20 U.S.C. § 1107
Section 1107 · National Board for Professional Teaching Standards
Amended 2 times on record
For the purpose of this subpart—
(1) The term “Board” means the National Board for Professional Teaching Standards.
(2) The term “Committee” means the Fund for Improvement and Reform of Schools and Teaching Board established in section 48311 of this title.
(3) The term “Director” means the Director of the National Science Foundation.
(1) Program authorized
From sums appropriated pursuant to the authority of subsection (k) of this section in any fiscal year, the Secretary shall, in accordance with this subpart, provide financial assistance to the National Board for Professional Teaching Standards, in order to pay the costs of the activities described in subsection (d) of this section.
(2) Terms and conditions
(A) No financial assistance may be made available under this subpart except upon an application as required by subsection (e) of this section.
(B) No financial assistance may be made available under this subpart unless the Secretary determines that—
(i) the Board will comply with the provisions of this subpart;
(ii) the Board will use the Federal funds only for research and development activities in accordance with subsection (d) of this section and such teacher assessment and certification procedures will be free from racial, cultural, gender or regional bias;
(iii) the Board—
(I) will widely disseminate for review and comment announcements of specific research projects to be conducted with Federal funds, including a description of the goals and focus of the specific project involved and the specific merit review procedures and evaluation criteria to be used in the competitive award process; and
(II) will send such announcements to the Secretary, the Director, the National Research Council, and the educational research community;
(iv) the Secretary, pursuant to an arrangement with the Board, will publish the announcements described in clause (iii) in the Federal Register (or such other publication deemed appropriate by the Secretary) and in publications of general circulation designed to disseminate such announcements widely to the educational research community;
(v) the Board will, after offering any interested party an opportunity to make comment upon, and take exception to, the projects contained in the announcements described in clause (iii) for a 30-day period following publication, and after reconsidering any project upon which comment is made or to which exception is taken, issue through the Secretary a request for proposals in the Federal Register (or such other publication deemed appropriate by the Secretary) containing any revised project information;
(vi) the Board will make awards of Federal funds competitively on the basis of merit, and, in the award process, the Board will select, to the extent practicable consistent with standards of excellence—
(I) a broad range of institutions associated with educational research and development; and
(II) individuals who are broadly representative of the educational research and teaching communities with expertise in the specific area of research and development in question;
(vii) the Board will adopt audit practices customarily applied to nonprofit private organizations and will comply with subsection (g)(4) of this section;
(viii) the Board will not use Federal funds to meet the administrative and operating expenses of the Board;
(ix) the Board will submit an annual report to the Congress in accordance with the provisions of subsection (g)(1) of this section; and
(x) the Board will, upon request, disseminate to States, local educational agencies, or other public educational entities the results of any research or research project produced with funds authorized by this subpart, upon the payment of the cost of reproducing the appropriate material.
(3) Availability of funds
(A) Notwithstanding any other provision of law, funds appropriated to carry out this subpart shall remain available for obligation and expenditure until the end of the second fiscal year succeeding the fiscal year for which the funds were appropriated.
(B) No funds shall be made available to the Board after September 30, 1997, except as authorized by subparagraph (A) of this subsection.
The Board shall consult at least twice annually with the Committee on the design and execution of its overall research and development strategy, including procedures to assure compliance with the requirements of this subpart. The procedures shall include—
(1) an outline of specific research and development agenda and activities to be conducted with the Federal funds; and
(2) provisions to ensure compliance with the open competition and merit review requirements of this subpart for proposals and projects assisted under this subpart.
(1) In general
Federal funds received under this subpart may only be used for research and development activities directly related to the development of teacher assessment and certification procedures for elementary and secondary school teachers.
(2) Priorities
(A) The Board shall give priority to research and development activities in—
(i) mathematics;
(ii) the sciences;
(iii) foreign languages; and
(iv) literacy, including the ability to read, write and analyze.
(B) The Board shall give priority to research and development activities for the certification of elementary and secondary school teachers and the need and ability of such teachers to teach special educational populations, including—
(i) limited English proficient children;
(ii) gifted and talented children;
(iii) children with disabilities; and
(iv) economically and educationally disadvantaged children.
(1) In general
The Board shall submit applications to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall—
(A) describe the activities for which assistance is sought; and
(B) provide assurances that the non-Federal contributions described in subsection (f) of this section are paid from non-Federal sources, together with a description of the manner in which the Board will comply with the requirements of this subparagraph.
(2) Approval
The Secretary shall approve an application unless such application fails to comply with the provisions of this subpart.
(1) In general
The Secretary shall not provide financial assistance under this subpart to the Board unless the Board agrees to expend non-Federal contributions equal to $1 for every $1 of the Federal funds provided pursuant to such financial assistance.
(2) Non-Federal contributions
The non-Federal contributions described in paragraph (1)—
(A) may include all non-Federal funds raised by the Board on or after January 1, 1987; and
(B) may be used for outreach, implementation, administration, operation, and other costs associated with the development and implementation of national teacher assessment and certification procedures under this subpart.
(1) National Board for Professional Teaching Standards report
The Board shall submit an annual report to the appropriate committees of the Congress not later than June 30 of any fiscal year in which Federal funds are expended pursuant to this subpart. The Board shall disseminate the report for review and comment to the Department of Education, the National Science Foundation, the National Research Council, and the education research community. The report shall—
(A) include a detailed financial statement and a report of the audit practices described in subsection (b)(2)(B)(vii) of this section;
(B) include a description of the general procedures to assure compliance with the requirements of this subpart as required in subsection (d) of this section; and
(C) provide a comprehensive and detailed description of the Board's agenda, activities, and planned activities for the preceding and succeeding fiscal years, including—
(i) the Board's overall research and development program and activities;
(ii) the specific research and development projects and activities conducted with Federal funds during the preceding fiscal year, including—
(I) a description of the goals and methodology of the project;
(II) a description and assessment of the findings (or status and preliminary findings if the project is not yet completed);
(III) a description of the competitive bidding process, the merit review procedures, and the evaluation criteria used to award project funds; and
(IV) a description of the Board's plans for dissemination of the findings described in clause (ii);
(iii) the specific research and development projects and activities planned to be conducted with Federal funds during the succeeding fiscal year, including the goals and methodologies to be used; and
(iv) a listing of available publications of the Board, including publications related to policies, standards and general information, research reports, and commissioned papers of the Board.
(2) First annual report
The first annual report required by this subsection shall include a description of the Board's research and development agenda for the succeeding 5-year period. Such first report shall include to the maximum extent practicable, a description of specific research and development projects and activities, and the goals and methodologies of such projects and activities.
(3) Additional reports
The Secretary, the Director, and the National Research Council shall report to the appropriate committees of the Congress on the compliance of the Board with the requirements of this part not later than 30 days after the Board submits its annual report pursuant to paragraph (1).
(4) Auditing provision
The Comptroller General of the United States, and any of the Comptroller's authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the Board, and to any recipient of the Board, that is pertinent to the sums received and disbursed under this subpart.
(1) In general
After September 30, 1995, the Secretary shall reserve not more than 2 percent of the amount appropriated pursuant to the authority of subsection (k) of this section to provide for an independent, ongoing evaluation of the research program of teacher assessments carried out by the Board and the fairness and the accuracy of the data such evaluations produce. The evaluation shall include an analysis of the impact of teacher assessments on minority teachers. The findings of the evaluation shall be submitted to the Labor and Human Resources Committee of the Senate and the Education and Labor Committee of the House of Representatives.
(2) Special rule
The Secretary shall enter into a contract for the performance of the evaluation described in paragraph (1) with a nationally recognized organization (such as the National Academy of Sciences or the National Academy of Education).
Nothing in this subpart shall be construed to—
(1) establish a preferred national curriculum or preferred teaching methodology for elementary and secondary school instruction;
(2) infringe upon the rights and responsibilities of the States to license elementary and secondary school teachers;
(3) infringe upon the practice or accreditation of home school or private school teaching;
(4) provide an individual certified by the Board with a right of action against a State, local educational agency, or other public educational entity for any decisions related to hiring, promotion, retention or dismissal;
(5) authorize the Board to—
(A) study, create, or promulgate separate standards applicable to home school or private school teachers;
(B) take any action to require home school, private school, or public school teachers to participate in any program offered by the Board; or
(C) take any action that infringes in any manner on the right of parents to direct the education of their children; or
(6) authorize the Secretary to exercise supervision or control over the research program, standards, assessment practices, administration, or staffing policies of the Board.
Notwithstanding any other provision of this subpart, voluntary participation in certification assessments by the Board shall be open to home school, private school, and public school teachers.
There are authorized to be appropriated $20,000,000 for the period beginning October 1, 1992, and ending September 30, 1997, to carry out the provisions of this subpart.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 4831 of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 103 382, title III, §365, Oct. 20, 1994, 108 Stat. 3975.
Prior Provisions
A prior section 1107, Pub. L. 89 329, title V, §531, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1500, related to purpose and authority for professional development resource centers program, prior to the general revision of this subchapter by Pub. L. 102 325.
A prior section 551 of Pub. L. 89 329, title V, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1506; amended Pub. L. 100 50, §17(a), June 3, 1987, 101 Stat. 359, set forth the purpose of the Congressional teacher scholarship program and was classified to section 1111 of this title, prior to the general revision of this subchapter by Pub. L. 102 325.
Another prior section 551 of Pub. L. 89 329, title V, as added Pub. L. 96 374, title V, §506, Oct. 3, 1980, 94 Stat. 1464, stated Congressional findings concerning Federal programs to train education professionals and was classified to section 1119c of this title, prior to the general revision of this subchapter by Pub. L. 99 498.
Another prior section 551 of Pub. L. 89 329, title V, as added Pub. L. 90 576, title II, §201, Oct. 16, 1968, 82 Stat. 1091, stated the Congressional declaration of purpose and was classified to section 1119c of this title, prior to repeal by Pub. L. 94 482, title I, §151(a)(4)(C), title II, §204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215.
Another prior section 1107, Pub. L. 89 329, title V, §517, Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90 35, §3(a)(3), June 29, 1967, 81 Stat. 85, prohibited members of the Teacher Corps from acting as replacements for teachers, prior to repeal by Pub. L. 97 35, title V, §587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982.
Sections 1107a to 1107d were omitted in the general revision of this subchapter by Pub. L. 102 325.
Section 1107a, Pub. L. 89 329, title V, §532, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1501, related to geographical distribution of grants to establish and operate professional development resource centers.
Another prior section 1107a, Pub. L. 89 329, title V, §517A, as added Pub. L. 90 35, §3(i), June 29, 1967, 81 Stat. 87, related to teaching children of migratory agricultural workers, prior to repeal by Pub. L. 97 35, title V, §587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982.
Section 1107b, Pub. L. 89 329, title V, §533, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1501, related to grant requirements for professional development resource centers.
Section 1107c, Pub. L. 89 329, title V, §534, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1502, related to requirement for professional development policy boards.
Section 1107d, Pub. L. 89 329, title V, §535, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1502, related to submission and approval of applications for grants to establish and operate professional development resource centers.
Amendments
1994—Subsec. (b)(1). Pub. L. 103 227, §1013(1), struck out “the Federal share of” after “in order to pay”.
Subsec. (e)(1)(B). Pub. L. 103 227, §1013(2), which directed substitution of “contributions described in subsection (f) of this section are” for “share of the cost of the activities of the Board is”, was executed by making the substitution for “share of the cost of activities of the Board is”, to reflect the probable intent of Congress.
Subsec. (f). Pub. L. 103 227, §1013(3), amended heading and text of subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
“(f) Federal Share.—
“(1) In general.—The Secretary shall pay to the Board the Federal share of the costs of the activities of the Board for the period for which the application is approved under subsection (e) of this section.
“(2) Amount of federal share.—The Federal share shall be 50 percent of the costs of the activities described in subsection (d) of this section.”
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.