20 U.S.C. § 7442

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 7442 - Professional development for teachers and education professionals
(a) Purposes

The purposes of this section are-

(1) to increase the number of qualified Indian teachers and administrators serving Indian students;
(2) to provide pre- and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;
(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2); and
(4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and preparation for postsecondary education or employment.
(b) Eligible entities

For the purpose of this section, the term "eligible entity" means-

(1) an institution of higher education, including a Tribal College or University, as defined in section 1059c(b) of this title;
(2) a State educational agency or local educational agency, in consortium with an institution of higher education;
(3) an Indian tribe or organization, in consortium with an institution of higher education; and
(4) a Bureau-funded school (as defined in section 2026 1 of title 25) in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title, where feasible.
(c) Program authorized

The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d).

(d) Authorized activities
(1) In general

Grant funds under this section shall be used for activities to provide support and training for Indian individuals in a manner consistent with the purpose of this section. Such activities may include-

(A) continuing education programs, symposia, workshops, and conferences;
(B) teacher mentoring programs, professional guidance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers;
(C) direct financial support; and
(D) programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support.
(2) Special rules
(A) Type of training

For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training.

(B) Program

For individuals who are being trained to enter any field other than teaching, the training received pursuant to a grant under this section shall be in a program that results in a graduate degree.

(e) Application

Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will-

(1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders;
(2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and
(3) assist participants in meeting the requirements under subsection (h).
(f) Special rule

In awarding grants under this section, the Secretary-

(1) may give priority to Tribal Colleges and Universities;
(2) shall consider the prior performance of the eligible entity; and
(3) may not limit eligibility to receive a grant under this section on the basis of the length of any period for which the eligible entity has received a grant.
(g) Grant period

The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant.

(h) Service obligation
(1) In general

The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section-

(A) perform work-
(i) related to the training received under this section; and
(ii) that benefits Indian students in a local educational agency that serves a high proportion of Indian students; or
(B) repay all or a prorated part of the assistance received.
(2) Reporting

The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1).

1 See References in Text note below.

20 U.S.C. § 7442

Pub. L. 89-10, title VI, §6122, formerly title VII, §7122, as added Pub. L. 107-110, title VII, §701, Jan. 8, 2002, 115 Stat. 1922; renumbered title VI, §6122, and amended Pub. L. 114-95, title VI, §§6001(a), (b) (1), 6002(l), Dec. 10, 2015, 129 Stat. 2046, 2056.

EDITORIAL NOTES

REFERENCES IN TEXTSection 2026 of title 25, referred to in subsec. (b)(4), was omitted in the general amendment of chapter 22 of Title 25, Indians, by Pub. L. 107-110, title X, §10421042,, 115 Stat. 2007. See section 2021 of Title 25.

PRIOR PROVISIONSA prior section 6122 of Pub. L. 89-10 was renumbered section 5102 and is classified to section 7305a of this title.

AMENDMENTS2015-Subsec. (a)(1). Pub. L. 114-95, §6002(l)(1)(A), added par. (1) and struck out former par. (1) which read as follows: "to increase the number of qualified Indian individuals in teaching or other education professions that serve Indian people;".Subsec. (a)(2). Pub. L. 114-95, §6002(l)(1)(B), added par. (2) and struck out former par. (2) which read as follows: "to provide training to qualified Indian individuals to enable such individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and".Subsec. (a)(4). Pub. L. 114-95, §6002(l)(1)(C), (D), added par. (4).Subsec. (b)(1). Pub. L. 114-95, §6002(l)(2)(A), substituted "including a Tribal College or University, as defined in section 1059c(b) of this title" for "including an Indian institution of higher education".Subsec. (b)(4). Pub. L. 114-95, §6002(l)(2)(B), inserted before period at end "in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title, where feasible".Subsec. (d)(1). Pub. L. 114-95, §6002(l)(3), substituted "purpose of this section." for "purposes of this section." and "Such activities may include-" and subpars. (A) to (D) for "Such activities may include continuing programs, symposia, workshops, conferences, and direct financial support, and may include programs designed to train tribal elders and seniors."Subsec. (e). Pub. L. 114-95, §6002(l)(4), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require." Subsec. (f). Pub. L. 114-95, §6002(l)(5), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (3), substituted "basis of the length of any period for which the eligible entity has received a grant." for "basis of- "(A) the number of previous grants the Secretary has awarded such entity; or "(B) the length of any period during which such entity received such grants."Subsec. (g). Pub. L. 114-95, §6002(l)(6), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: "Each grant under this section shall be awarded for a period of not more than 5 years."Subsec. (h)(1)(A)(ii). Pub. L. 114-95, §6002(l)(7), substituted "students in a local educational agency that serves a high proportion of Indian students" for "people".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95 set out as a note under section 6301 of this title.

Secretary
The term "Secretary" means the Secretary of Education.
State educational agency
The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
professional development
The term "professional development" means activities that-(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that-(i) improve and increase teachers'-(I) knowledge of the academic subjects the teachers teach;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) improve classroom management skills;(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;(vi) advance teacher understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.
specialized instructional support personnel
The term "specialized instructional support personnel" means-(i) school counselors, school social workers, and school psychologists; and(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 1401 of this title) as part of a comprehensive program to meet student needs.