(a) Educator development, retention, and advancement. In its consolidated State plan, consistent with sections 2101 and 2102 of the Act, if an SEA intends to use funds under one or more of the included programs for this purpose, the SEA must describe -

1. (1) The State's system of certification and licensing of teachers and principals or other school leaders;
2. (2) The State's strategies to improve educator preparation programs consistent with section 2101(d)(2)(M) of the Act, particularly for educators of low-income and minority students; and
3. (3) The State's systems of professional growth and improvement, for educators that addresses induction, development, consistent with the definition of professional development in section 8101(42) of the Act, compensation, and advancement for teachers, principals, and other school leaders which may also include how the SEA will work with LEAs in the State to develop or implement systems of professional growth and improvement, consistent with 2102(b)(2)(B) of the Act, or State or local teacher, principal, or other school leader evaluation and support systems consistent with section 2101(c)(4)(B)(ii) of the Act.

(b) Support for educators.

1. (1) In its consolidated State plan, each SEA must describe how it will use title II, part A funds and funds from other included programs, consistent with allowable uses of funds provided under those programs, to support State-level strategies designed to:

   1. (i) Increase student achievement consistent with the challenging State academic standards;
   2. (ii) Improve the quality and effectiveness of teachers, principals, and other school leaders;
   3. (iii) Increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and
   4. (iv) Provide low-income and minority students greater access to effective teachers, principals, and other school leaders consistent with the provisions described in paragraph (c) of this section.
2. (2) In its consolidated State plan, each SEA must describe how the SEA will improve the skills of teachers, principals, or other school leaders in identifying students with specific learning needs and providing instruction based on the needs of such students consistent with section 2101(d)(2)(J) of the Act.

(c) Educator equity.

1. (1) Each SEA must describe, consistent with section 1111(g)(1)(B) of the Act, whether low-income and minority students enrolled in schools that receive funds under title I, part A of the Act are taught at different rates by ineffective, out-of-field, or inexperienced teachers compared to non-low-income and non-minority students enrolled in schools not receiving funds under title I, part A of the Act in accordance with paragraph (c)(3) of this section.

2. (2) For the purposes of this section, each SEA must establish and provide in its State plan a different definition, using distinct criteria, for each of the terms included in paragraphs (c)(2)(i) through (vi) of this section -

   1. (i) A statewide definition of “ineffective teacher”, or statewide guidelines for LEA definitions of “ineffective teacher”, that differentiates between categories of teachers and provides useful information about educator equity;
   2. (ii) A statewide definition of “out-of-field teacher” consistent with § 200.37 that provides useful information about educator equity;
   3. (iii) A statewide definition of “inexperienced teacher” consistent with § 200.37 that provides useful information about educator equity;
   4. (iv) A statewide definition of “low-income student”;
   5. (v) A statewide definition of “minority student” that includes, at a minimum, race, color, and national origin, consistent with title VI of the Civil Rights Act of 1964; and
   6. (vi) Such other definitions for any other key terms that a State elects to define and use for the purpose of meeting the requirements in paragraph (c)(1) of this section.

3. (3) For the purpose of the required description under paragraph (c)(1) of this section -

   1. (i) Rates. Each SEA must annually calculate, using student-level data, except as permitted under § 299.13(d)(3), the statewide rates at which -

      1. (A) Low-income students enrolled in schools receiving funds under title I, part A of the Act, are taught by -

         (1) Ineffective teachers;

         (2) Out-of-field teachers; and

         (3) Inexperienced teachers; and

      2. (B) Non-low-income students enrolled in schools not receiving funds under title I, part A of the Act, are taught by -

         (1) Ineffective teachers;

         (2) Out-of-field teachers; and

         (3) Inexperienced teachers; and

      3. (C) Minority students enrolled in schools receiving funds under title I, part A of the Act are taught by -

         (1) Ineffective teachers;

         (2) Out-of-field teachers; and

         (3) Inexperienced teachers; and

      4. (D) Non-minority students enrolled in schools not receiving funds under title I, part A of the Act are taught by -

         (1) Ineffective teachers;

         (2) Out-of-field teachers; and

         (3) Inexperienced teachers.

   2. (ii) Other rates. Each SEA may annually calculate and report statewide at the student level, except as permitted under § 299.13(d)(3), the rates at which students represented by any other key terms that a State elects to define and use for the purpose of this section are taught by ineffective teachers, out-of-field teachers, and inexperienced teachers.
   3. (iii) Statewide differences in rates. Each SEA must calculate the differences, if any, between the rates calculated in paragraph (c)(3)(i)(A) and (B), and between the rates calculated in paragraph (c)(3)(i)(C) and (D) of this section.
4. (4) Each SEA must provide the Web address or URL of or a direct link to where it will publish and annually update the rates and differences in rates calculated under paragraph (c)(3) of this section and report on the rates and differences in rates in the manner described in § 299.13(c)(1)(iii), consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and applicable regulations.

5. (5) Each SEA that describes, under paragraph (c)(1) of this section, that low-income or minority students enrolled in schools receiving funds under title I, part A of this Act are taught at higher rates, which are rates where any of the statewide differences in rates calculated under paragraph (c)(3)(iii) is greater than zero, by ineffective, out-of-field, or inexperienced teachers must -

   1. (i) Describe the likely causes (e.g., teacher shortages, working conditions, school leadership, compensation, or other causes), which may vary across districts or schools, of the most significant statewide differences in rates described in paragraph (c)(1) of this section including by identifying whether those differences in rates reflect gaps between districts, within districts, and within schools;

   2. (ii) Provide its strategies, including timelines and Federal or non-Federal funding sources, that are -

      1. (A) Designed to address the likely causes of the most significant differences in rates identified under paragraph (c)(5)(i) of this section; and
      2. (B) Prioritized to address the most significant differences in rates identified under paragraph (c)(1) of this section as identified by the SEA, including by prioritizing strategies to support any schools identified for comprehensive or targeted support and improvement under § 200.19 that are contributing to those differences in rates; and
   3. (iii) Describe its timelines and interim targets for eliminating all differences in rates identified under paragraph (c)(1).

6. (6) To meet the requirements of section 1111(g)(1)(B) of the Act, an SEA may -

   1. (i) Direct an LEA, including an LEA that contributes to the differences in rates described by the SEA in paragraph (c)(1) of this section, to use a portion of its title II, part A, funds in a manner that is consistent with allowable activities identified in section 2103(b) of the Act to provide low-income and minority students greater access to effective teachers, principals, and other school leaders; and

   2. (ii) Require an LEA to describe in its title II, part A plan or consolidated local plan how it will use title II, part A funds to address differences in rates described by the SEA in paragraph (c)(1) of this section and deny an LEA's application for title II, part A funds if an LEA fails to describe how it will address such differences in rates or fails to meet other local application requirements applicable to title II, part A.

      (Approved by the Office of Management and Budget under control number 1810-0576)

      (Authority: 20 U.S.C. 1221e-3, 3474, 7842)