12 2 STA T .3 1 5 3 PUBLIC LA W 11 0– 315 — AU G .1 4, 200 8teach e rp reparat ion pro g ra ms in the S tate an d to assist s u ch pro - grams through the pro v ision o f technica l assistance .E ach such State shall provide the Secretar yw ith an annual list of low-per- forming teacher preparation programs and an identification of those programs at ris k of b eing placed on such list , as applicable. Such assessment shall be described in the report under section 205( b ) . L evels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part, including progress in meeting the goals of —‘ ‘( 1 ) increasing the percentage of highly q ualified teachers in the State, including increasing professional development opportunities
‘‘(2) improving student academic achievement for elementary and secondary students; and ‘‘( 3 ) raising the standards for entry into the teaching profes- sion. ‘‘(b) TERMINAT I O NO F E L I G I B ILIT Y .— A ny teacher preparation program from which the State has withdrawn the State ’ s approval, or terminated the State’s financial support, due to the low perform- ance of the program based upon the State assessment described in subsection (a)— ‘‘(1) shall be ineligible for any funding for professional development activities awarded by the D epartment; ‘‘(2) may not be permitted to accept or enroll any student who receives aid under title IV in the institution’s teacher preparation program; ‘‘(3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and ‘‘( 4 ) shall be reinstated upon demonstration of improved performance, as determined by the State. ‘‘(c) N EGOTIATE DRU LEMA K ING.—If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organi z ations. ‘‘(d) A P PLI C ATION OF T H ERE Q UIREMENT S .—The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs. ‘ ‘ SEC.208 . G E N E RALP R OVI SIONS. ‘‘(a) M ETHODS.—In complying with sections 205 and 20 6 , the Secretary shall ensure that States and institutions of higher edu- cation use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information. ‘‘(b) SPECIAL RULE.— F or each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic sub j ects within the State are highly qualified, as required under section 111 9 of the Elementary and Secondary Education Act of 1965, in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school is highly qualified by the deadline, as required under section 612(a)(14)( C ) of the Individuals with Disabilities Education Act, the Secretary shall— 20USC1 022 g.
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