123STA T . 2 8 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9ortui tio na n dfe e sp aid by students ) at l east at t h ele v el of su c h support in fiscal year 20 0 6.( 2) ACHIEV I NG E QU I TY IN TE A CHE RD I S TRI B UTI O N. —T he S tate w ill ta k e actions to i m prove teacher effectiveness and comply with section 1 111(b)( 8 )( C ) of the E SEA (20 U .S.C. 6 3 11(b)(8)(C)) in order to address ine q uities in the distribution of hi g hly qualified teachers between high - and low-poverty schools , and to ensure that low-income and minority children are not taught at higher rates than other children by ine x peri- enced, unqualified, or out-of-field teachers. (3) IMP ROVING CO L LECTION AND USE O F DATA.—The State will establish a longitudinal data system that includes the elements described in section 6 4 01(e)(2)( D ) of the America C OMP ETES Act (20 U.S.C. 9 8 7 1). (4) STANDARDS AND ASSESSMENTS.—The State— (A) will enhance the quality of the academic assess- ments it administers pursuant to section 1111(b)(3) of the ESEA (20 U.S.C. 6311(b)(3)) through activities such as those described in section 6112(a) of such Act (20 U.S.C. 7301a(a))
( B ) will comply with the requirements of paragraphs (3)(C)(ix) and (6) of section 1111(b) of the ESEA (20 U.S.C. 6311(b)) and section 612(a)(16) of the IDEA (20 U.S.C. 1412(a)(16)) related to the inclusion of children with disabil- ities and limited English proficient students in State assessments, the development of valid and reliable assess- ments for those students, and the provision of accommoda- tions that enable their participation in State assessments; and (C) will take steps to improve State academic content standards and student academic achievement standards consistent with section 6401(e)(1)(9)(A)(ii) of the America COMPETES Act. ( 5 ) SUPPORTING STRUGGLING SCHOOLS.—The State will ensure compliance with the requirements of section 1116(a)(7)(C)(iv) and section 1116(a)(8)(B) of the ESEA with respect to schools identified under such sections. SEC.140 0 6 .S TA TE IN CENTI V E GR ANTS. (a) IN G ENERAL.— (1) R ESERVATION.— F rom the total amount reserved under section 14001(c) that is not used for section 14007, the Secretary may reserve up to 1 percent for technical assistance to States to assist them in meeting the ob j ectives of paragraphs (2), (3), (4), and (5) of section 14005(d). (2) REMAINDER.—Of the remaining funds, the Secretary shall, in fiscal year 2010, make grants to States that have made significant progress in meeting the objectives of para- graphs (2), (3), (4), and (5) of section 14005(d). (b) BASIS FOR GRANTS.—The Secretary shall determine which States receive grants under this section, and the amount of those grants, on the basis of information provided in State applications under section 14005 and such other criteria as the Secretary deter- mines appropriate, which may include a State ’ s need for assistance to help meet the objective of paragraphs (2), (3), (4), and (5) of section 14005(d).
