20 U.S.C. § 1022f — State functions

(a) State assessment In order to receive funds under this chapter, a State must conduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State must provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment must be described in the report under section 1022d(b) of this title . Levels of performance must 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 teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title , 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 profession. (b) Termination of eligibility Any teacher preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)— (1) must be ineligible for any funding for professional development activities awarded by the Department; (2) may not be permitted to accept or enroll any student who receives aid under subchapter IV in the institution’s teacher preparation program; (3) must 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) must be reinstated upon demonstration of improved performance, as determined by the State. (c) Negotiated rulemaking If the Secretary develops any regulations implementing subsection (b)(2), the Secretary must submit such proposed regulations to a negotiated rulemaking process, which must include representatives of States, institutions of higher education, and educational and student organizations. (d) Application of the requirements The requirements of this section must apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.