Teachers LEAD Act of 2023

Subjects: Education, Health


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1502

   To direct the Secretary of Education to award grants to eligible 
   entities to carry out teacher leadership programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2023

   Mr. Lujan introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Education to award grants to eligible 
   entities to carry out teacher leadership programs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teachers Leading, Educating, 
Advancing, and Designing Act of 2023'' or the ``Teachers LEAD Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Decades of research have shown that teachers are the 
        single most important school-based factor in student 
        achievement, and an analysis by the Brookings Institution 
        indicates that a high level of teacher turnover is negatively 
        associated with student achievement, and is higher in urban 
        schools and schools with more economically disadvantaged 
        students.
            (2) A report by the National Commission on Teaching and 
        America's Future estimated that districts spend between $10,000 
        and $17,000 for each teacher who leaves the district, making 
        teacher turnover and attrition a costly issue for school 
        systems.
            (3) The United States education system is experiencing an 
        ongoing teacher recruitment, retention, and shortage crisis. 
        According to a National Education Association survey in January 
        of 2022, 55 percent of all teachers, 62 percent of Black 
        teachers, and 59 percent of Hispanic or Latino educators said 
        they were more likely to retire early or leave the profession.
            (4) In the same survey, 74 percent of teachers report 
        having to fill in for colleagues or take on other duties due to 
        staff shortages, while 90 percent of respondents pointed out 
        that teacher burnout is becoming a very serious issue. As a 
        Nation, we face the possibilities of vacancies and educator 
        burnout being exacerbated by educator shortages.
            (5) An analysis by the Economic Policy Institute of teacher 
        turnover data suggests that low salaries, lack of professional 
        development opportunities, and a difficult school climate, 
        including lack of teacher input into school policy, are common 
        factors behind teachers leaving the workforce.
            (6) According to data from the National Center for 
        Education Statistics, racially and ethnically diverse teachers 
        are more likely to work in high-need schools. Unfortunately, 
        these schools often experience high teacher turnover rates, 
        which can have a negative impact on students.
            (7) According to a report by Teach Plus and the Education 
        Trust, teachers of color report that they have considered 
        leaving the profession because they lack agency, autonomy in 
        decision making, and opportunities for leadership.
            (8) Studies show that all students benefit from having 
        racially and ethnically diverse teachers. These benefits are 
        magnified for students of color, who experience improved 
        academic performance, higher graduation rates, and increased 
        interest in pursuing higher education.
            (9) Teachers of color are also underrepresented in schools, 
        with only 20 percent of the teacher workforce identifying as 
        people of color versus over 50 percent of public school 
        students.
            (10) Studies show that there is a positive link between 
        professional leadership opportunities, job satisfaction, and 
        retention of classroom teachers, and that compensation for 
        teachers' added leadership responsibilities increases teacher 
        retention.
            (11) In a Gates Foundation Survey, only 12 percent of all 
        teachers surveyed reported receiving consistent job-embedded 
        mentorship and professional development from veteran teachers, 
        despite multiple studies showing that consistent mentorship 
        improves student learning.
            (12) The New Teacher Project found that only 26 percent of 
        high-performing teachers agreed that their school leadership 
        identified opportunities or clear paths for teacher leadership 
        roles.
            (13) According to a report by Teach Plus and the Education 
        Trust, teachers' investment in their schools and their 
        likelihood of retention is greater where opportunities exist to 
        innovate and advocate on behalf of students, especially when a 
        teacher acts in partnership with school and district 
        administration to address student and teacher needs.
            (14) Structured leadership programs are an effective way to 
        help combat the nationwide teacher shortage and improve teacher 
        retention by empowering teachers and establishing formal peer 
        mentorships between effective and experienced teachers and 
        those just entering the profession, which also leads to 
        academic and socio-emotional benefits for students.
            (15) Federal policies are needed to encourage and fund the 
        establishment of structured leadership programs at public 
        schools, especially in high-need schools and school districts.

SEC. 3. TEACHER LEADERSHIP GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) ESEA terms.--The terms ``educational service agency'', 
        ``elementary school'', ``local educational agency'', 
        ``paraprofessional'', ``school leader'', ``secondary school'', 
        and ``Secretary'' have the meanings given such terms in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (2) Distributed leadership.--The term ``distributed 
        leadership'' means a range of approaches wherein the school 
        leadership shares aspects of the traditional set of school 
        decisions, organization, management, and operations with 
        teachers in a manner that is coordinated by, agreed to, and led 
        by the teachers and school leadership.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency or educational 
                service agency;
                    (B) a consortium of local educational agencies or 
                educational service agencies; or
                    (C) a partnership between a local educational 
                agency or educational service agency and--
                            (i) a nonprofit organization with 
                        demonstrated expertise in teacher leadership 
                        programs, as determined by the Secretary;
                            (ii) a State educational agency in the same 
                        State as the local educational agency or 
                        educational service agency with demonstrated 
                        capacity in supporting teacher leadership 
                        programs, as determined by the Secretary;
                            (iii) an institution of higher education 
                        (as defined in section 101 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001)) that 
                        awards postsecondary teacher certificates or 
                        degrees and has a demonstrated capacity in 
                        supporting teacher leadership programs or 
                        teacher diversity, as determined by the 
                        Secretary;
                            (iv) a Minority-Serving Institution, Tribal 
                        College or University, or Historically Black 
                        College or University; or
                            (v) an Indian Tribe.
            (4) High-need educational service agency.--The term ``high-
        need educational service agency'' means an educational service 
        agency that serves a significant number or percentage of high-
        need local educational agencies.
            (5) High-need local educational agency.--The term ``high-
        need local educational agency'' means a high-need local 
        educational agency, as such term is defined in paragraph (10) 
        of section 200 of the Higher Education Act of 1965 (20 U.S.C. 
        1021(10)).
            (6) Indian tribe.--The term ``Indian Tribe'' means the 
        recognized governing body of any Indian or Alaska Native Tribe, 
        band, nation, pueblo, village, community, component band, or 
        component reservation, individually identified (including 
        parenthetically) in the list published most recently as of the 
        date of enactment of this Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).
            (7) Minority-serving institution.--The term ``Minority-
        Serving Institution'' means any of the following:
                    (A) An Alaska Native-serving institution, as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)).
                    (B) A Native Hawaiian-serving institution, as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)).
                    (C) A Hispanic-serving institution, as that term is 
                defined in section 502(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1101a(a)).
                    (D) A Predominantly Black institution, as that term 
                is defined in section 371(c) of the Higher Education 
                Act of 1965 (20 U.S.C. 1067q(c)).
                    (E) An Asian American and Native American Pacific 
                Islander-serving institution, as that term is defined 
                in section 320(b) of the Higher Education Act of 1965 
                (20 U.S.C. 1059g(b)).
                    (F) A Native American-serving, nontribal 
                institution, as that term is defined in section 319(b) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1059f(b)).
            (8) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given the term as 
        defined in section 316(b)(3) of the Higher Education Act of 
        1965 (20 U.S.C. 1059c(b)(3)).
            (9) Historically black college or university.--The term 
        ``Historically Black College or University'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (10) Teacher leader.--The term ``teacher leader'' means a 
        teacher who is selected to participate in the teacher 
        leadership program under this section.
    (b) Program Authorized.--
            (1) In general.--The Secretary shall award grants, on a 
        competitive basis, to eligible entities to carry out teacher 
        leadership programs.
            (2) Reservations.--From the total amount appropriated to 
        carry out this section for a fiscal year, the Secretary--
                    (A) shall reserve not less than 5 percent to carry 
                out subsection (h);
                    (B) may reserve not more than--
                            (i) 3 percent to provide technical 
                        assistance to, and support the capacity 
                        building of, the programs assisted under this 
                        section; and
                            (ii) 0.5 percent to support program 
                        administration and data collection under this 
                        section; and
                    (C) may reserve not more than 3.5 percent to award 
                planning grants to eligible entities in order to assist 
                those eligible entities in developing a program 
                proposal in accordance with subsection (h).
            (3) Grant period.--The Secretary shall make grant awards 
        for not more than 3 years and may extend grant awards for not 
        more than 2 additional years if the grantee is making progress 
        in achieving program objectives.
            (4) Geographic diversity.--In awarding grants under this 
        section, the Secretary shall ensure that, to the extent 
        practicable, grants are distributed among eligible entities 
        that will serve geographically diverse areas, including urban 
        and rural areas.
    (c) Application.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    (A) a description of how the eligible entity will 
                implement the program proposal described in paragraph 
                (2);
                    (B) a description of how grant funds will be spent, 
                including if and how other Federal, State, Tribal, and 
                local funding sources may be used to supplement grant 
                funds in order to meet the requirements of the teacher 
                leadership program; and
                    (C) a description of how the eligible entity will 
                continue the teacher leadership activities assisted 
                under the grant after the grant period ends.
            (2) Program proposal.--The program proposal required under 
        this subsection shall include the following:
                    (A) Program plan.--A plan to establish and operate 
                a teacher leadership program that includes the 
                following:
                            (i) A description of how the eligible 
                        entity will ensure that the program includes 
                        the participation of teacher leaders in goal 
                        setting, professional learning, or 
                        collaboration with content experts, school 
                        leadership, colleagues, or leadership of an 
                        eligible entity, with respect to--
                                    (I) strategic planning or 
                                development at the school level and the 
                                level of the eligible entity, including 
                                planning and development relating to 
                                school climate, community engagement, 
                                teacher professional development and 
                                mentorship, and student growth; or
                                    (II) implementing practices to 
                                support children's social, emotional, 
                                or academic needs, such as--
                                            (aa) planning the design of 
                                        and organizing the physical 
                                        space, organizational 
                                        structure, wraparound services, 
                                        and culture of schools to 
                                        support positive, healthy, and 
                                        developmentally appropriate 
                                        relationships among members of 
                                        the school and community;
                                            (bb) creating multi-tiered 
                                        and integrated systems of 
                                        support to address student 
                                        academic and non-academic 
                                        needs;
                                            (cc) creating and fostering 
                                        safe and inclusive learning 
                                        environments that enable 
                                        authentic, culturally and 
                                        linguistically responsive 
                                        learning in identity-safe 
                                        settings; or
                                            (dd) supporting 
                                        participating teacher leaders 
                                        in earning additional 
                                        certifications or licensure to 
                                        develop their expertise such as 
                                        National Board Certification, 
                                        or licensure in special or 
                                        bilingual education.
                            (ii) A description of how the eligible 
                        entity will ensure that the program offers 
                        structures for shared decision making, 
                        distributed leadership, common planning, and 
                        collaboration between participating teacher 
                        leaders and school leaders.
                            (iii) A description of how the eligible 
                        entity will ensure that teacher leaders receive 
                        training and support to improve skills related 
                        to acting as instructional leaders, coaches, 
                        mentors, or facilitators of professional 
                        learning.
                            (iv) A description of how the eligible 
                        entity will use this program to establish and 
                        sustain teacher leadership opportunities to 
                        increase teacher retention, including for 
                        teachers who are individuals from 
                        underrepresented populations in the teaching 
                        profession.
                    (B) Program requirements.--A description of how the 
                eligible entity will meet each of the following program 
                requirements:
                            (i) Ensuring all full-time teachers with at 
                        least 3 years of full-time teaching experience 
                        that maintain their roles as classroom 
                        instructors and are employed by the local 
                        educational agency may apply to participate in 
                        such program as teacher leaders.
                            (ii) Providing the selection criteria for 
                        program participation to all eligible teachers 
                        described in clause (i), which will include 
                        selection based on an eligible teacher's 
                        demonstrated ability in carrying out not less 
                        than 5 of the criteria in subclauses (I) 
                        through (VIII) and a commitment to growth in 
                        other criteria where they do not have a 
                        demonstrated ability of--
                                    (I) carrying out leadership 
                                responsibilities while maintaining a 
                                role as a classroom instructor;
                                    (II) focusing on improving or 
                                advancing the vision, goals, and 
                                priorities of the eligible entity that 
                                employs such teacher using evidence-
                                based and practice-based data;
                                    (III) collecting and analyzing data 
                                of student social, emotional, and 
                                academic outcomes or teacher 
                                professional outcomes and taking 
                                actions to improve student outcomes, 
                                teacher outcomes or professional 
                                learning informed by such data;
                                    (IV) facilitating collaborative, 
                                evidence-based and practice-based, and 
                                sustained professional learning with 
                                peers, including mentorship and 
                                instruction leadership, that lead to 
                                improvements in teaching efficacy, 
                                professional outcomes or student 
                                social, emotional, and academic 
                                outcomes;
                                    (V) analyzing socioeconomic, 
                                cultural, and historical contexts of 
                                students, their communities, and the 
                                local educational agency, including 
                                existing pedagogy, school policies, and 
                                school-based outreach to families and 
                                the community to create safe, healthy, 
                                and inclusive school climates;
                                    (VI) implementing and evaluating 
                                strategies aimed at addressing areas of 
                                demonstrated need in the school at 
                                which the teacher is employed, 
                                including increasing wraparound 
                                services, academic supports, family 
                                engagement, and community-based 
                                services;
                                    (VII) supporting teachers to 
                                effectively serve students with 
                                disabilities, English learners, and 
                                students who are linguistically, 
                                racially, and culturally diverse, 
                                economically disadvantaged, or 
                                historically underrepresented to 
                                increase their social, emotional, and 
                                academic needs; and
                                    (VIII) using, customizing, or 
                                developing lesson materials and 
                                instructional resources to meet the 
                                unique needs of students and the 
                                eligible entity to further students' 
                                academic achievement and social-
                                emotional learning.
                            (iii) Ensuring that all teachers and 
                        paraprofessionals employed by the participating 
                        local educational agencies served by the 
                        eligible entity are eligible to participate in 
                        programming led by a teacher leader, when 
                        applicable.
                            (iv) Providing financial assistance or 
                        compensation to teacher leaders who participate 
                        in such program for the additional 
                        responsibilities that are directly related to 
                        the teacher leadership program.
                            (v) Allowing the financial assistance or 
                        compensation described in clause (iv) to be 
                        substituted for paid time off or satisfaction 
                        of a contract requirement--
                                    (I) at the request of the teacher 
                                leader receiving such compensation; and
                                    (II) with the authorization and 
                                agreement of the eligible entity that 
                                serves the elementary or secondary 
                                school at which such teacher leader is 
                                employed.
                            (vi) Requiring teacher leaders to support 
                        their own development and professional growth 
                        by evaluating themselves and each other using 
                        evidence-, research-, or practice-based 
                        rubrics.
                            (vii) Consulting with other teachers who 
                        are not teacher leaders when developing and 
                        implementing the program as described in this 
                        subparagraph.
                            (viii) Expending funds granted under this 
                        Act to permit--
                                    (I) not more than 5 percent of such 
                                grant funds for administrative 
                                expenses; and
                                    (II) not less than 95 percent of 
                                such grant funds to--
                                            (aa) implement the program 
                                        proposal described in this 
                                        paragraph; and
                                            (bb) carry out 1 or more of 
                                        the following activities:

                                                    (AA) Facilitating 
                                                collaboration between 
                                                program participants.

                                                    (BB) Developing or 
                                                improving instructional 
                                                materials.

                                                    (CC) Supporting the 
                                                reallocation of work 
                                                hours for teacher 
                                                leaders between 
                                                classroom 
                                                responsibilities and 
                                                responsibilities as a 
                                                teacher leader.

            (3) Data reporting requirement.--Each eligible entity 
        applying for a grant under this section shall include in such 
        application an assurance that the eligible entity will comply 
        with reporting and evaluation requirements described in 
        subsection (f).
    (d) Priority.--In awarding grants under this section, the Secretary 
shall give priority to eligible entities that are or that include--
            (1) a high-need educational service agency;
            (2) a high-need local educational agency;
            (3) a local educational agency that receives basic support 
        payments under section 7003(b)(1) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1));
            (4) an Indian Tribe, Tribal educational department or 
        agency, or Tribal educational organization;
            (5) a Native Hawaiian community-based organization or 
        Native Hawaiian educational organization (as those terms are 
        defined in section 6207 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7517)) or an Alaska Native 
        organization (as defined in section 6306 of such Act (20 U.S.C. 
        7546));
            (6) a local educational agency that demonstrates in their 
        program proposal under subsection (b)(2) a plan to use this 
        program to establish and sustain teacher leadership 
        opportunities to increase teacher recruitment, including 
        teachers who are individuals from underrepresented populations 
        in the teaching profession;
            (7) an eligible entity described in subsection (a)(3)(C) 
        that has a successful track record in supporting teacher 
        leadership models, retaining teachers, or advancing teacher 
        diversity; or
            (8) a Historically Black College or University, a Tribal 
        College or University, or a Minority-Serving Institution.
    (e) Uses of Funds.--
            (1) In general.--An eligible entity awarded a grant under 
        this section shall use--
                    (A) not more than 5 percent of such grant funds for 
                administrative expenses; and
                    (B) not less than 95 percent of such grant funds to 
                implement the program proposal described in subsection 
                (c)(2) and, at the eligible entity's option, carry out 
                activities described in paragraph (2).
            (2) Permissive uses of funds.--In addition to implementing 
        the program proposal under subsection (c)(2), an eligible 
        entity awarded a grant under this section may use such grant 
        funds to facilitate--
                    (A) collaboration between program participants;
                    (B) instructional materials development; or
                    (C) the reallocation of work hours for teacher 
                leaders between classroom responsibilities and 
                responsibilities as a teacher leader.
    (f) Reports and Evaluation.--
            (1) Reports to the secretary.--An eligible entity shall 
        submit to the Secretary, in a timeline determined by the 
        Secretary, all information necessary for the evaluation 
        described in paragraph (2).
            (2) Evaluation.--The Secretary, acting through the Director 
        of the Institute of Education Sciences, shall carry out an 
        independent evaluation measuring the effectiveness of the 
        activities carried out under grants awarded under this section, 
        including information about whether participating eligible 
        entities experience greater teacher retention than non-
        participants. In carrying out the evaluation, the Director 
        shall collect and analyze the following information, 
        disaggregated by race, ethnicity, and gender:
                    (A) With respect to each participating eligible 
                entity--
                            (i) the 3-year retention rate of all full-
                        time teachers, disaggregated by--
                                    (I) teachers who are in their first 
                                year of teaching; and
                                    (II) teachers who were hired by 
                                such local educational agency in the 
                                same school year as one another;
                            (ii) the 5-year retention rate of all full-
                        time teachers, disaggregated by--
                                    (I) teachers who are in their first 
                                year of teaching; and
                                    (II) teachers who were hired by 
                                such local educational agency in the 
                                same school year as one another; and
                            (iii) the employment status of full-time 
                        teachers who were hired by such educational 
                        agency, in the same school year in which such 
                        eligible entity received a grant under this 
                        section.
                    (B) With respect to each teacher leader 
                participating in a program established using such grant 
                funds, the following:
                            (i) The number of years of teaching 
                        experience such teacher leader had at the time 
                        of program participation.
                            (ii) Whether such teacher leader is 
                        employed by a local educational agency served 
                        by such eligible entity.
                            (iii) If such teacher leader is not 
                        employed by a local educational agency served 
                        by such eligible entity, the reason for 
                        leaving.
                            (iv) The year in which such teacher leader 
                        was first employed as a teacher.
            (3) Publication.--The aggregated data submitted under 
        paragraph (1) and the results of the evaluation under paragraph 
        (2) shall be made publicly available on the website of the 
        Department of Education, except that such publicly available 
        data and results shall not reveal personally identifiable 
        information.
            (4) Reports to congress.--Not later than 3 years after the 
        Secretary makes awards to an eligible entity under this 
        section, the Secretary shall submit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate, the Committee on 
        Education and the Workforce of the House of Representatives, 
        the Committee on Indian Affairs of the Senate, the Committee on 
        Natural Resources of the House, the Secretary of the Interior, 
        and the Institute of Education Sciences a summary report of the 
        preliminary results and impact of the teacher leadership 
        program. The Secretary shall submit to such committees, the 
        Secretary of the Interior, and the Institute of Education 
        Sciences an annual report of the results and impact of the 
        teacher leadership program for each year of the grant 
        thereafter.
    (g) Bureau of Indian Education Teacher Leadership Programs.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of the Interior, shall--
                    (A) develop and implement a teacher leadership 
                program plan for Bureau schools (as defined in section 
                1141 of the Education Amendments of 1978 (25 U.S.C. 
                2021)); and
                    (B) award grants to Bureau-funded schools described 
                in subparagraphs (B) and (C) of section 1141(3) of the 
                Education Amendments of 1978 (25 U.S.C. 2021(3)).
            (2) Special rule.--The Secretary, in consultation with the 
        Secretary of the Interior and Indian Tribes, may waive any 
        requirement under this section or prescribe an alternative or 
        substantially similar requirement if the Secretary finds that 
        the waiver or alternative requirement is necessary for the 
        effective delivery and administration of activities under this 
        section.
    (h) Planning Proposal Grants.--
            (1) In general.--The Secretary may award planning grants to 
        eligible entities to enable those eligible entities to develop 
        a program proposal under subsection (c)(2).
            (2) Application.--Each eligible entity that desires a 
        planning grant under this subsection shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            (3) Duration.--A planning grant under this subsection shall 
        be for a period of not more than 1 year.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $400,000,000 for fiscal year 
2024 and each of the 4 succeeding fiscal years.
                                 &lt;all&gt;
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