Pay Teachers Act

To ensure that teachers are paid a livable and competitive salary throughout their career, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Pay Teachers Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Regulations; special rule. TITLE I—Investing in our Nation’s students Sec. 101. Mandatory appropriations for part A of title I of the ESEA. Sec. 102. Mandatory appropriations for rural education. Sec. 103. Mandatory appropriations for impact aid. Sec. 104. Mandatory appropriations for Bureau of Indian Education. TITLE II—Increasing teacher salaries Sec. 201. State teacher salary plan addendum. Sec. 202. Paying teachers a livable and competitive salary. Sec. 203. Technical assistance to support the equitable distribution of in-field, experienced, and effective teachers. Sec. 204. Improving resource equity at schools identified for improvement. Sec. 205. Strengthening per-pupil expenditure reporting. Sec. 206. Maintenance of equity. Sec. 207. State administration. Sec. 208. National Academies study to improve ESEA’s resource equity requirements. TITLE III—Investing in the teaching profession Sec. 301. Mandatory appropriations for the Teacher Quality Partnerships and Grow Your Own programs. Sec. 302. Mandatory appropriations for the Augustus F. Hawkins Centers of Excellence program. Sec. 303. Mandatory appropriations for personnel development to improve services and results for children with disabilities under part D of IDEA. Sec. 304. Mandatory appropriations for the Supporting Effective Educator Development program. Sec. 305. Mandatory appropriations for the Teacher and School Leader Incentive program to support continued teacher growth and contributions to student learning. 2. Purposes The purposes of this Act are to— (1) ensure public elementary and secondary school teachers earn a livable salary and are compensated with a career-based competitive salary that— (A) includes a starting annual base salary of not less than $60,000; and (B) increases regularly throughout a teacher’s career; (2) increase Federal investments in public schools, and call upon States and local governments to increase investments in public education in order to promote educational equity, including by ensuring that every public school student is taught by a qualified teacher; and (3) invest in a diverse teacher workforce, by strengthening the educator pipeline and supporting career development and advancement through expanded teacher leadership and professional advancement opportunities. 3. Findings Congress finds the following: (1) In the majority of States, public elementary and secondary school teachers do not earn a livable and competitive salary. According to the 2022 report by the Economic Policy Institute— (A) over the past nearly 3 decades, the average inflation-adjusted weekly wages of public school teachers grew just $29 from $1,319 to $1,348 while, conversely, inflation-adjusted weekly wages of other college graduates rose from $1,564 to $2,009 over the same period—a $445 increase. (B) non-teaching college graduates realized an inflation-adjusted weekly increase that was 15 times higher than public school teachers; and (C) in 28 states, teachers are paid less than 80 cents on the dollar earned by similar college-educated workers in those states. (2) Many teachers across the country are working multiple jobs and have to rely on public assistance programs just to make ends meet. According to the Southern Regional Education Board, in 36 States, the average teacher salary is low enough that mid-career teachers who are the head of household for a family of 4 qualify for government benefits. According to a University of California, Berkeley study, between 2014 and 2016, 21 percent of elementary and middle school teachers were part of families enrolled in at least one of the following public assistance programs: (A) The Earned Income Tax Credit under section 32 (B) The Medicaid program. (C) The Children’s Health Insurance program. (D) The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (E) The program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (3) One estimate shows that in school year 2020–2021, 17 percent of public school teachers worked multiple jobs during the school year, such as working in restaurants or driving for ride-share platforms. (4) A similar pattern of inflation-adjusted weekly wages can be seen for school paraprofessionals and other instructional staff. The lack of sufficient and competitive wages is even more pronounced in other school staff roles, with many school staff unable to earn a livable wage. The median pay in the 2019–2020 school year was $13 an hour for school food service workers, $16.36 an hour for bus drivers, $15.34 an hour for school building and cleaning workers, and $19.50 an hour for school administrative and support workers. (5) According to the National Education Association, the average starting teacher salary in the United States was $42,845 in the 2021–2022 school year. This is an increase of 2.5 percent over the previous school year. Only 1.8 percent of local educational agencies in the United States, who employ 5.9 percent of all teachers, pay a starting salary of $60,000 or more. Nationwide, 39.7 percent of local educational agencies pay their starting teachers less than $40,000, and those local educational agencies employ 17.9 percent of teachers nationwide. (6) According to a 2022 study from the Annenberg Institute at Brown University, the most recent national data shows that nearly 200,000 teaching positions were either vacant or held by underqualified teachers. This study, and others, consistently demonstrate that teacher shortages disproportionately impact schools serving the most students of color and from low-income backgrounds. (7) Nearly 70 years after Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), required the provision of public education to all people on equal terms, (8) Research, including a study by the Economic Policy Institute, has found that raising teacher salaries helps attract the best and brightest young people into teaching, encourages teachers to teach in underserved schools, improves teacher retention and morale, and bolsters student academic outcomes. According to the Learning Policy Institute, controlling for other factors, teachers employed by local educational agencies with the highest salary schedules are 31 percent less likely to leave than teachers employed by local educational agencies with lower pay scales. (9) According to the Consortium for Policy Research in Education at the University of Pennsylvania, teachers who enter the profession through comprehensive and high-quality pathways are 2 to 3 times more likely to remain in the profession than underprepared teachers who enter through less than comprehensive pathways. (10) Several studies have shown the many benefits of providing opportunities for teacher leadership, which include improving instructional practice, increasing academic and other positive outcomes for students, and increasing teacher retention. (11) Teachers in the United States are systemically underpaid compared to their similarly educated peers. As the Organisation for Economic Co-operation and Development wrote in 2019, Depending on the level of education taught, teachers’ salaries are between 62 percent and 68 percent of the average salaries of tertiary-educated workers. These relative earnings are among the lowest across all OECD countries and economies. (12) Raising teacher salaries to at least $60,000 a year and ensuring competitive pay throughout the lifetime of the teaching career is one of the most important steps the United States can take to address the teacher shortage crisis and ensure all students have access to qualified teachers and educational opportunity. Paying teachers as the professionals they are is critical in order to honor the work of educators, restore respect to the teaching profession, and create a high-quality public education system that serves the needs of students, families, and teachers. 4. Definitions In this Act: (1) Annual adjustment percentage The term annual adjustment percentage (2) Consumer price index The term Consumer Price Index 20 U.S.C. 1087rr(f) (3) Secretary The term Secretary 5. Regulations; special rule (a) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations related to the implementation of this Act and the amendments made by this Act, including the provisions of subsection (i) of section 6311 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (b) Special rule Notwithstanding any other provision of law, the Secretary may take such steps as the Secretary determines are reasonably necessary to implement the provisions of this Act and the amendments made by this Act. I Investing in our Nation’s students 101. Mandatory appropriations for part A of title I of the ESEA In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (1) for fiscal year 2024, $36,773,604,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 102. Mandatory appropriations for rural education In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out part B of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7341 et seq. (1) for fiscal year 2024, $430,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 103. Mandatory appropriations for impact aid In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to provide payments for eligible federally connected children under section 7003(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(b) (1) for fiscal year 2024, $1,460,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 104. Mandatory appropriations for Bureau of Indian Education (a) Definitions In this section: (1) Bureau The term Bureau (2) Bureau-funded school The term Bureau-funded school 25 U.S.C. 2021 (3) Minimum salary for teachers The term minimum salary for teachers 20 U.S.C. 6311(i)(1)(A) (b) Appropriations In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Bureau to be allocated by the Director of the Bureau for programs or activities operated or funded by the Bureau for Bureau-funded schools— (1) for fiscal year 2024, $1,130,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. (c) Livable and competitive salaries for BIE teachers Each entity carrying out a program or activity operated by the Bureau for Bureau-funded schools that receives funds under subsection (b) shall ensure, in accordance with a timeline established by the Director of the Bureau, that all full-time elementary and secondary teachers employed for such program or activity— (1) are compensated with an annual base salary, as such term is defined in section 1111(i)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(i)(1)(A) (2) are compensated with a livable and competitive salary, in accordance with the requirements of section 1111(i)(2)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(i)(2)(B) II Increasing teacher salaries 201. State teacher salary plan addendum Section 1111(g) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g) (5) State teacher salary plan addendum Not later than 1 year after the date on which the Secretary issues final rules related to the implementation of the Pay Teachers Act (A) A description of the State’s plan to provide a competitive salary regularly throughout the career of public elementary school and secondary school teachers, including an assurance that the State will— (i) under the timeline specified in subsection (i), comply with subparagraphs (A) and (B) of subsection (i)(2); or (ii) not later than 1 year after the date the Secretary issues final rules in accordance with section 5 of the Pay Teachers Act (B) A description of the State’s plan to increase the State’s per-pupil expenditures or the aggregate expenditures of the State with respect to the provision of free public education in the State, in a manner that— (i) supports local educational agencies in increasing salaries or wages for teachers, paraprofessionals, specialized instructional support personnel, classified school employees, principals, other school leaders, school librarians, school bus drivers, and other staff across their careers, including through providing increased resources to local educational agencies; and (ii) does not— (I) increase average class sizes or student to full-time equivalent teacher ratios at the State, local educational agency, or school level; (II) reduce planning time; or (III) require teachers to teach additional classes. (C) An identification, with respect to the average teacher salary baselines (as such term is defined in subsection (i)(4)(A)(i)) in the most recent fiscal year, of the statewide average and the average in each local educational agency in the State. (D) An identification of the number and percentage of teachers employed by local educational agencies in the State who earn a salary of less than $60,000 annually, disaggregated by each period of service specified in subsection (i)(4)(A)(i), across the State and in each such local educational agency. (E) A description of the State’s plan to comply with the equitable distribution of teachers requirement under paragraph (1)(B). (F) A description of the State’s plan to align State activities authorized under section 2102 to support the purposes under section 2 of the Pay Teachers Act. (G) If the State participated in an eligible partnership that received a grant under section 202 of the Higher Education Act of 1965, a description of the State’s plan to implement evidence-based practices and effective lessons learned from such grant to promote teacher quality and student academic achievement in carrying out this part. (6) Updated State Teacher Salary Plan Addendum The Secretary may request, at such time and in such manner as the Secretary may determine, an updated State Teacher Salary Plan Addendum. The State shall submit such updated plan upon request. . 202. Paying teachers a livable and competitive salary Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (1) by redesignating subsections (i), (j), (k), and (l), as subsections (j), (k), (l), and (m), respectively; (2) by inserting after subsection (h) the following: (i) Improving teacher salaries (1) Definitions (A) In general In this subsection: (i) Annual adjustment percentage The term annual adjustment percentage (ii) Annual base salary The term annual base salary (I) means the base salary, calculated as an annual rate of pay, of a full-time teacher; and (II) excludes— (aa) any additional compensation earned by the teacher for taking on additional responsibilities (such as coaching or teaching during the summer or after school); and (bb) bonuses, stipends, and awards. (iii) Consumer price index The term Consumer Price Index (iv) Minimum salary for teachers The term minimum salary for teachers (I) for teachers in their first year of teaching, shall be an annual rate of pay that is not less than the amount described in subparagraph (B); and (II) for teachers with more than one year of experience, shall be an annual rate of pay that— (aa) is greater than the amount described in subparagraph (B); and (bb) increases on an annual basis, as the experience of a teacher increases. (v) Teacher The term teacher (I) an employee of a local educational agency— (aa) with a primary duty of teaching and who is employed and engaged in teaching in a public elementary school or secondary school served by such agency; (bb) who fully meets all applicable public elementary school or secondary school teacher certification and licensure requirements of the State in which the school is located; and (cc) if the teacher is a special education teacher, who meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and (II) other full-time public elementary school or secondary school personnel employed by a local educational agency whose annual base salary is determined in accordance with such agency’s salary schedule or system for a full-time teacher. (B) Special rule (i) In general For each fiscal year, the amount described in subparagraph (A)(iv)(I) shall be determined under this subparagraph. (ii) Fiscal years 2024 through 2028 For each of fiscal years 2024 through 2028, the amount described in subparagraph (A)(iv)(I) is $60,000. (iii) Fiscal years 2029 and after (I) In general For the fiscal year period 2029 through 2033 and for each subsequent 5 fiscal year period, the amount described in subparagraph (A)(iv)(I) shall be adjusted for inflation as described in subclause (II). (II) Determination The amount shall be equal to the amount applicable for the previous 5 fiscal year period, increased by the greater of— (aa) the aggregate annual adjustment percentage over the previous 5 fiscal years; or (bb) 2 percent of the amount applicable under this subparagraph for the previous 5 fiscal year period. (2) Improving teacher salaries (A) Minimum salary for teachers (i) In general Subject to paragraphs (3) and (4), a State that receives assistance under this part shall ensure that the annual base salary of a full-time teacher employed by a local educational agency in the State is not less than the minimum salary for teachers determined by such State. (ii) Compliance To comply with clause (i), a State shall adopt one or more of the following laws or policies, under which no full-time teacher shall receive an annual base salary that is less than the minimum salary for teachers: (I) A statewide minimum annual base salary schedule for teachers that increases as the experience of a teacher increases. (II) A statewide minimum annual base salary for teachers who are in their first year of teaching. (III) A State law to increase salaries for teachers. (B) Livable and competitive salaries for teachers Subject to paragraphs (3) and (4), a State that receives assistance under this part shall demonstrate that all teachers employed by local educational agencies in the State are compensated with a livable and competitive salary for teachers, which shall be an amount that— (i) is at least the minimum salary for teachers; (ii) increases throughout each teacher's career; and (iii) is at least commensurate with annual salaries for college-educated and experienced professionals in the region in which such agencies are located, as determined in accordance with procedures and requirements established by the Secretary. (C) Disparities in per-pupil expenditures Not less frequently than every 5 years, a State that receives assistance under this part shall examine and address fiscal inequities among schools and local educational agencies in the State, including by working with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies that serve schools in the quartile described in clause (i), and the public, to— (i) identify the quartile of schools serving the greatest number and percentage of students from low-income backgrounds; (ii) identify the average per-pupil expenditure of the quartile of local educational agencies with the greatest per-pupil expenditures in the State; and (iii) implement State and local actions to increase per-pupil expenditures at schools described in clause (i) to an amount that is not less than the average per-pupil expenditure described in clause (ii). (3) Timing (A) In general Except as provided in subparagraph (B), the Secretary shall ensure that, not later than 4 years after the date of implementation of the final regulations issued in accordance with section 5 of the Pay Teachers Act (B) Exception A State, if eligible, may request and be approved by the Secretary to participate in the Teacher Salary Improvement pathway described in paragraph (4) that provides an extended timeline to comply with the teacher salary requirements described in subparagraphs (A) and (B) of paragraph (2). (4) Teacher Salary Improvement pathway (A) Definitions In this paragraph: (i) Average teacher salary baselines The term average teacher salary baselines (I) 0 years, or starting teacher salaries. (II) 3 years. (III) 5 years. (IV) 10 years. (V) 15 years. (VI) 20 years. (VII) 25 years. (ii) Eligible improvement State The term eligible improvement State (I) that had an annual starting statewide teacher salary average that was less than $45,000 in fiscal year 2023; (II) in which 50 percent or more of the teachers employed by local educational agencies in the State did not receive an annual base salary of $60,000 or more in fiscal year 2023; and (III) that demonstrates to the Secretary substantial need for the extended timeline to comply with the teacher salary requirements described in subparagraphs (A) and (B) of paragraph (2), and with respect to which the Secretary determines that providing such State with an extended timeline would be equitable due to— (aa) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (bb) a precipitous decline in the financial resources of the State. (B) In general A State educational agency, on behalf of an eligible improvement State, that desires to participate in the Teacher Salary Improvement pathway and needs an extended timeline to comply with the teacher salary requirements described in subparagraphs (A) and (B) of paragraph (2) shall submit a request to the Secretary to participate in the Teacher Salary Improvement pathway, which shall include a plan to increase teacher salaries that, at a minimum, includes each of the following: (i) An identification, with respect to the average teacher salary baselines, of the statewide average and the average in each local educational agency in the State, and an assurance that the State will— (I) make such information publicly available on the State educational agency’s website; and (II) update that information on an annual basis. (ii) A timeline, consistent with the goals required under clause (iii), to ensure that, not later than 6 years after the receipt of approval to participate in the Teacher Salary Improvement pathway under this paragraph— (I) all teachers employed by local educational agencies operating in the State are paid not less than the minimum salary for teachers; and (II) all teachers employed by local educational agencies operating in the State are compensated with a livable and competitive salary, in accordance with the requirements of paragraph (2)(B). (iii) For each fiscal year in the timeline specified in clause (ii), statewide annual goals for increasing average teacher salary baselines in a manner that— (I) annually proposes a percentage increase in the average teacher salary baselines, disaggregated by each period of service described in subparagraph (A)(i); (II) provides for the first increase to occur not later than 2 fiscal years after the receipt of approval to participate in the Teacher Salary Improvement pathway; and (III) makes significant progress toward ensuring that teachers are paid an annual base salary in accordance with the requirements specified in subclauses (I) and (II) of clause (ii) by the end of the timeline described in such clause. (iv) A description of the State’s plan to require all local educational agencies in the State, for any fiscal year in which an agency does not pay their teachers the minimum salary for teachers, to— (I) at a minimum, increase the salaries of the teachers employed by such agency in accordance with the statewide annual goals established in clause (iii) for that fiscal year; and (II) ensure those increases in salaries required under subclause (I) are aligned with the livable and competitive salary requirements described in paragraph (2)(B). (v) An identification of the number of teachers employed by local educational agencies in the State who earn less than the minimum salary for teachers, disaggregated by each period of service described in subparagraph (A)(i), across the State and employed by each local educational agency. (vi) A description of the State's plan to support local educational agencies in increasing salaries or wages for teachers, paraprofessionals, specialized instructional support personnel, classified school employees, principals, other school leaders, school librarians, school bus drivers, and other staff across their careers, including through providing increased resources to local educational agencies. (vii) A description of how the State will meet the requirements described in subparagraphs (A) and (B) of paragraph (2) without— (I) increasing the average class sizes or student to full-time equivalent teacher ratios; (II) reducing planning time; (III) or requiring teachers to teach additional classes at the State, local educational agency, or school level. (viii) A description of how the State will meet the equitable distribution requirement under subsection (g)(1)(B) during the period of the State's participation in the Teacher Salary Pay Improvement pathway and after the State exits the pathway. (C) Public comment A State educational agency that submits an extension request to participate in the Teacher Salary Improvement pathway under this paragraph shall— (i) provide the public and any interested local educational agency in the State with notice and a reasonable and easily accessible opportunity to comment and provide input on the request; (ii) submit a summary of the comments to the Secretary, with a description of how the State addressed the comments, and make such summary with description publicly available on the website of the State educational agency; and (iii) provide notice and a reasonable time to comment to the public and local educational agencies. (D) Duration and repeat requests to participate in the teacher salary improvement pathway (i) In general A request approved by the Secretary under this paragraph may be for a period of not more than 6 years. (ii) Revising goals If a State demonstrates to the Secretary that such State is making substantial progress in meeting its statewide annual goals described in subparagraph (B)(iii) and demonstrates the need for additional flexibility to revise such goals to continue to make substantial progress in reaching the requirements described in subclauses (I) and (II) of subparagraph (B)(ii), such State may, not earlier than 3 years after such State’s request to participate in the Teacher Salary Improvement pathway was approved by the Secretary, revise their statewide annual goals described in subparagraph (B)(iii) if the Secretary determines such revisions will help the State continue to make significant progress in meeting such requirements. (iii) Subsequent requests to participate in the teacher salary improvement pathway A State educational agency that wishes to receive an additional approval to participate in the Teacher Salary Improvement pathway under this paragraph shall submit a new request, in accordance with the requirements of subparagraphs (B) and (C), if the State demonstrates that the initial request has been effective in enabling the State to increase teacher salaries in a manner that made significant progress in reaching the requirements described in subclauses (I) and (II) of subparagraph (B)(ii). (E) Determinations and Revision (i) Determinations The Secretary shall issue a written determination regarding the initial approval or disapproval of a request to participate in the Teacher Salary Improvement pathway not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— (I) the request does not meet the requirements of this paragraph; or (II) the State’s plan to increase teacher salaries under subparagraph (B) is not designed to make significant progress within a reasonable timeline to ensure that— (aa) all teachers employed by local educational agencies in the State are paid not less than the minimum salary for teachers; and (bb) all teachers employed by local educational agencies in the State are compensated with a livable and competitive salary, in accordance with the requirements in paragraph (2)(B). (ii) Revision and disapproval The Secretary shall act on requests to participate in the Teacher Salary Improvement pathway under this paragraph in a manner that is similar to the actions of the Secretary for waiver revision and disapproval under subparagraphs (B) and (C) of section 8401(b)(4). (F) Reports For each fiscal year for which a State educational agency participates in the Teacher Salary Improvement pathway under this paragraph, such agency shall prepare and submit an annual report to the Secretary, which shall include— (i) updated average teacher salary baselines for that fiscal year, disaggregated by the statewide average and the average in each local educational agency in the State; (ii) a description of how the State and local educational agencies in the State increased the average teacher salary baselines in a manner consistent with the statewide annual goals for the corresponding fiscal year, as described in subparagraph (B)(iii); (iii) a description that includes— (I) updated data on the number of teachers employed by local educational agencies in the State who earn less than the minimum salary for teachers, disaggregated by each period of service described in subparagraph (A)(i), across the State and employed by each local educational agency; (II) the identification of local educational agencies that have increased the number of teachers who earn less than the minimum salary for teachers; and (III) the actions the State educational agency will take in the next fiscal year to support local educational agencies described in subclause (II) in decreasing the number of teachers employed by such agencies who earn less than the minimum salary for teachers; (iv) a description of actions taken by the State to increase the State’s per-pupil expenditures or the aggregate expenditures of the State with respect to the provision of free public education in the State, in a manner that— (I) supports local educational agencies in increasing salaries or wages for teachers, paraprofessionals, specialized instructional support personnel, classified school employees, principals, other school leaders, school librarians, school bus drivers, and other staff across their careers, including through providing increased resources to local educational agencies; and (II) does not— (aa) increase average class sizes or student to full-time equivalent teacher ratios at the State, local educational agency, or school level; (bb) reduce planning time; or (cc) require teachers to teach additional classes; and (v) a description of how the State improved the equitable distribution of teachers in such fiscal year, as required under subsection (g)(1)(B). (5) Rules (A) Rule of construction for collective bargaining (i) In General Subject to clause (ii), nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. (ii) Compliance Clause (i) shall not be construed to exempt a State, local educational agency, or school from complying with this subsection or from negotiating in compliance with State labor laws to comply with this subsection. (B) Rule of construction for additional pay or other salary augmenting systems Nothing in this subsection shall be construed to prevent States or local educational agencies from supplementing the annual base salary of teachers or other staff employed by such agencies— (i) for additional skills, knowledge, duties, and responsibilities; (ii) by salary systems that increase teachers’ compensation through supplemental pay that is not part of an annual base salary; or (iii) through the provision of bonuses, stipends, or awards. (C) No waiver authority Section 8401 shall not apply to this subsection. ; and (3) in subsection (h)(5)— (A) in subparagraph (C), by striking and (B) by redesignating subparagraph (D) as subparagraph (G); and (C) by inserting after subparagraph (C) the following: (D) data that demonstrates the State met the requirements specified in subparagraphs (A) and (B) of subsection (i)(2), or an assurance that the State submitted the annual report described in subsection (i)(4)(F); (E) a description of the evidenced-based strategies the State implemented to— (i) reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure, overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners; and (ii) meet the equitable distribution of teachers requirements specified in subsection (g)(1)(B); . 203. Technical assistance to support the equitable distribution of in-field, experienced, and effective teachers (a) State plans Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (1) in subsection (g)— (A) in paragraph (1)(B)— (i) by striking low-income and minority children students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (ii) by striking enrolled in schools assisted under this part enrolled in schools served by local educational agencies operating in the State (B) in paragraph (2)(J), by striking , including any requirements for certification obtained through alternative routes to certification and the State educational agency will implement evidenced-based strategies to reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (2) in subsection (h)— (A) in paragraph (1)(C)(ix)— (i) in subclause (I), by inserting (meaning with less than 2 years of service) inexperienced (ii) in subclause (II), by striking and (iii) in subclause (III), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (IV) teachers providing language instruction to English learners who meet the criteria described in subclauses (I) through (III), disaggregated by such criteria. ; and (B) in paragraph (5)(G), as redesignated by section 202(3)(B)— (i) in clause (i), by inserting (meaning teachers with less than 2 years of service) Inexperienced teachers (ii) by inserting after clause (iii) the following: (iv) Teachers providing language instruction to English learners who meet the criteria described in clauses (i) through (iii), disaggregated by such criteria. . (b) Local educational agency plans Section 1112 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312 (1) in subsection (b)(2), by striking low-income students and minority students students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (2) in subsection (c)(6), by striking , including any requirements for certification obtained through alternative routes to certification and that the local educational agency will implement evidenced-based and research-based strategies to reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (3) in subsection (e)(1)(A)(i)(I), by inserting the full has met (c) Technical assistance To support the equitable distribution of teachers (1) In general Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. 8549D. Technical assistance to support the equitable distribution of teachers (a) In general To ensure that students who are racial and ethnic minorities, students from low-income backgrounds, students who are children with disabilities, and English learners are not served at disproportionate rates by out-of-field, inexperienced, and ineffective teachers, including ensuring that teachers have the adequate supports they need to be effective, the Secretary shall— (1) provide technical assistance to— (A) increase support to States and local educational agencies for such purposes; and (B) monitor the progress of States and local educational agencies in meeting equitable distribution of teachers requirements specified in subsection (g)(1)(B) of section 1111 and monitoring reporting required under subsection (h)(1)(C)(ix) of such section; and (2) award grants under this section to support State educational agencies and local educational agencies in improving their data systems to effectively collect and analyze information related to educator quality. (b) Report to Congress Not later than 2 years after the date of enactment of the Pay Teachers Act, and each subsequent second fiscal year, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report regarding— (1) State and local educational agency efforts and progress toward meeting the equitable distribution requirements under subsection (g)(1)(B) of section 1111 and ensuring compliance with reporting required under subsection (h)(1)(C)(ix) of such section; and (2) actions taken by the Secretary to monitor compliance in accordance with subsection (a)(2). (c) Mandatory appropriations In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to provide technical assistance described in subsection (a) and carry out reporting requirements in subsection (b)— (1) for fiscal year 2024, $3,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (d) Definitions In this section: (1) Annual adjustment percentage The term annual adjustment percentage (2) Consumer Price Index The term Consumer Price Index . (2) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following new item: Sec. 8549D. Technical assistance to support the equitable distribution of teachers. . 204. Improving resource equity at schools identified for improvement (a) Purpose It is the purpose of the amendments made under subsection (b) to help ensure that sufficient funds are available to meet the requirements of this Act, including the amendments made by this Act. (b) Amendment Section 1111(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(d) (1) in paragraph (1)(B)(iv), by striking resource inequities, which may and proposes a plan to mitigate resource inequities and to increase educational opportunities, including the equitable access to qualified teachers as described in paragraphs (1)(B) and (2)(J) of subsection (g), and section 1112(b)(2), for students enrolled in such school, which shall (2) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (iv), by striking and (ii) in clause (v), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (vi) identifies and proposes a plan to mitigate resource inequities and to increase educational opportunities, including the equitable access to qualified teachers as described in paragraphs (1)(B) and (2)(J) of subsection (g), and section 1112(b)(2), for students enrolled in such school, which shall include a review of local educational agency and school-level budgeting, to be addressed through implementation of such targeted support and improvement plan. ; and (B) in subparagraph (C), by striking may shall (3) in paragraph (3)(A)(ii), by inserting , including the equitable access to qualified teachers as described in paragraphs (1)(B) and (2)(J) of subsection (g) and section 1112(b)(2), periodically review resource allocation 205. Strengthening per-pupil expenditure reporting (a) Purpose It is the purpose of the amendments made under this section to help ensure sufficient funds are available to meet the requirements of this Act, including the amendments made by this Act. (b) State reports Section 1111(h)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(5) (F) the per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year, in accordance with paragraph (1)(C)(x); and . (c) Local educational agency plans Section 1112(e)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(e)(1) (C) Additional resource equity information Schools served by a local educational agency that receives assistance under this part shall provide to each individual parent of a child who is a student in such school information on resource equity, including— (i) the per-pupil expenditures of Federal, State, and local funds, in both the school in which such parent’s child is enrolled and in the local educational agency that serves such school, in accordance with section 1111(h)(1)(C)(x); and (ii) whether the school-level per-pupil expenditures of the school in which such parent’s child is enrolled and the local educational agency that serves such school are below the average of the local educational agency and State, respectively. . 206. Maintenance of equity (a) Maintenance of equity Section 1118 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321 (e) State maintenance of equity (1) Fiscal years with reductions to State aid A State that reduced, for the preceding fiscal year, on a per-pupil basis, State funds for a fiscal year shall satisfactorily demonstrate to the Secretary that the State did not reduce State funding (as calculated on a per-pupil basis) for— (A) any high-need local educational agency in the State by an amount that exceeds the overall per-pupil reduction in State funds, if any, for all local educational agencies in such State for such fiscal year; or (B) any highest poverty local educational agency below the level of funding (as calculated on a per-pupil basis) provided to that local educational agency for such previous fiscal year. (2) Fiscal years without reductions to State aid A State educational agency receiving funds under this part for a fiscal year for which the State did not reduce per-pupil spending from State funds shall satisfactorily demonstrate to the Secretary that, for the preceding fiscal year, the State did not reduce State funding (as calculated on a per-pupil basis) for any highest poverty local educational agency or any high-need local educational agency by any amount. (3) De minimis reduction For purposes of paragraphs (1) and (2), the Secretary may disregard a de minimis reduction in State funding to a local educational agency as the Secretary finds appropriate, including for those local educational agencies— (A) with small enrollments that exhibit annual variation in per-pupil funding based primarily on their size; or (B) that exhibit variation in per-pupil funding based on a State funding formula that accounts for the special cost differentials for certain student populations. (4) Definitions In this subsection: (A) Highest poverty local educational agency The term highest poverty local educational agency (i) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary determines are satisfactory); and (ii) collectively serve not less than 20 percent of the State’s total enrollment of students served by all local educational agencies in the State. (B) High-need local educational agency The term high-need local educational agency (i) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary of Education determines are satisfactory); and (ii) collectively serve not less than 50 percent of the State’s total enrollment of students served by all local educational agencies in the State. (C) Overall per-pupil reduction in state funds The term overall per-pupil reduction in State funds (i) the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State for that fiscal year compared to the total amount of State funds provided to all local educational agencies in the State for the preceding fiscal year; divided by (ii) the aggregate number of children enrolled in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made. (D) State The term State . (b) No waiver Section 8401(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861(c) or maintenance of equity, including section 1118(e) (c) Effective date The amendments made by subsections (a) and (b) shall take effect on October 1, 2023. 207. State administration Section 1004 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6304 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (b) subsections (b) and (c) (B) in paragraph (2), by striking $400,000 $1,200,000 (2) by adding at the end the following: (c) Reservation for State fiscal and resource adequacy and equity In addition to any amounts reserved under subsection (a), each State receiving assistance under part A shall reserve not more than 0.5 percent of funds received under such part to carry out 1 or more of the following activities: (1) Monitor implementation of section 1111(i). (2) Support State public school funding and resource adequacy and equity commissions, or comprehensive reviews of State public school finance systems, that— (A) are carried out with significant and meaningful family and community engagement, including with— (i) organizations representing the interests of students from low-income backgrounds, students who are racial and ethnic minorities, English learners, children with disabilities, students experiencing homelessness, children and youth in the foster care system, and other vulnerable and underserved children; (ii) teachers, classified school employees, principals, and other school leaders; (iii) local educational agencies; (iv) parents and families; (v) civil rights organizations in the State; and (vi) school finance experts, which may include researchers from institutions of higher education; (B) identify State and local funding and educational opportunity gaps in fiscal and resource adequacy and equity— (i) among all local educational agencies in the State; and (ii) for each local educational agency in the State, across all schools served by such agency; and (C) develop action plans to address existing gaps in fiscal and resource adequacy and equity identified under subparagraph (B), with involvement from the stakeholders described in clauses (i) through (vi) of subparagraph (A). (3) Support the provision of technical assistance, which may be provided by school finance experts, regarding the public school finance systems, including developing and implementing more adequate and equitable approaches to State education funding and resource allocation. (4) Support and expand public transparency about public school finance systems. . 208. National Academies study to improve ESEA’s resource equity requirements (a) In general Not later than 240 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to— (1) conduct a study of how to improve Federal requirements designed to ensure that public schools and local educational agencies that serve a high number or percentage of underserved groups of students, including students from low-income backgrounds, students of color, English learners, children with disabilities, students experiencing homelessness, and children and youth in the foster care system, receive an adequate and equitable share of State and local funds; and (2) make the report described in subsection (c) publicly available. (b) Elements The study described in subsection (a) shall— (1) examine disparities in per-pupil expenditures (from State and local funding) and in full-time equivalent staff between public schools receiving support under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (2) identify options for improving the fiscal requirements for purposes of comparability as described in section 1118(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321(c) (3) identify options for improving the supplement, not supplant requirements under section 1118(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321(b) (4) include recommendations for effective or evidence-based Federal and State policies designed to ensure that public schools and local educational agencies that serve a high number or percentage of underserved groups of students receive an equitable share of funds, including recommendations relating to the equitable and adequate distribution of funds at the State and local levels. (c) Report Not later than 3 years after the date of the agreement entered into under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a report of the study required under such subsection. (d) Mandatory appropriations In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $1,500,000 to the Secretary to carry out this section for fiscal year 2024. III Investing in the teaching profession 301. Mandatory appropriations for the Teacher Quality Partnerships and Grow Your Own programs (a) Teacher quality partnerships program appropriated In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. (1) for fiscal year 2024, $550,000,000; (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (b) Priority In carrying out part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. 20 U.S.C. 1022(a) (c) Grow your own programs authorized Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a (1) in subsection (b)(6)— (A) in subparagraph (B), by striking subsection (d) or (e) subsection (d), (e), or (f) (B) in subparagraph (C), by striking subsection (f) or (g) subsection (g) or (h) (2) in subsection (c)— (A) in paragraph (1), by striking , or a combination of such programs or a Grow Your Own program under subsection (f), or a combination of the programs described in this paragraph (B) in paragraph (2), by striking subsection (f) subsection (g) (3) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively; (4) by inserting after subsection (e) the following: (f) Partnership grants for the establishment of Grow Your Own programs (1) In general An eligible partnership that receives a grant to carry out a Grow Your Own program shall carry out an effective Grow Your Own program to address shortages of teachers in high-need subjects, fields, schools, and geographic areas, or shortages of school leaders in high-need schools, and to increase the diversity of qualified individuals entering the teacher, principal, or other school leader workforce. (2) Requirements of a Grow Your Own program In addition to carrying out each of the activities described in paragraphs (1) through (6) of subsection (d), an eligible partnership carrying out a Grow Your Own program under this subsection shall— (A) provide opportunities for candidates to practice and develop teaching or school leadership skills that integrate knowledge from education coursework through, at a minimum, a year-long, school-based, paid clinical experience in which candidates teach or lead alongside an expert mentor teacher or school leader, who is the teacher or school leader of record, in the same local educational agency in which the candidates expect to work; (B) provide academic and nonacademic wrap-around supports and services, including advising, tutoring, test preparation, and financial assistance (which may include scholarships or stipends), to candidates as they— (i) complete an associate degree program (if such program is in furtherance of a baccalaureate degree), baccalaureate degree program, or master’s degree program, as applicable; (ii) enter and complete teacher or school leadership preparation programs; (iii) access and complete State licensure or certification examinations; and (iv) engage in school-based clinical placements described in subparagraph (A); (C) include efforts to recruit individuals with experience in high-need subjects or fields who are not certified to teach or lead, with a specific focus on recruiting individuals— (i) who are other staff employed by local educational agencies, including paraprofessionals; (ii) who are enrolled in dual or concurrent enrollment programs or early college high school programs and studying to become teachers; (iii) from groups or populations that are underrepresented; and (iv) who live in and come from the communities the schools serve; and (D) require candidates to complete all State requirements to become fully certified or licensed. ; and (5) in subsection (h), as redesignated by paragraph (3), by striking the activities described in subsection (d) or (e), or both activities described in subsection (d), (e), or (f) 302. Mandatory appropriations for the Augustus F. Hawkins Centers of Excellence program In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the Augustus F. Hawkins Centers of Excellence program authorized under section 242 of the Higher Education Act of 1965 ( 20 U.S.C. 1033a (1) for fiscal year 2024, $150,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 303. Mandatory appropriations for personnel development to improve services and results for children with disabilities under part D of IDEA In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the program authorized under section 662 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1462 (1) for fiscal year 2024, $300,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 304. Mandatory appropriations for the Supporting Effective Educator Development program (a) Appropriation In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the Supporting Effective Educator Development program authorized under section 2242 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 (1) for fiscal year 2024, $100,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (b) Priority In awarding grants under the Supporting Effective Educator Development program authorized under section 2242 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 (1) are partnerships that include— (A) (i) 1 or more institutions of higher education described in section 2242(f)(1) of such Act; or (ii) 1 or more national nonprofit entities described in section 2242(f)(2) of such Act; and (B) (i) 1 or more State educational agencies; or (ii) 1 or more local educational agencies; and (2) in the application submitted under section 2242(c) of such Act, describe how such funds will be used to develop teacher leadership and professional expertise by providing teachers, principals, or other school leaders with opportunities to— (A) earn additional in-demand certifications and credentials, including National Board certification and certifications or credentials in high-need subjects and fields, such as special education, bilingual education, science, technology, engineering, mathematics, and career and technical education; (B) serve as mentors; (C) participate in distributed leadership or school-based clinical models; or (D) learn and teach other teachers how to conduct student inquiries, including through action research and the effective use of student data to strengthen teaching and learning. (c) Conforming amendment Section 2242(f)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672(f)(4) entity entity, a State educational agency, a local educational agency, or a consortium of State educational agencies or local educational agencies 305. Mandatory appropriations for the Teacher and School Leader Incentive program to support continued teacher growth and contributions to student learning (a) Appropriation In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the Teacher and School Leader Incentive program authorized under subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. (1) for fiscal year 2024, $200,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (b) Special requirement For purposes of any grants awarded under subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. performance-based compensation system 20 U.S.C. 6631(b)(4)(B)(ii)

Summary: Pay Teachers Act This bill provides funding to support education programs and addresses teacher shortages, including by establishing a minimum salary for public elementary and secondary school teachers. Specifically, the bill requires states to establish a minimum annual salary of at least $60,000 for full-time teachers that increases with experience. It establishes a pathway for eligible states to extend their time line to comply with these requirements. The bill provides specified funds to the Department of Education (ED) for FY2024 and each succeeding year (indexed for inflation) for federal aid to local educational agencies for the education of disadvantaged children, programs to support rural education, the Impact Aid program, technical assistance to support the equitable distribution of teachers, the Teacher Quality Partnership grant program (and further directs ED to prioritize these grants for programs to address teacher shortages), the Augustus F. Hawkins Centers of Excellence program, personnel development to improve services and results for children with disabilities, the Supporting Effective Educator Development program, and the Teacher and School Leader Incentive program. Additionally, the bill provides specified funds to the Bureau of Indian Education (BIE) for FY2024 and each succeeding year (indexed for inflation) for programs and activities operated or funded by the BIE for BIE-funded schools. Entities receiving these funds must ensure that teachers are compensated with at least the minimum annual salary established by the BIE. The bill provides specified funds to ED for FY2024 to contract with the National Academies of Sciences, Engineering, and Medicine to study resource equity requirements.