II 117th CONGRESS 2d Session S. 3881 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Luján 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.

1. Short title This Act may be cited as the Teachers Leading, Educating, Advancing, and Designing Act of 2022 or the Teachers LEAD Act of 2022 . 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 a report by Teach Plus and the Education Trust, teachers of color, who, on average experience higher turnover rates, report that they have considered leaving the profession because they lack agency, autonomy in decision making, and opportunities for leadership. (7) Studies show that all students benefit from having racially 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. (8) Teachers of color are underrepresented in schools, with only 20 percent of the teacher workforce identifying as people of color versus over 50 percent of public school students. Teachers of color are also more likely to teach in schools that serve a high proportion of students of color, in schools that are underresourced, and in schools that have higher overall teacher turnover rates. (9) 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. (10) 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. (11) 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. (12) 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. (13) 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. (14) 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. 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, 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; or (iv) a Minority-Serving Institution, Tribal College or University, or Historically Black College or University. (4) High-need educational service agency or consortium of high-need educational service agencies The term high-need educational service agency or consortium of high-need educational service agencies means an educational service agency or consortium of educational service agencies in which each educational service agency has a census poverty rate of not less than 20 percent. (5) High-need local educational agency or consortium of high-need local educational agencies The term high-need local educational agency or consortium of high-need local educational agencies means a local educational agency or consortium of local educational agencies in which each local educational agency has a census poverty rate of not less than 20 percent. (6) 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) ). (7) Tribal college or university The term Tribal College or University has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (8) 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 ). (9) 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 complete required reporting 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 (i). (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. (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) the program proposal described in paragraph (2); and (B) the data reporting requirement agreement described in paragraph (3). (2) Program proposal The program proposal required under this subsection shall include the following: (A) Program plan A plan to establish a teacher leadership program that includes not less than 1 of the following: (i) A description of how the eligible entity will ensure that the program offers time and structures for shared decision making, distributed leadership, common planning, and collaboration between teacher leaders and school leaders. (ii) 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, and cognitive learning, 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; or (cc) creating and fostering safe and inclusive learning environments that enable authentic, culturally and linguistically responsive learning in identity-safe settings. (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. (B) Program requirements A description of how the eligible entity will meet each of the following program requirements: (i) Ensuring all teachers with at least 3 years of full-time teaching experience that maintain their roles as classroom instructors and are employed by the participating schools served by the eligible entity 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 shall include selection based on an eligible teacher’s demonstrated ability in carrying out 5 of the 8 criteria described in this clause and a commitment to growth in other criteria where an eligible teacher does not have a demonstrated ability. The criteria are: (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-, research-, and practice-based data. (III) Collecting and analyzing data of student academic and social-emotional 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-, research-, 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 academic achievement and social-emotional learning. (V) Analyzing socioeconomic, cultural, and historical contexts of students, their communities, and the eligible entity, including existing pedagogy, school policies, and school-based outreach to families and community organizations, to create learning environments that are more inclusive of and responsive to student and teacher needs, cultures, ethnicities, languages, gender and sexual orientations, and socioeconomic statuses. (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 academic achievement or social-emotional learning. (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 schools served by the eligible entity are eligible to participate in programming led by a teacher leader, when applicable. (iv) Providing monetary 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 monetary 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-, and practice-based rubrics. (vii) Consulting with other teachers when developing and implementing the program as described under this subparagraph. (C) Supplemental materials A description of the following: (i) How the eligible entity will develop and implement the use of evidence-, practice-, or research-based rubrics that teacher leaders will be using for the self-evaluations described in subparagraph (B)(vi). (ii) 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. (iii) How the eligible entity will continue the teacher leadership activities assisted under the grant after the grant period ends. (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 requirements of the Institute of Education Sciences relating to the reports required under this section. (d) Priority In awarding grants under this section, the Secretary shall give priority to— (1) eligible entities that are or that include— (A) a high-need educational service agency or consortium of high-need educational service agencies; (B) a high-need local educational agency or consortium of high-need local educational agencies; (C) local educational agencies that receive basic support payments under section 7003(b)(1) of the Elementary and Secondary Education Act ( 20 U.S.C. 7703(b)(1) ); (D) Indian Tribes, Tribal educational departments or agencies, or Tribal educational organizations with a successful track record in supporting teacher leadership programs or advancing teacher diversity; or (E) Native Hawaiian community-based organizations or Native Hawaiian educational organizations (as those terms are defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )) or Alaska Native organizations (as defined in section 6306 of such Act ( 20 U.S.C. 7546 )); (2) eligible entities that are or that include local educational agencies or educational service agencies with a teacher turnover rate that is above the national average; (3) eligible entities that are or that include local educational agencies or educational service agencies that demonstrate in their program proposal under subsection (b)(2) a plan to recruit, retain, and train teacher leaders who are individuals from underrepresented populations in the teaching profession; and (4) eligible entities described in subsection (a)(3)(C) that include a partner who has a successful track record in supporting teacher leadership programs and advancing teacher diversity, such as 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) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this section, including with respect to the evidence-, research-, and practice-based rubrics and standards described in subsection (c)(2)(B)(vi). (g) Reports and evaluation (1) Reports to the Secretary Not later than 1 year after receiving a grant under this section, and annually thereafter for the duration of the grant period, an eligible entity shall submit to the Secretary all information necessary for the evaluation described in paragraph (2). (2) Evaluation Using the information reported by eligible entities, 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. The evaluation shall include the following information, disaggregated by race, ethnicity, and gender: (A) With respect to all teachers employed by a local educational agency or educational service agency that is, or is part of, an eligible entity— (i) the 3-year retention rate, disaggregated by— (I) teachers who are in their first year of teaching; and (II) teachers who were hired by such eligible entity in the same school year as one another; (ii) the 5-year retention rate, disaggregated by— (I) teachers who are in their first year of teaching; and (II) teachers who were hired by such eligible entity in the same school year as one another; and (iii) the employment status of teachers who were hired by such eligible entity, 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 such eligible entity at the time of the report. (iii) If such teacher leader is not employed 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 date of the enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Indian Affairs of the Senate a summary report of the preliminary results and impact of the teacher leadership program. The Secretary shall submit to such committees an annual report of the results and impact of the teacher leadership program for each year of the grant thereafter. (h) 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. (i) 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. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section, $400,000,000, for fiscal year 2023, and each of the 4 succeeding fiscal years.