II 118th CONGRESS 2d Session S. 3681 IN THE SENATE OF THE UNITED STATES January 30, 2024 Mr. Markey (for himself, Mr. Wyden , Ms. Warren , Mr. Blumenthal , and Mr. Brown ) 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 carry out a grant program to support the recruitment and retention of paraprofessionals in public elementary schools, secondary schools, and preschool programs, and for other purposes.

1. Short title This Act may be cited as the Preparing And Retaining All (PARA) Educators Act . 2. Grants to support efforts to recruit and retain paraprofessionals in schools (a) In general The Secretary of Education shall carry out a program under which the Secretary makes allotments to State educational agencies to assist States, local educational agencies, and educational service agencies in recruiting and retaining paraprofessionals in public elementary schools, secondary schools, and preschool programs. (b) State-by-State allocation Of the amount appropriated to carry out this Act for each fiscal year, each State educational agency that has an application approved by the Secretary under subsection (e)(1) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received under such part for such fiscal year by all local educational agencies in every State that has a plan approved by the Secretary under such subsection. (c) Use of funds (1) State reservation A State educational agency that receives an allotment under subsection (b) may reserve not more than 5 percent of the allotment for administrative activities relating to the grant program under paragraph (2) and to carry out statewide activities to support the recruitment and retention of paraprofessionals in public elementary schools, secondary schools, and preschool programs in the State. (2) Subgrants to eligible entities From amounts received under subsection (b) and not reserved under paragraph (1), a State educational agency shall make subgrants to eligible entities, on a competitive basis, to support the recruitment and retention of paraprofessionals in public elementary schools, secondary schools, and preschool programs, which may include activities such as— (A) establishing paraprofessional leader induction and mentoring programs that are evidence-based (to the extent a State determines that such evidence is reasonably available) and designed to— (i) improve classroom instruction and student learning and achievement, including through improving school leadership programs; and (ii) increase the retention of paraprofessionals; (B) developing and implementing high-quality professional development programs to recruit and retain paraprofessionals in the elementary schools, secondary schools, and preschool programs served by eligible entities; (C) providing paraprofessionals with the skills, credentials, or certifications needed to educate all students, such as— (i) a special education certificate; (ii) an English learner certificate; (iii) an advanced paraeducator certification to support specialized instruction; and (iv) a certification in teaching; and (D) increasing wages for paraprofessionals or providing bonus pay incentives to retain and recruit paraprofessionals. (d) Priority (1) In general In making subgrants to eligible entities under subsection (c)(2), a State educational agency shall give priority to entities— (A) that serve greater numbers or percentages of children from low-income families; (B) in which all schools served by the entity are designated with a locale code of 41, 42, or 43, as determined by the Secretary of Education; or (C) in which all schools served by the entity— (i) are described in section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) ); and (ii) have an identified student percentage (as such term is defined in section 245.9(f)(1)(iii) of title 7, Code of Federal Regulations (or any successor regulations)) of not less than the threshold established by the Secretary of Education for purposes of such section. (2) Low-income family For purposes of paragraph (1)(A), the term low-income family means a family— (A) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (B) in which the children are— (i) enrolled in a school described in section 11(a)(1)(F) of the of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) ); and (ii) identified students (as defined in section 11(a)(1)(F)(i) of such Act); (C) receiving assistance under 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. ); or (D) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (e) Applications (1) State applications (A) In general To be eligible to receive a grant under subsection (a), a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Required Assurances A State educational agency submitting an application under subparagraph (A) shall include in such application an assurance that— (i) in making subgrants under subsection (c)(2), the State will give priority to eligible entities described in subsection (d); and (ii) the State educational agency will comply with the reporting requirements under subsection (f). (2) Eligible entity applications To be eligible to receive a subgrant from a State educational agency under subsection (c)(2), an eligible entity shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (f) Implementation and Evaluation On an annual basis, in each fiscal year for which a State educational agency receives a grant under this section, such agency shall prepare and submit to the Secretary of Education a report that includes— (1) updated average paraprofessional pay baselines for that fiscal year, disaggregated by the statewide average and the average within the schools served by each eligible entity in the State; (2) a description of how the State and eligible entities in the State increased the average wages for paraprofessional baselines in a manner consistent with the statewide annual goals for the corresponding fiscal year; (3) updated data on the number of paraprofessionals employed by eligible entities in the State— (A) who earn less than the average wage for paraprofessionals in the State; and (B) who earn less than the average wage for paraprofessionals employed by the eligible entity concerned; (4) identification of any eligible entity that used a subgrant under subsection (c)(2) to increase the number of paraprofessionals employed in the schools and preschools served by such entity; (5) a description of the actions the State educational agency will take in the next fiscal year to support eligible entities experiencing a shortage of paraprofessionals; and (6) a description of any professional development activities used by eligible entities to recruit and retain paraprofessionals. (g) Rules of Construction for Collective Bargaining (1) In general Subject to paragraph (2), nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school employees or employees of an eligible entity 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. (2) Compliance Paragraph (1) shall not be construed to exempt a State, eligible entity, or school from complying with this section or from negotiating in compliance with State labor laws to comply with this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2024 through 2028. (i) Definitions In this Act: (1) Eligible entity The term eligible entity means— (A) an educational service agency that serves a high-need school or a consortium of high-need schools; or (B) a local educational agency. (2) ESEA terms The terms educational service agency , elementary school , English learner , evidence-based , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) High-need school The term high-need school has the meaning given that term in section 2243(f)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6673(f)(2) ). (4) Paraprofessional The term paraprofessional has the meaning given that term in section 3201 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7011 ). (5) Preschool program The term preschool program means a program that— (A) provides for the care, development, and education of infants, toddlers, or young children age 5 and under; (B) meets any applicable State or local government licensing, certification, approval, and registration requirements; and (C) is operated by a public or private school that is supported, sponsored, supervised, or administered by an eligible entity.