[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4550 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4550
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Ms. Kuster (for herself, Ms. Mace, Ms. Sewell, Mr. Jackson of Illinois,
Ms. Crockett, Mr. Pocan, Mr. Gottheimer, Mr. Mullin, Ms. Moore of
Wisconsin, Ms. Porter, Mr. Thompson of Mississippi, Ms. Ross, Mr.
Garcia of Illinois, Ms. Norton, Mr. Carson, Mr. Cleaver, Mr. Moulton,
Ms. Clarke of New York, Ms. Pingree, Ms. Lee of California, Mr. Kilmer,
Mr. Trone, Ms. Stevens, Mr. Davis of North Carolina, Ms. Titus, Mr.
Kildee, and Ms. Chu) introduced the following bill; which was referred
to the Committee on Education and the Workforce
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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 paragraph (1)
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 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 subsection 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)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6673(f)(2)(A)).
(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
five 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.
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