[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2451 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2451
To ensure that paraprofessionals and education support staff are paid a
living wage.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2025
Mr. Markey (for himself, Mr. Padilla, Ms. Hirono, Mr. Sanders, Mrs.
Gillibrand, Mr. Welch, and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that paraprofessionals and education support staff are paid a
living wage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Paraprofessionals and Support
Staff Act''.
SEC. 2. PAY PARAPROFESSIONALS AND EDUCATION SUPPORT STAFF ACT.
(a) Definitions.--In this section:
(1) ESEA.--The terms ``English learner'', ``local
educational agency'', ``paraprofessional'', ``professional
development'', ``Secretary'', and ``State'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Annual adjustment percentage.--The term ``annual
adjustment percentage'' means, with respect to a fiscal year, a
percentage equal to the estimated percentage change in the
Consumer Price Index, as determined by the Secretary, for the
most recent calendar year ending prior to the beginning of such
fiscal year.
(3) Minimum salary for paraprofessional and education
support staff.--
(A) In general.--The term ``minimum salary for
paraprofessional and education support staff'' means an
amount, determined by the State, that all full-time
equivalent employees employed by a local educational
agency are required by the State to be compensated by
such agency as their annual base salary, and which--
(i) is greater than the amount described in
subparagraph (B); and
(ii) increases as the experience of such
school staff increases.
(B) Indexing salary growth to inflation.--
(i) Fiscal years 2026 through 2030.--For
each of fiscal years 2026 through 2030, the
amount described in this subparagraph is
$45,000.
(ii) Fiscal years 2031 and after.--For each
fiscal year in the fiscal year period 2031
through 2035 and in each subsequent 5 fiscal
year period, the amount described this
subparagraph shall be equal to the amount
applicable for each fiscal year in the previous
5 fiscal year period, increased by the greater
of--
(I) the aggregate annual adjustment
percentage over the previous 5 fiscal
years; or
(II) 2 percent of the amount
applicable under this subsection for
the previous 5 fiscal year period.
(4) Minimum wage for paraprofessional and education support
staff.--
(A) In general.--The term ``minimum wage for
paraprofessional and education support staff'' means an
amount, determined by the State, that all part-time
equivalent staff employed by a local educational agency
are required by the State to be paid by such agency,
and which--
(i) is greater than the amount described in
subparagraph (B); and
(ii) increases as the experience of such
school staff increases.
(B) Indexing salary growth to inflation.--
(i) Fiscal years 2026 through 2030.--For
each of fiscal years 2026 through 2030, the
amount described in this subparagraph is $30.00
an hour.
(ii) Fiscal years 2031 and after.--For each
fiscal year in the fiscal year period 2031
through 2035 and in each subsequent 5 fiscal
year period, the amount described this
subparagraph shall be equal to the amount
applicable for each fiscal year in the previous
5 fiscal year period, increased by the greater
of--
(I) the aggregate annual adjustment
percentage over the previous 5 fiscal
years; or
(II) 2 percent of the amount
applicable under this subsection for
the previous 5 fiscal year period.
(b) Purpose.--The purpose of this section is to ensure that
paraprofessionals and education support staff, who are the backbone of
our Nation's public education system, are--
(1) paid a living wage, which means--
(A) a minimum salary for paraprofessional and
education support staff; or
(B) a minimum wage for paraprofessional and
education support staff;
(2) compensated in a manner that recognizes some regions
may have higher costs of living and therefore necessitate
higher minimum salaries or wages;
(3) recognized as public servants who provide essential
services that keep our Nation's public schools running and our
students thriving; and
(4) provided safe working conditions and treated with the
respect and dignity they deserve.
(c) Authorization and Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated and there
are appropriated out of any money in the Treasury not otherwise
appropriated, to the Department of Education, to carry this section--
(1) for fiscal year 2026, $25,000,000,000; and
(2) for each succeeding fiscal year, the amount
appropriated under this section for the preceding fiscal year,
increased by the annual adjustment percentage.
(d) Authorization of Grants.--
(1) Reservations.--From the total amount appropriated under
subsection (c) for a fiscal year, the Secretary shall reserve
not more than--
(A) 1 percent to provide grants, contracts, or
cooperative agreements to regional educational
laboratories (established under section 174 of the
Education Sciences Reform Act of 2002 (20 U.S.C. 9564))
or qualified nonprofit organizations to assist States
that receive grants under this section carry out
applied research or evaluations in providing
paraprofessionals and education support staff with
opportunities for personnel preparation, professional
development, credentials, or certifications, such as to
assist in the provision of special education and
related services or to serve English learners; and
(B) 1 percent for technical assistance and program
administration of this section.
(2) Grants.--The Secretary shall award grants to States
from allotments under paragraph (3) to ensure that all local
educational agencies have the resources necessary to pay
paraprofessionals and education support staff a living wage,
which means--
(A) the minimum salary for paraprofessional and
education support staff; or
(B) a minimum wage for paraprofessional and
education support staff.
(3) Allotments.--From the amounts appropriated under
subsection (b) that are remaining after making the reservations
described in paragraph (1) for a fiscal year, the Secretary
shall allot to each State that has submitted an approved
application under subsection (d), an amount that bears the same
relationship to the remainder as the amount the State received
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) for the
preceding fiscal year bears to the amount all States received
under that subpart for the preceding fiscal year.
(e) State Application.--In order to receive a grant under this
section, a State shall submit an application to the Secretary at such
time, in such manner, and including such information as the Secretary
may reasonably require, including the following:
(1) A timeline, consistent with the goals required under
paragraph (2), to ensure that, not later than 4 years after the
receipt of a grant under this section--
(A) the annual base salary of a full-time
equivalent employee employed by a local educational
agency in the State is not less than the minimum salary
for paraprofessional and education support staff, as
determined by the State; and
(B) all part-time equivalent staff employed by a
local educational agency in the State are paid not less
than the minimum wage for paraprofessional and
education support staff, as determined by the State.
(2) For each fiscal year in the timeline specified in
paragraph (1), statewide annual goals for increasing average
salary or wage baselines of paraprofessionals and education
support staff in a manner that--
(A) annually proposes a percentage increase in the
average wage or salary of paraprofessionals and
education support staff;
(B) provides for the first increase to occur not
later than the second fiscal year a State receives a
grant under this section; and
(C) makes significant progress toward ensuring
that, by the end of the timeline described in
subparagraph (A)--
(i) the annual base salary of a full-time
equivalent employee employed by a local
educational agency in the State is not less
than the minimum salary for paraprofessional
and education support staff, as determined by
the State; and
(ii) all part-time equivalent staff
employed by a local educational agency in the
State are paid not less than the minimum wage
for paraprofessional and education support
staff, as determined by the State.
(3) The State's proposed formula to subgrant funds to local
educational agencies as described in subsection (g) in a manner
that ensures--
(A) local educational agencies that serve a high
number or percentage of students from low-income
backgrounds receive substantial subgrant allocations
that enable such agencies to meet the requirements
described in subparagraphs (A) and (B) of paragraph (1)
not later than 2 years after the receipt of a subgrant;
and
(B) all remaining local educational agencies in the
State meet the State's requirements in the timeline
described in paragraph (1).
(f) Improving Paraprofessional and School Staff Wages and
Salaries.--
(1) State reservation.--A State that receives a grant under
this section may reserve not more than 2 percent of the total
grant amount received by the State for technical assistance,
administrative purposes, and statewide efforts to provide
paraprofessionals and education support staff with
opportunities for personnel preparation, professional
development, credentials, or certifications, such as to assist
in the provision of special education and related services or
to serve English learners.
(2) Improving wages and salaries.--
(A) In general.--Subject to subparagraph (B), a
State that receives a grant under this section shall
ensure that, within a timeline determined by the State
under subsection (e)(1) and approved by the Secretary--
(i) the annual base salary of a full-time
equivalent employee employed by a local
educational agency in the State is not less
than the minimum salary for paraprofessional
and education support staff, as determined by
the State; and
(ii) all part-time equivalent staff
employed by a local educational agency in the
State are paid not less than the minimum wage
for paraprofessional and education support
staff, as determined by the State.
(B) Timing.--The Secretary shall ensure that, by
not later than 4 years after the date of implementation
of the final regulations issued under this Act, each
State that receives a grant under this section meets
the salary and wage requirements specified in
subparagraph (A).
(g) Subgrants to Local Educational Agencies.--
(1) Allocation.--Each State shall allocate not less than 98
percent of the grant funds awarded to the State under this
section as subgrants to local educational agencies (including
charter schools that are local educational agencies) in the
State under the formula determined by the State under
subsection (e)(3) and approved by the Secretary.
(2) Uses of subgrant funds.--A local educational agency
that receives a subgrant under paragraph (1)--
(A) shall use the subgrant funds to comply with the
State's requirements in accordance with subsection (e)
guaranteeing that no full-time equivalent employee of
the agency is paid less than the minimum salary for
paraprofessional and education support staff and no
part-time equivalent employee of the agency is paid
less than the minimum wage for paraprofessional and
education support staff; and
(B) may use subgrant funds--
(i) to increase 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; and
(ii) to provide paraprofessionals and
education support staff with opportunities for
personnel preparation, professional
development, credentials, or certifications,
such as to assist in the provision of special
education and related services or to serve
English learners.
(3) Contracted staff.--
(A) In general.--A local educational agency that
receives a subgrant under this section shall ensure
that staff employed by such agency or in any contract
such agency enters into, are paid an amount not less
than the minimum salary for paraprofessionals and
education support staff or the minimum wage for
paraprofessionals and education support staff in the
State.
(B) Monitoring.--A State that receives a grant
under this section shall monitor local educational
agencies for compliance with subparagraph (A).
(h) Rules.--
(1) Rule of construction for collective bargaining.--
(A) In general.--Subject to subparagraph (B),
nothing in this Act 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.
(B) Compliance.--Subparagraph (A) shall not be
construed to exempt a State, local educational agency,
or school from complying with salary or wage
requirements in this Act or from negotiating in
compliance with State labor laws to comply with this
Act.
(2) Rule of construction for additional pay or other salary
augmenting systems.--Nothing in this Act shall be construed to
prevent States or local educational agencies from supplementing
the annual base salary of teachers, paraprofessionals,
education support staff, or other staff employed by such
agencies--
(A) for additional skills, knowledge, duties, and
responsibilities;
(B) by salary systems that increase teachers'
compensation through supplemental pay that is not part
of an annual base salary; or
(C) through the provision of bonuses, stipends, or
awards.
(3) No waiver authority.--Section 8401 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7861) shall not
apply to this Act.
(4) Supplement not supplant.--
(A) In general.--A State shall use Federal funds
received under this Act only to supplement the funds
that would, in the absence of such Federal funds, be
made available from State and local sources for
elementary and secondary education, and not to supplant
State and local funds.
(B) Compliance.--The Secretary shall use funds
described in subsection (d)(1)(B) to administer
programs authorized under this subpart and to issue
technical assistance to States and to monitor and
enforce the requirements under such programs.
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