119-s2451

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2451 Introduced in Senate

    (IS) ]

<DOC>

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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