Sec. 202. Paying teachers a livable and competitive salary
2,869 words·~13 min read·
/bill/118/s/766/is/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) is amended— by redesignating subsections (i), (j), (k), and (l), as subsections (j), (k), (l), and (m), respectively; by inserting after subsection
(h)the following: In this subsection: The term annual adjustment percentage , with respect to a fiscal year, means 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. The term annual base salary — means the base salary, calculated as an annual rate of pay, of a full-time teacher; and excludes— any additional compensation earned by the teacher for taking on additional responsibilities (such as coaching or teaching during the summer or after school); and bonuses, stipends, and awards. The term Consumer Price Index has the meaning given the term in section 478(f) of the Higher Education Act of 1965. The term minimum salary for teachers means an amount, determined by the State, that all full-time teachers employed by a local educational agency are, at a minimum, required by the State to be compensated by such agency as their annual base salary, and which— for teachers in their first year of teaching, shall be an annual rate of pay that is not less than the amount described in subparagraph (B); and for teachers with more than one year of experience, shall be an annual rate of pay that— is greater than the amount described in subparagraph (B); and increases on an annual basis, as the experience of a teacher increases. The term teacher means— an employee of a local educational agency— with a primary duty of teaching and who is employed and engaged in teaching in a public elementary school or secondary school served by such agency; who fully meets all applicable public elementary school or secondary school teacher certification and licensure requirements of the State in which the school is located; and if the teacher is a special education teacher, who meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and other full-time public elementary school or secondary school personnel employed by a local educational agency whose annual base salary is determined in accordance with such agency’s salary schedule or system for a full-time teacher. For each fiscal year, the amount described in subparagraph (A)(iv)(I) shall be determined under this subparagraph. For each of fiscal years 2024 through 2028, the amount described in subparagraph (A)(iv)(I) is $60,000. For the fiscal year period 2029 through 2033 and for each subsequent 5 fiscal year period, the amount described in subparagraph (A)(iv)(I) shall be adjusted for inflation as described in subclause (II). The amount shall be equal to the amount applicable for the previous 5 fiscal year period, increased by the greater of— the aggregate annual adjustment percentage over the previous 5 fiscal years; or 2 percent of the amount applicable under this subparagraph for the previous 5 fiscal year period. Subject to paragraphs
(3)and (4), a State that receives assistance under this part shall ensure that the annual base salary of a full-time teacher employed by a local educational agency in the State is not less than the minimum salary for teachers determined by such State. To comply with clause (i), a State shall adopt one or more of the following laws or policies, under which no full-time teacher shall receive an annual base salary that is less than the minimum salary for teachers: A statewide minimum annual base salary schedule for teachers that increases as the experience of a teacher increases. A statewide minimum annual base salary for teachers who are in their first year of teaching. A State law to increase salaries for teachers. Subject to paragraphs
(3)and (4), a State that receives assistance under this part shall demonstrate that all teachers employed by local educational agencies in the State are compensated with a livable and competitive salary for teachers, which shall be an amount that— is at least the minimum salary for teachers; increases throughout each teacher's career; and is at least commensurate with annual salaries for college-educated and experienced professionals in the region in which such agencies are located, as determined in accordance with procedures and requirements established by the Secretary. Not less frequently than every 5 years, a State that receives assistance under this part shall examine and address fiscal inequities among schools and local educational agencies in the State, including by working with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies that serve schools in the quartile described in clause (i), and the public, to— identify the quartile of schools serving the greatest number and percentage of students from low-income backgrounds; identify the average per-pupil expenditure of the quartile of local educational agencies with the greatest per-pupil expenditures in the State; and implement State and local actions to increase per-pupil expenditures at schools described in clause
(i)to an amount that is not less than the average per-pupil expenditure described in clause (ii). Except as provided in subparagraph (B), the Secretary shall ensure that, not later than 4 years after the date of implementation of the final regulations issued in accordance with section 5 of the Pay Teachers Act , each State that receives assistance under this part meets the teacher salary requirements described in subparagraphs
(A)and
(B)of paragraph (2). A State, if eligible, may request and be approved by the Secretary to participate in the Teacher Salary Improvement pathway described in paragraph
(4)that provides an extended timeline to comply with the teacher salary requirements described in subparagraphs
(A)and
(B)of paragraph (2). In this paragraph: The term average teacher salary baselines means, for each of the following years of service as teachers, the average annual base salaries of all full-time teachers employed by local educational agencies in the State: 0 years, or starting teacher salaries. 3 years. 5 years. 10 years. 15 years. 20 years. 25 years. The term eligible improvement State means a State— that had an annual starting statewide teacher salary average that was less than $45,000 in fiscal year 2023; in which 50 percent or more of the teachers employed by local educational agencies in the State did not receive an annual base salary of $60,000 or more in fiscal year 2023; and that demonstrates to the Secretary substantial need for the extended timeline to comply with the teacher salary requirements described in subparagraphs
(A)and
(B)of paragraph (2), and with respect to which the Secretary determines that providing such State with an extended timeline would be equitable due to— exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or a precipitous decline in the financial resources of the State. A State educational agency, on behalf of an eligible improvement State, that desires to participate in the Teacher Salary Improvement pathway and needs an extended timeline to comply with the teacher salary requirements described in subparagraphs
(A)and
(B)of paragraph
(2)shall submit a request to the Secretary to participate in the Teacher Salary Improvement pathway, which shall include a plan to increase teacher salaries that, at a minimum, includes each of the following: An identification, with respect to the average teacher salary baselines, of the statewide average and the average in each local educational agency in the State, and an assurance that the State will— make such information publicly available on the State educational agency’s website; and update that information on an annual basis. A timeline, consistent with the goals required under clause (iii), to ensure that, not later than 6 years after the receipt of approval to participate in the Teacher Salary Improvement pathway under this paragraph— all teachers employed by local educational agencies operating in the State are paid not less than the minimum salary for teachers; and all teachers employed by local educational agencies operating in the State are compensated with a livable and competitive salary, in accordance with the requirements of paragraph (2)(B). For each fiscal year in the timeline specified in clause (ii), statewide annual goals for increasing average teacher salary baselines in a manner that— annually proposes a percentage increase in the average teacher salary baselines, disaggregated by each period of service described in subparagraph (A)(i); provides for the first increase to occur not later than 2 fiscal years after the receipt of approval to participate in the Teacher Salary Improvement pathway; and makes significant progress toward ensuring that teachers are paid an annual base salary in accordance with the requirements specified in subclauses
(I)and
(II)of clause
(ii)by the end of the timeline described in such clause. A description of the State’s plan to require all local educational agencies in the State, for any fiscal year in which an agency does not pay their teachers the minimum salary for teachers, to— at a minimum, increase the salaries of the teachers employed by such agency in accordance with the statewide annual goals established in clause
(iii)for that fiscal year; and ensure those increases in salaries required under subclause
(I)are aligned with the livable and competitive salary requirements described in paragraph (2)(B). An identification of the number of teachers employed by local educational agencies in the State who earn less than the minimum salary for teachers, disaggregated by each period of service described in subparagraph (A)(i), across the State and employed by each local educational agency. A description of the State's plan to support local educational agencies in increasing 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, including through providing increased resources to local educational agencies. A description of how the State will meet the requirements described in subparagraphs
(A)and
(B)of paragraph
(2)without— increasing the average class sizes or student to full-time equivalent teacher ratios; reducing planning time; or requiring teachers to teach additional classes at the State, local educational agency, or school level. A description of how the State will meet the equitable distribution requirement under subsection (g)(1)(B) during the period of the State's participation in the Teacher Salary Pay Improvement pathway and after the State exits the pathway. A State educational agency that submits an extension request to participate in the Teacher Salary Improvement pathway under this paragraph shall— provide the public and any interested local educational agency in the State with notice and a reasonable and easily accessible opportunity to comment and provide input on the request; submit a summary of the comments to the Secretary, with a description of how the State addressed the comments, and make such summary with description publicly available on the website of the State educational agency; and provide notice and a reasonable time to comment to the public and local educational agencies. A request approved by the Secretary under this paragraph may be for a period of not more than 6 years. If a State demonstrates to the Secretary that such State is making substantial progress in meeting its statewide annual goals described in subparagraph (B)(iii) and demonstrates the need for additional flexibility to revise such goals to continue to make substantial progress in reaching the requirements described in subclauses
(I)and
(II)of subparagraph (B)(ii), such State may, not earlier than 3 years after such State’s request to participate in the Teacher Salary Improvement pathway was approved by the Secretary, revise their statewide annual goals described in subparagraph (B)(iii) if the Secretary determines such revisions will help the State continue to make significant progress in meeting such requirements. A State educational agency that wishes to receive an additional approval to participate in the Teacher Salary Improvement pathway under this paragraph shall submit a new request, in accordance with the requirements of subparagraphs
(B)and (C), if the State demonstrates that the initial request has been effective in enabling the State to increase teacher salaries in a manner that made significant progress in reaching the requirements described in subclauses
(I)and
(II)of subparagraph (B)(ii). The Secretary shall issue a written determination regarding the initial approval or disapproval of a request to participate in the Teacher Salary Improvement pathway not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— the request does not meet the requirements of this paragraph; or the State’s plan to increase teacher salaries under subparagraph
(B)is not designed to make significant progress within a reasonable timeline to ensure that— all teachers employed by local educational agencies in the State are paid not less than the minimum salary for teachers; and all teachers employed by local educational agencies in the State are compensated with a livable and competitive salary, in accordance with the requirements in paragraph (2)(B). The Secretary shall act on requests to participate in the Teacher Salary Improvement pathway under this paragraph in a manner that is similar to the actions of the Secretary for waiver revision and disapproval under subparagraphs
(B)and
(C)of section 8401(b)(4). For each fiscal year for which a State educational agency participates in the Teacher Salary Improvement pathway under this paragraph, such agency shall prepare and submit an annual report to the Secretary, which shall include— updated average teacher salary baselines for that fiscal year, disaggregated by the statewide average and the average in each local educational agency in the State; a description of how the State and local educational agencies in the State increased the average teacher salary baselines in a manner consistent with the statewide annual goals for the corresponding fiscal year, as described in subparagraph (B)(iii); a description that includes— updated data on the number of teachers employed by local educational agencies in the State who earn less than the minimum salary for teachers, disaggregated by each period of service described in subparagraph (A)(i), across the State and employed by each local educational agency; the identification of local educational agencies that have increased the number of teachers who earn less than the minimum salary for teachers; and the actions the State educational agency will take in the next fiscal year to support local educational agencies described in subclause
(II)in decreasing the number of teachers employed by such agencies who earn less than the minimum salary for teachers; a description of actions taken by the State to increase the State’s per-pupil expenditures or the aggregate expenditures of the State with respect to the provision of free public education in the State, in a manner that— supports local educational agencies in increasing 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, including through providing increased resources to local educational agencies; and does not— increase average class sizes or student to full-time equivalent teacher ratios at the State, local educational agency, or school level; reduce planning time; or require teachers to teach additional classes; and a description of how the State improved the equitable distribution of teachers in such fiscal year, as required under subsection (g)(1)(B). Subject to clause (ii), nothing in this subsection 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. Clause
(i)shall not be construed to exempt a State, local educational agency, or school from complying with this subsection or from negotiating in compliance with State labor laws to comply with this subsection. Nothing in this subsection shall be construed to prevent States or local educational agencies from supplementing the annual base salary of teachers or other staff employed by such agencies— for additional skills, knowledge, duties, and responsibilities; by salary systems that increase teachers’ compensation through supplemental pay that is not part of an annual base salary; or through the provision of bonuses, stipends, or awards. Section 8401 shall not apply to this subsection. ; and in subsection (h)(5)— in subparagraph (C), by striking and after the semicolon; by redesignating subparagraph
(D)as subparagraph (G); and by inserting after subparagraph
(C)the following: data that demonstrates the State met the requirements specified in subparagraphs
(A)and
(B)of subsection (i)(2), or an assurance that the State submitted the annual report described in subsection (i)(4)(F); a description of the evidenced-based strategies the State implemented to— reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure, overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners; and meet the equitable distribution of teachers requirements specified in subsection (g)(1)(B); .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 202
Paying teachers a livable and competitive salary
Cites 1Cited by 0 across 0 sources