[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3881 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3881

   To direct the Secretary of Education to award grants to eligible 
   entities to carry out teacher leadership programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2022

   Mr. Lujan 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 award grants to eligible 
   entities to carry out teacher leadership 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. SHORT TITLE.

    This Act may be cited as the ``Teachers Leading, Educating, 
Advancing, and Designing Act of 2022'' or the ``Teachers LEAD Act of 
2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Decades of research have shown that teachers are the 
        single most important school-based factor in student 
        achievement, and an analysis by the Brookings Institution 
        indicates that a high level of teacher turnover is negatively 
        associated with student achievement, and is higher in urban 
        schools and schools with more economically disadvantaged 
        students.
            (2) A report by the National Commission on Teaching and 
        America's Future estimated that districts spend between $10,000 
        and $17,000 for each teacher who leaves the district, making 
        teacher turnover and attrition a costly issue for school 
        systems.
            (3) The United States education system is experiencing an 
        ongoing teacher recruitment, retention, and shortage crisis. 
        According to a National Education Association survey in January 
        of 2022, 55 percent of all teachers, 62 percent of Black 
        teachers, and 59 percent of Hispanic or Latino educators said 
        they were more likely to retire early or leave the profession.
            (4) In the same survey, 74 percent of teachers report 
        having to fill in for colleagues or take on other duties due to 
        staff shortages, while 90 percent of respondents pointed out 
        that teacher burnout is becoming a very serious issue. As a 
        Nation, we face the possibilities of vacancies and educator 
        burnout being exacerbated by educator shortages.
            (5) An analysis by the Economic Policy Institute of teacher 
        turnover data suggests that low salaries, lack of professional 
        development opportunities, and a difficult school climate, 
        including lack of teacher input into school policy, are common 
        factors behind teachers leaving the workforce.
            (6) According to a report by Teach Plus and the Education 
        Trust, teachers of color, who, on average experience higher 
        turnover rates, report that they have considered leaving the 
        profession because they lack agency, autonomy in decision 
        making, and opportunities for leadership.
            (7) Studies show that all students benefit from having 
        racially diverse teachers. These benefits are magnified for 
        students of color, who experience improved academic 
        performance, higher graduation rates, and increased interest in 
        pursuing higher education.
            (8) Teachers of color are underrepresented in schools, with 
        only 20 percent of the teacher workforce identifying as people 
        of color versus over 50 percent of public school students. 
        Teachers of color are also more likely to teach in schools that 
        serve a high proportion of students of color, in schools that 
        are underresourced, and in schools that have higher overall 
        teacher turnover rates.
            (9) Studies show that there is a positive link between 
        professional leadership opportunities, job satisfaction, and 
        retention of classroom teachers, and that compensation for 
        teachers' added leadership responsibilities increases teacher 
        retention.
            (10) In a Gates Foundation Survey, only 12 percent of all 
        teachers surveyed reported receiving consistent job-embedded 
        mentorship and professional development from veteran teachers, 
        despite multiple studies showing that consistent mentorship 
        improves student learning.
            (11) The New Teacher Project found that only 26 percent of 
        high-performing teachers agreed that their school leadership 
        identified opportunities or clear paths for teacher leadership 
        roles.
            (12) According to a report by Teach Plus and the Education 
        Trust, teachers' investment in their schools and their 
        likelihood of retention is greater where opportunities exist to 
        innovate and advocate on behalf of students, especially when a 
        teacher acts in partnership with school and district 
        administration to address student and teacher needs.
            (13) Structured leadership programs are an effective way to 
        help combat the nationwide teacher shortage and improve teacher 
        retention by empowering teachers and establishing formal peer 
        mentorships between effective and experienced teachers and 
        those just entering the profession, which also leads to 
        academic and socio-emotional benefits for students.
            (14) Federal policies are needed to encourage and fund the 
        establishment of structured leadership programs at public 
        schools, especially in high-need schools and school districts.

SEC. 3. TEACHER LEADERSHIP GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) ESEA terms.--The terms ``educational service agency'', 
        ``elementary school'', ``local educational agency'', 
        ``paraprofessional'', ``school leader'', ``secondary school'', 
        and ``Secretary'' have the meanings given such terms in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (2) Distributed leadership.--The term ``distributed 
        leadership'' means a range of approaches wherein the school 
        leadership shares aspects of the traditional set of school 
        decisions, organization, management, and operations with 
        teachers in a manner that is coordinated, agreed to, and led by 
        the teachers and school leadership.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency or educational 
                service agency;
                    (B) a consortium of local educational agencies or 
                educational service agencies; or
                    (C) a partnership between a local educational 
                agency or educational service agency and--
                            (i) a nonprofit organization with 
                        demonstrated expertise in teacher leadership 
                        programs, as determined by the Secretary;
                            (ii) a State educational agency in the same 
                        State as the local educational agency or 
                        educational service agency with demonstrated 
                        capacity in supporting teacher leadership 
                        programs, as determined by the Secretary;
                            (iii) an institution of higher education 
                        (as defined in section 101 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001)) that 
                        awards postsecondary teacher certificates or 
                        degrees and has a demonstrated capacity in 
                        supporting teacher leadership programs or 
                        teacher diversity, as determined by the 
                        Secretary; or
                            (iv) a Minority-Serving Institution, Tribal 
                        College or University, or Historically Black 
                        College or University.
            (4) High-need educational service agency or consortium of 
        high-need educational service agencies.--The term ``high-need 
        educational service agency or consortium of high-need 
        educational service agencies'' means an educational service 
        agency or consortium of educational service agencies in which 
        each educational service agency has a census poverty rate of 
        not less than 20 percent.
            (5) High-need local educational agency or consortium of 
        high-need local educational agencies.--The term ``high-need 
        local educational agency or consortium of high-need local 
        educational agencies'' means a local educational agency or 
        consortium of local educational agencies in which each local 
        educational agency has a census poverty rate of not less than 
        20 percent.
            (6) Minority-serving institution.--The term ``Minority-
        Serving Institution'' means any of the following:
                    (A) An Alaska Native-serving institution, as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)).
                    (B) A Native Hawaiian-serving institution, as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)).
                    (C) A Hispanic-serving institution, as that term is 
                defined in section 502(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1101a(a)).
                    (D) A Predominantly Black institution, as that term 
                is defined in section 371(c) of the Higher Education 
                Act of 1965 (20 U.S.C. 1067q(c)).
                    (E) An Asian American and Native American Pacific 
                Islander-serving institution, as that term is defined 
                in section 320(b) of the Higher Education Act of 1965 
                (20 U.S.C. 1059g(b)).
                    (F) A Native American-serving, nontribal 
                institution, as that term is defined in section 319(b) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1059f(b)).
            (7) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given the term in 
        section 316(b)(3) of the Higher Education Act of 1965 (20 
        U.S.C. 1059c(b)(3)).
            (8) Historically black college or university.--The term 
        ``Historically Black College or University'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (9) Teacher leader.--The term ``teacher leader'' means a 
        teacher who is selected to participate in the teacher 
        leadership program under this section.
    (b) Program Authorized.--
            (1) In general.--The Secretary shall award grants, on a 
        competitive basis, to eligible entities to carry out teacher 
        leadership programs.
            (2) Reservations.--From the total amount appropriated to 
        carry out this section for a fiscal year, the Secretary--
                    (A) shall reserve not less than 5 percent to carry 
                out subsection (h);
                    (B) may reserve not more than--
                            (i) 3 percent to provide technical 
                        assistance to, and support the capacity 
                        building of, the programs assisted under this 
                        section; and
                            (ii) 0.5 percent to complete required 
                        reporting under this section; and
                    (C) may reserve not more than 3.5 percent to award 
                planning grants to eligible entities in order to assist 
                those eligible entities in developing a program 
                proposal in accordance with subsection (i).
            (3) Grant period.--The Secretary shall make grant awards 
        for not more than 3 years and may extend grant awards for not 
        more than 2 additional years if the grantee is making progress 
        in achieving program objectives.
    (c) Application.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    (A) the program proposal described in paragraph 
                (2); and
                    (B) the data reporting requirement agreement 
                described in paragraph (3).
            (2) Program proposal.--The program proposal required under 
        this subsection shall include the following:
                    (A) Program plan.--A plan to establish a teacher 
                leadership program that includes not less than 1 of the 
                following:
                            (i) A description of how the eligible 
                        entity will ensure that the program offers time 
                        and structures for shared decision making, 
                        distributed leadership, common planning, and 
                        collaboration between teacher leaders and 
                        school leaders.
                            (ii) A description of how the eligible 
                        entity will ensure that the program includes 
                        the participation of teacher leaders in goal 
                        setting, professional learning, or 
                        collaboration with content experts, school 
                        leadership, colleagues, or leadership of an 
                        eligible entity, with respect to--
                                    (I) strategic planning or 
                                development at the school level and the 
                                level of the eligible entity, including 
                                planning and development relating to 
                                school climate, community engagement, 
                                teacher professional development and 
                                mentorship, and student growth; or
                                    (II) implementing practices to 
                                support children's social, emotional, 
                                and cognitive learning, such as--
                                            (aa) planning the design of 
                                        and organizing the physical 
                                        space, organizational 
                                        structure, wraparound services, 
                                        and culture of schools to 
                                        support positive, healthy, and 
                                        developmentally appropriate 
                                        relationships among members of 
                                        the school and community;
                                            (bb) creating multi-tiered 
                                        and integrated systems of 
                                        support to address student 
                                        academic and non-academic 
                                        needs; or
                                            (cc) creating and fostering 
                                        safe and inclusive learning 
                                        environments that enable 
                                        authentic, culturally and 
                                        linguistically responsive 
                                        learning in identity-safe 
                                        settings.
                            (iii) A description of how the eligible 
                        entity will ensure that teacher leaders receive 
                        training and support to improve skills related 
                        to acting as instructional leaders, coaches, 
                        mentors, or facilitators of professional 
                        learning.
                    (B) Program requirements.--A description of how the 
                eligible entity will meet each of the following program 
                requirements:
                            (i) Ensuring all teachers with at least 3 
                        years of full-time teaching experience that 
                        maintain their roles as classroom instructors 
                        and are employed by the participating schools 
                        served by the eligible entity may apply to 
                        participate in such program as teacher leaders.
                            (ii) Providing the selection criteria for 
                        program participation to all eligible teachers 
                        described in clause (i), which shall include 
                        selection based on an eligible teacher's 
                        demonstrated ability in carrying out 5 of the 8 
                        criteria described in this clause and a 
                        commitment to growth in other criteria where an 
                        eligible teacher does not have a demonstrated 
                        ability. The criteria are:
                                    (I) Carrying out leadership 
                                responsibilities while maintaining a 
                                role as a classroom instructor.
                                    (II) Focusing on improving or 
                                advancing the vision, goals, and 
                                priorities of the eligible entity that 
                                employs such teacher using evidence-, 
                                research-, and practice-based data.
                                    (III) Collecting and analyzing data 
                                of student academic and social-
                                emotional outcomes or teacher 
                                professional outcomes, and taking 
                                actions to improve student outcomes, 
                                teacher outcomes, or professional 
                                learning, informed by such data.
                                    (IV) Facilitating collaborative, 
                                evidence-, research-, and practice-
                                based, and sustained professional 
                                learning with peers, including 
                                mentorship and instruction leadership, 
                                that lead to improvements in teaching 
                                efficacy, professional outcomes, or 
                                student academic achievement and 
                                social-emotional learning.
                                    (V) Analyzing socioeconomic, 
                                cultural, and historical contexts of 
                                students, their communities, and the 
                                eligible entity, including existing 
                                pedagogy, school policies, and school-
                                based outreach to families and 
                                community organizations, to create 
                                learning environments that are more 
                                inclusive of and responsive to student 
                                and teacher needs, cultures, 
                                ethnicities, languages, gender and 
                                sexual orientations, and socioeconomic 
                                statuses.
                                    (VI) Implementing and evaluating 
                                strategies aimed at addressing areas of 
                                demonstrated need in the school at 
                                which the teacher is employed, 
                                including increasing wraparound 
                                services, academic supports, family 
                                engagement, and community-based 
                                services.
                                    (VII) Supporting teachers to 
                                effectively serve students with 
                                disabilities, English learners, and 
                                students who are linguistically, 
                                racially, and culturally diverse, 
                                economically disadvantaged, or 
                                historically underrepresented to 
                                increase their academic achievement or 
                                social-emotional learning.
                                    (VIII) Using, customizing, or 
                                developing lesson materials and 
                                instructional resources to meet the 
                                unique needs of students and the 
                                eligible entity to further students' 
                                academic achievement and social-
                                emotional learning.
                            (iii) Ensuring that all teachers and 
                        paraprofessionals employed by the participating 
                        schools served by the eligible entity are 
                        eligible to participate in programming led by a 
                        teacher leader, when applicable.
                            (iv) Providing monetary compensation to 
                        teacher leaders who participate in such program 
                        for the additional responsibilities that are 
                        directly related to the teacher leadership 
                        program.
                            (v) Allowing the monetary compensation 
                        described in clause (iv) to be substituted for 
                        paid time off or satisfaction of a contract 
                        requirement--
                                    (I) at the request of the teacher 
                                leader receiving such compensation; and
                                    (II) with the authorization and 
                                agreement of the eligible entity that 
                                serves the elementary or secondary 
                                school at which such teacher leader is 
                                employed.
                            (vi) Requiring teacher leaders to support 
                        their own development and professional growth 
                        by evaluating themselves and each other using 
                        evidence-, research-, and practice-based 
                        rubrics.
                            (vii) Consulting with other teachers when 
                        developing and implementing the program as 
                        described under this subparagraph.
                    (C) Supplemental materials.--A description of the 
                following:
                            (i) How the eligible entity will develop 
                        and implement the use of evidence-, practice-, 
                        or research-based rubrics that teacher leaders 
                        will be using for the self-evaluations 
                        described in subparagraph (B)(vi).
                            (ii) How grant funds will be spent, 
                        including if and how other Federal, State, 
                        Tribal, and local funding sources may be used 
                        to supplement grant funds in order to meet the 
                        requirements of the teacher leadership program.
                            (iii) How the eligible entity will continue 
                        the teacher leadership activities assisted 
                        under the grant after the grant period ends.
            (3) Data reporting requirement.--Each eligible entity 
        applying for a grant under this section shall include in such 
        application an assurance that the eligible entity will comply 
        with reporting requirements of the Institute of Education 
        Sciences relating to the reports required under this section.
    (d) Priority.--In awarding grants under this section, the Secretary 
shall give priority to--
            (1) eligible entities that are or that include--
                    (A) a high-need educational service agency or 
                consortium of high-need educational service agencies;
                    (B) a high-need local educational agency or 
                consortium of high-need local educational agencies;
                    (C) local educational agencies that receive basic 
                support payments under section 7003(b)(1) of the 
                Elementary and Secondary Education Act (20 U.S.C. 
                7703(b)(1));
                    (D) Indian Tribes, Tribal educational departments 
                or agencies, or Tribal educational organizations with a 
                successful track record in supporting teacher 
                leadership programs or advancing teacher diversity; or
                    (E) Native Hawaiian community-based organizations 
                or Native Hawaiian educational organizations (as those 
                terms are defined in section 6207 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7517)) or 
                Alaska Native organizations (as defined in section 6306 
                of such Act (20 U.S.C. 7546));
            (2) eligible entities that are or that include local 
        educational agencies or educational service agencies with a 
        teacher turnover rate that is above the national average;
            (3) eligible entities that are or that include local 
        educational agencies or educational service agencies that 
        demonstrate in their program proposal under subsection (b)(2) a 
        plan to recruit, retain, and train teacher leaders who are 
        individuals from underrepresented populations in the teaching 
        profession; and
            (4) eligible entities described in subsection (a)(3)(C) 
        that include a partner who has a successful track record in 
        supporting teacher leadership programs and advancing teacher 
        diversity, such as a Historically Black College or University, 
        a Tribal College or University, or a Minority-Serving 
        Institution.
    (e) Uses of Funds.--
            (1) In general.--An eligible entity awarded a grant under 
        this section shall use--
                    (A) not more than 5 percent of such grant funds for 
                administrative expenses; and
                    (B) not less than 95 percent of such grant funds to 
                implement the program proposal described in subsection 
                (c)(2) and, at the eligible entity's option, carry out 
                activities described in paragraph (2).
            (2) Permissive uses of funds.--In addition to implementing 
        the program proposal under subsection (c)(2), an eligible 
        entity awarded a grant under this section may use such grant 
        funds to facilitate--
                    (A) collaboration between program participants;
                    (B) instructional materials development; or
                    (C) the reallocation of work hours for teacher 
                leaders between classroom responsibilities and 
                responsibilities as a teacher leader.
    (f) Regulations.--The Secretary shall prescribe such regulations as 
may be necessary to carry out this section, including with respect to 
the evidence-, research-, and practice-based rubrics and standards 
described in subsection (c)(2)(B)(vi).
    (g) Reports and Evaluation.--
            (1) Reports to the secretary.--Not later than 1 year after 
        receiving a grant under this section, and annually thereafter 
        for the duration of the grant period, an eligible entity shall 
        submit to the Secretary all information necessary for the 
        evaluation described in paragraph (2).
            (2) Evaluation.--Using the information reported by eligible 
        entities, the Secretary, acting through the Director of the 
        Institute of Education Sciences shall carry out an independent 
        evaluation measuring the effectiveness of the activities 
        carried out under grants awarded under this section, including 
        information about whether participating eligible entities 
        experience greater teacher retention than non-participants. The 
        evaluation shall include the following information, 
        disaggregated by race, ethnicity, and gender:
                    (A) With respect to all teachers employed by a 
                local educational agency or educational service agency 
                that is, or is part of, an eligible entity--
                            (i) the 3-year retention rate, 
                        disaggregated by--
                                    (I) teachers who are in their first 
                                year of teaching; and
                                    (II) teachers who were hired by 
                                such eligible entity in the same school 
                                year as one another;
                            (ii) the 5-year retention rate, 
                        disaggregated by--
                                    (I) teachers who are in their first 
                                year of teaching; and
                                    (II) teachers who were hired by 
                                such eligible entity in the same school 
                                year as one another; and
                            (iii) the employment status of teachers who 
                        were hired by such eligible entity, in the same 
                        school year in which such eligible entity 
                        received a grant under this section.
                    (B) With respect to each teacher leader 
                participating in a program established using such grant 
                funds, the following:
                            (i) The number of years of teaching 
                        experience such teacher leader had at the time 
                        of program participation.
                            (ii) Whether such teacher leader is 
                        employed by such eligible entity at the time of 
                        the report.
                            (iii) If such teacher leader is not 
                        employed by such eligible entity, the reason 
                        for leaving.
                            (iv) The year in which such teacher leader 
                        was first employed as a teacher.
            (3) Publication.--The aggregated data submitted under 
        paragraph (1) and the results of the evaluation under paragraph 
        (2) shall be made publicly available on the website of the 
        Department of Education, except that such publicly available 
        data and results shall not reveal personally identifiable 
        information.
            (4) Reports to congress.--Not later than 3 years after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the Committee on Health, Education, Labor, and Pensions of 
        the Senate, the Committee on Education and Labor of the House 
        of Representatives, and the Committee on Indian Affairs of the 
        Senate a summary report of the preliminary results and impact 
        of the teacher leadership program. The Secretary shall submit 
        to such committees an annual report of the results and impact 
        of the teacher leadership program for each year of the grant 
        thereafter.
    (h) Bureau of Indian Education Teacher Leadership Programs.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of the Interior, shall--
                    (A) develop and implement a teacher leadership 
                program plan for Bureau schools (as defined in section 
                1141 of the Education Amendments of 1978 (25 U.S.C. 
                2021)); and
                    (B) award grants to Bureau-funded schools described 
                in subparagraphs (B) and (C) of section 1141(3) of the 
                Education Amendments of 1978 (25 U.S.C. 2021(3)).
            (2) Special rule.--The Secretary, in consultation with the 
        Secretary of the Interior and Indian Tribes, may waive any 
        requirement under this section or prescribe an alternative or 
        substantially similar requirement if the Secretary finds that 
        the waiver or alternative requirement is necessary for the 
        effective delivery and administration of activities under this 
        section.
    (i) Planning Proposal Grants.--
            (1) In general.--The Secretary may award planning grants to 
        eligible entities to enable those eligible entities to develop 
        a program proposal under subsection (c)(2).
            (2) Application.--Each eligible entity that desires a 
        planning grant under this subsection shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            (3) Duration.--A planning grant under this subsection shall 
        be for a period of not more than 1 year.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $400,000,000, for fiscal year 
2023, and each of the 4 succeeding fiscal years.
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