[Congressional Record Volume 169, Number 183 (Monday, November 6, 2023)]
[Senate]
[Pages S5361-S5362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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    SENATE RESOLUTION 450--EXPRESSING THE SENSE OF THE SENATE THAT 
    PARAPROFESSIONALS AND EDUCATION SUPPORT STAFF SHOULD HAVE FAIR 
             COMPENSATION, BENEFITS, AND WORKING CONDITIONS

  Mr. MARKEY (for himself, Mr. Sanders, and Ms. Warren) submitted the 
following resolution; which was referred to the Committee on Health, 
Education, Labor, and Pensions:

                              S. Res. 450

       Whereas paraprofessionals (also sometimes known as 
     ``paraeducators'') include education assistants and 
     instructional assistants who work in elementary schools, 
     secondary schools, or public institutions of higher 
     education;

[[Page S5362]]

       Whereas education support staff (also sometimes known as 
     ``classified school employees'' or ``education support 
     professionals'') include professionals who work in elementary 
     schools, secondary schools, or public institutions of higher 
     education in clerical and administrative services, 
     transportation services, food and nutrition services, 
     custodial and maintenance services, health and student 
     services, technical services, and skilled trades;
       Whereas more than 3,000,000 paraprofessionals and education 
     support staff are the frontline workers who transform schools 
     in the United States from brick and mortar buildings to 
     places of learning and support for more than 49,000,000 
     students across the United States;
       Whereas, since the onset of the COVID-19 pandemic, school 
     staff employment has fallen across positions and there are 
     still 331,000 fewer school staff than before the COVID-19 
     pandemic, leaving schools without the necessary staff in 
     almost every position;
       Whereas, since the onset of the COVID-19 pandemic, a 
     shortage of teachers has resulted in some paraprofessionals 
     and education support staff being expected to assume the 
     duties of teachers without commensurate compensation or 
     benefits;
       Whereas many paraprofessionals and education support staff 
     are undercompensated for their work, and do not receive a 
     living wage, much less a competitive, family-sustaining 
     living wage;
       Whereas many paraprofessionals and education support staff 
     are, as a matter of practice, laid off at the end of each 
     school year and rehired annually, and lack job security;
       Whereas, unlike most school employees, many 
     paraprofessionals and education support staff are not full-
     time employees because their services, including those of bus 
     drivers and food service workers, are time delimited;
       Whereas many paraprofessionals and education support staff 
     lack access to high-quality, affordable health care because 
     they are intentionally hired for insufficient hours to 
     receive health and retirement benefits, or otherwise are 
     charged exorbitant employee premiums for health insurance;
       Whereas, while paraprofessionals and education support 
     staff are often the most diverse subset of school employees, 
     are more likely to have grown up in the communities they 
     serve, and are the trusted school community members for many 
     students and parents, the voices of paraprofessionals and 
     education support staff are not always valued in forming 
     school policies;
       Whereas paraprofessionals and education support staff often 
     serve students facing systemic barriers, but are often 
     excluded from professional growth and development 
     opportunities;
       Whereas, like many school employees, paraprofessionals and 
     education support staff are too often subject to workplace 
     violence and other safety hazards, including contaminants and 
     extreme temperatures;
       Whereas paraprofessionals and education support staff 
     deserve real solutions that would empower them to--
       (1) work in a stable, safe environment;
       (2) have multi-year job security;
       (3) receive livable and competitive wages, access to 
     sufficient hours, and fair compensation for their work; and
       (4) have a voice on the job and meaningful input in school 
     policy;
       Whereas respecting paraprofessionals and education support 
     staff is essential to creating and maintaining safe and 
     supportive school environments that are conducive to students 
     learning and thriving; and
       Whereas Congress seeks to recognize the rights, respect, 
     and dignity that paraprofessionals and education support 
     staff deserve as they continue to care for and educate the 
     next generation: Now, therefore, be it:
       Resolved, That it is the sense of the Senate that--
       (1) paraprofessionals and education support staff--
       (A) should be compensated at a rate that is a livable, 
     competitive wage;
       (B) should have access to high quality, affordable 
     healthcare and healthcare benefits at a de minimus personal 
     cost;
       (C) should be considered to be eligible employees under the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
     seq.);
       (D) should be entitled to 16 weeks of paid family and 
     medical leave;
       (E) should have paid leave for all planned and unforeseen 
     school closures, including weather-related closures, 
     professional development days, and other short-term closures;
       (F) should have access to meaningful and free or affordable 
     professional growth and development opportunities during 
     regular paid working hours that provide a path to career 
     advancement;
       (G) should have sufficient resources and supplies to enable 
     them to do their job effectively and efficiently, including 
     up-to-date technology;
       (H) should have access to training and appropriate personal 
     protective equipment;
       (I) should have representation in organizations that 
     determine policies that may affect the working conditions of 
     paraprofessionals and education support staff;
       (J) should receive notification and the opportunity to 
     provide significant input about the implementation of 
     electronic monitoring, data, algorithms, and artificial 
     intelligence technology in the applicable school and should 
     receive high-quality professional development as new 
     technologies are introduced;
       (K) should have adequate notice and opportunity to 
     participate, when appropriate, in individualized education 
     program meetings, behavior intervention team meetings, and 
     other similar meetings relating to the students the 
     paraprofessionals and education support staff support, to the 
     extent permitted by law;
       (L) should experience a safe and healthy working 
     environment free from recognized hazards that cause or are 
     likely to cause death or serious physical harm;
       (M) should experience appropriate staffing levels to ensure 
     that students have adequate support and that 
     paraprofessionals and education support staff can complete 
     their jobs effectively, efficiently, and safely;
       (N) should receive adequate notification regarding the 
     duration of their employment;
       (O) should have an employment contract that includes a 
     provision for the automatic renewal of the contract at the 
     expiration of the contract, rather than the automatic 
     termination of the contract at such expiration, and a 
     provision for termination of employment for just cause, 
     rather than termination of employment at will; and
       (P) should have a process for reporting workplace issues 
     and concerns to their employer in a manner that protects 
     paraprofessionals and education support staff and other 
     employees from retaliation;
       (2) in recognition of the importance of collective 
     bargaining in maintaining good working conditions, employers 
     of paraprofessionals and education support staff should--
       (A) engage in good faith negotiations;
       (B) strive to reach timely and just contracts that fairly 
     compensate and protect paraprofessionals and education 
     support staff;
       (C) refrain from replacing paraprofessionals or education 
     support staff who engage in a strike; and
       (D) refrain from locking out such workers; and
       (3) nothing in this resolving clause should be interpreted 
     to supersede, or as an expression of the Senate's support for 
     any law that would supersede, employment terms or conditions 
     agreed upon in collective bargaining agreements that are more 
     beneficial to paraprofessionals and education support staff 
     than those described in this resolving clause.

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