,,ii #aafth ,,congress #ast ,session ,s4 #beaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ai1 #bjai,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to provide a refundable tax credit for certain teachers as a supplement to ,state effort to provide teachers with a livable wage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,respect1 ,advancement1 and ,increasing ,support for ,educators ,act or the ,,raise ,act4 #b4 ,refundable teacher tax credit 7a7 ,allowance of tax credit 7#a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,teacher tax credit 7a7 ,credit allowed ,in the case of an individual who is an eligible educator during school years ending with or within the taxable year1 there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of-- 7#a7 #ejj1 plus 7#b7 in the case of an eligible educator who is employed at a qualifying school1 the applicable amount4 7b7 ,applicable amount ,for purposes of subsection 7a71 the applicable amount is the amount which bears the same ratio 7not to exceed one7 to #i1ejj 7#g1ejj1 in the case of any early childhood educator without a bachelor's degree7 as-- 7#a7 the number of percentage points by which the student poverty ratio for such qualifying school exceeds #di percent1 bears to 7#b7 #bf percentage points4 7c7 ,eligible educator ,for purposes of this section-- 7#a7 ,in general ,the term eligible educator means-- 7,a7 any elementary or secondary teacher1 and 7,b7 any early childhood educator4 7#b7 ,elementary or secondary teacher 7,a7 ,in general ,the term elementary or secondary teacher means an individual who-- 7i7 is a teacher of record who provides direct classroom teaching 7or classroom-type teaching in a nonclassroom setting7 in a public elementary school or a public secondary school for not less than #ge percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year 7as determined by the ,state in which the school is located71 7ii7 meets applicable ,state certification and licensure requirements1 including any requirements for certification obtained through alternative routes to certification1 in the ,state in which such school is located in the subject area in which the individual is the teacher of record1 and 7iii7 has met the requirements of clauses 7i7 and 7ii7 for a period of not less than #a year before the first day of the taxable year4 7,b7 ,teacher of record ,for purposes of subparagraph 7,a71 the term teacher of record means a teacher who has been assigned the responsibility for specified pupils' learning in a grade1 subject1 or course as reflected on the school's official record of attendance4 7#c7 ,early childhood educator ,the term early childhood educator means an individual who-- 7,a7 has-- 7i7 an associate's degree or higher1 or 7ii7 credentials or a license under ,state law for early childhood education1 7,b7 has primary responsibility for the learning and development of children in an early childhood education program 7as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc77 during the taxable year1 and 7,c7 has met the requirements of subparagraphs 7,a7 and 7,b7 for a period of not less than #a year before the first day of the taxable year4 7d7 ,qualifying school 7#a7 ,in general ,the term qualifying school means1 with respect to any school year-- 7,a7 a public elementary school or a public secondary school that-- 7i7 is in the school district of a local educational agency that is eligible in such year for assistance pursuant to part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq471 or 7ii7 is served by an educational service agency1 or a location operated by an educational service agency1 that is eligible1 for the year in which the determination is made1 for assistance under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq471 7,b7 an elementary school or secondary school that is funded by the ,bureau of ,indian ,education and that is in the school district of a local educational agency that is eligible in such year for assistance pursuant to part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq471 or 7,c7 an early childhood education program 7as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc77 that serves children who receive1 or are eligible for1 services for which financial assistance is provided in accordance with the ,child ,care and ,development ,block ,grant of #aiij 7#db ,u4,s4,c4 #iheh et seq47 or the child and adult care food program established under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff74 7#b7 ,,esea definitions ,for purposes of this subsection1 the terms educational service agency1 elementary school1 local educational agency1 secondary school1 and ,state educational agency have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja et seq474 7e7 ,student poverty ratio 7#a7 ,in general ,the term student poverty ratio means-- 7,a7 with respect to any qualifying school described in subparagraph 7,a7 or 7,b7 of subsection 7d77#a71 the ratio 7expressed as a percentage7 of-- 7i7 the total number of children served at such qualifying school meeting at least one measure of poverty described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e771 to 7ii7 the total number of children served at such qualifying school1 and 7,b7 with respect to any qualifying school described in subsection 7d77#a77;,c71 the ratio 7expressed as a percentage7 of-- 7i7 the total number of children attending such qualifying school who are eligible for the ,child ,care and ,development ,block ,grant of #aiij 7#db ,u4,s4,c4 #iheh et seq47 or the child and adult care food program established under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff71 to 7ii7 the total number of children attending such qualifying school4 7#b7 ,determination of ratio ,in determining the student poverty ratio with respect to a qualifying school under paragraph 7#a77;,a71 the ,secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 with respect to the qualifying school4 7f7 ,inflation adjustment 7#a7 ,in general ,in the case of any taxable year beginning after #bjai1 each of the dollar amounts in subsections 7a7 and 7b7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting in subparagraph 7,a77ii7 thereof calendar year #bjah for calendar year #bjaf4 7#b7 ,rounding ,if any increase determined under paragraph 7#a7 is not a multiple of #ej1 such increase shall be rounded to the nearest multiple of #ej4 4 7#b7 ,conforming amendments 7,a7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,teacher tax credit4 4 7,b7 ,section #fbaa7;b77#d77;,a7 of such ,code is amended by inserting #cf;,c1 after #cf;,b14 7,c7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7b7 ,information sharing ,the ,secretary of ,education shall provide such information as necessary to the ,secretary of the ,treasury 7or the ,secretary's delegate7 for purposes of determining whether a school is a qualifying school 7as defined in section #cf;,c of the ,internal ,revenue ,code of #aihf1 as added by subsection 7a774 7c7 ,supplementation of ,state and local educational funds ,a ,state educational agency or local educational agency 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja et seq477 shall not reduce or adjust any teacher pay or teacher loan forgiveness program due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section #cf;,c of the ,internal ,revenue ,code of #aihf4 ,each ,state educational agency and local educational agency 7as so defined71 upon request by the ,secretary of the ,treasury1 shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness 7if applicable7 to qualifying schools 7as defined in section #cf;,c7d7 of such ,code7 ensures that each such school receives the same ,state and local funds for teacher compensation it would receive if the credit under such section #cf;,c had not been enacted4 7d7 ,employer limitations 7#a7 ,prohibition of use in collective bargaining ,an employer that engages in collective bargaining with employees who are eligible educators1 as defined in section #cf;,c7c7 of the ,internal ,revenue ,code of #aihf1 shall not include the amount of the teacher tax credit under section #cf;,c of such ,code in determining the amount of salary or other compensation provided to any employee under the collective bargaining agreement4 7#b7 ,prohibition of use as punishment or retribution ,an employer of an eligible educator1 as defined in section #cf;,c of the ,internal ,revenue ,code of #aihf1 shall not change the work assignment or location of the eligible educator if one of the primary reasons for the change is to-- 7,a7 prevent the eligible educator from receiving a teacher tax credit under section #cf;,c of such ,code2 or 7,b7 reduce the amount of the teacher tax credit that the eligible educator will receive4 7#c7 ,enforcement ,notwithstanding any other provision of law1 the ,federal ,labor ,relations ,authority shall have the authority to investigate and enforce any alleged violation of this section in the same manner1 and subject to the same procedures1 as would apply to an allegation of an unfair labor practice under section #gaah of title #e1 ,united ,states ,code4 7#d7 ,definition ,in this subsection-- 7,a7 the term affecting commerce has the meaning given the term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb72 7,b7 the term employee means an employee of an employer who is employed in a business of an employer that affects commerce2 and 7,c7 the term employer means a person1 including a ,state or political subdivision of a ,state1 engaged in a business affecting commerce4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #c4 ,increase in and expansion of deduction for expenses of elementary and secondary school teachers 7a7 ,increase 7#a7 ,in general ,subparagraph 7,d7 of section #fb7;a77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking #bej and inserting #ejj4 7#b7 ,inflation adjustment ,section #fb7;d77#c7 of such ,code is amended-- 7,a7 by striking #bjae and inserting #bjai2 7,b7 by striking the #bej amount and inserting each of the dollar amounts2 and 7,c7 by striking #bjad in subparagraph 7,b7 thereof and inserting #bjah4 7b7 ,expansion to early childhood educators ,section #fb7;d77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking who is a kindergarten and inserting who is-- 7,a7 a kindergarten 2 7#b7 by striking the period at the end and inserting 1 and2 and 7#c7 by adding at the end the following new subparagraph3 7,b7 an early childhood educator 7as defined in section #bjj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba77 in an early childhood education program 7as defined in section #ajc of such ,act 7#bj ,u4,s4,c4 #ajjc77 for at least #a1jbj hours during a year4 4 7c7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this ,act4 #d4 ,mandatory funding to support local educational agencies that maintain or increase teacher salaries ,section #bjjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffjc7 is amended-- 7#a7 in the section heading1 by striking ,authorization of appropriations and inserting ,funding2 and 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,appropriations for part ,a 7#a7 ,in general ,there are authorized to be appropriated1 and there are appropriated1 out of any funds not otherwise appropriated-- 7,a7 for fiscal year #bjbj1 #c1bjj1jjj1jjj to carry out part ,a2 and 7,b7 for fiscal year #bjba and each succeeding fiscal year1 the amount appropriated under this paragraph for the preceding year1 increased by a percentage equal to the annual percentage increase in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor for the most recent calendar year4 7#b7 ,reservation for teacher salary incentive grants 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible local educational agency ,the term eligible local educational agency means a local educational agency that1 for the preceding school year1 maintained or increased the salary schedule for all teachers employed by the local educational agency4 7ii7 ,teacher salary incentive reservation ,the term teacher salary incentive reservation means1 for each fiscal year1 the amount that is #bj percent of the amount by which the funds appropriated under paragraph 7#a7 for the fiscal year exceeds #b1bjj1jjj1jjj4 7,b7 ,in general ,for each fiscal year for which the total amount appropriated under paragraph 7#a7 is greater than #b1bjj1jjj1jjj1 the ,secretary shall1 after making any reservations under section #baja7;a71 reserve and use the teacher salary incentive reservation to award grants1 based on allotments under subparagraph 7,c71 to eligible local educational agencies for purposes described in subparagraph 7,e74 7,c7 ,allotments ,an allotment under this subparagraph for a fiscal year to an eligible local educational agency shall bear the same relationship to the teacher salary incentive reservation as the number of children counted under section #aabd7;c7 who are served by the local educational agency bears to the total number of such children counted under such section served by all eligible local educational agencies that submitted an application under subparagraph 7,d74 7,d7 ,application ,an eligible local educational agency desiring an allotment under this paragraph shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,e7 ,use of funds ,a local educational agency receiving an allotment under subparagraph 7,c7 may use the allotment for any program or activity described in section #bajc7;b7 that the local educational agency selects4 7,f7 ,supplement1 not supplant ,a local educational agency receiving an allotment under subparagraph 7,c7 shall use the allotment to supplement1 and not supplant1 any ,state funds or efforts to raise teacher pay4 4