Rules

(a) In general Subpart 5 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), as added by section 211 and amended by sections 212, 213, and 214, is further amended by adding at the end the following: 2255. Rules (a) Rule of construction for collective bargaining (1) In general Subject to paragraph (2), nothing in section 2253 or 2254 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. (2) Compliance Paragraph (1) shall not be construed to exempt a State, local educational agency, or school from complying with salary or wage requirements in sections 2253 or 2254 or from negotiating in compliance with State labor laws to comply with sections 2253 or 2254. (b) Rule of construction for additional pay or other salary augmenting systems Nothing in sections 2253 or 2254 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— (1) for additional skills, knowledge, duties, and responsibilities; (2) by salary systems that increase teachers’ compensation through supplemental pay that is not part of an annual base salary; or (3) through the provision of bonuses, stipends, or awards. (c) No waiver authority Section 8401 shall not apply to this subpart. (d) Supplement not supplant (1) In general A State shall use Federal funds received under sections 2253 or 2254 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. (2) Compliance The Secretary shall use funds described in section 2254(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.. (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 2245 the following: SUBPART 5—Modernizing the teaching profession Sec. 2251. Definitions. Sec. 2252. State commissions to advance the teaching profession. Sec. 2253. Advancing the teaching profession grants. Sec. 2254. Pay Paraprofessionals and Education Support Staff Act. Sec. 2255. Rules..