119-hr896

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 896 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 896

 To direct the Secretary of Education to award grants to State 
 educational agencies for the purpose of implementing, administering, 
and evaluating programs that provide tutoring to students in elementary 
 and secondary schools, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 31, 2025

Ms. Sherrill (for herself, Mr. Fitzpatrick, Mr. David Scott of Georgia, 
and Mr. Thanedar) introduced the following bill; which was referred to 
 the Committee on Education and Workforce

_______________________________________________________________________

 A BILL

 To direct the Secretary of Education to award grants to State 
 educational agencies for the purpose of implementing, administering, 
and evaluating programs that provide tutoring to students in elementary 
 and secondary schools, 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 ``Expanding Access to High-Impact 
Tutoring Act of 2025''.

SEC. 2. AUTHORIZATION AND DISTRIBUTION OF FUNDS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act such sums as may be necessary for 
each of fiscal years 2026 through 2030.

    (b) Distribution of Funds.--Of the amounts made available under 
subsection

    (a) for a fiscal year, the Secretary shall--

    (1) use 80 percent to award or renew grants, as applicable, 
 to State educational agencies to award subgrants to local 
 educational agencies in accordance with 

section 4;

    (2) use 10 percent to coordinate and support the 
 development of a nationwide tutoring workforce in accordance 
 with 

section 7;

    (3) allocate 5 percent to State educational agencies 
 receiving a grant under this Act to carry out evaluation 
 activities under 

section 6

    (b)

    (4) ; and

    (4) allocate 5 percent to the Advisory Board to carry out 
 the activities required under 

section 5.

SEC. 3. HIGH-IMPACT TUTORING GRANT PROGRAM ESTABLISHED.

    (a) In General.--For the purpose of improving the academic 
achievement and recovery of students, as defined by each State 
educational agency's academic standards pursuant to 

section 1111 of 
part A of title I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.), the Secretary of Education shall award grants 
to each State educational agency with an approved application under 
subsection

    (b) .

    (b) Application.--A State educational agency seeking a grant under 
this section shall submit to the Secretary and the Advisory Board an 
application each year in such form and containing such information as 
the Secretary may require, and which shall include the applications and 
plans submitted by local educational agencies to State educational 
agencies during that year, during which time such applications and 
plans will be approved by the Secretary and Advisory Board.
            (c) Grant Amounts.--Of the total amount made available for a fiscal 
year pursuant to 

section 2

    (b)

    (1) , the Secretary shall award to each 
State educational agency a grant in an amount that bears the same 
proportion to such total amount as--

    (1) the amount that such agency received under part A of 
 title I of the Elementary and Secondary Education Act of 1965 
 (20 U.S.C. 6311 et seq.) for the fiscal year immediately 
 preceding the fiscal year in which such grant is awarded; bears 
 to

    (2) the total amount allocated under part A of title I of 
 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
 6311 et seq.) for such fiscal year.

SEC. 4. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) In General.--A State educational agency that receives a grant 
under 

section 3 shall award, on a competitive basis and in coordination 
with the Advisory Board, subgrants to local educational agencies served 
by such State educational agency for the implementation, 
administration, and evaluation of tutoring programs in elementary and 
secondary schools.

    (b) Priority.--In awarding subgrants under this section, a State 
educational agency shall prioritize local educational agencies, in 
coordination with the Advisory Board, based upon--

    (1) the number or percentage of students eligible for 
 services under title I of the Elementary and Secondary 
 Education Act (20 U.S.C. 1001 et seq.) that will be served by 
 the tutoring programs;

    (2) the level of decline in students' academic achievement, 
 relative to each State educational agency's academic standards 
 pursuant to 

section 1111 of part A of title I of the Elementary 
 and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), 
 since the declaration of COVID-19 as a nationwide Public Health 
 Emergency on January 31, 2020;

    (3) the quality and rigor of the tutoring programs as 
 described in the plan submitted under subsection
            (c) (2) , 
 including--
        (A) the number of hours of tutoring per school day; 
 and
        (B) number of days of tutoring per week during the 
 school year; and

    (4) whether the local educational agency has allocated 
 American Rescue Plan Elementary and Secondary School Emergency 
 Relief Fund funding to tutoring programs that have demonstrated 
 significant results in improving student achievement, with 
 prioritization for local educational agencies that have 
 implemented proven programs using American Rescue Plan 
 Elementary and Secondary School Emergency Relief Fund funds.
            (c) Application.--

    (1) Application.--A local educational agency seeking a 
 subgrant under this section shall submit to the State 
 educational agency an application in such form, at such time, 
 and containing such information as the State educational agency 
 and Advisory Board determines appropriate, including the plan 
 described in paragraph

    (2) .

    (2) Plan.--The plan required under paragraph

    (1) shall 
 include the following:
        (A) How subgrant funds will be used to implement 
 tutoring programs that meet the requirements of 

section 6

    (b) .
        (B) If such tutoring programs will not be 
 implemented in all elementary and secondary schools 
 served by the local educational agency, the schools in 
 which such agency plans to implement such programs.
            (C) If such tutoring programs will not serve each 
 grade level in an elementary and secondary school, 
 which such grade levels will be served by such 
 programs.
            (D) How such tutoring programs will be 
 administered, including--
            (i) the number of hours of tutoring per 
 school day and number of days of tutoring per 
 week during the school year, including--
            (I) how such tutoring programs will 
 structure the timing of their sessions 
 to fit at least 30 minutes of tutoring 
 per student for at least 3 days per 
 week into student schedules; or
            (II) a request for approval from 
 the Advisory Board, in coordination 
 with the State educational agency, to 
 use an alternative timing format 
 because of scheduling or labor 
 constraints, as applicable; and
            (ii) a plan to--
            (I) ensure maintenance of the 3-to-
 1 student-to-tutor ratio or ratio 
 determined by the Advisory Board; or
            (II) request approval from the 
 Advisory Board, in coordination with 
 the State educational agency, to 
 maintain a different student-to-teacher 
 ratio.
        (E) The qualifications of tutors (including 
 teachers, paraprofessionals, or volunteers from a 
 government or nonprofit service organization) and 
 subjects taught (including math, reading, or both).
        (F) A plan to--
            (i) not fewer than 2 times per month, 
 provide, in coordination with the Advisory 
 Board, training and professional development 
 for tutors; and
            (ii) not fewer than 1 time per month, 
 ensure that each tutor is observed by a program 
 administrator.
        (G) Whether the tutoring programs will be run by 
 the local educational agency or in partnership with a 
 nonprofit provider, including, in the case of such a 
 partnership--
            (i) identifying and submitting the 
 nonprofit provider to the Advisory Board for 
 approval, in coordination with the State 
 educational agency, including with respect to 
 how--
            (I) the nonprofit provider was 
 selected; and
            (II) such provider will partner 
 with the local educational agency to 
 carry out the tutoring program; and
            (ii) a plan to carry out the tutoring 
 program if the nonprofit provider is not 
 approved by the Advisory Board, in coordination 
 with the State educational agency.
        (H) How such tutoring programs will be designed to 
 improve the academic achievement and recovery of 
 students, as defined by each State educational agency's 
 academic standards pursuant to 

section 1111 of part A 
 of title I of the Elementary and Secondary Education 
 Act of 1965 (20 U.S.C. 6311 et seq.).
            (I) How the local educational agency, in 
 coordination with the State educational agency, will 
 partner with a government or nonprofit research 
 organization or researchers to evaluate the impact of 
 the tutoring programs on academic achievement and 
 recovery of students, as defined by each State 
 educational agency's academic standards pursuant to 
 

section 1111 of part A of title I of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 6311 et 
 seq.), including identifying and submitting the 
 organization or researchers to the Advisory Board for 
 approval.
        (J) How the local educational agency will partner 
 with State and local educator unions to bargain, or 
 where bargaining is not permitted, collaborate, over 
 any workplace-related issues or outcomes related to the 
 implementation of a tutoring program in the elementary 
 or secondary school at which members of such union are 
 working, including educator responsibilities and 
 compensation.
            (d) Subgrant Period and Allocation of Subgrant Funds.--

    (1) In general.--A subgrant awarded under this Act shall be 
 for a period of 4 years.

    (2) Annual allocation of subgrant funds.--Subgrant funds 
 awarded to a local educational agency under this section for 
 the subgrant period described in paragraph

    (1) shall be 
 allocated to such agency--
        (A) in equal amounts for each year of such period; 
 and
        (B) with respect to each year in the grant period 
 following the first year of such period, in accordance 
 with paragraph

    (3) .

    (3) Annual report.--
        (A) Report required.--
            (i) In general.--In order to receive the 
 annual allocation under paragraph

    (2) for any 
 year described in subparagraph
        (B) of such 
 paragraph, a local educational agency shall 
 submit to the State educational agency, at the 
 conclusion of each year of such subgrant 
 period, an annual report containing a 
 compilation of the monthly reports submitted to 
 the State educational agency and Advisory Board 
 under 

section 6

    (b)

    (5) for such year.
            (ii) Exception.--In the case of a local 
 educational agency that received an annual 
 allocation for a year during such subgrant 
 period after submitting an updated plan under 
 clauses
            (i) or
            (ii) of subparagraph
            (C) , such 
 agency shall not, with respect to the monthly 
 report for a month during which such agency 
 awaited approval by the Secretary of such 
 updated plan and did not have access to such 
 annual allocation, be required to--
            (I) submit such report to the State 
 educational agency or Advisory Board 
 under 

section 6

    (b)

    (5) ; or
            (II) include such report in the 
 annual report under clause
            (i) for such 
 year.
        (B) Review.--
            (i) Criteria.--The State educational 
 agency, in coordination with the Advisory 
 Board, shall review the annual report submitted 
 under subparagraph
        (A)
            (i) for such year and 
 make a determination with respect to whether 
 the tutoring programs carried out by such local 
 educational agency are improving the academic 
 achievement and recovery of students, as 
 defined by each State educational agency's 
 academic standards pursuant to 

section 1111 of 
 part A of title I of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 6311 
 et seq.).
            (ii) Determination.--If the State 
 educational agency, in coordination with the 
 Advisory Board, makes a determination under 
 clause
            (i) that such tutoring programs are--
            (I) improving such student 
 outcomes, the State educational agency 
 shall make available to the local 
 educational agency the annual 
 allocation for such year; or
            (II) not improving such student 
 outcomes, the State educational agency 
 shall direct the local educational 
 agency to submit an updated plan in 
 accordance with subparagraph
            (C) .
            (C) Resubmission.--
            (i) Updated plan.--
            (I) In general.--If the State 
 educational agency, in coordination 
 with the Advisory Board, makes a 
 determination under subparagraph
        (B)
            (ii) 
            (II) that such tutoring programs 
 are not improving such student 
 outcomes, the local educational agency 
 shall, not later than 3 months after 
 the date of the submission of the 
 annual plan under subparagraph
        (A)
            (i) --

    (aa) create an updated plan 
 that--

    (AA) indicates how 
 the design of such 
 tutoring programs will 
 be changed to improve 
 such student outcomes; 
 and

    (BB) does not 
 change the distribution 
 of individual schools 
 or individual grade 
 levels that receive 
 subgrant funding from 
 the local educational 
 agencies, except for 
 withdrawing funding 
 from programs whose 
 resubmitted plan is 
 deemed to not improve 
 student outcomes 
 pursuant to subsection
            (c) 
            (ii) 
            (II) (bb) ; and

    (bb) submit such updated 
 plan to the State educational 
 agency.
            (II) Determination.--If the State 
 educational agency, in coordination 
 with the Advisory Board, makes a 
 determination that the tutoring program 
 design described in such updated plan--

    (aa) will improve such 
 student outcomes, the State 
 educational agency shall make 
 available to the State 
 educational agency the annual 
 allocation for such year; or

    (bb) will not improve such 
 outcomes, the State educational 
 agency shall direct the local 
 educational agency to resubmit 
 such updated plan in accordance 
 with clause
            (ii) .
            (ii) Advisory board.--
            (I) If the State educational 
 agency, in coordination with the 
 Advisory Board, makes a determination 
 under clause
            (i) 
            (II) (bb) that the 
 tutoring program design described in 
 such updated plan will not improve such 
 student outcomes, the local educational 
 agency shall, not later than 3 months 
 after the date of the submission of 
 such updated plan--

    (aa) make changes, in 
 coordination with the State 
 educational agency and Advisory 
 Board, to the tutoring design 
 described in such updated plan 
 to ensure that such tutoring 
 design will improve such 
 student outcomes; and

    (bb) resubmit such updated 
 plan to the State educational 
 agency.
            (II) Determination.--If the State 
 educational agency, in coordination 
 with the Advisory Board, makes a 
 determination that the tutoring program 
 design described in such resubmitted 
 plan--

    (aa) will improve such 
 student outcomes, the State 
 educational agency shall make 
 available to the local 
 educational agency the annual 
 allocation for such year; or

    (bb) will not improve such 
 student outcomes, the State 
 educational agency shall 
 declare such agency ineligible 
 to receive an annual allocation 
 for the remainder of the 
 subgrant period.
            (iii) New application.--A local educational 
 agency that is declared ineligible to receive 
 an annual allocation for the remainder of a 
 grant period under clause
            (ii) 
            (II) (bb) may, at 
 any point after the conclusion of such grant 
 period, submit an application for a subgrant 
 under this section.

    (e) Subgrant Renewal.--

    (1) In general.--The State educational agency shall, at the 
 conclusion of the subgrant period described in subsection
            (d) (1) , renew a subgrant for a local educational agency that--
        (A) submits an application described in paragraph

    (2) ;
        (B) was not declared ineligible to receive annual 
 allocations under subsection
            (d) (3)
            (C) 
            (ii) 
            (II) (bb) during such grant period; and
            (C) the State educational agency, in coordination 
 with the Advisory Board, determines, based on such 
 application, is sufficiently carrying out tutoring 
 programs that meet the requirements under 

section 6

    (b) .

    (2) Application.--At the conclusion of the subgrant period 
 described in subsection
            (d) (1) , a local educational agency 
 seeking renewal of a subgrant awarded under this section may 
 submit to the State educational agency an application that 
 includes--
        (A) a compilation of the annual reports submitted 
 under subsection
            (d) (3)
        (A)
            (i) for the grant period; and
        (B) the most recent evaluation conducted pursuant 
 to 

section 6

    (b)

    (4) .

    (f) Supplement Not Supplant.--Subgrant funds awarded under this 
section shall supplement, not supplant, other Federal or State funds 
available to carry out activities described in this section.

SEC. 5. ADVISORY BOARD.

    (a) In General.--The Secretary shall establish within the 
Department of Education an Advisory Board to carry out the duties 
described in subsection
            (d) .

    (b) Membership.--The Advisory Board shall be composed of not fewer 
than 5 members, appointed by the Secretary--

    (1) who have--
        (A) expertise in designing and administering 
 elementary and secondary tutoring programs; or
        (B) experience in program evaluation and evidence-
 based policy development; and

    (2) including at least 1 member who is an educator or 
 representative of an educator union.
            (c) Terms.--Each member shall be appointed for a term of 4 years 
and may be reappointed for additional 4-year terms.
            (d) Duties.--The Advisory Board shall:

    (1) Evaluate and approve, in coordination with State 
 educational agencies, plans submitted under 

section 4
            (c) (2) to 
 ensure that local educational agencies--
        (A) will meet the tutoring program requirements 
 under 

section 6

    (b) and will implement programs so as to 
 have the greatest impact on student academic outcomes, 
 including by considering--
            (i) the quality and appropriateness of the 
 instructional method; and
            (ii) the degree to which instructional 
 choices are supported by evidence or are 
 appropriate to the setting, such as using 
 virtual tutoring when in-person tutoring is not 
 feasible; and
        (B) will conduct evaluations of the tutoring 
 programs in partnership with State educational agencies 
 and government or nonprofit research organizations or 
 researchers.

    (2) Provide technical assistance and guidance to State and 
 local educational agencies receiving a grant or subgrant under 
 this Act with respect to--
        (A) maintaining the student-to-tutor ratio required 
 by the Advisory Board;
        (B) meeting the requirement of 30 minutes of 
 tutoring per student per day for at least 3 days per 
 week;
            (C) in the case of a local educational agency 
 requesting to partner with a nonprofit provider to 
 implement tutoring programs, recommendations for such 
 nonprofit providers; and
            (D) best practices for the establishment and 
 administration of tutoring programs and implementation 
 of such programs by local educational agencies and not 
 in partnership with nonprofit providers.

    (3) Review and issue, in coordination with State 
 educational agencies, a decision with respect to--
        (A) a request by a local educational agency under 
 

section 4
            (c) (2)
            (D) 
            (i) 
            (II) to maintain an alternative 
 timing format, approving such request only if available 
 evidence supports that alternative format as likely to 
 be effective in boosting student outcomes;
        (B) a request by a local educational agency under 
 

section 4
            (c) (2)
            (D) 
            (ii) 
            (II) to maintain a student-to-
 tutor ratio that is higher than the ratio required by 
 the Advisory Board;
            (C) the government or nonprofit research 
 organization or researchers submitted by a local 
 educational agency under 

section 4
            (c) (2)
            (I) ; and
            (D) in the case of a local educational agency 
 seeking to partner with a nonprofit provider, the 
 nonprofit provider submitted by such agency under 
 

section 4
            (c) (2)
        (G)
            (i) .

    (4) In the case of a local educational agency that chooses 
 an experimental research design with respect to the evaluation 
 required under 

section 6

    (b)

    (4) , provide the organization with 
 which the local educational agency partnered pursuant to such 
 section additional resources to carry out the evaluation.

    (5) Coordinate, with State and local educational agencies, 
 the training and professional development for tutors described 
 in 

section 4
            (c) (2)
        (F)
            (i) to ensure such training and 
 professional development maximizes the sharing of best 
 practices and dissemination of evidence-based tutoring methods, 
 provided that the Advisory Board does not require such agencies 
 to adhere to any allocations of time or resources with respect 
 to such training and professional development.

    (6) Periodically assess and update--
        (A) based on the most up-to-date research at the 
 time of assessment, the student-to-tutor ratio; and
        (B) on a program-by-program basis and based on the 
 effectiveness, evaluation status, and number of years 
 of existence of such program, the required frequency of 
 tutor trainings, professional development, and 
 observation.

    (7) Develop and publish, based on the evaluations of 
 tutoring programs under 

section 6

    (b)

    (4) and outside evaluations 
 and studies of such tutoring programs, a database of--
        (A) different tutoring methods and the impact of 
 each such method on the academic achievement and 
 recovery of students as defined by each State 
 educational agency's academic standards pursuant to 
 

section 1111 of part A of title I of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 6311 et 
 seq.); and
        (B) evidence-based models for structuring the 
 timing of tutoring sessions, including--
            (i) how to create, in addition to regular 
 classes, a tutoring class;
            (ii) how to allocate, at the discretion of 
 the teacher, time during regular classes during 
 which students may receive tutoring; and
            (iii) how to identify an optimal time 
 during the school day for tutoring outside of 
 regular classes.

    (8) Develop, in coordination with the Secretary and the 
 State educational agencies receiving a grant under this Act, a 
 nationwide tutoring workforce in accordance with 

section 7.

SEC. 6. SUBGRANT USES.

    (a) In General.--

    (1) Implementation.--A local educational agency receiving a 
 subgrant under 

section 4 shall use such subgrant funds to 
 implement tutoring programs that meet the requirements 
 described in subsection

    (b) in each elementary and secondary 
 school served by such State educational agency.

    (2) Nonprofit provider.--A local educational agency shall 
 have the option of partnering with a nonprofit provider, 
 including an institution of higher education or other 
 government agency, to implement tutoring programs that meet the 
 requirements described in subsection

    (b) , after certifying to 
 the State educational agency that the nonprofit provider has 
 experience and expertise in implementing high-quality tutoring 
 programs. Local educational agencies will be required to 
 develop a long-term plan to operate tutoring programs without a 
 nonprofit provider and taught by licensed elementary or 
 secondary school teachers or paraprofessionals, with an 
 exemption available if the local educational agency certifies 
 and the State educational agency approves that it is unable to 
 run such a program without a nonprofit due to labor shortages.

    (b) Program Requirements.--

    (1) Instruction.--A program carried out by a local 
 educational agency pursuant to subsection

    (a) shall provide 
 tutoring--
        (A) in math, reading, or both subjects for at least 
 30 minutes during the school day and for at least 3 
 days per week during the school year;
        (B) taught by a compensated licensed elementary or 
 secondary school teacher or paraprofessional, subject 
 to the terms of 

section 8, or a volunteer working 
 within a government or nonprofit service organization, 
 with a student-to-tutor ratio of no more than 3-to-1, 
 unless such ratio is updated by the Advisory Board 
 under 

section 5
            (d) (6)
        (A) ;
            (C) on a set schedule and with the same tutor each 
 week;
            (D) that, in the case of tutoring that takes place 
 during a regular class, occurs in a classroom or area 
 that is separate from such regular class; and
        (E) that, with respect to a student, is related to 
 and aligned with the classwork in the student's regular 
 classes.

    (2) Training and observation.--A program carried out by a 
 local educational agency pursuant to subsection

    (a) shall--
        (A) not fewer than 2 times per month and in 
 coordination with the State educational agency and 
 Advisory Board, provide training and professional 
 development for tutors.
        (B) not fewer than 1 time per month, ensure that 
 each tutor is observed by a program administrator.

    (3) Technology.--
        (A) In general.--A program carried out by a local 
 educational agency pursuant to subsection

    (a) may 
 provide the option to incorporate educational 
 technology, computer-assisted software, and virtual 
 instruction during tutoring sessions.
        (B) Virtual instruction.--If the State educational 
 agency, in coordination with the Advisory Board, makes 
 a determination under 

section 4
            (d) (3)
        (B)
            (ii) that such 
 a tutoring program is not improving student outcomes, 
 the program's updated plan under 

section 4
            (d) (3)
            (C) 
            (i) must include a plan to transition to in-person tutoring 
 for that program.

    (4) Evaluations.--A program carried out by a local 
 educational agency pursuant to subsection

    (a) shall, not less 
 than 1 time per subgrant period described in 

section 4
            (d) (1) , 
 partner with a government or nonprofit research organization, 
 subject to approval from the Advisory Board in coordination 
 with the State educational agency, to evaluate the impact of 
 the tutoring programs on the academic achievement and recovery 
 of students, as defined by each State educational agency's 
 academic standards pursuant to 

section 1111 of part A of title 
 I of the Elementary and Secondary Education Act of 1965 (20 
 U.S.C. 6311 et seq.), including by using quasi-experimental or 
 experimental research designs, with a preference for 
 experimental designs.

    (5) Monthly reports.--Except as provided under 

section 4
            (d) (3)
        (A)
            (ii) 
            (I) , a local educational agency carrying out a 
 program shall submit to the Advisory Board and State 
 educational agency monthly reports, with respect to each such 
 month during the subgrant period described in 

section 4
            (d) (1) , 
 containing information with respect to--
        (A) the number of hours of tutoring per school day;
        (B) the number of days of tutoring per week; and
            (C) the number of students that received tutoring.

SEC. 7. NATIONWIDE TUTORING WORKFORCE.

    (a) In General.--The Advisory Board, in coordination with the 
Secretary, the State educational agencies receiving a grant under this 
Act, institutions of higher education, government or nonprofit service 
organizations, and State and local workforce boards, shall develop a 
nationwide tutoring workforce.

    (b) Activities.--The Advisory Board shall:

    (1) Identify the number of tutors that will be required to 
 implement tutoring programs that meet the requirements under 
 

section 6

    (b) at each school receiving funds under title I of 
 the Elementary and Secondary Education Act (20 U.S.C. 1001 et 
 seq.).

    (2) Provide, in consultation with States, funding to 
 institutions of higher education and State and local workforce 
 boards to create a tutoring workforce that meets the staffing 
 needs identified in paragraph

    (1) by recruiting and training 
 additional teachers, paraprofessionals, and volunteers working 
 within a government or nonprofit service organization.

    (3) Provide, in consultation with States, funding to local 
 educational agencies to implement Grow Your Own programs, 
 through which school districts, community-based organizations, 
 and colleges partner to recruit and train community members as 
 educators, to develop locally-driven tutor workforces under 
 which local educational agencies will recruit and provide 
 workforce development training for--
        (A) community members; and
        (B) school staff members that are not tutors, 
 provided that--
            (i) tutoring by such staff member is not 
 included as an additional job responsibility;
            (ii) tutoring by such staff member is 
 voluntary; and
            (iii) such staff member will not be 
 subjected to disciplinary action or penalty for 
 declining to tutor.

    (4) Coordinate with government or nonprofit service 
 organizations such as AmeriCorps to recruit and train 
 volunteers to work in tutoring programs in local educational 
 agencies with teacher and paraprofessional shortages.

    (5) Coordinate with institutions of higher education and 
 State and local educational agencies to recruit and train 
 students at institutions of higher education who are studying 
 to pursue a career in education to work for tutoring programs 
 in local educational agencies with teacher and paraprofessional 
 shortages.

    (6) Develop and administer a pilot program to provide 
 funding for training and compensation of graduates from 
 institutions of higher education if such graduates commit to 
 tutoring for at least 2 years in schools receiving funds under 
 title I of the Elementary and Secondary Education Act (20 
 U.S.C. 1001 et seq.).

SEC. 8. BARGAINING.

    (a) In General.--If the implementation of a tutoring program 
pursuant to this Act is expected to affect the terms and conditions of 
employment of any local educational agency employee, then before the 
subgrant is awarded such program must be agreed to through bargaining, 
or where bargaining does not exist, through collaboration with the 
State or local educator union, with the Secretary working to mediate 
any disputes if an agreement cannot be reached.

    (b) Conflicts.--In the event that any requirements under this Act 
conflict with 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 requirements 
that local educational agencies negotiate or meet and confer in good 
faith) or under the terms of collective bargaining agreements, 
memoranda of understanding, or other agreements between such school or 
local educational agency and their employees, the latter shall control, 
and compliance with the latter will not provide a basis for withholding 
funds under this law.

SEC. 9. DEFINITIONS.

 In this Act:

    (1) ESEA terms.--The terms ``Department'', ``elementary 
 school'', ``local educational agency'', ``secondary school'', 
 ``Secretary'', ``State'', and ``State educational agency'' have 
 the meanings given such terms in 

section 8101 of the Elementary 
 and Secondary Education Act of 1965 (20 U.S.C. 7801).

    (2) Program administrator.--The term ``program 
 administrator'' means an individual from a State educational 
 agency or local educational agency who--
        (A) ensures that a tutoring program carried out 
 pursuant to a grant under this Act is meeting the 
 requirements under 

section 6

    (b)

    (1) ;
        (B) manages the tutor training and professional 
 development in accordance with 

section 6

    (b)

    (2)
        (A) ; and
            (C) conducts tutor observations in accordance with 
 

section 6

    (b)

    (2)
        (B) .
 <all>