[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1570 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1570

To provide for high-quality academic tutoring for low-income students, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2011

  Mr. McCain introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To provide for high-quality academic tutoring for low-income students, 
                        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 ``Tutoring for Students Act''.

SEC. 2. SCHOOL IMPROVEMENT.

    Title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) is amended by adding at the end the following:

          ``PART J--ACADEMIC TUTORING FOR LOW-INCOME STUDENTS

``SEC. 1951. ACADEMIC TUTORING FOR LOW-INCOME STUDENTS.

    ``(a) Definitions.--In this section:
            ``(1) Eligible student.--The term `eligible student' means 
        a student from a low-income family, as determined by the local 
        educational agency for purposes of allocating funds to schools 
        under section 1113(c)(1).
            ``(2) High-quality academic tutoring.--The term `high-
        quality academic tutoring' means tutoring and other 
        supplemental academic enrichment services that are--
                    ``(A) in addition to regular classroom instruction 
                provided by the local educational agency, and may be 
                scheduled before, during, or after the school day and 
                during the summer; and
                    ``(B) of the highest quality, research-based, and 
                specifically designed to increase the academic 
                achievement of eligible students on the academic 
                assessments required under section 1111(b)(3).
            ``(3) Provider.--The term `provider' means a nonprofit 
        entity, a for-profit entity, or a local educational agency 
        that--
                    ``(A) has a demonstrated record of effectiveness in 
                increasing student academic achievement;
                    ``(B) is capable of providing high-quality academic 
                tutoring that is consistent with the instructional 
                program of the local educational agency and the State 
                challenging academic content standards and challenging 
                student academic achievement standards described under 
                section 1111; and
                    ``(C) is financially sound.
    ``(b) State Reservations.--Each State shall reserve 10 percent of 
the amount the State receives under subpart 2 of part A, for each 
fiscal year, to carry out a system of high-quality academic tutoring to 
eligible students in accordance with this section.
    ``(c) Uses.--
            ``(1) In general.--Of the funds reserved under subsection 
        (b) for any fiscal year, a State educational agency--
                    ``(A) may reserve not more than 3 percent of such 
                amount for administration, evaluation, and technical 
                assistance consistent with subsection (h); and
                    ``(B) shall allocate not less than 97 percent of 
                such amount directly to eligible local educational 
                agencies meeting the requirements under subsection (d) 
                as subgrants according to the formula described in 
                paragraph (2).
            ``(2) Formula.--From the funds reserved under subsection 
        (b) and not reserved under paragraph (1)(A) for a fiscal year, 
        a State educational agency shall allot to each eligible local 
        educational agency an amount that bears the same relationship 
        to such funds as the amount such agency received under subpart 
        2 of part A for the preceding fiscal year bears to the amount 
        all eligible local educational agencies received under subpart 
        2 of part A for the preceding fiscal year.
    ``(d) Grants to Local Educational Agencies.--To be eligible to 
receive a subgrant from a State educational agency under this section, 
a local educational agency, shall, as part of any plan submitted under 
part A, submit to the State educational agency an application that 
includes, at a minimum, the following information and assurances:
            ``(1) A description of how the local educational agency 
        will use not less than 90 percent of the funds received under 
        subsection (c) to enable eligible students to receive high-
        quality academic tutoring selected by parents from among a list 
        of providers approved by the State in accordance with 
        subsection (h).
            ``(2) A description of how the local educational agency 
        will enroll eligible students in high-quality academic 
        tutoring, giving priority to those students served by the 
        agency who have the greatest academic need based primarily upon 
        the performance on State assessments required under this title, 
        or to those schools with the highest proportion of such 
        students relative to other schools served by such agency.
            ``(3) A description of how the local educational agency 
        will provide, at a minimum, annual notice to parents (in an 
        understandable and uniform format and, to the extent 
        practicable, in a language the parents can understand) of--
                    ``(A) the availability of services under this 
                section;
                    ``(B) the identity of approved providers of those 
                services that are within the geographic area served by 
                the local educational agency or whose services are 
                reasonably available in geographic areas served by 
                neighboring local educational agencies; and
                    ``(C) the services, qualifications, and 
                demonstrated effectiveness of each such provider, which 
                shall include summaries of the evaluations for each 
                provider collected by the State under subsection 
                (h)(10).
            ``(4) An assurance that the local educational agency will 
        not disclose to the public the identity of any student who is 
        eligible for, or receiving, high-quality academic tutoring 
        under this section without the written permission of the 
        parents of the student.
            ``(5) A description of the process the local educational 
        agency will use to develop agreements with providers selected 
        by a parent which shall--
                    ``(A) include a statement of specific achievement 
                goals for the student, how the student's progress will 
                be measured, and a timetable for improving achievement 
                that, in the case of a student with disabilities, is 
                consistent with the student's individualized education 
                program under section 614(d) of the Individuals with 
                Disabilities Education Act, which may be developed by 
                the provider in consultation with the parent and the 
                local educational agency;
                    ``(B) describe how the student's parents and the 
                student's teacher will be regularly informed of the 
                student's progress;
                    ``(C) provide for the opportunity for a provider to 
                address any deficiencies in such goals and timetables 
                and if necessary after such opportunity, termination of 
                such agreement if the provider is unable to meet such 
                goals and timetables;
                    ``(D) contain provisions with respect to the making 
                of timely payments to the provider by the local 
                educational agency; and
                    ``(E) prohibit the provider from disclosing to the 
                public the identity of any student eligible for, or 
                receiving, high-quality academic tutoring under this 
                section without the written permission of the parents 
                of such student.
            ``(6) An assurance that the local educational agency will 
        allow providers to use school facilities to deliver high-
        quality academic tutoring, either free of charge or for a 
        reasonable fee, in which case such fee and terms shall be 
        identical across all groups that seek access to the school 
        facilities.
            ``(7) A description of how, in cases where it is not 
        possible to have all providers provide high-quality academic 
        tutoring in a local educational agency's school buildings, the 
        agency will select providers, taking into consideration input 
        from principals of schools where providers will operate on-
        site, in a manner that is fair, open, and objective and 
        provides parents with as diverse and large a group of on-site 
        providers as possible, which may include faith-based and other 
        community-based providers.
            ``(8) An assurance that the local educational agency will 
        facilitate the State's responsibility to monitor and oversee 
        providers.
            ``(9) In the case of a rural local educational agency in 
        which no providers approved by the State have selected to serve 
        such school district served by the local educational agency, a 
        description of how the agency will provide such services or use 
        the funds for other purposes which meet the needs of the lowest 
        performing students served by the local educational agency.
            ``(10) In the case of a local educational agency that is 
        approved by the State as an eligible provider pursuant to 
        subsection (h), a description of how such agency will ensure a 
        fair and transparent process in the administration of the high-
        quality academic tutoring program, including with respect to 
        parental notification, enrollment of students, school site 
        access, and other administrative duties described in this 
        section.
            ``(11) An assurance that student achievement data will be 
        shared between the local educational agency and providers to 
        ensure better communication with the local educational agency 
        and school and to better track student performance in the 
        context of the school the student is attending, consistent with 
        applicable privacy laws, including section 444 of the General 
        Education Provisions Act (commonly known as the `Family 
        Educational Rights and Privacy Act of 1974').
            ``(12) A description of the local educational agency's plan 
        to inform eligible students of the availability of high-quality 
        academic tutoring, which shall include--
                    ``(A) posting the common statewide student 
                application on the agency's Web site;
                    ``(B) conducting enrollment of eligible students 
                throughout the year in conjunction with approved 
                providers and community-based organizations to ensure 
                that eligible students have full opportunities to 
                participate; and
                    ``(C) ensuring high-quality academic tutoring 
                services are provided in a timely manner, including 
                notification to eligible families, enrolling students, 
                and contracting with providers to ensure that services 
                begin not later than 60 days after the start of the 
                school year.
    ``(e) LEA Return of Funds to State; Reallocation.--
            ``(1) Return.--Except as provided in paragraph (2), upon 
        the expiration of the 1-year period beginning on the date on 
        which a local educational agency receives its allocation under 
        this section--
                    ``(A) such agency shall return to the State 
                educational agency any funds from such allocation that 
                remain unobligated; and
                    ``(B) the State educational agency shall reallocate 
                any such returned funds to local educational agencies 
                that have applications approved by the State for using 
                such funds for activities under this section on a 
                timely basis.
            ``(2) Carryover.--
                    ``(A) In general.--In any fiscal year, a local 
                educational agency may retain for obligation in the 
                succeeding fiscal year to carry out activities in 
                accordance with this section--
                            ``(i) an amount equal to not more than 5 
                        percent of the allocation it received under 
                        this section for such fiscal year; or
                            ``(ii) upon a demonstration of good cause 
                        by such agency and approval by the State 
                        educational agency, an amount that exceeds 5 
                        percent of such allocation.
                    ``(B) Exclusion from calculation.--Amounts carried 
                over by a local educational agency under this paragraph 
                shall be excluded from the calculation of the carryover 
                provisions under this title as described in section 
                1127.
    ``(f) Consortia.--Local educational agencies may form a consortium 
for the purpose of submitting an application under subsection (d) 
allowing for such agencies to develop and implement a uniform process 
related to parental notification, enrollment of students, and other 
administrative duties described in subsection (d).
    ``(g) Timely Approval of Application.--State educational agencies 
shall provide timely notice to local educational agencies with respect 
to the approval of applications under subsection (d), which shall be 
not less than 120 days before the first day of school, as to ensure the 
ability of local educational agencies with approved applications to 
provide services to students not later than 60 days after the first day 
of school.
    ``(h) State Educational Agency Activities.--From funds made 
available under subsection (c)(1)(A), a State educational agency shall 
carry out the following activities:
            ``(1) Assist local educational agencies in the development 
        of applications described in subsection (d) to ensure the 
        greatest participation by agencies as possible, including with 
        respect to those agencies located in rural areas.
            ``(2) Determine which local educational agencies shall 
        apply for grants under this section, which shall include the 
        lowest performing local educational agencies statewide as 
        measured by academic achievement measures.
            ``(3) Develop a process for the selection of eligible 
        providers of high-quality academic tutoring which shall--
                    ``(A) include the input from local educational 
                agencies, parents, teachers, and other interested 
                members of the public;
                    ``(B) promote participation by the highest quality 
                providers to ensure, to the extent practicable, that 
                parents have the best available choices as possible;
                    ``(C) be based upon a demonstrated record of 
                effectiveness in increasing the academic proficiency of 
                students in subjects relevant to meeting the State 
                challenging academic content standards and challenging 
                student academic achievement standards;
                    ``(D) include in-person presentations of 
                applications to the State educational agency;
                    ``(E) require providers to demonstrate--
                            ``(i) that the provider's curricula are 
                        aligned to State challenging academic content 
                        standards and challenging student academic 
                        achievement standards;
                            ``(ii) that the provider has not less than 
                        5 years of continuous operating experience 
                        providing education instruction to youth;
                            ``(iii) that the provider uses 
                        instructional methods and materials that are 
                        research-based;
                            ``(iv) financial stability, which may 
                        include a financial audit, evidence of 
                        sufficient working capital, or other means; and
                            ``(v) that the provider employs tutors that 
                        meet State-determined qualifications; and
                    ``(F) subject to the removal process described in 
                paragraph (11), approve providers for not less than 5 
                years.
            ``(4) Maintain an updated list of approved providers across 
        the State, by school district, from which parents may select.
            ``(5) Ensure that, in the case of a local educational 
        agency that is approved as an eligible provider, that the local 
        educational agency provides a fair and transparent process, as 
        described in subsection (d)(10), in the administration of the 
        high-quality academic tutoring program.
            ``(6) Establish a process to accept and resolve complaints 
        about the activities described in this section within 45 days.
            ``(7) Provide annual notice to potential providers of high-
        quality academic tutoring of the opportunity to provide 
        services under this section and of the applicable procedures 
        for obtaining approval from the State educational agency to be 
        an approved provider of those services.
            ``(8) Develop a common statewide student application form 
        to be used by local educational agencies that is completed by 
        parents of eligible students when enrolling in high-quality 
        academic tutoring.
            ``(9) Conduct program monitoring of grant recipients' 
        implementation of high-quality academic tutoring to ensure 
        compliance with application requirements.
            ``(10) Develop and implement a system to evaluate each 
        approved provider of high-quality academic tutoring which 
        system--
                    ``(A) shall be based primarily upon the extent to 
                which a provider improved student academic achievement, 
                as measured by student progress toward meeting 
                challenging State student academic achievement 
                standards for all students enrolled in the high-quality 
                academic tutoring of the provider under this section--
                            ``(i) in each subject for which the 
                        provider provides high-quality academic 
                        tutoring under this section to such students;
                            ``(ii) regardless of whether such students 
                        are in a grade level that is subject to a State 
                        assessment;
                            ``(iii) accounting for the length of each 
                        course of high-quality academic tutoring 
                        offered by the provider; and
                            ``(iv) including academic data for all 
                        students in a provider's program who have 
                        completed that provider's program;
                    ``(B) shall be supplemented with additional 
                criteria, such as--
                            ``(i) local educational agency evaluations 
                        of the high-quality academic tutoring provided 
                        under this section;
                            ``(ii) student, parent, principal, or 
                        teacher satisfaction with the provider, except 
                        that, if a State elects to include this 
                        criterion in the State evaluation system, the 
                        satisfaction levels shall be measured by a 
                        survey that uniformly evaluates all such 
                        providers in the State;
                            ``(iii) the attendance rates of the 
                        students enrolled in the high-quality academic 
                        tutoring offered by the provider under this 
                        section; and
                            ``(iv) any additional criteria determined 
                        to be necessary by the State educational 
                        agency;
                    ``(C) determines the value added by each provider 
                in improving the student academic achievement of 
                participating students, as measured by an appropriate 
                assessment that is capable of measuring provider value-
                added student growth relative to the targeted 
                intervention provided; and
                    ``(D) shall be operational not later than the last 
                day of the 2012-2013 school year.
            ``(11) Establish a fair mechanism for the removal of a 
        provider who--
                    ``(A) fails, for 2 consecutive years, to contribute 
                to increasing the academic proficiency of students 
                served under this section based upon the evaluations 
                required under paragraph (10);
                    ``(B) is found, after a full and fair 
                investigation, to have repeatedly violated any 
                requirements of subsection (i) or been subject to 
                allegations proven true as submitted through the 
                process required in paragraph (6); or
                    ``(C) does not serve students in a State for any 2-
                year continuous interval.
            ``(12) Upon the date of enactment of the Tutoring for 
        Students Act, require existing providers of supplemental 
        educational services under section 1116(e) to reapply for 
        approval under the requirements of this section.
    ``(i) Providers of High-Quality Academic Tutoring.--In order for a 
provider to be included on the State approved provider list under 
subsection (h), a provider shall agree to carry out the following:
            ``(1) Provide parents of children receiving high-quality 
        academic tutoring under this section and the appropriate local 
        educational agency with information on the progress of the 
        children in increasing achievement, in a format and, to the 
        extent practicable, a language that such parents can 
        understand.
            ``(2) Ensure that instruction provided and content used by 
        the provider--
                    ``(A) is of the highest quality and consistent with 
                the instruction provided and content used by the local 
                educational agency and State;
                    ``(B) is aligned with State challenging academic 
                content standards and challenging student academic 
                achievement standards; and
                    ``(C) supports the development of the students' 
                college and career readiness.
            ``(3) Meet all applicable Federal, State, and local health, 
        safety, and civil rights laws.
            ``(4) Ensure that all instruction and content under this 
        section are secular, neutral, and non-ideological.
            ``(5) Meet the requirements in subsection (h)(3)(E).
    ``(j) Amounts for High-Quality Academic Tutoring.--The amount that 
a local educational agency shall make available for high-quality 
academic tutoring for each child receiving those services under this 
section shall be--
            ``(1) the amount of the agency's allocation under subpart 2 
        of part A, divided by the number of children from families 
        below the poverty level counted under section 1124(c)(1)(A); or
            ``(2) the amount of all agencies' allocations within the 
        State under subpart 2 of part A, divided by the number of all 
        children within the State from families below the poverty level 
        counted under section 1124(c)(1)(A).
    ``(k) Secretary Responsibilities.--The Secretary shall--
            ``(1) provide rigorous oversight and monitoring of State 
        and local educational agency implementation of this section;
            ``(2) promptly issue any necessary regulations and guidance 
        for States and local educational agencies to implement grants 
        for high-quality academic tutoring;
            ``(3) prepare an annual report on expenditures for high-
        quality academic tutoring, participation rates of students, 
        publication of participating local educational agencies, and 
        other relevant programmatic information to inform the public of 
        the activities under this section;
            ``(4) develop a complaint and resolution process to be used 
        by the Secretary in the investigation of allegations of 
        improper conduct in the implementation of high-quality academic 
        tutoring programs; and
            ``(5) conduct a national evaluation of high-quality 
        academic tutoring using a randomized sample of students served 
        across diverse local educational agencies to document the 
        value-add of such interventions to student academic achievement 
        and document best practices used by States, local educational 
        agencies, and service providers in the provision of high-
        quality academic tutoring under this section.
    ``(l) Rule of Construction.--Nothing in this section shall be 
construed to permit the making of any payment for religious worship or 
instruction.''.
                                 <all>