1.This Act may be cited as
the Tutoring for Students Act
.
2.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:
JAcademic Tutoring
for Low-Income Students
1951.Academic
tutoring for low-income students
(a)In
this section:
(1)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 tutoringThe 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)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)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)
(1)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)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 agenciesTo 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)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)
(A)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
calculationAmounts 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)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 applicationState 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 activitiesFrom 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 tutoringIn 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 tutoringThe 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
responsibilitiesThe 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)Nothing in this section shall be construed to permit
the making of any payment for religious worship or
instruction.
.