[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4442 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4442

     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

                             June 30, 2023

Ms. Sherrill (for herself and Ms. Mace) introduced the following bill; 
   which was referred to the Committee on Education and the 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 2023''.

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 2024 through 2028.
    (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;
                            (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>