ticable, that parents have the best available 
choices as possible; 
‘‘(C) be based upon a demonstrated record 
of effectiveness in increasing the academic pro-
ficiency 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 ap-
plications to the State educational agency; 
‘‘(E) require providers to demonstrate— 
‘‘(i) that the provider’s curricula are 
aligned to State challenging academic con-
tent standards and challenging student 
academic achievement standards; 
‘‘(ii) that the provider has not less 
than 5 years of continuous operating expe-
rience providing education instruction to 
youth; 
‘‘(iii) that the provider uses instruc-
tional methods and materials that are re-
search-based; 
‘‘(iv) financial stability, which may in-
clude a financial audit, evidence of suffi-
cient working capital, or other means; and 
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‘‘(v) that the provider employs tutors 
that meet State-determined qualifications; 
and 
‘‘(F) subject to the removal process de-
scribed in paragraph (11), approve providers 
for not less than 5 years. 
‘‘(4) Maintain an updated list of approved pro-
viders across the State, by school district, from 
which parents may select. 
‘‘(5) Ensure that, in the case of a local edu-
cational agency that is approved as an eligible pro-
vider, that the local educational agency provides a 
fair and transparent process, as described in sub-
section (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 sec-
tion within 45 days. 
‘‘(7) Provide annual notice to potential pro-
viders of high-quality academic tutoring of the op-
portunity 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. 
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‘‘(8) Develop a common statewide student ap-
plication form to be used by local educational agen-
cies that is completed by parents of eligible students 
when enrolling in high-quality academic tutoring. 
‘‘(9) Conduct program monitoring of grant re-
cipients’ implementation of high-quality academic tu-
toring to ensure compliance with application require-
ments. 
‘‘(10) Develop and implement a system to 
evaluate each approved provider of high-quality aca-
demic tutoring which system— 
‘‘(A) shall be based primarily upon the ex-
tent to which a provider improved student aca-
demic achievement, as measured by student 
progress toward meeting challenging State stu-
dent 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 pro-
vider provides high-quality academic tutor-
ing under this section to such students; 
‘‘(ii) regardless of whether such stu-
dents are in a grade level that is subject to 
a State assessment; 
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‘‘(iii) accounting for the length of 
each course of high-quality academic tutor-
ing 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 evalua-
tions of the high-quality academic tutoring 
provided under this section; 
‘‘(ii) student, parent, principal, or 
teacher satisfaction with the provider, ex-
cept 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 stu-
dents enrolled in the high-quality academic 
tutoring offered by the provider under this 
section; and 
‘‘(iv) any additional criteria deter-
mined to be necessary by the State edu-
cational agency; 
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‘‘(C) determines the value added by each 
provider in improving the student academic 
achievement of participating students, as meas-
ured by an appropriate assessment that is capa-
ble of measuring provider value-added student 
growth relative to the targeted intervention pro-
vided; and 
‘‘(D) shall be operational not later than 
the last day of the 2012–2013 school year. 
‘‘(11) Establish a fair mechanism for the re-
moval of a provider who— 
‘‘(A) fails, for 2 consecutive years, to con-
tribute 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 inves-
tigation, to have repeatedly violated any re-
quirements 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 Tutor-
ing for Students Act, require existing providers of 
supplemental educational services under section 
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1116(e) to reapply for approval under the require-
ments of this section. 
‘‘(i) PROVIDERS OF HIGH-QUALITY ACADEMIC TU-
TORING.—In order for a provider to be included on the 
State approved provider list under subsection (h), a pro-
vider 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 informa-
tion on the progress of the children in increasing 
achievement, in a format and, to the extent prac-
ticable, a language that such parents can under-
stand. 
‘‘(2) Ensure that instruction provided and con-
tent used by the provider— 
‘‘(A) is of the highest quality and con-
sistent with the instruction provided and con-
tent used by the local educational agency and 
State; 
‘‘(B) is aligned with State challenging aca-
demic content standards and challenging stu-
dent academic achievement standards; and 
‘‘(C) supports the development of the stu-
dents’ college and career readiness. 
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‘‘(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-ideo-
logical. 
‘‘(5) Meet the requirements in subsection 
(h)(3)(E). 
‘‘(j) AMOUNTS FOR HIGH-QUALITY ACADEMIC TU-
TORING.—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 sec-
tion 1124(c)(1)(A). 
‘‘(k) SECRETARY RESPONSIBILITIES.—The Secretary 
shall— 
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‘‘(1) provide rigorous oversight and monitoring 
of State and local educational agency implementa-
tion of this section; 
‘‘(2) promptly issue any necessary regulations 
and guidance for States and local educational agen-
cies 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 pro-
grammatic 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 implementa-
tion of high-quality academic tutoring programs; and 
‘‘(5) conduct a national evaluation of high-qual-
ity academic tutoring using a randomized sample of 
students served across diverse local educational 
agencies to document the value-add of such interven-
tions to student academic achievement and docu-
ment best practices used by States, local educational 
agencies, and service providers in the provision of 
high-quality academic tutoring under this section. 
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‘‘(l) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit the making of any pay-
ment for religious worship or instruction.’’. 
Æ 
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