I 
119TH CONGRESS 
1ST SESSION 
H. R. 896 
To direct the Secretary of Education to award grants to State educational 
agencies for the purpose of implementing, administering, and evaluating 
programs that provide tutoring to students in elementary and secondary 
schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 31, 2025 
Ms. SHERRILL (for herself, Mr. FITZPATRICK, Mr. DAVID SCOTT of Georgia, 
and Mr. THANEDAR) introduced the following bill; which was referred to 
the Committee on Education and Workforce 
A BILL 
To direct the Secretary of Education to award grants to 
State educational agencies for the purpose of imple-
menting, 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Expanding Access to 
High-Impact Tutoring Act of 2025’’. 
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SEC. 2. AUTHORIZATION AND DISTRIBUTION OF FUNDS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this Act 
such sums as may be necessary for each of fiscal years 
2026 through 2030. 
(b) DISTRIBUTION
OF FUNDS.—Of the amounts 
made available under subsection (a) for a fiscal year, the 
Secretary shall— 
(1) use 80 percent to award or renew grants, 
as applicable, to State educational agencies to award 
subgrants to local educational agencies in accord-
ance 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 ESTAB-
LISHED. 
(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 Ele-
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mentary 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 seek-
ing a grant under this section shall submit to the Sec-
retary and the Advisory Board an application each year 
in such form and containing such information as the Sec-
retary may require, and which shall include the applica-
tions 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 
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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 competi-
tive basis and in coordination with the Advisory Board, 
subgrants to local educational agencies served by such 
State educational agency for the implementation, adminis-
tration, 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 eligi-
ble 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 agen-
cy’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; 
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(3) the quality and rigor of the tutoring pro-
grams as described in the plan submitted under sub-
section (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 al-
located American Rescue Plan Elementary and Sec-
ondary School Emergency Relief Fund funding to 
tutoring programs that have demonstrated signifi-
cant results in improving student achievement, with 
prioritization for local educational agencies that have 
implemented proven programs using American Res-
cue Plan Elementary and Secondary School Emer-
gency 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). 
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(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 re-
quirements 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 im-
plement such programs. 
(C) If such tutoring programs will not 
serve each grade level in an elementary and sec-
ondary 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 tu-
toring per week during the school year, in-
cluding— 
(I) how such tutoring programs 
will structure the timing of their ses-
sions to fit at least 30 minutes of tu-
toring per student for at least 3 days 
per week into student schedules; or 
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(II) a request for approval from 
the Advisory Board, in coordination 
with the State educational agency, to 
use an alternative timing format be-
cause of scheduling or labor con-
straints, as applicable; and 
(ii) a plan to— 
(I) ensure maintenance of the 3- 
to-1 student-to-tutor ratio or ratio de-
termined by the Advisory Board; or 
(II) request approval from the 
Advisory Board, in coordination with 
the State educational agency, to main-
tain 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 develop-
ment for tutors; and 
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(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 part-
nership 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 se-
lected; and 
(II) such provider will partner 
with the local educational agency to 
carry out the tutoring program; and 
(ii) a plan to carry out the tutoring 
program if the nonprofit provider is not 
approved by the Advisory Board, in coordi-
nation 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 
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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 re-
search organization or researchers to evaluate 
the impact of the tutoring programs on aca-
demic achievement and recovery of students, as 
defined by each State educational agency’s aca-
demic standards pursuant to section 1111 of 
part A of title I of the Elementary and Sec-
ondary 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 tu-
toring program in the elementary or secondary 
school at which members of such union are 
working, including educator responsibilities and 
compensation. 
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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 up-
dated plan under clauses (i) or (ii) of sub-
paragraph (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 alloca-
tion, 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 sub-
mitted under subparagraph (A)(i) for such 
year and make a determination with re-
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spect to whether the tutoring programs 
carried out by such local educational agen-
cy 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 Sec-
ondary 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 determina-
tion under clause (i) that such tutoring 
programs are— 
(I) improving such student out-
comes, the State educational agency 
shall make available to the local edu-
cational agency the annual allocation 
for such year; or 
(II) not improving such student 
outcomes, the State educational agen-
cy shall direct the local educational 
agency to submit an updated plan in 
accordance with subparagraph (C). 
(C) RESUBMISSION.— 
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(i) UPDATED PLAN.— 
(I) IN
GENERAL.—If the State 
educational agency, in coordination 
with the Advisory Board, makes a de-
termination 
under 
subparagraph 
(B)(ii)(II) that such tutoring pro-
grams are not improving such student 
outcomes, the local educational agency 
shall, not later than 3 months after 
the date of the submission of the an-
nual 
plan 
under 
subparagraph 
(A)(i)— 
(aa) create an updated plan 
that— 
(AA) indicates how the 
design of such tutoring pro-
grams will be changed to im-
prove 
such 
student 
out-
comes; and 
(BB) does not change 
the distribution of individual 
schools or individual grade 
levels that receive subgrant 
funding from the local edu-
cational agencies, except for 
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withdrawing funding from 
programs whose resubmitted 
plan is deemed to not im-
prove student outcomes pur-
suant 
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 coordina-
tion with the Advisory Board, makes 
a determination that the tutoring pro-
gram design described in such up-
dated plan— 
(aa) will improve such stu-
dent outcomes, the State edu-
cational agency shall make avail-
able 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 edu-
cational agency to resubmit such 
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updated plan in accordance with 
clause (ii). 
(ii) ADVISORY BOARD.— 
(I) If the State educational agen-
cy, in coordination with the Advisory 
Board, makes a determination under 
clause (i)(II)(bb) that the tutoring 
program design described in such up-
dated plan will not improve such stu-
dent 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 co-
ordination with the State edu-
cational agency and Advisory 
Board, to the tutoring design de-
scribed in such updated plan to 
ensure that such tutoring design 
will improve such student out-
comes; and 
(bb) resubmit such updated 
plan to the State educational 
agency. 
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(II) 
DETERMINATION.—If 
the 
State educational agency, in coordina-
tion with the Advisory Board, makes 
a determination that the tutoring pro-
gram design described in such resub-
mitted plan— 
(aa) will improve such stu-
dent outcomes, the State edu-
cational agency shall make avail-
able to the local educational 
agency the annual allocation for 
such year; or 
(bb) will not improve such 
student outcomes, the State edu-
cational agency shall declare such 
agency ineligible to receive an an-
nual allocation for the remainder 
of the subgrant period. 
(iii) NEW APPLICATION.—A local edu-
cational agency that is declared ineligible 
to receive an annual allocation for the re-
mainder of a grant period under clause 
(ii)(II)(bb) may, at any point after the 
conclusion of such grant period, submit an 
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application for a subgrant under this sec-
tion. 
(e) SUBGRANT RENEWAL.— 
(1) IN GENERAL.—The State educational agen-
cy shall, at the conclusion of the subgrant period de-
scribed 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 co-
ordination with the Advisory Board, determines, 
based on such application, is sufficiently car-
rying out tutoring programs that meet the re-
quirements 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 in-
cludes— 
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(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 activi-
ties 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 admin-
istering elementary and secondary tutoring pro-
grams; or 
(B) experience in program evaluation and 
evidence-based policy development; and 
(2) including at least 1 member who is an edu-
cator or representative of an educator union. 
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(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 agen-
cies— 
(A) will meet the tutoring program re-
quirements under section 6(b) and will imple-
ment programs so as to have the greatest im-
pact 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. 
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(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 agen-
cy requesting to partner with a nonprofit pro-
vider to implement tutoring programs, rec-
ommendations for such nonprofit providers; and 
(D) best practices for the establishment 
and administration of tutoring programs and 
implementation of such programs by local edu-
cational 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 re-
quest only if available evidence supports that al-
ternative format as likely to be effective in 
boosting student outcomes; 
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(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 agen-
cy seeking to partner with a nonprofit provider, 
the nonprofit provider submitted by such agen-
cy 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 evalua-
tion. 
(5) Coordinate, with State and local educational 
agencies, the training and professional development 
for tutors described in section 4(c)(2)(F)(i) to en-
sure such training and professional development 
maximizes the sharing of best practices and dissemi-
nation of evidence-based tutoring methods, provided 
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that the Advisory Board does not require such agen-
cies to adhere to any allocations of time or resources 
with respect to such training and professional devel-
opment. 
(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 pro-
gram, the required frequency of tutor trainings, 
professional development, and observation. 
(7) Develop and publish, based on the evalua-
tions of tutoring programs under section 6(b)(4) and 
outside evaluations and studies of such tutoring pro-
grams, a database of— 
(A) different tutoring methods and the im-
pact 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 
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(B) evidence-based models for structuring 
the timing of tutoring sessions, including— 
(i) how to create, in addition to reg-
ular classes, a tutoring class; 
(ii) how to allocate, at the discretion 
of the teacher, time during regular classes 
during which students may receive tutor-
ing; 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 pro-
grams that meet the requirements described in sub-
section (b) in each elementary and secondary school 
served by such State educational agency. 
(2) NONPROFIT
PROVIDER.—A local edu-
cational agency shall have the option of partnering 
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with a nonprofit provider, including an institution of 
higher education or other government agency, to im-
plement tutoring programs that meet the require-
ments described in subsection (b), after certifying to 
the State educational agency that the nonprofit pro-
vider 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 sec-
ondary 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 ele-
mentary or secondary school teacher or para-
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professional, 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 class-
room or area that is separate from such regular 
class; and 
(E) that, with respect to a student, is re-
lated 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 agen-
cy and Advisory Board, provide training and 
professional development for tutors. 
(B) not fewer than 1 time per month, en-
sure that each tutor is observed by a program 
administrator. 
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(3) TECHNOLOGY.— 
(A) IN GENERAL.—A program carried out 
by a local educational agency pursuant to sub-
section (a) may provide the option to incor-
porate educational technology, computer-as-
sisted 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 pro-
gram 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 de-
scribed in section 4(d)(1), partner with a govern-
ment 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 
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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 coordina-
tion with the Secretary, the State educational agencies re-
ceiving a grant under this Act, institutions of higher edu-
cation, government or nonprofit service organizations, and 
State and local workforce boards, shall develop a nation-
wide tutoring workforce. 
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(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, fund-
ing 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, fund-
ing 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 edu-
cators, 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 tu-
tors, provided that— 
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(i) tutoring by such staff member is 
not included as an additional job responsi-
bility; 
(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 para-
professional shortages. 
(5) Coordinate with institutions of higher edu-
cation 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 paraprofes-
sional 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 
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Elementary and Secondary Education Act (20 
U.S.C. 1001 et seq.). 
SEC. 8. BARGAINING. 
(a) IN GENERAL.—If the implementation of a tutor-
ing program pursuant to this Act is expected to affect the 
terms and conditions of employment of any local edu-
cational agency employee, then before the subgrant is 
awarded such program must be agreed to through bar-
gaining, or where bargaining does not exist, through col-
laboration with the State or local educator union, with the 
Secretary working to mediate any disputes if an agree-
ment cannot be reached. 
(b) CONFLICTS.—In the event that any requirements 
under this Act conflict with the rights, remedies, and pro-
cedures afforded to school or local educational agency em-
ployees under Federal, State, or local laws (including ap-
plicable 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 agree-
ments 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. 
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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 agen-
cy who— 
(A) ensures that a tutoring program car-
ried out pursuant to a grant under this Act is 
meeting the requirements under section 6(b)(1); 
(B) manages the tutor training and profes-
sional development in accordance with section 
6(b)(2)(A); and 
(C) conducts tutor observations in accord-
ance with section 6(b)(2)(B). 
Æ 
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