‘‘PART J—ACADEMIC TUTORING FOR LOW- 
INCOME STUDENTS 
‘‘SEC. 1951. ACADEMIC TUTORING FOR LOW-INCOME STU-
DENTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE STUDENT.—The term ‘eligible 
student’ means a student from a low-income family, 
as determined by the local educational agency for 
purposes of allocating funds to schools under section 
1113(c)(1). 
‘‘(2) HIGH-QUALITY
ACADEMIC
TUTORING.— 
The term ‘high-quality academic tutoring’ means tu-
toring and other supplemental academic enrichment 
services that are— 
‘‘(A) in addition to regular classroom in-
struction 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 aca-
demic achievement of eligible students on the 
academic assessments required under section 
1111(b)(3). 
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‘‘(3) PROVIDER.—The term ‘provider’ means a 
nonprofit entity, a for-profit entity, or a local edu-
cational agency that— 
‘‘(A) has a demonstrated record of effec-
tiveness in increasing student academic achieve-
ment; 
‘‘(B) is capable of providing high-quality 
academic tutoring that is consistent with the in-
structional program of the local educational 
agency and the State challenging academic con-
tent standards and challenging student aca-
demic achievement standards described under 
section 1111; and 
‘‘(C) is financially sound. 
‘‘(b) STATE RESERVATIONS.—Each State shall re-
serve 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 stu-
dents in accordance with this section. 
‘‘(c) USES.— 
‘‘(1) IN
GENERAL.—Of the funds reserved 
under subsection (b) for any fiscal year, a State edu-
cational agency— 
‘‘(A) may reserve not more than 3 percent 
of such amount for administration, evaluation, 
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and technical assistance consistent with sub-
section (h); and 
‘‘(B) shall allocate not less than 97 percent 
of such amount directly to eligible local edu-
cational agencies meeting the requirements 
under subsection (d) as subgrants according to 
the formula described in paragraph (2). 
‘‘(2) FORMULA.—From the funds reserved 
under subsection (b) and not reserved under para-
graph (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 edu-
cational agencies received under subpart 2 of part A 
for the preceding fiscal year. 
‘‘(d) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
To be eligible to receive a subgrant from a State edu-
cational 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: 
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‘‘(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 stu-
dents to receive high-quality academic tutoring se-
lected by parents from among a list of providers ap-
proved 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 par-
ents 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 
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whose services are reasonably available in geo-
graphic areas served by neighboring local edu-
cational agencies; and 
‘‘(C) the services, qualifications, and dem-
onstrated effectiveness of each such provider, 
which shall include summaries of the evalua-
tions 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 edu-
cational 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 stu-
dent’s progress will be measured, and a time-
table for improving achievement that, in the 
case of a student with disabilities, is consistent 
with the student’s individualized education pro-
gram under section 614(d) of the Individuals 
with Disabilities Education Act, which may be 
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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 in-
formed of the student’s progress; 
‘‘(C) provide for the opportunity for a pro-
vider to address any deficiencies in such goals 
and timetables and if necessary after such op-
portunity, termination of such agreement if the 
provider is unable to meet such goals and time-
tables; 
‘‘(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 permis-
sion 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. 
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‘‘(7) A description of how, in cases where it is 
not possible to have all providers provide high-qual-
ity 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 proc-
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ess in the administration of the high-quality aca-
demic 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 communica-
tion with the local educational agency and school 
and to better track student performance in the con-
text of the school the student is attending, con-
sistent with applicable privacy laws, including sec-
tion 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 avail-
ability of high-quality academic tutoring, which shall 
include— 
‘‘(A) posting the common statewide stu-
dent application on the agency’s Web site; 
‘‘(B) conducting enrollment of eligible stu-
dents throughout the year in conjunction with 
approved providers and community-based orga-
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nizations to ensure that eligible students have 
full opportunities to participate; and 
‘‘(C) ensuring high-quality academic tutor-
ing services are provided in a timely manner, 
including notification to eligible families, enroll-
ing 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; REALLOCA-
TION.— 
‘‘(1) RETURN.—Except as provided in para-
graph (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 alloca-
tion that remain unobligated; and 
‘‘(B) the State educational agency shall re-
allocate any such returned funds to local edu-
cational agencies that have applications ap-
proved by the State for using such funds for ac-
tivities under this section on a timely basis. 
‘‘(2) CARRYOVER.— 
‘‘(A) IN GENERAL.—In any fiscal year, a 
local educational agency may retain for obliga-
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tion in the succeeding fiscal year to carry out 
activities in accordance with this section— 
‘‘(i) an amount equal to not more 
than 5 percent of the allocation it received 
under this section for such fiscal year; or 
‘‘(ii) upon a demonstration of good 
cause by such agency and approval by the 
State educational agency, an amount that 
exceeds 5 percent of such allocation. 
‘‘(B) EXCLUSION
FROM
CALCULATION.— 
Amounts carried over by a local educational 
agency under this paragraph shall be excluded 
from the calculation of the carryover provisions 
under this title as described in section 1127. 
‘‘(f) CONSORTIA.—Local educational agencies may 
form a consortium for the purpose of submitting an appli-
cation under subsection (d) allowing for such agencies to 
develop and implement a uniform process related to paren-
tal notification, enrollment of students, and other adminis-
trative duties described in subsection (d). 
‘‘(g) TIMELY APPROVAL
OF APPLICATION.—State 
educational agencies shall provide timely notice to local 
educational agencies with respect to the approval of appli-
cations under subsection (d), which shall be not less than 
120 days before the first day of school, as to ensure the 
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ability of local educational agencies with approved applica-
tions to provide services to students not later than 60 days 
after the first day of school. 
‘‘(h) STATE EDUCATIONAL AGENCY ACTIVITIES.— 
From funds made available under subsection (c)(1)(A), a 
State educational agency shall carry out the following ac-
tivities: 
‘‘(1) Assist local educational agencies in the de-
velopment of applications described in subsection (d) 
to ensure the greatest participation by agencies as 
possible, including with respect to those agencies lo-
cated in rural areas. 
‘‘(2) Determine which local educational agencies 
shall apply for grants under this section, which shall 
include the lowest performing local educational agen-
cies statewide as measured by academic achievement 
measures. 
‘‘(3) Develop a process for the selection of eligi-
ble providers of high-quality academic tutoring 
which shall— 
‘‘(A) include the input from local edu-
cational agencies, parents, teachers, and other 
interested members of the public; 
‘‘(B) promote participation by the highest 
quality providers to ensure, to the extent prac-
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