I 118th CONGRESS 1st Session H. R. 4442 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.

1. Short title This Act may be cited as the Expanding Access to High-Impact Tutoring Act of 2023 . 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. 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. 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. 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. 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. 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. ). 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. 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).