[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 896 Introduced in House (IH)]
<DOC>
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 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 2025''.
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 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; and
(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).
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