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.