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.