(A) WHEREAS:

• (i) Research suggests that American K-12 students are falling behind their grade levels in reading and math proficiency;

• (ii) It is a goal of STATE to offer high-impact tutoring supports to promote academic outcomes for students across the state;

• (iii) The COVID-19 pandemic has created an urgent need to address academic outcomes and achievement gaps in STATE, while leveraging all sources of available funding;

• (iv) Studies have consistently shown, in multiple diverse settings, that “high-impact tutoring,” also referred to as “high-dosage tutoring,” has significant positive impacts on education outcomes;

• (v) When such tutoring is implemented, students average more than four months of additional learning in elementary literacy, thereby strengthening vital early reading and writing skills, and almost ten months of additional learning in high school math;

• (vi) Therefore, local education providers should be incentivized to implement high-impact tutoring as one of the interventions schools have access to as they create plans to improve education outcomes, increase achievement, and recover from learning loss or unfinished learning that has taken place.

(B) Accordingly,

• (i) Within 90 days of enactment of this section, DEPARTMENT is directed to issue guidance and best practices for the delivery of high-impact tutoring, including identifying mechanisms to expand high-impact tutoring programs through ESSER and other federal funding to complement the program created by this section;

• (ii) There is created in the DEPARTMENT the STATE High-impact Tutoring Program to provide grants to local education providers to implement high-impact tutoring programs prioritizing low-income or underserved students to address student learning loss or unfinished learning. A local education provider or group of providers may apply for a grant.

• (1) A local education provider awarded a grant shall use the grant money to implement a high-impact tutoring program that is substantially consistent with the local education provider’s program plan submitted to the DEPARTMENT. Except as provided in subsection (2)(b) of this section, and to the extent practicable, to receive a grant under this program, a local education provider’s program plan must address the following elements of research-based, high-quality, high-impact tutoring programs:

• -(a) Tutoring is provided in groups of four or fewer students;

• -(b) The same tutor tutors the group of students throughout the school year;

• -(c) Tutoring is provided a minimum of three times per week;

• -(d) Tutoring is implemented throughout the school day, not as a before- or after-school program, and is supplemented to core academic instruction and not a replacement for such instruction;

• -(e) High-quality trained tutors provide the tutoring, including teachers, paraprofessionals, community providers, Americorps members, and other individuals who have received training;

• -(f) The program uses a high-quality curriculum that is aligned with academic standards and may be provided by the local education provider;

• -(g) Tutoring is data-driven, with interim assessments to monitor student progress; and

• -(h) Where possible, tutoring targets all students in a grade level or school.

• (2) The student benefits associated with high-impact tutoring are greater when the program plan contains all of the elements set forth in subsection (ii)(a) of this section. However, if a local education provider’s program plan is not consistent with all of the elements set forth in subsection (ii)(a) of the section, the local education provider shall include in its application the reason for the modification or omission of program elements and how the local education provider intends to achieve the same desired student outcomes through its high-impact tutoring program.

• (3) Schools implementing high-impact tutoring are encouraged to think creatively about seat time and scheduling so that students have consistent access to non-core-academic instruction.

• (4) Applicants shall work with the union(s) representing existing personnel at impacted schools to collaborate on program applications.

• (iii) DEPARTMENT shall determine allowable uses for grant money, which uses may include but need not be limited to hiring or contracting for tutors or providing stipends or other incentives to teachers, paraprofessionals, retired teachers, AmeriCorps members, and community organizations to ensure tutoring capacity; developing curriculum and related supplies; covering costs associated with renting or purchasing physical space for tutoring; and covering administrative expenses. A local education provider may make a request to the DEPARTMENT to use grant money for purposes other than those specified by the DEPARTMENT if the proposed use of the grant money increases the effectiveness of the high-impact tutoring program.

• (iv) Local education providers are encouraged to offer tutors and other professionals offering tutoring services information about potential pathways into the teaching profession for the district, including learn and earn strategies in which the tutor works toward educator certification while providing high-impact tutoring services.

(c) REPORTING REQUIREMENTS

• (i) On or before reporting deadlines established by the DEPARTMENT, in each year in which a local education provider or group of providers receives a grant pursuant to the program, the provider or providers shall submit a report to the DEPARTMENT that includes the information required by the DEPARTMENT.

• (1) At a minimum, the report must include the following information:

• -(a) The number of students who are participated in the high-impact tutoring program and non-identifying information, including demographic information, relating to those students;

• (b) Any adjustments made to the local education provider’s program plan and the reason adjustments were made;

• -(c) How the local education provider maintained consistent access for participating students to core and non-core-academic instruction;

• -(d) How program grants were used by the local education provider and a summary of other resources used, if any, to provide high-impact tutoring beyond the resources provided through the program;

• -(e) The academic achievement results or other criteria used to place students in the high-impact tutoring program;

• -(f) The impact or student outcomes associated with the local education provider’s high-impact tutoring program; and

• -(g) Whether the local education provider’s high-impact tutoring program will continue in the following fiscal year and, if not, the reason the tutoring program will not continue.

• (ii) Within two years of enactment of this section, and every two years thereafter, DEPARTMENT is to submit a report to the Governor and Legislature that report on progress made under the grant program and assessment of additional ways STATE can expand access to high-impact tutoring.

• (1) The report shall:

• -(a) Detail the grants awarded, the participating local education providers, the duration of the program, and a summary of the information provided pursuant to subsection (1) of this section concerning the high-impact tutoring programs implemented by the local education providers and of available student outcomes.

• -(b) Highlight high-performing schools and districts, including those that have improved student learning using high-impact tutoring;

• -(c) Provide descriptions and analysis of practices that contributed to the improvements described in (b) above;

• -(d) Detail plans for expansion of existing high-impact tutoring supports, alongside proposed applications for federal, state, local, and foundation grant funding and “Pay for Success” social impact bonds; and

• -(e) Highlight any other programs the Department identifies that would result in an efficient expansion of high-impact tutoring in STATE. The plan should target expansion of programs by at least 20% per year.

• (2) To inform development of the report, local education agencies may submit to the DEPARTMENT descriptions and explanations of strategies, services, and programs that they have implemented, with evidence demonstrating their effectiveness in addressing learning and achievement gaps.

• (3) The report should detail which actions the DEPARTMENT can pursue on its own without additional legislative action, and, within 60 days of the plan’s publication, the DEPARTMENT shall commence those programs.

• (4) For aspects of the report that would require additional action by the legislature, DEPARTMENT shall include in the report specific requests and outlines of legislative action needed, including budget requests.

• (5) Before the DEPARTMENT advances any recommendations, the DEPARTMENT shall provide an opportunity for public and stakeholder comments, including by conducting in-person public hearings or events in different regions of the state at least four times total per report.

• (6) Final recommendations of the DEPARTMENT shall be posted on the department's website within thirty days after the DEPARTMENT adopts such recommendations.