S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7788
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to establishing  a  pilot
   program to provide high impact tutoring
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 3641-c
 to read as follows:
   § 3641-C. HIGH IMPACT TUTORING GRANT PROGRAM. 1. FOR THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "LOCAL  EDUCATION  PROVIDER"  OR "LOCAL EDUCATION PROVIDER GROUP"
 MEANS:
   (I) A PUBLIC SCHOOL OR A GROUP OF PUBLIC SCHOOLS OPERATED BY A  SCHOOL
 DISTRICT; OR
   (II) A CHARTER SCHOOL OR A GROUP OF CHARTER SCHOOLS ESTABLISHED PURSU-
 ANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER; AND
   (B)  "HIGH IMPACT TUTORING PILOT PROGRAM" MEANS A GRANT PROGRAM ESTAB-
 LISHED AND ADMINISTERED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
   2. THE DEPARTMENT SHALL ESTABLISH AND ADMINISTER A HIGH IMPACT  TUTOR-
 ING  PILOT  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 RESULTING FROM THE COVID-19 PANDEMIC.
   3. (A) A LOCAL EDUCATION PROVIDER SHALL SUBMIT AN  APPLICATION  FOR  A
 GRANT  TO THE DEPARTMENT IN A FORM DETERMINED BY THE DEPARTMENT. A LOCAL
 EDUCATION PROVIDER OR GROUP  OF  LOCAL  EDUCATION  PROVIDERS  MAY  APPLY
 JOINTLY  FOR  SUCH GRANT. THE LOCAL EDUCATION PROVIDER SHALL DEMONSTRATE
 NEED FOR SUPPORT THROUGH THE GRANT PROGRAM, AS DETERMINED BY THE DEPART-
 MENT, WHICH MAY INCLUDE SERVING  A  HIGH  PERCENTAGE  OF  LOW-INCOME  OR
 UNDERSERVED  STUDENTS,  OR SERVING STUDENTS WHO NEED ACADEMIC ASSISTANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11390-01-3
 A. 7788                             2
              

 
 IN REACHING LEVELS OF PROFICIENCY AND HAVE A  LOW  LEVEL  OF  ATTAINMENT
 SCORES IN THE PAST YEAR.
   (B)  AT  A  MINIMUM,  AN APPLICATION SHALL INCLUDE THE LOCAL EDUCATION
 PROVIDER'S HIGH IMPACT TUTORING PROGRAM PLAN THAT INCLUDES THE FOLLOWING
 INFORMATION:
   (I) HOW THE LOCAL EDUCATION  PROVIDER'S  PROGRAM  PLAN  ADDRESSES  THE
 FOLLOWING ELEMENTS OF A HIGH IMPACT TUTORING PROGRAM AND HOW IT MODIFIES
 OR  OMITS  SUCH ELEMENTS AND THE REASONS FOR SUCH MODIFICATIONS OR OMIS-
 SIONS:
   (1) TUTORING IS PROVIDED IN GROUPS OF FOUR OR FEWER STUDENTS;
   (2) THE SAME TUTOR INSTRUCTS THE PARTICIPATING STUDENTS THROUGHOUT THE
 SCHOOL YEAR;
   (3) TUTORING IS PROVIDED A MINIMUM OF THREE TIMES PER WEEK;
   (4) TUTORING IS IMPLEMENTED DURING THE SCHOOL DAY, NOT AS A BEFORE- OR
 AFTER-SCHOOL PROGRAM, AND IS SUPPLEMENTAL TO CORE  ACADEMIC  INSTRUCTION
 AND NOT A REPLACEMENT FOR SUCH INSTRUCTION;
   (5)  HIGH  QUALITY  TRAINED  TUTORS  PROVIDE  SUCH TUTORING, INCLUDING
 TEACHERS, PARAPROFESSIONALS, COMMUNITY  PROVIDERS,  AMERICORPS  MEMBERS,
 AND ANY OTHER INDIVIDUALS WHO HAVE RECEIVED TRAINING;
   (6)  THE  PROGRAM  USES A HIGH-QUALITY CURRICULUM THAT IS ALIGNED WITH
 ACADEMIC STANDARDS AND MAY BE PROVIDED BY THE LOCAL EDUCATION  PROVIDER;
 AND
   (7)  TUTORING  IS  DATA-DRIVEN,  WITH  INTERIM  ASSESSMENTS TO MONITOR
 STUDENT PROGRESS;
   (II) HOW STUDENTS WILL BE IDENTIFIED FOR PARTICIPATION IN THE PROGRAM;
   (III) THE NUMBER OF STUDENTS PROJECTED TO BE SERVED AND WHETHER  THOSE
 STUDENTS ARE LOW-INCOME OR UNDERSERVED STUDENTS;
   (IV) THE PROJECTED COST OF IMPLEMENTING THE PROGRAM;
   (V)  HOW  STUDENT ACADEMIC PROGRESS AND OTHER PROGRAM OUTCOMES WILL BE
 MEASURED;
   (VI) WHETHER THE LOCAL EDUCATION PROVIDER WILL CREATE ITS OWN  PROGRAM
 AND  WHETHER IT WILL PARTNER WITH EXISTING TUTORING PROVIDERS FOR IMPLE-
 MENTATION OR FOR TUTOR CAPACITY AND TRAINING;
   (VII) WHICH ACADEMIC SUBJECTS WILL BE THE FOCUS OF THE PROGRAM;
   (VIII) HOW THE LOCAL EDUCATION PROVIDER WILL BE SUPPORTED;
   (IX) HOW TUTORING WILL BE DELIVERED AND HOW THE DELIVERY WILL ACCOMMO-
 DATE REMOTE LEARNING;
   (X) WHETHER TUTORS WILL FOLLOW A SPECIFIC CURRICULUM;
   (XI) HOW TUTORING WILL BE INCORPORATED INTO THE SCHOOL DAY;
   (XII) THE NEEDS OF A RURAL LOCAL EDUCATION PROVIDER FOR  FINANCIAL  OR
 TECHNICAL SUPPORT TO IMPLEMENT A HIGH IMPACT TUTORING PROGRAM; AND
   (XIII) ANY OTHER CRITERIA DETERMINED BY THE DEPARTMENT.
   (C)  LOCAL  EDUCATION  PROVIDERS  IMPLEMENTING  HIGH  IMPACT  TUTORING
 PROGRAMS SHALL CONSIDER SEAT TIME AND SCHEDULING SO THAT  STUDENTS  HAVE
 CONSISTENT ACCESS TO NON-CORE ACADEMIC INSTRUCTION.
   (D)  THE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED PURSUANT TO
 THIS SUBDIVISION AND SHALL AWARD GRANTS AFTER CONSIDERING THE  ALIGNMENT
 OF  THE  LOCAL  EDUCATION PROVIDER'S PROGRAM PLAN WITH THE ELEMENTS OF A
 HIGH IMPACT TUTORING PROGRAM AS DESCRIBED IN THIS SUBDIVISION.
   4. WITHIN THE AMOUNTS  APPROPRIATED  THEREFOR,  THE  DEPARTMENT  SHALL
 DETERMINE  THE  AMOUNT  AND  DURATIONS OF GRANT AWARDS. THE GOAL OF SUCH
 GRANT AWARDS SHALL BE TO SERVE AS MANY STUDENTS AS POSSIBLE THROUGH HIGH
 IMPACT TUTORING PROGRAMS, INCLUDING LOW-INCOME AND UNDERSERVED  STUDENTS
 AND  STUDENTS IN RURAL AREAS, WHILE ENSURING THAT GRANT MONEY IS AWARDED
 TO HIGH IMPACT TUTORING PROGRAMS THAT ARE  LIKELY  TO  ACHIEVE  POSITIVE
 STUDENT OUTCOMES.
 A. 7788                             3
 
   5.  (A) THE DEPARTMENT SHALL DETERMINE ALLOWABLE USES FOR GRANT MONEY,
 WHICH USES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, HIRING OR  CONTRACT-
 ING  FOR TUTORS OR PROVIDING STIPENDS OR OTHER INCENTIVES TO PARAPROFES-
 SIONALS, RETIRED TEACHERS, AMERICORPS MEMBERS, AND  COMMUNITY  ORGANIZA-
 TIONS  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 EDUCA-
 TION 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.
   (B) LOCAL EDUCATION PROVIDERS MAY OFFER TUTORS AND OTHER PROFESSIONALS
 OFFERING TUTORING SERVICES INFORMATION ABOUT POTENTIAL PATHWAYS INTO THE
 TEACHING PROFESSION FOR THE SCHOOL DISTRICT.
   (C) LOCAL EDUCATION PROVIDERS, TUTORS AND OTHER PROFESSIONALS OFFERING
 TUTORING  SERVICES SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS RELATING
 TO HEALTH, SAFETY, AND ANTIDISCRIMINATION, INCLUDING, BUT NOT LIMITED TO
 TITLES VI AND VII OF THE CIVIL RIGHTS ACT  OF  1964  PUB.L.  88-352,  AS
 AMENDED;  THE  AMERICANS  WITH  DISABILITIES ACT OF 1990, 42 U.S.C. SEC.
 1201 ET SEQ., AS AMENDED; SECTION 504 OF THE REHABILITATION ACT OF 1973,
 29 U.S.C. SEC. 794, AS AMENDED, AND TITLE IX OF THE EDUCATION  AMENDMENT
 OF 1972, 20 U.S.C. SECS. 1681 TO 1688, AS AMENDED.
   6. (A) ON OR BEFORE THE REPORTING DEADLINES ESTABLISHED BY THE DEPART-
 MENT,  IN  EACH  YEAR  IN  WHICH  A LOCAL EDUCATION PROVIDER OR GROUP OF
 PROVIDERS RECEIVES A GRANT PURSUANT TO THIS  SECTION,  THE  PROVIDER  OR
 PROVIDERS  SHALL  SUBMIT  A  REPORT  TO THE DEPARTMENT THAT INCLUDES THE
 INFORMATION REQUIRED BY THE DEPARTMENT. AT A MINIMUM, THE  REPORT  SHALL
 INCLUDE THE FOLLOWING INFORMATION:
   (I)  THE NUMBER OF STUDENTS WHO PARTICIPATED IN THE HIGH IMPACT TUTOR-
 ING PROGRAM AND NONIDENTIFYING INFORMATION, INCLUDING DEMOGRAPHIC INFOR-
 MATION, RELATING TO THOSE STUDENTS;
   (II) ANY ADJUSTMENTS MADE TO THE LOCAL  EDUCATION  PROVIDER'S  PROGRAM
 PLAN AND THE REASON ADJUSTMENTS WERE MADE;
   (III)  HOW  THE  LOCAL EDUCATION PROVIDER MAINTAINED CONSISTENT ACCESS
 FOR PARTICIPATING STUDENTS TO NON-CORE ACADEMIC INSTRUCTION;
   (IV) HOW PROGRAM GRANTS WERE USED BY THE LOCAL EDUCATION PROVIDER  AND
 A SUMMARY OF OTHER RESOURCES USED, IF ANY, TO PROVIDE HIGH IMPACT TUTOR-
 ING BEYOND THE RESOURCES PROVIDED THROUGH THE PROGRAM;
   (V)  THE  ACADEMIC ACHIEVEMENT RESULTS OR OTHER CRITERIA USED TO PLACE
 STUDENTS IN THE HIGH IMPACT TUTORING PROGRAM;
   (VI) THE IMPACT OR STUDENT OUTCOMES ASSOCIATED WITH THE  LOCAL  EDUCA-
 TION PROVIDER'S HIGH IMPACT TUTORING PROGRAM; AND
   (VII)  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.
   (B)  ON  OR BEFORE JULY FIRST OF EACH YEAR THAT A HIGH IMPACT TUTORING
 PROGRAM IS IMPLEMENTED PURSUANT TO THIS SECTION,  THE  DEPARTMENT  SHALL
 SUBMIT A SUMMARIZED REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND
 THE ASSEMBLY CONCERNING THE PROGRAM, INCLUDING, AT A MINIMUM, THE GRANTS
 AWARDED,  THE  PARTICIPATING  LOCAL EDUCATION PROVIDERS, THE DURATION OF
 THE PROGRAM, AND A SUMMARY OF THE INFORMATION PROVIDED PURSUANT TO PARA-
 GRAPH (A) OF  THIS  SUBDIVISION  CONCERNING  THE  HIGH  IMPACT  TUTORING
 PROGRAMS  IMPLEMENTED  BY THE LOCAL EDUCATION PROVIDERS AND OF AVAILABLE
 STUDENT OUTCOMES.
   § 2. This act shall take effect immediately.