S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8327
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed 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
 IN  REACHING  LEVELS  OF  PROFICIENCY AND HAVE A LOW LEVEL OF ATTAINMENT
 SCORES IN THE PAST YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11390-01-3
 S. 8327                             2
              

 
   (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.
   5. (A) THE DEPARTMENT SHALL DETERMINE ALLOWABLE USES FOR GRANT  MONEY,
 WHICH  USES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, HIRING OR CONTRACT-
 S. 8327                             3
 
 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.