 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
  SUBCHAPTER II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
 
                   Part C--Reading and Literacy Grants
 
Sec. 6661e. Tutorial assistance subgrants


(a) In general

                            (1) Subgrants

        Except as provided in paragraph (4), a State educational agency 
    that receives a grant under section 6661b of this title shall make 
    at least one subgrant on a competitive basis to--
            (A) local educational agencies that have at least one school 
        in the geographic area served by the agency that--
                (i) is located in an area designated as an empowerment 
            zone under part I of subchapter U of chapter 1 of title 26; 
            or
                (ii) is located in an area designated as an enterprise 
            community under part I of subchapter U of chapter 1 of title 
            26;

            (B) local educational agencies that have at least one school 
        that is identified for school improvement under section 6317(c) 
        of this title in the geographic area served by the agency;
            (C) local educational agencies with the largest, or second 
        largest, number of children who are counted under section 
        6333(c) of this title, in comparison to all other local 
        educational agencies in the State; or
            (D) local educational agencies with the highest, or second 
        highest, school-age child poverty rate, in comparison to all 
        other local educational agencies in the State.

    For purposes of subparagraph (D), the term ``school-age child 
    poverty rate'' means the number of children counted under section 
    6333(c) of this title who are living within the geographic 
    boundaries of the local educational agency, expressed as a 
    percentage of the total number of children aged 5-17 years living 
    within the geographic boundaries of the local educational agency.

                          (2) Notification

        (A) To local educational agencies

            A State educational agency shall provide notice to all local 
        educational agencies within the State regarding the availability 
        of the subgrants under this section.

        (B) To providers and parents

            Not later than 30 days after the date on which the State 
        educational agency provides notice under subparagraph (A), each 
        local educational agency described in paragraph (1) shall, as a 
        condition on the agency's receipt of funds made available under 
        subchapter I of this chapter, provide public notice to potential 
        providers of tutorial assistance operating in the jurisdiction 
        of the agency, and parents residing in such jurisdiction, 
        regarding the availability of the subgrants under this section.

                           (3) Application

        A local educational agency that desires to receive a subgrant 
    under this section shall submit an application to the State 
    educational agency at such time, in such manner, and including such 
    information as the agency may require. The application shall include 
    an assurance that the local educational agency will use the subgrant 
    funds to carry out the duties described in subsection (b) of this 
    section for children enrolled in any school selected by the agency 
    that (A) is described in paragraph (1)(A), (B) is described in 
    paragraph (1)(B), (C) has the largest, or second largest, number of 
    children who are counted under section 6333(c) of this title, in 
    comparison to all other schools in the local educational agency, or 
    (D) has the highest, or second highest, school-age child poverty 
    rate (as defined in the second sentence of paragraph (1)), in 
    comparison to all other schools in the local educational agency.

                            (4) Exception

        If no local educational agency within the State submits an 
    application to receive a subgrant under this section within the 6-
    month period beginning on the date on which the State educational 
    agency provided notice to the local educational agencies regarding 
    the availability of the subgrants, the State educational agency may 
    use funds otherwise reserved under \1\ 6661c(2) of this title for 
    the purpose of providing local reading improvement subgrants under 
    section 6661d of this title if the State educational agency 
    certifies to the Secretary that the requirements of paragraph (2) 
    have been met and each local educational agency in the State 
    described in subparagraph (B) of such paragraph has demonstrated to 
    the State educational agency that no provider of tutorial assistance 
    described in such subparagraph requested the local educational 
    agency to submit under paragraph (3) an application for a tutorial 
    assistance subgrant.
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    \1\ So in original. Probably should be followed by ``section''.
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(b) Use of funds

                           (1) In general

        A local educational agency that receives a subgrant under this 
    section shall carry out, using the funds provided under the 
    subgrant, each of the duties described in paragraph (2).

                             (2) Duties

        The duties described in this paragraph are the provision of 
    tutorial assistance in reading, before school, after school, on 
    weekends, or during the summer, to children who have difficulty 
    reading, using instructional practices based on scientifically based 
    reading research, through the following:
            (A) The creation and implementation of objective criteria to 
        determine in a uniform manner the eligibility of tutorial 
        assistance providers and tutorial assistance programs desiring 
        to provide tutorial assistance under the subgrant. Such criteria 
        shall include the following:
                (i) A record of effectiveness with respect to reading 
            readiness, reading instruction for children in kindergarten 
            through 3d grade, and early childhood literacy, as 
            appropriate.
                (ii) Location in a geographic area convenient to the 
            school or schools attended by the children who will be 
            receiving tutorial assistance.
                (iii) The ability to provide tutoring in reading to 
            children who have difficulty reading, using instructional 
            practices based on scientifically based reading research and 
            consistent with the reading instructional methods and 
            content used by the school the child attends.

            (B) The provision, to parents of a child eligible to receive 
        tutorial assistance pursuant to this section, of multiple 
        choices among tutorial assistance providers and tutorial 
        assistance programs determined to be eligible under the criteria 
        described in subparagraph (A). Such choices shall include a 
        school-based program and at least one tutorial assistance 
        program operated by a provider pursuant to a contract with the 
        local educational agency.
            (C) The development of procedures--
                (i) for the provision of information to parents of an 
            eligible child regarding such parents' choices for tutorial 
            assistance for the child;
                (ii) for considering children for tutorial assistance 
            who are identified under subparagraph (D) and for whom no 
            parent has selected a tutorial assistance provider or 
            tutorial assistance program that give such parents 
            additional opportunities to select a tutorial assistance 
            provider or tutorial assistance program referred to in 
            subparagraph (B); and
                (iii) that permit a local educational agency to 
            recommend a tutorial assistance provider or tutorial 
            assistance program in a case where a parent asks for 
            assistance in the making of such selection.

            (D) The development of a selection process for providing 
        tutorial assistance in accordance with this paragraph that 
        limits the provision of assistance to children identified, by 
        the school the child attends, as having difficulty reading, 
        including difficulty mastering phonemic awareness, systematic 
        phonics, fluency, and reading comprehension.
            (E) The development of procedures for selecting children to 
        receive tutorial assistance, to be used in cases where 
        insufficient funds are available to provide assistance with 
        respect to all children identified by a school under 
        subparagraph (D), that--
                (i) give priority to children who are determined, 
            through State or local reading assessments, to be most in 
            need of tutorial assistance; and
                (ii) give priority, in cases where children are 
            determined, through State or local reading assessments, to 
            be equally in need of tutorial assistance, based on a random 
            selection principle.

            (F) The development of a methodology by which payments are 
        made directly to tutorial assistance providers who are 
        identified and selected pursuant to this section and selected 
        for funding. Such methodology shall include the making of a 
        contract, consistent with State and local law, between the 
        provider and the local educational agency. Such contract shall 
        satisfy the following requirements:
                (i) It shall contain specific goals and timetables with 
            respect to the performance of the tutorial assistance 
            provider.
                (ii) It shall require the tutorial assistance provider 
            to report to the local educational agency on the provider's 
            performance in meeting such goals and timetables.
                (iii) It shall specify the measurement techniques that 
            will be used to evaluate the performance of the provider.
                (iv) It shall require the provider to meet all 
            applicable Federal, State, and local health, safety, and 
            civil rights laws.
                (v) It shall ensure that the tutorial assistance 
            provided under the contract is consistent with reading 
            instruction and content used by the local educational 
            agency.
                (vi) It shall contain an agreement by the provider that 
            information regarding the identity of any child eligible 
            for, or enrolled in the program, will not be publicly 
            disclosed without the permission of a parent of the child.
                (vii) It shall include the terms of an agreement between 
            the provider and the local educational agency with respect 
            to the provider's purchase and maintenance of adequate 
            general liability insurance.
                (viii) It shall contain provisions with respect to the 
            making of payments to the provider by the local educational 
            agency.

            (G) The development of procedures under which the local 
        educational agency carrying out this paragraph--
                (i) will ensure oversight of the quality and 
            effectiveness of the tutorial assistance provided by each 
            tutorial assistance provider that is selected for funding;
                (ii) will provide for the termination of contracts with 
            ineffective and unsuccessful tutorial assistance providers 
            (as determined by the local educational agency based upon 
            the performance of the provider with respect to the goals 
            and timetables contained in the contract between the agency 
            and the provider under subparagraph (F));
                (iii) will provide to each parent of a child identified 
            under subparagraph (D) who requests such information for the 
            purpose of selecting a tutorial assistance provider for the 
            child, in a comprehensible format, information with respect 
            to the quality and effectiveness of the tutorial assistance 
            referred to in clause (i);
                (iv) will ensure that each school identifying a child 
            under subparagraph (D) will provide upon request, to a 
            parent of the child, assistance in selecting, from among the 
            tutorial assistance providers who are identified pursuant to 
            subparagraph (B) the provider who is best able to meet the 
            needs of the child;
                (v) will ensure that parents of a child receiving 
            tutorial assistance pursuant to this section are informed of 
            their child's progress in the tutorial program; and
                (vi) will ensure that it does not disclose the name of 
            any child who may be eligible for tutorial assistance 
            pursuant to this section, the name of any parent of such a 
            child, or any other personally identifiable information 
            about such a parent or child, to any tutorial assistance 
            provider (excluding the agency itself), without the prior 
            written consent of such parent.

(Pub. L. 89-10, title II, Sec. 2256, as added Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 101(a)(2)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-401.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6661b, 6661c, 6661g of this 
title.
