1. Because of the federal No Child Left Behind Act, school systems are compelled to spend millions of dollars on independent tutoring services.

2. In many cases, tutoring services are paid millions of dollars with little or no accountability.

3. The No Child Left Behind Act empowers states to apply their own minimum standards for tutoring services.

1. “Department” means the state Department of [Education].

2. “Provider” means a for-profit or nonprofit entity that provides or seeks to provide supplemental educational services pursuant to Section 1116(e) of the federal No Child Left Behind Act.

1. To qualify for state approval, providers must clearly demonstrate how their programs are aligned with state learning standards and local curricula, how they will communicate and coordinate with students’ teachers, and how they will link tutoring content to the academic programs their students experience in school.

2. Any contract for supplemental educational services shall be revoked if a provider fails, in practice, to meet the coordination standards in paragraph (B)(1).

1. To qualify for state approval, providers must clearly demonstrate that each tutor meets the minimum requirements for paraprofessionals under the federal No Child Left Behind Act, and that each tutor who teaches more than five students at a time has prior experience in managing a classroom of primary or secondary school students.

2. Any contract for supplemental educational services shall be revoked if a provider fails, in practice, to meet the qualification standards in paragraph (C)(1).

1. To qualify for state approval, providers must clearly demonstrate that their program has improved student achievement for students previously served, by providing evidence that those students achieved significant improvements, compared to an appropriate control group, on the [specify the state tests used as assessments for NCLB].

2. Any contract for supplemental educational services shall be revoked if a provider fails, in practice, to meet the effectiveness standards in paragraph (D)(1), as measured each year.

1. Providers must provide their tutoring services in-person. Providers shall not be paid for electronic tutoring via the Internet, an intranet or other electronic network, or educational software run on individual computers.

2. Paragraph (E)(1) does not prohibit providers from offering electronic tutoring as an additional resource for students.

1. The Department shall promulgate regulations to enforce this section.

2. The Department shall create a complaint process for parents, students, teachers, local school boards, and others to determine whether providers are in compliance with this section.

3. The Department shall investigate the allegations set forth in any complaint and make an independent determination as to whether the allegations warrant further action.

4. The Department may conduct on-site visits to ensure compliance with this section or to investigate any issues raised by a complaint. The on-site investigation team may examine any provider’s records and conduct interviews to determine whether there has been a violation.