PRINTER'S NO. 2563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2197
Session of
2021
INTRODUCED BY PISCIOTTANO, HILL-EVANS AND SCHLOSSBERG,
DECEMBER 22, 2021
REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 22, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for high-impact tutoring.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XX-L
HIGH-IMPACT TUTORING
Section 2001-L. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"High-impact tutoring program." A tutoring program that, to
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the extent practicable, meets the following criteria:
(1) Is research-based and maintains high-quality
standards for tutoring.
(2) Provides tutoring in groups of four or fewer
students.
(3) Maintains the same tutor for a group of students
throughout the school year.
(4) Provides a minimum of three tutoring sessions per
week.
(5) Is implemented throughout the school day and not as
a before-school or after-school program.
(6) Is a supplement to core academic instruction and is
not a replacement for core academic instruction.
(7) Uses high-quality trained tutors, including
teachers, paraprofessionals, community providers, AmeriCorps
members and other individuals who have received training in
tutoring.
(8) Uses a high-quality curriculum that is aligned with
academic standards.
(9) May be provided directly by a school entity.
(10) Is data driven, with interim assessments to monitor
student progress.
(11) Targets all students in a grade level or school,
where possible.
"Low-income student." A student of a school entity who is a
member of a household with an annual household income that is
less than or equal to 150% of the poverty guidelines published
by the Department of Health and Human Services.
"Private school." Any of the following:
(1) A private school licensed under the act of January
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28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act.
(2) A private school accredited by an accrediting
association approved by the State Board of Education.
(3) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the Private Licensed
Schools Act.
"Program." The High-Impact Tutoring Program established
under section 2003-L.
"School entity." Any of the following:
(1) A school district of any class.
(2) A public school as defined in 24 Pa.C.S. § 8102
(relating to definitions).
(3) A nonpublic school as defined in section 923.3-A(b).
(4) A private school.
(5) An intermediate unit as described in Article IX-A.
(6) A charter school as defined in section 1703-A.
(7) A cyber charter school as defined in section 1703-A.
(8) A regional charter school as defined in section
1703-A.
(9) An area career and technical school as described in
section 1841.
"Underserved student." A student of a school entity for whom
adequate educational services or programs have not been made
available or utilized, based on criteria determined by the
department and taking into account special barriers to the
provision of the educational services or programs.
Section 2002-L. Guidance and best practices.
Within 90 days of the effective date of this section, the
department shall issue guidance and best practices for the
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delivery of high-impact tutoring, including identifying
mechanisms to expand high-impact tutoring programs through
elementary and secondary school emergency relief funding and
other Federal funding to complement the program.
Section 2003-L. Establishment of program.
The High-Impact Tutoring Program is established within the
department to provide grants to school entities to implement
high-impact tutoring programs prioritizing low-income students
or underserved students and address student learning loss or
unfinished learning.
Section 2004-L. Application forms.
(a) Development.--The department shall develop an
application form for school entities that seek grant money under
the program.
(b) Posting.--The application form shall be posted on the
publicly accessible Internet website of the department.
(c) Contents.--The application form shall request the
following information:
(1) The name and contact information of the school
entity seeking grant money under the program.
(2) The amount of grant money requested and the proposed
use for the grant money, consistent with section 2005-L.
(3) As follows:
(i) Documentation or verification that the criteria
under the definition of "high-impact tutoring program" in
section 2001-L (relating to definitions) are satisfied.
(ii) If any of the criteria referenced under
subparagraph (i) are not fully satisfied, the reason for
the need to modify or omit that criteria and an
explanation of how the school entity intends to achieve
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the desired outcomes associated with the high-impact
tutoring program in light of the modification or
omission.
(d) Completion and submittal.--To receive money under the
program, a school entity must complete the application form and
submit the application form to the department.
Section 2005-L. Permissible uses of grant money.
Grant money under the program may be used to:
(1) Hire or contract tutors.
(2) Provide stipends or other incentives to teachers,
paraprofessionals, retired teachers, AmeriCorps members or
community organizations to ensure tutoring capacity.
(3) Develop curriculum and related supplies.
(4) Cover costs associated with renting or purchasing
physical space for tutoring.
(5) Cover administrative expenses.
(6) Accomplish other purposes, with the goal of
increasing the effectiveness of the high-impact tutoring
program.
Section 2006-L. Review and determination.
(a) Requirements.--Within 60 days of receiving an
application for grant money under the program, the department
shall review the application and determine:
(1) Whether or not to approve the application.
(2) The amount of the grant money to be awarded.
(3) The permitted uses for which the grant money may be
expended.
(b) Reasons.--The department shall inform the applicant of
the determination under subsection (a) and provide reasons for
any partial approval or disapproval of the request contained in
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the application.
Section 2007-L. Implementation.
(a) Requirement.--A school entity that is awarded grant
money under the program shall use the grant money to implement a
high-impact tutoring program that is substantially consistent
with the school entity's program plan described in the
application.
(b) Considerations.--Each school entity that implements a
high-impact tutoring program is encouraged to think creatively
about seat time and scheduling so that students have consistent
access to non-core academic instruction.
(c) Collaboration.--Each school entity shall collaborate
with any union representing existing personnel at impacted
schools to collaborate on program applications.
(d) Incentives.--Each school entity is encouraged to offer
tutors and other professionals offering tutoring services
information about potential pathways into the teaching
profession for the school entity, including learn-and-earn
strategies in which the tutor works toward educator
certification while providing high-impact tutoring services.
Section 2008-L. Reporting by school entities.
On or before reporting deadlines established by the
department, in each year in which a school entity receives grant
money under the program, the school entity shall submit a report
to the department that includes the following information:
(1) The number of students who participated in the high-
impact tutoring program and nonidentifying information
relating to the students, including demographic information.
(2) Any adjustment made to the school entity's high-
impact tutoring program plan and the reason that the
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adjustment was made.
(3) How the school entity maintained consistent access
for participating students to core and non-core academic
instruction.
(4) How the school entity used the grant money under the
program.
(5) A summary of other resources used, if any, to
provide high-impact tutoring services beyond the resources
provided through the program.
(6) The academic achievement results or other criteria
used to place students in the high-impact tutoring program.
(7) The impact or student outcomes associated with the
school entity's high-impact tutoring program.
(8) Whether the school entity's high-impact tutoring
program will continue in the following fiscal year and, if
not, the reason that the high-impact tutoring program will
not continue.
(9) Any other information required by the department.
Section 2009-L. Reports by department.
(a) General requirement.--Within two years of the effective
date of this section, and every two years thereafter, the
department shall submit a report to the Governor and the General
Assembly, which addresses the progress made under the program
and assesses additional ways in which the Commonwealth can
expand access to high-impact tutoring.
(b) Contents.--A report under subsection (a) shall:
(1) Provide the following:
(i) A detailed list of the grant money awarded under
the program.
(ii) A list of the school entities participating in
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the program and the duration of their high-impact
tutoring program.
(iii) A summary of the information provided under
section 2008-L.
(2) Highlight high-performing school entities, including
those that have improved student learning using high-impact
tutoring.
(3) Provide descriptions and analyses of practices that
contributed to the improvements described in paragraph (2).
(4) Specify plans for expansion of existing high-impact
tutoring program and supports, along with proposed
applications for Federal, State, local and foundation grant
money and the use of the Pay for Success/Social Impact Bonds
model. Any plan should target an expansion of programs by at
least 20% per year.
(5) Highlight any other programs identified by the
department that would result in an efficient expansion of
high-impact tutoring programs in this Commonwealth.
(6) Specify any actions regarding high-impact tutoring
programs that the department can pursue without additional
legislative action and commence those actions within 60 days
of the publication of the report.
(7) Specify any actions regarding high-impact tutoring
programs that the department can pursue but that require
legislative action, including proposed statutory language and
budget requests.
(c) Submittal of other information.--As part of the
preparation of a report under this section, the department may
seek, and a school entity may submit to the department,
descriptions and explanations of strategies, services and
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programs that have been implemented, along with evidence
demonstrating their effectiveness in addressing learning and
achievement gaps.
(d) Public input.--Before the department advances any
recommendation in a report under this section, the department
shall provide an opportunity for public comment, including by
conducting in-person public hearings or events in different
regions of this Commonwealth, at least on a semiannual basis.
(e) Notice.--Final recommendations of the department shall
be posted on the publicly accessible Internet website of the
department within 30 days after the department adopts the
recommendations.
Section 2. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section.
(ii) Sections 2001-L and 2002-L of the act.
(2) The remainder of this act shall take effect in 90
days or upon the issuance of the guidance and best practices
specified in section 2002-L of the act, whichever is earlier.
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