School & District Management

Education Dept. Issues Guidance on Tutoring

By Catherine Gewertz — June 14, 2005 2 min read
  • Save to favorites
  • Print

The U.S. Department of Education on June 13 urged states to make sure that private companies and groups offering tutoring under the No Child Left Behind Act are not engaging in unfair business practices.

Read the 55-page nonregulatory guidance about how states and districts should implement the “supplemental educational services” portion of the federal law. (Word document.)

In new, nonregulatory guidance about how states and districts should implement the “supplemental educational services” portion of the federal law, the Education Department says states are obligated to ensure that tutoring providers don’t advertise falsely about their programs, or offer kickbacks to people who encourage parents to choose their services. The 55-page document suggests that states also develop policies governing the circumstances under which private providers can use incentives to boost enrollment, maintain attendance, or reward student achievement.

The guidance was issued after many requests by states, districts, and tutoring providers for clarification on their roles and duties under the law. Schools that fail to make adequate yearly progress, or AYP, on student achievement for three consecutive years must offer free tutoring to low-income children using part of their districts’ federal Title I money. Some districts and states have been scolded informally by Education Department officials for stepping beyond, or not fully embracing, their responsibilities in offering tutoring.

The new document—the first written update of guidance on supplemental services since August 2003—outlines what states, districts, and providers should and shouldn’t do to ensure tutoring is handled well. Much of the guidance has already been made public, piece by piece, in the department’s responses to states or districts in specific situations.

For instance, the guidance clarifies that districts that have been serving as tutoring providers, and are then deemed to themselves be in need of improvement, may not finish out the school year as providers, but must cease the services as soon as possible. Chicago has clashed with federal officials over that issue. (“Chicago Resisting Federal Directive on NCLB Tutoring,” Jan. 5, 2005.)

Federal officials advise states to tell districts about their AYP status before the start of the school year to avoid having them begin as tutors and risk having to stop midyear. State should consider using preliminary AYP data if necessary to make that deadline is met, the guidance says.

The guidance offers other cautions for districts. Districts can’t refuse to let a state-approved provider serve their students, nor can they evaluate a provider’s effectiveness. Only the state may judge program design and evaluate providers, the guidance states.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management A Cold Front Is Sweeping the Country. Can Schools' Heating Keep Up?
A spate of frigid temperatures across much of the country will present a test for schools' aging heating systems.
5 min read
20260122 AMX US NEWS CPS CANCELS CLASS FRIDAY DUE 1 TB
A crossing guard assists students as they arrive for classes at Chalmers STEAM Elementary school on Jan. 22, 2026, in Chicago. Extreme cold hitting much of the United States in the coming days could test schools' aging infrastructure and force school closures. Chicago Public Schools called off classes for Friday, Jan. 23.
Antonio Perez/ Chicago Tribune
School & District Management How Principals Are Coaching the Next Generation of School Leaders
Mentors give aspiring school leaders an unvarnished view of the principalship.
6 min read
Photo of school officials having conversation.
iStock
School & District Management How 4 Superintendents Are Bracing for Federal Funding Uncertainty Under Trump
Superintendent of the Year finalists discussed how they're preparing for potential cuts.
3 min read
Students at Merganthaler Vocational-Technical High School board MTA buses at the end of the school day on Dec. 13, 2024 , in Baltimore. federally funded programs allows students to access resources they might otherwise not get—like tutoring and after-school programs, according to Baltimore Superintendent Sonja Santelises.
Students at Merganthaler Vocational-Technical High School board buses at the end of the school day on Dec. 13, 2024 , in Baltimore. Federally funded programs in the city's schools allow students access to services they might otherwise not get, such as tutoring and after-school programs, Baltimore Superintendent Sonja Santelises said at a recent panel discussion of the finalists for AASA's Superintendent of the Year award.
Amy Davis/Baltimore Sun/TNS
School & District Management Q&A Why This Leader Is Willing to Risk Losing His Job to Support Immigrant Students
This small Vermont district defies backlash to support immigrant families.
6 min read
A Somali flag, right, flies alongside the United States and Vermont flags outside the Winooski School District building, Wednesday, Dec. 10, 2025, in Winooski, Vt.
A Somali flag, right, flies alongside the United States and Vermont flags outside the Winooski School District building, Wednesday, Dec. 10, 2025, in Winooski, Vt. The district's effort to show support for Somali students drew intense backlash.
Amanda Swinhart/AP