(a) A member of a nonprofit teacher organization or a person who is not a member but meets the requirements under Subsection (b) may participate in a tutoring program in accordance with this section to provide supplemental instruction to students in kindergarten through grade 12 on an individualized or small-group basis.
(b) To participate in the program as a tutor, a person must:
(1) be an active or retired teacher;
(2) apply for the position in a manner specified by the nonprofit organization;
(3) designate in the application whether the person plans to provide tutoring:
(A) for compensation, on a volunteer basis, or both; and
(B) in person, online, or both; and
(4) not be included in the registry of persons not eligible for employment by a public school under Section 22A.151.
(c) The superintendent or chief executive officer of each school district or open-enrollment charter school or the person designated by the superintendent or chief executive officer shall:
(1) oversee the tutoring program within the district or school; and
(2) not later than the last day of each semester, submit a report to the board of trustees of the district or the governing body of the school that includes, with respect to that semester:
(A) the number of active or retired teachers who contacted the district or school to offer tutoring services to students in the district or school; and
(B) the number of active or retired teachers who were used by the district or school as a tutor on a volunteer basis or employed by the district or school to provide tutoring services for compensation.
(d) A school district or open-enrollment charter school may use any available local, state, or federal funds to provide compensation to a person participating in the program as a tutor who is providing tutoring for compensation under the program.
(e) If an active or retired teacher who has been approved for participation in the tutoring program contacts a school district or open-enrollment charter school to provide tutoring to students in the district or school and the district or school needs tutoring assistance, the district or school may:
(1) if the teacher is providing tutoring services on a volunteer basis, use the volunteer tutoring services provided by the teacher; or
(2) if the district or school has local, state, or federal funds for purposes of the tutoring program and the teacher is providing tutoring services for compensation, employ the teacher as a tutor.
(f) At least quarterly, each nonprofit organization participating in the tutoring program shall provide to the organization's members:
(1) a description of the tutoring program and guidance on how to participate in the program; and
(2) the contact information of each person described by Subsection (c) for the school district in which the member resides, any open-enrollment charter schools located within that district, and any adjacent districts.
(g) This section does not create a cause of action or liability or an obligation or duty that provides a basis for a cause of action or liability against a nonprofit teacher organization approved by the commissioner for the purpose of participating in the tutoring program for any action taken by a member of the organization participating in the program as a tutor.