under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such school or local educational agency and their employees, the latter shall control, and compliance with the latter will not provide a basis for withholding funds under this law. 9. Definitions In this Act: (1) ESEA terms The terms Department , elementary school , local educational agency , secondary school , Secretary , State , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Program administrator The term program administrator means an individual from a State educational agency or local educational agency who— (A) ensures that a tutoring program carried out pursuant to a grant under this Act is meeting the requirements under section 6(b)(1)