; and (iii) such staff member will not be subjected to disciplinary action or penalty for declining to tutor. (4) Coordinate with government or nonprofit service organizations such as AmeriCorps to recruit and train volunteers to work in tutoring programs in local educational agencies with teacher and paraprofessional shortages. (5) Coordinate with institutions of higher education and State and local educational agencies to recruit and train students at institutions of higher education who are studying to pursue a career in education to work for tutoring programs in local educational agencies with teacher and paraprofessional shortages. (6) Develop and administer a pilot program to provide funding for training and compensation of graduates from institutions of higher education if such graduates commit to tutoring for at least 2 years in schools receiving funds under title I of the Elementary and Secondary Education Act ( 20 U.S.C. 1001 et seq. ). 8. Bargaining (a) In general If the implementation of a tutoring program pursuant to this Act is expected to affect the terms and conditions of employment of any local educational agency employee, then before the subgrant is awarded such program must be agreed to through bargaining, or where bargaining does not exist, through collaboration with the State or local educator union, with the Secretary working to mediate any disputes if an agreement cannot be reached. (b) Conflicts In the event that any requirements under this Act conflict with the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders or requirements that local educational agencies negotiate or meet and confer in good faith) or 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