Literacy Education for All, Results for the Nation Act or LEARN Act - Authorizes the Secretary of Education to award grants to states for comprehensive planning to improve the literacy of children from birth through grade 12.
Directs the Secretary to award grants to states to implement their comprehensive literacy plans for such children through: (1) competitive subgrants to local educational agencies (LEAs) or early learning programs for specified activities that support early language and literacy development in children from birth through kindergarten entry; (2) competitive subgrants to LEAs that have the highest numbers or percentages of disadvantaged students and students reading or writing below grade level for specified activities to improve the literacy of students in kindergarten through grade 12, including the provision of family literacy services; and (3) additional state activities that include providing technical assistance to subgrantees, coordinating literacy programs and resources throughout the state, disseminating information on promising literacy programs, and enhancing the credentials of literacy instructors.
Allots implementation grants to states on the basis of each state's share of disadvantaged students.
Requires the Secretary to: (1) perform a five-year national evaluation of the implementation and effect of the literacy initiatives supported by this Act, and (2) provide technical assistance and information on literacy instruction to educational entities.
Authorizes the Secretary to withhold this Act's funding from states and subgrantees, and states to withhold funding from subgrantees, whose initiatives are not making significant progress in improving student literacy.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2272 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2272
To establish a comprehensive literacy program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2011
Mr. Yarmuth (for himself, Mr. Polis, Ms. Berkley, Mr. Sablan, Mr. Brady
of Pennsylvania, Mr. Grijalva, Mr. Connolly of Virginia, Mr. Berman,
Mr. Cohen, and Ms. Hirono) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish a comprehensive literacy program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as--
(1) the ``Literacy Education for All, Results for the
Nation Act''; or
(2) the ``LEARN Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Programs authorized.
Sec. 5. State planning grants.
Sec. 6. State implementation grants.
Sec. 7. Subgrants to eligible entities in support of literacy for
children from birth through kindergarten
entry.
Sec. 8. Subgrants to eligible entities in support of literacy for
students in kindergarten through grade 12.
Sec. 9. Additional State activities.
Sec. 10. National evaluation, information dissemination, and technical
assistance.
Sec. 11. Consequences of insufficient progress, reporting requirements,
and conflicts of interest.
Sec. 12. Rules of construction.
Sec. 13. Definitions.
Sec. 14. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress finds that in order for a comprehensive and effective
literacy program to address the needs of children it is critical to
address the following:
(1) Literacy development is an ongoing process that
requires a sustained engagement and investment beginning in
early childhood and continuing through secondary school.
(2) Developing literacy skills begins at birth as infants
and toddlers associate sounds, gestures, and marks on paper
with consequences and meaning. Many teachers and staff in early
learning programs are not provided with high-quality
professional development in how to support children's language
and literacy development. Such high-quality professional
learning and preparation, that is job-embedded and ongoing,
promotes strong early language and literacy for all children's
readiness for school.
(3) Research shows that writing leads to improved reading
achievement, reading leads to better writing performance, and
combined instruction leads to improvements in both areas.
Students in kindergarten through grade 12 need to be engaged in
combined reading and writing experiences that lead to a higher
level of thinking than when either process is taught alone.
(4) Teachers and early childhood educators need
professional development to improve the reading and writing
abilities of children who are at risk for developmental delays
or are reading and writing several years below grade level.
Middle school and secondary school teachers in core academic
subjects must have the tools and skills to teach reading and
writing for subject area understanding and to differentiate and
provide instruction for students with varying literacy skills.
(5) Approximately 70 percent of 4th graders and 8th graders
read below the proficient level on the 2007 National Assessment
of Educational Progress.
(6) Between 1971 and 2008, the reading levels of 17-year-
olds in the United States showed little to no improvement. The
ability of secondary school students to read complex texts is
strongly predictive of their performance in postsecondary
mathematics and science courses.
(7) Only one-third of secondary school students who enter
9th grade each year can expect to graduate in 4 years with the
skills needed to succeed in higher education and the workplace.
(8) The 25 fastest growing professions have higher than
average literacy demands and approximately half of all job
growth between 2004 and 2014 will require high-level literacy
skills.
(9) The intellectual and linguistic skills necessary for
reading and writing must be developed through explicit,
intentional, and systematic language activities, to which many
low-income and minority students do not have access.
(10) Only 73.9 percent of secondary school students
graduate on time with a diploma, meaning that every year
1,230,000 students fail to graduate from secondary school in
the United States. These 1,230,000 nongraduates cost the United
States more than $300,000,000,000 in lost wages, taxes, and
productivity over their lifetimes.
(11) Meaningful engagement of families in their children's
early learning supports school readiness and later academic
success. Parental literacy habits are positively associated
with parental reading beliefs, parent-child literacy and
language activities in the home, children's print knowledge,
and interest in reading and writing.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve reading, writing, and academic achievement
for children and students by providing Federal support to State
educational agencies, in collaboration with State agencies that
oversee child care programs, to develop, coordinate, and
implement comprehensive State literacy plans that ensure high-
quality instruction and effective practices in early language
and literacy in early learning programs (serving children from
birth through kindergarten entry) and in reading and writing in
kindergarten through grade 12; and
(2) to assist State educational agencies and State agencies
that oversee child care and other early childhood programs in
achieving the purposes described in paragraph (1) by--
(A) supporting the development and implementation
of early learning through grade 12 literacy programs
that are based on scientifically valid research, to
ensure that every student can read and write at grade
level or above;
(B) providing children attending early learning
programs that serve children from birth through
kindergarten entry, including programs, such as child
care, Early Head Start, Head Start, State-funded
preschool, public library programs, and other early
childhood education settings, with high-quality,
language-rich, literature-rich, informational text-
rich, culturally relevant, developmentally appropriate
environments, so that such children develop the
fundamental knowledge and skills necessary for literacy
engagement, development, and achievement in
kindergarten and beyond;
(C) educating parents in the ways they can support
their child's communication and literacy development;
(D) supporting efforts to link and align standards
and evidence-based teaching practices and instruction
in early learning programs serving children from birth
through kindergarten entry;
(E) supporting high-quality, effective educational
and development environments for children and students
from birth through grade 12 to develop oral language,
reading comprehension, and writing abilities through
research-based instruction and practices;
(F) improving student achievement by establishing
literacy initiatives that provide explicit and
systematic instruction in oral language, reading, and
writing development across the curriculum;
(G) identifying and supporting students who are
reading and writing below grade level by providing
evidence-based intensive interventions, including
extended learning time, to help such students acquire
the language and literacy skills they need to graduate
from secondary school;
(H) providing assistance to eligible entities in
order to provide educators with high-quality
professional development in the essential components of
early literacy instruction and the essential components
of reading and writing instruction;
(I) supporting State educational agencies and local
educational agencies in using age- and developmentally
appropriate instructional materials and strategies,
including those consistent with universal design for
learning, that assist teachers as they work with
students to develop reading and writing competencies
appropriate to the student's grade and skill levels;
(J) supporting State educational agencies and
eligible entities in improving reading, writing, and
academic achievement for children and students,
especially those that are low-income, limited English
proficient, migratory, Indian or Alaskan Native,
neglected or delinquent, homeless, in the custody of
the child welfare system, those that have disabilities,
or those who have dropped out of school; and
(K) strengthening coordination among schools, early
learning programs, early literacy programs, family
literacy programs, juvenile justice programs, public
libraries, and outside-of-school programs that provide
children and youth with strategies, curricula,
interventions, and assessments designed to advance
early and continuing language and literacy development
in ways appropriate for each context.
SEC. 4. PROGRAMS AUTHORIZED.
(a) In General.--The Secretary is authorized--
(1) to award State planning grants in accordance with
subsection (b) and section 5; and
(2) to award State implementation grants in accordance with
subsection (b) and section 6 to enable--
(A) the State agency that oversees child care
programs, in consultation with the State Advisory
Council on Early Childhood Education and Care described
in section 642B of the Head Start Act and other early
childhood agencies, to award subgrants to eligible
entities in accordance with section 7;
(B) the State educational agency to award subgrants
to eligible entities in accordance with section 8; and
(C) the State educational agency to carry out the
additional State activities described in section 9.
(b) Awards to State Educational Agencies.--
(1) Discretionary grants.--
(A) In general.--If the amount appropriated under
section 14 for a fiscal year is less than $500,000,000
the Secretary shall--
(i) reserve not more than 5 percent of such
amount for the national evaluation,
dissemination of information, and technical
assistance under section 10;
(ii) reserve not more than 5 percent of
such amount to make awards, on a competitive
basis, under section 5; and
(iii) use the amount not reserved under
clauses (i) and (ii) to make awards, on a
competitive basis and based on the quality of
the applications submitted, to State
educational agencies that have applications
approved under section 6 to enable the agencies
to carry out sections 7 through 9.
(B) Allocation of funds.--The Secretary shall
allocate the funds described in subparagraph (A)(iii)
among approved applicants on the basis of the relative
number or percentage of children counted under section
1124(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333(c)) in a State served by an
approved applicant compared to the number or percentage
of such children in all States served by approved
applicants, except that awards under this paragraph
shall be of sufficient size and scope to be effective.
(2) Formula grants.--
(A) In general.--If the amount appropriated under
section 14 for a fiscal year is equal to or exceeds
$500,000,000 the Secretary shall--
(i) reserve not more than 5 percent of such
amount for the national evaluation,
dissemination of information, and technical
assistance under section 10;
(ii) reserve not more than 5 percent of
such amount to make awards, on a competitive
basis, under section 5;
(iii) reserve a total of 1 percent of such
amount for--
(I) allotments for the United
States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the
Northern Mariana Islands, to be
distributed among such outlying areas
on the basis of their relative need, as
determined by the Secretary in
accordance with the purposes of this
Act; and
(II) the Secretary of the Interior
for programs under sections 5 through 9
in schools operated or funded by the
Bureau of Indian Education; and
(iv) use the amount not reserved under
clauses (i) through (iii) to make awards, from
allotments under subparagraph (B), to State
educational agencies serving States, excluding
States described in clause (iii)(I), that have
applications approved under section 6 to enable
the agencies to carry out sections 7 through 9.
(B) State allotment formula.--From the funds
described in subparagraph (A)(iv), the Secretary shall
make an award to each approved applicant under section
6 on the basis of the relative number of children
counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6333(c)) in
the State served by the applicant compared to the
number of such children in all States served by
approved applicants.
(C) Proportional division.--In each fiscal year,
the amount reserved under subparagraph (A)(iii) shall
be divided between the uses described in subclauses (I)
and (II) of such subparagraph in the same proportion as
the amount reserved under section 1121(a) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6331(a)) is divided between the uses described
in paragraphs (1) and (2) of such section 1121(a) for
such fiscal year.
(3) Consultation.--
(A) In general.--As applicable, a State educational
agency that receives a discretionary grant or allotment
under this subsection shall engage in timely and
meaningful consultation with representatives of Indian
tribes located in the State in order to improve the
coordination of activities designed to develop
effective approaches to achieve the purposes of the Act
consistent with the cultural, language, and educational
needs of Indian students.
(B) Special rule.--Of the funds reserved under
paragraph (2)(A)(iii)(II), the Secretary of the
Interior shall consult with tribes and school boards
connected with bureau-funded schools to ensure
allocation of funds to the extent possible in
accordance with subparagraphs (A), (B), and (C) of
section 6(a)(2).
(c) Peer Review.--
(1) In general.--The Secretary shall convene a peer review
panel to evaluate and make recommendations to the Secretary
regarding each application for a grant under section 5 or 6
using the evaluation criteria described in paragraph (2).
(2) Development of evaluation criteria.--The Secretary
shall report to the Congress the peer review process and
evaluation criteria that will be used to evaluate grant
applications under sections 5 and 6.
(3) Membership.--
(A) Composition.--A peer review panel convened
under paragraph (1) shall be composed of not less than
9 members, of whom--
(i) 3 shall be appointed by the Secretary;
(ii) 3 shall be appointed by the Secretary
from among individuals--
(I) recommended by the Chairman of
the National Research Council of the
National Academy of Sciences; and
(II) with expertise in literacy
instruction and learning at various
developmental stages; and
(iii) 3 shall be appointed by the Secretary
from among individuals--
(I) recommended by the Director of
the National Institute of Child Health
and Human Development; and
(II) with expertise concerning
literacy development from birth through
grade 12.
(B) Competency and expertise.--
(i) Competency.--The Secretary shall ensure
that each member of the peer review panel
appointed under this paragraph is competent, by
virtue of the training, expertise, or
experience of the member, to evaluate grant
applications under sections 5 and 6.
(ii) Expertise.--The Secretary shall ensure
that the peer review panel appointed under this
paragraph includes, at a minimum--
(I) not less than one individual
with expertise in early childhood
development and early literacy;
(II) classroom teachers with
expertise in literacy or literacy
coaches, such as--
(aa) special education
teachers;
(bb) teachers of students
who are English language
learners; and
(cc) early childhood
educators;
(III) experts, including teachers,
who provide high-quality professional
development to teachers and other
individuals to support children's
literacy development;
(IV) experts in screening,
diagnostic, and formative assessments
of reading and writing; and
(V) experts in strategies and
instruction in reading and writing,
language development, and English
language acquisition, as appropriate,
including reading and writing in core
academic subjects.
(4) Distribution of recommendations.--Not later than 120
days after a peer review panel submits to the Secretary the
panel's recommendation regarding an application by a State
educational agency for a grant under section 5 or 6, the
Secretary shall notify the State educational agency that the
application has been approved or disapproved and shall provide
to such State educational agency a copy of the peer review
panel's recommendation.
(d) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, and not supplant, other Federal,
State, or local funds that would, in the absence of such grant funds,
be made available for literacy instruction and support of children and
students participating in programs assisted under this Act.
(e) Maintenance of Effort.--Each State educational agency that
receives an award under this Act, and each eligible entity that
receives a subgrant under section 7 or 8, shall maintain the
expenditures of the State educational agency or eligible entity,
respectively, for literacy instruction at a level not less than the
level of such expenditures maintained by the State educational agency
or eligible entity, respectively, for the fiscal year preceding the
fiscal year for which the grant or subgrant is received.
SEC. 5. STATE PLANNING GRANTS.
(a) Planning Grants Authorized.--
(1) In general.--The Secretary may award planning grants to
State educational agencies to enable the State educational
agencies to conduct and complete comprehensive planning, in
consultation with the State agencies that oversee child care
and other early childhood programs, the State Advisory Council
on Early Childhood Education and Care, and the State Head Start
Collaboration Office, to carry out activities that improve
literacy for children and students from birth through grade 12.
(2) Grant period.--A planning grant under this section
shall be awarded for a period of not more than 1 year.
(3) Nonrenewability.--The Secretary shall not award a State
educational agency more than 1 planning grant under this
section.
(4) Relation to implementation grants.--A State educational
agency may not receive a planning grant under this section at
the same time it is receiving an implementation grant under
section 6.
(b) Application.--
(1) In general.--Each State educational agency desiring a
planning grant under this section shall submit, jointly with
the State agencies that oversee child care and other early
childhood programs and the State Advisory Council on Early
Childhood Education and Care, an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require.
(2) Contents.--
(A) In general.--Each application shall, at a
minimum, include a description of how the State
educational agency and the State agency that oversees
child care programs propose to use the planning grant
funds awarded under this section to develop a plan for
improving State efforts to develop, coordinate, and
implement comprehensive literacy activities based on
the essential components of early literacy instruction
and the essential components of reading and writing
instruction.
(B) Required items.--Such application shall--
(i) describe the activities for which
assistance under this section is sought;
(ii) provide a budget for the use of the
planning grant funds to complete the required
activities described in subsection (c);
(iii) include an assurance that the State
has a process to safeguard against conflicts of
interest consistent with section 11(c) for
individuals providing technical assistance on
behalf of the State educational agency or the
State agency that oversees child care programs
or serving on the State literacy leadership
team; and
(iv) provide such additional assurances and
information as the Secretary determines to be
necessary to ensure compliance with the
requirements of this section.
(c) Required Activities.--A State educational agency receiving
planning grant funds under this section shall, in collaboration with
the State agencies that oversee child care and other early childhood
programs, the State Advisory Council on Early Childhood Education and
Care, and the Head Start Collaboration Office, carry out each of the
following activities:
(1) Review.--Reviewing reading, writing, or other literacy
resources and programs, such as public and school library
programs, and data across the State and coordinating any new
plans and resources under this Act with such existing resources
and programs.
(2) State literacy leadership team.--Forming or designating
a State literacy leadership team that shall execute the
following functions:
(A) Comprehensive state literacy plan.--Creating a
comprehensive State literacy plan to improve early
literacy and language development in children, and
reading, writing, and academic achievement in students
that--
(i) includes a needs assessment and an
implementation plan;
(ii) ensures high-quality literacy
strategies and instruction in early literacy
development, early learning programs (serving
children from birth through kindergarten entry)
and in kindergarten through grade 12; and
(iii) provides for activities designed to
improve literacy achievement for students,
including students with disabilities and
English language learners who--
(I) read or write below grade
level;
(II) attend schools that are
identified for school improvement under
section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6316(b)); and
(III) are counted under section
1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6333(c)).
(B) Standards.--Providing recommendations to guide
the State educational agency in such agency's process
of strengthening State literacy standards and embedding
State literacy standards into the State's challenging
academic content standards, academic achievement
standards, and to guide the State in their early
learning and development standards.
(C) Progress.--Providing recommendations to guide
the State educational agency in such agency's process
of measuring, assessing, and monitoring progress in
implementation of literacy instruction and
interventions at the school, local educational agency,
and State levels.
(D) Criteria.--Identifying criteria for high-
quality professional development providers for eligible
entities.
(E) Data.--Advising the State educational agency on
how to help ensure that local educational agencies and
schools provide timely and appropriate student
assessment data to teachers.
(F) Educator capacity.--Providing recommendations
to guide the State educational agency and the State
agencies that oversee child care and other early
childhood programs and the State Advisory Council on
Early Childhood Education and Care in such agencies'
planning process of building educators' capacity to
provide high-quality literacy instruction.
(3) Reporting requirements.--Not later than 1 year after a
State educational agency receives a planning grant under this
section, the State educational agency, in collaboration with
the State agency that oversees child care programs, shall
submit a report to the Secretary on the performance of the
activities described in this subsection by such agencies. The
Secretary shall submit a report to the Congress on the
activities carried out by State educational agencies under this
section, and shall make such report available to the public
upon its submission.
SEC. 6. STATE IMPLEMENTATION GRANTS.
(a) Implementation Grants Authorized.--
(1) In general.--The Secretary shall award implementation
grants to State educational agencies--
(A) to implement, in collaboration with the State
agencies that oversee child care and other early
childhood programs, the State Advisory Council on Early
Childhood Education and Care, and the State Head Start
Collaboration Office--
(i) the comprehensive State literacy plan
developed under section 5, if the State
educational agency received a grant under such
section; or
(ii) another comprehensive State literacy
plan for serving children from birth through
grade 12;
(B) to provide funds made available under paragraph
(2)(A) to the State agency that oversees child care
programs to award subgrants under section 7;
(C) to award subgrants under section 8; and
(D) to carry out additional State activities under
section 9.
(2) Use of funds.--State educational agency shall use
implementation grant funds received under this section as
follows:
(A) Learners from birth through kindergarten
entry.--Not less than 15 percent of such grant funds
shall be used in accordance with section 7.
(B) Students in kindergarten through grade 5.--Not
less than 40 percent of such grant funds shall be used
in accordance with section 8, to be allocated equitably
among grades kindergarten through grade 5, unless the
State educational agency determines than an exception
is necessary based on a capacity survey described in
section 8(c)(1).
(C) Students in grades 6 through 12.--Not less than
40 percent of such grant funds shall be used in
accordance with section 8, to be allocated equitably
among grades 6 through 12, unless the State educational
agency determines that an exception is necessary based
on a capacity survey described in section 8(c)(1).
(D) State activities.--Not more than 5 percent of
such grant funds shall be used for the State activities
described in section 9.
(3) Duration of grants.--An implementation grant under this
section shall be awarded for a period of not less than 3 years
and not more than 5 years.
(4) Renewals.--
(A) In general.--Implementation grants under this
section may be renewed.
(B) Conditions.--In order to be eligible to have an
implementation grant renewed under this paragraph, the
State educational agency, in collaboration with the
State agencies that oversee child care and other early
childhood programs and the State Advisory Council on
Early Childhood Education and Care, shall demonstrate,
to the satisfaction of the Secretary, that--
(i) the State educational agency has
complied with the terms of the grant, including
using the funds to--
(I) increase access to high-quality
professional development;
(II) use developmentally
appropriate curricula and teaching
materials; and
(III) use developmentally
appropriate classroom-based
instructional assessments and
developmentally appropriate screening
and diagnostic assessments; and
(ii) with respect to students in
kindergarten through grade 12, during the
period of the grant there has been significant
progress in student achievement, as measured by
appropriate assessments, including meeting the
measurable annual objectives established
pursuant to section 1111(b)(2)(C)(v) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(C)(v)).
(b) State Applications.--
(1) In general.--A State educational agency that desires to
receive an implementation grant under this section shall, in
collaboration with the State agencies that oversee child care
and other early childhood programs and the State Advisory
Council on Early Childhood Education and Care, submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
(2) Contents.--An application described in paragraph (1)
shall include the following:
(A) State literacy team and plan.--A description of
how the State educational agency has formed a State
literacy leadership team and developed a comprehensive
State literacy plan, as described in section 5.
(B) Conflicts of interest.--An assurance that the
State has a process to safeguard against conflicts of
interest consistent with section 11(c) for individuals
providing technical assistance on behalf of the State
educational agency or the State agencies that oversee
child care and other early childhood programs or
serving on the State literacy leadership team.
(C) Implementation.--An implementation plan that
includes a description of how the State educational
agency and the State agency that oversees child care
programs will--
(i) assist eligible entities with--
(I) selecting and using screening
assessments and diagnostic assessments;
(II) providing classroom-based
instruction that is supported by one-
to-one and small group instruction;
(III) using curricular materials
and instructional tools, which may
include technology, to improve
instruction and literacy achievement;
(IV) using the principles of
universal design for learning in all
phases of instructional practice,
including professional development,
curriculum development and selection of
instructional materials, and classroom
instruction;
(V) providing high-quality
professional development as part of
such eligible entities' literacy
initiatives to improve the literacy
development and learning of children
and students served under the
implementation grant; and
(VI) providing diverse learners,
including English language learners,
with culturally, linguistically, and
developmentally appropriate curricula,
instructional materials, interactive
technologies, and valid and reliable
assessments that support such learners
in meeting State academic and content
standards;
(ii) ensure that eligible entities in the
State have leveraged and are effectively
leveraging the resources to implement high-
quality literacy instruction, and have the
capacity to implement high-quality literacy
initiatives effectively;
(iii) ensure that professional development
activities are based on--
(I) the essential components of
early literacy instruction and the
essential components of reading and
writing instruction, as appropriate;
and
(II) evidence-based English
language acquisition and adult learning
research, as appropriate;
(iv) coordinate and align, as appropriate,
the activities assisted under this section and
sections 7 and 8 with other State and local
programs that--
(I) serve children and students,
and their families; and
(II) promote literacy instruction
and learning;
(v) ensure that funds provided under this
section are awarded in a manner that will
provide services to all age and grade levels
consistent with section 6(a)(2);
(vi) award subgrants to eligible entities
to enable the eligible entities to carry out
the activities described in sections 7 and 8,
including to--
(I) eligible entities that serve
rural areas; and
(II) eligible entities that serve
urban areas; and
(vii) assist the eligible entities in the
State in--
(I) providing strategic and
intensive literacy instruction for
students reading and writing below
grade level, including through the use
of multitiered systems of supports;
(II) providing high-quality
professional development in literacy
instruction to teachers, including--
(aa) special education
teachers or teachers of
students who are English
language learners; and
(bb) teachers of core
academic subjects;
(III) addressing the literacy needs
of children and students with
disabilities and English language
learners served by the eligible entity;
and
(IV) providing training to parents
so that the parents can participate in
the literacy related activities
described under sections 7 and 8 to
assist in the language and literacy
development of their children.
(D) Key data metrics.--A description of the key
data metrics that will be collected and reported
annually under section 11(b)(1)(E).
(E) National evaluation.--An assurance that the
State educational agency, the State agency that awards
subgrants under section 7, and any eligible entity
receiving a subgrant under section 7 or 8, will, if
requested, participate in the national evaluation under
section 10.
(F) Priority.--An assurance that the State
educational agency and the State agency that oversees
child care programs, as appropriate, shall prioritize
awarding subgrants--
(i) under section 7, based on the
percentage of low-income children proposed to
be served by the applicant; and
(ii) under section 8, based on the number
or percentage of children counted under section
1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c))
proposed to be served by the applicant.
SEC. 7. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF LITERACY FOR
CHILDREN FROM BIRTH THROUGH KINDERGARTEN ENTRY.
(a) Subgrants.--A State educational agency shall provide the funds
provided under section 4(a)(2)(A) to the State agency that oversees
child care programs, who shall award subgrants, on a competitive basis,
in consultation with the State Advisory Council on Early Childhood
Education and Care and other State early childhood agencies, to
eligible entities to enable the eligible entities to carry out the
activities described in subsection (e).
(b) Sufficient Size and Scope.--Each subgrant awarded under this
section shall be of sufficient size and scope to allow the eligible
entity to carry out the activities described in subsection (e).
(c) Local Applications.--An eligible entity that desires to receive
a subgrant under this section shall submit an application to the State
agency that oversees child care programs, at such time, in such manner,
and including such information as such agency may require. Such
application shall include a description of--
(1) the programs assisted under the subgrant, including
demographic and socioeconomic information on the children from
birth through kindergarten entry enrolled in the programs;
(2) a budget for the eligible entity that projects the cost
of developing and implementing literacy initiatives to carry
out the activities described in subsection (e);
(3) how the subgrant funds will be used to enhance the
language and literacy aspects of school readiness of children
from birth through kindergarten entry in early childhood
education programs;
(4) how the subgrant funds will be used to prepare and
provide ongoing assistance to staff in the programs, through
professional development focused on the essential components of
early literacy instruction, including onsite intensive
mentoring by early childhood literacy coaches to provide high-
quality literacy activities based on scientifically valid
research on child development and learning for children from
birth through kindergarten entry;
(5) how the subgrant funds will be used to provide
services, incorporate activities, and select and use literacy
instructional materials that are based on scientifically valid
research on child development and early learning;
(6) how the subgrant funds will be used to provide--
(A) screening assessments or other appropriate
measures--
(i) to effectively identify children from
birth through kindergarten entry who may be at
risk for delayed development or later academic
difficulties; and
(ii) to determine whether such children are
developing the fundamental knowledge necessary
for literacy, engagement, development, and
achievement in kindergarten and beyond; and
(B) diagnostic assessments, as appropriate, to
determine the need for additional services;
(C) classroom-based instructional assessments; and
(D) other appropriate assessments of developmental
progress;
(7) how the subgrant funds will be used to help
instructional staff in the programs assisted under the subgrant
to more effectively meet the diverse developmental and
linguistic needs of children from birth through kindergarten
entry in the community, including the needs of English language
learners and children with disabilities;
(8) how the subgrant funds will be used to ensure that
parents receive instruction--
(A) on their children's early literacy development;
and
(B) on how parents can support children's literacy
development at home;
(9) how the subgrant funds will be used to help children,
particularly children experiencing difficulty with spoken and
written language, to make the transition from early education
to formal classroom instruction;
(10) how the activities assisted under the subgrant will be
coordinated with literacy instruction at the kindergarten
through grade 3 levels;
(11) how the eligible entity will--
(A) evaluate the success of the activities
supported under the subgrant in enhancing the early
language and literacy development of children served
under such subgrant; and
(B) evaluate data for program improvement; and
(12) such other information as the State agency that
oversees child care programs may require.
(d) Approval of Local Applications.--The State agency that oversees
child care programs shall--
(1) award subgrants to eligible entities in accordance with
this section based on the quality of applications submitted;
and
(2) prioritize awarding subgrants based on the criteria
described in section 6(b)(2)(F).
(e) Local Uses of Funds.--
(1) Required uses.--An eligible entity that receives a
subgrant under this section shall use the subgrant funds to
carry out the following activities to support the development
of early language and literacy in children from birth through
kindergarten entry:
(A) Enhance and improve early learning programs to
ensure that children in such programs are provided with
high-quality, developmentally appropriate oral
language, literature- and print-rich environments.
(B) Provide high-quality professional development
on how children develop language and literacy skills
(including children with disabilities and English
language learners), and the selection and integration
of developmentally, linguistically, and culturally
appropriate literacy instructional strategies,
activities, and materials, which may include the use of
an early literacy coach for the staff of the eligible
entity, in such entity's curriculum and activities.
(C) Acquire, provide training for, and implement,
as appropriate--
(i) screening assessments or other
appropriate measures to determine whether
children from birth through kindergarten entry
are developing appropriate early language and
literacy skills;
(ii) diagnostic assessments, as
appropriate, to determine the need for
additional services; and
(iii) classroom-based instructional
assessments.
(D) Acquire, as appropriate, and integrate
evidence-based instructional materials, activities,
tools, and measures into the early learning programs
offered by the eligible entity to improve development
of children's early language and literacy skills.
(2) Allowable uses.--An eligible entity that receives a
subgrant under this section may use the subgrant funds to carry
out either or both of the following activities to support the
development of early language and literacy in children from
birth through kindergarten entry:
(A) Selecting, developing, and implementing a
multitier system of supports.
(B) Providing activities that encourage family
literacy experiences and practices and educate parents
of children enrolled in a program receiving funds under
this section on the development of their children's
early literacy skills.
(f) Prohibition.--The use of assessment items and data on any
assessment authorized under this section to provide rewards or
sanctions for individual children, early learning providers, program
directors, or principals is prohibited.
SEC. 8. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF LITERACY FOR
STUDENTS IN KINDERGARTEN THROUGH GRADE 12.
(a) Subgrants.--A State educational agency shall use the
implementation grant funds provided under section 4(a)(2)(B) to award
subgrants, on a competitive basis, to eligible entities to enable the
eligible entities to carry out the activities described in subsection
(e).
(b) Sufficient Size and Scope.--Each subgrant awarded under this
section shall be of sufficient size and scope to allow the eligible
entity to carry out the activities described in subsection (e).
(c) Local Applications.--An eligible entity desiring to receive a
subgrant under this section shall submit an application to the State
educational agency at such time, in such manner, and containing such
information as the State educational agency may require. Such
application shall include, the following information:
(1) Capacity survey.--Results of the eligible entity's
capacity survey that--
(A) identify--
(i) the strengths and weaknesses of such
entity related to literacy;
(ii) how subgrant funds will be used to
inform and improve literacy instruction within
such entity; and
(iii) the demographic and socioeconomic
information on the students enrolled in such
entity; and
(B) include an analysis, disaggregated by the
subgroups described in section 1111(b)(2)(C)(v)(II) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)(v)(II)) and by grade level, of--
(i) State scores on the reading or language
arts assessments conducted under section
1111(b)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(3));
(ii) National Assessment of Educational
Progress reading scores, as appropriate;
(iii) the percentage of students in need of
reading and writing remediation;
(iv) core course passing and failure rates
for secondary school students;
(v) credit accumulation for secondary
school students; and
(vi) graduation rates.
(2) Professional development.--How each participating
school, eligible entity, or a provider of high-quality
professional development will provide ongoing high-quality
professional development in language development, English
language acquisition (as appropriate), and literacy instruction
to all teachers, principals, and other school leaders served by
the school.
(3) Interventions.--How each participating school will
identify students in need of interventions and provide
appropriate scientifically valid instructional interventions
and extended learning time for struggling students.
(4) Budget.--A budget for each participating school that
projects the cost of developing and implementing literacy
initiatives to carry out the activities described in subsection
(e).
(5) Integration.--An explanation of how each participating
school will integrate literacy instruction into core academic
subjects.
(6) Coordination.--A description of how each participating
school will coordinate literacy instruction with early
education, after-school programs, and other programs serving
students in the school, such as library programs, as
appropriate.
(7) Assessments.--A description of the screening,
diagnostic, formative, and summative assessments that will be
used in an assessment system to improve literacy instruction
and track student literacy progress.
(8) Families and caregivers.--A description of how the
families and caregivers will be involved in supporting their
children's literacy instruction and assessment.
(9) Initiatives.--A description of the literacy and other
academic initiatives, if any, in place and how these
initiatives will be coordinated and integrated with activities
supported under this section.
(10) Participation in evaluation.--An assurance that the
eligible entity will, if requested, participate in the national
evaluation described in section 10.
(d) Approval of Local Applications.--The State educational agency
shall--
(1) award subgrants to eligible entities in accordance with
this section based on the quality of applications submitted;
and
(2) prioritize awarding subgrants to eligible entities
based on the criteria described in section 6(b)(2)(F).
(e) Local Uses of Funds for Kindergarten Through Grade 12.--
(1) Required uses.--An eligible entity that receives a
subgrant under this section shall use the subgrant funds to
carry out the following activities for students in kindergarten
through grade 12:
(A) Develop and implement a literacy initiative
that--
(i) includes all of the essential
components of reading and writing instruction;
(ii) supports activities that are provided
primarily during the regular school day but
which may be augmented by instruction during
nonschool hours or periods when school is not
in session (such as before and after school or
during summer recess);
(iii) integrates literacy instruction into
core academic subjects and, to the extent
practicable, other subjects taught in a school,
such as career and technical education; and
(iv) addresses the literacy needs of
English language learners and students with
disabilities.
(B) Form school literacy leadership teams to help
implement, assess, and identify changes to the literacy
initiative.
(C) Provide high-quality, developmentally
appropriate oral language, including listening and
speaking, literature, and print-rich classroom
environments.
(D) Provide high-quality professional development
for instructional staff, including literacy coaches and
teachers of students with disabilities and English
language learners.
(E) Select and administer screening and diagnostic
assessments and support teachers' use of formative
assessments and assessment data to plan instruction.
(F) Select and implement a multitier system of
supports that includes intensive, supplemental
interventions for students in grades kindergarten
through grade 5 reading below grade level.
(G) Provide training to principals and other school
and district personnel in implementing the literacy
initiative, particularly in the areas of--
(i) utilizing data;
(ii) assessing the quality of literacy
instruction across content areas; and
(iii) providing time and support for
teachers to plan literacy instruction.
(H) Provide family literacy services for students
and their parents, including training to enable
families and caregivers to support the literacy
initiative.
(I) Promote writing experiences and implement
programs that instruct and engage students in
practicing writing for multiple audiences and purposes
appropriate to the interests and capacities of
students.
(J) Annually collect, analyze, and report data to
the State educational agency.
(2) Allowable uses.--An eligible entity that receives a
subgrant under this section may use the subgrant funds to carry
out the following activities for students in kindergarten
through grade 12:
(A) Acquire and utilize developmentally appropriate
instructional materials based on scientifically valid
research, including materials that utilize technology.
(B) Hire and train literacy coaches.
(C) Select and implement a multitier system of
supports that includes intensive, supplemental
interventions for students in grades 6 through 12
reading below grade level.
(D) Promote reading, library, and writing programs
that provide access to engaging reading material in
school and at home.
(E) Connect out-of-school learning opportunities to
in-school learning, including the alignment of after-
school activities with in-school curricula, in order to
improve the literacy achievement of students.
(F) Form an acting partnership with 1 or more
public or private nonprofit organizations that have a
demonstrated record of effectiveness in improving
literacy development or providing professional
development aligned with the activities described in
this subsection.
(G) Providing time for teachers and school
librarians to meet to plan literacy instruction, as
appropriate.
(f) Limitation to Certain Schools.--An eligible entity receiving a
subgrant under this section shall, in distributing subgrant funds under
this subsection, provide the subgrant funds only to schools, including
public charter schools, that--
(1) are among the schools served by the eligible entity
with the highest numbers or percentages of students in grades
kindergarten through 12 reading and writing below grade level,
based on the most current State data as available; and
(2) have the highest numbers or percentages of children
counted under section 1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)).
SEC. 9. ADDITIONAL STATE ACTIVITIES.
(a) Required Activities.--A State educational agency, in
consultation with the State agency that oversees child care programs,
shall use funds made available under section 4(a)(2)(C) and described
in section 6(a)(1)(D) to carry out each of the following activities:
(1) Providing technical assistance or engaging qualified
providers to provide such assistance, to assist eligible
entities to design and implement literacy initiatives.
(2) Identifying and supporting high-quality professional
development in literacy instruction for eligible entities.
(3) Coordinating activities under this Act with reading,
writing, and other literacy resources and programs across the
State.
(4) Disseminating information, including making publicly
available on the Web sites of the State educational agency and
the State agency that oversees child care programs, on
promising practices to improve children's early literacy and
language development and student literacy achievement.
(5) Reviewing and developing recommendations in
collaboration with teachers, early childhood providers,
statewide educational and professional organizations
representing teachers, and statewide and educational and
professional organizations representing institutions of higher
education, to strengthen State licensure and certification
standards for literacy instruction in early education through
grade 12.
(6) Coordinating with institutions of higher education in
the State to strengthen and enhance pre-service course work for
students preparing to teach literacy to children and students
from birth through grade 12.
(7) Administration and reporting.
(b) Permissive Activities.--A State educational agency, in
collaboration with the State agency that oversees child care programs,
may use funds made available under section 4(a)(2)(C) and described in
section 6(a)(1)(D) to carry out one or more of the following
activities:
(1) Training personnel of eligible entities to use data
systems to track student literacy achievement.
(2) Developing and providing training to literacy coaches,
including literacy coaches with expertise in early literacy
development, language development, and adolescent literacy.
SEC. 10. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND TECHNICAL
ASSISTANCE.
(a) National Evaluation.--
(1) In general.--From funds reserved under paragraph
(1)(A)(i) or (2)(A)(i) of section 4(b), the Secretary shall
perform a 5-year national evaluation of the grant and subgrant
programs assisted under this Act by entering into one or more
contracts or cooperative agreements with independent
organizations. Such evaluation shall include scientifically
valid research that applies rigorous and systematic procedures
to obtain information relevant to the implementation and effect
of the programs assisted under this Act.
(2) Contents of evaluation.--The evaluation described in
this subsection shall include an analysis of each of the
following:
(A) Impact.--The impact of literacy initiatives
supported under this Act on improving early literacy
skills and student academic outcomes, including student
literacy development in reading and writing, student
literacy development in other academic content areas,
grade promotion, and graduation.
(B) Implementation of core features.--The fidelity
of implementation of core program features, such as
coherence of program across grades, quality of
technical assistance, State and school district
leadership, professional development for teachers and
administrators, use of quality materials and pedagogy,
and use of assessment.
(C) Other inquiries.--Other inquiries as designated
by the Secretary, such as--
(i) the types of literacy initiatives that
have demonstrated the greatest impact on
student achievement;
(ii) how State standards, local educational
agency and school curricula, assessments, and
interventions combine to improve literacy;
(iii) how screening, diagnostic, and
formative assessments of reading and writing
assist teachers in identifying students'
reading and writing needs;
(iv) how job-embedded, ongoing, high-
quality professional development improves
teacher practice and increases literacy skills
of children and students;
(v) the types of literacy activities that
improve the early reading, writing, and
language skills of children from birth through
kindergarten entry;
(vi) how early learning providers are being
prepared with scientifically valid research on
early childhood literacy and literacy
development;
(vii) how early literacy instructional
materials and activities based on
scientifically valid research are being
integrated into preschools, child care programs
and programs carried out under the Head Start
Act (42 U.S.C. 9831 et seq.), and family
literacy programs;
(viii) the impact of adolescent literacy
initiatives on student motivation, engagement,
and participation in adolescent literacy
activities;
(ix) the impact of literacy initiatives on
diverse learners, including English language
learners;
(x) the relationship between students'
literacy achievement and secondary school
graduation rates; and
(xi) effective strategies to integrate
school and public library programs to improve
literacy.
(3) Reports.--
(A) Interim report.--Not later than 2 years after
the date of the enactment of this Act, the Secretary
shall submit to the Congress an interim report on the
national evaluation conducted under this subsection.
(B) Final report.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall
submit a final report containing the results of the
national evaluation conducted under this subsection
to--
(i) State educational agencies and eligible
entities on a periodic basis for use in program
improvement; and
(ii) the Congress.
(b) Information Dissemination and Technical Assistance.--
(1) In general.--From amounts reserved under paragraph
(1)(A)(i) or (2)(A)(i) of section 4(b), the Secretary shall, in
collaboration with the Secretary of Health and Human Services,
the Director of the National Institute of Child Health and
Human Development, regional educational laboratories
established under section 174 of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9564), and the comprehensive centers
established under section 203 of the Educational Technical
Assistance Act of 2002 (20 U.S.C. 9602), distribute information
and provide technical assistance on literacy instruction,
including--
(A) information on literacy instruction and the
impact of the instruction on--
(i) student achievement, motivation, and
engagement for literacy; and
(ii) student graduation with a secondary
school diploma;
(B) information on elements of job-embedded,
ongoing, high-quality professional development that
improves literacy achievement in children and students
in early education through grade 12; and
(C) information on schools, eligible entities, and
States that have successfully improved literacy
achievement in early education through grade 12.
(2) Dissemination and coordination.--The Secretary shall
disseminate and make publicly available the information
described in paragraph (1) to--
(A) recipients of Federal financial assistance
under this Act, part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), and the Adult Education and Family
Literacy Act (20 U.S.C. 9201 et seq.); and
(B) each school operated or funded by the Bureau of
Indian Education.
(3) Use of networks.--In carrying out this subsection, the
Secretary shall, to the extent practicable, use information and
dissemination networks developed and maintained through other
public and private entities.
SEC. 11. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING REQUIREMENTS,
AND CONFLICTS OF INTEREST.
(a) Consequences of Insufficient Progress.--
(1) Consequences for grant recipients.--If the Secretary
determines that a State educational agency receiving an award
under section 4(b) or an eligible entity receiving a subgrant
under section 7 or 8 is not making significant progress in
meeting the purposes of this Act after the submission of a
report described in subsection (b), then the Secretary may
withhold, in whole or in part, further payments under this Act
in accordance with section 455 of the General Education
Provisions Act (20 U.S.C. 1234d) or take such other action
authorized by law as the Secretary determines necessary,
including providing technical assistance upon request of the
State educational agency, or eligible entity, respectively.
(2) Consequences for subgrant recipients.--A State
educational agency or State agency that oversees child care
programs, as appropriate, receiving an award under section 4(b)
may refuse to award subgrant funds to an eligible entity under
section 7 or 8 if such State agency finds that the eligible
entity is not making significant progress in meeting the
purposes of this Act, after--
(A) providing technical assistance to the eligible
entity; and
(B) affording the eligible entity notice and an
opportunity for a hearing.
(b) Reporting Requirements.--
(1) State educational agency reports.--Each State
educational agency receiving an award under section 6 shall
report annually to the Secretary regarding the State
educational agency's progress and the progress of the State
agency that oversees child care programs in addressing the
purposes of this Act. Such report shall include, at a minimum,
a description of--
(A) the professional development activities
provided under the award, including types of activities
and entities involved in providing professional
development to early childhood providers, classroom
teachers, and other instructional staff;
(B) instruction, strategies, activities, curricula,
materials, and assessments used in the programs funded
under the award;
(C) the types of programs and program settings for
children younger than kindergarten entry funded under
the award and the ages, grade levels, and demographic
information of children served by the programs funded
under the award, except that individually identifiable
information shall not be included;
(D) the experience and qualifications of the
instructional staff who provide literacy instruction
under the programs funded under the award, including
the experience and qualifications of those staff
working with children with disabilities, English
language learners, and children younger than
kindergarten entry;
(E) key data metrics used for literacy initiatives;
(F) student performance on relevant program
metrics, as identified in the State education agency's
implementation plan under section 6(b)(2)(C), such as--
(i) the number of students reading and
writing on grade level by the end of the third
grade, disaggregated by the subgroups described
in section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(C)(v)(II)); and
(ii) the instruction and activities
delivered to at-risk students served under the
award; and
(G) the outcomes of programs and activities
provided under the award.
(2) Eligible entity reports.--Each eligible entity
receiving a subgrant under section 7 or 8 shall report annually
to the State educational agency or the State agency that
oversees child care programs, as appropriate, regarding the
eligible entity's progress in addressing the purposes of this
Act. Such report shall include, at a minimum, a description
of--
(A) how the subgrant funds were used;
(B) the degree of appropriate developmental
progress or literacy achievement growth of students,
including children who are English language learners
and children with disabilities, assisted under the
subgrant;
(C) the professional development of activities
provided under the award, including types of activities
and entities involved in providing professional
development to early childhood providers, classroom
teachers, and other instructional staff;
(D) instruction, strategies, activities, curricula,
materials, and assessments used in the programs funded
under the award;
(E) the types of programs funded under the award
and the ages, grade levels, and demographic information
of children served by the programs funded under the
award, except that individually identifiable
information shall not be included;
(F) the experience and qualifications of the
instructional staff who provide literacy instruction
under the programs funded under the award, including
the experience and qualifications of those staff
working with children with disabilities and with
English language learners;
(G) key data metrics used for literacy initiatives;
(H) student performance on relevant program
metrics, as identified in the State education agency's
implementation plan under section 6(b)(2)(C), such as--
(i) the number of students reading and
writing on grade level by the end of the third
grade, disaggregated by the subgroups described
in section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(C)(v)(II)) ; and
(ii) the instruction and activities
delivered to at-risk students served under the
award;
(I) the outcomes of programs and activities
provided under the award; and
(J) the results of an external evaluation, if the
Secretary determines applicable.
(c) Conflicts of Interest.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Education shall
create and implement procedures--
(A) to assess whether a covered individual or
entity has a potential conflict of interest; and
(B) to require the disclosure and mitigation of any
such conflict of interest to ensure the integrity of
the related program.
(2) Evaluation by the comptroller general.--
(A) In general.--Not later than 60 days after the
creation of the procedures described in paragraph (1),
the Comptroller General of the United States shall
report to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on the
adequacy of such procedures to identify, disclose, and
manage conflicts of interest.
(B) Updates.--Beginning not less than 6 months
after the report described in subparagraph (A) is
filed, the Comptroller General shall evaluate the
Department's implementation of the procedures described
in paragraph (1) and report to the Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate every 6 months to ensure that the
Department has adequately implemented such procedures.
The Comptroller General shall include in the reports
any recommendations for modifications to such
procedures that the Comptroller General determines are
appropriate to properly identify, disclose, and manage
conflicts of interest.
(3) Definitions.--For the purposes of this subsection:
(A) The term ``covered individual or entity''
means--
(i) an officer or professional employee of
the Department of Education;
(ii) a contractor or subcontractor of the
Department, or an individual hired by the
contracted entity;
(iii) a member of a peer review panel
described in section 4(c); or
(iv) a consultant or advisor to the
Department.
(B) The term ``conflict of interest'' means a
financial interest or other self-interest that a
reasonable person would expect to lead to an undue
bias, or the appearance of such bias, towards a
particular product or service purchased with,
guaranteed or insured by, or under consideration for
purchase with, or to be guaranteed or insured by, funds
administered by the Department of Education or a
contracted entity of the Department.
SEC. 12. RULES OF CONSTRUCTION.
(a) Student Eligibility.--Nothing in this Act shall be construed to
prohibit students eligible for assistance under title I or III of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.,
6801 et seq.) or students eligible for assistance under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) from receiving
literacy instruction and intervention under this Act.
(b) IDEA Evaluation.--The assessments required under this Act shall
not be construed to constitute an evaluation required under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
SEC. 13. DEFINITIONS.
(a) In General.--Except as otherwise provided in this Act, the
terms used in this Act have the meanings given such terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(b) Other Terms.--In this Act:
(1) Child with a disability.--The term ``child with a
disability'' has the same meaning given the term in section
602(3) of the Individuals with Disabilities Education Act (20
U.S.C. 1401(3)).
(2) Classroom-based instructional assessment.--The term
``classroom-based instructional assessment'' means an
assessment for children in third grade or younger that--
(A) is valid and reliable for the age and
population of children served in the program, and is
used to evaluate children's developmental progress and
learning, including systematic observations by teachers
of children performing tasks, including academic and
literary tasks, that are part of their daily classroom
experience; and
(B) is used to improve classroom instruction.
(3) Diagnostic assessment.--The term ``diagnostic
assessment'' means an assessment that--
(A) is developmentally, linguistically, and
culturally appropriate;
(B) is valid, reliable, and based on scientifically
valid research on language, literacy, and English
language acquisition;
(C) is used for the purposes of--
(i) identifying a student's specific areas
of strengths and weaknesses in oral language
and literacy;
(ii) determining any difficulties that the
student may have in language and literacy and
the potential cause of such difficulties; and
(iii) helping to determine possible
literacy intervention strategies and related
special needs of the student; and
(D) in the case of young children, is conducted
after a screening assessment that identifies potential
risks for delayed development or later academic
difficulties.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) when used with respect to children from birth
through kindergarten entry--
(i) one or more local educational agencies
providing early learning programs, or one or
more public or private early learning programs,
serving children from birth through
kindergarten entry, such as a Head Start
agency, an Early Head Start program, a child
care program, a State-funded pre-kindergarten
program, a public library program, or a family
literacy program that has a demonstrated record
of providing effective literacy instruction for
the age group such agency or program is
proposing to serve under section 7; or
(ii) one or more local educational agencies
providing early learning programs, or one or
more public or private early learning programs,
serving children from birth through
kindergarten entry, such as a Head Start
agency, an Early Head Start program, a child
care program, a State-funded pre-kindergarten
program, a public library program, or a family
literacy program in partnership with one or
more public or private nonprofit organizations
or agencies that have a demonstrated record of
effectiveness--
(I) in improving the early literacy
development of children from birth
through kindergarten entry; and
(II) in providing professional
development aligned with the activities
described in section 7(e)(1); and
(B) when used with respect to students in
kindergarten through grade 12, a local educational
agency or consortium of local educational agencies
that--
(i) is among the local educational agencies
in the State with the highest numbers or
percentages of students reading and writing
below grade level, based on the most current
State data, where available; and
(ii) has the highest numbers or percentages
of children who are counted under section
1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)), in
comparison to other local educational agencies
in the State.
(5) English language acquisition.--
(A) In general.--The term ``English language
acquisition'' means the process by which a non-native
English speaker acquires proficiency in speaking,
listening, reading, and writing the English language.
(B) Inclusion for english language learners in
school.--For an English language learner in school,
such term includes not only the social language
proficiency needed to participate in the school
environment, but also the academic language proficiency
needed to acquire literacy and academic content and
demonstrate the student's learning.
(6) English language learner.--The term ``English language
learner'' means an individual who is limited English
proficient, as defined in section 9101(25) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801(25)).
(7) Essential components of early literacy instruction.--
The term ``essential components of early literacy instruction''
means providing, for children prior to the age of kindergarten
entry, interactive experiences in a print- and literacy-rich
environment that promote the development of--
(A) oral language, including vocabulary, grammar,
and syntax;
(B) motivational aspects of early literacy,
including enjoyment of reading and books;
(C) book-reading behaviors, including book handling
and orientation;
(D) recognition and understanding of pictures and
story concepts;
(E) concepts about print;
(F) alphabet knowledge;
(G) phonological awareness, including the awareness
of rhymes, sounds, and syllables;
(H) emergent writing skills, including use of
writing materials; and
(I) integration of print concepts into play.
(8) Essential components of reading and writing
instruction.--The term ``essential components of reading and
writing instruction'' means, for students in kindergarten
through grade 12, developmentally appropriate, explicit, and
systematic instruction that provides students the following:
(A) With respect to students in kindergarten
through grade 12--
(i) high-quality professional development
for teachers, instructional staff, and
principals;
(ii) diverse texts at the appropriate
reading and interest level of students;
(iii) differentiated instructional
approaches;
(iv) instruction and supports to increase
students' motivation to read, including self-
directed learning;
(v) as appropriate, systematic and
intensive one-to-one and small group
instruction, including extended time for
intense intervention for students reading
significantly below grade level, which can be
provided both inside and outside the classroom
as well as during and outside regular school
hours;
(vi) opportunities to write individually
and collaboratively;
(vii) instruction in uses of print
materials, multimedia, and technological
resources for research and for generating and
presenting content and ideas; and
(viii) use of screening, diagnostic,
formative, and summative assessments.
(B) With respect to students in grades kindergarten
through grade 3--
(i) strategic and explicit instruction
using phonological awareness, phonic decoding,
vocabulary, language structure, reading fluency
and reading comprehension;
(ii) use of oral modeling techniques to
build language skills; and
(iii) coordinated involvement of families,
caregivers, school leaders, and instructional
staff.
(C) With respect to students in grades 4 through
12--
(i) direct and explicit comprehension
instruction;
(ii) direct and explicit instruction that
builds academic vocabulary;
(iii) multiple opportunities to write with
clear purposes and critical reasoning
appropriate to the topic and purpose and with
specific instruction and feedback from
teachers;
(iv) text-based collaborative learning; and
(v) coordinated involvement of school
leaders and instructional staff that are
interdisciplinary and interdepartmental and
that analyze student work over time and plan
literacy instruction.
(9) Family literacy services.--The term ``family literacy
services'' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
(A) Interactive literacy activities between parents
and their children.
(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
(C) Parent literacy training that leads to economic
self-sufficiency.
(D) An age-appropriate education to prepare
children for success in school and life experiences.
(10) Formative assessment.--The term ``formative
assessment'' means assessment questions, tools, and processes
that are--
(A) developmentally, linguistically, and culturally
appropriate;
(B) embedded in instruction; and
(C) used by teachers and students to provide timely
feedback for purposes of adjusting instruction to
improve learning.
(11) High-quality professional development.--The term
``high-quality professional development'' means professional
development that--
(A) is job-embedded, ongoing, and based on
scientifically valid research;
(B) is sustained, intensive, and classroom focused,
and may include a one-day or short-term workshop or
conference, if such workshop or conference is part of a
professional development plan for the attendee;
(C) is designed to increase the knowledge and
expertise of instructional staff in implementing the
essential components of early literacy instruction and
the essential components of reading and writing
instruction, as appropriate;
(D) includes and supports teachers and early
learning providers in administering age- and
developmentally appropriate assessments; and analyzing
the results of these student assessments when
implementing the essential components of early literacy
instruction and the essential components of reading and
writing instruction for the purposes of planning,
monitoring, adapting, and improving classroom
instruction or teaching strategies to improve student
learning, as appropriate;
(E) for kindergarten through 12th grade, supports
the integration of literacy instruction in core
academic subjects and, to the extent practicable, other
subjects taught at school, such as career and technical
education;
(F) includes information on one-to-one, small
group, and classroom-based instructional materials and
approaches based on scientifically valid research on
literacy;
(G) provides ongoing instructional literacy
coaching--
(i) to ensure high-quality implementation
of effective practices of literacy instruction
that is content centered, integrated across the
curricula, collaborative, and school, setting,
and classroom embedded; and
(ii) that uses student data to improve
instruction;
(H) includes and supports teachers in setting high
reading and writing achievement goals for all students
and provides the teachers with the instructional tools
and skills, including strategies consistent with the
principles of universal design for learning, to help
students reach such goals; and
(I) is differentiated for educators working with
children from birth through kindergarten entry,
students in kindergarten through grade 5, and students
in grades 6 through 12, and, as appropriate, by student
grade or student need.
(12) Instructional staff.--
(A) In general.--The term ``instructional staff''
means individuals who have responsibility for teaching
students to read and write, or in the case of children
from birth to kindergarten entry, teaching early
literacy skills and language development.
(B) Inclusions.--Such term includes principals,
teachers, early learning providers, supervisors of
instruction, pupil services personnel, librarians,
library school media specialists, teachers of academic
subjects other than reading or writing, other school
leaders, literacy coaches, and other individuals who
have responsibility for assisting children to learn to
read and write.
(13) Literacy coach.--The term ``literacy coach'' means a
professional--
(A) who--
(i) has previous teaching experience and--
(I) for the purpose of literacy
coaches working with early learning
programs, has expertise in early
childhood development and early
literacy; and
(II) for the purpose of literacy
coaches working with kindergarten
through grade 12--
(aa) a master's degree with
a concentration in reading and
writing education; or
(bb) has demonstrated
proficiency in teaching reading
or writing in a core academic
subject; and
(ii) is able to demonstrate the ability to
help early learning providers or teachers--
(I) use evidence-based research on
how children and students become
successful readers, writers, and
communicators;
(II) use multiple forms of
assessment to guide instructional
decisionmaking;
(III) for the purpose of literacy
coaches working with--
(aa) early learning
programs, support and
coordinate the language and
literacy curricula and
activities with the overall
early childhood education
program; and
(bb) teachers in
kindergarten through grade 12,
improve student writing and
reading in and across content
areas such as mathematics,
science, social studies, and
language arts;
(IV) develop and implement
differentiated instruction and teaching
approaches to serve the needs of
diverse learners, including English
language learners and children with
disabilities;
(V) use the principles of universal
design for learning in instructional
strategies and in selecting materials
and tools to serve the diverse needs of
all learners, including English
language learners and children with
disabilities;
(VI) employ best practices in
engaging instructional staff to change
school cultures to better encourage and
support literacy development and
achievement;
(VII) use data to improve
instruction; and
(VIII) for the purpose of literacy
coaches working with--
(aa) early learning
programs, set developmentally
appropriate early literacy
goals and select and acquire
instructional tools and skills
to help children reach such
goals; and
(bb) kindergarten through
grade 12, set high reading and
writing achievement goals for
all students and select and
acquire instructional tools and
skills to help students reach
such goals; and
(B) whose role with early learning providers,
teachers and school personnel is--
(i) to provide high-quality professional
development opportunities in literacy and
language development for early learning
providers, teachers and school personnel,
including in the case of early learning
providers, helping staff in planning and
implementation of ongoing professional
development;
(ii) to work cooperatively and
collaboratively with principals, teachers,
early learning providers and other
professionals in planning programs to help, as
appropriate--
(I) early learning providers
identify children's early literacy
needs so that such providers can meet
the early literacy needs of children at
risk for delayed development and later
academic difficulties; and
(II) teachers identify student
literacy needs and teach literacy
across the content areas so that the
teachers can meet the needs of students
reading and writing below grade level;
and
(iii) to work cooperatively and
collaboratively with other professionals in
planning programs to help early learning
providers and teachers teach literacy across
content areas so that the early learning
providers and teachers can meet the needs of
diverse learners, including children with
disabilities, English language learners, and
students who are reading at grade level.
(14) Local educational agency.--The term ``local
educational agency''--
(A) has the meaning given to that term in section
9101 of the Elementary and Secondary Education Act of
1965; and
(B) includes any public charter school that
constitutes a local educational agency under State law.
(15) Multitier system of supports.--The term ``multitier
system of supports'' means a comprehensive system of
differentiated supports that includes evidence-based
instruction, universal screening, progress monitoring,
formative assessment, and research-based interventions matched
to student needs, and educational decisionmaking using student
outcome data.
(16) Reading.--The term ``reading'' means a complex system
of deriving meaning from print that requires all of the
following:
(A) The skills and knowledge to understand how
phonemes, or speech sounds, are connected to print.
(B) The ability to decode unfamiliar words.
(C) The ability to read fluently.
(D) Sufficient background information and
vocabulary to foster reading comprehension.
(E) The development of appropriate active
strategies to construct meaning from print.
(F) The development and maintenance of a motivation
to read.
(17) School leader.--The term ``school leader'' means an
individual who--
(A) is an employee or officer of a school; and
(B) is responsible for--
(i) the school's performance; and
(ii) the daily instructional and managerial
operations of the school.
(18) Scientifically valid research.--The term
``scientifically valid research'' has the meaning given the
term in section 200 of the Higher Education Act of 1965 (20
U.S.C. 1021).
(19) Screening assessment.--The term ``screening
assessment'' means an assessment that--
(A) is developmentally, linguistically, and
culturally appropriate;
(B) is valid, reliable, and based on scientifically
valid research on literacy and English language
acquisition; and
(C) is a procedure designed as a first step in
identifying children who may be at high risk for
delayed development or later academic difficulties and
in need of further diagnosis of the children's need for
special services or additional literacy instruction.
(20) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(21) State literacy leadership team.--
(A) In general.--
(i) Appointment; responsibility;
composition.--The term ``State literacy
leadership team'' means a team that--
(I) is appointed and coordinated by
the State educational agency, except
that individuals described in
subclauses (I)(aa), (I)(hh), and
(II)(gg) of clause (ii) shall be
appointed by the State agency that
oversees child care programs; and
(II) is composed of not less than
13 individuals and includes the
individuals described in clause (ii).
(ii) Individuals included.--A State
literacy team--
(I) shall include--
(aa) an individual who has
literacy expertise with respect
to children from birth through
kindergarten entry;
(bb) an individual who has
literacy expertise with respect
to students in kindergarten
through grade 5;
(cc) an individual who has
literacy expertise with respect
to students in grades 6 through
12;
(dd) a school principal;
(ee) a special education
teacher with literacy
expertise;
(ff) a representative from
the family literacy community;
(gg) a teacher or
administrator with expertise in
teaching English language
learners;
(hh) a representative from
the State's agency that
oversees child care programs;
(ii) a representative from
the State educational agency
who oversees literacy
initiatives; and
(jj) a representative from
higher education who is
actively involved in research,
development, and teacher
preparation in literacy
instruction and intervention
based on scientifically valid
research; and
(II) may include--
(aa) a literacy specialist
serving in a school district
within the State;
(bb) a literacy coach;
(cc) a library media
specialist;
(dd) a school counselor;
(ee) a teacher of a core
academic subject;
(ff) a special education
administrator;
(gg) an early learning
provider;
(hh) a college or
university professor;
(ii) a parent;
(jj) a business leader;
(kk) a representative from
the Governor's office;
(ll) a representative from
the State board of education;
(mm) a representative from
the State legislature;
(nn) a nonprofit and
community-based organization
providing literacy instruction
and support; and
(oo) a representative from
a school district
superintendent's office.
(B) Inclusion of a preexisting partnership.--If,
before the date of the enactment of this Act, a State
educational agency established a consortium,
partnership, or any other similar body that was
considered a literacy partnership for purposes of
subpart 1 or 2 of part B of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6361 et
seq., 6371 et seq.) and that includes the individuals
required under subparagraph (A)(ii)(I), such
consortium, partnership, or body may be considered a
State literacy leadership team for purposes of
subparagraph (A).
(22) Student with a disability.--The term ``student with a
disability'' has the meaning given the term ``child with a
disability'' in section 602(3) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(3)).
(23) Summative assessment.--The term ``summative
assessment'' means an assessment that--
(A) is developmentally, linguistically, and
culturally appropriate;
(B) is valid, reliable, and based on scientifically
valid research on literacy and English language
acquisition; and
(C) measures how young children have progressed
over time relative to developmental norms and what
students have learned over time.
(24) Universal design for learning.--The term ``universal
design for learning'' has the meaning given the term in section
103 of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(25) Writing.--The term ``writing'' means--
(A) the ability to compose meaning and print to
communicate ideas, including the use of vocabulary,
tone, and genre to fit purpose, audience and occasion;
(B) the use of conventions such as spelling and
punctuation; and
(C) the ability to revise in order to improve
clarity of ideas, coherence, logical development, and
precision of language use.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $2,350,000,000 for fiscal year 2012;
(2) $2,350,000,000 for fiscal year 2013;
(3) $2,350,000,000 for fiscal year 2014;
(4) $2,350,000,000 for fiscal year 2015; and
(5) $2,350,000,000 for fiscal year 2016.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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