S 929
112th CONGRESS
1st Session
S. 929
To establish a comprehensive literacy program.
IN THE SENATE OF THE UNITED STATES
May 10, 2011
Mrs. MURRAY (for herself, Mr. SANDERS, Mr. BEGICH, Mr. REED, Mr. BROWN
of Ohio, and Mr. FRANKEN) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
A BILL
To establish a comprehensive literacy program.
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 the `Literacy Education for
All, Results for the Nation Act' or 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. 5. Program authorized.
Sec. 6. State planning grants.
Sec. 7. State implementation grants.
Sec. 8. State activities.
Sec. 9. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
Sec. 10. Subgrants to local educational agencies in support of kindergarten
through grade 12 literacy.
Sec. 11. National evaluation, information dissemination, and technical
assistance.
Sec. 12. Consequences of insufficient progress, reporting requirements,
and conflicts of interest.
Sec. 13. Rules of construction.
Sec. 14. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that in order for a comprehensive, effective literacy
program to address the needs of readers and writers it is critical to
address the following:
(1) Literacy development is an ongoing process that requires a sustained
investment beginning in early childhood and continuing through elementary
school and 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 low-income children from birth through kindergarten
entry lack oral and print language-rich environments in their homes
and early childhood education programs and teachers and staff in early
childhood education programs are often not provided with high-quality
professional development on how to support children's language and
literacy development.
(3) Early childhood educators whose professional preparation and ongoing
development includes study of language learning and early childhood
development promote early language and literacy as part of the overall
curriculum for children's readiness for school, particularly for young
English language learners and children with disabilities or developmental
delays.
(4) Research shows that writing leads to improved reading achievement,
reading leads to better writing performance, and combined instruction
leads to improvements in both areas. Children 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.
(5) Environments rich in language and literacy experiences, books,
resources, and models facilitate reading and writing development.
Schools, principals, librarians, and teachers must have the knowledge,
skills, and tools to create environments appropriate to meet the diverse
literacy needs of children from birth through grade 12, especially
for children whose home environments lack support for literacy development.
(6) Middle school and secondary school teachers need professional
development to improve the reading and writing abilities of students
who 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.
(7) The intellectual and linguistic skills necessary for writing and
reading must be developed through explicit, intentional, and systematic
language activities, to which many low-income and minority students
do not currently have access.
(8) Between 1971 and 2004, the reading levels of America's 17-year-olds
showed little to no improvement at all. The ability of secondary school
students to read complex texts is strongly predictive of their performance
in college mathematics and science courses.
(9) Fewer than 2 in 10 eighth graders from the secondary school graduating
classes of 2005 and 2006 met all 4 EXPLORE College Readiness Benchmarks
(English, Mathematics, Reading, and Science), the minimum level of
achievement that ACT has shown is necessary if students are to be
college and career ready upon their secondary school graduation.
(10) Seventy percent of eighth graders read below the proficient level
on the 2007 National Assessment of Educational Progress, indicating
that students in middle schools and secondary schools struggle to
graduate because the students' literacy achievement is alarmingly
low. Only one-third of secondary school students who enter grade 9
each year can expect to graduate in 4 years with the skills the student
needs to succeed in college and the workplace.
(11) Secondary school graduation rates for low-income students and
students of color hover around 50 percent, as do graduation rates
for students in urban school districts and students with disabilities.
Graduation rates for English language learners are particularly low.
(12) Only 71 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. These 1,230,000 nongraduates cost
the Nation more than $319,000,000,000 in lost wages, taxes, and productivity
over the lifetimes of the nongraduates.
(13) About 40 percent of secondary school graduates lack the literacy
skills employers seek. The 25 fastest growing professions have far
greater than average literacy demands, while the fastest declining
professions have lower than average literacy demands.
(14) Research shows that low expectations for the reading and writing
achievement of students in schools results in curriculum that does
not challenge or adequately support the student's literacy learning
and in subsequent low achievement, while high academic expectations
can help boost student learning and achievement.
(15) Children learn best in settings where teachers understand the
developmental continuum of language, reading, and writing and are
skilled in a variety of strategies that help the children achieve.
(16) Meaningful engagement of families in their children's early learning
supports school readiness and later academic success.
(17) Parental literacy habits are positively associated with parental
reading beliefs, parent-child literacy and language activities in
the home, children's print knowledge, and parents' and children's
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
to develop, coordinate, and implement comprehensive literacy plans
that ensure high quality instruction and effective practices in reading
and writing from early childhood education through grade 12; and
(2) to assist State educational agencies in achieving the purposes
described in paragraph (1) by--
(A) supporting the development and implementation of comprehensive
early childhood education through grade 12 literacy programs in
every State that are based on scientifically valid research, to
ensure that every child can read and write at grade level or above;
(B) providing children from birth through kindergarten entry with
learning opportunities in high quality, language rich, literature
rich, informational text rich, culturally relevant, developmentally
appropriate environments, such as child care, Early Head Start,
Head Start, public library programs, and other early childhood education
settings, so that the children develop the fundamental knowledge
and skills necessary for literacy engagement, development, and achievement
in kindergarten and beyond;
(C) educating parents in the ways the parents can support their
child's communication and literacy development;
(D) supporting efforts to link and align standards and research-based
teaching practices and instruction in early childhood education
programs serving children from birth through kindergarten entry;
(E) supporting high-quality and effective educational, and developmental,
environments for children from birth through grade 12 to develop
oral language, reading comprehension, and writing abilities through
high quality research-based instruction and practices;
(F) improving student achievement by establishing adolescent literacy
initiatives that provide explicit and systematic instruction in
oral language, reading, and writing development across the curriculum;
(G) identifying and supporting students reading and writing significantly
below grade level by providing research-based, intensive interventions,
including those conducted during extended learning time, to help
the students acquire the language and literacy skills the students
need to stay on track for graduation;
(H) providing assistance to local educational agencies in order
to provide educators with ongoing, job-embedded professional development
and other support focusing on imparting and employing--
(i) the characteristics of effective language and literacy instruction;
(ii) the special knowledge and skills necessary to teach and support
literacy development effectively across the developmental span
and age span;
(iii) the essential components of reading instruction; and
(iv) the essential components of writing instruction;
(I) supporting State educational agencies and local educational
agencies in improving reading, writing, and literacy-based academic
achievement for children and students, especially children and students
who are low-income, are English language learners, are migratory,
are children with disabilities, are Indian or Alaskan Native, are
neglected or delinquent, are homeless, are in the custody of the
child welfare system, or have dropped out of school;
(J) supporting State educational agencies and local educational
agencies in using age appropriate and developmentally appropriate
instructional materials and strategies that assist teachers as the
teachers work with students to develop reading and writing competencies
appropriate to the students' grade and skill levels;
(K) strengthening coordination among schools, 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;
(L) supporting professional development for educators based on scientific
approaches to adult learning; and
(M) evaluating whether the professional development activities and
approaches supported under this Act are effective in building--
(i) the knowledge and skills of educators; and
(ii) the educators' use of appropriate and effective practices.
SEC. 4. DEFINITIONS.
(a) In General- Unless otherwise specified, the terms used in this Act
have the meanings given the 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) CHARACTERISTICS OF EFFECTIVE LITERACY STRATEGIES AND INSTRUCTION-
The term `characteristics of effective literacy strategies and instruction'
means--
(A) for children from birth through kindergarten entry--
(i) providing high quality professional development opportunities
for early childhood educators, teachers, and school leaders in--
(I) literacy development;
(II) language development;
(III) English language acquisition (as appropriate); and
(IV) effective language and literacy instruction and teaching
strategies aligned to State standards;
(ii) reading aloud to children, engaging children in shared reading
experiences, discussing reading with children, and modeling age
and developmentally appropriate reading strategies;
(iii) encouraging children's early attempts at communication,
reading, writing, and drawing, and talking about the meaning of
the reading, writing, and drawing with others;
(iv) creating conversation rich classrooms and using oral modeling
techniques to build oral language skills;
(v) multiplying opportunities for children to use language with
peers and adults;
(vi) providing strategic and explicit instruction in the identification
of speech sounds, letters, and letter-sound correspondence;
(vii) integrating oral and written language;
(viii) stimulating vocabulary development;
(ix) using differentiated instructional approaches or teaching
strategies, including--
(I) individual and small group instruction or interactions;
and
(II) professional development, curriculum development, and classroom
instruction;
(x) applying the principles of universal design for learning;
(xi) using age-appropriate screening assessments, diagnostic assessments,
formative assessments, and summative assessments to identify individual
learning needs, to inform instruction, and to monitor--
(I) student progress and the effects of instruction over time;
and
(II) for children between the ages of birth and kindergarten
entry, progress and development within established norms;
(xii) coordinating the involvement of families, early childhood
education program staff, principals, other school leaders, and
teachers in the reading and writing achievement of children served
under this Act;
(xiii) using a variety of age and developmentally appropriate,
high quality materials for language development, reading, and
writing;
(xiv) encouraging family literacy experiences and practices, and
educating teachers, public librarians, and parents and other caregivers
about literacy development and child literacy development; and
(xv) using strategies to enhance children's--
(I) motivation to communicate, read, and write; and
(II) engagement in self-directed learning;
(B) for students in kindergarten through grade 3--
(i) providing high quality professional development opportunities,
for teachers, literacy coaches, literacy specialists, English
as a second language specialists (as appropriate), school librarians,
and principals, on literacy development, language development,
English language acquisition, and effective literacy instruction
that--
(I) aligns to State standards as well as local curricula and
instructional assessments; and
(II) addresses literacy development opportunities across the
curricula;
(ii) providing age appropriate direct and explicit instruction;
(iii) providing strategic, systematic, and explicit instruction
in phonological awareness, phonic decoding, vocabulary, reading
fluency, and reading comprehension;
(iv) making available and using diverse texts at the reading,
development, and interest level of students;
(v) providing multiple opportunities for students to write individually
and collaboratively with instruction and feedback;
(vi) using differentiated instructional approaches, including
individual, small group, and classroom-based instruction and discussion;
(vii) using oral modeling techniques and opportunities for students
to use language with the students' peers and adults to build student
language skills;
(viii) providing time and opportunities for systematic and intensive
instruction, intervention, and practice to supplement regular
instruction, which can be provided inside and outside the classroom
as well as during and outside regular school hours;
(ix) providing instruction in uses of print materials and technological
resources for research and for generating and presenting content
and ideas;
(x) using screening assessments, diagnostic assessments, formative
assessments, and summative assessments to identify student learning
needs, to inform instruction, and to monitor student progress
and the effects of instruction over time;
(xi) coordinating the involvement of families, caregivers, teachers,
principals, other school leaders, and teacher literacy teams in
the reading and writing achievement of children served under this
Act;
(xii) encouraging family literacy experiences and practices; and
(xiii) using strategies to enhance students'--
(I) motivation to read and write; and
(II) engagement in self-directed learning; and
(C) for students in grades 4 through 12--
(i) providing high quality professional development opportunities
for teachers, literacy coaches, literacy specialists, English
as a second language specialists (as appropriate), school librarians,
and principals, including professional development on literacy
development, language development, and effective literacy instruction
embedded in schools and aligned to State standards;
(ii) providing direct and explicit comprehension instruction;
(iii) providing direct and explicit instruction that builds academic
vocabulary and strategies and knowledge of text structure for
reading different kinds of texts within and across core academic
subjects;
(iv) making available and using diverse texts at the reading,
development, and interest level of the students;
(v) providing multiple opportunities for students to write with
clear purposes and critical reasoning appropriate to the topic
and purpose and with specific instruction and feedback from teachers
and peers;
(vi) using differentiated instructional approaches;
(vii) using strategies to enhance students'--
(I) motivation to read and write; and
(II) engagement in self-directed learning;
(viii) providing for text-based learning across content areas;
(ix) providing systematic, strategic, and individual and small
group instruction, including intensive supplemental intervention
for students reading significantly below grade level, which may
be provided inside and outside the classroom as well as during
and outside regular school hours;
(x) providing instruction in the uses of technology and multimedia
resources for classroom research and for generating and presenting
content and ideas;
(xi) using screening assessments, diagnostic assessments, formative
assessments, and summative assessments to identify learning needs,
inform instruction, and monitor student progress and the effects
of instruction;
(xii) coordinating the involvement of families and caregivers,
to the extent feasible and appropriate as determined by the Secretary,
to improve reading, writing, and academic achievement; and
(xiii) coordinating the involvement of school librarians, teachers,
principals, other school leaders, teacher literacy teams, and
English as a second language specialists (as appropriate), that
analyze student work and plan or deliver instruction over time.
(2) CHILD- The term `child' means an individual from the ages of birth
through the final year for which the State provides free public education.
(3) CLASSROOM-BASED INSTRUCTIONAL ASSESSMENT- The term `classroom-based
instructional assessment' means an assessment, for children between
birth through grade 3, that--
(A) is valid and reliable for the age and population of children
being assessed;
(B) is used to evaluate children's developmental progress and learning,
including systematic observations by teachers of children performing
tasks, including academic and literacy tasks, that are part of their
daily classroom experience; and
(C) is used to improve classroom instruction.
(4) COMPREHENSIVE LITERACY INSTRUCTION- The term `comprehensive literacy
instruction' means instruction that--
(A) involves the characteristics of effective literacy instruction;
and
(B) is designed to support the essential components of reading instruction
and the essential components of writing instruction.
(5) DEVELOPMENTAL DELAY- The term `developmental delay' has the meaning
given the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(6) DIAGNOSTIC ASSESSMENT- The term `diagnostic assessment' means
an assessment that--
(A) is valid, reliable, and based on scientifically valid research
on language, literacy, and English language acquisition;
(B) 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
oral 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
(C) in the case of young children, is conducted after a screening
assessment that identifies potential risks or a lack of school preparedness,
including oral language and literacy development, or delayed development.
(7) ELIGIBLE ENTITY- The term `eligible entity' means--
(A) when used with respect to children from birth through kindergarten
entry--
(i) 1 or more local educational agencies providing early childhood
education programs, or 1 or more public or private early childhood
education programs, serving children from birth through kindergarten
entry (such as a Head Start program, a child care program, a State-funded
prekindergarten 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 proposes to serve under section 9; or
(ii) 1 or more entities described in clause (i) acting in partnership
with 1 or more public agencies or private nonprofit organizations
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 9(e)(1); or
(B) when used with respect to students in kindergarten through grade
12, a local educational agency, a consortium of local educational
agencies, or a local educational agency or consortium of local educational
agencies that--
(i)(I) is among, or consists of, the local educational agencies
in the State with the highest numbers or percentages of students
reading or writing below grade level, based on the most currently
available State assessment data;
(II) has jurisdiction over a significant number or percentage
of 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)); or
(III) has the highest numbers or percentages of children who are
counted under section 1124(c) of such Act (20 U.S.C. 6333(c)),
in comparison to other local educational agencies in the State;
and
(ii) may act in partnership with 1 or more public agencies or
private nonprofit organizations, which agencies or organizations
shall have a demonstrated record of effectiveness, consistent
with the purposes of their participation, in improving literacy
achievement of students from kindergarten through grade 12 and
in providing professional development described in section 10(a)(3)(B).
(8) 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) INCLUSIONS 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.
(9) ESSENTIAL COMPONENTS OF READING INSTRUCTION- The term `essential
components of reading instruction' means developmentally appropriate,
contextually explicit, systematic instruction, and frequent practice,
in reading across content areas.
(10) ESSENTIAL COMPONENTS OF WRITING INSTRUCTION- The term `essential
components of writing instruction' means developmentally appropriate
and contextually explicit instruction, and frequent practice, in writing
across content areas.
(11) FAMILY LITERACY SERVICES- The term `family literacy services'
means literacy services provided on a voluntary basis that are of
sufficient intensity in terms of hours and duration and that integrate
all of the following activities:
(A) Interactive literacy activities between or among parents and
their children, including parent literacy training.
(B) Training for parents regarding how to be the primary teacher
for their children and full partners in the education of their children.
(12) FORMATIVE ASSESSMENT- The term `formative assessment' means a
process that--
(A) is teacher-generated or selected by teachers and students during
instructional learning;
(B) is embedded within the learning activity and linked directly
to the current unit of instruction; and
(C) provides feedback to adjust ongoing teaching and learning to
improve students' achievement of intended instructional outcomes.
(13) 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 is not limited
in scope to a 1-day or short-term workshop or conference;
(C) is designed to increase the knowledge and expertise of teachers,
early childhood educators and administrators, principals, other
school leaders, and other program staff in applying--
(i) the characteristics of effective literacy instruction;
(ii) the essential components of reading instruction;
(iii) the essential components of writing instruction; and
(iv) instructional strategies and practices that are appropriate
to the age, development, and needs of children and improve student
learning, including strategies and practices consistent with the
principles of universal design for learning;
(D) includes and supports teachers in effectively administering
age appropriate and developmentally appropriate assessments, and
analyzing the results of such assessments for the purposes of planning,
monitoring, adapting, and improving effective classroom instruction
or teaching strategies to improve student literacy;
(E) for educators working with students in kindergarten through
grade 12--
(i) supports the characteristics of effective literacy instruction
through core academic subjects, and through career and technical
education subjects where such career and technical education subjects
provide for the integration of core academic subjects; and
(ii) includes explicit instruction in discipline-specific thinking
and how to read and interpret discipline-specific text structures
and features;
(F) includes instructional strategies utilizing 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 are content-centered, integrated
across the curricula, collaborative, and embedded in the school,
classroom, or other setting; 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 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.
(14) LITERACY COACH- The term `literacy coach' means a professional--
(i) has previous teaching experience and--
(I) a master's degree with a concentration in reading and writing
education;
(II) demonstrated proficiency in teaching reading or writing
in a core academic subject consistent with the characteristics
of effective literacy instruction; or
(III) in the case of a literacy coach for children from birth
through kindergarten entry, a concentration, credential, or
significant experience in child development and early literacy
development; and
(ii) is able to demonstrate the ability to help teachers--
(I) apply research on how students become successful readers,
writers, and communicators;
(II) apply multiple forms of assessment to guide instructional
decisionmaking and use data to improve literacy instruction;
(III) 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 the full range of learners,
including English language learners and children with disabilities;
(V) apply principles of universal design for learning;
(VI) employ best practices in engaging principals, early childhood
educators and administrators, teachers, and other professionals
supporting literacy instruction to change school cultures to
better encourage and support literacy development and achievement;
and
(VII)(aa) for children from birth through kindergarten entry,
set developmentally appropriate expectations for language; and
(bb) for all children, set literacy development and high reading
and writing achievement goals and select, acquire, and use instructional
tools and skills to help the children reach such goals; and
(B) whose role with teachers and professionals supporting literacy
instruction is--
(i) to provide high-quality professional development;
(ii) to work cooperatively and collaboratively with principals,
teachers, and other professionals in employing strategies to help
teachers identify and support student language and literacy needs
and teach literacy across content areas and developmental domains;
and
(iii) to work cooperatively and collaboratively with other professionals
in employing strategies to help teachers teach literacy across
content areas so that the teachers can meet the needs of all students,
including children with disabilities, English language learners,
and students who are reading at or above grade level.
(15) LOCAL EDUCATIONAL AGENCY- The term `local educational agency'--
(A) has the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801); and
(B) includes any public charter school that constitutes a local
educational agency under State law.
(16) MULTITIER SYSTEM OF SUPPORT- The term `multitier system of support'
means a comprehensive system of differentiated supports that includes
evidence-based instruction, universal screening, progress monitoring,
formative assessments, summative assessments, research-based interventions
matched to student needs, and educational decisionmaking using academic
progress over time
(17) READING- The term `reading' means a complex system of deriving
meaning from print that requires, in ways that are developmentally,
content, and contextually appropriate, all of the following:
(A) PHONEMES- The skills and knowledge to understand how phonemes,
or speech sounds, are connected to print.
(B) ACCURACY, FLUENCY, AND UNDERSTANDING- The ability to read accurately,
fluently, and with understanding.
(C) READING COMPREHENSION- The use of background knowledge and vocabulary
to make meaning from a text.
(D) ACTIVE STRATEGIES- The development and use of appropriate active
strategies to interpret and construct meaning from print.
(E) ENGAGED AND SELF-DIRECTED READER- The development and maintenance
of an engaged and self-directed reader.
(18) SCHOOL LEADER- The term `school leader' means an individual who--
(A) is an employee or officer of a school; and
(i) the school's performance; and
(ii) the daily instructional and managerial operations of the
school.
(19) 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).
(20) SCREENING ASSESSMENT- The term `screening assessment' means an
assessment that--
(A) is valid, reliable, and based on scientifically valid research
on literacy and English language acquisition; and
(B) is a procedure designed as a first step in identifying children
who may be at high risk for delayed development or academic failure
and in need of further diagnosis of the children's need for special
services or additional literacy instruction.
(21) STATE- The term `State' has the meaning given the term in section
103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
(22) STATE LITERACY LEADERSHIP TEAM-
(A) IN GENERAL- The term `State literacy leadership team' means
a team that--
(i) is appointed and coordinated by the State educational agency;
(ii) assumes the responsibility to guide the development and implementation
of a statewide, comprehensive literacy plan;
(iii) is composed of not less than 11 individuals;
(I) not less than 3 individuals who have literacy expertise
in one of each of the areas of--
(aa) birth through school entry, such as the State Head Start
collaboration director;
(bb) kindergarten entry through grade 5; and
(cc) grades 6 through 12;
(III) a teacher with literacy expertise or an administrator
with special education and literacy expertise;
(IV) a teacher or administrator with expertise in teaching the
English language to English language learners;
(V) a representative from the State educational agency who oversees
literacy initiatives; and
(VI) a representative from higher education who is actively
involved in research, development, or teacher preparation in
literacy instruction and intervention based on scientifically
valid research; and
(I) a literacy specialist serving in a school district within
the State;
(III) a library media specialist;
(IV) a representative from the family literacy community;
(V) a representative from a State agency serving children, with
expertise in literacy instruction;
(VII) a teacher of a core academic subject;
(VIII) a special education administrator;
(IX) a professor of a 4-year institution of higher education;
(XII) a representative from the Governor's office;
(XIII) a representative from the State board of education;
(XIV) a representative from the State legislature;
(XV) a nonprofit and community-based organization providing
literacy instruction and support; and
(XVI) a representative from a school district superintendent's
office.
(B) INCLUSION OF A PREEXISTING PARTNERSHIP- If, before the date
of 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)(iv), such consortium, partnership,
or body may be considered a State literacy leadership team for purposes
of subparagraph (A).
(23) SUMMATIVE ASSESSMENT- The term `summative assessment' means an
assessment that--
(A) is valid, reliable, and based on scientifically valid research
on literacy and English language acquisition; and
(i) for children from birth through kindergarten entry, how the
children have progressed over time relative to developmental norms;
and
(ii) for students in kindergarten through grade 12, what the students
have learned over time, relative to academic content standards.
(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. 1003).
(25) WRITING- The term `writing' means--
(A) composing meaning in print or through other media, including
technologies, to communicate and to create new knowledge in ways
appropriate to the context of the writing and the literacy development
stage of the writer;
(B) composing ideas individually and collaboratively in ways that
are appropriate for a variety of purposes, audiences, and occasions;
(C) choosing vocabulary, tone, genre, and conventions, such as spelling
and punctuation, suitable to the purpose, audience, and occasion;
and
(D) revising compositions for clarity of ideas, coherence, logical
development, and precision of language use.
SEC. 5. PROGRAM AUTHORIZED.
(a) In General- The Secretary is authorized--
(1) to award State planning grants in accordance with section 6; and
(2) to award State implementation grants in accordance with section
7 to enable the State educational agency to--
(A) carry out the State activities described in section 8;
(B) award subgrants to eligible entities in accordance with section
9; and
(C) award subgrants to eligible entities in accordance with section
10.
(b) Awards to State Educational Agencies-
(1) AMOUNTS LESS THAN $500,000,000- If the amount appropriated under
section 14 for a fiscal year is less than $500,000,000, then the Secretary
shall--
(A) reserve not more than a total of 5 percent of such amount for
the national evaluation, dissemination of information, and technical
assistance under section 11;
(B) reserve not more than 5 percent to award planning grants, on
a competitive basis, to State educational agencies, in accordance
with section 6; and
(C) use the amount not reserved under subparagraphs (A) and (B)
to make awards, on a competitive basis, to State educational agencies
serving States that have applications approved under section 7 to
enable the State educational agencies to carry out sections 7 and
8.
(2) AMOUNTS EQUAL TO OR EXCEEDING $500,000,000-
(A) IN GENERAL- If the amount appropriated under section 14 for
a fiscal year equals or exceeds $500,000,000, then the Secretary
shall--
(i) 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
6, 7, 8, 9, and 10 in schools operated or funded by the Bureau
of Indian Education;
(ii) reserve not more than 5 percent to award planning grants,
to State educational agencies serving States, in accordance with
section 6;
(iii) reserve not more than 5 percent for the national evaluation,
dissemination of information, and technical assistance under section
11; and
(iv) use the amount not reserved under clauses (i), (ii), and
(iii) to make awards, from allotments under subparagraph (C),
to State educational agencies serving States that have applications
approved under section 7 and that are not receiving an allotment
under clause (i)(I), to enable the State educational agencies
to carry out sections 7 and 8.
(i) PROPORTIONAL DIVISION- In each fiscal year, the amount reserved
under subparagraph (A)(i) shall be divided between the uses described
in subclauses (I) and (II) of subparagraph (A)(i) 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.
(ii) CONSULTATION- A State educational agency that receives an
allotment under this paragraph shall engage in timely and meaningful
consultation with representatives of Indian tribes located in
the State in order to improve the coordination and quality of
activities designed to develop effective approaches to achieve
the purposes of this Act consistent with he cultural, language,
and educational needs of Indian students.
(C) STATE ALLOTMENT FORMULA- The Secretary shall allot the amount
made available under subparagraph (A)(iv) for a fiscal year among
the States not receiving an allotment from the reservation under
subparagraph (A)(i)(I) in proportion to the number of children,
from birth through age 17, who reside within the State and are from
families with incomes below the poverty line for the most recent
fiscal year for which satisfactory data are available, compared
to the number of such children who reside in all such States for
that fiscal year.
(3) MINIMUM AWARD AMOUNT- Notwithstanding paragraphs (1) and (2),
no State educational agency receiving an award under this section
for a fiscal year may receive less than one-fourth of 1 percent of
the total amount appropriated under section 14 for the fiscal year,
except as provided under paragraph (2)(A)(i).
(1) IN GENERAL- The Secretary shall convene a peer review panel to
evaluate the application for each grant awarded to a State educational
agency under sections 6 and 7 using the evaluation criteria described
in paragraph (2).
(2) DEVELOPMENT OF EVALUATION CRITERIA- The Secretary shall report
to Congress the peer review process and evaluation criteria that shall
be used to evaluate the grant applications under sections 6 and 7.
(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; EXPERTISE- The peer review panel appointed
under this paragraph may include--
(i) classroom teachers with expertise in literacy, and literacy
coaches, including--
(I) special education teachers;
(II) teachers of students who are English language learners;
and
(III) early childhood educators;
(ii) experts who provide high-quality professional development
to teachers and other individuals to support children's literacy
development;
(iii) experts in the screening assessment, diagnostic assessment,
or other assessment of children's literacy (including reading
and writing) development and progress; and
(iv) 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 6 or 7, 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- Award funds provided under this Act shall
supplement, and not supplant, non-Federal funds that would, in the absence
of such award 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 section, and each eligible entity that receives
a subgrant under section 9 or 10, shall maintain for the fiscal year
for which the grant or subgrant is received and for each subsequent
fiscal year 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 such
fiscal year for which the grant or subgrant is received.
SEC. 6. STATE PLANNING GRANTS.
(a) Planning Grants Authorized-
(1) IN GENERAL- From any amounts made available under paragraph (1)(B)
or (2)(A)(ii) of section 5(b), the Secretary may award planning grants
to State educational agencies to enable the State educational agencies
to complete comprehensive planning to carry out activities that improve
literacy for children and students from birth through grade 12.
(2) GRANT PERIOD- A planning grant awarded under this section shall
be 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.
(1) IN GENERAL- Each State educational agency desiring a planning
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information
as the Secretary may require.
(2) CONTENTS- Each application submitted under this subsection shall,
at a minimum, include a description of how the State educational agency
proposes 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 that ensure high-quality
language development and effective strategies and instruction in reading
and writing for all students in early childhood education programs
serving children from birth through kindergarten entry through grade
12 programs, with a particular focus on students who are reading or
writing below grade level and children whose early literacy skills
are below the appropriate age or developmental level. Such plan for
improvement shall--
(A) describe the activities for which assistance under this section
is sought;
(B) provide a budget for the use of the planning grant funds to
complete the required activities described in subsection (c);
(C) include an assessment of child and student language and literacy
data to identify baseline and benchmark levels to monitor progress
and improvement; and
(D) provide an assurance that all State agencies responsible for
administering early childhood education programs and services (including
the State Head Start Collaboration Office), including the State
agency responsible for administering child care and the State Advisory
Council on Early Childhood Education and Care established under
section 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)), collaborated
with the State educational agency to write the early learning portion
of the grant application submitted under this subsection.
(3) APPROVAL OF APPLICATIONS-
(A) IN GENERAL- The Secretary, in consultation with the peer review
panel described in subparagraph (B), shall evaluate State educational
agency applications under this subsection based on the responsiveness
of the applications to the application requirements under this subsection.
(B) PEER REVIEW- The Secretary shall convene a peer review panel
in accordance with section 5(c) to evaluate planning grant applications
under this section.
(c) Required Activities- A State educational agency receiving planning
grant funds under this section shall carry out each of the following
activities:
(1) REVIEW- Reviewing reading, writing, or other literacy resources
and programs, such as school library programs, and data across the
State to identify any literacy needs and gaps in the State.
(2) STATE LITERACY LEADERSHIP TEAM- Forming or designating a State
literacy leadership team which shall execute the following functions:
(A) COMPREHENSIVE STATE LITERACY PLAN- Creating a comprehensive
State literacy plan that--
(i) is designed to improve language, reading, writing, and academic
achievement for children and students, especially those reading
below grade level;
(ii) includes a needs assessment and an implementation plan, including
an analysis of child and student literacy data to identify baseline
and benchmark levels of literacy and early literacy skills in
order to monitor progress and improvement, and a plan to improve
literacy levels among all children and students;
(iii) ensures high quality strategies and instruction in early
literacy development (which includes communication, reading, and
writing) in early childhood education programs serving children
from birth through kindergarten entry and in kindergarten through
grade 12 programs;
(iv) provides for activities designed to improve literacy achievement
for students 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)); and
(v) is submitted to the Secretary.
(B) STANDARDS- Providing recommendations to guide the State educational
agency in the State educational agency's process of strengthening
State literacy standards and embedding State literacy standards
with the State's challenging academic content standards and academic
achievement standards under section 1111(b) of the Elementary and
Secondary Education Act of 1965, and early learning and development
standards.
(C) PROGRESS- Providing recommendations to guide the State educational
agency in the State educational agency's process of measuring, assessing,
and monitoring progress in literacy at the school, local educational
agency, and State levels.
(D) CRITERIA- Identifying criteria for high quality professional
development providers, which providers may include qualified teachers
within the State, for the State educational agency and local educational
agencies.
(E) DATA- Advising the State educational agency on how to help ensure
that local educational agencies and schools provide timely and appropriate
data to teachers to inform and improve instruction.
(F) EDUCATOR CAPACITY- Providing recommendations to guide the State
educational agency in the State educational agency's planning process
of building educators' capacity to provide high-quality literacy
instruction.
(3) REPORTING REQUIREMENT- Not later than 1 year after a State educational
agency receives a planning grant under this section, the State educational
agency shall submit a report to the Secretary on the State educational
agency's performance of the activities described in this subsection.
SEC. 7. STATE IMPLEMENTATION GRANTS.
(a) Implementation Grants Authorized-
(1) IN GENERAL- From awards made available under paragraph (1)(C)
or (2)(A)(iv) of section 5(b), the Secretary shall, on a competitive
basis or through allotments, respectively, award implementation grants
to State educational agencies to enable the State educational agencies--
(A) to implement a comprehensive literacy plan that meets the criteria
in section 6(c)(2)(A) for early childhood education programs serving
children from birth through kindergarten entry through grade 12
programs;
(B) to carry out State activities under section 8; and
(C) to award subgrants under sections 9 and 10.
(2) DURATION OF GRANTS- An implementation grant under this section
shall be awarded for a period of not more than 5 years.
(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
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)).
(1) IN GENERAL- A State educational agency that desires to receive
an implementation grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may require. The State educational agency
shall collaborate with all State agencies responsible for administering
early childhood education programs, and the State agency responsible
for administering child care programs, in the State in writing and
implementing the early learning portion of the grant application under
this subsection.
(2) CONTENTS- An application described in paragraph (1) shall include
the following:
(A) STATE LITERACY LEADERSHIP TEAM; COMPREHENSIVE STATE LITERACY
LEADERSHIP PLAN- A description of the members of the State literacy
leadership team and a description of how the State educational agency
has developed a comprehensive State literacy plan, as described
in section 6(c)(2)(A).
(B) IMPLEMENTATION- An implementation plan that includes a description
of how the State educational agency will--
(i) carry out the State activities described in section 8;
(ii) assist eligible entities with--
(I) providing strategic and intensive literacy instruction based
on scientifically valid research for students who are reading
and writing below grade level, including through the use of
multitier systems of support, including addressing the literacy
needs of children and youth with disabilities or developmental
delays and English language learners in early childhood education
programs serving children from birth through kindergarten entry
and programs serving students from birth through grade 12;
(II) providing training to parents, as appropriate, so that
the parents can participate in the literacy related activities
described in sections 9 and 10 to assist in the language and
literacy development of their children;
(III) selecting and using reading and writing assessments;
(IV) providing classroom-based instruction that is supported
by one-to-one and small group work;
(V) using curricular materials and instructional tools, which
may include technology, to improve instruction and literacy
achievement;
(VI) providing for high-quality professional development; and
(VII) using the principles of universal design for learning;
and
(iii) ensure that local educational agencies in the State have
leveraged and are effectively leveraging the resources needed
to implement effective literacy instruction, and have the capacity
to implement literacy initiatives effectively;
(iv) continually coordinate and align the activities assisted
under this section and sections 9 and 10 with reading, writing,
and other literacy resources and programs across the State and
locally that serve children and students and their families and
promote literacy instruction and learning, including strengthening
partnerships among schools, libraries, local youth-serving agencies,
and programs, in order to improve literacy for all children and
youth; and
(v) ensure that funds provided under this section are awarded
in a manner that will provide services to all grade levels, including
proportionally to middle schools and high schools.
(C) KEY DATA METRICS- A description of the key data metrics that
will be used and reported annually under section 12(b)(1)(E), which
shall include progress in meeting the 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)) for students
in grades 3 through 12.
(D) NATIONAL EVALUATION- An assurance that the State educational
agency, and any eligible entity receiving a subgrant from the State
educational agency under section 9 or 10, will, if requested, participate
in the national evaluation under section 11.
(E) LITERACY PROGRAMS- An assurance that the State educational agency
will use implementation grant funds under this section for literacy
programs as follows:
(i) LEARNERS FROM BIRTH THROUGH KINDERGARTEN ENTRY- Not less than
10 percent of such grant funds shall be used for State and local
programs and activities pertaining to learners from birth through
kindergarten entry.
(ii) STUDENTS IN KINDERGARTEN THROUGH GRADE 5- Not less than 40
percent of such implementation grant funds shall be used for State
and local programs and activities allocated equitably among the
grades of kindergarten through grade 5.
(iii) STUDENTS IN GRADES 6 THROUGH 12- Not less than 40 percent
of such implementation grant funds shall be used for State and
local programs and activities, allocated equitably among grades
6 through 12.
(iv) STATE ACTIVITIES- Not more than 10 percent of such implementation
grant funds shall be used for the State activities described in
section 8.
(F) PRIORITY- An assurance that the State educational agency shall
give priority to awarding a subgrant to an eligible entity--
(i) under section 9 based on the number or percentage of children
younger than the age of kindergarten entry and the number of students
from birth through 17 who are--
(I) served by the eligible entity; and
(II) from families with income below the poverty line, based
on the most recent satisfactory data provided to the Secretary
by the Bureau of the Census for determining eligibility under
section 1124(c)(1)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6333(c)(1)(A)); and
(ii) under section 10 based on--
(I) the number or percentage described in clause (i); and
(II) the number or percentage of students served by the eligible
entity that are reading and writing below grade level according
to State assessments.
(c) Approval of Applications-
(1) IN GENERAL- The Secretary, in consultation with the peer review
panel established under paragraph (2), shall evaluate State educational
agency applications under subsection (b) based on the responsiveness
of the applications to the application requirements under such subsection.
(2) PEER REVIEW- The Secretary shall convene a peer review panel in
accordance with section 5(c) to evaluate applications for each implementation
grant awarded to a State educational agency under this section.
(3) EARLY LEARNING- In order for a State educational agency's application
under this section to be approved by the Secretary, the application
shall contain an assurance that the State agencies responsible for
administering early childhood education programs and services, including
the State agency responsible for administering child care programs
and the State Advisory Council on Early Childhood Education and Care
established under section 642B(b) of the Head Start Act (42 U.S.C.
9837b(b)), approves of, and will be extensively consulted in the implementation
of related activities and services consistent with section 9 with
respect to, the early learning portion of the application.
SEC. 8. STATE ACTIVITIES.
(a) Required Activities- A State educational agency shall use funds
made available under section 5(a)(2)(A) and described in section 7(b)(2)(E)(iv)
to carry out the activities proposed in a State's plan consistent with
section 7(b)(2), including the following activities:
(1) CARRYING OUT ASSURANCES AND ACTIVITIES IN APPLICATION- Carrying
out the assurances and activities provided in the State application
under section 7(b)(2).
(2) TECHNICAL ASSISTANCE- In consultation with the State literacy
leadership team, providing technical assistance or engaging qualified
providers to provide technical assistance to eligible entities to
enable the eligible entities to design and implement a literacy program
under sections 9 and 10.
(3) PRESERVICE COURSEWORK REVIEW- Continuing to consult with the State
literacy leadership team and continuing to coordinate with institutions
of higher education in the State--
(A) in order to provide recommendations to strengthen and enhance
preservice courses for students preparing, at institutions of higher
education in the State, to teach children from birth through grade
12 in explicit, systematic, and intensive instruction in evidence-based
literacy methods; and
(B) by following up reviews completed by the State literacy leadership
team with recommendations to ensure that such institutions offer
courses that meet the highest standards.
(4) STATE LICENSURE AND CERTIFICATION RECOMMENDATIONS- Reviewing and
updating, in collaboration with teachers, statewide educational and
professional organizations representing teachers, and statewide educational
and professional organizations representing institutions of higher
education, State licensure and certification standards in the area
of literacy instruction in early childhood education through grade
12.
(5) EFFECTIVE PRACTICES- Making publicly available, including on the
State educational agency's website, information on promising instructional
practices to improve student literacy achievement.
(b) Permissive Activities- After carrying out activities described in
subsection (a), a State educational agency may use remaining funds made
available under section 5(a)(2)(A) and described in section 7(b)(2)(E)(iv)
to carry out 1 or more of the following activities:
(1) DATA SYSTEMS TRAINING- Training the personnel of eligible entities
to use data systems that track student literacy achievement.
(2) LITERACY COACH TRAINING- Developing literacy coach training programs
and training literacy coaches.
(3) PUBLIC SUPPORT- Building public support among local educational
agency personnel, early childhood education programs, and the community
for comprehensive literacy instruction for children and students from
birth through grade 12.
SEC. 9. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH
KINDERGARTEN ENTRY LITERACY.
(a) Subgrants- A State educational agency, in consultation with the
State agencies responsible for administering early childhood education
programs and services, including the State agency responsible for administering
child care programs and the State Advisory Council on Early Childhood
Education and Care established under section 642B(b) of the Head Start
Act (42 U.S.C. 9837b(b)), shall use implementation grant funds provided
under section 5(a)(2)(B) to award subgrants, on a competitive basis,
to eligible entities to enable the eligible entities to support high-quality
early literacy initiatives for children from birth through kindergarten
entry.
(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 high-quality early literacy initiatives for children from
birth through kindergarten entry.
(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 a description of--
(1) 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, including
an analysis of the data used to identify how funds will be used to
improve language and literacy;
(2) the programs assisted under the subgrant, including demographic
and socioeconomic information on the children enrolled in the programs;
(3) 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);
(4) how, if the eligible entity is requesting a planning period, the
eligible entity will use that planning period to prepare for successful
implementation of a plan to support the development of learning and
literacy consistent with the purposes of this Act;
(5) the literacy initiatives, if any, in place and how these initiatives
will be coordinated and integrated with activities supported under
this section;
(6) how the subgrant funds will be used to prepare and provide ongoing
assistance to staff in the programs, through high-quality professional
development;
(7) how the subgrant funds will be used to provide services, incorporate
activities, and select and use literacy instructional materials that
meet the diverse developmental and linguistic needs of children, including
English language learners and children with disabilities and developmental
delays, and that are based on scientifically valid research on child
development and learning for children from birth through kindergarten
entry;
(8) how the subgrant funds will be used to provide screening assessments,
diagnostic assessments, classroom-based instructional assessments,
and assessments of developmental progress;
(9) how families and caregivers will be involved, as appropriate,
in supporting their children's literacy development, instruction,
and assessment;
(10) how the subgrant funds will be used to help children, particularly
children experiencing difficulty with oral and written language, to
make the transition from early childhood education to formal classroom
instruction;
(11) how the activities assisted under the subgrant will be coordinated
with literacy instruction at the kindergarten through grade 5 level;
(12) how the subgrant funds will be used--
(A) to evaluate the success of the activities assisted under the
subgrant in enhancing the early language and literacy development
of children from birth through kindergarten entry; and
(B) to evaluate data for program improvement; and
(13) such other information as the State educational agency may require.
(d) Approval of Local Applications- The State educational agency, in
consultation with the State agencies responsible for administering early
childhood education programs, including the State agency responsible
for administering child care programs and the State Advisory Council
on Early Childhood Education and Care established under section 642B(b)
of the Head Start Act (42 U.S.C. 9837b(b)), shall--
(1) select applications for funding under this section based on the
quality of the applications submitted, including the relationship
between literacy activities proposed and the research base or data
supporting such activities, as appropriate, and the recommendations
of--
(A) the State literacy leadership team; and
(B) other experts in the area of early literacy; and
(2) place priority for funding programs based on the criteria in section
7(b)(2)(F).
(1) IN GENERAL- An eligible entity that receives a subgrant under
this section shall use the subgrant funds consistent with the application
proposed in subsection (c) to carry out the following activities:
(A) EARLY CHILDHOOD EDUCATION PROGRAMS- Enhancing and improving
early childhood education programs to ensure that children in such
programs are provided with high-quality oral language and literature-
and print-rich environments in which to develop early literacy skills.
(B) PROFESSIONAL DEVELOPMENT- Providing high-quality professional
development.
(C) SCREENING ASSESSMENTS AND OTHER MEASURES- Acquiring, providing
training for, and implementing screening assessments, diagnostic
assessments, and classroom-based instructional assessments.
(D) MULTITIER SYSTEM OF SUPPORT- Selecting, developing, and implementing
a multitier system of support.
(E) INTEGRATING- Integrating research-based instructional materials,
activities, tools, and measures into the programs offered by the
eligible entity to improve development of early learning language
and literacy skills.
(F) TRAINING- Training providers and personnel to support, develop,
and administer high-quality early learning literacy initiatives
that--
(I) to inform instructional design; and
(II) to assess literacy needs; and
(ii) provide time and support for personnel to meet to plan literacy
instruction.
(G) FAMILY LITERACY SERVICES- Providing for family literacy services,
as appropriate, and partnering with families to support their child's
learning.
(H) DATA- Annually collecting, summarizing, and reporting to the
State educational agency data--
(i) to document and monitor, for the purpose of improving or increasing
early literacy and language skills development pursuant to activities
carried out under this section;
(ii) to stimulate and accelerate improvement by identifying the
programs served by the eligible entity that produce significant
gains in skills development; and
(iii) for all subgroups of students and categories of students,
including students 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)), in a manner that--
(I) utilizes a variety of data; and
(II) is consistent across the State.
(2) CURRICULA AND ASSESSMENT MATERIALS LIMITATION- Each eligible entity
that receives a subgrant under this section shall not use more than
10 percent of the subgrant funds to purchase curricula and assessment
materials.
(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 childhood educators, teachers, program directors, or
principals is prohibited.
SEC. 10. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES IN SUPPORT OF KINDERGARTEN
THROUGH GRADE 12 LITERACY.
(a) Subgrants to Local Educational Agencies-
(1) SUBGRANTS- A State educational agency shall use the implementation
grant funds provided under section 5(a)(2)(C) to award subgrants,
on a competitive basis, to eligible entities to enable the eligible
entities to carry out the authorized activities described in subsections
(b) and (c).
(2) SUFFICIENT SIZE AND SCOPE- A State educational agency shall award
subgrants under this section of sufficient size and scope to allow
the eligible entities to carry out high-quality literacy initiatives
in each grade level for which the subgrant funds are provided.
(3) 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, for each school that the eligible entity identifies as participating
in a subgrant program under this section, the following information:
(A) CAPACITY SURVEY- A description of the eligible entity's capacity
survey conducted to identify how subgrant funds will be used to
inform and improve literacy instruction at the school.
(B) PROFESSIONAL DEVELOPMENT- How the school, local educational
agency, or a provider of high-quality professional development will
provide ongoing high-quality professional development to all teachers
(including early childhood educators), principals, and other school
leaders served by the school (including early childhood program
administrators).
(C) INTERVENTIONS- How the school will identify students in need
of literacy interventions or other support services and provide
appropriate scientifically valid instructional interventions or
other support services which may include extended learning time
for struggling students.
(D) BUDGET- A budget for the school that projects the cost of developing
and implementing literacy initiatives to carry out the activities
described in subsections (b) and (c), as applicable.
(E) INTEGRATION- An explanation of how the school will integrate
literacy instruction into core academic subjects.
(F) COORDINATION- A description of how the school will coordinate
literacy instruction with early childhood education and after-school
programs and activities in the area served by the local educational
agency, such as library programs.
(G) ASSESSMENTS- A description of the assessments that will be used
in an assessment system to improve literacy instruction and track
student literacy progress.
(H) FAMILIES AND CAREGIVERS- A description of how families and caregivers
will be involved in supporting their children's literacy instruction
and assessment.
(I) PLANNING PERIOD- A description of how, if an eligible entity
is requesting a planning period, the eligible entity will use that
planning period to prepare for successful implementation of a plan
to support the development of learning and literacy consistent with
the purposes of this Act.
(J) INITIATIVES- A description of the literacy initiatives, if any,
in place and how these initiatives will be coordinated and integrated
with activities supported under this section.
(K) PARTICIPATION IN EVALUATION- An assurance that the eligible
entity will, if requested, participate in the national evaluation
described in section 11.
(b) Local Uses of Funds for Kindergarten Through Grade 5- An eligible
entity that receives a subgrant under this section shall use the subgrant
funds to carry out the following activities pertaining to students in
kindergarten through grade 5:
(1) LITERACY PLAN- Developing and implementing a literacy plan across
content areas that--
(A) serves the needs of all students, including children with disabilities
and English language learners, especially the students who are reading
or writing below grade level;
(B) provides intensive, supplemental, accelerated, and explicit
intervention and support in reading and writing for students whose
literacy skills are below grade level; and
(C) supports activities that are provided primarily during the regular
school day but which may be augmented by after-school and out-of-school
time instruction.
(2) ASSESSMENTS- Acquiring, providing training for, selecting, and
administering assessments, and managing, monitoring, and planning
instruction based on the assessment data.
(3) PROFESSIONAL DEVELOPMENT- Providing high quality professional
development.
(4) TRAINING- Training principals, pupil services personnel, and other
school district personnel to support, develop, administer, and evaluate
high-quality kindergarten through grade 5 literacy initiatives that--
(i) to inform instructional decisions; and
(ii) to assess professional development needs; and
(B) provide time and support for teachers to meet to plan literacy
instruction.
(c) Local Uses of Funds for Grades 6 Through 12-
(1) REQUIRED USES- An eligible entity that receives a subgrant under
this section shall use subgrant funds to carry out the following activities
pertaining to students in grades 6 through 12:
(A) LITERACY PLAN- Developing and implementing a literacy plan across
content areas that--
(i) serves the needs of all students, including children with
disabilities and English language learners, especially students
who are reading or writing below grade level;
(ii) provides intensive, supplemental, accelerated, and explicit
intervention and support in reading and writing for students whose
literacy skills are below grade level; and
(iii) supports activities that are provided primarily during the
regular school day but which may be augmented by after-school
and out-of-school time instruction.
(B) ASSESSMENTS- Acquiring, providing training for, selecting and
administering assessments, and managing, monitoring, and planning
instruction based on the assessment data.
(C) PROFESSIONAL DEVELOPMENT- Providing high-quality professional
development.
(D) TRAINING- Training principals, pupil service personnel, and
other school leaders to support, develop, administer, and evaluate
high-quality adolescent literacy initiatives that--
(I) to inform instructional decisions and allow for personalization
of instruction based on student need; and
(II) to assess professional development needs;
(ii) assess the quality of adolescent literacy instruction in
core academic subjects, and career and technical education subjects
where such career and technical education subjects provide for
the integration of core academic subjects;
(iii) provide time for teachers to meet to plan research-based
adolescent literacy instruction in core academic subjects, and
career and technical education subjects where such career and
technical education subjects provide for the integration of core
academic subjects; and
(iv) include explicit instruction in discipline-specific thinking
and how to read and interpret discipline-specific text structures
and features.
(E) DATA- Annually collecting, summarizing, and reporting to the
State educational agency, data--
(i) to document and monitor, for the purpose of improving practice,
the improvements or increases in student reading and writing pursuant
to activities carried out under this section;
(ii) to stimulate and accelerate improvement by identifying the
schools that produce significant gains in literacy achievement;
and
(iii) for all students and categories of students, including students
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)),
in a manner that utilizes a variety of data and that is consistent
across the State.
(2) 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 have the highest percentages
or numbers of children counted under section 1124(c) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6333(c)) after carrying
out the activities described in this subsection and subsection (b).
(d) Allowable Uses- An eligible entity that receives a subgrant under
this section may use remaining subgrant funds to carry out the following
activities pertaining to learners in kindergarten through grade 12:
(1) PLANNING- Providing a planning period of not more than 1 year
for the eligible entity to establish the elements necessary for successful
implementation of a literacy program for kindergarten through grade
12.
(2) LITERACY COACHES- Recruiting, placing, training, and compensating
literacy coaches.
(3) CONNECTING LEARNING OPPORTUNITIES- Connecting out-of-school learning
opportunities to in-school learning in order to improve the literacy
achievement of the students.
(4) TRAINING- Training families and caregivers to support the improvement
of adolescent literacy.
(5) MULTITIER SYSTEM OF SUPPORT- Providing for a multitier system
of support.
(6) SCHOOL LITERACY LEADERSHIP TEAM- Forming a school literacy leadership
team to help implement, assess, and identify necessary changes to
the literacy initiatives in 1 or more schools to ensure success.
(7) LITERACY-RICH ENVIRONMENT- Providing high-quality, literacy-rich
environments that engage students with materials and experiences at
the students' reading and writing levels.
(8) PLANNING AMONG TEACHERS AND OTHER STAFF- Providing time for teachers
to meet with school librarians and other building staff to plan literacy
instruction, as appropriate.
SEC. 11. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND TECHNICAL
ASSISTANCE.
(1) IN GENERAL- From funds reserved under paragraph (1)(A) or (2)(A)(iii)
of section 5(b), the Secretary shall enter into a contract with an
organization independent of the Department of Education for a 5-year
national evaluation of the grant and subgrant programs assisted under
this Act. Such evaluation shall include scientifically valid research
that applies rigorous and systematic procedures to obtain valid knowledge
relevant to the implementation and effect of the programs.
(2) CONTENTS OF EVALUATION- The evaluation described in this subsection
shall include an analysis of each of the following:
(A) IMPACT- The impact of the implementation of literacy initiatives
and practices supported under this Act on promoting the appropriate
development of young children in the precursors to literacy and
increasing student academic outcomes, including student literacy
development in reading and writing, and speaking (as appropriate),
grade promotion, and graduation to the extent predictable.
(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) STUDENT ACADEMIC OUTCOMES- The relationship between implementation
of core features, and student academic outcomes.
(D) OTHER INQUIRIES- Other inquiries as designated by the Secretary,
such as--
(i) the core functions of literacy initiatives that have demonstrated
the greatest impact on student literacy achievement, especially
among students reading below grade level;
(ii) effective strategies to integrate State and local standards,
curricula, assessments, and interventions to improve literacy;
(iii) the types of literacy activities and professional development
that most effectively improve the early reading, writing, and
language skills of children from birth through kindergarten entry;
(iv) the impact of adolescent literacy initiatives on student
motivation, engagement, and participation in adolescent literacy
activities;
(v) the relationship between students' literacy achievement and
secondary schools' success, including improving graduation rates;
and
(vi) effective strategies to integrate school and public library
programs to improve literacy.
(3) PROGRAM IMPROVEMENT- The findings of the evaluation conducted
under this subsection shall be--
(A) provided to State educational agencies and grant recipients
for use in program improvement;
(B) made publicly available, including on the Department's website;
and
(C) submitted to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce
of the House of Representatives.
(b) Information Dissemination and Technical Assistance-
(1) IN GENERAL- From amounts reserved under paragraph (1)(A) or (2)(A)(iii)
of section 5(b) for a fiscal year, the Secretary, in collaboration
with the regional educational laboratories established under section
174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564),
the comprehensive centers established under section 203 of the Educational
Technical Assistance Act of 2002 (20 U.S.C. 9602), and the Director
of the National Institute of Child Health and Human Development, shall
distribute information on literacy instruction, including best practices
and model programs identified in the evaluation, other inquiries described
in subsection (a)(2)(D), or related Federal studies of literacy activities
and provide technical assistance in order to assist States and local
educational agencies in improving literacy instruction and learning.
(2) DISSEMINATION AND COORDINATION- The Secretary shall disseminate
the information described in paragraph (1) to--
(A) recipients of Federal financial assistance under this Act, the
Head Start Act, 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 Bureau-funded school (as defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)).
(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. 12. 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 5(b)
or an eligible entity receiving a subgrant under section 9 or 10 is
not making significant progress in meeting the purposes of this Act
and the key metrics identified by the State educational agency under
section 7(b)(2)(C) 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) IN GENERAL- A State educational agency receiving an award under
section 5(b) may refuse to award subgrant funds to an eligible entity
under section 9 or 10 if the State educational agency finds that
the eligible entity is not making significant progress in meeting
the purposes of this Act, after--
(i) affording the eligible entity notice, a period for correction,
and an opportunity for a hearing; and
(ii) providing technical assistance to the eligible entity.
(B) FUNDS AVAILABLE- Subgrant funds not awarded under subparagraph
(A) shall be redirected to an eligible entity serving similar children
and students in the same area or region as the eligible entity not
awarded the subgrant funds, to the greatest extent practicable.
(b) Reporting Requirements-
(1) STATE EDUCATIONAL AGENCY REPORTS- Each State educational agency
receiving an award under section 5(b) shall report annually to the
Secretary regarding the State educational agency's progress 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 classroom teachers and other program
staff, such as school librarians;
(B) the instruction, strategies, activities, curricula, materials,
and assessments used in the programs funded under the award;
(C)(i) the types of programs and, for children from birth to kindergarten
entry, program settings, funded under the award; and
(ii) the ages and demographic information that is not individually
identifiable of children served by the programs funded under the
award;
(D) the experience and qualifications of the program 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 or developmental delays and with
English language learners and children from birth to kindergarten
entry;
(E) key data metrics identified under section 7(b)(2)(C) used for
literacy initiatives;
(F) student performance on relevant program metrics, as identified
in the State education agency's implementation plan under section
7(b)(2)(C), such as--
(i) the number and percentage of children reading and writing
on grade level by the end of grade 3;
(ii) the percent of students served under the award who receive
special education services; and
(iii) 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 9 or 10 shall report annually to the State educational
agency 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, disaggregated by the categories
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
(C) the results of an external evaluation, if the Secretary determines
applicable.
(c) Conflicts of Interest- The Secretary shall ensure that each member
of the peer review panel described in section 5(c) and each member of
a State literacy leadership team participating in a program or activity
assisted under this Act does not stand to benefit financially from a
grant or subgrant awarded under this Act.
SEC. 13. 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 screening assessments, diagnostic assessments,
and formative assessments of reading and writing authorized 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. 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.
END
