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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5064 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 5064

To ensure that children in schools have a right to read, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2022

   Mr. Reed introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To ensure that children in schools have a right to read, 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.

    This Act may be cited as the ``Right to Read Act of 2022''.

SEC. 2. DEFINITIONS.

    Section 8101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (19) through (28), 
        paragraphs (29) through (43), paragraphs (44) through (49), and 
        paragraphs (50) through (52) as paragraphs (20) through (29), 
        paragraphs (31) through (45), paragraphs (47) through (52), and 
        paragraphs (54) through (56), respectively;
            (2) by inserting after paragraph (18) the following:
            ``(19) Effective school library.--The term `effective 
        school library' means a library that--
                    ``(A) is staffed by at least one full-time State-
                certified school librarian who--
                            ``(i) is an instructional leader, 
                        information specialist, and teacher;
                            ``(ii) supports the digital learning 
                        environment and the development of 
                        participatory learning, inquiry learning, 
                        digital literacy, and information literacy; and
                            ``(iii) supports, supplements, and elevates 
                        the literacy experience through guidance in 
                        reading for learning and motivational reading 
                        initiatives in order to enhance student 
                        achievement and foster lifelong reading and 
                        learning;
                    ``(B) is otherwise adequately staffed to be open to 
                students before, during, and after the school day;
                    ``(C) has a sufficient collection of curated up-to-
                date digital and print materials and technology, 
                including openly licensed educational resources;
                    ``(D) provides appropriate facilities for 
                maintaining and providing equitable access to 
                materials, technology, connectivity, and library and 
                literacy instruction;
                    ``(E) provides regular professional development for 
                teachers, school librarians, and other educators;
                    ``(F) provides opportunities for collaboration 
                between classroom teachers and school librarians; and
                    ``(G) implements nationally recognized standards of 
                practice.'';
            (3) by inserting after paragraph (29), as redesignated by 
        paragraph (1), the following:
            ``(30) Information literacy.--The term `information 
        literacy' means the set of skills needed to find, retrieve, 
        understand, evaluate, analyze, and effectively use information 
        (which encompasses spoken and broadcast words and videos, 
        printed materials, and digital content, data, and images).'';
            (4) by inserting after paragraph (45), as redesignated by 
        paragraph (1), the following:
            ``(46) Right to read.--The term `right to read' means all 
        students have access to--
                    ``(A) linguistically and developmentally 
                appropriate, evidence-based reading instruction;
                    ``(B) effective school libraries;
                    ``(C) family literacy support;
                    ``(D) culturally diverse and inclusive materials;
                    ``(E) reading materials in the home; and
                    ``(F) the freedom to choose reading materials.''; 
                and
            (5) by inserting after paragraph (52), as redesignated by 
        paragraph (1), the following:
            ``(53) Teacher.--The term `teacher' includes a school 
        librarian.''.

SEC. 3. AMENDMENTS TO TITLE I.

    (a) State Plans.--Section 1111 of that Act (20 U.S.C. 6311) is 
amended--
            (1) in subsection (a)(4)(A)(ii)(I)(aa), by inserting 
        ``(including school librarians)'' after ``teachers''; and
            (2) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (F) and 
                        (G) as subparagraphs (H) and (I), respectively; 
                        and
                            (ii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) how the State will work to ensure that low-
                income children, minority children, children with 
                disabilities, and English learners are not 
                disproportionally enrolled in schools that lack an 
                effective school library, and the measures the State 
                educational agency will use to evaluate and publicly 
                report the progress of the State educational agency 
                with respect to ensuring such access to an effective 
                school library;
                    ``(G) how the State educational agency will provide 
                assistance to local educational agencies and individual 
                schools in supporting digital literacy and information 
                literacy skills development for their students;''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (J), by inserting 
                        ``(including school librarians)'' after 
                        ``teachers'';
                            (ii) in subparagraph (M), by striking 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (N), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(O) the State educational agency has a policy 
                protecting the right to read and will notify local 
                educational agencies, Indian tribes and tribal 
                organizations, schools, teachers, school librarians, 
                principals, other school leaders, specialized support 
                personnel, parents, and the public of such right.''.
    (b) Local Educational Agency Plans.--Section 1112 of that Act (20 
U.S.C. 6312) is amended--
            (1) in subsection (a)(1)(A), by inserting ``(including 
        school librarians)'' after ``teachers''; and
            (2) in subsection (b)--
                    (A) in paragraph (12)(B), by striking ``and'' after 
                the semicolon;
                    (B) by striking paragraph (13); and
                    (C) by adding at the end the following:
            ``(13) how the local educational agency will--
                    ``(A) support and improve effective school 
                libraries by supporting the work of State-certified 
                school librarians to ensure that students have 
                equitable access to such libraries; and
                    ``(B) assist schools in developing effective school 
                libraries to provide students an opportunity to develop 
                digital literacy and information literacy skills and 
                improve academic achievement;
            ``(14) the policies the local educational agency has in 
        place to protect the right to read; and
            ``(15) any other information on how the local educational 
        agency proposes to use funds to meet the purposes of this part, 
        and that the local educational agency determines appropriate to 
        provide, which may include a description of how the local 
        educational agency will assist schools in identifying and 
        serving gifted and talented students.''.

SEC. 4. AMENDMENTS TO TITLE II.

    (a) Authorization of Appropriations.--
            (1) In general.--Section 2003 of that Act (20 U.S.C. 6603) 
        is amended--
                    (A) in subsection (b), by inserting ``except for 
                subpart 2,'' after ``part B,''; and
                    (B) by adding at the end the following:
    ``(c) Literacy Education for All, Results for the Nation.--There 
are authorized to be appropriated--
            ``(1) for grants authorized under section 2222, 
        $500,000,000 for fiscal year 2024 and each of the succeeding 4 
        fiscal years; and
            ``(2) for grants authorized under section 2226, 
        $100,000,000 for fiscal year 2024 and each of the succeeding 4 
        fiscal years.''.
            (2) Reservations.--Section 2201 of that Act (20 U.S.C. 
        6621) is amended--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.
            (3) Comprehensive literacy state development grants.--
        Section 2222 of that Act (20 U.S.C. 6642) is amended--
                    (A) in subsection (a), by striking ``From the 
                amounts reserved by the Secretary under section 2201(2) 
                and not reserved under subsection (b),'' and inserting 
                ``From amounts appropriated to carry out this 
                section''; and
                    (B) in subsection (b)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``reserved to carry out this 
                        subpart'' and inserting ``appropriated to carry 
                        out this section''; and
                            (ii) in paragraphs (2) and (3), by striking 
                        ``subpart'' and inserting ``section'' each 
                        place the term appears.
            (4) Innovative approaches to literacy.--Section 2226(a) of 
        that Act (20 U.S.C. 6646(a)) is amended by striking ``From 
        amounts reserved under section 2201(2)'' and inserting ``From 
        amounts appropriated to carry out this section''.
            (5) Technical amendments.--
                    (A) Section 2231(a) of that Act (20 U.S.C. 6661(a)) 
                is amended, in the matter preceding paragraph (1) by 
                striking ``section 2201(3)'' and inserting ``section 
                2201(2)''.
                    (B) Section 2241 of that Act (20 U.S.C. 6671) is 
                amended, in the matter preceding paragraph (1), by 
                striking ``section 2201(4)'' and inserting ``section 
                2201(3)''.
    (b) Formula Grants to States.--Section 2101 of that Act (20 U.S.C. 
6611) is amended--
            (1) in subsection (c)(4)(B)--
                    (A) by redesignating clauses (xiv) through (xxi) as 
                clauses (xvi) through (xxiii), respectively;
                    (B) by striking clause (xiii) and inserting the 
                following:
                            ``(xiii) Supporting and improving effective 
                        school libraries that involve collaboration 
                        with State-certified school librarians.''; and
                    (C) by inserting after clause (xiii) the following:
                            ``(xiv) Developing, improving, and 
                        implementing mechanisms to assist local 
                        educational agencies and schools in effectively 
                        recruiting, hiring, and retaining State-
                        certified school librarians.
                            ``(xv) Providing training to school 
                        librarians, teachers, and school leaders on how 
                        to leverage effective school libraries for 
                        academic achievement, digital literacy, 
                        information literacy, and student and family 
                        engagement.''; and
            (2) in subsection (d)(3)(A), by inserting ``(including 
        school librarians)'' after ``teachers''.
    (c) LEARN Purposes and Definitions.--Section 2221(b) of that Act 
(20 U.S.C. 6641(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (K), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (L), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(M) provides opportunities for children to 
                develop digital literacy and information literacy 
                skills.''; and
            (2) in paragraph (2)(C), by inserting ``public libraries, 
        or pediatric literacy programs'' after ``which may include 
        early childhood education programs''.
    (d) Comprehensive Literacy State Development Grants.--Section 2222 
of that Act (20 U.S.C. 6642), as amended by subsection (a)(3), is 
further amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by striking ``and the State 
                agency responsible for administering child care 
                programs'' and inserting ``the State agency responsible 
                for administering child care programs in the State, and 
                the State library administrative agency''; and
                    (B) in paragraph (2)(A), by inserting ``, diverse 
                high quality print materials, and effective school 
                libraries,'' after ``teachers of literacy''; and
            (2) in subsection (f)(2)--
                    (A) by redesignating subparagraphs (B) through (E) 
                as subparagraphs (C) through (F), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Providing technical assistance to eligible 
                entities in the development of effective school 
                libraries, which may include establishing a statewide 
                office to coordinate technical assistance for such 
                libraries.''.
    (e) Subgrants to Eligible Entities in Support of Birth Through 
Kindergarten Entry Literacy.--Section 2223(a)(1) of that Act (20 U.S.C. 
6643(a)(1)) is amended by inserting ``the State library administrative 
agency,'' before ``and, if applicable,''.
    (f) Innovative Approaches to Literacy.--Section 2226(a) of that Act 
(20 U.S.C. 6646(a)), as amended by subsection (a)(4), is further 
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) increasing the number of State-certified school 
        librarians supporting students in high need schools;''.
    (g) Local Uses of Funds.--Section 2103(b)(3) of that Act (20 U.S.C. 
6613(b)(3)) is amended by striking subparagraph (K) and inserting the 
following:
                    ``(K) programs and activities to support and 
                improve effective school libraries that involve 
                collaboration with State-certified school librarians, 
                such as efforts to promote and support digital 
                literacy, information literacy, extended student 
                inquiry, and capstone projects;''.

SEC. 5. AMENDMENTS TO TITLE IV.

    (a) State Use of Funds.--Section 4104(b)(3)(A)(i) of that Act (20 
U.S.C. 7114(b)(3)(A)(i)) is amended--
            (1) by redesignating subclauses (VI) and (VII) as 
        subclauses (VII) and (VIII), respectively; and
            (2) by inserting after subclause (V) the following:
                                    ``(VI) digital literacy and 
                                information literacy activities and 
                                programs, including those provided 
                                through effective school libraries;''.
    (b) Activities To Support Well-Rounded Educational Opportunities.--
Section 4107(a)(3) of that Act (20 U.S.C. 7117(a)(3)) is amended--
            (1) by redesignating subparagraphs (I) and (J) as 
        subparagraphs (J) and (K), respectively; and
            (2) by inserting after subparagraph (H) the following:
                    ``(I) programs and activities the promote the 
                development of digital literacy and information 
                literacy skills, including those provided through an 
                effective school library;''.

SEC. 6. DATA COLLECTION AND REPORTING ON SCHOOL LIBRARIES.

    (a) Data Collection.--The Secretary of Education shall direct the 
National Center for Education Statistics to annually collect data on 
elementary school and secondary school libraries.
    (b) Elements.--The data collected annually under subsection (a) 
shall include--
            (1) the number and percentage of elementary schools and 
        secondary schools in each State that have dedicated school 
        library facilities located on the grounds of the school and the 
        square footage of each such library facility;
            (2) the number and percentage of schools counted under 
        paragraph (1) that employ at least one full-time State-
        certified school librarian;
            (3) the number and types of physical collections or assets 
        the school library has;
            (4) the number and types of virtual collections or 
        databases the school library has access to;
            (5) the number and types of student use devices connected 
        to high-speed internet;
            (6) the amount of time certified school librarians spend 
        planning with teachers and instructing students;
            (7) the amount of time certified school librarians spend 
        planning for and providing professional development for 
        teachers;
            (8) the number of additional library staff; and
            (9) other pertinent information that the Secretary of 
        Education determines is important in order to support effective 
        school libraries.
    (c) Report to Congress.--Not later than one year after the date of 
enactment of this Act, the Secretary of Education shall submit to 
Congress a report that includes the data collected under this section.
    (d) ESEA Terms.--In this section, the terms ``elementary school'' 
and ``secondary school'' have the meanings given those terms in section 
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each fiscal year.

SEC. 7. LIMITATION ON LIABILITY FOR TEACHERS.

    (a) In General.--Section 8556 of that Act (20 U.S.C. 7946) is 
amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Liability Protections Related to the Right To Read.--No 
teacher or school librarian shall be liable for harm caused by an act 
or omission of the teacher or school librarian if the actions of the 
teacher or school librarian were carried out in conformity with the 
right to read.'';
            (3) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``subsection (b)'' and inserting ``subsection 
        (c)'';
            (4) in subsection (c)(3), as redesignated by paragraph (1), 
        by striking ``A State law that'' and inserting ``Except with 
        respect to subsection (b), a State law that''; and
            (5) in subsection (f), as redesignated by paragraph (1)--
                    (A) in paragraph (1), by striking ``Nothing in this 
                section'' and inserting ``Except with respect to 
                subsection (b), nothing in this section''; and
                    (B) in paragraph (2), by striking ``Nothing in this 
                subpart'' and inserting ``Except with respect to 
                subsection (b), nothing in this subpart''.
    (b) Preemption and Election of State Nonapplicability.--Section 
8555(b) of that Act (20 U.S.C. 7945(b)) is amended by striking ``This 
subpart shall not apply'' and inserting ``Except for section 8556(b), 
this subpart shall not apply''.

SEC. 8. PROTECTING FIRST AMENDMENT RIGHTS IN SCHOOL LIBRARIES.

    Subpart 2 of part F of title VIII of that Act (20 U.S.C. 7901 et 
seq.) is amended by adding at the end the following:

``SEC. 8549D. PROTECTING FIRST AMENDMENT RIGHTS IN SCHOOL LIBRARIES.

    ``The Secretary shall require an assurance from each State and 
local educational agency receiving funds under this Act confirming that 
the State or local educational agency--
            ``(1) understands the importance of First Amendment 
        protections in school libraries as centers for voluntary 
        inquiry and the dissemination of information and ideas; and
            ``(2) is aware of the responsibility to respect those 
        protections in accordance with Board of Education, Island Trees 
        Union Free School District No. 26 v. Pico by Pico, 457 U.S. 853 
        (1982).''.
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