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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2706 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2706

 To establish a comprehensive literacy program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2013

  Mr. Yarmuth (for himself, Mr. Polis, Ms. Bonamici, Ms. Norton, Mr. 
  Rahall, Mr. Connolly, Mr. Cohen, and Mr. Cartwright) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL

 
 To establish a comprehensive literacy program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as--
            (1) the ``Literacy Education for All, Results for the 
        Nation Act''; or
            (2) the ``LEARN Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Programs authorized.
Sec. 5. State planning grants.
Sec. 6. State implementation grants.
Sec. 7. Subgrants to eligible entities in support of literacy for 
                            children from birth through kindergarten 
                            entry.
Sec. 8. Subgrants to eligible entities in support of literacy for 
                            students in kindergarten through grade 12.
Sec. 9. Additional State activities.
Sec. 10. National evaluation, information dissemination, and technical 
                            assistance.
Sec. 11. Consequences of insufficient progress, reporting requirements, 
                            and conflicts of interest.
Sec. 12. Rules of construction.
Sec. 13. Definitions.
Sec. 14. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress finds that in order for a comprehensive and effective 
literacy program to address the needs of children it is critical to 
address the following:
            (1) Literacy development is an ongoing process that 
        requires a sustained engagement and investment beginning in 
        early childhood and continuing through secondary school.
            (2) Developing literacy skills begins at birth as infants 
        and toddlers associate sounds, gestures, and marks on paper 
        with consequences and meaning. Many teachers and staff in early 
        learning programs are not provided with high-quality 
        professional development in how to support children's language 
        and literacy development. Such high-quality professional 
        learning and preparation, that is job-embedded and ongoing, 
        promotes strong early language and literacy for all children's 
        readiness for school.
            (3) Research shows that writing leads to improved reading 
        achievement, reading leads to better writing performance, and 
        combined instruction leads to improvements in both areas. 
        Students in kindergarten through grade 12 need to be engaged in 
        combined reading and writing experiences that lead to a higher 
        level of thinking than when either process is taught alone.
            (4) Teachers and early childhood educators need 
        professional development to improve the reading and writing 
        abilities of children who are at risk for developmental delays 
        or are reading and writing several years below grade level. 
        Middle school and secondary school teachers in core academic 
        subjects must have the tools and skills to teach reading and 
        writing for subject area understanding and to differentiate and 
        provide instruction for students with varying literacy skills.
            (5) Approximately 70 percent of 4th graders and 8th graders 
        read below the proficient level on the 2007 National Assessment 
        of Educational Progress.
            (6) Between 1971 and 2008, the reading levels of 17-year-
        olds in the United States showed little to no improvement. The 
        ability of secondary school students to read complex texts is 
        strongly predictive of their performance in postsecondary 
        mathematics and science courses.
            (7) Only one-third of secondary school students who enter 
        9th grade each year can expect to graduate in 4 years with the 
        skills needed to succeed in higher education and the workplace.
            (8) The 25 fastest growing professions have higher than 
        average literacy demands while the fastest declining 
        professions have lower than average literacy demands.
            (9) The intellectual and linguistic skills necessary for 
        reading and writing must be developed through explicit, 
        intentional, and systematic language activities, to which many 
        low-income and minority students do not have access.
            (10) Only 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 in the United 
        States. These 1,230,000 nongraduates cost the United States 
        more than $319,000,000,000 in lost wages, taxes, and 
        productivity over their lifetimes.
            (11) Meaningful engagement of families in their children's 
        early learning supports school readiness and later academic 
        success. Parental literacy habits are positively associated 
        with parental reading beliefs, parent-child literacy and 
        language activities in the home, children's print knowledge, 
        and interest in reading and writing.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to improve reading, writing, and academic achievement 
        for children and students by providing Federal support to State 
        educational agencies, in collaboration with State agencies that 
        oversee child care programs, to develop, coordinate, and 
        implement comprehensive State literacy plans that ensure high-
        quality instruction and effective practices in early language 
        and literacy in early learning programs (serving children from 
        birth through kindergarten entry) and in reading and writing in 
        kindergarten through grade 12; and
            (2) to assist State educational agencies and State agencies 
        that oversee child care and other early childhood programs in 
        achieving the purposes described in paragraph (1) by--
                    (A) supporting the development and implementation 
                of early learning through grade 12 literacy programs 
                that are based on scientifically valid research, to 
                ensure that every student can read and write at grade 
                level or above;
                    (B) providing children attending early learning 
                programs that serve children from birth through 
                kindergarten entry, including programs, such as child 
                care, Early Head Start, Head Start, State-funded 
                preschool, public library programs, and other early 
                childhood education settings, with high-quality, 
                language-rich, literature-rich, informational text-
                rich, culturally relevant, developmentally appropriate 
                environments, so that such children develop the 
                fundamental knowledge and skills necessary for literacy 
                engagement, development, and achievement in 
                kindergarten and beyond;
                    (C) educating parents in the ways they can support 
                their child's communication and literacy development;
                    (D) supporting efforts to link and align standards 
                and evidence-based teaching practices and instruction 
                in early learning programs serving children from birth 
                through kindergarten entry;
                    (E) supporting high-quality, effective educational 
                and development environments for children and students 
                from birth through grade 12 to develop oral language, 
                reading comprehension, and writing abilities through 
                evidence-based instruction and practices;
                    (F) improving student achievement by establishing 
                literacy initiatives that provide explicit and 
                systematic instruction in oral language, reading, and 
                writing development across the curriculum;
                    (G) identifying and supporting students who are 
                reading and writing below grade level by providing 
                evidence-based intensive interventions, including 
                extended learning time, to help such students acquire 
                the language and literacy skills they need to graduate 
                from secondary school;
                    (H) providing assistance to eligible entities in 
                order to provide educators with high-quality 
                professional development in the essential components of 
                early literacy instruction and the essential components 
                of reading and writing instruction;
                    (I) supporting State educational agencies and local 
                educational agencies in using age- and developmentally 
                appropriate instructional materials and strategies, 
                including those consistent with universal design for 
                learning, that assist teachers as they work with 
                students to develop reading and writing competencies 
                appropriate to the student's grade and skill levels;
                    (J) supporting State educational agencies and 
                eligible entities in improving reading, writing, and 
                academic achievement for children and students, 
                especially those that are low-income, limited English 
                proficient, migratory, Indian or Alaskan Native, 
                neglected or delinquent, homeless, in the custody of 
                the child welfare system, those that have disabilities, 
                or those who have dropped out of school; and
                    (K) strengthening coordination among schools, early 
                learning programs, early literacy programs, family 
                literacy programs, juvenile justice programs, public 
                libraries, and outside-of-school programs that provide 
                children and youth with strategies, curricula, 
                interventions, and assessments designed to advance 
                early and continuing language and literacy development 
                in ways appropriate for each context.

SEC. 4. PROGRAMS AUTHORIZED.

    (a) In General.--The Secretary is authorized--
            (1) to award State planning grants in accordance with 
        subsection (b) and section 5; and
            (2) to award State implementation grants in accordance with 
        subsection (b) and section 6 to enable--
                    (A) the State agency that oversees child care 
                programs, in consultation with the State Advisory 
                Council on Early Childhood Education and Care described 
                in section 642B of the Head Start Act and other early 
                childhood agencies, to award subgrants to eligible 
                entities in accordance with section 7;
                    (B) the State educational agency to award subgrants 
                to eligible entities in accordance with section 8; and
                    (C) the State educational agency to carry out the 
                additional State activities described in section 9.
    (b) Awards to State Educational Agencies.--
            (1) Discretionary grants.--
                    (A) In general.--If the amount appropriated under 
                section 14 for a fiscal year is less than $500,000,000 
                the Secretary shall--
                            (i) reserve not more than 5 percent of such 
                        amount for the national evaluation, 
                        dissemination of information, and technical 
                        assistance under section 10;
                            (ii) reserve not more than 5 percent of 
                        such amount to make awards, on a competitive 
                        basis, under section 5; and
                            (iii) use the amount not reserved under 
                        clauses (i) and (ii) to make awards, on a 
                        competitive basis and based on the quality of 
                        the applications submitted, to State 
                        educational agencies that have applications 
                        approved under section 6 to enable the agencies 
                        to carry out sections 7 through 9.
                    (B) Allocation of funds.--The Secretary shall 
                allocate the funds described in subparagraph (A)(iii) 
                among approved applicants on the basis of the relative 
                number or percentage of children counted under section 
                1124(c) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6333(c)) in a State served by an 
                approved applicant compared to the number or percentage 
                of such children in all States served by approved 
                applicants, except that awards under this paragraph 
                shall be of sufficient size and scope to be effective.
            (2) Formula grants.--
                    (A) In general.--If the amount appropriated under 
                section 14 for a fiscal year is equal to or exceeds 
                $500,000,000 the Secretary shall--
                            (i) reserve not more than 5 percent of such 
                        amount for the national evaluation, 
                        dissemination of information, and technical 
                        assistance under section 10;
                            (ii) reserve not more than 5 percent of 
                        such amount to make awards, on a competitive 
                        basis, under section 5;
                            (iii) reserve a total of 1 percent of such 
                        amount for--
                                    (I) allotments for the United 
                                States Virgin Islands, Guam, American 
                                Samoa, and the Commonwealth of the 
                                Northern Mariana Islands, to be 
                                distributed among such outlying areas 
                                on the basis of their relative need, as 
                                determined by the Secretary in 
                                accordance with the purposes of this 
                                Act; and
                                    (II) the Secretary of the Interior 
                                for programs under sections 5 through 9 
                                in schools operated or funded by the 
                                Bureau of Indian Education; and
                            (iv) use the amount not reserved under 
                        clauses (i) through (iii) to make awards, from 
                        allotments under subparagraph (B), to State 
                        educational agencies serving States, excluding 
                        States described in clause (iii)(I), that have 
                        applications approved under section 6 to enable 
                        the agencies to carry out sections 7 through 9.
                    (B) State allotment formula.--From the funds 
                described in subparagraph (A)(iv), the Secretary shall 
                make an award to each approved applicant under section 
                6 on the basis of the relative number of children 
                counted under section 1124(c) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6333(c)) in 
                the State served by the applicant compared to the 
                number of such children in all States served by 
                approved applicants.
                    (C) Proportional division.--In each fiscal year, 
                the amount reserved under subparagraph (A)(iii) shall 
                be divided between the uses described in subclauses (I) 
                and (II) of such subparagraph in the same proportion as 
                the amount reserved under section 1121(a) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6331(a)) is divided between the uses described 
                in paragraphs (1) and (2) of such section 1121(a) for 
                such fiscal year.
            (3) Consultation.--
                    (A) In general.--As applicable, a State educational 
                agency that receives a discretionary grant or allotment 
                under this subsection shall engage in timely and 
                meaningful consultation with representatives of Indian 
                tribes located in the State in order to improve the 
                coordination of activities designed to develop 
                effective approaches to achieve the purposes of the Act 
                consistent with the cultural, language, and educational 
                needs of Indian students.
                    (B) Special rule.--Of the funds reserved under 
                paragraph (2)(A)(iii)(II), the Secretary of the 
                Interior shall consult with tribes and school boards 
                connected with bureau-funded schools to ensure 
                allocation of funds to the extent possible in 
                accordance with subparagraphs (A), (B), and (C) of 
                section 6(a)(2).
    (c) Peer Review.--
            (1) In general.--The Secretary shall convene a peer review 
        panel to evaluate and make recommendations to the Secretary 
        regarding each application for a grant under section 5 or 6 
        using the evaluation criteria described in paragraph (2).
            (2) Development of evaluation criteria.--The Secretary 
        shall report to the Congress the peer review process and 
        evaluation criteria that will be used to evaluate grant 
        applications under sections 5 and 6 and shall make a copy of 
        the peer review panel's comments available to the public.
    (d) Supplement Not Supplant.--Grant funds provided under this 
section shall be used to supplement, and not supplant, other Federal, 
State, or local funds that would, in the absence of such grant funds, 
be made available for literacy instruction and support of children and 
students participating in programs assisted under this Act.

SEC. 5. STATE PLANNING GRANTS.

    (a) Planning Grants Authorized.--
            (1) In general.--The Secretary may award planning grants to 
        State educational agencies to enable the State educational 
        agencies to develop or improve a comprehensive plan, in 
        consultation with the State agencies that oversee child care 
        and other early childhood programs, the State Advisory Council 
        on Early Childhood Education and Care, and the State Head Start 
        Collaboration Office, to carry out activities that improve 
        literacy for children and students from birth through grade 12.
            (2) Grant period.--A planning grant under this section 
        shall be awarded for a period of not more than 1 year.
            (3) Nonrenewability.--The Secretary shall not award a State 
        educational agency more than 1 planning grant under this 
        section.
            (4) Relation to implementation grants.--A State educational 
        agency may not receive a planning grant under this section at 
        the same time it is receiving an implementation grant under 
        section 6.
    (b) Application.--Each State educational agency desiring a planning 
grant under this section shall submit, jointly with the State agencies 
that oversee child care and other early childhood programs and the 
State Advisory Council on Early Childhood Education and Care, an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require.
    (c) Existing State Literacy Plan.--An existing Federally funded 
comprehensive State literacy plan may be improved using a grant under 
this section.

SEC. 6. STATE IMPLEMENTATION GRANTS.

    (a) Implementation Grants Authorized.--
            (1) In general.--The Secretary shall award implementation 
        grants to State educational agencies--
                    (A) to implement, in collaboration with the State 
                agencies that oversee child care and other early 
                childhood programs, the State Advisory Council on Early 
                Childhood Education and Care, and the State Head Start 
                Collaboration Office--
                            (i) the comprehensive State literacy plan 
                        developed under section 5, if the State 
                        educational agency received a grant under such 
                        section; or
                            (ii) another comprehensive State literacy 
                        plan for serving children from birth through 
                        grade 12;
                    (B) to provide funds made available under paragraph 
                (2)(A) to the State agency that oversees child care 
                programs to award subgrants under section 7;
                    (C) to award subgrants under section 8; and
                    (D) to carry out additional State activities under 
                section 9.
            (2) Use of funds.--State educational agency shall use 
        implementation grant funds received under this section as 
        follows:
                    (A) Learners from birth through kindergarten 
                entry.--Not less than 15 percent of such grant funds 
                shall be used in accordance with section 7.
                    (B) Students in kindergarten through grade 5.--Not 
                less than 40 percent of such grant funds shall be used 
                in accordance with section 8, to be allocated equitably 
                among grades kindergarten through grade 5, unless the 
                State educational agency determines than an exception 
                is necessary based on a capacity survey described in 
                section 8(c)(1).
                    (C) Students in grades 6 through 12.--Not less than 
                40 percent of such grant funds shall be used in 
                accordance with section 8, to be allocated equitably 
                among grades 6 through 12, unless the State educational 
                agency determines that an exception is necessary based 
                on a capacity survey described in section 8(c)(1).
                    (D) State activities.--Not more than 5 percent of 
                such grant funds shall be used for the State activities 
                described in section 9.
            (3) Duration of grants.--An implementation grant under this 
        section shall be awarded for a period of not less than 3 years 
        and not more than 5 years.
            (4) Renewals.--
                    (A) In general.--Implementation grants under this 
                section may be renewed.
                    (B) Conditions.--In order to be eligible to have an 
                implementation grant renewed under this paragraph, the 
                State educational agency, in collaboration with the 
                State agencies that oversee child care and other early 
                childhood programs and the State Advisory Council on 
                Early Childhood Education and Care, shall demonstrate, 
                to the satisfaction of the Secretary, that--
                            (i) the State educational agency has 
                        complied with the terms of the grant, including 
                        using the funds to--
                                    (I) increase access to high-quality 
                                professional development;
                                    (II) use developmentally 
                                appropriate curricula and teaching 
                                materials; and
                                    (III) use developmentally 
                                appropriate classroom-based 
                                instructional assessments and 
                                developmentally appropriate screening 
                                and diagnostic assessments; and
                            (ii) with respect to students in 
                        kindergarten through grade 12, during the 
                        period of the grant there has been significant 
                        progress in student achievement, as measured by 
                        appropriate assessments, including meeting the 
                        measurable annual objectives established 
                        pursuant to section 1111(b)(2)(C)(v) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311(b)(2)(C)(v)).
    (b) State Applications.--
            (1) In general.--A State educational agency that desires to 
        receive an implementation grant under this section shall, in 
        collaboration with the State agencies that oversee child care 
        and other early childhood programs and the State Advisory 
        Council on Early Childhood Education and Care, submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            (2) Contents.--An application described in paragraph (1) 
        shall include the following:
                    (A) State literacy team and plan.--A description of 
                how the State educational agency has formed a State 
                literacy leadership team and developed a comprehensive 
                State literacy plan, as described in section 5.
                    (B) Conflicts of interest.--An assurance that the 
                State has a process to safeguard against conflicts of 
                interest consistent with section 11(c) for individuals 
                providing technical assistance on behalf of the State 
                educational agency or the State agencies that oversee 
                child care and other early childhood programs or 
                serving on the State literacy leadership team.
                    (C) Implementation.--An implementation plan that 
                includes a description of how the State educational 
                agency and the State agency that oversees child care 
                programs will--
                            (i) assist eligible entities with--
                                    (I) selecting and using screening 
                                assessments and diagnostic assessments;
                                    (II) providing classroom-based 
                                instruction that is supported by one-
                                to-one and small group instruction;
                                    (III) using curricular materials 
                                and instructional tools, which may 
                                include technology, to improve 
                                instruction and literacy achievement;
                                    (IV) using the principles of 
                                universal design for learning in all 
                                phases of instructional practice, 
                                including professional development, 
                                curriculum development and selection of 
                                instructional materials, and classroom 
                                instruction;
                                    (V) providing high-quality 
                                professional development as part of 
                                such eligible entities' literacy 
                                initiatives to improve the literacy 
                                development and learning of children 
                                and students served under the 
                                implementation grant; and
                                    (VI) providing diverse learners, 
                                including English language learners, 
                                with culturally, linguistically, and 
                                developmentally appropriate curricula, 
                                instructional materials, interactive 
                                technologies, and valid and reliable 
                                assessments that support such learners 
                                in meeting State academic and content 
                                standards;
                            (ii) ensure that eligible entities in the 
                        State have leveraged and are effectively 
                        leveraging the resources to implement high-
                        quality literacy instruction, and have the 
                        capacity to implement high-quality literacy 
                        initiatives effectively;
                            (iii) ensure that professional development 
                        activities are based on--
                                    (I) the essential components of 
                                early literacy instruction and the 
                                essential components of reading and 
                                writing instruction, as appropriate; 
                                and
                                    (II) evidence-based English 
                                language acquisition and adult learning 
                                research, as appropriate;
                            (iv) coordinate and align, as appropriate, 
                        the activities assisted under this section and 
                        sections 7 and 8 with other State and local 
                        programs that--
                                    (I) serve children and students, 
                                and their families; and
                                    (II) promote literacy instruction 
                                and learning;
                            (v) ensure that funds provided under this 
                        section are awarded in a manner that will 
                        provide services to all age and grade levels 
                        consistent with section 6(a)(2);
                            (vi) award subgrants to eligible entities 
                        to enable the eligible entities to carry out 
                        the activities described in sections 7 and 8, 
                        including to--
                                    (I) eligible entities that serve 
                                rural areas; and
                                    (II) eligible entities that serve 
                                urban areas; and
                            (vii) assist the eligible entities in the 
                        State in--
                                    (I) providing strategic and 
                                intensive literacy instruction for 
                                students reading and writing below 
                                grade level, including through the use 
                                of multitiered systems of supports;
                                    (II) providing high-quality 
                                professional development in literacy 
                                instruction to teachers, including--
                                            (aa) special education 
                                        teachers or teachers of 
                                        students who are English 
                                        language learners; and
                                            (bb) teachers of core 
                                        academic subjects;
                                    (III) addressing the literacy needs 
                                of children and students with 
                                disabilities and English language 
                                learners served by the eligible entity; 
                                and
                                    (IV) providing training to parents 
                                so that the parents can participate in 
                                the literacy related activities 
                                described under sections 7 and 8 to 
                                assist in the language and literacy 
                                development of their children.
                    (D) Key data metrics.--A description of the key 
                data metrics that will be collected and reported 
                annually under section 11(b)(1)(E).
                    (E) National evaluation.--An assurance that the 
                State educational agency, the State agency that awards 
                subgrants under section 7, and any eligible entity 
                receiving a subgrant under section 7 or 8, will, if 
                requested, participate in the national evaluation under 
                section 10.
                    (F) Priority.--An assurance that the State 
                educational agency and the State agency that oversees 
                child care programs, as appropriate, shall prioritize 
                awarding subgrants--
                            (i) under section 7, based on the 
                        percentage of low-income children proposed to 
                        be served by the applicant; and
                            (ii) under section 8, based on the number 
                        or percentage of children counted under section 
                        1124(c) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6333(c)) 
                        proposed to be served by the applicant.

SEC. 7. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF LITERACY FOR 
              CHILDREN FROM BIRTH THROUGH KINDERGARTEN ENTRY.

    (a) Subgrants.--A State educational agency shall provide the funds 
provided under section 4(a)(2)(A) to the State agency that oversees 
child care programs, who shall award subgrants, on a competitive basis, 
in consultation with the State Advisory Council on Early Childhood 
Education and Care and other State early childhood agencies, to 
eligible entities to enable the eligible entities to carry out the 
activities described in subsection (e).
    (b) Sufficient Size and Scope.--Each subgrant awarded under this 
section shall be of sufficient size and scope to allow the eligible 
entity to carry out the activities described in subsection (e).
    (c) Local Applications.--An eligible entity that desires to receive 
a subgrant under this section shall submit an application to the State 
agency that oversees child care programs, at such time, in such manner, 
and including such information as such agency may require. Such 
application shall include a description of--
            (1) a needs assessment, including an analysis of data on 
        child literacy as applicable;
            (2) an implementation plan that utilizes the needs 
        assessment described in paragraph 1 that identifies a baseline 
        level of literacy and early literacy skills, as well as 
        benchmarks for making improvements and monitoring progress;
            (3) the programs assisted under the subgrant, including 
        demographic and socioeconomic information on the children from 
        birth through kindergarten entry enrolled in the programs;
            (4) 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);
            (5) 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;
            (6) how the subgrant funds will be used to prepare and 
        provide ongoing assistance to staff in the programs, through 
        professional development focused on the essential components of 
        early literacy instruction, including onsite intensive 
        mentoring by early childhood literacy coaches to provide high-
        quality literacy activities based on scientifically valid 
        research on child development and learning for children from 
        birth through kindergarten entry;
            (7) how the subgrant funds will be used to provide 
        services, incorporate activities, and select and use literacy 
        instructional materials that are based on scientifically valid 
        research on child development and early learning;
            (8) how the subgrant funds will be used to provide--
                    (A) screening assessments or other appropriate 
                measures--
                            (i) to effectively identify children from 
                        birth through kindergarten entry who may be at 
                        risk for delayed development or later academic 
                        difficulties; and
                            (ii) to determine whether such children are 
                        developing the fundamental knowledge necessary 
                        for literacy, engagement, development, and 
                        achievement in kindergarten and beyond; and
                    (B) diagnostic assessments, as appropriate, to 
                determine the need for additional services;
                    (C) classroom-based instructional assessments; and
                    (D) other appropriate assessments of developmental 
                progress;
            (9) how the subgrant funds will be used to help 
        instructional staff in the programs assisted under the subgrant 
        to more effectively meet the diverse developmental and 
        linguistic needs of children from birth through kindergarten 
        entry in the community, including the needs of English language 
        learners and children with disabilities;
            (10) how the subgrant funds will be used to ensure that 
        parents receive instruction--
                    (A) on their children's early literacy development; 
                and
                    (B) on how parents can support children's literacy 
                development at home;
            (11) how the subgrant funds will be used to help children, 
        particularly children experiencing difficulty with spoken and 
        written language, to make the transition from early education 
        to formal classroom instruction;
            (12) how the activities assisted under the subgrant will be 
        coordinated with literacy instruction at the kindergarten 
        through grade 3 levels;
            (13) how the eligible entity will--
                    (A) evaluate the success of the activities 
                supported under the subgrant in enhancing the early 
                language and literacy development of children served 
                under such subgrant; and
                    (B) evaluate data for program improvement; and
            (14) such other information as the State agency that 
        oversees child care programs may require.
    (d) Approval of Local Applications.--The State agency that oversees 
child care programs shall--
            (1) award subgrants to eligible entities in accordance with 
        this section based on the quality of applications submitted; 
        and
            (2) prioritize awarding subgrants based on the criteria 
        described in section 6(b)(2)(F).
    (e) Local Uses of Funds.--
            (1) Required uses.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant funds to 
        carry out the following activities to support the development 
        of early language and literacy in children from birth through 
        kindergarten entry:
                    (A) Enhance and improve early learning programs to 
                ensure that children in such programs are provided with 
                high-quality, developmentally appropriate oral 
                language, literature- and print-rich environments.
                    (B) Provide high-quality professional development 
                on how children develop language and literacy skills 
                (including children with disabilities and English 
                language learners), and the selection and integration 
                of developmentally, linguistically, and culturally 
                appropriate literacy instructional strategies, 
                activities, and materials, which may include the use of 
                an early literacy coach for the staff of the eligible 
                entity, in such entity's curriculum and activities.
                    (C) Acquire, provide training for, and implement, 
                as appropriate--
                            (i) screening assessments or other 
                        appropriate measures to determine whether 
                        children from birth through kindergarten entry 
                        are developing appropriate early language and 
                        literacy skills;
                            (ii) diagnostic assessments, as 
                        appropriate, to determine the need for 
                        additional services; and
                            (iii) classroom-based instructional 
                        assessments.
                    (D) Acquire, as appropriate, and integrate 
                evidence-based instructional materials, activities, 
                tools, and measures into the early learning programs 
                offered by the eligible entity to improve development 
                of children's early language and literacy skills.
            (2) Allowable uses.--An eligible entity that receives a 
        subgrant under this section may use the subgrant funds to carry 
        out either or both of the following activities to support the 
        development of early language and literacy in children from 
        birth through kindergarten entry:
                    (A) Selecting, developing, and implementing a 
                multitier system of supports.
                    (B) Providing activities that encourage family 
                literacy experiences and practices and educate parents 
                of children enrolled in a program receiving funds under 
                this section on the development of their children's 
                early literacy skills.
    (f) Prohibition.--The use of assessment items and data on any 
assessment authorized under this section to provide rewards or 
sanctions for individual children, early learning providers, program 
directors, or principals is prohibited.

SEC. 8. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF LITERACY FOR 
              STUDENTS IN KINDERGARTEN THROUGH GRADE 12.

    (a) Subgrants.--A State educational agency shall use the 
implementation grant funds provided under section 4(a)(2)(B) to award 
subgrants, on a competitive basis, to eligible entities to enable the 
eligible entities to carry out the activities described in subsection 
(e).
    (b) Sufficient Size and Scope.--Each subgrant awarded under this 
section shall be of sufficient size and scope to allow the eligible 
entity to carry out the activities described in subsection (e).
    (c) Local Applications.--An eligible entity desiring to receive a 
subgrant under this section shall submit an application to the State 
educational agency at such time, in such manner, and containing such 
information as the State educational agency may require. Such 
application shall include, the following information:
            (1) Capacity survey.--Results of the eligible entity's 
        capacity survey that--
                    (A) identify--
                            (i) the strengths and weaknesses of such 
                        entity related to literacy;
                            (ii) how subgrant funds will be used to 
                        inform and improve literacy instruction within 
                        such entity; and
                            (iii) the demographic and socioeconomic 
                        information on the students enrolled in such 
                        entity; and
                    (B) include an analysis, disaggregated by the 
                subgroups described in section 1111(b)(2)(C)(v)(II) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(2)(C)(v)(II)) and by grade level, of--
                            (i) State scores on the reading or language 
                        arts assessments conducted under section 
                        1111(b)(3) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311(b)(3));
                            (ii) National Assessment of Educational 
                        Progress reading scores, as appropriate;
                            (iii) the percentage of students in need of 
                        reading and writing remediation;
                            (iv) core course passing and failure rates 
                        for secondary school students;
                            (v) credit accumulation for secondary 
                        school students; and
                            (vi) graduation rates.
            (2) Professional development.--How each participating 
        school, eligible entity, or a provider of high-quality 
        professional development will provide ongoing high-quality 
        professional development in language development, English 
        language acquisition (as appropriate), and literacy instruction 
        to all teachers, principals, and other school leaders served by 
        the school.
            (3) Interventions.--How each participating school will 
        identify students in need of interventions and provide 
        appropriate scientifically valid instructional interventions or 
        other services which may include one-on-one instruction and 
        extended learning time for struggling students.
            (4) Budget.--A budget for each participating school that 
        projects the cost of developing and implementing literacy 
        initiatives to carry out the activities described in subsection 
        (e).
            (5) Integration.--An explanation of how each participating 
        school will integrate literacy instruction into core academic 
        subjects.
            (6) Coordination.--A description of how each participating 
        school will coordinate literacy instruction with early 
        education, after-school programs, and other programs serving 
        students in the school, such as library programs, as 
        appropriate.
            (7) Assessments.--A description of the screening, 
        diagnostic, formative, and summative assessments that will be 
        used in an assessment system to improve literacy instruction 
        and track student literacy progress.
            (8) Families and caregivers.--A description of how the 
        families and caregivers will be involved in supporting their 
        children's literacy instruction and assessment.
            (9) Initiatives.--A description of the literacy and other 
        academic initiatives, if any, in place and how these 
        initiatives will be coordinated and integrated with activities 
        supported under this section.
            (10) Participation in evaluation.--An assurance that the 
        eligible entity will, if requested, participate in the national 
        evaluation described in section 10.
    (d) Approval of Local Applications.--The State educational agency 
shall--
            (1) award subgrants to eligible entities in accordance with 
        this section based on the quality of applications submitted; 
        and
            (2) prioritize awarding subgrants to eligible entities 
        based on the criteria described in section 6(b)(2)(F).
    (e) Local Uses of Funds for Kindergarten Through Grade 12.--
            (1) Required uses.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant funds to 
        carry out the following activities for students in kindergarten 
        through grade 12:
                    (A) Develop and implement a literacy initiative 
                that--
                            (i) includes all of the essential 
                        components of reading and writing instruction;
                            (ii) supports activities that are provided 
                        primarily during the regular school day but 
                        which may be augmented by instruction during 
                        nonschool hours or periods when school is not 
                        in session (such as before and after school or 
                        during summer recess);
                            (iii) integrates literacy instruction into 
                        core academic subjects and, to the extent 
                        practicable, other subjects taught in a school, 
                        such as career and technical education; and
                            (iv) addresses the literacy needs of 
                        English language learners and students with 
                        disabilities.
                    (B) Form school literacy leadership teams to help 
                implement, assess, and identify changes to the literacy 
                initiative.
                    (C) Provide high-quality, developmentally 
                appropriate oral language, including listening and 
                speaking, literature, and print-rich classroom 
                environments.
                    (D) Provide high-quality professional development 
                for instructional staff, including literacy coaches and 
                teachers of students with disabilities and English 
                language learners.
                    (E) Select and administer screening and diagnostic 
                assessments and support teachers' use of formative 
                assessments and assessment data to plan instruction.
                    (F) Select and implement a multitier system of 
                supports that includes intensive, supplemental 
                interventions for students.
                    (G) Provide training to principals and other school 
                and district personnel in implementing the literacy 
                initiative, particularly in the areas of--
                            (i) utilizing data;
                            (ii) assessing the quality of literacy 
                        instruction across content areas; and
                            (iii) providing time and support for 
                        teachers to plan literacy instruction.
                    (H) Provide family literacy services for students 
                and their parents, including training to enable 
                families and caregivers to support the literacy 
                initiative.
                    (I) Promote writing experiences and implement 
                programs that instruct and engage students in 
                practicing writing for multiple audiences and purposes 
                appropriate to the interests and capacities of 
                students.
                    (J) Annually collect, analyze, and report data to 
                the State educational agency.
            (2) Allowable uses.--An eligible entity that receives a 
        subgrant under this section may use the subgrant funds to carry 
        out the following activities for students in kindergarten 
        through grade 12:
                    (A) Acquire and utilize developmentally appropriate 
                instructional materials based on scientifically valid 
                research, including materials that utilize technology.
                    (B) Hire and train literacy coaches.
                    (C) Promote reading, library, and writing programs 
                that provide access to engaging reading material in 
                school and at home.
                    (D) Connect out-of-school learning opportunities to 
                in-school learning, including the alignment of after-
                school activities with in-school curricula, in order to 
                improve the literacy achievement of students.
                    (E) Form an acting partnership with 1 or more 
                public or private nonprofit organizations that have a 
                demonstrated record of effectiveness in improving 
                literacy development or providing professional 
                development aligned with the activities described in 
                this subsection.
                    (F) Providing time for teachers and school 
                librarians to meet to plan literacy instruction, as 
                appropriate.
    (f) Limitation to Certain Schools.--An eligible entity receiving a 
subgrant under this section shall, in distributing subgrant funds under 
this subsection, provide the subgrant funds only to schools, including 
public charter schools, that--
            (1) are among the schools served by the eligible entity 
        with the highest numbers or percentages of students in grades 
        kindergarten through 12 reading and writing below grade level, 
        based on the most current State data as available; and
            (2) have the highest numbers or percentages of children 
        counted under section 1124(c) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6333(c)).

SEC. 9. ADDITIONAL STATE ACTIVITIES.

    (a) Required Activities.--A State educational agency, in 
consultation with the State agency that oversees child care programs, 
shall use funds made available under section 4(a)(2)(C) and described 
in section 6(a)(1)(D) to carry out each of the following activities:
            (1) Providing technical assistance or engaging qualified 
        providers to provide such assistance, to assist eligible 
        entities to design and implement literacy initiatives.
            (2) Identifying and supporting high-quality professional 
        development in literacy instruction for eligible entities.
            (3) Coordinating activities under this Act with reading, 
        writing, and other literacy resources and programs across the 
        State.
            (4) Disseminating information, including making publicly 
        available on the Web sites of the State educational agency and 
        the State agency that oversees child care programs, on 
        promising practices to improve children's early literacy and 
        language development and student literacy achievement.
            (5) Reviewing and developing recommendations in 
        collaboration with teachers, early childhood providers, 
        statewide educational and professional organizations 
        representing teachers, and statewide and educational and 
        professional organizations representing institutions of higher 
        education, to strengthen State licensure and certification 
        standards for literacy instruction in early education through 
        grade 12.
            (6) Coordinating with institutions of higher education in 
        the State to strengthen and enhance pre-service course work for 
        students preparing to teach literacy to children and students 
        from birth through grade 12.
            (7) Administration and reporting.
    (b) Permissive Activities.--A State educational agency, in 
collaboration with the State agency that oversees child care programs, 
may use funds made available under section 4(a)(2)(C) and described in 
section 6(a)(1)(D) to carry out one or more of the following 
activities:
            (1) Training personnel of eligible entities to use data 
        systems to track student literacy achievement.
            (2) Developing and providing training to literacy coaches, 
        including literacy coaches with expertise in early literacy 
        development, language development, and adolescent literacy.

SEC. 10. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND TECHNICAL 
              ASSISTANCE.

    (a) National Evaluation.--
            (1) In general.--From funds reserved under paragraph 
        (1)(A)(i) or (2)(A)(i) of section 4(b), the Secretary shall 
        perform a 5-year national evaluation of the grant and subgrant 
        programs assisted under this Act by entering into one or more 
        contracts or cooperative agreements with independent 
        organizations. Such evaluation shall include scientifically 
        valid research that applies rigorous and systematic procedures 
        to obtain information relevant to the implementation and effect 
        of the programs assisted under this Act.
            (2) Contents of evaluation.--The evaluation described in 
        this subsection shall include an analysis of each of the 
        following:
                    (A) Impact.--The impact of literacy initiatives 
                supported under this Act on improving early literacy 
                skills and student academic outcomes, including student 
                literacy development in reading and writing, student 
                literacy development in other academic content areas, 
                grade promotion, and graduation.
                    (B) Implementation of core features.--The fidelity 
                of implementation of core program features, such as 
                coherence of program across grades, quality of 
                technical assistance, State and school district 
                leadership, professional development for teachers and 
                administrators, use of quality materials and pedagogy, 
                and use of assessment.
                    (C) Other inquiries.--Other inquiries as designated 
                by the Secretary, such as--
                            (i) the types of literacy initiatives that 
                        have demonstrated the greatest impact on 
                        student achievement;
                            (ii) how State standards, local educational 
                        agency and school curricula, assessments, and 
                        interventions combine to improve literacy;
                            (iii) how screening, diagnostic, and 
                        formative assessments of reading and writing 
                        assist teachers in identifying students' 
                        reading and writing needs;
                            (iv) how job-embedded, ongoing, high-
                        quality professional development improves 
                        teacher practice and increases literacy skills 
                        of children and students;
                            (v) the types of literacy activities that 
                        improve the early reading, writing, and 
                        language skills of children from birth through 
                        kindergarten entry;
                            (vi) how early learning providers are being 
                        prepared with scientifically valid research on 
                        early childhood literacy and literacy 
                        development;
                            (vii) how early literacy instructional 
                        materials and activities based on 
                        scientifically valid research are being 
                        integrated into preschools, child care programs 
                        and programs carried out under the Head Start 
                        Act (42 U.S.C. 9831 et seq.), and family 
                        literacy programs;
                            (viii) the impact of adolescent literacy 
                        initiatives on student motivation, engagement, 
                        and participation in adolescent literacy 
                        activities;
                            (ix) the impact of literacy initiatives on 
                        diverse learners, including English language 
                        learners;
                            (x) the relationship between students' 
                        literacy achievement and secondary school 
                        graduation rates; and
                            (xi) effective strategies to integrate 
                        school and public library programs to improve 
                        literacy.
            (3) Reports.--
                    (A) Interim report.--Not later than 2 years after 
                the date of the enactment of this Act, the Secretary 
                shall submit to the Congress an interim report on the 
                national evaluation conducted under this subsection.
                    (B) Final report.--Not later than 5 years after the 
                date of the enactment of this Act, the Secretary shall 
                submit a final report containing the results of the 
                national evaluation conducted under this subsection 
                to--
                            (i) State educational agencies and eligible 
                        entities on a periodic basis for use in program 
                        improvement; and
                            (ii) the Congress.
    (b) Information Dissemination and Technical Assistance.--
            (1) In general.--From amounts reserved under paragraph 
        (1)(A)(i) or (2)(A)(i) of section 4(b), the Secretary shall, in 
        collaboration with the Secretary of Health and Human Services, 
        the Director of the National Institute of Child Health and 
        Human Development, regional educational laboratories 
        established under section 174 of the Education Sciences Reform 
        Act of 2002 (20 U.S.C. 9564), and the comprehensive centers 
        established under section 203 of the Educational Technical 
        Assistance Act of 2002 (20 U.S.C. 9602), distribute information 
        and provide technical assistance on literacy instruction, 
        including--
                    (A) information on literacy instruction and the 
                impact of the instruction on--
                            (i) student achievement, motivation, and 
                        engagement for literacy; and
                            (ii) student graduation with a secondary 
                        school diploma;
                    (B) information on elements of job-embedded, 
                ongoing, high-quality professional development that 
                improves literacy achievement in children and students 
                in early education through grade 12; and
                    (C) information on schools, eligible entities, and 
                States that have successfully improved literacy 
                achievement in early education through grade 12.
            (2) Dissemination and coordination.--The Secretary shall 
        disseminate and make publicly available the information 
        described in paragraph (1) to--
                    (A) recipients of Federal financial assistance 
                under this Act, part A of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311 et 
                seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.), and the Adult Education and Family 
                Literacy Act (20 U.S.C. 9201 et seq.); and
                    (B) each school operated or funded by the Bureau of 
                Indian Education.
            (3) Use of networks.--In carrying out this subsection, the 
        Secretary shall, to the extent practicable, use information and 
        dissemination networks developed and maintained through other 
        public and private entities.

SEC. 11. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING REQUIREMENTS, 
              AND CONFLICTS OF INTEREST.

    (a) Consequences of Insufficient Progress.--
            (1) Consequences for grant recipients.--If the Secretary 
        determines that a State educational agency receiving an award 
        under section 4(b) or an eligible entity receiving a subgrant 
        under section 7 or 8 is not making significant progress in 
        meeting the purposes of this Act after the submission of a 
        report described in subsection (b), then the Secretary may 
        withhold, in whole or in part, further payments under this Act 
        in accordance with section 455 of the General Education 
        Provisions Act (20 U.S.C. 1234d) or take such other action 
        authorized by law as the Secretary determines necessary, 
        including providing technical assistance upon request of the 
        State educational agency, or eligible entity, respectively.
            (2) Consequences for subgrant recipients.--A State 
        educational agency or State agency that oversees child care 
        programs, as appropriate, receiving an award under section 4(b) 
        may refuse to award subgrant funds to an eligible entity under 
        section 7 or 8 if such State agency finds that the eligible 
        entity is not making significant progress in meeting the 
        purposes of this Act, after--
                    (A) providing technical assistance to the eligible 
                entity; and
                    (B) affording the eligible entity notice and an 
                opportunity for a hearing.
    (b) Reporting Requirements.--
            (1) State educational agency reports.--Each State 
        educational agency receiving an award under section 6 shall 
        report annually to the Secretary regarding the State 
        educational agency's progress and the progress of the State 
        agency that oversees child care programs in addressing the 
        purposes of this Act. Such report shall include, at a minimum, 
        a description of--
                    (A) the professional development activities 
                provided under the award, including types of activities 
                and entities involved in providing professional 
                development to early childhood providers, classroom 
                teachers, and other instructional staff;
                    (B) instruction, strategies, activities, curricula, 
                materials, and assessments used in the programs funded 
                under the award;
                    (C) the types of programs and program settings for 
                children younger than kindergarten entry funded under 
                the award and the ages, grade levels, and demographic 
                information of children served by the programs funded 
                under the award, except that individually identifiable 
                information shall not be included;
                    (D) the experience and qualifications of the 
                instructional staff who provide literacy instruction 
                under the programs funded under the award, including 
                the experience and qualifications of those staff 
                working with children with disabilities, English 
                language learners, and children younger than 
                kindergarten entry;
                    (E) key data metrics used for literacy initiatives;
                    (F) student performance on relevant program 
                metrics, as identified in the State education agency's 
                implementation plan under section 6(b)(2)(C), such as--
                            (i) the number of students reading and 
                        writing on grade level by the end of the third 
                        grade, disaggregated by the subgroups described 
                        in section 1111(b)(2)(C)(v)(II) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311(b)(2)(C)(v)(II)); and
                            (ii) the instruction and activities 
                        delivered to at-risk students served under the 
                        award; and
                    (G) the outcomes of programs and activities 
                provided under the award.
            (2) Eligible entity reports.--Each eligible entity 
        receiving a subgrant under section 7 or 8 shall report annually 
        to the State educational agency or the State agency that 
        oversees child care programs, as appropriate, regarding the 
        eligible entity's progress in addressing the purposes of this 
        Act. Such report shall include, at a minimum, a description 
        of--
                    (A) how the subgrant funds were used;
                    (B) the degree of appropriate developmental 
                progress or literacy achievement growth of students, 
                including children who are English language learners 
                and children with disabilities, assisted under the 
                subgrant;
                    (C) the professional development of activities 
                provided under the award, including types of activities 
                and entities involved in providing professional 
                development to early childhood providers, classroom 
                teachers, and other instructional staff;
                    (D) instruction, strategies, activities, curricula, 
                materials, and assessments used in the programs funded 
                under the award;
                    (E) the types of programs funded under the award 
                and the ages, grade levels, and demographic information 
                of children served by the programs funded under the 
                award, except that individually identifiable 
                information shall not be included;
                    (F) the experience and qualifications of the 
                instructional staff who provide literacy instruction 
                under the programs funded under the award, including 
                the experience and qualifications of those staff 
                working with children with disabilities and with 
                English language learners;
                    (G) key data metrics used for literacy initiatives;
                    (H) student performance on relevant program 
                metrics, as identified in the State education agency's 
                implementation plan under section 6(b)(2)(C), such as--
                            (i) the number of students reading and 
                        writing on grade level by the end of the third 
                        grade, disaggregated by the subgroups described 
                        in section 1111(b)(2)(C)(v)(II) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311(b)(2)(C)(v)(II)); and
                            (ii) the instruction and activities 
                        delivered to at-risk students served under the 
                        award;
                    (I) the outcomes of programs and activities 
                provided under the award; and
                    (J) the results of an external evaluation, if the 
                Secretary determines applicable.
    (c) Conflicts of Interest.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Education shall 
        create and implement procedures--
                    (A) to assess whether a covered individual or 
                entity has a potential conflict of interest; and
                    (B) to require the disclosure and mitigation of any 
                such conflict of interest to ensure the integrity of 
                the related program.
            (2) Evaluation by the comptroller general.--
                    (A) In general.--Not later than 60 days after the 
                creation of the procedures described in paragraph (1), 
                the Comptroller General of the United States shall 
                report to the Committee on Education and Labor of the 
                House of Representatives and the Committee on Health, 
                Education, Labor, and Pensions of the Senate on the 
                adequacy of such procedures to identify, disclose, and 
                manage conflicts of interest.
                    (B) Updates.--Beginning not less than 6 months 
                after the report described in subparagraph (A) is 
                filed, the Comptroller General shall evaluate the 
                Department's implementation of the procedures described 
                in paragraph (1) and report to the Committee on 
                Education and Labor of the House of Representatives and 
                the Committee on Health, Education, Labor, and Pensions 
                of the Senate every 6 months to ensure that the 
                Department has adequately implemented such procedures. 
                The Comptroller General shall include in the reports 
                any recommendations for modifications to such 
                procedures that the Comptroller General determines are 
                appropriate to properly identify, disclose, and manage 
                conflicts of interest.
            (3) Definitions.--For the purposes of this subsection:
                    (A) The term ``covered individual or entity'' 
                means--
                            (i) an officer or professional employee of 
                        the Department of Education;
                            (ii) a contractor or subcontractor of the 
                        Department, or an individual hired by the 
                        contracted entity;
                            (iii) a member of a peer review panel 
                        described in section 4(c); or
                            (iv) a consultant or advisor to the 
                        Department.
                    (B) The term ``conflict of interest'' means a 
                financial interest or other self-interest that a 
                reasonable person would expect to lead to an undue 
                bias, or the appearance of such bias, towards a 
                particular product or service purchased with, 
                guaranteed or insured by, or under consideration for 
                purchase with, or to be guaranteed or insured by, funds 
                administered by the Department of Education or a 
                contracted entity of the Department.

SEC. 12. RULES OF CONSTRUCTION.

    (a) Student Eligibility.--Nothing in this Act shall be construed to 
prohibit students eligible for assistance under title I or III of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., 
6801 et seq.) or students eligible for assistance under the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) from receiving 
literacy instruction and intervention under this Act.
    (b) Idea Evaluation.--The assessments required under this Act shall 
not be construed to constitute an evaluation required under the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

SEC. 13. DEFINITIONS.

    (a) In General.--Except as otherwise provided in this Act, the 
terms used in this Act have the meanings given such terms in section 
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801).
    (b) Other Terms.--In this Act:
            (1) Child with a disability.--The term ``child with a 
        disability'' has the same meaning given the term in section 
        602(3) of the Individuals with Disabilities Education Act (20 
        U.S.C. 1401(3)).
            (2) Classroom-based instructional assessment.--The term 
        ``classroom-based instructional assessment'' means an 
        assessment for children in third grade or younger that--
                    (A) is valid and reliable for the age and 
                population of children served in the program, and is 
                used to evaluate children's developmental progress and 
                learning, including systematic observations by teachers 
                of children performing tasks, including academic and 
                literary tasks, that are part of their daily classroom 
                experience; and
                    (B) is used to improve classroom instruction.
            (3) Diagnostic assessment.--The term ``diagnostic 
        assessment'' means an assessment that--
                    (A) is developmentally, linguistically, and 
                culturally appropriate;
                    (B) is valid, reliable, and based on scientifically 
                valid research on language, literacy, and English 
                language acquisition;
                    (C) is used for the purposes of--
                            (i) identifying a student's specific areas 
                        of strengths and weaknesses in oral language 
                        and literacy;
                            (ii) determining any difficulties that the 
                        student may have in language and literacy and 
                        the potential cause of such difficulties; and
                            (iii) helping to determine possible 
                        literacy intervention strategies and related 
                        special needs of the student; and
                    (D) in the case of young children, is conducted 
                after a screening assessment that identifies potential 
                risks for delayed development or later academic 
                difficulties.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) when used with respect to children from birth 
                through kindergarten entry--
                            (i) one or more local educational agencies 
                        providing early learning programs, or one or 
                        more public or private early learning programs, 
                        serving children from birth through 
                        kindergarten entry, such as a Head Start 
                        agency, an Early Head Start program, a child 
                        care program, a State-funded pre-kindergarten 
                        program, a public library program, or a family 
                        literacy program that has a demonstrated record 
                        of providing effective literacy instruction for 
                        the age group such agency or program is 
                        proposing to serve under section 7; or
                            (ii) one or more local educational agencies 
                        providing early learning programs, or one or 
                        more public or private early learning programs, 
                        serving children from birth through 
                        kindergarten entry, such as a Head Start 
                        agency, an Early Head Start program, a child 
                        care program, a State-funded pre-kindergarten 
                        program, a public library program, or a family 
                        literacy program in partnership with one or 
                        more public or private nonprofit organizations 
                        or agencies that have a demonstrated record of 
                        effectiveness--
                                    (I) in improving the early literacy 
                                development of children from birth 
                                through kindergarten entry; and
                                    (II) in providing professional 
                                development aligned with the activities 
                                described in section 7(e)(1); and
                    (B) when used with respect to students in 
                kindergarten through grade 12, a local educational 
                agency or consortium of local educational agencies 
                that--
                            (i) is among the local educational agencies 
                        in the State with the highest numbers or 
                        percentages of students reading and writing 
                        below grade level, based on the most current 
                        State data, where available; and
                            (ii) has the highest numbers or percentages 
                        of children who are counted under section 
                        1124(c) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6333(c)), in 
                        comparison to other local educational agencies 
                        in the State.
            (5) English language acquisition.--
                    (A) In general.--The term ``English language 
                acquisition'' means the process by which a non-native 
                English speaker acquires proficiency in speaking, 
                listening, reading, and writing the English language.
                    (B) Inclusion for english language learners in 
                school.--For an English language learner in school, 
                such term includes not only the social language 
                proficiency needed to participate in the school 
                environment, but also the academic language proficiency 
                needed to acquire literacy and academic content and 
                demonstrate the student's learning.
            (6) English language learner.--The term ``English language 
        learner'' means an individual who is limited English 
        proficient, as defined in section 9101(25) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801(25)).
            (7) Essential components of early literacy instruction.--
        The term ``essential components of early literacy instruction'' 
        means providing, for children prior to the age of kindergarten 
        entry, interactive experiences in a print- and literacy-rich 
        environment that promote the development of--
                    (A) oral language, including vocabulary, grammar, 
                and syntax;
                    (B) motivational aspects of early literacy, 
                including enjoyment of reading and books;
                    (C) book-reading behaviors, including book handling 
                and orientation;
                    (D) recognition and understanding of pictures and 
                story concepts;
                    (E) concepts about print;
                    (F) alphabet knowledge;
                    (G) phonological awareness, including the awareness 
                of rhymes, sounds, and syllables;
                    (H) emergent writing skills, including use of 
                writing materials; and
                    (I) integration of print concepts into play.
            (8) Essential components of reading and writing 
        instruction.--The term ``essential components of reading and 
        writing instruction'' means, for students in kindergarten 
        through grade 12, developmentally appropriate, explicit, and 
        systematic instruction that provides students the following:
                    (A) With respect to students in kindergarten 
                through grade 12--
                            (i) high-quality professional development 
                        for teachers, instructional staff, and 
                        principals;
                            (ii) diverse texts at the appropriate 
                        reading and interest level of students;
                            (iii) differentiated instructional 
                        approaches;
                            (iv) instruction and supports to increase 
                        students' motivation to read, including self-
                        directed learning;
                            (v) as appropriate, systematic and 
                        intensive one-to-one and small group 
                        instruction, including extended time for 
                        intense intervention for students reading 
                        significantly below grade level, which can be 
                        provided both inside and outside the classroom 
                        as well as during and outside regular school 
                        hours;
                            (vi) opportunities to write individually 
                        and collaboratively;
                            (vii) instruction in uses of print 
                        materials, multimedia, and technological 
                        resources for research and for generating and 
                        presenting content and ideas; and
                            (viii) use of screening, diagnostic, 
                        formative, and summative assessments.
                    (B) With respect to students in grades kindergarten 
                through grade 3--
                            (i) strategic and explicit instruction 
                        using phonological awareness, phonic decoding, 
                        vocabulary, language structure, reading fluency 
                        and reading comprehension;
                            (ii) use of oral modeling techniques to 
                        build language skills; and
                            (iii) coordinated involvement of families, 
                        caregivers, school leaders, and instructional 
                        staff.
                    (C) With respect to students in grades 4 through 
                12--
                            (i) direct and explicit comprehension 
                        instruction;
                            (ii) direct and explicit instruction that 
                        builds academic vocabulary;
                            (iii) multiple opportunities to write with 
                        clear purposes and critical reasoning 
                        appropriate to the topic and purpose and with 
                        specific instruction and feedback from 
                        teachers;
                            (iv) text-based collaborative learning; and
                            (v) coordinated involvement of school 
                        leaders and instructional staff that are 
                        interdisciplinary and interdepartmental and 
                        that analyze student work over time and plan 
                        literacy instruction.
            (9) Family literacy services.--The term ``family literacy 
        services'' means services provided to participants on a 
        voluntary basis that are of sufficient intensity in terms of 
        hours, and of sufficient duration, to make sustainable changes 
        in a family, and that integrate all of the following 
        activities:
                    (A) Interactive literacy activities between parents 
                and their children.
                    (B) Training for parents regarding how to be the 
                primary teacher for their children and full partners in 
                the education of their children.
                    (C) Parent literacy training that leads to economic 
                self-sufficiency.
                    (D) An age-appropriate education to prepare 
                children for success in school and life experiences.
            (10) Formative assessment.--The term ``formative 
        assessment'' means assessment questions, tools, and processes 
        that are--
                    (A) developmentally, linguistically, and culturally 
                appropriate;
                    (B) embedded in instruction; and
                    (C) used by teachers and students to provide timely 
                feedback for purposes of adjusting instruction to 
                improve learning.
            (11) High-quality professional development.--The term 
        ``high-quality professional development'' means professional 
        development that--
                    (A) is job-embedded, ongoing, and based on 
                scientifically valid research;
                    (B) is sustained, intensive, and classroom focused, 
                if such workshop or conference is part of a 
                professional development plan for the attendee;
                    (C) is designed to increase the knowledge and 
                expertise of instructional staff in implementing the 
                essential components of early literacy instruction and 
                the essential components of reading and writing 
                instruction, as appropriate;
                    (D) includes and supports teachers and early 
                learning providers in administering age- and 
                developmentally appropriate assessments; and analyzing 
                the results of these student assessments when 
                implementing the essential components of early literacy 
                instruction and the essential components of reading and 
                writing instruction for the purposes of planning, 
                monitoring, adapting, and improving classroom 
                instruction or teaching strategies to improve student 
                learning, as appropriate;
                    (E) for kindergarten through 12th grade, supports 
                the integration of literacy instruction in core 
                academic subjects and, to the extent practicable, other 
                subjects taught at school, such as career and technical 
                education;
                    (F) includes information on one-to-one, small 
                group, and classroom-based instructional materials and 
                approaches based on scientifically valid research on 
                literacy;
                    (G) provides ongoing instructional literacy 
                coaching--
                            (i) to ensure high-quality implementation 
                        of effective practices of literacy instruction 
                        that is content centered, integrated across the 
                        curricula, collaborative, and school, setting, 
                        and classroom embedded; and
                            (ii) that uses student data to improve 
                        instruction;
                    (H) includes and supports teachers in setting high 
                reading and writing achievement goals for all students 
                and provides the teachers with the instructional tools 
                and skills, including strategies consistent with the 
                principles of universal design for learning, to help 
                students reach such goals; and
                    (I) is differentiated for educators working with 
                children from birth through kindergarten entry, 
                students in kindergarten through grade 5, and students 
                in grades 6 through 12, and, as appropriate, by student 
                grade or student need.
            (12) Instructional staff.--
                    (A) In general.--The term ``instructional staff'' 
                means individuals who have responsibility for teaching 
                students to read and write, or in the case of children 
                from birth to kindergarten entry, teaching early 
                literacy skills and language development.
                    (B) Inclusions.--Such term includes principals, 
                teachers, early learning providers, supervisors of 
                instruction, pupil services personnel, librarians, 
                library school media specialists, teachers of academic 
                subjects other than reading or writing, other school 
                leaders, literacy coaches, and other individuals who 
                have responsibility for assisting children to learn to 
                read and write.
            (13) Literacy coach.--The term ``literacy coach'' means a 
        professional--
                    (A) who--
                            (i) has previous teaching experience and--
                                    (I) for the purpose of literacy 
                                coaches working with early learning 
                                programs, has expertise in early 
                                childhood development and early 
                                literacy; and
                                    (II) for the purpose of literacy 
                                coaches working with kindergarten 
                                through grade 12--
                                            (aa) a master's degree with 
                                        a concentration in reading and 
                                        writing education; or
                                            (bb) has demonstrated 
                                        proficiency in teaching reading 
                                        or writing in a core academic 
                                        subject; and
                            (ii) is able to demonstrate the ability to 
                        help early learning providers or teachers--
                                    (I) use evidence-based research on 
                                how children and students become 
                                successful readers, writers, and 
                                communicators;
                                    (II) use multiple forms of 
                                assessment to guide instructional 
                                decisionmaking;
                                    (III) for the purpose of literacy 
                                coaches working with--
                                            (aa) early learning 
                                        programs, support and 
                                        coordinate the language and 
                                        literacy curricula and 
                                        activities with the overall 
                                        early childhood education 
                                        program; and
                                            (bb) teachers in 
                                        kindergarten through grade 12, 
                                        improve student writing and 
                                        reading in and across content 
                                        areas such as mathematics, 
                                        science, social studies, and 
                                        language arts;
                                    (IV) develop and implement 
                                differentiated instruction and teaching 
                                approaches to serve the needs of 
                                diverse learners, including English 
                                language learners and children with 
                                disabilities;
                                    (V) use the principles of universal 
                                design for learning in instructional 
                                strategies and in selecting materials 
                                and tools to serve the diverse needs of 
                                all learners, including English 
                                language learners and children with 
                                disabilities;
                                    (VI) employ best practices in 
                                engaging instructional staff to change 
                                school cultures to better encourage and 
                                support literacy development and 
                                achievement;
                                    (VII) use data to improve 
                                instruction; and
                                    (VIII) for the purpose of literacy 
                                coaches working with--
                                            (aa) early learning 
                                        programs, set developmentally 
                                        appropriate early literacy 
                                        goals and select and acquire 
                                        instructional tools and skills 
                                        to help children reach such 
                                        goals; and
                                            (bb) kindergarten through 
                                        grade 12, set high reading and 
                                        writing achievement goals for 
                                        all students and select and 
                                        acquire instructional tools and 
                                        skills to help students reach 
                                        such goals; and
                    (B) whose role with early learning providers, 
                teachers and school personnel is--
                            (i) to provide high-quality professional 
                        development opportunities in literacy and 
                        language development for early learning 
                        providers, teachers and school personnel, 
                        including in the case of early learning 
                        providers, helping staff in planning and 
                        implementation of ongoing professional 
                        development;
                            (ii) to work cooperatively and 
                        collaboratively with principals, teachers, 
                        early learning providers and other 
                        professionals in planning programs to help, as 
                        appropriate--
                                    (I) early learning providers 
                                identify children's early literacy 
                                needs so that such providers can meet 
                                the early literacy needs of children at 
                                risk for delayed development and later 
                                academic difficulties; and
                                    (II) teachers identify student 
                                literacy needs and teach literacy 
                                across the content areas so that the 
                                teachers can meet the needs of students 
                                reading and writing below grade level; 
                                and
                            (iii) to work cooperatively and 
                        collaboratively with other professionals in 
                        planning programs to help early learning 
                        providers and teachers teach literacy across 
                        content areas so that the early learning 
                        providers and teachers can meet the needs of 
                        diverse learners, including children with 
                        disabilities, English language learners, and 
                        students who are reading at grade level.
            (14) Local educational agency.--The term ``local 
        educational agency''--
                    (A) has the meaning given to that term in section 
                9101 of the Elementary and Secondary Education Act of 
                1965; and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (15) Multitier system of supports.--The term ``multitier 
        system of supports'' means a comprehensive system of 
        differentiated supports that includes evidence-based 
        instruction, universal screening, progress monitoring, 
        formative assessment, and evidence-based interventions matched 
        to student needs, and educational decisionmaking using student 
        outcome data.
            (16) Reading.--The term ``reading'' means a complex system 
        of deriving meaning from print that requires all of the 
        following:
                    (A) The skills and knowledge to understand how 
                phonemes, or speech sounds, are connected to print.
                    (B) The ability to decode unfamiliar words.
                    (C) The ability to read fluently.
                    (D) Sufficient background information and 
                vocabulary to foster reading comprehension.
                    (E) The development of appropriate active 
                strategies to construct meaning from print.
                    (F) The development and maintenance of a motivation 
                to read.
            (17) School leader.--The term ``school leader'' means an 
        individual who--
                    (A) is an employee or officer of a school; and
                    (B) is responsible for--
                            (i) the school's performance; and
                            (ii) the daily instructional and managerial 
                        operations of the school.
            (18) Scientifically valid research.--The term 
        ``scientifically valid research'' has the meaning given the 
        term in section 200 of the Higher Education Act of 1965 (20 
        U.S.C. 1021).
            (19) Screening assessment.--The term ``screening 
        assessment'' means an assessment that--
                    (A) is developmentally, linguistically, and 
                culturally appropriate;
                    (B) is valid, reliable, and based on scientifically 
                valid research on literacy and English language 
                acquisition; and
                    (C) is a procedure designed as a first step in 
                identifying children who may be at high risk for 
                delayed development or later academic difficulties and 
                in need of further diagnosis of the children's need for 
                special services or additional literacy instruction.
            (20) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
            (21) State literacy leadership team.--
                    (A) In general.--
                            (i) Appointment; responsibility; 
                        composition.--The term ``State literacy 
                        leadership team'' means a team that--
                                    (I) is appointed and coordinated by 
                                the State educational agency, except 
                                that individuals described in 
                                subclauses (I)(aa), (I)(hh), and 
                                (II)(gg) of clause (ii) shall be 
                                appointed by the State agency that 
                                oversees child care programs; and
                                    (II) is composed of not less than 
                                13 individuals and includes the 
                                individuals described in clause (ii).
                            (ii) Individuals included.--A State 
                        literacy team--
                                    (I) shall include--
                                            (aa) an individual who has 
                                        literacy expertise with respect 
                                        to children from birth through 
                                        kindergarten entry;
                                            (bb) an individual who has 
                                        literacy expertise with respect 
                                        to students in kindergarten 
                                        through grade 5;
                                            (cc) an individual who has 
                                        literacy expertise with respect 
                                        to students in grades 6 through 
                                        12;
                                            (dd) a school principal;
                                            (ee) a special education 
                                        teacher with literacy 
                                        expertise;
                                            (ff) a representative from 
                                        the family literacy community;
                                            (gg) a teacher or 
                                        administrator with expertise in 
                                        teaching English language 
                                        learners;
                                            (hh) a representative from 
                                        the State's agency that 
                                        oversees child care programs;
                                            (ii) a representative from 
                                        the State educational agency 
                                        who oversees literacy 
                                        initiatives; and
                                            (jj) a representative from 
                                        higher education who is 
                                        actively involved in research, 
                                        development, and teacher 
                                        preparation in literacy 
                                        instruction and intervention 
                                        based on scientifically valid 
                                        research; and
                                    (II) may include--
                                            (aa) a literacy specialist 
                                        serving in a school district 
                                        within the State;
                                            (bb) a literacy coach;
                                            (cc) a library media 
                                        specialist;
                                            (dd) a school counselor;
                                            (ee) a teacher of a core 
                                        academic subject;
                                            (ff) a special education 
                                        administrator;
                                            (gg) an early learning 
                                        provider;
                                            (hh) a college or 
                                        university professor;
                                            (ii) a parent;
                                            (jj) a business leader;
                                            (kk) a representative from 
                                        the Governor's office;
                                            (ll) a representative from 
                                        the State board of education;
                                            (mm) a representative from 
                                        the State legislature;
                                            (nn) a nonprofit and 
                                        community-based organization 
                                        providing literacy instruction 
                                        and support; and
                                            (oo) a representative from 
                                        a school district 
                                        superintendent's office.
                    (B) Inclusion of a preexisting partnership.--If, 
                before the date of the enactment of this Act, a State 
                educational agency established a consortium, 
                partnership, or any other similar body that was 
                considered a literacy partnership for purposes of 
                subpart 1 or 2 of part B of title I of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 6361 et 
                seq., 6371 et seq.) and that includes the individuals 
                required under subparagraph (A)(ii)(I), such 
                consortium, partnership, or body may be considered a 
                State literacy leadership team for purposes of 
                subparagraph (A).
            (22) Student with a disability.--The term ``student with a 
        disability'' has the meaning given the term ``child with a 
        disability'' in section 602(3) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401(3)).
            (23) Summative assessment.--The term ``summative 
        assessment'' means an assessment that--
                    (A) is developmentally, linguistically, and 
                culturally appropriate;
                    (B) is valid, reliable, and based on scientifically 
                valid research on literacy and English language 
                acquisition; and
                    (C) measures how young children have progressed 
                over time relative to developmental norms and what 
                students have learned over time.
            (24) Universal design for learning.--The term ``universal 
        design for learning'' has the meaning given the term in section 
        103 of the Higher Education Act of 1965 (20 U.S.C. 1001 et 
        seq.).
            (25) Writing.--The term ``writing'' means--
                    (A) the ability to compose meaning and print to 
                communicate ideas, including the use of vocabulary, 
                tone, and genre to fit purpose, audience and occasion;
                    (B) the use of conventions such as spelling and 
                punctuation; and
                    (C) the ability to revise in order to improve 
                clarity of ideas, coherence, logical development, and 
                precision of language use.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $2,350,000,000 for fiscal year 2014;
            (2) $2,350,000,000 for fiscal year 2015;
            (3) $2,350,000,000 for fiscal year 2016;
            (4) $2,350,000,000 for fiscal year 2017; and
            (5) $2,350,000,000 for fiscal year 2018.
                                 <all>
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