```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2740 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2740

             To establish a comprehensive literacy program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2009

 Mrs. Murray (for herself, Mr. Franken, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
             To establish a comprehensive literacy program.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Literacy Education 
for All, Results for the Nation Act'' (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. Definitions.
Sec. 5. Program authorized.
Sec. 6. State planning grants.
Sec. 7. State implementation grants.
Sec. 8. State activities.
Sec. 9. Subgrants to eligible entities in support of birth through 
                            kindergarten entry literacy.
Sec. 10. Subgrants to local educational agencies in support of 
                            kindergarten through grade 12 literacy.
Sec. 11. National evaluation, information dissemination, and technical 
                            assistance.
Sec. 12. Consequences of insufficient progress, reporting requirements, 
                            and conflicts of interest.
Sec. 13. Rules of construction.
Sec. 14. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds that in order for a comprehensive, effective 
literacy program to address the needs of readers and writers it is 
critical to address the following:
            (1) Literacy development is an ongoing process that 
        requires a sustained investment beginning in early childhood 
        and continuing through elementary school and secondary school.
            (2) Developing literacy skills begins at birth as infants 
        and toddlers associate sounds, gestures, and marks on paper 
        with consequences and meaning. Many low-income children from 
        birth through kindergarten entry lack oral and print language-
        rich environments in their homes, and early learning programs 
        are often not sufficiently responsive to the range of skills 
        such children may develop in their home environments.
            (3) Early childhood educators whose professional 
        preparation and ongoing development includes study of language 
        learning and early childhood development promote early language 
        and literacy as part of the overall curriculum for children's 
        readiness for school, particularly for young English language 
        learners and children with disabilities or developmental 
        delays.
            (4) Research shows that writing leads to improved reading 
        achievement, reading leads to better writing performance, and 
        combined instruction leads to improvements in both areas. 
        Children in kindergarten through grade 12 need to be engaged in 
        combined reading and writing experiences that lead to a higher 
        level of thinking than when either process is taught alone.
            (5) Environments rich in literacy experiences, books, 
        resources, and models facilitate reading and writing 
        development. Schools, principals, librarians, and teachers must 
        have the skills and tools to create environments appropriate to 
        meet the diverse literacy needs of children from birth through 
        grade 12, especially for children whose home environments lack 
        support for literacy development.
            (6) Middle school and secondary school teachers need 
        professional development to improve the reading and writing 
        abilities of students who are reading and writing several years 
        below grade level. Middle school and secondary school teachers 
        in core academic subjects must have the tools and skills to 
        teach reading and writing for subject area understanding and to 
        differentiate and provide instruction for students with varying 
        literacy skills.
            (7) The intellectual and linguistic skills necessary for 
        writing and reading must be developed through explicit, 
        intentional, and systematic language activities, to which many 
        low-income and minority students do not currently have access.
            (8) Between 1971 and 2004, the reading levels of America's 
        17-year-olds showed little to no improvement at all. The 
        ability of secondary school students to read complex texts is 
        strongly predictive of their performance in college mathematics 
        and science courses.
            (9) Fewer than 2 in 10 eighth graders from the secondary 
        school graduating classes of 2005 and 2006 met all four EXPLORE 
        College Readiness Benchmarks (English, Mathematics, Reading, 
        and Science), the minimum level of achievement that ACT has 
        shown is necessary if students are to be college- and career-
        ready upon their secondary school graduation.
            (10) Seventy percent of 8th graders read below the 
        proficient level on the 2007 National Assessment of Educational 
        Progress, indicating that students in middle schools and 
        secondary schools struggle to graduate because the students' 
        literacy achievement is alarmingly low. Only \1/3\ of secondary 
        school students who enter 9th grade each year can expect to 
        graduate in 4 years with the skills the student needs to 
        succeed in college and the workplace.
            (11) Secondary school graduation rates for low-income 
        students and students of color hover around 50 percent, as do 
        graduation rates for students in urban school districts and 
        students with disabilities. Graduation rates for English 
        language learners are particularly low.
            (12) Only 71 percent of secondary school students graduate 
        on time with a diploma, meaning that every year 1,230,000 
        students fail to graduate from secondary school. These 
        1,230,000 nongraduates cost the Nation more than 
        $319,000,000,000 in lost wages, taxes, and productivity over 
        the lifetimes of the nongraduates.
            (13) About 40 percent of secondary school graduates lack 
        the literacy skills employers seek. The 25 fastest growing 
        professions have far greater than average literacy demands, 
        while the fastest declining professions have lower than average 
        literacy demands.
            (14) Research shows that low expectations for the reading 
        and writing achievement of students in schools results in 
        curriculum that does not challenge or adequately support the 
        student's literacy learning and in subsequent low achievement, 
        while high academic expectations can help boost student 
        learning and achievement.
            (15) Children learn best in settings where teachers 
        understand the developmental continuum of reading and writing 
        and are skilled in a variety of strategies that help the 
        children achieve.
            (16) Meaningful engagement of families in their children's 
        early learning supports school readiness and later academic 
        success.
            (17) Parental literacy habits are positively associated 
        with parental reading beliefs, parent-child literacy and 
        language activities in the home, children's print knowledge, 
        and interest in reading.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to improve reading, writing, and academic achievement 
        for children and students by providing Federal support to State 
        educational agencies to develop, coordinate, and implement 
        comprehensive literacy plans that ensure high quality 
        instruction in reading and writing from early education through 
        grade 12; and
            (2) to assist State educational agencies in achieving the 
        purposes described in paragraph (1) by--
                    (A) supporting the development and implementation 
                of comprehensive early learning through grade 12 
                literacy programs in every State that are based on 
                scientifically valid research, to ensure that every 
                child can read and write at grade level or above;
                    (B) providing children from birth through 
                kindergarten entry with learning opportunities in high 
                quality, language rich, and literature rich 
                environments, such as child care, Early Head Start, 
                Head Start, and other early childhood education 
                settings, so that the children develop the fundamental 
                knowledge and skills necessary for literacy engagement, 
                development, and achievement in kindergarten and 
                beyond;
                    (C) supporting efforts to link and align standards 
                and research-based instruction in early learning 
                programs serving children from birth through 
                kindergarten entry;
                    (D) supporting effective educational environments 
                for children from birth through grade 12 to develop 
                oral language, reading, and writing abilities through 
                high quality research-based instruction and practices;
                    (E) improving student achievement by establishing 
                adolescent literacy initiatives that provide explicit 
                and systematic instruction in oral language, reading, 
                and writing development across the curriculum;
                    (F) identifying and supporting students reading and 
                writing significantly below grade level by providing 
                research-based, intensive interventions, including 
                those conducted during extended learning time, to help 
                the students acquire the language and literacy skills 
                the students need to stay on track for graduation;
                    (G) providing assistance to local educational 
                agencies in order to provide educators with on-going, 
                job embedded professional development and other support 
                focusing on imparting and employing the characteristics 
                of effective literacy instruction, the special 
                knowledge and skills necessary to teach literacy 
                effectively, the essential components of reading 
                instruction, and the essential components of writing 
                instruction;
                    (H) supporting State educational agencies and local 
                educational agencies in improving reading, writing, and 
                literacy-based academic achievement for children and 
                students, especially children and students who are low-
                income, are English language learners, are migratory, 
                are children with disabilities, are Indian or Alaskan 
                Native, are neglected or delinquent, are homeless, are 
                in the custody of the child welfare system, or have 
                dropped out of school;
                    (I) supporting State educational agencies and local 
                educational agencies in using age appropriate and 
                developmentally appropriate instructional materials and 
                strategies that assist teachers as the teachers work 
                with students to develop reading and writing 
                competencies appropriate to the students' grade and 
                skill levels;
                    (J) strengthening coordination among schools, early 
                literacy programs, family literacy programs, juvenile 
                justice programs, public libraries, and outside-of-
                school programs that provide children and youth with 
                strategies, curricula, interventions, and assessments 
                designed to advance early and continuing language and 
                literacy development in ways appropriate for each 
                context; and
                    (K) supporting professional development for 
                educators based on scientific approaches to adult 
                learning.

SEC. 4. DEFINITIONS.

    (a) In General.--Unless otherwise specified, the terms used in this 
Act have the meanings given the terms in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801).
    (b) Other Terms.--In this Act:
            (1) Characteristics of effective literacy instruction.--The 
        term ``characteristics of effective literacy instruction'' 
        means--
                    (A) for children from birth through kindergarten 
                entry--
                            (i) providing high quality professional 
                        development opportunities for early learning 
                        providers, teachers, and school leaders in--
                                    (I) literacy development;
                                    (II) language development;
                                    (III) English language acquisition 
                                (as appropriate); and
                                    (IV) effective literacy instruction 
                                aligned to State standards;
                            (ii) reading aloud to children, discussing 
                        reading with children, and modeling age and 
                        developmentally appropriate reading strategies;
                            (iii) encouraging children's early attempts 
                        at reading, writing, and drawing, and talking 
                        about the meaning of the reading, writing, and 
                        drawing with others;
                            (iv) creating conversation rich classrooms 
                        and using oral modeling techniques to build 
                        oral language skills;
                            (v) multiplying opportunities for children 
                        to use language with peers and adults;
                            (vi) providing strategic and explicit 
                        instruction in the identification of speech 
                        sounds, letters, and letter-sound 
                        correspondence;
                            (vii) integrating oral and written 
                        language;
                            (viii) stimulating vocabulary development;
                            (ix) using differentiated instructional 
                        approaches, including--
                                    (I) individual and small group 
                                instruction; and
                                    (II) professional development, 
                                curriculum development, and classroom 
                                instruction;
                            (x) applying the principles of universal 
                        design for learning;
                            (xi) using age appropriate screening 
                        assessments, diagnostic assessments, formative 
                        assessments, and summative assessments to 
                        identify individual child learning needs, to 
                        inform instruction, and to monitor student 
                        progress and the effects of instruction over 
                        time;
                            (xii) coordinating the involvement of 
                        families, early childhood education program 
                        staff, principals, other school leaders, and 
                        teachers in the reading and writing achievement 
                        of children served under this Act;
                            (xiii) using a variety of age and 
                        developmentally appropriate, high quality 
                        materials for reading and writing;
                            (xiv) encouraging family literacy 
                        experiences and practices, and educating 
                        parents, teachers, and other caregivers about 
                        literacy development and child literacy 
                        development; and
                            (xv) using strategies to enhance 
                        children's--
                                    (I) motivation to read and write; 
                                and
                                    (II) engagement in self-directed 
                                learning;
                    (B) for students in kindergarten through grade 3--
                            (i) providing high quality professional 
                        development opportunities for teachers, 
                        literacy coaches, literacy specialists, English 
                        as a second language specialists (as 
                        appropriate), and principals, including 
                        professional development on literacy 
                        development, language development, English 
                        language acquisition, and effective literacy 
                        instruction embedded in schools and aligned to 
                        State standards;
                            (ii) providing age appropriate direct and 
                        explicit instruction;
                            (iii) providing strategic, systematic, and 
                        explicit instruction in phonological awareness, 
                        phonic decoding, vocabulary, reading fluency, 
                        and reading comprehension;
                            (iv) making available and using diverse 
                        texts at the reading, development, and interest 
                        level of students;
                            (v) providing multiple opportunities for 
                        students to write individually and 
                        collaboratively with instruction and feedback;
                            (vi) using differentiated instructional 
                        approaches, including individual, small group, 
                        and classroom-based instruction and discussion;
                            (vii) using oral modeling techniques and 
                        opportunities for students to use language with 
                        the students' peers and adults to build student 
                        language skills;
                            (viii) providing time and opportunities for 
                        systematic and intensive instruction, 
                        intervention, and practice to supplement 
                        regular instruction, which can be provided 
                        inside and outside the classroom as well as 
                        during and outside regular school hours;
                            (ix) providing instruction in uses of print 
                        materials and technological resources for 
                        research and for generating and presenting 
                        content and ideas;
                            (x) using screening assessments, diagnostic 
                        assessments, formative assessments, and 
                        summative assessments to identify student 
                        learning needs, to inform instruction, and to 
                        monitor student progress and the effects of 
                        instruction over time;
                            (xi) coordinating the involvement of 
                        families, caregivers, teachers, principals, 
                        other school leaders, and teacher literacy 
                        teams in the reading and writing achievement of 
                        children served under this Act;
                            (xii) encouraging family literacy 
                        experiences and practices; and
                            (xiii) using strategies to enhance 
                        students'--
                                    (I) motivation to read and write; 
                                and
                                    (II) engagement in self-directed 
                                learning; and
                    (C) for students in grades 4 through 12--
                            (i) providing high quality professional 
                        development opportunities for teachers, 
                        literacy coaches, literacy specialists, English 
                        as a second language specialists (as 
                        appropriate), and principals, including 
                        professional development on literacy 
                        development, language development, and 
                        effective literacy instruction embedded in 
                        schools and aligned to State standards;
                            (ii) providing direct and explicit 
                        comprehension instruction;
                            (iii) providing direct and explicit 
                        instruction that builds academic vocabulary and 
                        strategies and knowledge of text structure for 
                        reading different kinds of texts within and 
                        across core academic subjects;
                            (iv) making available and using diverse 
                        texts at the reading, development, and interest 
                        level of the students;
                            (v) providing multiple opportunities for 
                        students to write with clear purposes and 
                        critical reasoning appropriate to the topic and 
                        purpose and with specific instruction and 
                        feedback from teachers and peers;
                            (vi) using differentiated instructional 
                        approaches;
                            (vii) using strategies to enhance 
                        students'--
                                    (I) motivation to read and write; 
                                and
                                    (II) engagement in self-directed 
                                learning;
                            (viii) providing for text-based learning 
                        across content areas;
                            (ix) providing systematic, strategic, and 
                        individual and small group instruction, 
                        including intensive supplemental intervention 
                        for students reading significantly below grade 
                        level, which may be provided inside and outside 
                        the classroom as well as during and outside 
                        regular school hours;
                            (x) providing instruction in the uses of 
                        technology and multimedia resources for 
                        classroom research and for generating and 
                        presenting content and ideas;
                            (xi) using screening assessment, diagnostic 
                        assessment, formative assessment, and summative 
                        assessment to identify learning needs, inform 
                        instruction, and monitor student progress and 
                        the effects of instruction;
                            (xii) coordinating the involvement of 
                        families and caregivers, to the extent feasible 
                        and appropriate as determined by the Secretary, 
                        to improve reading, writing, and academic 
                        achievement; and
                            (xiii) coordinating the involvement of 
                        library media specialists, teachers, 
                        principals, other school leaders, teacher 
                        literacy teams, and English as a second 
                        language specialists (as appropriate), that 
                        analyze student work and plan or deliver 
                        instruction over time.
            (2) Comprehensive literacy instruction.--The term 
        ``comprehensive literacy instruction'' means instruction that--
                    (A) involves the characteristics of effective 
                literacy instruction; and
                    (B) is designed to support the essential components 
                of reading instruction and the essential components of 
                writing instruction.
            (3) Developmental delay.--The term ``developmental delay'' 
        has the meaning given the term in section 632 of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1432).
            (4) Diagnostic assessment.--The term ``diagnostic 
        assessment'' means an assessment that--
                    (A) is valid, reliable, and based on scientifically 
                valid research on literacy and English language 
                acquisition;
                    (B) is used for the purposes of--
                            (i) identifying a student's specific areas 
                        of strengths and weaknesses in literacy;
                            (ii) determining any difficulties that the 
                        student may have in literacy and the potential 
                        cause of such difficulties; and
                            (iii) helping to determine possible 
                        literacy intervention strategies and related 
                        special needs of the student; and
                    (C) in the case of young children, is conducted 
                after a screening assessment that identifies potential 
                risks or a lack of school preparedness, including 
                language and literacy development, or delayed 
                development.
            (5) Eligible entity.--The term ``eligible entity'' means--
                    (A) when used with respect to children from birth 
                through kindergarten entry--
                            (i) 1 or more local educational agencies 
                        providing early learning programs, or 1 or more 
                        public or private early learning programs, 
                        serving children from birth through 
                        kindergarten entry, such as a Head Start 
                        program, a child care program, a State-funded 
                        prekindergarten program, a public library 
                        program, or a family literacy program, that has 
                        a demonstrated record of providing effective 
                        literacy instruction for the age group such 
                        agency or program proposes to serve under 
                        section 9; or
                            (ii) 1 or more local educational agencies 
                        providing early learning programs, or 1 or more 
                        public or private early learning programs, 
                        serving children from birth through 
                        kindergarten entry, such as a Head Start 
                        program, a child care program, a State-funded 
                        prekindergarten program, a public library 
                        program, or a family literacy program, in 
                        partnership with 1 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 9(e)(1); or
                    (B) when used with respect to students in 
                kindergarten through grade 12, a local educational 
                agency, a consortium of local educational agencies, or 
                a local educational agency or consortium of local 
                educational agencies acting in partnership with 1 or 
                more public or private nonprofit organizations or 
                agencies, which organizations or agencies shall have a 
                demonstrated record of effectiveness in improving 
                literacy achievement of students consistent with the 
                purposes of their participation from kindergarten 
                through grade 12 and in providing professional 
                development aligned with the activities described in 
                subparagraphs (C) and (D) of section 10(b)(1), that--
                            (i) is among or consists of the local 
                        educational agencies in the State with the 
                        highest numbers or percentages of students 
                        reading or writing below grade level, based on 
                        the most currently available State assessment 
                        data;
                            (ii) has jurisdiction over a significant 
                        number or percentage of schools that are 
                        identified for school improvement under section 
                        1116(b) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6316(b)); or
                            (iii) has the highest numbers or 
                        percentages of children who are counted under 
                        section 1124(c) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6333(c)), in 
                        comparison to other local educational agencies 
                        in the State.
            (6) English language acquisition.--
                    (A) In general.--The term ``English language 
                acquisition'' means the process by which a non-native 
                English speaker acquires proficiency in speaking, 
                listening, reading, and writing the English language.
                    (B) Inclusions for english language learners in 
                school.--For an English language learner in school, 
                such term includes not only the social language 
                proficiency needed to participate in the school 
                environment, but also the academic language proficiency 
                needed to acquire literacy and academic content and 
                demonstrate the student's learning.
            (7) Essential components of reading instruction.--The term 
        ``essential components of reading instruction'' means 
        developmentally appropriate, contextually explicit, systematic 
        instruction, and frequent practice, in reading across content 
        areas.
            (8) Essential components of writing instruction.--The term 
        ``essential components of writing instruction'' means 
        developmentally appropriate and contextually explicit 
        instruction, and frequent practice, in writing across content 
        areas.
            (9) Family literacy services.--The term ``family literacy 
        services'' means literacy services provided on a voluntary 
        basis that are of sufficient intensity in terms of hours and 
        duration and that integrate all of the following activities:
                    (A) Interactive literacy activities between or 
                among parents and their children, including parent 
                literacy training.
                    (B) Training for parents regarding how to be the 
                primary teacher for their children and full partners in 
                the education of their children.
            (10) Formative assessment.--The term ``formative 
        assessment'' means a process that--
                    (A) is teacher-generated or selected by teachers 
                and students during instructional learning;
                    (B) is embedded within the learning activity and 
                linked directly to the current unit of instruction; and
                    (C) provides feedback to adjust ongoing teaching 
                and learning to improve students' achievement of 
                intended instructional outcomes.
            (11) High quality professional development.--The term 
        ``high quality professional development'' means professional 
        development that--
                    (A) is job-embedded, ongoing, and based on 
                scientifically valid research;
                    (B) is sustained, intensive, and classroom-focused, 
                and is not limited in scope to a 1-day or short-term 
                workshop or conference;
                    (C) is designed to increase the knowledge and 
                expertise of teachers, principals, and other school 
                leaders in applying--
                            (i) the characteristics of effective 
                        literacy instruction;
                            (ii) the essential components of reading 
                        instruction;
                            (iii) the essential components of writing 
                        instruction; and
                            (iv) instructional strategies and practices 
                        that are appropriate to the needs of children 
                        and improve student learning, including 
                        strategies and practices consistent with the 
                        principles of universal design for learning;
                    (D) includes and supports teachers, in effectively 
                administering age and developmentally appropriate 
                assessments, and in analyzing the teachers' student 
                learning data as the teachers implement the 
                characteristics of effective literacy instruction to 
                improve student literacy, for the purposes of planning, 
                monitoring, adapting, and improving classroom 
                instruction;
                    (E) supports the characteristics of effective 
                literacy instruction through core academic subjects, 
                and through career and technical education subjects 
                where such career and technical education subjects 
                provide for the integration of core academic subjects;
                    (F) includes explicit instruction in discipline-
                specific thinking and how to read and interpret 
                discipline-specific text structures and features;
                    (G) includes instructional strategies utilizing 
                one-to-one, small group, and classroom-based 
                instructional materials and approaches based on 
                scientifically valid research on literacy;
                    (H) provides ongoing instructional literacy 
                coaching--
                            (i) to ensure high quality implementation 
                        of effective practices of literacy instruction 
                        that is content centered, collaborative, and 
                        school and classroom embedded; and
                            (ii) that uses student data to improve 
                        instruction;
                    (I) includes and supports teachers in setting high 
                reading and writing achievement goals for all students 
                and provides the teachers with the instructional tools 
                and skills to help students reach such goals; and
                    (J) 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) Literacy coach.--The term ``literacy coach'' means a 
        professional--
                    (A) who--
                            (i) has previous teaching experience and--
                                    (I) a master's degree with a 
                                concentration in reading and writing 
                                education;
                                    (II) has demonstrated proficiency 
                                in teaching reading or writing in a 
                                core academic subject consistent with 
                                the characteristics of effective 
                                literacy instruction; or
                                    (III) in the case of a literacy 
                                coach for children from birth through 
                                kindergarten entry, a concentration, 
                                credential, or significant experience 
                                in child development and early literacy 
                                development; and
                            (ii) is able to demonstrate the ability to 
                        help teachers--
                                    (I) apply research on how students 
                                become successful readers, writers, and 
                                communicators;
                                    (II) apply multiple forms of 
                                assessment to guide instructional 
                                decisionmaking and use data to improve 
                                literacy instruction;
                                    (III) improve student writing and 
                                reading in and across content areas 
                                such as mathematics, science, social 
                                studies, and language arts;
                                    (IV) develop and implement 
                                differentiated instruction to serve the 
                                needs of the full range of learners, 
                                including English language learners and 
                                children with disabilities;
                                    (V) apply principles of universal 
                                design for learning;
                                    (VI) employ best practices in 
                                engaging principals, teachers, and 
                                other professionals supporting literacy 
                                instruction to change school cultures 
                                to better encourage and support 
                                literacy development and achievement; 
                                and
                                    (VII) set high reading and writing 
                                achievement goals for all students and 
                                select, acquire, and use instructional 
                                tools and skills to help students reach 
                                such goals; and
                    (B) whose role with teachers and professionals 
                supporting literacy instruction is--
                            (i) to provide high quality professional 
                        development;
                            (ii) to work cooperatively and 
                        collaboratively with principals, teachers, and 
                        other professionals in employing strategies to 
                        help teachers identify and support student 
                        literacy needs and teach literacy across the 
                        content areas; and
                            (iii) to work cooperatively and 
                        collaboratively with other professionals in 
                        employing strategies to help teachers teach 
                        literacy across the content areas so that the 
                        teachers can meet the needs of all students, 
                        including children with disabilities, English 
                        language learners, and students who are reading 
                        at or above grade level.
            (13) Local educational agency.--The term ``local 
        educational agency''--
                    (A) has the meaning given the term in section 9101 
                of the Elementary and Secondary Education Act of 1965; 
                and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (14) Multitier system of support.--The term ``multitier 
        system of support'' means a comprehensive and differentiated 
        system of support that includes evidence-based instruction, 
        universal screening, progress monitoring, formative 
        assessments, summative assessments, research-based 
        interventions matched to student needs, and educational 
        decisionmaking using academic progress over time.
            (15) Reading.--The term ``reading'' means a complex system 
        of deriving meaning from print that requires, in ways that are 
        developmentally, content, and contextually appropriate, all of 
        the following:
                    (A) Phonemes.--The skills and knowledge to 
                understand how phonemes, or speech sounds, are 
                connected to print.
                    (B) Accuracy, fluency, and understanding.--The 
                ability to read accurately, fluently, and with 
                understanding.
                    (C) Reading comprehension.--The use of background 
                knowledge and vocabulary to make meaning from a text.
                    (D) Active strategies.--The development and use of 
                appropriate active strategies to interpret and 
                construct meaning from print.
                    (E) Engaged and self-directed reader.--The 
                development and maintenance of an engaged and self-
                directed reader.
            (16) 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.
            (17) 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).
            (18) Screening assessment.--The term ``screening 
        assessment'' means an assessment that--
                    (A) is valid, reliable, and based on scientifically 
                valid research on literacy and English language 
                acquisition; and
                    (B) is a procedure designed as a first step in 
                identifying children who may be at high risk for 
                delayed development or academic failure and in need of 
                further diagnosis of the children's need for special 
                services or additional literacy instruction.
            (19) State.--In this section the term ``State'' has the 
        meaning given the term in section 103 of the Higher Education 
        Act of 1965 (20 U.S.C. 1003).
            (20) State literacy leadership team.--
                    (A) In general.--The term ``State literacy 
                leadership team'' means a team that--
                            (i) is appointed and coordinated by the 
                        State educational agency;
                            (ii) assumes the responsibility to guide 
                        the development and implementation of a 
                        statewide, comprehensive literacy plan;
                            (iii) is composed of not less than 11 
                        individuals;
                            (iv) shall include--
                                    (I) at least 3 individuals who have 
                                literacy expertise in one of each of 
                                the areas of--
                                            (aa) birth through school 
                                        entry, such as the State Head 
                                        Start collaboration director;
                                            (bb) school entry through 
                                        grade 5; and
                                            (cc) grade 6 to grade 12;
                                    (II) a school principal;
                                    (III) a teacher with literacy 
                                expertise or an administrator with 
                                special education and literacy 
                                expertise;
                                    (IV) a teacher or administrator 
                                with expertise in teaching the English 
                                language to English language learners;
                                    (V) a representative from the State 
                                educational agency who oversees 
                                literacy initiatives; and
                                    (VI) a representative from higher 
                                education who is actively involved in 
                                research, development, or teacher 
                                preparation in literacy instruction and 
                                intervention based on scientifically 
                                valid research; and
                            (v) may include--
                                    (I) a literacy specialist serving 
                                in a school district within the State;
                                    (II) a literacy coach;
                                    (III) a library media specialist;
                                    (IV) a representative from the 
                                family literacy community;
                                    (V) a representative from a State 
                                child-serving agency with expertise in 
                                literacy instruction;
                                    (VI) a school counselor;
                                    (VII) a teacher of a core academic 
                                subject;
                                    (VIII) a special education 
                                administrator;
                                    (IX) a college or university 
                                professor;
                                    (X) a parent;
                                    (XI) a business leader;
                                    (XII) a representative from the 
                                Governor's office;
                                    (XIII) a representative from the 
                                State board of education;
                                    (XIV) a representative from the 
                                State legislature;
                                    (XV) a nonprofit and community 
                                based organization providing literacy 
                                instruction and support; and
                                    (XVI) a representative from a 
                                school district superintendent's 
                                office.
                    (B) Inclusion of a preexisting partnership.--If, 
                before the date of enactment of this Act, a State 
                educational agency established a consortium, 
                partnership, or any other similar body that was 
                considered a literacy partnership for purposes of 
                subpart 1 or 2 of part B of title I of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 6361 et 
                seq., 6371 et seq.) and that includes the individuals 
                required under subparagraph (A)(iv), such consortium, 
                partnership, or body may be considered a State literacy 
                leadership team for purposes of subparagraph (A).
            (21) Summative assessment.--The term ``summative 
        assessment'' means an assessment that--
                    (A) is valid, reliable, and based on scientifically 
                valid research on literacy and English language 
                acquisition; and
                    (B) measures what students have learned over time, 
                relative to academic content standards.
            (22) 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.
            (23) Writing.--The term ``writing'' means--
                    (A) composing meaning in print or through other 
                media, including technologies, to communicate and to 
                create new knowledge in ways appropriate to the context 
                of the writing and the literacy development stage of 
                the writer;
                    (B) composing ideas individually and 
                collaboratively in ways that are appropriate for a 
                variety of purposes, audiences, and occasions;
                    (C) choosing vocabulary, tone, genre, and 
                conventions, such as spelling and punctuation, suitable 
                to the purpose, audience, and occasion; and
                    (D) revising compositions for clarity of ideas, 
                coherence, logical development, and precision of 
                language use.

SEC. 5. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary is authorized--
            (1) to award State planning grants in accordance with 
        section 6; and
            (2) to award State implementation grants in accordance with 
        section 7 to enable the State educational agency to--
                    (A) carry out the State activities described in 
                section 8;
                    (B) award subgrants to eligible entities in 
                accordance with section 9; and
                    (C) award subgrants to eligible entities in 
                accordance with section 10.
    (b) Awards to State Educational Agencies.--
            (1) Amounts less than $500,000,000.--If the amount 
        appropriated under section 14 for a fiscal year is less than 
        $500,000,000, then the Secretary shall--
                    (A) reserve not more than a total of 5 percent of 
                such amount for the national evaluation, dissemination 
                of information, and technical assistance under section 
                11;
                    (B) reserve not more than 5 percent to award 
                planning grants, on a competitive basis, to State 
                educational agencies serving States, in accordance with 
                section 6; and
                    (C) use the amount not reserved under subparagraphs 
                (A) and (B) to make awards, on a competitive basis, to 
                State educational agencies serving States that have 
                applications approved under section 7 to enable the 
                State educational agencies to carry out sections 7 and 
                8.
            (2) Amounts equal to or exceeding $500,000,000.--
                    (A) In general.--If the amount appropriated under 
                section 14 for a fiscal year equals or exceeds 
                $500,000,000, then the Secretary shall--
                            (i) reserve a total of 1 percent of such 
                        amount for--
                                    (I) allotments for the United 
                                States Virgin Islands, Guam, American 
                                Samoa, and the Commonwealth of the 
                                Northern Mariana Islands, to be 
                                distributed among such outlying areas 
                                on the basis of their relative need, as 
                                determined by the Secretary in 
                                accordance with the purposes of this 
                                Act; and
                                    (II) the Secretary of the Interior 
                                for programs under sections 6, 7, 8, 9, 
                                and 10 in schools operated or funded by 
                                the Bureau of Indian Education; and
                            (ii) reserve not more than 5 percent to 
                        award planning grants, to State educational 
                        agencies serving States, in accordance with 
                        section 6;
                            (iii) reserve not more than 5 percent for 
                        the national evaluation, dissemination of 
                        information, and technical assistance under 
                        section 11; and
                            (iv) use the amount not reserved under 
                        clauses (i), (ii), and (iii) to make an award, 
                        from allotments under subparagraph (C), to 
                        State educational agencies serving States that 
                        have applications approved under section 7 to 
                        enable the State educational agencies to carry 
                        out sections 7 and 8.
                    (B) Special rules.--
                            (i) Proportional division.--In each fiscal 
                        year, the amount reserved under subparagraph 
                        (A)(i) shall be divided between the uses 
                        described in subclauses (I) and (II) of 
                        subparagraph (A)(i) in the same proportion as 
                        the amount reserved under section 1121(a) of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 6331(a)) is divided between the 
                        uses described in paragraphs (1) and (2) of 
                        such section 1121(a) for such fiscal year.
                            (ii) Consultation.--A State educational 
                        agency that receives an allotment under this 
                        paragraph shall engage in timely and meaningful 
                        consultation with representatives of Indian 
                        tribes located in the State in order to improve 
                        the coordination and quality of activities 
                        designed to develop effective approaches to 
                        achieve the purposes of the Act consistent with 
                        the cultural, language, and educational needs 
                        of Indian students.
                    (C) State allotment formula.--The Secretary shall 
                allot the amount made available under subparagraph 
                (A)(iv) for a fiscal year among the States in 
                proportion to the number of children, from birth 
                through age 17, who reside within the State and are 
                from families with incomes below the poverty line for 
                the most recent fiscal year for which satisfactory data 
                are available, compared to the number of such children 
                who reside in all States for that fiscal year.
            (3) Minimum award amount.--No State educational agency 
        receiving an award under this section for a fiscal year may 
        receive less than one-fourth of 1 percent of the total amount 
        appropriated under section 14 for the fiscal year.
    (c) Peer Review.--
            (1) In general.--The Secretary shall convene a peer review 
        panel to evaluate the application for each grant awarded to a 
        State educational agency under sections 6 and 7 using the 
        evaluation criteria described in paragraph (2).
            (2) Development of evaluation criteria.--The Secretary 
        shall report to Congress the peer review process and evaluation 
        criteria that shall be used to evaluate the grant applications 
        under sections 6 and 7.
            (3) Membership.--
                    (A) Composition.--A peer review panel convened 
                under paragraph (1) shall be composed of not less than 
                9 members, of whom--
                            (i) 3 shall be appointed by the Secretary;
                            (ii) 3 shall be appointed by the Secretary 
                        from among individuals--
                                    (I) recommended by the Chairman of 
                                the National Research Council of the 
                                National Academy of Sciences; and
                                    (II) with expertise in literacy 
                                instruction and learning at various 
                                developmental stages; and
                            (iii) 3 shall be appointed by the Secretary 
                        from among individuals--
                                    (I) recommended by the Director of 
                                the National Institute of Child Health 
                                and Human Development; and
                                    (II) with expertise concerning 
                                literacy development from birth through 
                                grade 12.
                    (B) Competency and expertise; expertise.--The peer 
                review panel appointed under this paragraph may 
                include--
                            (i) classroom teachers with expertise in 
                        literacy, and literacy coaches, including--
                                    (I) special education teachers;
                                    (II) teachers of students who are 
                                English language learners; and
                                    (III) early childhood educators who 
                                provide high quality professional 
                                development in child language and 
                                literacy development;
                            (ii) experts who provide high-quality 
                        professional development to individuals who 
                        teach literacy to children, students, teachers, 
                        and other instructional staff;
                            (iii) experts in the assessment of reading 
                        and writing; and
                            (iv) experts in reading and writing, 
                        language development, and English language 
                        acquisition, (as appropriate), including 
                        reading and writing in core academic subjects.
            (4) Distribution of recommendations.--Not later than 120 
        days after a peer review panel submits to the Secretary the 
        panel's recommendation regarding an application by a State 
        educational agency for a grant under section 6 or 7, the 
        Secretary shall notify the State educational agency that the 
        application has been approved or disapproved and shall provide 
        to such State educational agency a copy of the peer review 
        panel's recommendation.
    (d) Supplement Not Supplant.--Award funds provided under this Act 
shall supplement, and not supplant, non-Federal funds that would, in 
the absence of such award funds, be made available for literacy 
instruction and support of pupils participating in programs assisted 
under this Act.
    (e) Maintenance of Effort.--Each State educational agency that 
receives an award under this section, and each eligible entity that 
receives a subgrant under section 9 or 10, shall maintain for the 
fiscal year for which the grant or subgrant is received and for each 
subsequent fiscal year the expenditures of the State educational agency 
or eligible entity, respectively, for literacy instruction at a level 
not less than the level of such expenditures maintained by the State 
educational agency or eligible entity, respectively, for the fiscal 
year preceding such fiscal year for which the grant or subgrant is 
received.

SEC. 6. STATE PLANNING GRANTS.

    (a) Planning Grants Authorized.--
            (1) In general.--From amounts made available under 
        paragraphs (1)(B) and (2)(A)(ii) of section 5(b), the Secretary 
        may award planning grants to State educational agencies to 
        enable the State educational agencies to complete comprehensive 
        planning to carry out activities that improve literacy for 
        children and students from birth through grade 12.
            (2) Grant period.--A planning grant awarded under this 
        section shall be for a period of not more than 1 year.
            (3) Nonrenewability.--The Secretary shall not award a State 
        educational agency more than 1 planning grant under this 
        section.
    (b) Application.--
            (1) In general.--Each State educational agency desiring a 
        planning grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may require.
            (2) Contents.--Each application submitted under this 
        subsection shall, at a minimum, include a description of how 
        the State educational agency proposes to use the planning grant 
        funds awarded under this section to develop a plan for 
        improving State efforts to develop, coordinate, and implement 
        comprehensive literacy activities that ensure high quality 
        instruction in reading and writing for all students in early 
        learning programs (serving children from birth through 
        kindergarten entry) through grade 12 programs, with a 
        particular focus on students who are reading or writing below 
        grade level and children whose early literacy skills are below 
        the appropriate age or developmental level. Such plan for 
        improvement shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) provide a budget for the use of the planning 
                grant funds to complete the required activities 
                described in subsection (c);
                    (C) include an assessment of child and student 
                literacy data to identify baseline and benchmark levels 
                to monitor progress and improvement; and
                    (D) provide an assurance that the State agency 
                responsible for administering early childhood education 
                programs and the State agency responsible for 
                administering child care programs collaborated with the 
                State educational agency to write the early learning 
                portion of the grant application submitted under this 
                subsection.
            (3) Approval of applications.--
                    (A) In general.--The Secretary, in consultation 
                with the peer review panel described in subparagraph 
                (B), shall evaluate State educational agency 
                applications under this subsection based on the 
                responsiveness of the applications to the application 
                requirements under this subsection.
                    (B) Peer review.--The Secretary shall convene a 
                peer review panel in accordance with section 5(c) to 
                evaluate planning grant applications under this 
                section.
    (c) Required Activities.--A State educational agency receiving 
planning grant funds under this section shall carry out each of the 
following activities:
            (1) Review.--Reviewing reading, writing, or other literacy 
        resources, programs, and data across the State to identify any 
        literacy needs and gaps in the State.
            (2) State literacy leadership team.--Forming or designating 
        a State literacy leadership team which shall execute the 
        following functions:
                    (A) Comprehensive state literacy plan.--Creating a 
                comprehensive State literacy plan that--
                            (i) is designed to improve reading, 
                        writing, and academic achievement for children 
                        and students, especially those reading below 
                        grade level;
                            (ii) includes a needs assessment and an 
                        implementation plan, including an analysis of 
                        child and student literacy data to identify 
                        baseline and benchmark levels of literacy and 
                        early literacy skills in order to monitor 
                        progress and improvement, and a plan to improve 
                        literacy levels among all children and 
                        students;
                            (iii) ensures high quality instruction in 
                        reading and writing in early learning programs 
                        (serving children from birth through 
                        kindergarten entry) through grade 12 programs;
                            (iv) provides for activities designed to 
                        improve literacy achievement for students who--
                                    (I) read or write below grade 
                                level;
                                    (II) attend schools that are 
                                identified for school improvement under 
                                section 1116(b) of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 6316(b)); and
                                    (III) are counted under section 
                                1124(c) of the Elementary and Secondary 
                                Education Act of 1965 (20 U.S.C. 
                                6333(c)); and
                            (v) is submitted to the Secretary.
                    (B) Standards.--Providing recommendations to guide 
                the State educational agency in the State educational 
                agency's process of strengthening State literacy 
                standards and embedding State literacy standards with 
                the State's challenging academic content standards, 
                academic achievement standards, and early learning and 
                development standards.
                    (C) Progress.--Providing recommendations to guide 
                the State educational agency in the State educational 
                agency's process of measuring, assessing, and 
                monitoring progress in literacy at the school, local 
                educational agency, and State levels.
                    (D) Criteria.--Identifying criteria for high 
                quality professional development providers, which 
                providers may include qualified teachers within the 
                State, for the State educational agency and local 
                educational agencies.
                    (E) Data.--Advising the State educational agency on 
                how to help ensure that local educational agencies and 
                schools provide timely and appropriate data to teachers 
                to inform and improve instruction.
                    (F) Educator capacity.--Providing recommendations 
                to guide the State educational agency in the State 
                educational agency's planning process of building 
                educators' capacity to provide high quality literacy 
                instruction.
            (3) Reporting requirement.--Not later than 1 year after a 
        State educational agency receives a planning grant under this 
        section, the State educational agency shall submit a report to 
        the Secretary on the State educational agency's performance of 
        the activities described in this subsection.

SEC. 7. STATE IMPLEMENTATION GRANTS.

    (a) Implementation Grants Authorized.--
            (1) In general.--From awards made available under section 
        5(b), the Secretary shall, on a competitive basis, award 
        implementation grants to State educational agencies to enable 
        the State educational agencies--
                    (A) to implement the comprehensive literacy plan 
                that meets the criteria in section 6(c)(2)(A) for early 
                learning programs (serving children from birth through 
                kindergarten entry) through grade 12 programs;
                    (B) to carry out State activities under section 8; 
                and
                    (C) to award subgrants under sections 9 and 10.
            (2) Duration of grants.--An implementation grant under this 
        section shall be awarded for a period of not more than 5 years.
            (3) 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 shall demonstrate, to the 
                satisfaction of the Secretary, that--
                            (i) the State educational agency has 
                        complied with the terms of the grant including 
                        by undertaking all required activities; and
                            (ii) during the period of the grant there 
                        has been significant progress in student 
                        literacy achievement, as measured by 
                        appropriate assessments, including in 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)), for students in 
                        kindergarten through grade 12.
    (b) State Applications.--
            (1) In general.--A State educational agency that desires to 
        receive an implementation grant under this section shall submit 
        an application to the Secretary at such time, in such manner, 
        and containing such information as the Secretary may require. 
        The State educational agency shall collaborate with the State 
        agency responsible for administering early childhood education 
        programs and the State agency responsible for administering 
        child care programs in the State in writing and implementing 
        the early learning portion of the grant application under this 
        subsection.
            (2) Contents.--An application described in paragraph (1) 
        shall include the following:
                    (A) State literacy leadership team; comprehensive 
                state literacy leadership plan.--A description of the 
                members of the State literacy leadership team and a 
                description of how the State educational agency has 
                developed a comprehensive State literacy plan, as 
                described in section 6.
                    (B) Implementation.--An implementation plan that 
                includes a description of how the State educational 
                agency will--
                            (i) carry out the State activities 
                        described in section 8;
                            (ii) assist eligible entities with--
                                    (I) providing strategic and 
                                intensive literacy instruction based on 
                                scientifically valid research for 
                                students who are reading and writing 
                                below grade level, including through 
                                the use of multitiered systems of 
                                support, including addressing the 
                                literacy needs of children and youth 
                                with disabilities or developmental 
                                delays and English language learners in 
                                early learning programs (serving 
                                children from birth through 
                                kindergarten entry) and programs 
                                serving students from birth through 
                                grade 12;
                                    (II) providing training to parents, 
                                as appropriate, so that the parents can 
                                participate in the literacy related 
                                activities described in sections 9 and 
                                10 to assist in the language and 
                                literacy development of their children;
                                    (III) selecting and using reading 
                                and writing assessments;
                                    (IV) providing classroom-based 
                                instruction that is supported by one-
                                to-one and small group work;
                                    (V) using curricular materials and 
                                instructional tools, which may include 
                                technology, to improve instruction and 
                                literacy achievement;
                                    (VI) providing for high quality 
                                professional development; and
                                    (VII) using the principles of 
                                universal design for learning; and
                            (iii) ensure that local educational 
                        agencies in the State have leveraged and are 
                        effectively leveraging the resources needed to 
                        implement effective literacy instruction, and 
                        have the capacity to implement literacy 
                        initiatives effectively;
                            (iv) continually coordinate and align the 
                        activities assisted under this section and 
                        sections 9 and 10 with reading, writing, and 
                        other literacy resources and programs across 
                        the State and locally that serve children and 
                        students and their families and promote 
                        literacy instruction and learning, including 
                        strengthening partnerships among schools, 
                        libraries, local youth-serving agencies, and 
                        programs, in order to improve literacy for all 
                        children and youth; and
                            (v) ensure that funds provided under this 
                        section are awarded in a manner that will 
                        provide services to all grade levels, including 
                        proportionally to middle schools and high 
                        schools.
                    (C) Key data metrics.--A description of the key 
                data metrics that will be used and reported annually 
                under section 12(b)(1)(E), which shall include progress 
                in meeting the annual objectives established pursuant 
                to section 1111(b)(2)(C)(v) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(C)(v)), for students in third grade through 
                grade 12.
                    (D) National evaluation.--An assurance that the 
                State educational agency, and any eligible entity 
                receiving a subgrant from the State educational agency 
                under section 9 or 10, will, if requested, participate 
                in the national evaluation under section 11.
                    (E) Literacy programs.--An assurance that the State 
                educational agency will use implementation grant funds 
                for literacy programs as follows:
                            (i) Learners from birth through 
                        kindergarten entry.--Not less than 10 percent 
                        of such grant funds shall be used for State and 
                        local programs and activities pertaining to 
                        learners from birth through kindergarten entry.
                            (ii) Students in kindergarten through grade 
                        5.--Not less than 40 percent of such 
                        implementation grant funds shall be used for 
                        State and local programs and activities 
                        allocated equitably among grades kindergarten 
                        through grade 5.
                            (iii) Students in grades 6 through 12.--Not 
                        less than 40 percent of such implementation 
                        grant funds shall be used for State and local 
                        programs and activities, allocated equitably 
                        among grades 6 through 12.
                            (iv) State activities.--Not more than 10 
                        percent of such implementation grant funds 
                        shall be used for the State activities 
                        described in section 8.
                    (F) Priority.--An assurance that the State 
                educational agency shall give priority to awarding a 
                subgrant to an eligible entity--
                            (i) under section 9 based on the number or 
                        percentage of children younger than school 
                        entry and the number of students from birth 
                        through 17 who are--
                                    (I) served by the eligible entity; 
                                and
                                    (II) from families with income 
                                below the poverty level, based on the 
                                most recent satisfactory data provided 
                                to the Secretary by the Bureau of the 
                                Census for determining eligibility 
                                under section 1124(c)(1)(A) of the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6333(c)(1)(A)); and
                            (ii) under section 10 based on--
                                    (I) the number or percentage 
                                described in clause (i); and
                                    (II) the number or percentage of 
                                students served by the eligible entity 
                                that are reading and writing below 
                                grade level according to State 
                                assessments.
    (c) Approval of Applications.--
            (1) In general.--The Secretary, in consultation with the 
        peer review panel established in paragraph (2), shall evaluate 
        State educational agency applications under subsection (b) 
        based on the responsiveness of the applications to the 
        application requirements under such subsection.
            (2) Peer review.--The Secretary shall convene a peer review 
        panel in accordance with section 5(c) to evaluate applications 
        for each implementation grant awarded to a State educational 
        agency under this section.
            (3) Early learning.--In order for a State educational 
        agency's application under this section to be approved by the 
        Secretary, the application shall contain an assurance that the 
        State agency responsible for administering early childhood 
        education programs and the State agency responsible for 
        administering child care programs in the State approves of, and 
        will be extensively consulted in the implementation of related 
        activities services consistent with section 9 with respect to, 
        the early learning portion of the application.

SEC. 8. STATE ACTIVITIES.

    (a) Required Activities.--A State educational agency shall use 
funds made available under section 5(a)(2)(A) and described in section 
7(b)(2)(F)(iv) to carry out the activities proposed in a State's plan 
consistent with section 7(b)(2), including the following activities:
            (1) Carrying out assurances and activities in 
        application.--Carrying out the assurances and activities 
        provided in the State application under section 7(b)(2).
            (2) Technical assistance.--In consultation with the State 
        literacy leadership team, providing technical assistance or 
        engaging qualified providers to provide technical assistance to 
        eligible entities to enable the eligible entities to design and 
        implement a literacy program under sections 9 and 10.
            (3) Preservice coursework review.--Continuing to consult 
        with the State literacy leadership team and continuing to 
        coordinate with institutions of higher education in the State--
                    (A) in order to provide recommendations to 
                strengthen and enhance preservice courses for students 
                preparing, at institutions of higher education in the 
                State, to teach children from birth through grade 12 in 
                explicit, systematic, and intensive instruction in 
                evidence-based literacy methods; and
                    (B) by following up reviews completed by the State 
                literacy leadership team with recommendations to ensure 
                that such institutions offer courses that meet the 
                highest standards.
            (4) State licensure and certification recommendations.--
        Reviewing and updating, in collaboration with teachers, 
        statewide educational and professional organizations 
        representing teachers, and statewide educational and 
        professional organizations representing institutions of higher 
        education, State licensure and certification standards in the 
        area of literacy instruction in early education through grade 
        12.
            (5) Effective practices.--Making publicly available, 
        including on the State educational agency's website, 
        information on promising instructional practices to improve 
        student literacy achievement.
    (b) Permissive Activities.--After carrying out activities described 
in subsection (a), a State educational agency may use remaining funds 
made available under section 5(a)(2)(A) and described in section 
7(b)(2)(F)(iv) to carry out 1 or more of the following activities:
            (1) Data systems training.--Training the personnel of 
        eligible entities to use data systems that track student 
        literacy achievement.
            (2) Literacy coach training.--Developing literacy coach 
        training programs and training literacy coaches.
            (3) Public support.--Building public support among local 
        educational agency personnel, early childhood education 
        programs, and the community for comprehensive literacy 
        instruction for children and students from birth through grade 
        12.

SEC. 9. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH 
              KINDERGARTEN ENTRY LITERACY.

    (a) Subgrants.--A State educational agency, in consultation with 
the State agency responsible for administering early childhood 
education programs and the State agency responsible for administering 
child care programs, shall use implementation grant funds provided 
under section 5(a)(2)(B) to award subgrants, on a competitive basis, to 
eligible entities to enable the eligible entities to support high 
quality early literacy initiatives for children from birth through 
kindergarten entry.
    (b) Sufficient Size and Scope.--Each subgrant awarded under this 
section shall be of sufficient size and scope to allow the eligible 
entity to carry out high quality early literacy initiatives for 
children from birth through kindergarten entry.
    (c) Local Applications.--An eligible entity desiring to receive a 
subgrant under this section shall submit an application to the State 
educational agency, at such time, in such manner, and containing such 
information as the State educational agency may require. Such 
application shall include a description of--
            (1) how the subgrant funds will be used to enhance the 
        language and literacy aspects of school readiness of children, 
        from birth through kindergarten entry, in early childhood 
        education programs, including an analysis of the data used to 
        identify how funds will be used to improve language and 
        literacy;
            (2) the programs assisted under the subgrant, including 
        demographic and socioeconomic information on the children 
        enrolled in the programs;
            (3) a budget for the eligible entity that projects the cost 
        of developing and implementing literacy initiatives to carry 
        out the activities described in subsection (e);
            (4) how, if the eligible entity is requesting a planning 
        period, the eligible entity will use that planning period to 
        prepare for successful implementation of a plan to support the 
        development of learning and literacy consistent with the 
        purposes of this Act;
            (5) the literacy initiatives, if any, in place and how 
        these initiatives will be coordinated and integrated with 
        activities supported under this section;
            (6) how the subgrant funds will be used to prepare and 
        provide ongoing assistance to staff in the programs, through 
        high quality professional development;
            (7) how the subgrant funds will be used to provide 
        services, incorporate activities, and select and use literacy 
        instructional materials that meet the diverse developmental and 
        linguistic needs of children, including English language 
        learners and children with disabilities and developmental 
        delays, and that are based on scientifically valid research on 
        child development and learning for children from birth through 
        kindergarten entry;
            (8) how the subgrant funds will be used to identify 
        assessments or other appropriate measures--
                    (A) to effectively identify children who may be at 
                risk for delayed development or lack of school 
                preparedness; and
                    (B) to determine whether such children are making 
                progress on early literacy skills development;
            (9) how families and caregivers will be involved, as 
        appropriate, in supporting their children's literacy 
        instruction and assessment;
            (10) 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;
            (11) how the activities assisted under the subgrant will be 
        coordinated with literacy instruction at the kindergarten 
        through grade 5 level;
            (12) how the subgrant funds will be used--
                    (A) to evaluate the success of the activities 
                assisted under the subgrant in enhancing the early 
                literacy development of children from birth through 
                kindergarten entry; and
                    (B) to evaluate data for program improvement; and
            (13) such other information as the State educational agency 
        may require.
    (d) Approval of Local Applications.--The State educational agency, 
in consultation with the State agency responsible for administering 
early childhood education programs and the State agency responsible for 
administering child care programs, shall--
            (1) select applications for funding under this section 
        based on the quality of the applications submitted, including 
        the relationship between literacy activities proposed and the 
        research base or data supporting such investments, as 
        appropriate, and the recommendations of--
                    (A) the State literacy leadership team; and
                    (B) other experts in the area of early literacy; 
                and
            (2) place priority for funding programs based on the 
        criteria in section 7(b)(2)(G).
    (e) Local Uses of Funds.--
            (1) In general.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant funds 
        consistent with the plan proposed in subsection (c) to carry 
        out the following activities:
                    (A) Early learning programs.--Enhancing and 
                improving early learning programs to ensure that 
                children in such programs are provided with high 
                quality oral language and literature- and print-rich 
                environments in which to develop early literacy skills.
                    (B) Professional development.--Providing high 
                quality professional development.
                    (C) Screening assessments and measures.--Acquiring, 
                providing training for, and implementing screening 
                assessments or other appropriate measures to determine 
                whether children from birth through kindergarten entry 
                are developing appropriate early language and literacy 
                skills.
                    (D) Multitier system of support.--Selecting, 
                developing, and implementing a multitier system of 
                support.
                    (E) Integrating.--Integrating research-based 
                instructional materials, activities, tools, and 
                measures into the programs offered by the eligible 
                entity to improve development of early learning 
                language and literacy skills.
                    (F) Training.--Training providers and personnel to 
                support, develop, and administer high quality early 
                learning literacy initiatives that--
                            (i) utilize data--
                                    (I) to inform instructional design; 
                                and
                                    (II) to assess literacy needs; and
                            (ii) provide time and support for personnel 
                        to meet to plan literacy instruction.
                    (G) Family literacy services.--Providing for family 
                literacy services, as appropriate.
                    (H) Data.--Annually collecting, summarizing, and 
                reporting to the State educational agency data--
                            (i) to document and monitor, for the 
                        purpose of improving or increasing early 
                        literacy and language skills development 
                        pursuant to activities carried out under this 
                        section;
                            (ii) to stimulate and accelerate 
                        improvement by identifying the programs served 
                        by the eligible entity that produce significant 
                        gains in skills development; and
                            (iii) for all subgroups of students and 
                        categories of students, including students 
                        described in section 1111(b)(2)(C)(v)(II) of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)), in a 
                        manner that--
                                    (I) utilizes a variety of data; and
                                    (II) is consistent across the 
                                State.
            (2) Curricula and assessment materials limitation.--Each 
        eligible entity that receives a subgrant under this section 
        shall not use more than 10 percent of the subgrant funds to 
        purchase curricula and assessment materials.
    (f) Prohibition.--The use of assessment items and data on any 
assessment authorized under this section to provide rewards or 
sanctions for individual children, early learning providers, teachers, 
program directors, or principals is prohibited.

SEC. 10. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES IN SUPPORT OF 
              KINDERGARTEN THROUGH GRADE 12 LITERACY.

    (a) Subgrants to Local Educational Agencies.--
            (1) Subgrants.--A State educational agency shall use the 
        implementation grant funds provided under section 5(a)(2)(C) to 
        award subgrants, on a competitive basis, to eligible entities 
        to enable the eligible entities to carry out the authorized 
        activities described in subsections (b) and (c).
            (2) Sufficient size and scope.--A State educational agency 
        shall award subgrants under this section of sufficient size and 
        scope to allow the eligible entities to carry out high quality 
        literacy initiatives in each grade level for which the subgrant 
        funds are provided.
            (3) Local applications.--An eligible entity desiring to 
        receive a subgrant under this section shall submit an 
        application to the State educational agency at such time, in 
        such manner, and containing such information as the State 
        educational agency may require. Such application shall include, 
        for each school that the eligible entity identifies as 
        participating in a subgrant program under this section, the 
        following information:
                    (A) Capacity survey.--A description of the eligible 
                entity's capacity survey conducted to identify how 
                subgrant funds will be used to inform and improve 
                literacy instruction at the school.
                    (B) Professional development.--How the school, 
                local educational agency, or a provider of high quality 
                professional development will provide ongoing high 
                quality professional development to all teachers, 
                principals, and other school leaders served by the 
                school.
                    (C) Interventions.--How the school will identify 
                students in need of literacy interventions or other 
                support services and provide appropriate scientifically 
                valid instructional interventions or other support 
                services which may include extended learning time for 
                struggling students.
                    (D) Budget.--A budget for the school that projects 
                the cost of developing and implementing literacy 
                initiatives to carry out the activities described in 
                subsections (b) and (c) as applicable.
                    (E) Integration.--An explanation of how the school 
                will integrate literacy instruction into core academic 
                subjects.
                    (F) Coordination.--A description of how the school 
                will coordinate literacy instruction with early 
                education and after-school programs and activities in 
                the area served by the local educational agency.
                    (G) Assessments.--A description of the assessments 
                that will be used in an assessment system to improve 
                literacy instruction and track student literacy 
                progress.
                    (H) Families and caregivers.--A description of how 
                families and caregivers will be involved in supporting 
                their children's literacy instruction and assessment.
                    (I) Planning period.--A description of how, if an 
                eligible entity is requesting a planning period, the 
                eligible entity will use that planning period to 
                prepare for successful implementation of a plan to 
                support the development of learning and literacy 
                consistent with the purposes of this Act.
                    (J) Initiatives.--A description of the literacy 
                initiatives, if any, in place and how these initiatives 
                will be coordinated and integrated with activities 
                supported under this section.
                    (K) Participation in evaluation.--An assurance that 
                the eligible entity will, if requested, participate in 
                the national evaluation described in section 11.
    (b) Local Uses of Funds for Kindergarten Through Grade 5.--An 
eligible entity that receives a subgrant under this section shall use 
the subgrant funds to carry out the following activities pertaining to 
learners in kindergarten through grade 5:
            (1) Literacy plan.--Developing and implementing a literacy 
        plan across content areas that--
                    (A) serves the needs of all students, including 
                children with disabilities and English language 
                learners, especially the students who are reading or 
                writing below grade level;
                    (B) provides intensive, supplemental, accelerated, 
                and explicit intervention and support in reading and 
                writing for students whose literacy skills are below 
                grade level; and
                    (C) supports activities that are provided primarily 
                during the regular school day but which may be 
                augmented by after-school and out-of-school time 
                instruction.
            (2) Assessments.--Acquiring, providing training for, 
        selecting, and administering assessments, and managing, 
        monitoring, and planning instruction based on the assessment 
        data.
            (3) Professional development.--Providing high quality 
        professional development.
            (4) Training.--Training principals, pupil services 
        personnel, and other school district personnel to support, 
        develop, and administer and evaluate high quality kindergarten 
        through grade 5 literacy initiatives that--
                    (A) utilize data--
                            (i) to inform instructional decisions; and
                            (ii) to assess professional development 
                        needs; and
                    (B) provide time and support for teachers to meet 
                to plan literacy instruction.
    (c) Local Uses of Funds for Grades 6 Through 12.--
            (1) Required uses.--An eligible entity that receives a 
        subgrant under this section shall use subgrant funds to carry 
        out the following activities pertaining to learners in grades 6 
        through 12:
                    (A) Literacy plan.--Developing and implementing a 
                literacy plan across content areas that--
                            (i) serves the needs of all students, 
                        including children with disabilities and 
                        English language learners, especially students 
                        who are reading or writing below grade level;
                            (ii) provides intensive, supplemental, 
                        accelerated, and explicit intervention and 
                        support in reading and writing for students 
                        whose literacy skills are below grade level; 
                        and
                            (iii) supports activities that are provided 
                        primarily during the regular school day but 
                        which may be augmented by after-school and out-
                        of-school time instruction.
                    (B) Assessments.--Acquiring, providing training 
                for, selecting and administering assessments, and 
                managing, monitoring, and planning instruction based on 
                the assessment data.
                    (C) Professional development.--Providing high 
                quality professional development.
                    (D) Training.--Training principals, pupil service 
                personnel, and other school leaders to support, 
                develop, administer, and evaluate high quality 
                adolescent literacy initiatives that--
                            (i) utilize data--
                                    (I) to inform instructional 
                                decisions and allow for personalization 
                                of instruction based on student need; 
                                and
                                    (II) to assess professional 
                                development needs;
                            (ii) assess the quality of adolescent 
                        literacy instruction in core academic subjects, 
                        and career and technical education subjects 
                        where such career and technical education 
                        subjects provide for the integration of core 
                        academic subjects;
                            (iii) provide time for teachers to meet to 
                        plan research-based adolescent literacy 
                        instruction in core academic subjects, and 
                        career and technical education subjects where 
                        such career and technical education subjects 
                        provide for the integration of core academic 
                        subjects; and
                            (iv) include explicit instruction in 
                        discipline-specific thinking and how to read 
                        and interpret discipline-specific text 
                        structures and features.
                    (E) Data.--Annually collecting, summarizing, and 
                reporting to the State educational agency data--
                            (i) to document and monitor for the purpose 
                        of improving practice, improvements or 
                        increases in student reading and writing 
                        pursuant to activities carried out under this 
                        section;
                            (ii) to stimulate and accelerate 
                        improvement by identifying the schools that 
                        produce significant gains in literacy 
                        achievement; and
                            (iii) for all students and categories of 
                        students, including students described in 
                        section 1111(b)(2)(C)(v)(II) of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(C)(v)(II)), in a manner that 
                        utilizes a variety of data and that is 
                        consistent across the State.
            (2) Limitation to certain schools.--An eligible entity 
        receiving a subgrant under this section shall, in distributing 
        subgrant funds under this subsection, provide the subgrant 
        funds only to schools, including public charter schools, that 
        have the highest percentages or numbers of children counted 
        under section 1124(c) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6333(c)) after carrying out the 
        activities described in this subsection and subsection (b).
    (d) Allowable Uses.--An eligible entity that receives a subgrant 
under this section may use remaining subgrant funds to carry out the 
following activities pertaining to learners in kindergarten through 12:
            (1) Planning.--Providing a planning period of not more than 
        1 year for eligible entities to establish the elements 
        necessary for successful implementation of a literacy program 
        for kindergarten through 12.
            (2) Literacy coaches.--Recruiting, placing, training, and 
        compensating literacy coaches.
            (3) Connecting learning opportunities.--Connecting out-of-
        school learning opportunities to in-school learning in order to 
        improve the literacy achievement of the students.
            (4) Training.--Training families and caregivers to support 
        the improvement of adolescent literacy.
            (5) Multitier system of support.--Providing for a multitier 
        system of support.
            (6) School literacy leadership team.--Forming a school 
        literacy leadership team to help implement, assess, and 
        identify necessary changes to the literacy initiatives in 1 or 
        more schools to ensure success.
            (7) Literacy-rich environment.--Providing high quality, 
        literacy-rich environments that engage students with materials 
        and experiences at the students' reading and writing levels.

SEC. 11. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND TECHNICAL 
              ASSISTANCE.

    (a) National Evaluation.--
            (1) In general.--From funds reserved under section 
        5(b)(1)(A) or 5(b)(2)(A)(iii), the Secretary shall enter into a 
        contract with an organization independent of the Department of 
        Education for a 5-year national evaluation of the grant and 
        subgrant programs assisted under this Act. Such evaluation 
        shall include scientifically valid research that applies 
        rigorous and systematic procedures to obtain valid knowledge 
        relevant to the implementation and effect of the programs.
            (2) Contents of evaluation.--The evaluation described in 
        this subsection shall include an analysis of each of the 
        following:
                    (A) Impact.--The impact of the implementation of 
                literacy initiatives and practices supported under this 
                Act on increasing student academic outcomes, including 
                student literacy development in reading and writing, 
                and speaking (as appropriate), grade promotion, and 
                graduation to the extent predictable.
                    (B) Implementation of core features.--The fidelity 
                of implementation of core program features, such as 
                coherence of program across grades, quality of 
                technical assistance, State and school district 
                leadership, professional development for teachers and 
                administrators, use of quality materials and pedagogy, 
                and use of assessment.
                    (C) Student academic outcomes.--The relationship 
                between implementation of core features, and student 
                academic outcomes.
                    (D) Other inquiries.--Other inquiries as designated 
                by the Secretary, such as--
                            (i) the core functions of literacy 
                        initiatives that have demonstrated the greatest 
                        impact on student literacy achievement, 
                        especially among students reading below grade 
                        level;
                            (ii) effective strategies to integrate 
                        State and local standards, curricula, 
                        assessments, and interventions to improve 
                        literacy;
                            (iii) the types of literacy activities that 
                        most effectively improve the early reading, 
                        writing, and language skills of children from 
                        birth through kindergarten entry;
                            (iv) the impact of adolescent literacy 
                        initiatives on student motivation, engagement, 
                        and participation in adolescent literacy 
                        activities; and
                            (v) the relationship between students' 
                        literacy achievement and secondary schools' 
                        success, including improving graduation rates.
            (3) Program improvement.--The findings of the evaluation 
        conducted under this section shall be--
                    (A) provided to State educational agencies and 
                grant recipients for use in program improvement;
                    (B) made publicly available, including on the 
                Department's website; and
                    (C) submitted to the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Education and Labor of the House of 
                Representatives.
    (b) Information Dissemination and Technical Assistance.--
            (1) In general.--From amounts reserved under section 
        5(b)(1)(A) or 5(b)(2)(A)(iii), the Secretary, in collaboration 
        with the regional educational laboratories established under 
        section 174 of the Education Sciences Reform Act of 2002 (20 
        U.S.C. 9564), the Comprehensive Centers established under 
        section 203 of the Educational Technical Assistance Act of 2002 
        (20 U.S.C. 9602), and the Director of the National Institute of 
        Child Health and Human Development, shall distribute 
        information on literacy instruction, including best practices 
        and model programs identified in the evaluation, other 
        inquiries under this section, or related Federal studies of 
        literacy activities and provide technical assistance in order 
        to assist States and local school districts in improving 
        literacy instruction and learning.
            (2) Dissemination and coordination.--The Secretary shall 
        disseminate the information described in paragraph (1) to--
                    (A) recipients of Federal financial assistance 
                under this Act, the Head Start Act, the Individuals 
                with Disabilities Education Act (20 U.S.C. 1400 et 
                seq.), and the Adult Education and Family Literacy Act 
                (20 U.S.C. 9201 et seq.); and
                    (B) each Bureau-funded school (as defined in 
                section 1141 of the Education Amendments of 1978 (25 
                U.S.C. 2021)).
            (3) Use of networks.--In carrying out this subsection, the 
        Secretary shall, to the extent practicable, use information and 
        dissemination networks developed and maintained through other 
        public and private entities.

SEC. 12. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING REQUIREMENTS, 
              AND CONFLICTS OF INTEREST.

    (a) Consequences of Insufficient Progress.--
            (1) Consequences for grant recipients.--If the Secretary 
        determines that a State educational agency receiving an award 
        under section 5(b) or an eligible entity receiving a subgrant 
        under section 9 or 10 is not making significant progress in 
        meeting the purposes of this Act and the key metrics identified 
        by the State educational agency in section 7(b)(2)(D) after the 
        submission of a report described in subsection (b), then the 
        Secretary may withhold, in whole or in part, further payments 
        under this Act in accordance with section 455 of the General 
        Education Provisions Act (20 U.S.C. 1234d) or take such other 
        action authorized by law as the Secretary determines necessary, 
        including providing technical assistance upon request of the 
        State educational agency, or eligible entity, respectively.
            (2) Consequences for subgrant recipients.--
                    (A) In general.--A State educational agency 
                receiving an award under section 5(b) may refuse to 
                award subgrant funds to an eligible entity under 
                section 9 or 10 if the State educational agency finds 
                that the eligible entity is not making significant 
                progress in meeting the purposes of this Act, after--
                            (i) affording the eligible entity notice, a 
                        period for correction, and an opportunity for a 
                        hearing; and
                            (ii) providing technical assistance to the 
                        eligible entity.
                    (B) Funds available.--Subgrant funds not awarded 
                under subparagraph (A) shall be redirected to an 
                eligible entity serving similar children and students 
                in the same area or region as the eligible entity not 
                awarded the subgrant funds, to the greatest extent 
                practicable.
    (b) Reporting Requirements.--
            (1) State educational agency reports.--Each State 
        educational agency receiving an award under section 5(b) shall 
        report annually to the Secretary regarding the State 
        educational agency's progress in addressing the purposes of 
        this Act. Such report shall include, at a minimum, a 
        description of--
                    (A) the professional development activities 
                provided under the award, including types of activities 
                and entities involved in providing professional 
                development to classroom teachers and other program 
                staff;
                    (B) instruction, strategies, activities, curricula, 
                materials, and assessments used in the programs funded 
                under the award;
                    (C) the types of programs funded under the award 
                and the ages and demographic information, that is not 
                individually identifiable, of children served by the 
                programs funded under the award;
                    (D) the experience and qualifications of the 
                program staff who provide literacy instruction under 
                the programs funded under the award, including the 
                experience and qualifications of those staff working 
                with children with disabilities or developmental delays 
                and with English language learners;
                    (E) key data metrics identified under section 
                7(b)(2)(D) used for literacy initiatives;
                    (F) student performance on relevant program 
                metrics, as identified in the State education agency's 
                implementation plan under section 7(b)(2)(D), such as--
                            (i) the number and percentage of children 
                        reading and writing on grade level by the end 
                        of the third grade;
                            (ii) the percent of students served under 
                        the award who receive special education 
                        services; and
                            (iii) the instruction and activities 
                        delivered to at-risk students served under the 
                        award; and
                    (G) the outcomes of programs and activities 
                provided under the award.
            (2) Eligible entity reports.--Each eligible entity 
        receiving a subgrant under section 9 or 10 shall report 
        annually to the State educational agency regarding the eligible 
        entity's progress in addressing the purposes of this Act. Such 
        report shall include, at a minimum, a description of--
                    (A) how the subgrant funds were used;
                    (B) the literacy achievement growth of students, 
                disaggregated by subgroup; and
                    (C) the results of an external evaluation, if the 
                Secretary determines applicable.
    (c) Conflicts of Interest.--The Secretary shall ensure that each 
member of the peer review panel described in section 5(c) and each 
member of a State literacy leadership team participating in a program 
or activity assisted under this Act does not stand to benefit 
financially from a grant or subgrant awarded under this Act.

SEC. 13. RULES OF CONSTRUCTION.

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

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $2,350,000,000 for fiscal year 2010;
            (2) $2,350,000,000 for fiscal year 2011;
            (3) $2,350,000,000 for fiscal year 2012;
            (4) $2,350,000,000 for fiscal year 2013; and
            (5) $2,350,000,000 for fiscal year 2014.
                                 <all>
```