II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Literacy Education for All, Results for the Nation Act’’ 

6 (LEARN Act). 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2740 IS

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. 

1 SEC. 2. FINDINGS. 

2 Congress finds that in order for a comprehensive, ef3 fective literacy program to address the needs of readers 

4 and writers it is critical to address the following: 

5 (1) Literacy development is an ongoing process 

6 that requires a sustained investment beginning in 

7 early childhood and continuing through elementary 

8 school and secondary school. 

9 (2) Developing literacy skills begins at birth as 

10 infants and toddlers associate sounds, gestures, and 

11 marks on paper with consequences and meaning. 

12 Many low-income children from birth through kin13 dergarten entry lack oral and print language-rich en14 vironments in their homes, and early learning pro15 grams are often not sufficiently responsive to the 

16 range of skills such children may develop in their 

17 home environments. 

18 (3) Early childhood educators whose profes19 sional preparation and ongoing development includes 

20 study of language learning and early childhood deVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
3 

•S 2740 IS

1 velopment promote early language and literacy as 

2 part of the overall curriculum for children’s readi3 ness for school, particularly for young English lan4 guage learners and children with disabilities or de5 velopmental delays. 

6 (4) Research shows that writing leads to im7 proved reading achievement, reading leads to better 

8 writing performance, and combined instruction leads 

9 to improvements in both areas. Children in kinder10 garten through grade 12 need to be engaged in com11 bined reading and writing experiences that lead to a 

12 higher level of thinking than when either process is 

13 taught alone. 

14 (5) Environments rich in literacy experiences, 

15 books, resources, and models facilitate reading and 

16 writing development. Schools, principals, librarians, 

17 and teachers must have the skills and tools to create 

18 environments appropriate to meet the diverse lit19 eracy needs of children from birth through grade 12, 

20 especially for children whose home environments 

21 lack support for literacy development. 

22 (6) Middle school and secondary school teachers 

23 need professional development to improve the read24 ing and writing abilities of students who are reading 

25 and writing several years below grade level. Middle 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 2740 IS

1 school and secondary school teachers in core aca2 demic subjects must have the tools and skills to 

3 teach reading and writing for subject area under4 standing and to differentiate and provide instruction 

5 for students with varying literacy skills. 

6 (7) The intellectual and linguistic skills nec7 essary for writing and reading must be developed 

8 through explicit, intentional, and systematic lan9 guage activities, to which many low-income and mi10 nority students do not currently have access. 

11 (8) Between 1971 and 2004, the reading levels 

12 of America’s 17-year-olds showed little to no im13 provement at all. The ability of secondary school 

14 students to read complex texts is strongly predictive 

15 of their performance in college mathematics and 

16 science courses. 

17 (9) Fewer than 2 in 10 eighth graders from the 

18 secondary school graduating classes of 2005 and 

19 2006 met all four EXPLORE College Readiness 

20 Benchmarks (English, Mathematics, Reading, and 

21 Science), the minimum level of achievement that 

22 ACT has shown is necessary if students are to be 

23 college- and career-ready upon their secondary 

24 school graduation. 


tjames on DSKG8SOYB1PROD with BILLS
5 

•S 2740 IS

1 (10) Seventy percent of 8th graders read below 

2 the proficient level on the 2007 National Assessment 

3 of Educational Progress, indicating that students in 

4 middle schools and secondary schools struggle to 

5 graduate because the students’ literacy achievement 

is alarmingly low. Only 1 6 ⁄3 of secondary school stu7 dents who enter 9th grade each year can expect to 

8 graduate in 4 years with the skills the student needs 

9 to succeed in college and the workplace. 

10 (11) Secondary school graduation rates for low11 income students and students of color hover around 

12 50 percent, as do graduation rates for students in 

13 urban school districts and students with disabilities. 

14 Graduation rates for English language learners are 

15 particularly low. 

16 (12) Only 71 percent of secondary school stu17 dents graduate on time with a diploma, meaning 

18 that every year 1,230,000 students fail to graduate 

19 from secondary school. These 1,230,000 nongrad20 uates cost the Nation more than $319,000,000,000 

21 in lost wages, taxes, and productivity over the life22 times of the nongraduates. 

23 (13) About 40 percent of secondary school 

24 graduates lack the literacy skills employers seek. 

25 The 25 fastest growing professions have far greater 


tjames on DSKG8SOYB1PROD with BILLS
6 

•S 2740 IS

1 than average literacy demands, while the fastest de2 clining professions have lower than average literacy 

3 demands. 

4 (14) Research shows that low expectations for 

5 the reading and writing achievement of students in 

6 schools results in curriculum that does not challenge 

7 or adequately support the student’s literacy learning 

8 and in subsequent low achievement, while high aca9 demic expectations can help boost student learning 

10 and achievement. 

11 (15) Children learn best in settings where 

12 teachers understand the developmental continuum of 

13 reading and writing and are skilled in a variety of 

14 strategies that help the children achieve. 

15 (16) Meaningful engagement of families in their 

16 children’s early learning supports school readiness 

17 and later academic success. 

18 (17) Parental literacy habits are positively asso19 ciated with parental reading beliefs, parent-child lit20 eracy and language activities in the home, children’s 

21 print knowledge, and interest in reading. 

22 SEC. 3. PURPOSES. 

23 The purposes of this Act are— 

24 (1) to improve reading, writing, and academic 

25 achievement for children and students by providing 


tjames on DSKG8SOYB1PROD with BILLS
7 

•S 2740 IS

1 Federal support to State educational agencies to de2 velop, coordinate, and implement comprehensive lit3 eracy plans that ensure high quality instruction in 

4 reading and writing from early education through 

5 grade 12; and 

6 (2) to assist State educational agencies in 

7 achieving the purposes described in paragraph (1) 

8 by— 

9 (A) supporting the development and imple10 mentation of comprehensive early learning 

11 through grade 12 literacy programs in every 

12 State that are based on scientifically valid re13 search, to ensure that every child can read and 

14 write at grade level or above; 

15 (B) providing children from birth through 

16 kindergarten entry with learning opportunities 

17 in high quality, language rich, and literature 

18 rich environments, such as child care, Early 

19 Head Start, Head Start, and other early child20 hood education settings, so that the children de21 velop the fundamental knowledge and skills nec22 essary for literacy engagement, development, 

23 and achievement in kindergarten and beyond; 

24 (C) supporting efforts to link and align 

25 standards and research-based instruction in 


tjames on DSKG8SOYB1PROD with BILLS
8 

•S 2740 IS

1 early learning programs serving children from 

2 birth through kindergarten entry; 

3 (D) supporting effective educational envi4 ronments for children from birth through grade 

5 12 to develop oral language, reading, and writ6 ing abilities through high quality research-based 

7 instruction and practices; 

8 (E) improving student achievement by es9 tablishing adolescent literacy initiatives that 

10 provide explicit and systematic instruction in 

11 oral language, reading, and writing development 

12 across the curriculum; 

13 (F) identifying and supporting students 

14 reading and writing significantly below grade 

15 level by providing research-based, intensive 

16 interventions, including those conducted during 

17 extended learning time, to help the students ac18 quire the language and literacy skills the stu19 dents need to stay on track for graduation; 

20 (G) providing assistance to local edu21 cational agencies in order to provide educators 

22 with on-going, job embedded professional devel23 opment and other support focusing on impart24 ing and employing the characteristics of effec25 tive literacy instruction, the special knowledge 


tjames on DSKG8SOYB1PROD with BILLS
9 

•S 2740 IS

1 and skills necessary to teach literacy effectively, 

2 the essential components of reading instruction, 

3 and the essential components of writing instruc4 tion; 

5 (H) supporting State educational agencies 

6 and local educational agencies in improving 

7 reading, writing, and literacy-based academic 

8 achievement for children and students, espe9 cially children and students who are low-in10 come, are English language learners, are migra11 tory, are children with disabilities, are Indian or 

12 Alaskan Native, are neglected or delinquent, are 

13 homeless, are in the custody of the child welfare 

14 system, or have dropped out of school; 

15 (I) supporting State educational agencies 

16 and local educational agencies in using age ap17 propriate and developmentally appropriate in18 structional materials and strategies that assist 

19 teachers as the teachers work with students to 

20 develop reading and writing competencies ap21 propriate to the students’ grade and skill levels; 

22 (J) strengthening coordination among 

23 schools, early literacy programs, family literacy 

24 programs, juvenile justice programs, public li25 braries, and outside-of-school programs that 


tjames on DSKG8SOYB1PROD with BILLS
10 

•S 2740 IS

1 provide children and youth with strategies, cur2 ricula, interventions, and assessments designed 

3 to advance early and continuing language and 

4 literacy development in ways appropriate for 

5 each context; and 

6 (K) supporting professional development 

7 for educators based on scientific approaches to 

8 adult learning. 

9 SEC. 4. DEFINITIONS. 

10 (a) IN GENERAL.—Unless otherwise specified, the 

11 terms used in this Act have the meanings given the terms 

12 in section 9101 of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 7801). 

14 (b) OTHER TERMS.—In this Act: 

15 (1) CHARACTERISTICS OF EFFECTIVE LITERACY

16 INSTRUCTION.—The term ‘‘characteristics of effec17 tive literacy instruction’’ means— 

18 (A) for children from birth through kinder19 garten entry— 

20 (i) providing high quality professional 

21 development opportunities for early learn22 ing providers, teachers, and school leaders 

23 in— 

24 (I) literacy development; 

25 (II) language development; 


tjames on DSKG8SOYB1PROD with BILLS
11 

•S 2740 IS

1 (III) English language acquisi2 tion (as appropriate); and 

3 (IV) effective literacy instruction 

4 aligned to State standards; 

5 (ii) reading aloud to children, dis6 cussing reading with children, and mod7 eling age and developmentally appropriate 

8 reading strategies; 

9 (iii) encouraging children’s early at10 tempts at reading, writing, and drawing, 

11 and talking about the meaning of the read12 ing, writing, and drawing with others; 

13 (iv) creating conversation rich class14 rooms and using oral modeling techniques 

15 to build oral language skills; 

16 (v) multiplying opportunities for chil17 dren to use language with peers and 

18 adults; 

19 (vi) providing strategic and explicit in20 struction in the identification of speech 

21 sounds, letters, and letter-sound cor22 respondence; 

23 (vii) integrating oral and written lan24 guage; 


tjames on DSKG8SOYB1PROD with BILLS
12 

•S 2740 IS

1 (viii) stimulating vocabulary develop2 ment; 

3 (ix) using differentiated instructional 

4 approaches, including— 

5 (I) individual and small group in6 struction; and 

7 (II) professional development, 

8 curriculum development, and class9 room instruction; 

10 (x) applying the principles of universal 

11 design for learning; 

12 (xi) using age appropriate screening 

13 assessments, diagnostic assessments, form14 ative assessments, and summative assess15 ments to identify individual child learning 

16 needs, to inform instruction, and to mon17 itor student progress and the effects of in18 struction over time; 

19 (xii) coordinating the involvement of 

20 families, early childhood education pro21 gram staff, principals, other school leaders, 

22 and teachers in the reading and writing 

23 achievement of children served under this 

24 Act; 


tjames on DSKG8SOYB1PROD with BILLS
13 

•S 2740 IS

1 (xiii) using a variety of age and devel2 opmentally appropriate, high quality mate3 rials for reading and writing; 

4 (xiv) encouraging family literacy expe5 riences and practices, and educating par6 ents, teachers, and other caregivers about 

7 literacy development and child literacy de8 velopment; and 

9 (xv) using strategies to enhance chil10 dren’s— 

11 (I) motivation to read and write; 

12 and 

13 (II) engagement in self-directed 

14 learning; 

15 (B) for students in kindergarten through 

16 grade 3— 

17 (i) providing high quality professional 

18 development opportunities for teachers, lit19 eracy coaches, literacy specialists, English 

20 as a second language specialists (as appro21 priate), and principals, including profes22 sional development on literacy develop23 ment, language development, English lan24 guage acquisition, and effective literacy inVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
14 

•S 2740 IS

1 struction embedded in schools and aligned 

2 to State standards; 

3 (ii) providing age appropriate direct 

4 and explicit instruction; 

5 (iii) providing strategic, systematic, 

6 and explicit instruction in phonological 

7 awareness, phonic decoding, vocabulary, 

8 reading fluency, and reading comprehen9 sion; 

10 (iv) making available and using di11 verse texts at the reading, development, 

12 and interest level of students; 

13 (v) providing multiple opportunities 

14 for students to write individually and col15 laboratively with instruction and feedback; 

16 (vi) using differentiated instructional 

17 approaches, including individual, small 

18 group, and classroom-based instruction 

19 and discussion; 

20 (vii) using oral modeling techniques 

21 and opportunities for students to use lan22 guage with the students’ peers and adults 

23 to build student language skills; 

24 (viii) providing time and opportunities 

25 for systematic and intensive instruction, 


tjames on DSKG8SOYB1PROD with BILLS
15 

•S 2740 IS

1 intervention, and practice to supplement 

2 regular instruction, which can be provided 

3 inside and outside the classroom as well as 

4 during and outside regular school hours; 

5 (ix) providing instruction in uses of 

6 print materials and technological resources 

7 for research and for generating and pre8 senting content and ideas; 

9 (x) using screening assessments, diag10 nostic assessments, formative assessments, 

11 and summative assessments to identify stu12 dent learning needs, to inform instruction, 

13 and to monitor student progress and the 

14 effects of instruction over time; 

15 (xi) coordinating the involvement of 

16 families, caregivers, teachers, principals, 

17 other school leaders, and teacher literacy 

18 teams in the reading and writing achieve19 ment of children served under this Act; 

20 (xii) encouraging family literacy expe21 riences and practices; and 

22 (xiii) using strategies to enhance stu23 dents’— 

24 (I) motivation to read and write; 

25 and 


tjames on DSKG8SOYB1PROD with BILLS
16 

•S 2740 IS

1 (II) engagement in self-directed 

2 learning; and 

3 (C) for students in grades 4 through 12— 

4 (i) providing high quality professional 

5 development opportunities for teachers, lit6 eracy coaches, literacy specialists, English 

7 as a second language specialists (as appro8 priate), and principals, including profes9 sional development on literacy develop10 ment, language development, and effective 

11 literacy instruction embedded in schools 

12 and aligned to State standards; 

13 (ii) providing direct and explicit com14 prehension instruction; 

15 (iii) providing direct and explicit in16 struction that builds academic vocabulary 

17 and strategies and knowledge of text struc18 ture for reading different kinds of texts 

19 within and across core academic subjects; 

20 (iv) making available and using di21 verse texts at the reading, development, 

22 and interest level of the students; 

23 (v) providing multiple opportunities 

24 for students to write with clear purposes 

25 and critical reasoning appropriate to the 


tjames on DSKG8SOYB1PROD with BILLS
17 

•S 2740 IS

1 topic and purpose and with specific in2 struction and feedback from teachers and 

3 peers; 

4 (vi) using differentiated instructional 

5 approaches; 

6 (vii) using strategies to enhance stu7 dents’— 

8 (I) motivation to read and write; 

9 and 

10 (II) engagement in self-directed 

11 learning; 

12 (viii) providing for text-based learning 

13 across content areas; 

14 (ix) providing systematic, strategic, 

15 and individual and small group instruction, 

16 including intensive supplemental interven17 tion for students reading significantly 

18 below grade level, which may be provided 

19 inside and outside the classroom as well as 

20 during and outside regular school hours; 

21 (x) providing instruction in the uses 

22 of technology and multimedia resources for 

23 classroom research and for generating and 

24 presenting content and ideas; 


tjames on DSKG8SOYB1PROD with BILLS
18 

•S 2740 IS

1 (xi) using screening assessment, diag2 nostic assessment, formative assessment, 

3 and summative assessment to identify 

4 learning needs, inform instruction, and 

5 monitor student progress and the effects of 

6 instruction; 

7 (xii) coordinating the involvement of 

8 families and caregivers, to the extent fea9 sible and appropriate as determined by the 

10 Secretary, to improve reading, writing, and 

11 academic achievement; and 

12 (xiii) coordinating the involvement of 

13 library media specialists, teachers, prin14 cipals, other school leaders, teacher literacy 

15 teams, and English as a second language 

16 specialists (as appropriate), that analyze 

17 student work and plan or deliver instruc18 tion over time. 

19 (2) COMPREHENSIVE LITERACY INSTRUC20 TION.—The term ‘‘comprehensive literacy instruc21 tion’’ means instruction that— 

22 (A) involves the characteristics of effective 

23 literacy instruction; and 


tjames on DSKG8SOYB1PROD with BILLS
19 

•S 2740 IS

1 (B) is designed to support the essential 

2 components of reading instruction and the es3 sential components of writing instruction. 

4 (3) DEVELOPMENTAL DELAY.—The term ‘‘de5 velopmental delay’’ has the meaning given the term 

6 in section 632 of the Individuals with Disabilities 

7 Education Act (20 U.S.C. 1432). 

8 (4) DIAGNOSTIC ASSESSMENT.—The term ‘‘di9 agnostic assessment’’ means an assessment that— 

10 (A) is valid, reliable, and based on scientif11 ically valid research on literacy and English lan12 guage acquisition; 

13 (B) is used for the purposes of— 

14 (i) identifying a student’s specific 

15 areas of strengths and weaknesses in lit16 eracy; 

17 (ii) determining any difficulties that 

18 the student may have in literacy and the 

19 potential cause of such difficulties; and 

20 (iii) helping to determine possible lit21 eracy intervention strategies and related 

22 special needs of the student; and 

23 (C) in the case of young children, is con24 ducted after a screening assessment that identi25 fies potential risks or a lack of school preparedVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
20 

•S 2740 IS

1 ness, including language and literacy develop2 ment, or delayed development. 

3 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means— 

5 (A) when used with respect to children 

6 from birth through kindergarten entry— 

7 (i) 1 or more local educational agen8 cies providing early learning programs, or 

9 1 or more public or private early learning 

10 programs, serving children from birth 

11 through kindergarten entry, such as a 

12 Head Start program, a child care program, 

13 a State-funded prekindergarten program, a 

14 public library program, or a family literacy 

15 program, that has a demonstrated record 

16 of providing effective literacy instruction 

17 for the age group such agency or program 

18 proposes to serve under section 9; or 

19 (ii) 1 or more local educational agen20 cies providing early learning programs, or 

21 1 or more public or private early learning 

22 programs, serving children from birth 

23 through kindergarten entry, such as a 

24 Head Start program, a child care program, 

25 a State-funded prekindergarten program, a 


tjames on DSKG8SOYB1PROD with BILLS
21 

•S 2740 IS

1 public library program, or a family literacy 

2 program, in partnership with 1 or more 

3 public or private nonprofit organizations or 

4 agencies that have a demonstrated record 

5 of effectiveness— 

6 (I) in improving the early literacy 

7 development of children from birth 

8 through kindergarten entry; and 

9 (II) in providing professional de10 velopment aligned with the activities 

11 described in section 9(e)(1); or 

12 (B) when used with respect to students in 

13 kindergarten through grade 12, a local edu14 cational agency, a consortium of local edu15 cational agencies, or a local educational agency 

16 or consortium of local educational agencies act17 ing in partnership with 1 or more public or pri18 vate nonprofit organizations or agencies, which 

19 organizations or agencies shall have a dem20 onstrated record of effectiveness in improving 

21 literacy achievement of students consistent with 

22 the purposes of their participation from kinder23 garten through grade 12 and in providing pro24 fessional development aligned with the activities 


tjames on DSKG8SOYB1PROD with BILLS
22 

•S 2740 IS

1 described in subparagraphs (C) and (D) of sec2 tion 10(b)(1), that— 

3 (i) is among or consists of the local 

4 educational agencies in the State with the 

5 highest numbers or percentages of stu6 dents reading or writing below grade level, 

7 based on the most currently available State 

8 assessment data; 

9 (ii) has jurisdiction over a significant 

10 number or percentage of schools that are 

11 identified for school improvement under 

12 section 1116(b) of the Elementary and 

13 Secondary Education Act of 1965 (20 

14 U.S.C. 6316(b)); or 

15 (iii) has the highest numbers or per16 centages of children who are counted under 

17 section 1124(c) of the Elementary and 

18 Secondary Education Act of 1965 (20 

19 U.S.C. 6333(c)), in comparison to other 

20 local educational agencies in the State. 

21 (6) ENGLISH LANGUAGE ACQUISITION.— 

22 (A) IN GENERAL.—The term ‘‘English lan23 guage acquisition’’ means the process by which 

24 a non-native English speaker acquires proVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
23 

•S 2740 IS

1 ficiency in speaking, listening, reading, and 

2 writing the English language. 

3 (B) INCLUSIONS FOR ENGLISH LANGUAGE

4 LEARNERS IN SCHOOL.—For an English lan5 guage learner in school, such term includes not 

6 only the social language proficiency needed to 

7 participate in the school environment, but also 

8 the academic language proficiency needed to ac9 quire literacy and academic content and dem10 onstrate the student’s learning. 

11 (7) ESSENTIAL COMPONENTS OF READING IN12 STRUCTION.—The term ‘‘essential components of 

13 reading instruction’’ means developmentally appro14 priate, contextually explicit, systematic instruction, 

15 and frequent practice, in reading across content 

16 areas. 

17 (8) ESSENTIAL COMPONENTS OF WRITING IN18 STRUCTION.—The term ‘‘essential components of 

19 writing instruction’’ means developmentally appro20 priate and contextually explicit instruction, and fre21 quent practice, in writing across content areas. 

22 (9) FAMILY LITERACY SERVICES.—The term 

23 ‘‘family literacy services’’ means literacy services 

24 provided on a voluntary basis that are of sufficient 


tjames on DSKG8SOYB1PROD with BILLS
24 

•S 2740 IS

1 intensity in terms of hours and duration and that in2 tegrate all of the following activities: 

3 (A) Interactive literacy activities between 

4 or among parents and their children, including 

5 parent literacy training. 

6 (B) Training for parents regarding how to 

7 be the primary teacher for their children and 

8 full partners in the education of their children. 

9 (10) FORMATIVE ASSESSMENT.—The term 

10 ‘‘formative assessment’’ means a process that— 

11 (A) is teacher-generated or selected by 

12 teachers and students during instructional 

13 learning; 

14 (B) is embedded within the learning activ15 ity and linked directly to the current unit of in16 struction; and 

17 (C) provides feedback to adjust ongoing 

18 teaching and learning to improve students’ 

19 achievement of intended instructional outcomes. 

20 (11) HIGH QUALITY PROFESSIONAL DEVELOP21 MENT.—The term ‘‘high quality professional devel22 opment’’ means professional development that— 

23 (A) is job-embedded, ongoing, and based 

24 on scientifically valid research; 


tjames on DSKG8SOYB1PROD with BILLS
25 

•S 2740 IS

1 (B) is sustained, intensive, and classroom2 focused, and is not limited in scope to a 1-day 

3 or short-term workshop or conference; 

4 (C) is designed to increase the knowledge 

5 and expertise of teachers, principals, and other 

6 school leaders in applying— 

7 (i) the characteristics of effective lit8 eracy instruction; 

9 (ii) the essential components of read10 ing instruction; 

11 (iii) the essential components of writ12 ing instruction; and 

13 (iv) instructional strategies and prac14 tices that are appropriate to the needs of 

15 children and improve student learning, in16 cluding strategies and practices consistent 

17 with the principles of universal design for 

18 learning; 

19 (D) includes and supports teachers, in ef20 fectively administering age and developmentally 

21 appropriate assessments, and in analyzing the 

22 teachers’ student learning data as the teachers 

23 implement the characteristics of effective lit24 eracy instruction to improve student literacy, 


tjames on DSKG8SOYB1PROD with BILLS
26 

•S 2740 IS

1 for the purposes of planning, monitoring, adapt2 ing, and improving classroom instruction; 

3 (E) supports the characteristics of effective 

4 literacy instruction through core academic sub5 jects, and through career and technical edu6 cation subjects where such career and technical 

7 education subjects provide for the integration of 

8 core academic subjects; 

9 (F) includes explicit instruction in dis10 cipline-specific thinking and how to read and 

11 interpret discipline-specific text structures and 

12 features; 

13 (G) includes instructional strategies uti14 lizing one-to-one, small group, and classroom15 based instructional materials and approaches 

16 based on scientifically valid research on literacy; 

17 (H) provides ongoing instructional literacy 

18 coaching— 

19 (i) to ensure high quality implementa20 tion of effective practices of literacy in21 struction that is content centered, collabo22 rative, and school and classroom embed23 ded; and 

24 (ii) that uses student data to improve 

25 instruction; 


tjames on DSKG8SOYB1PROD with BILLS
27 

•S 2740 IS

1 (I) includes and supports teachers in set2 ting high reading and writing achievement goals 

3 for all students and provides the teachers with 

4 the instructional tools and skills to help stu5 dents reach such goals; and 

6 (J) is differentiated for educators working 

7 with children from birth through kindergarten 

8 entry, students in kindergarten through grade 

9 5, and students in grades 6 through 12, and, as 

10 appropriate, by student grade or student need. 

11 (12) LITERACY COACH.—The term ‘‘literacy 

12 coach’’ means a professional— 

13 (A) who— 

14 (i) has previous teaching experience 

15 and— 

16 (I) a master’s degree with a con17 centration in reading and writing edu18 cation; 

19 (II) has demonstrated proficiency 

20 in teaching reading or writing in a 

21 core academic subject consistent with 

22 the characteristics of effective literacy 

23 instruction; or 

24 (III) in the case of a literacy 

25 coach for children from birth through 


tjames on DSKG8SOYB1PROD with BILLS
28 

•S 2740 IS

1 kindergarten entry, a concentration, 

2 credential, or significant experience in 

3 child development and early literacy 

4 development; and 

5 (ii) is able to demonstrate the ability 

6 to help teachers— 

7 (I) apply research on how stu8 dents become successful readers, writ9 ers, and communicators; 

10 (II) apply multiple forms of as11 sessment to guide instructional deci12 sionmaking and use data to improve 

13 literacy instruction; 

14 (III) improve student writing and 

15 reading in and across content areas 

16 such as mathematics, science, social 

17 studies, and language arts; 

18 (IV) develop and implement dif19 ferentiated instruction to serve the 

20 needs of the full range of learners, in21 cluding English language learners and 

22 children with disabilities; 

23 (V) apply principles of universal 

24 design for learning; 


tjames on DSKG8SOYB1PROD with BILLS
29 

•S 2740 IS

1 (VI) employ best practices in en2 gaging principals, teachers, and other 

3 professionals supporting literacy in4 struction to change school cultures to 

5 better encourage and support literacy 

6 development and achievement; and 

7 (VII) set high reading and writ8 ing achievement goals for all students 

9 and select, acquire, and use instruc10 tional tools and skills to help students 

11 reach such goals; and 

12 (B) whose role with teachers and profes13 sionals supporting literacy instruction is— 

14 (i) to provide high quality professional 

15 development; 

16 (ii) to work cooperatively and collabo17 ratively with principals, teachers, and other 

18 professionals in employing strategies to 

19 help teachers identify and support student 

20 literacy needs and teach literacy across the 

21 content areas; and 

22 (iii) to work cooperatively and collabo23 ratively with other professionals in employ24 ing strategies to help teachers teach lit25 eracy across the content areas so that the 


tjames on DSKG8SOYB1PROD with BILLS
30 

•S 2740 IS

1 teachers can meet the needs of all stu2 dents, including children with disabilities, 

3 English language learners, and students 

4 who are reading at or above grade level. 

5 (13) LOCAL EDUCATIONAL AGENCY.—The term 

6 ‘‘local educational agency’’— 

7 (A) has the meaning given the term in sec8 tion 9101 of the Elementary and Secondary 

9 Education Act of 1965; and 

10 (B) includes any public charter school that 

11 constitutes a local educational agency under 

12 State law. 

13 (14) MULTITIER SYSTEM OF SUPPORT.—The 

14 term ‘‘multitier system of support’’ means a com15 prehensive and differentiated system of support that 

16 includes evidence-based instruction, universal screen17 ing, progress monitoring, formative assessments, 

18 summative assessments, research-based interventions 

19 matched to student needs, and educational decision20 making using academic progress over time. 

21 (15) READING.—The term ‘‘reading’’ means a 

22 complex system of deriving meaning from print that 

23 requires, in ways that are developmentally, content, 

24 and contextually appropriate, all of the following: 


tjames on DSKG8SOYB1PROD with BILLS
31 

•S 2740 IS

1 (A) PHONEMES.—The skills and knowl2 edge to understand how phonemes, or speech 

3 sounds, are connected to print. 

4 (B) ACCURACY, FLUENCY, AND UNDER5 STANDING.—The ability to read accurately, flu6 ently, and with understanding. 

7 (C) READING COMPREHENSION.—The use 

8 of background knowledge and vocabulary to 

9 make meaning from a text. 

10 (D) ACTIVE STRATEGIES.—The develop11 ment and use of appropriate active strategies to 

12 interpret and construct meaning from print. 

13 (E) ENGAGED AND SELF-DIRECTED READ14 ER.—The development and maintenance of an 

15 engaged and self-directed reader. 

16 (16) SCHOOL LEADER.—The term ‘‘school lead17 er’’ means an individual who— 

18 (A) is an employee or officer of a school; 

19 and 

20 (B) is responsible for— 

21 (i) the school’s performance; and 

22 (ii) the daily instructional and mana23 gerial operations of the school. 

24 (17) SCIENTIFICALLY VALID RESEARCH.—The 

25 term ‘‘scientifically valid research’’ has the meaning 


tjames on DSKG8SOYB1PROD with BILLS
32 

•S 2740 IS

1 given the term in section 200 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1021). 

3 (18) SCREENING ASSESSMENT.—The term 

4 ‘‘screening assessment’’ means an assessment that— 

5 (A) is valid, reliable, and based on scientif6 ically valid research on literacy and English lan7 guage acquisition; and 

8 (B) is a procedure designed as a first step 

9 in identifying children who may be at high risk 

10 for delayed development or academic failure and 

11 in need of further diagnosis of the children’s 

12 need for special services or additional literacy 

13 instruction. 

14 (19) STATE.—In this section the term ‘‘State’’ 

15 has the meaning given the term in section 103 of the 

16 Higher Education Act of 1965 (20 U.S.C. 1003). 

17 (20) STATE LITERACY LEADERSHIP TEAM.— 

18 (A) IN GENERAL.—The term ‘‘State lit19 eracy leadership team’’ means a team that— 

20 (i) is appointed and coordinated by 

21 the State educational agency; 

22 (ii) assumes the responsibility to guide 

23 the development and implementation of a 

24 statewide, comprehensive literacy plan; 


tjames on DSKG8SOYB1PROD with BILLS
33 

•S 2740 IS

1 (iii) is composed of not less than 11 

2 individuals; 

3 (iv) shall include— 

4 (I) at least 3 individuals who 

5 have literacy expertise in one of each 

6 of the areas of— 

7 (aa) birth through school 

8 entry, such as the State Head 

9 Start collaboration director; 

10 (bb) school entry through 

11 grade 5; and 

12 (cc) grade 6 to grade 12; 

13 (II) a school principal; 

14 (III) a teacher with literacy ex15 pertise or an administrator with spe16 cial education and literacy expertise; 

17 (IV) a teacher or administrator 

18 with expertise in teaching the English 

19 language to English language learn20 ers; 

21 (V) a representative from the 

22 State educational agency who oversees 

23 literacy initiatives; and 

24 (VI) a representative from higher 

25 education who is actively involved in 


tjames on DSKG8SOYB1PROD with BILLS
34 

•S 2740 IS

1 research, development, or teacher 

2 preparation in literacy instruction and 

3 intervention based on scientifically 

4 valid research; and 

5 (v) may include— 

6 (I) a literacy specialist serving in 

7 a school district within the State; 

8 (II) a literacy coach; 

9 (III) a library media specialist; 

10 (IV) a representative from the 

11 family literacy community; 

12 (V) a representative from a State 

13 child-serving agency with expertise in 

14 literacy instruction; 

15 (VI) a school counselor; 

16 (VII) a teacher of a core aca17 demic subject; 

18 (VIII) a special education admin19 istrator; 

20 (IX) a college or university pro21 fessor; 

22 (X) a parent; 

23 (XI) a business leader; 

24 (XII) a representative from the 

25 Governor’s office; 


tjames on DSKG8SOYB1PROD with BILLS
35 

•S 2740 IS

1 (XIII) a representative from the 

2 State board of education; 

3 (XIV) a representative from the 

4 State legislature; 

5 (XV) a nonprofit and community 

6 based organization providing literacy 

7 instruction and support; and 

8 (XVI) a representative from a 

9 school district superintendent’s office. 

10 (B) INCLUSION OF A PREEXISTING PART11 NERSHIP.—If, before the date of enactment of 

12 this Act, a State educational agency established 

13 a consortium, partnership, or any other similar 

14 body that was considered a literacy partnership 

15 for purposes of subpart 1 or 2 of part B of title 

16 I of the Elementary and Secondary Education 

17 Act of 1965 (20 U.S.C. 6361 et seq., 6371 et 

18 seq.) and that includes the individuals required 

19 under subparagraph (A)(iv), such consortium, 

20 partnership, or body may be considered a State 

21 literacy leadership team for purposes of sub22 paragraph (A). 

23 (21) SUMMATIVE ASSESSMENT.—The term 

24 ‘‘summative assessment’’ means an assessment 

25 that— 


tjames on DSKG8SOYB1PROD with BILLS
36 

•S 2740 IS

1 (A) is valid, reliable, and based on scientif2 ically valid research on literacy and English lan3 guage acquisition; and 

4 (B) measures what students have learned 

5 over time, relative to academic content stand6 ards. 

7 (22) UNIVERSAL DESIGN FOR LEARNING.—The 

8 term ‘‘universal design for learning’’ has the mean9 ing given the term in section 103 of the Higher 

10 Education Act of 1965. 

11 (23) WRITING.—The term ‘‘writing’’ means— 

12 (A) composing meaning in print or through 

13 other media, including technologies, to commu14 nicate and to create new knowledge in ways ap15 propriate to the context of the writing and the 

16 literacy development stage of the writer; 

17 (B) composing ideas individually and col18 laboratively in ways that are appropriate for a 

19 variety of purposes, audiences, and occasions; 

20 (C) choosing vocabulary, tone, genre, and 

21 conventions, such as spelling and punctuation, 

22 suitable to the purpose, audience, and occasion; 

23 and 


tjames on DSKG8SOYB1PROD with BILLS
37 

•S 2740 IS

1 (D) revising compositions for clarity of 

2 ideas, coherence, logical development, and preci3 sion of language use. 

4 SEC. 5. PROGRAM AUTHORIZED. 

5 (a) IN GENERAL.—The Secretary is authorized— 

6 (1) to award State planning grants in accord7 ance with section 6; and 

8 (2) to award State implementation grants in ac9 cordance with section 7 to enable the State edu10 cational agency to— 

11 (A) carry out the State activities described 

12 in section 8; 

13 (B) award subgrants to eligible entities in 

14 accordance with section 9; and 

15 (C) award subgrants to eligible entities in 

16 accordance with section 10. 

17 (b) AWARDS TO STATE EDUCATIONAL AGENCIES.— 

18 (1) AMOUNTS LESS THAN $500,000,000.—If the 

19 amount appropriated under section 14 for a fiscal 

20 year is less than $500,000,000, then the Secretary 

21 shall— 

22 (A) reserve not more than a total of 5 per23 cent of such amount for the national evaluation, 

24 dissemination of information, and technical as25 sistance under section 11; 


tjames on DSKG8SOYB1PROD with BILLS
38 

•S 2740 IS

1 (B) reserve not more than 5 percent to 

2 award planning grants, on a competitive basis, 

3 to State educational agencies serving States, in 

4 accordance with section 6; and 

5 (C) use the amount not reserved under 

6 subparagraphs (A) and (B) to make awards, on 

7 a competitive basis, to State educational agen8 cies serving States that have applications ap9 proved under section 7 to enable the State edu10 cational agencies to carry out sections 7 and 8. 

11 (2) AMOUNTS EQUAL TO OR EXCEEDING

12 $500,000,000.— 

13 (A) IN GENERAL.—If the amount appro14 priated under section 14 for a fiscal year equals 

15 or exceeds $500,000,000, then the Secretary 

16 shall— 

17 (i) reserve a total of 1 percent of such 

18 amount for— 

19 (I) allotments for the United 

20 States Virgin Islands, Guam, Amer21 ican Samoa, and the Commonwealth 

22 of the Northern Mariana Islands, to 

23 be distributed among such outlying 

24 areas on the basis of their relative 

25 need, as determined by the Secretary 


tjames on DSKG8SOYB1PROD with BILLS
39 

•S 2740 IS

1 in accordance with the purposes of 

2 this Act; and 

3 (II) the Secretary of the Interior 

4 for programs under sections 6, 7, 8, 

5 9, and 10 in schools operated or fund6 ed by the Bureau of Indian Edu7 cation; and 

8 (ii) reserve not more than 5 percent to 

9 award planning grants, to State edu10 cational agencies serving States, in accord11 ance with section 6; 

12 (iii) reserve not more than 5 percent 

13 for the national evaluation, dissemination 

14 of information, and technical assistance 

15 under section 11; and 

16 (iv) use the amount not reserved 

17 under clauses (i), (ii), and (iii) to make an 

18 award, from allotments under subpara19 graph (C), to State educational agencies 

20 serving States that have applications ap21 proved under section 7 to enable the State 

22 educational agencies to carry out sections 

23 7 and 8. 

24 (B) SPECIAL RULES.— 


tjames on DSKG8SOYB1PROD with BILLS
40 

•S 2740 IS

1 (i) PROPORTIONAL DIVISION.—In 

2 each fiscal year, the amount reserved 

3 under subparagraph (A)(i) shall be divided 

4 between the uses described in subclauses 

5 (I) and (II) of subparagraph (A)(i) in the 

6 same proportion as the amount reserved 

7 under section 1121(a) of the Elementary 

8 and Secondary Education Act of 1965 (20 

9 U.S.C. 6331(a)) is divided between the 

10 uses described in paragraphs (1) and (2) 

11 of such section 1121(a) for such fiscal 

12 year. 

13 (ii) CONSULTATION.—A State edu14 cational agency that receives an allotment 

15 under this paragraph shall engage in time16 ly and meaningful consultation with rep17 resentatives of Indian tribes located in the 

18 State in order to improve the coordination 

19 and quality of activities designed to de20 velop effective approaches to achieve the 

21 purposes of the Act consistent with the 

22 cultural, language, and educational needs 

23 of Indian students. 

24 (C) STATE ALLOTMENT FORMULA.—The 

25 Secretary shall allot the amount made available 


tjames on DSKG8SOYB1PROD with BILLS
41 

•S 2740 IS

1 under subparagraph (A)(iv) for a fiscal year 

2 among the States in proportion to the number 

3 of children, from birth through age 17, who re4 side within the State and are from families with 

5 incomes below the poverty line for the most re6 cent fiscal year for which satisfactory data are 

7 available, compared to the number of such chil8 dren who reside in all States for that fiscal 

9 year. 

10 (3) MINIMUM AWARD AMOUNT.—No State edu11 cational agency receiving an award under this sec12 tion for a fiscal year may receive less than one13 fourth of 1 percent of the total amount appropriated 

14 under section 14 for the fiscal year. 

15 (c) PEER REVIEW.— 

16 (1) IN GENERAL.—The Secretary shall convene 

17 a peer review panel to evaluate the application for 

18 each grant awarded to a State educational agency 

19 under sections 6 and 7 using the evaluation criteria 

20 described in paragraph (2). 

21 (2) DEVELOPMENT OF EVALUATION CRI22 TERIA.—The Secretary shall report to Congress the 

23 peer review process and evaluation criteria that shall 

24 be used to evaluate the grant applications under sec25 tions 6 and 7. 


tjames on DSKG8SOYB1PROD with BILLS
42 

•S 2740 IS

1 (3) MEMBERSHIP.— 

2 (A) COMPOSITION.—A peer review panel 

3 convened under paragraph (1) shall be com4 posed of not less than 9 members, of whom— 

5 (i) 3 shall be appointed by the Sec6 retary; 

7 (ii) 3 shall be appointed by the Sec8 retary from among individuals— 

9 (I) recommended by the Chair10 man of the National Research Council 

11 of the National Academy of Sciences; 

12 and 

13 (II) with expertise in literacy in14 struction and learning at various de15 velopmental stages; and 

16 (iii) 3 shall be appointed by the Sec17 retary from among individuals— 

18 (I) recommended by the Director 

19 of the National Institute of Child 

20 Health and Human Development; and 

21 (II) with expertise concerning lit22 eracy development from birth through 

23 grade 12. 


tjames on DSKG8SOYB1PROD with BILLS
43 

•S 2740 IS

1 (B) COMPETENCY AND EXPERTISE; EX2 PERTISE.—The peer review panel appointed 

3 under this paragraph may include— 

4 (i) classroom teachers with expertise 

5 in literacy, and literacy coaches, includ6 ing— 

7 (I) special education teachers; 

8 (II) teachers of students who are 

9 English language learners; and 

10 (III) early childhood educators 

11 who provide high quality professional 

12 development in child language and lit13 eracy development; 

14 (ii) experts who provide high-quality 

15 professional development to individuals 

16 who teach literacy to children, students, 

17 teachers, and other instructional staff; 

18 (iii) experts in the assessment of read19 ing and writing; and 

20 (iv) experts in reading and writing, 

21 language development, and English lan22 guage acquisition, (as appropriate), includ23 ing reading and writing in core academic 

24 subjects. 


tjames on DSKG8SOYB1PROD with BILLS
44 

•S 2740 IS

1 (4) DISTRIBUTION OF RECOMMENDATIONS.— 

2 Not later than 120 days after a peer review panel 

3 submits to the Secretary the panel’s recommenda4 tion regarding an application by a State educational 

5 agency for a grant under section 6 or 7, the Sec6 retary shall notify the State educational agency that 

7 the application has been approved or disapproved 

8 and shall provide to such State educational agency 

9 a copy of the peer review panel’s recommendation. 

10 (d) SUPPLEMENT NOT SUPPLANT.—Award funds 

11 provided under this Act shall supplement, and not sup12 plant, non-Federal funds that would, in the absence of 

13 such award funds, be made available for literacy instruc14 tion and support of pupils participating in programs as15 sisted under this Act. 

16 (e) MAINTENANCE OF EFFORT.—Each State edu17 cational agency that receives an award under this section, 

18 and each eligible entity that receives a subgrant under sec19 tion 9 or 10, shall maintain for the fiscal year for which 

20 the grant or subgrant is received and for each subsequent 

21 fiscal year the expenditures of the State educational agen22 cy or eligible entity, respectively, for literacy instruction 

23 at a level not less than the level of such expenditures main24 tained by the State educational agency or eligible entity, 


tjames on DSKG8SOYB1PROD with BILLS
45 

•S 2740 IS

1 respectively, for the fiscal year preceding such fiscal year 

2 for which the grant or subgrant is received. 

3 SEC. 6. STATE PLANNING GRANTS. 

4 (a) PLANNING GRANTS AUTHORIZED.— 

5 (1) IN GENERAL.—From amounts made avail6 able under paragraphs (1)(B) and (2)(A)(ii) of sec7 tion 5(b), the Secretary may award planning grants 

8 to State educational agencies to enable the State 

9 educational agencies to complete comprehensive 

10 planning to carry out activities that improve literacy 

11 for children and students from birth through grade 

12 12. 

13 (2) GRANT PERIOD.—A planning grant awarded 

14 under this section shall be for a period of not more 

15 than 1 year. 

16 (3) NONRENEWABILITY.—The Secretary shall 

17 not award a State educational agency more than 1 

18 planning grant under this section. 

19 (b) APPLICATION.— 

20 (1) IN GENERAL.—Each State educational 

21 agency desiring a planning grant under this section 

22 shall submit an application to the Secretary at such 

23 time, in such manner, and accompanied by such in24 formation as the Secretary may require. 


tjames on DSKG8SOYB1PROD with BILLS
46 

•S 2740 IS

1 (2) CONTENTS.—Each application submitted 

2 under this subsection shall, at a minimum, include 

3 a description of how the State educational agency 

4 proposes to use the planning grant funds awarded 

5 under this section to develop a plan for improving 

6 State efforts to develop, coordinate, and implement 

7 comprehensive literacy activities that ensure high 

8 quality instruction in reading and writing for all stu9 dents in early learning programs (serving children 

10 from birth through kindergarten entry) through 

11 grade 12 programs, with a particular focus on stu12 dents who are reading or writing below grade level 

13 and children whose early literacy skills are below the 

14 appropriate age or developmental level. Such plan 

15 for improvement shall— 

16 (A) describe the activities for which assist17 ance under this section is sought; 

18 (B) provide a budget for the use of the 

19 planning grant funds to complete the required 

20 activities described in subsection (c); 

21 (C) include an assessment of child and stu22 dent literacy data to identify baseline and 

23 benchmark levels to monitor progress and im24 provement; and 


tjames on DSKG8SOYB1PROD with BILLS
47 

•S 2740 IS

1 (D) provide an assurance that the State 

2 agency responsible for administering early 

3 childhood education programs and the State 

4 agency responsible for administering child care 

5 programs collaborated with the State edu6 cational agency to write the early learning por7 tion of the grant application submitted under 

8 this subsection. 

9 (3) APPROVAL OF APPLICATIONS.— 

10 (A) IN GENERAL.—The Secretary, in con11 sultation with the peer review panel described 

12 in subparagraph (B), shall evaluate State edu13 cational agency applications under this sub14 section based on the responsiveness of the ap15 plications to the application requirements under 

16 this subsection. 

17 (B) PEER REVIEW.—The Secretary shall 

18 convene a peer review panel in accordance with 

19 section 5(c) to evaluate planning grant applica20 tions under this section. 

21 (c) REQUIRED ACTIVITIES.—A State educational 

22 agency receiving planning grant funds under this section 

23 shall carry out each of the following activities: 

24 (1) REVIEW.—Reviewing reading, writing, or 

25 other literacy resources, programs, and data across 


tjames on DSKG8SOYB1PROD with BILLS
48 

•S 2740 IS

1 the State to identify any literacy needs and gaps in 

2 the State. 

3 (2) STATE LITERACY LEADERSHIP TEAM.— 

4 Forming or designating a State literacy leadership 

5 team which shall execute the following functions: 

6 (A) COMPREHENSIVE STATE LITERACY

7 PLAN.—Creating a comprehensive State literacy 

8 plan that— 

9 (i) is designed to improve reading, 

10 writing, and academic achievement for chil11 dren and students, especially those reading 

12 below grade level; 

13 (ii) includes a needs assessment and 

14 an implementation plan, including an anal15 ysis of child and student literacy data to 

16 identify baseline and benchmark levels of 

17 literacy and early literacy skills in order to 

18 monitor progress and improvement, and a 

19 plan to improve literacy levels among all 

20 children and students; 

21 (iii) ensures high quality instruction 

22 in reading and writing in early learning 

23 programs (serving children from birth 

24 through kindergarten entry) through grade 

25 12 programs; 


tjames on DSKG8SOYB1PROD with BILLS
49 

•S 2740 IS

1 (iv) provides for activities designed to 

2 improve literacy achievement for students 

3 who— 

4 (I) read or write below grade 

5 level; 

6 (II) attend schools that are iden7 tified for school improvement under 

8 section 1116(b) of the Elementary 

9 and Secondary Education Act of 1965 

10 (20 U.S.C. 6316(b)); and 

11 (III) are counted under section 

12 1124(c) of the Elementary and Sec13 ondary Education Act of 1965 (20 

14 U.S.C. 6333(c)); and 

15 (v) is submitted to the Secretary. 

16 (B) STANDARDS.—Providing recommenda17 tions to guide the State educational agency in 

18 the State educational agency’s process of 

19 strengthening State literacy standards and em20 bedding State literacy standards with the 

21 State’s challenging academic content standards, 

22 academic achievement standards, and early 

23 learning and development standards. 

24 (C) PROGRESS.—Providing recommenda25 tions to guide the State educational agency in 


tjames on DSKG8SOYB1PROD with BILLS
50 

•S 2740 IS

1 the State educational agency’s process of meas2 uring, assessing, and monitoring progress in lit3 eracy at the school, local educational agency, 

4 and State levels. 

5 (D) CRITERIA.—Identifying criteria for 

6 high quality professional development providers, 

7 which providers may include qualified teachers 

8 within the State, for the State educational 

9 agency and local educational agencies. 

10 (E) DATA.—Advising the State educational 

11 agency on how to help ensure that local edu12 cational agencies and schools provide timely and 

13 appropriate data to teachers to inform and im14 prove instruction. 

15 (F) EDUCATOR CAPACITY.—Providing rec16 ommendations to guide the State educational 

17 agency in the State educational agency’s plan18 ning process of building educators’ capacity to 

19 provide high quality literacy instruction. 

20 (3) REPORTING REQUIREMENT.—Not later than 

21 1 year after a State educational agency receives a 

22 planning grant under this section, the State edu23 cational agency shall submit a report to the Sec24 retary on the State educational agency’s perform25 ance of the activities described in this subsection. 


tjames on DSKG8SOYB1PROD with BILLS
51 

•S 2740 IS

1 SEC. 7. STATE IMPLEMENTATION GRANTS. 

2 (a) IMPLEMENTATION GRANTS AUTHORIZED.— 

3 (1) IN GENERAL.—From awards made available 

4 under section 5(b), the Secretary shall, on a com5 petitive basis, award implementation grants to State 

6 educational agencies to enable the State educational 

7 agencies— 

8 (A) to implement the comprehensive lit9 eracy plan that meets the criteria in section 

10 6(c)(2)(A) for early learning programs (serving 

11 children from birth through kindergarten entry) 

12 through grade 12 programs; 

13 (B) to carry out State activities under sec14 tion 8; and 

15 (C) to award subgrants under sections 9 

16 and 10. 

17 (2) DURATION OF GRANTS.—An implementa18 tion grant under this section shall be awarded for a 

19 period of not more than 5 years. 

20 (3) RENEWALS.— 

21 (A) IN GENERAL.—Implementation grants 

22 under this section may be renewed. 

23 (B) CONDITIONS.—In order to be eligible 

24 to have an implementation grant renewed under 

25 this paragraph, the State educational agency 


tjames on DSKG8SOYB1PROD with BILLS
52 

•S 2740 IS

1 shall demonstrate, to the satisfaction of the 

2 Secretary, that— 

3 (i) the State educational agency has 

4 complied with the terms of the grant in5 cluding by undertaking all required activi6 ties; and 

7 (ii) during the period of the grant 

8 there has been significant progress in stu9 dent literacy achievement, as measured by 

10 appropriate assessments, including in 

11 meeting the measurable annual objectives 

12 established pursuant to section 

13 1111(b)(2)(C)(v) of the Elementary and 

14 Secondary Education Act of 1965 (20 

15 U.S.C. 6311(b)(2)(C)(v)), for students in 

16 kindergarten through grade 12. 

17 (b) STATE APPLICATIONS.— 

18 (1) IN GENERAL.—A State educational agency 

19 that desires to receive an implementation grant 

20 under this section shall submit an application to the 

21 Secretary at such time, in such manner, and con22 taining such information as the Secretary may re23 quire. The State educational agency shall collaborate 

24 with the State agency responsible for administering 

25 early childhood education programs and the State 


tjames on DSKG8SOYB1PROD with BILLS
53 

•S 2740 IS

1 agency responsible for administering child care pro2 grams in the State in writing and implementing the 

3 early learning portion of the grant application under 

4 this subsection. 

5 (2) CONTENTS.—An application described in 

6 paragraph (1) shall include the following: 

7 (A) STATE LITERACY LEADERSHIP TEAM; 

8 COMPREHENSIVE STATE LITERACY LEADERSHIP

9 PLAN.—A description of the members of the 

10 State literacy leadership team and a description 

11 of how the State educational agency has devel12 oped a comprehensive State literacy plan, as de13 scribed in section 6. 

14 (B) IMPLEMENTATION.—An implementa15 tion plan that includes a description of how the 

16 State educational agency will— 

17 (i) carry out the State activities de18 scribed in section 8; 

19 (ii) assist eligible entities with— 

20 (I) providing strategic and inten21 sive literacy instruction based on sci22 entifically valid research for students 

23 who are reading and writing below 

24 grade level, including through the use 

25 of multitiered systems of support, inVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
54 

•S 2740 IS

1 cluding addressing the literacy needs 

2 of children and youth with disabilities 

3 or developmental delays and English 

4 language learners in early learning 

5 programs (serving children from birth 

6 through kindergarten entry) and pro7 grams serving students from birth 

8 through grade 12; 

9 (II) providing training to par10 ents, as appropriate, so that the par11 ents can participate in the literacy re12 lated activities described in sections 9 

13 and 10 to assist in the language and 

14 literacy development of their children; 

15 (III) selecting and using reading 

16 and writing assessments; 

17 (IV) providing classroom-based 

18 instruction that is supported by one19 to-one and small group work; 

20 (V) using curricular materials 

21 and instructional tools, which may in22 clude technology, to improve instruc23 tion and literacy achievement; 

24 (VI) providing for high quality 

25 professional development; and 


tjames on DSKG8SOYB1PROD with BILLS
55 

•S 2740 IS

1 (VII) using the principles of uni2 versal design for learning; and 

3 (iii) ensure that local educational 

4 agencies in the State have leveraged and 

5 are effectively leveraging the resources 

6 needed to implement effective literacy in7 struction, and have the capacity to imple8 ment literacy initiatives effectively; 

9 (iv) continually coordinate and align 

10 the activities assisted under this section 

11 and sections 9 and 10 with reading, writ12 ing, and other literacy resources and pro13 grams across the State and locally that 

14 serve children and students and their fami15 lies and promote literacy instruction and 

16 learning, including strengthening partner17 ships among schools, libraries, local youth18 serving agencies, and programs, in order to 

19 improve literacy for all children and youth; 

20 and 

21 (v) ensure that funds provided under 

22 this section are awarded in a manner that 

23 will provide services to all grade levels, in24 cluding proportionally to middle schools 

25 and high schools. 


tjames on DSKG8SOYB1PROD with BILLS
56 

•S 2740 IS

1 (C) KEY DATA METRICS.—A description of 

2 the key data metrics that will be used and re3 ported annually under section 12(b)(1)(E), 

4 which shall include progress in meeting the an5 nual objectives established pursuant to section 

6 1111(b)(2)(C)(v) of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 

8 6311(b)(2)(C)(v)), for students in third grade 

9 through grade 12. 

10 (D) NATIONAL EVALUATION.—An assur11 ance that the State educational agency, and any 

12 eligible entity receiving a subgrant from the 

13 State educational agency under section 9 or 10, 

14 will, if requested, participate in the national 

15 evaluation under section 11. 

16 (E) LITERACY PROGRAMS.—An assurance 

17 that the State educational agency will use im18 plementation grant funds for literacy programs 

19 as follows: 

20 (i) LEARNERS FROM BIRTH THROUGH

21 KINDERGARTEN ENTRY.—Not less than 10 

22 percent of such grant funds shall be used 

23 for State and local programs and activities 

24 pertaining to learners from birth through 

25 kindergarten entry. 


tjames on DSKG8SOYB1PROD with BILLS
57 

•S 2740 IS

1 (ii) STUDENTS IN KINDERGARTEN

2 THROUGH GRADE 5.—Not less than 40 

3 percent of such implementation grant 

4 funds shall be used for State and local pro5 grams and activities allocated equitably 

6 among grades kindergarten through grade 

7 5. 

8 (iii) STUDENTS IN GRADES 6

9 THROUGH 12.—Not less than 40 percent of 

10 such implementation grant funds shall be 

11 used for State and local programs and ac12 tivities, allocated equitably among grades 6 

13 through 12. 

14 (iv) STATE ACTIVITIES.—Not more 

15 than 10 percent of such implementation 

16 grant funds shall be used for the State ac17 tivities described in section 8. 

18 (F) PRIORITY.—An assurance that the 

19 State educational agency shall give priority to 

20 awarding a subgrant to an eligible entity— 

21 (i) under section 9 based on the num22 ber or percentage of children younger than 

23 school entry and the number of students 

24 from birth through 17 who are— 


tjames on DSKG8SOYB1PROD with BILLS
58 

•S 2740 IS

1 (I) served by the eligible entity; 

2 and 

3 (II) from families with income 

4 below the poverty level, based on the 

5 most recent satisfactory data provided 

6 to the Secretary by the Bureau of the 

7 Census for determining eligibility 

8 under section 1124(c)(1)(A) of the El9 ementary and Secondary Education 

10 Act of 1965 (20 U.S.C. 

11 6333(c)(1)(A)); and 

12 (ii) under section 10 based on— 

13 (I) the number or percentage de14 scribed in clause (i); and 

15 (II) the number or percentage of 

16 students served by the eligible entity 

17 that are reading and writing below 

18 grade level according to State assess19 ments. 

20 (c) APPROVAL OF APPLICATIONS.— 

21 (1) IN GENERAL.—The Secretary, in consulta22 tion with the peer review panel established in para23 graph (2), shall evaluate State educational agency 

24 applications under subsection (b) based on the reVerDate Nov 24 2008 22:30 Nov 09, 2009 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
59 

•S 2740 IS

1 sponsiveness of the applications to the application 

2 requirements under such subsection. 

3 (2) PEER REVIEW.—The Secretary shall con4 vene a peer review panel in accordance with section 

5 5(c) to evaluate applications for each implementation 

6 grant awarded to a State educational agency under 

7 this section. 

8 (3) EARLY LEARNING.—In order for a State 

9 educational agency’s application under this section 

10 to be approved by the Secretary, the application 

11 shall contain an assurance that the State agency re12 sponsible for administering early childhood education 

13 programs and the State agency responsible for ad14 ministering child care programs in the State ap15 proves of, and will be extensively consulted in the 

16 implementation of related activities services con17 sistent with section 9 with respect to, the early 

18 learning portion of the application. 

19 SEC. 8. STATE ACTIVITIES. 

20 (a) REQUIRED ACTIVITIES.—A State educational 

21 agency shall use funds made available under section 

22 5(a)(2)(A) and described in section 7(b)(2)(F)(iv) to carry 

23 out the activities proposed in a State’s plan consistent 

24 with section 7(b)(2), including the following activities: 


tjames on DSKG8SOYB1PROD with BILLS
60 

•S 2740 IS

1 (1) CARRYING OUT ASSURANCES AND ACTIVI2 TIES IN APPLICATION.—Carrying out the assurances 

3 and activities provided in the State application 

4 under section 7(b)(2). 

5 (2) TECHNICAL ASSISTANCE.—In consultation 

6 with the State literacy leadership team, providing 

7 technical assistance or engaging qualified providers 

8 to provide technical assistance to eligible entities to 

9 enable the eligible entities to design and implement 

10 a literacy program under sections 9 and 10. 

11 (3) PRESERVICE COURSEWORK REVIEW.—Con12 tinuing to consult with the State literacy leadership 

13 team and continuing to coordinate with institutions 

14 of higher education in the State— 

15 (A) in order to provide recommendations 

16 to strengthen and enhance preservice courses 

17 for students preparing, at institutions of higher 

18 education in the State, to teach children from 

19 birth through grade 12 in explicit, systematic, 

20 and intensive instruction in evidence-based lit21 eracy methods; and 

22 (B) by following up reviews completed by 

23 the State literacy leadership team with rec24 ommendations to ensure that such institutions 

25 offer courses that meet the highest standards. 


tjames on DSKG8SOYB1PROD with BILLS
61 

•S 2740 IS

1 (4) STATE LICENSURE AND CERTIFICATION

2 RECOMMENDATIONS.—Reviewing and updating, in 

3 collaboration with teachers, statewide educational 

4 and professional organizations representing teachers, 

5 and statewide educational and professional organiza6 tions representing institutions of higher education, 

7 State licensure and certification standards in the 

8 area of literacy instruction in early education 

9 through grade 12. 

10 (5) EFFECTIVE PRACTICES.—Making publicly 

11 available, including on the State educational agen12 cy’s website, information on promising instructional 

13 practices to improve student literacy achievement. 

14 (b) PERMISSIVE ACTIVITIES.—After carrying out ac15 tivities described in subsection (a), a State educational 

16 agency may use remaining funds made available under 

17 section 5(a)(2)(A) and described in section 7(b)(2)(F)(iv) 

18 to carry out 1 or more of the following activities: 

19 (1) DATA SYSTEMS TRAINING.—Training the 

20 personnel of eligible entities to use data systems that 

21 track student literacy achievement. 

22 (2) LITERACY COACH TRAINING.—Developing 

23 literacy coach training programs and training lit24 eracy coaches. 


tjames on DSKG8SOYB1PROD with BILLS
62 

•S 2740 IS

1 (3) PUBLIC SUPPORT.—Building public support 

2 among local educational agency personnel, early 

3 childhood education programs, and the community 

4 for comprehensive literacy instruction for children 

5 and students from birth through grade 12. 

6 SEC. 9. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 

7 BIRTH THROUGH KINDERGARTEN ENTRY 

8 LITERACY. 

9 (a) SUBGRANTS.—A State educational agency, in 

10 consultation with the State agency responsible for admin11 istering early childhood education programs and the State 

12 agency responsible for administering child care programs, 

13 shall use implementation grant funds provided under sec14 tion 5(a)(2)(B) to award subgrants, on a competitive 

15 basis, to eligible entities to enable the eligible entities to 

16 support high quality early literacy initiatives for children 

17 from birth through kindergarten entry. 

18 (b) SUFFICIENT SIZE AND SCOPE.—Each subgrant 

19 awarded under this section shall be of sufficient size and 

20 scope to allow the eligible entity to carry out high quality 

21 early literacy initiatives for children from birth through 

22 kindergarten entry. 

23 (c) LOCAL APPLICATIONS.—An eligible entity desir24 ing to receive a subgrant under this section shall submit 

25 an application to the State educational agency, at such 


tjames on DSKG8SOYB1PROD with BILLS
63 

•S 2740 IS

1 time, in such manner, and containing such information as 

2 the State educational agency may require. Such applica3 tion shall include a description of— 

4 (1) how the subgrant funds will be used to en5 hance the language and literacy aspects of school 

6 readiness of children, from birth through kinder7 garten entry, in early childhood education programs, 

8 including an analysis of the data used to identify 

9 how funds will be used to improve language and lit10 eracy; 

11 (2) the programs assisted under the subgrant, 

12 including demographic and socioeconomic informa13 tion on the children enrolled in the programs; 

14 (3) a budget for the eligible entity that projects 

15 the cost of developing and implementing literacy ini16 tiatives to carry out the activities described in sub17 section (e); 

18 (4) how, if the eligible entity is requesting a 

19 planning period, the eligible entity will use that plan20 ning period to prepare for successful implementation 

21 of a plan to support the development of learning and 

22 literacy consistent with the purposes of this Act; 

23 (5) the literacy initiatives, if any, in place and 

24 how these initiatives will be coordinated and inte25 grated with activities supported under this section; 


tjames on DSKG8SOYB1PROD with BILLS
64 

•S 2740 IS

1 (6) how the subgrant funds will be used to pre2 pare and provide ongoing assistance to staff in the 

3 programs, through high quality professional develop4 ment; 

5 (7) how the subgrant funds will be used to pro6 vide services, incorporate activities, and select and 

7 use literacy instructional materials that meet the di8 verse developmental and linguistic needs of children, 

9 including English language learners and children 

10 with disabilities and developmental delays, and that 

11 are based on scientifically valid research on child de12 velopment and learning for children from birth 

13 through kindergarten entry; 

14 (8) how the subgrant funds will be used to 

15 identify assessments or other appropriate meas16 ures— 

17 (A) to effectively identify children who may 

18 be at risk for delayed development or lack of 

19 school preparedness; and 

20 (B) to determine whether such children are 

21 making progress on early literacy skills develop22 ment; 

23 (9) how families and caregivers will be involved, 

24 as appropriate, in supporting their children’s literacy 

25 instruction and assessment; 


tjames on DSKG8SOYB1PROD with BILLS
65 

•S 2740 IS

1 (10) how the subgrant funds will be used to 

2 help children, particularly children experiencing dif3 ficulty with spoken and written language, to make 

4 the transition from early education to formal class5 room instruction; 

6 (11) how the activities assisted under the 

7 subgrant will be coordinated with literacy instruction 

8 at the kindergarten through grade 5 level; 

9 (12) how the subgrant funds will be used— 

10 (A) to evaluate the success of the activities 

11 assisted under the subgrant in enhancing the 

12 early literacy development of children from 

13 birth through kindergarten entry; and 

14 (B) to evaluate data for program improve15 ment; and 

16 (13) such other information as the State edu17 cational agency may require. 

18 (d) APPROVAL OF LOCAL APPLICATIONS.—The State 

19 educational agency, in consultation with the State agency 

20 responsible for administering early childhood education 

21 programs and the State agency responsible for admin22 istering child care programs, shall— 

23 (1) select applications for funding under this 

24 section based on the quality of the applications sub25 mitted, including the relationship between literacy 


tjames on DSKG8SOYB1PROD with BILLS
66 

•S 2740 IS

1 activities proposed and the research base or data 

2 supporting such investments, as appropriate, and the 

3 recommendations of— 

4 (A) the State literacy leadership team; and 

5 (B) other experts in the area of early lit6 eracy; and 

7 (2) place priority for funding programs based 

8 on the criteria in section 7(b)(2)(G). 

9 (e) LOCAL USES OF FUNDS.— 

10 (1) IN GENERAL.—An eligible entity that re11 ceives a subgrant under this section shall use the 

12 subgrant funds consistent with the plan proposed in 

13 subsection (c) to carry out the following activities: 

14 (A) EARLY LEARNING PROGRAMS.—En15 hancing and improving early learning programs 

16 to ensure that children in such programs are 

17 provided with high quality oral language and 

18 literature- and print-rich environments in which 

19 to develop early literacy skills. 

20 (B) PROFESSIONAL DEVELOPMENT.—Pro21 viding high quality professional development. 

22 (C) SCREENING ASSESSMENTS AND MEAS23 URES.—Acquiring, providing training for, and 

24 implementing screening assessments or other 

25 appropriate measures to determine whether 


tjames on DSKG8SOYB1PROD with BILLS
67 

•S 2740 IS

1 children from birth through kindergarten entry 

2 are developing appropriate early language and 

3 literacy skills. 

4 (D) MULTITIER SYSTEM OF SUPPORT.— 

5 Selecting, developing, and implementing a 

6 multitier system of support. 

7 (E) INTEGRATING.—Integrating research8 based instructional materials, activities, tools, 

9 and measures into the programs offered by the 

10 eligible entity to improve development of early 

11 learning language and literacy skills. 

12 (F) TRAINING.—Training providers and 

13 personnel to support, develop, and administer 

14 high quality early learning literacy initiatives 

15 that— 

16 (i) utilize data— 

17 (I) to inform instructional design; 

18 and 

19 (II) to assess literacy needs; and 

20 (ii) provide time and support for per21 sonnel to meet to plan literacy instruction. 

22 (G) FAMILY LITERACY SERVICES.—Pro23 viding for family literacy services, as appro24 priate. 


tjames on DSKG8SOYB1PROD with BILLS
68 

•S 2740 IS

1 (H) DATA.—Annually collecting, summa2 rizing, and reporting to the State educational 

3 agency data— 

4 (i) to document and monitor, for the 

5 purpose of improving or increasing early 

6 literacy and language skills development 

7 pursuant to activities carried out under 

8 this section; 

9 (ii) to stimulate and accelerate im10 provement by identifying the programs 

11 served by the eligible entity that produce 

12 significant gains in skills development; and 

13 (iii) for all subgroups of students and 

14 categories of students, including students 

15 described in section 1111(b)(2)(C)(v)(II) 

16 of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 

18 6311(b)(2)(C)(v)(II)), in a manner that— 

19 (I) utilizes a variety of data; and 

20 (II) is consistent across the 

21 State. 

22 (2) CURRICULA AND ASSESSMENT MATERIALS

23 LIMITATION.—Each eligible entity that receives a 

24 subgrant under this section shall not use more than 


tjames on DSKG8SOYB1PROD with BILLS
69 

•S 2740 IS

1 10 percent of the subgrant funds to purchase cur2 ricula and assessment materials. 

3 (f) PROHIBITION.—The use of assessment items and 

4 data on any assessment authorized under this section to 

5 provide rewards or sanctions for individual children, early 

6 learning providers, teachers, program directors, or prin7 cipals is prohibited. 

8 SEC. 10. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES 

9 IN SUPPORT OF KINDERGARTEN THROUGH 

10 GRADE 12 LITERACY. 

11 (a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN12 CIES.— 

13 (1) SUBGRANTS.—A State educational agency 

14 shall use the implementation grant funds provided 

15 under section 5(a)(2)(C) to award subgrants, on a 

16 competitive basis, to eligible entities to enable the el17 igible entities to carry out the authorized activities 

18 described in subsections (b) and (c). 

19 (2) SUFFICIENT SIZE AND SCOPE.—A State 

20 educational agency shall award subgrants under this 

21 section of sufficient size and scope to allow the eligi22 ble entities to carry out high quality literacy initia23 tives in each grade level for which the subgrant 

24 funds are provided. 


tjames on DSKG8SOYB1PROD with BILLS
70 

•S 2740 IS

1 (3) LOCAL APPLICATIONS.—An eligible entity 

2 desiring to receive a subgrant under this section 

3 shall submit an application to the State educational 

4 agency at such time, in such manner, and containing 

5 such information as the State educational agency 

6 may require. Such application shall include, for each 

7 school that the eligible entity identifies as partici8 pating in a subgrant program under this section, the 

9 following information: 

10 (A) CAPACITY SURVEY.—A description of 

11 the eligible entity’s capacity survey conducted to 

12 identify how subgrant funds will be used to in13 form and improve literacy instruction at the 

14 school. 

15 (B) PROFESSIONAL DEVELOPMENT.—How 

16 the school, local educational agency, or a pro17 vider of high quality professional development 

18 will provide ongoing high quality professional 

19 development to all teachers, principals, and 

20 other school leaders served by the school. 

21 (C) INTERVENTIONS.—How the school will 

22 identify students in need of literacy interven23 tions or other support services and provide ap24 propriate scientifically valid instructional inter25 ventions or other support services which may 


tjames on DSKG8SOYB1PROD with BILLS
71 

•S 2740 IS

1 include extended learning time for struggling 

2 students. 

3 (D) BUDGET.—A budget for the school 

4 that projects the cost of developing and imple5 menting literacy initiatives to carry out the ac6 tivities described in subsections (b) and (c) as 

7 applicable. 

8 (E) INTEGRATION.—An explanation of how 

9 the school will integrate literacy instruction into 

10 core academic subjects. 

11 (F) COORDINATION.—A description of how 

12 the school will coordinate literacy instruction 

13 with early education and after-school programs 

14 and activities in the area served by the local 

15 educational agency. 

16 (G) ASSESSMENTS.—A description of the 

17 assessments that will be used in an assessment 

18 system to improve literacy instruction and track 

19 student literacy progress. 

20 (H) FAMILIES AND CAREGIVERS.—A de21 scription of how families and caregivers will be 

22 involved in supporting their children’s literacy 

23 instruction and assessment. 

24 (I) PLANNING PERIOD.—A description of 

25 how, if an eligible entity is requesting a planVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
72 

•S 2740 IS

1 ning period, the eligible entity will use that 

2 planning period to prepare for successful imple3 mentation of a plan to support the development 

4 of learning and literacy consistent with the pur5 poses of this Act. 

6 (J) INITIATIVES.—A description of the lit7 eracy initiatives, if any, in place and how these 

8 initiatives will be coordinated and integrated 

9 with activities supported under this section. 

10 (K) PARTICIPATION IN EVALUATION.—An 

11 assurance that the eligible entity will, if re12 quested, participate in the national evaluation 

13 described in section 11. 

14 (b) LOCAL USES OF FUNDS FOR KINDERGARTEN

15 THROUGH GRADE 5.—An eligible entity that receives a 

16 subgrant under this section shall use the subgrant funds 

17 to carry out the following activities pertaining to learners 

18 in kindergarten through grade 5: 

19 (1) LITERACY PLAN.—Developing and imple20 menting a literacy plan across content areas that— 

21 (A) serves the needs of all students, includ22 ing children with disabilities and English lan23 guage learners, especially the students who are 

24 reading or writing below grade level; 


tjames on DSKG8SOYB1PROD with BILLS
73 

•S 2740 IS

1 (B) provides intensive, supplemental, accel2 erated, and explicit intervention and support in 

3 reading and writing for students whose literacy 

4 skills are below grade level; and 

5 (C) supports activities that are provided 

6 primarily during the regular school day but 

7 which may be augmented by after-school and 

8 out-of-school time instruction. 

9 (2) ASSESSMENTS.—Acquiring, providing train10 ing for, selecting, and administering assessments, 

11 and managing, monitoring, and planning instruction 

12 based on the assessment data. 

13 (3) PROFESSIONAL DEVELOPMENT.—Providing 

14 high quality professional development. 

15 (4) TRAINING.—Training principals, pupil serv16 ices personnel, and other school district personnel to 

17 support, develop, and administer and evaluate high 

18 quality kindergarten through grade 5 literacy initia19 tives that— 

20 (A) utilize data— 

21 (i) to inform instructional decisions; 

22 and 

23 (ii) to assess professional development 

24 needs; and 


tjames on DSKG8SOYB1PROD with BILLS
74 

•S 2740 IS

1 (B) provide time and support for teachers 

2 to meet to plan literacy instruction. 

3 (c) LOCAL USES OF FUNDS FOR GRADES 6 

4 THROUGH 12.— 

5 (1) REQUIRED USES.—An eligible entity that 

6 receives a subgrant under this section shall use 

7 subgrant funds to carry out the following activities 

8 pertaining to learners in grades 6 through 12: 

9 (A) LITERACY PLAN.—Developing and im10 plementing a literacy plan across content areas 

11 that— 

12 (i) serves the needs of all students, in13 cluding children with disabilities and 

14 English language learners, especially stu15 dents who are reading or writing below 

16 grade level; 

17 (ii) provides intensive, supplemental, 

18 accelerated, and explicit intervention and 

19 support in reading and writing for stu20 dents whose literacy skills are below grade 

21 level; and 

22 (iii) supports activities that are pro23 vided primarily during the regular school 

24 day but which may be augmented by after25 school and out-of-school time instruction. 


tjames on DSKG8SOYB1PROD with BILLS
75 

•S 2740 IS

1 (B) ASSESSMENTS.—Acquiring, providing 

2 training for, selecting and administering assess3 ments, and managing, monitoring, and planning 

4 instruction based on the assessment data. 

5 (C) PROFESSIONAL DEVELOPMENT.—Pro6 viding high quality professional development. 

7 (D) TRAINING.—Training principals, pupil 

8 service personnel, and other school leaders to 

9 support, develop, administer, and evaluate high 

10 quality adolescent literacy initiatives that— 

11 (i) utilize data— 

12 (I) to inform instructional deci13 sions and allow for personalization of 

14 instruction based on student need; 

15 and 

16 (II) to assess professional devel17 opment needs; 

18 (ii) assess the quality of adolescent lit19 eracy instruction in core academic subjects, 

20 and career and technical education sub21 jects where such career and technical edu22 cation subjects provide for the integration 

23 of core academic subjects; 

24 (iii) provide time for teachers to meet 

25 to plan research-based adolescent literacy 


tjames on DSKG8SOYB1PROD with BILLS
76 

•S 2740 IS

1 instruction in core academic subjects, and 

2 career and technical education subjects 

3 where such career and technical education 

4 subjects provide for the integration of core 

5 academic subjects; and 

6 (iv) include explicit instruction in dis7 cipline-specific thinking and how to read 

8 and interpret discipline-specific text struc9 tures and features. 

10 (E) DATA.—Annually collecting, summa11 rizing, and reporting to the State educational 

12 agency data— 

13 (i) to document and monitor for the 

14 purpose of improving practice, improve15 ments or increases in student reading and 

16 writing pursuant to activities carried out 

17 under this section; 

18 (ii) to stimulate and accelerate im19 provement by identifying the schools that 

20 produce significant gains in literacy 

21 achievement; and 

22 (iii) for all students and categories of 

23 students, including students described in 

24 section 1111(b)(2)(C)(v)(II) of the Ele25 mentary and Secondary Education Act of 


tjames on DSKG8SOYB1PROD with BILLS
77 

•S 2740 IS

1 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)), in 

2 a manner that utilizes a variety of data 

3 and that is consistent across the State. 

4 (2) LIMITATION TO CERTAIN SCHOOLS.—An eli5 gible entity receiving a subgrant under this section 

6 shall, in distributing subgrant funds under this sub7 section, provide the subgrant funds only to schools, 

8 including public charter schools, that have the high9 est percentages or numbers of children counted 

10 under section 1124(c) of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6333(c)) 

12 after carrying out the activities described in this 

13 subsection and subsection (b). 

14 (d) ALLOWABLE USES.—An eligible entity that re15 ceives a subgrant under this section may use remaining 

16 subgrant funds to carry out the following activities per17 taining to learners in kindergarten through 12: 

18 (1) PLANNING.—Providing a planning period of 

19 not more than 1 year for eligible entities to establish 

20 the elements necessary for successful implementation 

21 of a literacy program for kindergarten through 12. 

22 (2) LITERACY COACHES.—Recruiting, placing, 

23 training, and compensating literacy coaches. 

24 (3) CONNECTING LEARNING OPPORTUNITIES.— 

25 Connecting out-of-school learning opportunities to 


tjames on DSKG8SOYB1PROD with BILLS
78 

•S 2740 IS

1 in-school learning in order to improve the literacy 

2 achievement of the students. 

3 (4) TRAINING.—Training families and care4 givers to support the improvement of adolescent lit5 eracy. 

6 (5) MULTITIER SYSTEM OF SUPPORT.—Pro7 viding for a multitier system of support. 

8 (6) SCHOOL LITERACY LEADERSHIP TEAM.— 

9 Forming a school literacy leadership team to help 

10 implement, assess, and identify necessary changes to 

11 the literacy initiatives in 1 or more schools to ensure 

12 success. 

13 (7) LITERACY-RICH ENVIRONMENT.—Providing 

14 high quality, literacy-rich environments that engage 

15 students with materials and experiences at the stu16 dents’ reading and writing levels. 

17 SEC. 11. NATIONAL EVALUATION, INFORMATION DISSEMI18 NATION, AND TECHNICAL ASSISTANCE. 

19 (a) NATIONAL EVALUATION.— 

20 (1) IN GENERAL.—From funds reserved under 

21 section 5(b)(1)(A) or 5(b)(2)(A)(iii), the Secretary 

22 shall enter into a contract with an organization inde23 pendent of the Department of Education for a 5- 

24 year national evaluation of the grant and subgrant 

25 programs assisted under this Act. Such evaluation 


tjames on DSKG8SOYB1PROD with BILLS
79 

•S 2740 IS

1 shall include scientifically valid research that applies 

2 rigorous and systematic procedures to obtain valid 

3 knowledge relevant to the implementation and effect 

4 of the programs. 

5 (2) CONTENTS OF EVALUATION.—The evalua6 tion described in this subsection shall include an 

7 analysis of each of the following: 

8 (A) IMPACT.—The impact of the imple9 mentation of literacy initiatives and practices 

10 supported under this Act on increasing student 

11 academic outcomes, including student literacy 

12 development in reading and writing, and speak13 ing (as appropriate), grade promotion, and 

14 graduation to the extent predictable. 

15 (B) IMPLEMENTATION OF CORE FEA16 TURES.—The fidelity of implementation of core 

17 program features, such as coherence of program 

18 across grades, quality of technical assistance, 

19 State and school district leadership, profes20 sional development for teachers and administra21 tors, use of quality materials and pedagogy, and 

22 use of assessment. 

23 (C) STUDENT ACADEMIC OUTCOMES.—The 

24 relationship between implementation of core 

25 features, and student academic outcomes. 


tjames on DSKG8SOYB1PROD with BILLS
80 

•S 2740 IS

1 (D) OTHER INQUIRIES.—Other inquiries 

2 as designated by the Secretary, such as— 

3 (i) the core functions of literacy initia4 tives that have demonstrated the greatest 

5 impact on student literacy achievement, es6 pecially among students reading below 

7 grade level; 

8 (ii) effective strategies to integrate 

9 State and local standards, curricula, as10 sessments, and interventions to improve 

11 literacy; 

12 (iii) the types of literacy activities that 

13 most effectively improve the early reading, 

14 writing, and language skills of children 

15 from birth through kindergarten entry; 

16 (iv) the impact of adolescent literacy 

17 initiatives on student motivation, engage18 ment, and participation in adolescent lit19 eracy activities; and 

20 (v) the relationship between students’ 

21 literacy achievement and secondary 

22 schools’ success, including improving grad23 uation rates. 


tjames on DSKG8SOYB1PROD with BILLS
81 

•S 2740 IS

1 (3) PROGRAM IMPROVEMENT.—The findings of 

2 the evaluation conducted under this section shall 

3 be— 

4 (A) provided to State educational agencies 

5 and grant recipients for use in program im6 provement; 

7 (B) made publicly available, including on 

8 the Department’s website; and 

9 (C) submitted to the Committee on Health, 

10 Education, Labor, and Pensions of the Senate 

11 and the Committee on Education and Labor of 

12 the House of Representatives. 

13 (b) INFORMATION DISSEMINATION AND TECHNICAL

14 ASSISTANCE.— 

15 (1) IN GENERAL.—From amounts reserved 

16 under section 5(b)(1)(A) or 5(b)(2)(A)(iii), the Sec17 retary, in collaboration with the regional educational 

18 laboratories established under section 174 of the 

19 Education Sciences Reform Act of 2002 (20 U.S.C. 

20 9564), the Comprehensive Centers established under 

21 section 203 of the Educational Technical Assistance 

22 Act of 2002 (20 U.S.C. 9602), and the Director of 

23 the National Institute of Child Health and Human 

24 Development, shall distribute information on literacy 

25 instruction, including best practices and model proVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
82 

•S 2740 IS

1 grams identified in the evaluation, other inquiries 

2 under this section, or related Federal studies of lit3 eracy activities and provide technical assistance in 

4 order to assist States and local school districts in 

5 improving literacy instruction and learning. 

6 (2) DISSEMINATION AND COORDINATION.—The 

7 Secretary shall disseminate the information de8 scribed in paragraph (1) to— 

9 (A) recipients of Federal financial assist10 ance under this Act, the Head Start Act, the 

11 Individuals with Disabilities Education Act (20 

12 U.S.C. 1400 et seq.), and the Adult Education 

13 and Family Literacy Act (20 U.S.C. 9201 et 

14 seq.); and 

15 (B) each Bureau-funded school (as defined 

16 in section 1141 of the Education Amendments 

17 of 1978 (25 U.S.C. 2021)). 

18 (3) USE OF NETWORKS.—In carrying out this 

19 subsection, the Secretary shall, to the extent prac20 ticable, use information and dissemination networks 

21 developed and maintained through other public and 

22 private entities. 


tjames on DSKG8SOYB1PROD with BILLS
83 

•S 2740 IS

1 SEC. 12. CONSEQUENCES OF INSUFFICIENT PROGRESS, RE2 PORTING REQUIREMENTS, AND CONFLICTS 

3 OF INTEREST. 

4 (a) CONSEQUENCES OF INSUFFICIENT PROGRESS.— 

5 (1) CONSEQUENCES FOR GRANT RECIPIENTS.— 

6 If the Secretary determines that a State educational 

7 agency receiving an award under section 5(b) or an 

8 eligible entity receiving a subgrant under section 9 

9 or 10 is not making significant progress in meeting 

10 the purposes of this Act and the key metrics identi11 fied by the State educational agency in section 

12 7(b)(2)(D) after the submission of a report de13 scribed in subsection (b), then the Secretary may 

14 withhold, in whole or in part, further payments 

15 under this Act in accordance with section 455 of the 

16 General Education Provisions Act (20 U.S.C. 

17 1234d) or take such other action authorized by law 

18 as the Secretary determines necessary, including 

19 providing technical assistance upon request of the 

20 State educational agency, or eligible entity, respec21 tively. 

22 (2) CONSEQUENCES FOR SUBGRANT RECIPI23 ENTS.— 

24 (A) IN GENERAL.—A State educational 

25 agency receiving an award under section 5(b) 

26 may refuse to award subgrant funds to an eligiVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
84 

•S 2740 IS

1 ble entity under section 9 or 10 if the State 

2 educational agency finds that the eligible entity 

3 is not making significant progress in meeting 

4 the purposes of this Act, after— 

5 (i) affording the eligible entity notice, 

6 a period for correction, and an opportunity 

7 for a hearing; and 

8 (ii) providing technical assistance to 

9 the eligible entity. 

10 (B) FUNDS AVAILABLE.—Subgrant funds 

11 not awarded under subparagraph (A) shall be 

12 redirected to an eligible entity serving similar 

13 children and students in the same area or re14 gion as the eligible entity not awarded the 

15 subgrant funds, to the greatest extent prac16 ticable. 

17 (b) REPORTING REQUIREMENTS.— 

18 (1) STATE EDUCATIONAL AGENCY REPORTS.— 

19 Each State educational agency receiving an award 

20 under section 5(b) shall report annually to the Sec21 retary regarding the State educational agency’s 

22 progress in addressing the purposes of this Act. 

23 Such report shall include, at a minimum, a descrip24 tion of— 


tjames on DSKG8SOYB1PROD with BILLS
85 

•S 2740 IS

1 (A) the professional development activities 

2 provided under the award, including types of 

3 activities and entities involved in providing pro4 fessional development to classroom teachers and 

5 other program staff; 

6 (B) instruction, strategies, activities, cur7 ricula, materials, and assessments used in the 

8 programs funded under the award; 

9 (C) the types of programs funded under 

10 the award and the ages and demographic infor11 mation, that is not individually identifiable, of 

12 children served by the programs funded under 

13 the award; 

14 (D) the experience and qualifications of 

15 the program staff who provide literacy instruc16 tion under the programs funded under the 

17 award, including the experience and qualifica18 tions of those staff working with children with 

19 disabilities or developmental delays and with 

20 English language learners; 

21 (E) key data metrics identified under sec22 tion 7(b)(2)(D) used for literacy initiatives; 

23 (F) student performance on relevant pro24 gram metrics, as identified in the State eduVerDate Nov 24 2008 04:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S2740.IS S2740

tjames on DSKG8SOYB1PROD with BILLS
86 

•S 2740 IS

1 cation agency’s implementation plan under sec2 tion 7(b)(2)(D), such as— 

3 (i) the number and percentage of chil4 dren reading and writing on grade level by 

5 the end of the third grade; 

6 (ii) the percent of students served 

7 under the award who receive special edu8 cation services; and 

9 (iii) the instruction and activities de10 livered to at-risk students served under the 

11 award; and 

12 (G) the outcomes of programs and activi13 ties provided under the award. 

14 (2) ELIGIBLE ENTITY REPORTS.—Each eligible 

15 entity receiving a subgrant under section 9 or 10 

16 shall report annually to the State educational agency 

17 regarding the eligible entity’s progress in addressing 

18 the purposes of this Act. Such report shall include, 

19 at a minimum, a description of— 

20 (A) how the subgrant funds were used; 

21 (B) the literacy achievement growth of stu22 dents, disaggregated by subgroup; and 

23 (C) the results of an external evaluation, if 

24 the Secretary determines applicable. 


tjames on DSKG8SOYB1PROD with BILLS
87 

•S 2740 IS

1 (c) CONFLICTS OF INTEREST.—The Secretary shall 

2 ensure that each member of the peer review panel de3 scribed in section 5(c) and each member of a State literacy 

4 leadership team participating in a program or activity as5 sisted under this Act does not stand to benefit financially 

6 from a grant or subgrant awarded under this Act. 

7 SEC. 13. RULES OF CONSTRUCTION. 

8 (a) STUDENT ELIGIBILITY.—Nothing in this Act 

9 shall be construed to prohibit students eligible for assist10 ance under title I or III of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et 

12 seq.) or students eligible for assistance under the Individ13 uals with Disabilities Education Act (20 U.S.C. 1400 et 

14 seq.) from receiving literacy instruction and intervention 

15 under this Act. 

16 (b) IDEA EVALUATION.—The screening assess17 ments, diagnostic assessments, and formative assessments 

18 of reading and writing authorized under this Act shall not 

19 be construed to constitute an evaluation required under 

20 the Individuals with Disabilities Education Act (20 U.S.C. 

21 1400 et seq.). 

22 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to carry out 

24 this Act— 

25 (1) $2,350,000,000 for fiscal year 2010; 


tjames on DSKG8SOYB1PROD with BILLS
88 

•S 2740 IS

1 (2) $2,350,000,000 for fiscal year 2011; 

2 (3) $2,350,000,000 for fiscal year 2012; 

3 (4) $2,350,000,000 for fiscal year 2013; and 

4 (5) $2,350,000,000 for fiscal year 2014. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS