I 
111TH CONGRESS 
1ST SESSION H. R. 4037 
To establish a comprehensive literacy program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 6, 2009 
Mr. YARMUTH (for himself, Mr. POLIS of Colorado, and Mr. GEORGE MILLER 
of California) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To establish a comprehensive literacy program, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as— 
(1) the ‘‘Literacy Education for All, Results for 
the Nation Act’’; or 
(2) the ‘‘LEARN Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purposes. 
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Sec. 4. Programs authorized. 
Sec. 5. State planning grants. 
Sec. 6. State implementation grants. 
Sec. 7. Subgrants to eligible entities in support of literacy for children from 
birth through kindergarten entry. 
Sec. 8. Subgrants to eligible entities in support of literacy for students in kin-
dergarten through grade 12. 
Sec. 9. Additional State activities. 
Sec. 10. National evaluation, information dissemination, and technical assist-
ance. 
Sec. 11. Consequences of insufficient progress, reporting requirements, and 
conflicts of interest. 
Sec. 12. Rules of construction. 
Sec. 13. Definitions. 
Sec. 14. Authorization of appropriations. 
SEC. 2. FINDINGS. 
The Congress finds that in order for a comprehensive 
and effective literacy program to address the needs of chil-
dren it is critical to address the following: 
(1) Literacy development is an ongoing process 
that requires a sustained engagement and invest-
ment beginning in early childhood and continuing 
through secondary school. 
(2) The development of literacy skills begins at 
birth. Infants and toddlers associate sounds, ges-
tures, and marks on paper with consequences and 
meaning. However, many low-income children do not 
receive the exposure to oral and print language-rich 
environments they need to support strong literacy 
development. 
(3) Research shows that writing leads to im-
proved reading achievement, reading leads to better 
writing performance, and combined instruction leads 
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to improvements in both areas. Students in kinder-
garten through grade 12 need to be engaged in com-
bined reading and writing experiences that lead to a 
higher level of thinking than when either process is 
taught alone. 
(4) Teachers and early childhood educators 
need professional development to improve the read-
ing and writing abilities of children who are at risk 
for developmental delays or are reading and writing 
several years below grade level. Middle school and 
secondary school teachers in core academic subjects 
must have the tools and skills to teach reading and 
writing for subject area understanding and to dif-
ferentiate and provide instruction for students with 
varying literacy skills. 
(5) Approximately 70 percent of 4th graders 
and 8th graders read below the proficient level on 
the 2007 National Assessment of Educational 
Progress. 
(6) Between 1971 and 2008, the reading levels 
of 17-year-olds in the United States showed little to 
no improvement. The ability of secondary school stu-
dents to read complex texts is strongly predictive of 
their performance in postsecondary mathematics and 
science courses. 
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(7) Only one-third of secondary school students 
who enter 9th grade each year can expect to grad-
uate in 4 years with the skills needed to succeed in 
higher education and the workplace. 
(8) The 25 fastest-growing professions have 
higher than average literacy demands and approxi-
mately half of all job growth between 2004 and 
2014 will require high-level literacy skills. 
(9) The intellectual and linguistic skills nec-
essary for reading and writing must be developed 
through explicit, intentional, and systematic lan-
guage activities, to which many low-income and mi-
nority students do not have access. 
(10) Only 73.9 percent of secondary school stu-
dents graduate on time with a diploma, meaning 
that every year 1,230,000 students fail to graduate 
from secondary school in the United States. These 
1,230,000 nongraduates cost the United States more 
than $300,000,000,000 in lost wages, taxes, and 
productivity over their lifetimes. 
(11) Meaningful engagement of families in their 
children’s early learning supports school readiness 
and later academic success. Parental literacy habits 
are positively associated with parental reading be-
liefs, parent-child literacy and language activities in 
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the home, children’s print knowledge, and interest in 
reading. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to improve reading, writing, and academic 
achievement for children and students by providing 
Federal support to State educational agencies, in 
collaboration with State agencies that oversee child 
care programs, to develop, coordinate, and imple-
ment comprehensive State literacy plans that ensure 
high-quality instruction in early language and lit-
eracy in early learning programs (serving children 
from birth through kindergarten entry) and in read-
ing and writing in kindergarten through grade 12; 
and 
(2) to assist State educational agencies and 
State agencies that oversee child care programs in 
achieving the purposes described in paragraph (1) 
by— 
(A) supporting the development and imple-
mentation of early learning through grade 12 
literacy programs that are based on scientif-
ically valid research, to ensure that every stu-
dent can read and write at grade level or above; 
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(B) providing children attending early 
learning programs that serve children from 
birth through kindergarten entry, including pro-
grams, such as child care, Early Head Start, 
Head Start, State-funded preschool, and other 
early childhood education settings, with high- 
quality, language-rich, literature-rich, and infor-
mational text-rich environments, so that such 
children develop the fundamental knowledge 
and skills necessary for literacy engagement, 
development, and achievement in kindergarten 
and beyond; 
(C) supporting efforts to link and align 
standards and evidence-based instruction in 
early learning programs serving children from 
birth through kindergarten entry; 
(D) supporting effective educational envi-
ronments for children and students from birth 
through grade 12 to develop oral language, 
reading, and writing abilities through research- 
based instruction and practices; 
(E) improving student achievement by es-
tablishing literacy initiatives that provide ex-
plicit and systematic instruction in oral lan-
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guage, reading, and writing development across 
the curriculum; 
(F) identifying and supporting students 
who are reading and writing below grade level 
by providing evidence-based intensive interven-
tions, including extended learning time, to help 
such students acquire the language and literacy 
skills they need to graduate from secondary 
school; 
(G) providing assistance to eligible entities 
in order to provide educators with high-quality 
professional development in the essential com-
ponents of early literacy instruction and the es-
sential components of reading and writing in-
struction; 
(H) supporting State educational agencies 
and local educational agencies in using age- and 
developmentally appropriate instructional mate-
rials and strategies, including those consistent 
with universal design for learning, that assist 
teachers as they work with students to develop 
reading and writing competencies appropriate 
to the student’s grade and skill levels; 
(I) supporting State educational agencies 
and eligible entities in improving reading, writ-
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ing, and academic achievement for children and 
students, especially those that are low-income, 
limited English proficient, migratory, Indian or 
Alaskan Native, neglected or delinquent, home-
less, in the custody of the child welfare system, 
those that have disabilities, or those who have 
dropped out of school; and 
(J) 
strengthening 
coordination 
among 
schools, early learning programs, early literacy 
programs, family literacy programs, juvenile 
justice programs, public libraries, and outside- 
of-school programs that provide children and 
youth with strategies, curricula, interventions, 
and assessments designed to advance early and 
continuing language and literacy development in 
ways appropriate for each context. 
SEC. 4. PROGRAMS AUTHORIZED. 
(a) IN GENERAL.—The Secretary is authorized— 
(1) to award State planning grants in accord-
ance with subsection (b) and section 5; and 
(2) to award State implementation grants in ac-
cordance with subsection (b) and section 6 to en-
able— 
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(A) the State agency that oversees child 
care programs to award subgrants to eligible 
entities in accordance with section 7; 
(B) the State educational agency to award 
subgrants to eligible entities in accordance with 
section 8; and 
(C) the State educational agency to carry 
out the additional State activities described in 
section 9. 
(b) AWARDS TO STATE EDUCATIONAL AGENCIES.— 
(1) DISCRETIONARY GRANTS.— 
(A) IN GENERAL.—If the amount appro-
priated under section 14 for a fiscal year is less 
than $500,000,000 the Secretary shall— 
(i) reserve not more than 5 percent of 
such amount for the national evaluation, 
dissemination of information, and technical 
assistance under section 10; 
(ii) reserve not more than 5 percent of 
such amount to make awards, on a com-
petitive basis, under section 5, except that 
during the first year in which amounts are 
distributed under such section, the Sec-
retary may reserve not more than 15 per-
cent of such amount for this purpose; and 
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(iii) use the amount not reserved 
under clauses (i) and (ii) to make awards, 
on a competitive basis and based on the 
quality of the applications submitted, to 
State educational agencies that have appli-
cations approved under section 6 to enable 
the agencies to carry out sections 7 
through 9. 
(B) ALLOCATION
OF
FUNDS.—The Sec-
retary shall allocate the funds described in sub-
paragraph (A)(iii) among approved applicants 
on the basis of the relative number or percent-
age of children counted under section 1124(c) 
of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6333(c)) in a State 
served by an approved applicant compared to 
the number or percentage of such children in all 
States served by approved applicants, except 
that awards under this paragraph shall be of 
sufficient size and scope to be effective. 
(2) FORMULA GRANTS.— 
(A) IN GENERAL.—If the amount appro-
priated under section 14 for a fiscal year is 
equal to or exceeds $500,000,000 the Secretary 
shall— 
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(i) reserve not more than 5 percent of 
such amount for the national evaluation, 
dissemination of information, and technical 
assistance under section 10; 
(ii) reserve not more than 5 percent of 
such amount to make awards, on a com-
petitive basis, under section 5, except that 
during the first year in which amounts are 
distributed under such section, the Sec-
retary may reserve not more than 15 per-
cent of such amount for this purpose; 
(iii) reserve a total of 1 percent of 
such amount for— 
(I) allotments for the United 
States Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth 
of the Northern Mariana Islands, to 
be distributed among such outlying 
areas on the basis of their relative 
need, as determined by the Secretary 
in accordance with the purposes of 
this Act; and 
(II) the Secretary of the Interior 
for 
programs 
under 
sections 
through 9 in schools operated or fund-
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ed by the Bureau of Indian Edu-
cation; and 
(iv) use the amount not reserved 
under clauses (i) through (iii) to make 
awards, from allotments under subpara-
graph (B), to State educational agencies 
serving States, excluding States described 
in clause (iii)(I), that have applications ap-
proved under section 6 to enable the agen-
cies to carry out sections 7 through 9. 
(B) STATE ALLOTMENT FORMULA.—From 
the funds described in subparagraph (A)(iv), 
the Secretary shall make an award to each ap-
proved applicant under section 6 on the basis of 
the relative number of children counted under 
section 1124(c) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6333(c)) in the State served by the applicant 
compared to the number of such children in all 
States served by approved applicants. 
(C) PROPORTIONAL
DIVISION.—In each 
fiscal year, the amount reserved under subpara-
graph (A)(iii) shall be divided between the uses 
described in subclauses (I) and (II) of such sub-
paragraph in the same proportion as the 
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amount reserved under section 1121(a) of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6331(a)) is divided between 
the uses described in paragraphs (1) and (2) of 
such section 1121(a) for such fiscal year. 
(3) CONSULTATION.— 
(A) IN GENERAL.—As applicable, a State 
educational agency that receives a discretionary 
grant or allotment under this subsection shall 
engage in timely and meaningful consultation 
with representatives of Indian tribes located in 
the State in order to improve the coordination 
of activities designed to develop effective ap-
proaches to achieve the purposes of the Act 
consistent with the cultural, language, and edu-
cational needs of Indian students. 
(B) SPECIAL
RULE.—Of the funds re-
served under paragraph (2)(A)(iii)(II), the Sec-
retary of the Interior shall consult with tribes 
and school boards connected with bureau-fund-
ed schools to ensure allocation of funds to the 
extent possible in accordance with subpara-
graphs (A), (B), and (C) of section 6(a)(2). 
(c) PEER REVIEW.— 
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(1) IN GENERAL.—The Secretary shall convene 
a peer review panel to evaluate and make rec-
ommendations to the Secretary regarding each appli-
cation for a grant under section 5 or 6 using the 
evaluation criteria described in paragraph (2). 
(2) 
DEVELOPMENT
OF
EVALUATION
CRI-
TERIA.—The Secretary shall report to the Congress 
the peer review process and evaluation criteria that 
will be used to evaluate grant applications under sec-
tions 5 and 6. 
(3) MEMBERSHIP.— 
(A) COMPOSITION.—A peer review panel 
convened under paragraph (1) shall be com-
posed of not less than 9 members, of whom— 
(i) 3 shall be appointed by the Sec-
retary; 
(ii) 3 shall be appointed by the Sec-
retary from among individuals— 
(I) recommended by the Chair-
man of the National Research Council 
of the National Academy of Sciences; 
and 
(II) with expertise in literacy in-
struction and learning at various de-
velopmental stages; and 
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(iii) 3 shall be appointed by the Sec-
retary from among individuals— 
(I) recommended by the Director 
of the National Institute of Child 
Health and Human Development; and 
(II) with expertise concerning lit-
eracy development from birth through 
grade 12. 
(B) COMPETENCY AND EXPERTISE.— 
(i) 
COMPETENCY.—The 
Secretary 
shall ensure that each member of the peer 
review panel appointed under this para-
graph is competent, by virtue of the train-
ing, expertise, or experience of the mem-
ber, to evaluate grant applications under 
sections 5 and 6. 
(ii) EXPERTISE.—The Secretary shall 
ensure that the peer review panel ap-
pointed under this paragraph includes, at a 
minimum— 
(I) not less than one individual 
with expertise in early childhood de-
velopment and early literacy; 
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(II) classroom teachers with ex-
pertise in literacy or literacy coaches, 
such as— 
(aa) special education teach-
ers; 
(bb) teachers of students 
who are English language learn-
ers; and 
(cc) early childhood edu-
cators who provide high-quality 
professional development in child 
language and literacy develop-
ment; 
(III) experts, including teachers, 
who provide high-quality professional 
development to individuals who teach 
literacy to students, teachers, and 
other instructional staff; 
(IV) experts in screening, diag-
nostic, and formative assessments of 
reading and writing; and 
(V) experts in reading and writ-
ing, 
language 
development, 
and 
English language acquisition, as ap-
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propriate, including reading and writ-
ing in core academic subjects. 
(4) DISTRIBUTION
OF
RECOMMENDATIONS.— 
Not later than 120 days after a peer review panel 
submits to the Secretary the panel’s recommenda-
tion regarding an application by a State educational 
agency for a grant under section 5 or 6, the Sec-
retary shall notify the State educational agency that 
the application has been approved or disapproved 
and shall provide to such State educational agency 
a copy of the peer review panel’s recommendation. 
(d) SUPPLEMENT NOT SUPPLANT.—Grant funds 
provided under this section shall be used to supplement, 
and not supplant, other Federal, State, or local funds that 
would, in the absence of such grant funds, be made avail-
able for literacy instruction and support of children and 
students participating in programs assisted under this 
Act. 
(e) MAINTENANCE OF EFFORT.—Each State edu-
cational agency that receives an award under this Act, and 
each eligible entity that receives a subgrant under section 
7 or 8, shall maintain the expenditures of the State edu-
cational agency or eligible entity, respectively, for literacy 
instruction at a level not less than the level of such ex-
penditures maintained by the State educational agency or 
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eligible entity, respectively, for the fiscal year preceding 
the fiscal year for which the grant or subgrant is received. 
SEC. 5. STATE PLANNING GRANTS. 
(a) PLANNING GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary may award 
planning grants to State educational agencies to en-
able the State educational agencies to conduct and 
complete comprehensive planning, in consultation 
with the State agency that oversees child care pro-
grams, to carry out activities that improve literacy 
for children and students from birth through grade 
12. 
(2) GRANT PERIOD.—A planning grant under 
this section shall be awarded for a period of not 
more than 1 year. 
(3) NONRENEWABILITY.—The Secretary shall 
not award a State educational agency more than 1 
planning grant under this section. 
(4) RELATION TO IMPLEMENTATION GRANTS.— 
A State educational agency may not receive a plan-
ning grant under this section at the same time it is 
receiving an implementation grant under section 6. 
(b) APPLICATION.— 
(1) IN
GENERAL.—Each State educational 
agency desiring a planning grant under this section 
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shall submit, jointly with the State agency that over-
sees child care programs, an application to the Sec-
retary at such time, in such manner, and accom-
panied by such information as the Secretary may re-
quire. 
(2) CONTENTS.— 
(A) IN GENERAL.—Each application shall, 
at a minimum, include a description of how the 
State educational agency and the State agency 
that oversees child care programs propose to 
use the planning grant funds awarded under 
this section to develop a plan for improving 
State efforts to develop, coordinate, and imple-
ment comprehensive literacy activities based on 
the essential components of early literacy in-
struction and the essential components of read-
ing and writing instruction. 
(B) REQUIRED
ITEMS.—Such application 
shall— 
(i) describe the activities for which as-
sistance under this section is sought; 
(ii) provide a budget for the use of the 
planning grant funds to complete the re-
quired activities described in subsection 
(c); 
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(iii) include an assurance that the 
State has a process to safeguard against 
conflicts of interest consistent with section 
11(c) for individuals providing technical 
assistance on behalf of the State edu-
cational agency or the State agency that 
oversees child care programs or serving on 
the State literacy leadership team; and 
(iv) provide such additional assur-
ances and information as the Secretary de-
termines to be necessary to ensure compli-
ance with the requirements of this section. 
(c) REQUIRED ACTIVITIES.—A State educational 
agency receiving planning grant funds under this section 
shall, in collaboration with the State agency that oversees 
child care programs, carry out each of the following activi-
ties: 
(1) REVIEW.—Reviewing reading, writing, and 
other literacy resources and programs across the 
State and coordinating any new plans and resources 
under this Act with such existing resources and pro-
grams. 
(2) STATE
LITERACY
LEADERSHIP
TEAM.— 
Forming or designating a State literacy leadership 
team that shall execute the following functions: 
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(A) COMPREHENSIVE
STATE
LITERACY 
PLAN.—Creating a comprehensive State literacy 
plan to improve early literacy and language de-
velopment in children, and reading, writing, and 
academic achievement in students that— 
(i) includes a needs assessment and 
an implementation plan; 
(ii) ensures high-quality literacy in-
struction in early learning programs (serv-
ing children from birth through kinder-
garten entry) through grade 12; and 
(iii) provides for activities designed to 
improve literacy achievement for students, 
including students with disabilities and 
English language learners who— 
(I) read or write below grade 
level; 
(II) attend schools that are iden-
tified for school improvement under 
section 1116(b) of the Elementary 
and Secondary Education Act of 1965 
(20 U.S.C. 6316(b)); and 
(III) are counted under section 
1124(c) of the Elementary and Sec-
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ondary Education Act of 1965 (20 
U.S.C. 6333(c)). 
(B) STANDARDS.—Providing recommenda-
tions to guide the State educational agency in 
such agency’s process of strengthening State 
literacy standards and embedding State literacy 
standards into the State’s challenging academic 
content standards, academic achievement stand-
ards, and to guide the State in their early 
learning and development standards. 
(C) PROGRESS.—Providing recommenda-
tions to guide the State educational agency in 
such agency’s process of measuring, assessing, 
and monitoring progress in implementation of 
literacy instruction and interventions at the 
school, local educational agency, and State lev-
els. 
(D) CRITERIA.—Identifying criteria for 
high-quality professional development providers 
for eligible entities. 
(E) DATA.—Advising the State educational 
agency on how to help ensure that local edu-
cational agencies and schools provide timely and 
appropriate student assessment data to teach-
ers. 
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