(ii) a contractor or subcontractor of 
the Department, or an individual hired by 
the contracted entity; 
(iii) a member of a peer review panel 
described in section 4(c); or 
(iv) a consultant or advisor to the De-
partment. 
(B) The term ‘‘conflict of interest’’ means 
a financial interest or other self-interest that a 
reasonable person would expect to lead to an 
undue bias, or the appearance of such bias, to-
wards a particular product or service purchased 
with, guaranteed or insured by, or under con-
sideration for purchase with, or to be guaran-
teed or insured by, funds administered by the 
Department of Education or a contracted entity 
of the Department. 
SEC. 12. RULES OF CONSTRUCTION. 
(a) STUDENT ELIGIBILITY.—Nothing in this Act 
shall be construed to prohibit students eligible for assist-
ance under title I or III of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et 
seq.) or students eligible for assistance under the Individ-
uals with Disabilities Education Act (20 U.S.C. 1400 et 
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seq.) from receiving literacy instruction and intervention 
under this Act. 
(b) IDEA EVALUATION.—The assessments required 
under this Act shall not be construed to constitute an eval-
uation required under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.). 
SEC. 13. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, the terms used in this Act have the meanings 
given such terms in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(b) OTHER TERMS.—In this Act: 
(1) CHILD
WITH
A
DISABILITY.—The term 
‘‘child with a disability’’ has the same meaning given 
the term in section 602(3) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401(3)). 
(2) CLASSROOM-BASED
INSTRUCTIONAL
AS-
SESSMENT.—The term ‘‘classroom-based instruc-
tional assessment’’ means an assessment for children 
in third grade or younger that— 
(A) is valid and reliable for the age and 
population of children served in the program, 
and is used to evaluate children’s developmental 
progress and learning, including systematic ob-
servations by teachers of children performing 
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tasks, including academic and literary tasks, 
that are part of their daily classroom experi-
ence; and 
(B) is used to improve classroom instruc-
tion. 
(3) DIAGNOSTIC ASSESSMENT.—The term ‘‘di-
agnostic assessment’’ means an assessment that— 
(A) is developmentally, linguistically, and 
culturally appropriate; 
(B) is valid, reliable, and based on scientif-
ically valid research on language, literacy, and 
English language acquisition; 
(C) is used for the purposes of— 
(i) identifying a student’s specific 
areas of strengths and weaknesses in oral 
language and literacy; 
(ii) determining any difficulties that 
the student may have in language and lit-
eracy and the potential cause of such dif-
ficulties; and 
(iii) helping to determine possible lit-
eracy intervention strategies and related 
special needs of the student; and 
(D) in the case of young children, is con-
ducted after a screening assessment that identi-
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fies potential risks for delayed development or 
later academic difficulties. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) when used with respect to children 
from birth through kindergarten entry— 
(i) one or more local educational agen-
cies providing early learning programs, or 
one or more public or private early learn-
ing programs, serving children from birth 
through kindergarten entry, such as a 
Head Start agency, an Early Head Start 
program, a child care program, a State- 
funded pre-kindergarten program, a public 
library program, or a family literacy pro-
gram that has a demonstrated record of 
providing effective literacy instruction for 
the age group such agency or program is 
proposing to serve under section 7; or 
(ii) one or more local educational 
agencies providing early learning pro-
grams, or one or more public or private 
early learning programs, serving children 
from birth through kindergarten entry, 
such as a Head Start agency, an Early 
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Head Start program, a child care program, 
a State-funded pre-kindergarten program, 
a public library program, or a family lit-
eracy program in partnership with one or 
more public or private nonprofit organiza-
tions or agencies that have a demonstrated 
record of effectiveness— 
(I) in improving the early literacy 
development of children from birth 
through kindergarten entry; and 
(II) in providing professional de-
velopment aligned with the activities 
described in section 7(e)(1); and 
(B) when used with respect to students in 
kindergarten through grade 12, a local edu-
cational agency or consortium of local edu-
cational agencies that— 
(i) is among the local educational 
agencies in the State with the highest 
numbers or percentages of students read-
ing and writing below grade level, based on 
the most current State data, where avail-
able; and 
(ii) has the highest numbers or per-
centages of children who are counted under 
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section 1124(c) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 6333(c)), in comparison to other 
local educational agencies in the State. 
(5) ENGLISH LANGUAGE ACQUISITION.— 
(A) IN GENERAL.—The term ‘‘English lan-
guage acquisition’’ means the process by which 
a non-native English speaker acquires pro-
ficiency in speaking, listening, reading, and 
writing the English language. 
(B) INCLUSION FOR ENGLISH LANGUAGE 
LEARNERS IN SCHOOL.—For an English lan-
guage learner in school, such term includes not 
only the social language proficiency needed to 
participate in the school environment, but also 
the academic language proficiency needed to ac-
quire literacy and academic content and dem-
onstrate the student’s learning. 
(6) ENGLISH LANGUAGE LEARNER.—The term 
‘‘English language learner’’ means an individual who 
is limited English proficient, as defined in section 
9101(25) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801(25)). 
(7) ESSENTIAL COMPONENTS OF EARLY LIT-
ERACY INSTRUCTION.—The term ‘‘essential compo-
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