paragraph in the same proportion as the 
amount reserved under section 1121(a) of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6331(a)) is divided between 
the uses described in paragraphs (1) and (2) of 
such section 1121(a) for such fiscal year. 
(3) CONSULTATION.— 
(A) IN GENERAL.—As applicable, a State 
educational agency that receives a discretionary 
grant or allotment under this subsection shall 
engage in timely and meaningful consultation 
with representatives of Indian tribes located in 
the State in order to improve the coordination 
of activities designed to develop effective 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 and shall make a copy of the peer re-
view panel’s comments available to the public. 
(d) SUPPLEMENT NOT SUPPLANT.—Grant funds 
provided under this section shall be used to supplement, 
and not supplant, other Federal, State, or local funds that 
would, in the absence of such grant funds, be made avail-
able for literacy instruction and support of children and 
students participating in programs assisted under this 
Act. 
SEC. 5. STATE PLANNING GRANTS. 
(a) PLANNING GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary may award 
planning grants to State educational agencies to en-
able the State educational agencies to develop or im-
prove a comprehensive plan, in consultation with the 
State agencies that oversee child care and other 
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early childhood programs, the State Advisory Coun-
cil on Early Childhood Education and Care, and the 
State Head Start Collaboration Office, to carry out 
activities that improve literacy for children and stu-
dents 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.—Each State educational agency 
desiring a planning grant under this section shall submit, 
jointly with the State agencies that oversee child care and 
other early childhood programs and the State Advisory 
Council on Early Childhood Education and Care, an appli-
cation to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require. 
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(c) EXISTING STATE LITERACY PLAN.—An existing 
Federally funded comprehensive State literacy plan may 
be improved using a grant under this section. 
SEC. 6. STATE IMPLEMENTATION GRANTS. 
(a) IMPLEMENTATION GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary shall award 
implementation grants to State educational agen-
cies— 
(A) to implement, in collaboration with the 
State agencies that oversee child care and other 
early childhood programs, the State Advisory 
Council on Early Childhood Education and 
Care, and the State Head Start Collaboration 
Office— 
(i) the comprehensive State literacy 
plan developed under section 5, if the State 
educational agency received a grant under 
such section; or 
(ii) another comprehensive State lit-
eracy plan for serving children from birth 
through grade 12; 
(B) to provide funds made available under 
paragraph (2)(A) to the State agency that over-
sees child care programs to award subgrants 
under section 7; 
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(C) to award subgrants under section 8; 
and 
(D) to carry out additional State activities 
under section 9. 
(2) USE OF FUNDS.—State educational agency 
shall use implementation grant funds received under 
this section as follows: 
(A) LEARNERS
FROM
BIRTH
THROUGH 
KINDERGARTEN ENTRY.—Not less than 15 per-
cent of such grant funds shall be used in ac-
cordance with section 7. 
(B) 
STUDENTS
IN
KINDERGARTEN 
THROUGH GRADE 5.—Not less than 40 percent 
of such grant funds shall be used in accordance 
with section 8, to be allocated equitably among 
grades kindergarten through grade 5, unless 
the State educational agency determines than 
an exception is necessary based on a capacity 
survey described in section 8(c)(1). 
(C) STUDENTS
IN
GRADES
THROUGH 
12.—Not less than 40 percent of such grant 
funds shall be used in accordance with section 
8, to be allocated equitably among grades 6 
through 12, unless the State educational agency 
determines that an exception is necessary based 
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on a capacity survey described in section 
8(c)(1). 
(D) STATE ACTIVITIES.—Not more than 5 
percent of such grant funds shall be used for 
the State activities described in section 9. 
(3) DURATION
OF
GRANTS.—An implementa-
tion grant under this section shall be awarded for a 
period of not less than 3 years and not more than 
5 years. 
(4) RENEWALS.— 
(A) IN GENERAL.—Implementation grants 
under this section may be renewed. 
(B) CONDITIONS.—In order to be eligible 
to have an implementation grant renewed under 
this paragraph, the State educational agency, in 
collaboration with the State agencies that over-
see child care and other early childhood pro-
grams and the State Advisory Council on Early 
Childhood Education and Care, shall dem-
onstrate, to the satisfaction of the Secretary, 
that— 
(i) the State educational agency has 
complied with the terms of the grant, in-
cluding using the funds to— 
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