(F) EDUCATOR CAPACITY.—Providing rec-
ommendations to guide the State educational 
agency and the State agency that oversees child 
care programs in such agencies’ planning proc-
ess of building educators’ capacity to provide 
high-quality literacy instruction. 
(3) REPORTING
REQUIREMENTS.—Not later 
than 1 year after a State educational agency receives 
a planning grant under this section, the State edu-
cational agency, in collaboration with the State 
agency that oversees child care programs, shall sub-
mit a report to the Secretary on the performance of 
the activities described in this subsection by such 
agencies. The Secretary shall submit a report to the 
Congress on the activities carried out by State edu-
cational agencies under this section, and shall make 
such report available to the public upon its submis-
sion. 
SEC. 6. STATE IMPLEMENTATION GRANTS. 
(a) IMPLEMENTATION GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary shall award 
implementation grants to State educational agen-
cies— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(A) to implement, in collaboration with the 
State agency that oversees child care pro-
grams— 
(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; 
(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. 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(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 
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.— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(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 
and the State agency that oversees child care 
programs shall demonstrate, to the satisfaction 
of the Secretary, that— 
(i) the State educational agency, in 
collaboration with the State agency that 
oversees child care programs, has complied 
with the terms of the grant including by 
undertaking all required activities; and 
(ii) during the period of the grant 
there has been significant progress in stu-
dent achievement, as measured by appro-
priate assessments, including meeting the 
measurable annual objectives established 
pursuant to section 1111(b)(2)(C)(v) of 
the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)). 
(b) STATE APPLICATIONS.— 
(1) IN GENERAL.—A State educational agency 
that desires to receive an implementation grant 
under this section shall, in collaboration with the 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
State agency that oversees child care programs, sub-
mit an application to the Secretary at such time, in 
such manner, and containing such information as 
the Secretary may require. 
(2) CONTENTS.—An application described in 
paragraph (1) shall include the following: 
(A) STATE LITERACY TEAM AND PLAN.— 
A description of how the State educational 
agency has formed a State literacy leadership 
team and developed a comprehensive State lit-
eracy plan, as described in section 5. 
(B) CONFLICTS OF INTEREST.—An assur-
ance that the State has a process to safeguard 
against conflicts of interest consistent with sec-
tion 11(c) for individuals providing technical as-
sistance on behalf of the State educational 
agency or the State agency that oversees child 
care programs or serving on the State literacy 
leadership team. 
(C) IMPLEMENTATION.—An implementa-
tion plan that includes a description of how the 
State educational agency and the State agency 
that oversees child care programs will— 
(i) assist eligible entities with— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(I) selecting and using screening 
assessments and diagnostic assess-
ments; 
(II) providing classroom-based 
instruction that is supported by one- 
to-one and small group instruction; 
(III) using curricular materials 
and instructional tools, which may in-
clude technology, to improve instruc-
tion and literacy achievement; 
(IV) using the principles of uni-
versal design for learning in all phases 
of instructional practice, including 
professional development, curriculum 
development and selection of instruc-
tional materials, and classroom in-
struction; 
(V) providing high-quality profes-
sional development as part of such eli-
gible entities’ literacy initiatives to im-
prove the literacy development and 
learning of children and students 
served 
under 
the 
implementation 
grant; and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(VI) providing diverse learners, 
including English language learners, 
with culturally, linguistically, and de-
velopmentally appropriate curricula, 
instructional 
materials, 
interactive 
technologies, and valid and reliable as-
sessments that support such learners 
in meeting State academic and con-
tent standards; 
(ii) ensure that eligible entities in the 
State have leveraged and are effectively 
leveraging the resources to implement 
high-quality literacy instruction, and have 
the capacity to implement high-quality lit-
eracy initiatives effectively; 
(iii) ensure that professional develop-
ment activities are based on— 
(I) the essential components of 
early literacy instruction and the es-
sential components of reading and 
writing instruction, as appropriate; 
and 
(II) evidence-based English lan-
guage acquisition and adult learning 
research, as appropriate; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(iv) coordinate and align, as appro-
priate, the activities assisted under this 
section and sections 7 and 8 with other 
State and local programs that— 
(I) serve children and students, 
and their families; and 
(II) promote literacy instruction 
and learning; 
(v) ensure that funds provided under 
this section are awarded in a manner that 
will provide services to all age and grade 
levels consistent with section 6(a)(2); 
(vi) award subgrants to eligible enti-
ties to enable the eligible entities to carry 
out the activities described in sections 7 
and 8, including to— 
(I) eligible entities that serve 
rural areas; and 
(II) eligible entities that serve 
urban areas; and 
(vii) assist the eligible entities in the 
State in— 
(I) providing strategic and inten-
sive literacy instruction for students 
reading and writing below grade level, 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
including through the use of multi- 
tiered systems of supports; 
(II) providing high-quality pro-
fessional development in literacy in-
struction to teachers, including— 
(aa) special education teach-
ers or teachers of students who 
are English language learners; 
and 
(bb) teachers of core aca-
demic subjects; 
(III) 
addressing 
the 
literacy 
needs of children and students with 
disabilities 
and 
English 
language 
learners served by the eligible entity; 
and 
(IV) providing training to par-
ents so that the parents can partici-
pate in the literacy related activities 
described under sections 7 and 8 to 
assist in the language and literacy de-
velopment of their children. 
(D) KEY DATA METRICS.—A description of 
the key data metrics that will be collected and 
reported annually under section 11(b)(1)(E). 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(E) NATIONAL
EVALUATION.—An assur-
ance that the State educational agency, the 
State agency that awards subgrants under sec-
tion 7, and any eligible entity receiving a 
subgrant under section 7 or 8, will, if re-
quested, participate in the national evaluation 
under section 10. 
(F) PRIORITY.—An assurance that the 
State educational agency and the State agency 
that oversees child care programs, as appro-
priate, shall prioritize awarding subgrants— 
(i) under section 7, based on the per-
centage of low-income children proposed to 
be served by the applicant; and 
(ii) under section 8, based on the 
number or percentage of children counted 
under section 1124(c) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6333(c)) proposed to be served by 
the applicant. 
SEC. 7. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
LITERACY 
FOR 
CHILDREN 
FROM 
BIRTH 
THROUGH KINDERGARTEN ENTRY. 
(a) SUBGRANTS.—A State educational agency shall 
provide the funds provided under section 4(a)(2)(A) to the 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
State agency that oversees child care programs, who shall 
award subgrants, on a competitive basis, to eligible entities 
to enable the eligible entities to carry out the activities 
described in subsection (e). 
(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant 
awarded under this section shall be of sufficient size and 
scope to allow the eligible entity to carry out the activities 
described in subsection (e). 
(c) LOCAL APPLICATIONS.—An eligible entity that 
desires to receive a subgrant under this section shall sub-
mit an application to the State agency that oversees child 
care programs, at such time, in such manner, and includ-
ing such information as such agency may require. Such 
application shall include a description of— 
(1) the programs assisted under the subgrant, 
including demographic and socioeconomic informa-
tion on the children from birth through kindergarten 
entry enrolled in the programs; 
(2) a budget for the eligible entity that projects 
the cost of developing and implementing literacy ini-
tiatives to carry out the activities described in sub-
section (e); 
(3) how the subgrant funds will be used to en-
hance the language and literacy aspects of school 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
readiness of children from birth through kinder-
garten entry in early childhood education programs; 
(4) how the subgrant funds will be used to pre-
pare and provide ongoing assistance to staff in the 
programs, through professional development focused 
on the essential components of early literacy instruc-
tion, including onsite intensive mentoring by early 
childhood literacy coaches to provide high-quality lit-
eracy activities based on scientifically valid research 
on child development and learning for children from 
birth through kindergarten entry; 
(5) how the subgrant funds will be used to pro-
vide services, incorporate activities, and select and 
use literacy instructional materials that are based on 
scientifically valid research on child development and 
early learning; 
(6) how the subgrant funds will be used to pro-
vide— 
(A) screening assessments or other appro-
priate measures— 
(i) to effectively identify children from 
birth through kindergarten entry who may 
be at risk for delayed development or later 
academic difficulties; and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(ii) to determine whether such chil-
dren are developing the fundamental 
knowledge necessary for literacy, engage-
ment, development, and achievement in 
kindergarten and beyond; and 
(B) diagnostic assessments, as appropriate, 
to determine the need for additional services; 
(7) how the subgrant funds will be used to help 
instructional staff in the programs assisted under 
the subgrant to more effectively meet the diverse de-
velopmental and linguistic needs of children from 
birth through kindergarten entry in the community, 
including the needs of English language learners and 
children with disabilities; 
(8) how the subgrant funds will be used to en-
sure that parents receive instruction— 
(A) on their children’s early literacy devel-
opment; and 
(B) on how parents can support children’s 
literacy development at home; 
(9) how the subgrant funds will be used to help 
children, particularly children experiencing difficulty 
with spoken and written language, to make the tran-
sition from early education to formal classroom in-
struction; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(10) how the activities assisted under the 
subgrant will be coordinated with literacy instruction 
at the kindergarten through grade 3 levels; 
(11) how the eligible entity will— 
(A) evaluate the success of the activities 
supported under the subgrant in enhancing the 
early literacy development of children served 
under such subgrant; and 
(B) evaluate data for program improve-
ment; and 
(12) such other information as the State agency 
that oversees child care programs may require. 
(d) APPROVAL OF LOCAL APPLICATIONS.—The State 
agency that oversees child care programs shall— 
(1) award subgrants to eligible entities in ac-
cordance with this section based on the quality of 
applications submitted; and 
(2) prioritize awarding subgrants based on the 
criteria described in section 6(b)(2)(F). 
(e) LOCAL USES OF FUNDS.— 
(1) REQUIRED USES.—An eligible entity that 
receives a subgrant under this section shall use the 
subgrant funds to carry out the following activities 
to support the development of early language and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
literacy in children from birth through kindergarten 
entry: 
(A) Enhance and improve early learning 
programs to ensure that children in such pro-
grams are provided with high-quality, develop-
mentally appropriate oral language, literature- 
and print-rich environments. 
(B) Provide high-quality professional devel-
opment on how children develop language and 
literacy skills (including children with disabil-
ities and English language learners), and the 
selection and integration of developmentally, 
linguistically, and culturally appropriate literacy 
instructional strategies, activities, and mate-
rials, which may include the use of an early lit-
eracy coach for the staff of the eligible entity, 
in such entity’s curriculum and activities. 
(C) Acquire, provide training for, and im-
plement, as appropriate— 
(i) screening assessments or other ap-
propriate measures to determine whether 
children from birth through kindergarten 
entry are developing appropriate early lan-
guage and literacy skills; and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(ii) diagnostic assessments, as appro-
priate, to determine the need for additional 
services. 
(D) Acquire, as appropriate, and integrate 
evidence-based instructional materials, activi-
ties, tools, and measures into the early learning 
programs offered by the eligible entity to im-
prove development of children’s early language 
and literacy skills. 
(2) ALLOWABLE USES.—An eligible entity that 
receives a subgrant under this section may use the 
subgrant funds to carry out either or both of the fol-
lowing activities to support the development of early 
language and literacy in children from birth through 
kindergarten entry: 
(A) Selecting, developing, and imple-
menting a multi-tier system of supports. 
(B) Providing activities that encourage 
family literacy experiences and practices and 
educate parents of children enrolled in a pro-
gram receiving funds under this section on the 
development of their children’s early literacy 
skills. 
(f) PROHIBITION.—The use of assessment items and 
data on any assessment authorized under this section to 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
provide rewards or sanctions for individual children, early 
learning providers, program directors, or principals is pro-
hibited. 
SEC. 8. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 
LITERACY FOR STUDENTS IN KINDERGARTEN 
THROUGH GRADE 12. 
(a) SUBGRANTS.—A State educational agency shall 
use the implementation grant funds provided under sec-
tion 4(a)(2)(B) to award subgrants, on a competitive 
basis, to eligible entities to enable the eligible entities to 
carry out the activities described in subsection (e). 
(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant 
awarded under this section shall be of sufficient size and 
scope to allow the eligible entity to carry out the activities 
described in subsection (e). 
(c) LOCAL APPLICATIONS.—An eligible entity desir-
ing to receive a subgrant under this section shall submit 
an application to the State educational agency at such 
time, in such manner, and containing such information as 
the State educational agency may require. Such applica-
tion shall include, the following information: 
(1) CAPACITY SURVEY.—Results of the eligible 
entity’s capacity survey that— 
(A) identify— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(i) the strengths and weaknesses of 
such entity related to literacy; 
(ii) how subgrant funds will be used 
to inform and improve literacy instruction 
within such entity; and 
(iii) the demographic and socio-
economic information on the students en-
rolled in such entity; and 
(B) include an analysis, disaggregated by 
the 
subgroups 
described 
in 
section 
1111(b)(2)(C)(v)(II) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(C)(v)(II)) and by grade level, of— 
(i) State scores on the reading or lan-
guage arts assessments conducted under 
section 1111(b)(3) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(3)); 
(ii) National Assessment of Edu-
cational Progress reading scores, as appro-
priate; 
(iii) the percentage of students in 
need of reading and writing remediation; 
(iv) core course passing and failure 
rates for secondary school students; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(v) credit accumulation for secondary 
school students; and 
(vi) graduation rates. 
(2) PROFESSIONAL DEVELOPMENT.—How each 
participating school, eligible entity, or a provider of 
high-quality professional development will provide 
ongoing high-quality professional development in 
language development, English language acquisition 
(as appropriate), and literacy instruction to all 
teachers, principals, and other school leaders served 
by the school. 
(3) INTERVENTIONS.—How each participating 
school will identify students in need of interventions 
and provide appropriate scientifically valid instruc-
tional interventions and extended learning time for 
struggling students. 
(4) BUDGET.—A budget for each participating 
school that projects the cost of developing and im-
plementing literacy initiatives to carry out the activi-
ties described in subsection (e). 
(5) INTEGRATION.—An explanation of how each 
participating school will integrate literacy instruction 
into core academic subjects. 
(6) COORDINATION.—A description of how each 
participating school will coordinate literacy instruc-
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
tion with early education, after-school programs, and 
other programs serving students in the school, as 
appropriate. 
(7) 
ASSESSMENTS.—A 
description 
of 
the 
screening, diagnostic, formative, and summative as-
sessments that will be used in an assessment system 
to improve literacy instruction and track student lit-
eracy progress. 
(8) FAMILIES AND CAREGIVERS.—A description 
of how the families and caregivers will be involved 
in supporting their children’s literacy instruction 
and assessment. 
(9) INITIATIVES.—A description of the literacy 
and other academic initiatives, if any, in place and 
how these initiatives will be coordinated and inte-
grated with activities supported under this section. 
(10) PARTICIPATION IN EVALUATION.—An as-
surance that the eligible entity will, if requested, 
participate in the national evaluation described in 
section 10. 
(d) APPROVAL OF LOCAL APPLICATIONS.—The State 
educational agency shall— 
(1) award subgrants to eligible entities in ac-
cordance with this section based on the quality of 
applications submitted; and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(2) prioritize awarding subgrants to eligible en-
tities based on the criteria described in section 
6(b)(2)(F). 
(e) LOCAL USES OF FUNDS FOR KINDERGARTEN 
THROUGH GRADE 12.— 
(1) REQUIRED USES.—An eligible entity that 
receives a subgrant under this section shall use the 
subgrant funds to carry out the following activities 
for students in kindergarten through grade 12: 
(A) Develop and implement a literacy ini-
tiative that— 
(i) includes all of the essential compo-
nents of reading and writing instruction; 
(ii) supports activities that are pro-
vided primarily during the regular school 
day but which may be augmented by in-
struction during nonschool hours or peri-
ods when school is not in session (such as 
before and after school or during summer 
recess); 
(iii) integrates literacy instruction into 
core academic subjects and, to the extent 
practicable, other subjects taught in a 
school, such as career and technical edu-
cation; and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(iv) addresses the literacy needs of 
English language learners and students 
with disabilities. 
(B) Form school literacy leadership teams 
to help implement, assess, and identify changes 
to the literacy initiative. 
(C) Provide high-quality, developmentally- 
appropriate oral language, including listening 
and speaking, literature, and print-rich class-
room environments. 
(D) Provide high-quality professional de-
velopment for instructional staff, including lit-
eracy coaches and teachers of students with dis-
abilities and English language learners. 
(E) Select and administer screening and 
diagnostic assessments and support teachers’ 
use of formative assessments and assessment 
data to plan instruction. 
(F) Select and implement a multi-tier sys-
tem of supports that includes intensive, supple-
mental interventions for students in grades kin-
dergarten through grade 5 reading below grade 
level. 
(G) Provide training to principals and 
other school and district personnel in imple-
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
menting the literacy initiative, particularly in 
the areas of— 
(i) utilizing data; 
(ii) assessing the quality of literacy in-
struction across content areas; and 
(iii) providing time and support for 
teachers to plan literacy instruction. 
(H) Provide family literacy services for 
students and their parents, including training 
to enable families and caregivers to support the 
literacy initiative. 
(I) Promote writing experiences and imple-
ment programs that instruct and engage stu-
dents in practicing writing for multiple audi-
ences and purposes appropriate to the interests 
and capacities of students. 
(J) Annually collect, analyze, and report 
data to the State educational agency. 
(2) ALLOWABLE USES.—An eligible entity that 
receives a subgrant under this section may use the 
subgrant funds to carry out the following activities 
for students in kindergarten through grade 12: 
(A) Acquire and utilize developmentally ap-
propriate instructional materials based on sci-
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
entifically valid research, including materials 
that utilize technology. 
(B) Hire and train literacy coaches. 
(C) Select and implement a multi-tier sys-
tem of supports that includes intensive, supple-
mental interventions for students in grades 6 
through 12 reading below grade level. 
(D) Promote reading, library, and writing 
programs that provide access to engaging read-
ing material in school and at home. 
(E) Connect out-of-school learning oppor-
tunities to in-school learning, including the 
alignment of after-school activities with in- 
school curricula, in order to improve the literacy 
achievement of students. 
(F) Form an acting partnership with 1 or 
more public or private nonprofit organizations 
that have a demonstrated record of effective-
ness in improving literacy development or pro-
viding professional development aligned with 
the activities described in this subsection. 
(f) LIMITATION TO CERTAIN SCHOOLS.—An eligible 
entity receiving a subgrant under this section shall, in dis-
tributing subgrant funds under this subsection, provide 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
the subgrant funds only to schools, including public char-
ter schools, that— 
(1) are among the schools served by the eligible 
entity with the highest numbers or percentages of 
students in grades kindergarten through 12 reading 
and writing below grade level, based on the most 
current State data as available; and 
(2) have the highest numbers or percentages of 
children counted under section 1124(c) of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 6333(c)). 
SEC. 9. ADDITIONAL STATE ACTIVITIES. 
(a) REQUIRED ACTIVITIES.—A State educational 
agency, in consultation with the State agency that over-
sees child care programs, shall use funds made available 
under section 4(a)(2)(C) and described in section 
6(a)(1)(D) to carry out each of the following activities: 
(1) Providing technical assistance or engaging 
qualified providers to provide such assistance, to as-
sist eligible entities to design and implement literacy 
initiatives. 
(2) Identifying and supporting high-quality pro-
fessional development in literacy instruction for eligi-
ble entities. 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(3) Coordinating activities under this Act with 
reading, writing, and other literacy resources and 
programs across the State. 
(4) Disseminating information, including mak-
ing publicly available on the websites of the State 
educational agency and the State agency that over-
sees child care programs, on promising practices to 
improve children’s early literacy and language devel-
opment and student literacy achievement. 
(5) Reviewing and developing recommendations 
in collaboration with teachers, early childhood pro-
viders, statewide educational and professional orga-
nizations representing teachers, and statewide and 
educational and professional organizations rep-
resenting institutions of higher education, to 
strengthen State licensure and certification stand-
ards for literacy instruction in early education 
through grade 12. 
(6) Coordinating with institutions of higher 
education in the State to strengthen and enhance 
pre-service course work for students preparing to 
teach literacy to children and students from birth 
through grade 12. 
(7) Administration and reporting. 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(b) PERMISSIVE ACTIVITIES.—A State educational 
agency, in collaboration with the State agency that over-
sees child care programs, may use funds made available 
under section 4(a)(2)(C) and described in section 
6(a)(1)(D) to carry out 1 or more of the following activi-
ties: 
(1) Training personnel of eligible entities to use 
data systems to track student literacy achievement. 
(2) Developing and providing training to lit-
eracy coaches, including literacy coaches with exper-
tise in early literacy development, language develop-
ment, and adolescent literacy. 
SEC. 10. NATIONAL EVALUATION, INFORMATION DISSEMI-
NATION, AND TECHNICAL ASSISTANCE. 
(a) NATIONAL EVALUATION.— 
(1) IN GENERAL.—From funds reserved under 
paragraph (1)(A)(i) or (2)(A)(i) of section 4(b), the 
Secretary shall perform a 5-year national evaluation 
of the grant and subgrant programs assisted under 
this Act by entering into one or more contracts or 
cooperative agreements with independent organiza-
tions. Such evaluation shall include scientifically 
valid research that applies rigorous and systematic 
procedures to obtain information relevant to the im-
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
plementation and effect of the programs assisted 
under this Act. 
(2) CONTENTS OF EVALUATION.—The evalua-
tion described in this subsection shall include an 
analysis of each of the following: 
(A) IMPACT.—The impact of literacy ini-
tiatives supported under this Act on improving 
early literacy skills and student academic out-
comes, including student literacy development 
in reading and writing, student literacy develop-
ment in other academic content areas, grade 
promotion, and graduation. 
(B) IMPLEMENTATION
OF
CORE
FEA-
TURES.—The fidelity of implementation of core 
program features, such as coherence of program 
across grades, quality of technical assistance, 
State and school district leadership, profes-
sional development for teachers and administra-
tors, use of quality materials and pedagogy, and 
use of assessment. 
(C) OTHER INQUIRIES.—Other inquiries as 
designated by the Secretary, such as— 
(i) the types of literacy initiatives that 
have demonstrated the greatest impact on 
student achievement; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(ii) how State standards, local edu-
cational agency and school curricula, as-
sessments, and interventions combine to 
improve literacy; 
(iii) how screening, diagnostic, and 
formative assessments of reading and writ-
ing assist teachers in identifying students’ 
reading and writing needs; 
(iv) how job-embedded, ongoing, high- 
quality professional development improves 
teacher practice and increases literacy 
skills of children and students; 
(v) the types of literacy activities that 
improve the early reading, writing, and 
language skills of children from birth 
through kindergarten entry; 
(vi) how early learning providers are 
being prepared with scientifically valid re-
search on early childhood literacy and lit-
eracy development; 
(vii) how early literacy instructional 
materials and activities based on scientif-
ically valid research are being integrated 
into preschools, child care programs and 
programs carried out under the Head 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
Start Act (42 U.S.C. 9831 et seq.), and 
family literacy programs; 
(viii) the impact of adolescent literacy 
initiatives on student motivation, engage-
ment, and participation in adolescent lit-
eracy activities; 
(ix) the impact of literacy initiatives 
on diverse learners, including English lan-
guage learners; and 
(x) the relationship between students’ 
literacy achievement and secondary school 
graduation rates. 
(3) REPORTS.— 
(A) INTERIM REPORT.—Not later than 2 
years after the date of the enactment of this 
Act, the Secretary shall submit to the Congress 
an interim report on the national evaluation 
conducted under this subsection. 
(B) FINAL
REPORT.—Not later than 5 
years after the date of the enactment of this 
Act, the Secretary shall submit a final report 
containing the results of the national evaluation 
conducted under this subsection to— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(i) State educational agencies and eli-
gible entities on a periodic basis for use in 
program improvement; and 
(ii) the Congress. 
(b) INFORMATION DISSEMINATION AND TECHNICAL 
ASSISTANCE.— 
(1) IN
GENERAL.—From amounts reserved 
under paragraph (1)(A)(i) or (2)(A)(i) of section 
4(b), the Secretary shall, in collaboration with the 
Secretary of Health and Human Services, the Direc-
tor of the National Institute of Child Health and 
Human Development, regional educational labora-
tories established under section 174 of the Edu-
cation Sciences Reform Act of 2002 (20 U.S.C. 
9564), and the comprehensive centers established 
under section 203 of the Educational Technical As-
sistance Act of 2002 (20 U.S.C. 9602), distribute 
information and provide technical assistance on lit-
eracy instruction, including— 
(A) information on literacy instruction and 
the impact of the instruction on— 
(i) student achievement, motivation, 
and engagement for literacy; and 
(ii) student graduation with a sec-
ondary school diploma; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(B) information on elements of job-embed-
ded, ongoing, high-quality professional develop-
ment that improves literacy achievement in chil-
dren and students in early education through 
grade 12; and 
(C) information on schools, eligible enti-
ties, and States that have successfully improved 
literacy achievement in early education through 
grade 12. 
(2) DISSEMINATION AND COORDINATION.—The 
Secretary shall disseminate and make publicly avail-
able the information described in paragraph (1) to— 
(A) recipients of Federal financial assist-
ance under this Act, part A of title I of the Ele-
mentary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.), the Head Start Act 
(42 U.S.C. 9831 et seq.), the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et 
seq.), and the Adult Education and Family Lit-
eracy Act (20 U.S.C. 9201 et seq.); and 
(B) each school operated or funded by the 
Bureau of Indian Education. 
(3) USE OF NETWORKS.—In carrying out this 
subsection, the Secretary shall, to the extent prac-
ticable, use information and dissemination networks 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
developed and maintained through other public and 
private entities. 
SEC. 11. CONSEQUENCES OF INSUFFICIENT PROGRESS, RE-
PORTING REQUIREMENTS, AND CONFLICTS 
OF INTEREST. 
(a) CONSEQUENCES OF INSUFFICIENT PROGRESS.— 
(1) CONSEQUENCES FOR GRANT RECIPIENTS.— 
If the Secretary determines that a State educational 
agency receiving an award under section 4(b) or an 
eligible entity receiving a subgrant under section 7 
or 8 is not making significant progress in meeting 
the purposes of this Act after the submission of a 
report described in subsection (b), then the Sec-
retary may withhold, in whole or in part, further 
payments under this Act in accordance with section 
455 of the General Education Provisions Act (20 
U.S.C. 1234d) or take such other action authorized 
by law as the Secretary determines necessary, in-
cluding providing technical assistance upon request 
of the State educational agency, or eligible entity, 
respectively. 
(2) CONSEQUENCES
FOR
SUBGRANT
RECIPI-
ENTS.—A State educational agency or State agency 
that oversees child care programs, as appropriate, 
receiving an award under section 4(b) may refuse to 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
award subgrant funds to an eligible entity under sec-
tion 7 or 8 if such State agency finds that the eligi-
ble entity is not making significant progress in meet-
ing the purposes of this Act, after— 
(A) providing technical assistance to the el-
igible entity; and 
(B) affording the eligible entity notice and 
an opportunity for a hearing. 
(b) REPORTING REQUIREMENTS.— 
(1) STATE EDUCATIONAL AGENCY REPORTS.— 
Each State educational agency receiving an award 
under section 6 shall report annually to the Sec-
retary regarding the State educational agency’s 
progress and the progress of the State agency that 
oversees child care programs in addressing the pur-
poses of this Act. Such report shall include, at a 
minimum, a description of— 
(A) the professional development activities 
provided under the award, including types of 
activities and entities involved in providing pro-
fessional development to early childhood pro-
viders, classroom teachers, and other instruc-
tional staff; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(B) instruction, strategies, activities, cur-
ricula, materials, and assessments used in the 
programs funded under the award; 
(C) the types of programs funded under 
the award and the ages, grade levels, and demo-
graphic information of children served by the 
programs funded under the award, except that 
individually identifiable information shall not be 
included; 
(D) the experience and qualifications of 
the instructional staff who provide literacy in-
struction under the programs funded under the 
award, including the experience and qualifica-
tions of those staff working with children with 
disabilities and with English language learners; 
(E) key data metrics used for literacy ini-
tiatives; 
(F) student performance on relevant pro-
gram metrics, as identified in the State edu-
cation agency’s implementation plan under sec-
tion 6(b)(2)(C), such as— 
(i) the number of students reading 
and writing on grade level by the end of 
the third grade, disaggregated by the sub-
groups 
described 
in 
section 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
1111(b)(2)(C)(v)(II) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(2)(C)(v)(II)); and 
(ii) the instruction and activities deliv-
ered to at-risk students served under the 
award; and 
(G) the outcomes of programs and activi-
ties provided under the award. 
(2) ELIGIBLE ENTITY REPORTS.—Each eligible 
entity receiving a subgrant under section 7 or 8 
shall report annually to the State educational agency 
or the State agency that oversees child care pro-
grams, as appropriate, regarding the eligible entity’s 
progress in addressing the purposes of this Act. 
Such report shall include, at a minimum, a descrip-
tion of— 
(A) how the subgrant funds were used; 
(B) the literacy achievement growth of stu-
dents, including children who are English lan-
guage learners and children with disabilities, as-
sisted under the subgrant; 
(C) the professional development of activi-
ties provided under the award, including types 
of activities and entities involved in providing 
professional development to early childhood pro-
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
viders, classroom teachers, and other instruc-
tional staff; 
(D) instruction, strategies, activities, cur-
ricula, materials, and assessments used in the 
programs funded under the award; 
(E) the types of programs funded under 
the award and the ages, grade levels, and demo-
graphic information of children served by the 
programs funded under the award, except that 
individually identifiable information shall not be 
included; 
(F) the experience and qualifications of the 
instructional staff who provide literacy instruc-
tion under the programs funded under the 
award, including the experience and qualifica-
tions of those staff working with children with 
disabilities and with English language learners; 
(G) key data metrics used for literacy ini-
tiatives; 
(H) student performance on relevant pro-
gram metrics, as identified in the State edu-
cation agency’s implementation plan under sec-
tion 6(b)(2)(C), such as— 
(i) the number of students reading 
and writing on grade level by the end of 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
the third grade, disaggregated by the sub-
groups 
described 
in 
section 
1111(b)(2)(C)(v)(II) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(2)(C)(v)(II)) ; and 
(ii) the instruction and activities deliv-
ered to at-risk students served under the 
award; 
(I) the outcomes of programs and activities 
provided under the award; and 
(J) the results of an external evaluation, if 
the Secretary determines applicable. 
(c) CONFLICTS OF INTEREST.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Education shall create and implement proce-
dures— 
(A) to assess whether a covered individual 
or entity has a potential conflict of interest; and 
(B) to require the disclosure and mitiga-
tion of any such conflict of interest to ensure 
the integrity of the related program. 
(2) EVALUATION BY THE COMPTROLLER GEN-
ERAL.— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(A) IN GENERAL.—Not later than 60 days 
after the creation of the procedures described in 
paragraph (1), the Comptroller General of the 
United States shall report to the Committee on 
Education and Labor of the House of Rep-
resentatives and the Committee on Health, 
Education, Labor and Pensions of the Senate 
on the adequacy of such procedures to identify, 
disclose, and manage conflicts of interest. 
(B) UPDATES.—Beginning not less than 6 
months after the report described in subpara-
graph (A) is filed, the Comptroller General shall 
evaluate the Department’s implementation of 
the procedures described in paragraph (1) and 
report to the Committee on Education and 
Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and 
Pensions of the Senate every 6 months to en-
sure that the Department has adequately imple-
mented such procedures. The Comptroller Gen-
eral shall include in the reports any rec-
ommendations for modifications to such proce-
dures that the Comptroller General determines 
are appropriate to properly identify, disclose, 
and manage conflicts of interest. 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(3) DEFINITIONS.—For the purposes of this 
subsection: 
(A) The term ‘‘covered individual or enti-
ty’’ means— 
(i) an officer or professional employee 
of the Department of Education; 
(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. 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
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 
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) DIAGNOSTIC ASSESSMENT.—The term ‘‘di-
agnostic assessment’’ means an assessment that— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(A) is developmentally, linguistically, and 
culturally appropriate; 
(B) is valid, reliable, and based on scientif-
ically valid research on literacy and English lan-
guage acquisition; 
(C) is used for the purposes of— 
(i) identifying a student’s specific 
areas of strengths and weaknesses in lit-
eracy; 
(ii) determining any difficulties that 
the student may have in literacy and the 
potential cause of such difficulties; 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-
fies potential risks for delayed development or 
later academic difficulties. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) when used with respect to children 
from birth through kindergarten entry— 
(i) 1 or more local educational agen-
cies providing early learning programs, or 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
1 or more public or private early learning 
programs, serving children from birth 
through kindergarten entry, such as a 
Head Start agency, a child care program, 
a State-funded pre-kindergarten program, 
a public library program, or a family lit-
eracy program that has a demonstrated 
record of providing effective literacy in-
struction for the age group such agency or 
program is proposing to serve under sec-
tion 7; or 
(ii) 1 or more local educational agen-
cies providing early learning programs, or 
1 or more public or private early learning 
programs, serving children from birth 
through kindergarten entry, such as a 
Head Start agency, a child care program, 
a State-funded pre-kindergarten program, 
a public library program, or a family lit-
eracy program in partnership with 1 or 
more public or private nonprofit organiza-
tions or agencies that have a demonstrated 
record of effectiveness— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(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 
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. 
(4) ENGLISH LANGUAGE ACQUISITION.— 
(A) IN GENERAL.—The term ‘‘English lan-
guage acquisition’’ means the process by which 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
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. 
(5) 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)). 
(6) ESSENTIAL COMPONENTS OF EARLY LIT-
ERACY INSTRUCTION.—The term ‘‘essential compo-
nents of early literacy instruction’’ means providing, 
for children prior to the age of kindergarten entry, 
interactive experiences in a print- and literacy-rich 
environment that promote the development of— 
(A) oral language, including vocabulary, 
grammar, and syntax; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(B) motivational aspects of early literacy, 
including enjoyment of reading and books; 
(C) book-reading behaviors, including book 
handling and orientation; 
(D) recognition and understanding of pic-
tures and story concepts; 
(E) concepts about print; 
(F) alphabet knowledge; 
(G) phonological awareness, including the 
awareness of rhymes, sounds, and syllables; 
(H) emergent writing skills, including use 
of writing materials; and 
(I) integration of print concepts into play. 
(7) ESSENTIAL COMPONENTS OF READING AND 
WRITING INSTRUCTION.—The term ‘‘essential com-
ponents of reading and writing instruction’’ means, 
for students in kindergarten through grade 12, de-
velopmentally appropriate, explicit, and systematic 
instruction that provides students the following: 
(A) With respect to students in kinder-
garten through grade 12— 
(i) high-quality professional develop-
ment for teachers, instructional staff, and 
principals; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(ii) diverse texts at the appropriate 
reading and interest level of students; 
(iii) differentiated instructional ap-
proaches; 
(iv) instruction and supports to in-
crease students’ motivation to read, includ-
ing self-directed learning; 
(v) as appropriate, systematic and in-
tensive one-to-one and small group instruc-
tion, including extended time for intense 
intervention for students reading signifi-
cantly below grade level, which can be pro-
vided both inside and outside the classroom 
as well as during and outside regular 
school hours; 
(vi) opportunities to write individually 
and collaboratively; 
(vii) instruction in uses of print mate-
rials, multimedia, and technological re-
sources for research and for generating 
and presenting content and ideas; and 
(viii) use of screening, diagnostic, 
formative, and summative assessments. 
(B) With respect to students in grades kin-
dergarten through grade 3— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(i) strategic and explicit instruction 
using phonological awareness, phonic de-
coding, vocabulary, language structure, 
reading fluency and reading comprehen-
sion; 
(ii) use of oral modeling techniques to 
build language skills; and 
(iii) coordinated involvement of fami-
lies, caregivers, school leaders, and instruc-
tional staff. 
(C) With respect to students in grades 4 
through 12— 
(i) direct and explicit comprehension 
instruction; 
(ii) direct and explicit instruction that 
builds academic vocabulary; 
(iii) multiple opportunities to write 
with clear purposes and critical reasoning 
appropriate to the topic and purpose and 
with specific instruction and feedback from 
teachers; 
(iv) text-based collaborative learning; 
and 
(v) coordinated involvement of school 
leaders and instructional staff that are 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
interdisciplinary 
and 
interdepartmental 
and that analyze student work over time 
and plan literacy instruction. 
(8) FAMILY
LITERACY
SERVICES.—The term 
‘‘family literacy services’’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient 
duration, to make sustainable changes in a family, 
and that integrate all of the following activities: 
(A) Interactive literacy activities between 
parents and their children. 
(B) Training for parents regarding how to 
be the primary teacher for their children and 
full partners in the education of their children. 
(C) Parent literacy training that leads to 
economic self-sufficiency. 
(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences. 
(9) 
FORMATIVE
ASSESSMENT.—The 
term 
‘‘formative assessment’’ means assessment ques-
tions, tools, and processes that are— 
(A) developmentally, linguistically, and cul-
turally appropriate; 
(B) embedded in instruction; and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(C) used by teachers and students to pro-
vide timely feedback for purposes of adjusting 
instruction to improve learning. 
(10) HIGH-QUALITY PROFESSIONAL DEVELOP-
MENT.—The term ‘‘high-quality professional devel-
opment’’ means professional development that— 
(A) is job-embedded, ongoing, and based 
on scientifically valid research; 
(B) is sustained, intensive, and classroom 
focused, and may include a 1-day or short-term 
workshop or conference, if such workshop or 
conference is part of a professional development 
plan for the attendee; 
(C) is designed to increase the knowledge 
and expertise of instructional staff in imple-
menting the essential components of early lit-
eracy instruction and the essential components 
of reading and writing instruction, as appro-
priate; 
(D) includes and supports early learning 
providers and teachers in appropriately and ef-
fectively administering screening and diagnostic 
assessments, and in using information from 
such assessments when implementing the essen-
tial components of early literacy instruction and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
the essential components of reading and writing 
instruction for the purposes of planning, moni-
toring, adapting, and improving classroom in-
struction in order to improve student learning, 
as appropriate; 
(E) supports the integration of literacy in-
struction in core academic subjects and, to the 
extent practicable, other subjects taught at 
school, such as career and technical education; 
(F) includes information on one-to-one, 
small group, and classroom-based instructional 
materials and approaches based on scientifically 
valid research on literacy; 
(G) provides ongoing instructional literacy 
coaching— 
(i) to ensure high-quality implementa-
tion of effective practices of literacy in-
struction that is content centered, collabo-
rative, and school and classroom embed-
ded; and 
(ii) that uses student data to improve 
instruction; 
(H) includes and supports teachers in set-
ting high reading and writing achievement goals 
for all students and provides the teachers with 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
the instructional tools and skills, including 
strategies consistent with the principles of uni-
versal design for learning, to help students 
reach such goals. 
(11) INSTRUCTIONAL STAFF.— 
(A) IN
GENERAL.—The term ‘‘instruc-
tional staff’’ means individuals who have re-
sponsibility for teaching students to read and 
write, or in the case of children from birth to 
kindergarten entry, teaching early literacy skills 
and language development. 
(B) INCLUSIONS.—Such term includes 
principals, teachers, early learning providers, 
supervisors of instruction, pupil services per-
sonnel, librarians, library school media special-
ists, teachers of academic subjects other than 
reading or writing, other school leaders, literacy 
coaches, and other individuals who have respon-
sibility for assisting children to learn to read 
and write. 
(12) LITERACY
COACH.—The term ‘‘literacy 
coach’’ means a professional— 
(A) who— 
(i) has previous teaching experience 
and— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(I) for the purpose of literacy 
coaches working with early learning 
programs, has expertise in early child-
hood development and early literacy; 
(II) for the purpose of literacy 
coaches working with kindergarten 
through grade 12— 
(aa) a master’s degree with 
a concentration in reading and 
writing education; or 
(bb) has demonstrated pro-
ficiency in teaching reading or 
writing in a core academic sub-
ject; and 
(ii) is able to demonstrate the ability 
to help early learning providers or teach-
ers— 
(I) use evidence-based research 
on how children and students become 
successful readers, writers, and com-
municators; 
(II) use multiple forms of assess-
ment to guide instructional decision 
making; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(III) for the purpose of literacy 
coaches working with— 
(aa) 
early 
learning 
pro-
grams, support and coordinate 
the language and literacy cur-
ricula and activities with the 
overall early childhood education 
program; and 
(bb) 
teachers 
in 
kinder-
garten through grade 12, im-
prove student writing and read-
ing in and across content areas 
such as mathematics, science, so-
cial studies, and language arts; 
(IV) develop and implement dif-
ferentiated instruction to serve the 
needs of diverse learners, including 
English language learners and chil-
dren with disabilities; 
(V) use the principles of uni-
versal design for learning in instruc-
tional strategies and in selecting ma-
terials and tools to serve the diverse 
needs 
of 
all 
learners, 
including 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
English language learners and chil-
dren with disabilities; 
(VI) employ best practices in en-
gaging 
principals, 
teachers, 
early 
learning providers, and other edu-
cation staff to change school cultures 
to better encourage and support lit-
eracy development and achievement; 
(VII) use data to improve in-
struction; and 
(VIII) for the purpose of literacy 
coaches working with— 
(aa) 
early 
learning 
pro-
grams, set developmentally ap-
propriate early literacy goals and 
select and acquire instructional 
tools and skills to help children 
reach such goals; 
(bb) kindergarten through 
grade 12, set high reading and 
writing achievement goals for all 
students and select and acquire 
instructional tools and skills to 
help students reach such goals; 
and 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(B) whose role with early learning pro-
viders, teachers and school personnel is— 
(i) to provide high-quality professional 
development opportunities in literacy and 
language development for early learning 
providers, teachers and school personnel, 
including in the case of early learning pro-
viders, helping staff in planning and imple-
mentation of ongoing professional develop-
ment; 
(ii) to work cooperatively and collabo-
ratively with principals, teachers, early 
learning providers and other professionals 
in planning programs to help, as appro-
priate— 
(I) early learning providers iden-
tify children’s early literacy needs so 
that such providers can meet the early 
literacy needs of children at risk for 
delayed development and later aca-
demic difficulties; 
(II) teachers identify student lit-
eracy needs and teach literacy across 
the content areas so that the teachers 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
can meet the needs of students read-
ing and writing below grade level; and 
(iii) to work cooperatively and collabo-
ratively with other professionals in plan-
ning programs to help early learning pro-
viders and teachers teach literacy across 
content areas so that the early learning 
providers and teachers can meet the needs 
of diverse learners, including children with 
disabilities, English language learners, and 
students who are reading at grade level. 
(13) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’— 
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965; and 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law. 
(14) MULTI-TIER SYSTEM OF SUPPORTS.—The 
term ‘‘multi-tier system of supports’’ means a com-
prehensive system of differentiated supports that in-
cludes evidence-based instruction, universal screen-
ing, progress monitoring, formative assessment, and 
research-based interventions matched to student 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
needs, and educational decisionmaking using student 
outcome data. 
(15) READING.—The term ‘‘reading’’ means a 
complex system of deriving meaning from print that 
requires all of the following: 
(A) The skills and knowledge to under-
stand how phonemes, or speech sounds, are 
connected to print. 
(B) The ability to decode unfamiliar words. 
(C) The ability to read fluently. 
(D) Sufficient background information and 
vocabulary to foster reading comprehension. 
(E) The development of appropriate active 
strategies to construct meaning from print. 
(F) The development and maintenance of a 
motivation to read. 
(16) SCHOOL LEADER.—The term ‘‘school lead-
er’’ means an individual who— 
(A) is an employee or officer of a school; 
and 
(B) is responsible for— 
(i) the school’s performance; and 
(ii) the daily instructional and mana-
gerial operations of the school. 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(17) SCIENTIFICALLY VALID RESEARCH.—The 
term ‘‘scientifically valid research’’ has the meaning 
given the term in section 200 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1021). 
(18) 
SCREENING
ASSESSMENT.—The 
term 
‘‘screening assessment’’ means an assessment that— 
(A) is developmentally, linguistically, and 
culturally appropriate; 
(B) is valid, reliable, and based on scientif-
ically valid research on literacy and English lan-
guage acquisition; and 
(C) is a procedure designed as a first step 
in identifying children who may be at high risk 
for delayed development or later academic dif-
ficulties and in need of further diagnosis of the 
children’s need for special services or additional 
literacy instruction. 
(19) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin 
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(20) STATE LITERACY LEADERSHIP TEAM.— 
(A) IN GENERAL.— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(i) APPOINTMENT; RESPONSIBILITY; 
COMPOSITION.—The term ‘‘State literacy 
leadership team’’ means a team that— 
(I) is appointed and coordinated 
by the State educational agency, ex-
cept that individuals described in sub-
clauses (I)(aa), (I)(hh), and (II)(gg) 
of clause (ii) shall be appointed by the 
State agency that oversees child care 
programs; and 
(II) is composed of not less than 
13 individuals and includes the indi-
viduals described in clause (ii). 
(ii) 
INDIVIDUALS
INCLUDED.—A 
State literacy team— 
(I) shall include— 
(aa) an individual who has 
literacy expertise with respect to 
children from birth through kin-
dergarten entry; 
(bb) an individual who has 
literacy expertise with respect to 
students in kindergarten through 
grade 5; 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(cc) an individual who has 
literacy expertise with respect to 
students in grades 6 through 12; 
(dd) a school principal; 
(ee) 
a 
special 
education 
teacher with literacy expertise; 
(ff) a representative from 
the family literacy community; 
(gg) a teacher or adminis-
trator with expertise in teaching 
English language learners; 
(hh) a representative from 
the States agency that oversees 
child care programs; 
(ii) a representative from 
the State educational agency who 
oversees literacy initiatives; and 
(jj) a representative from 
higher education who is actively 
involved in research, develop-
ment, and teacher preparation in 
literacy instruction and interven-
tion based on scientifically valid 
research; and 
(II) may include— 
VerDate Nov 24 2008 
04:05 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
(aa) a literacy specialist 
serving in a school district within 
the State; 
(bb) a literacy coach; 
(cc) a library media spe-
cialist; 
(dd) a school counselor; 
(ee) a teacher of a core aca-
demic subject; 
(ff) a special education ad-
ministrator; 
(gg) an early learning pro-
vider; 
(hh) a college or university 
professor; 
(ii) a parent; 
(jj) a business leader; 
(kk) a representative from 
the Governor’s office; 
(ll) a representative from 
the State board of education; 
(mm) a representative from 
the State legislature; 
(nn) a nonprofit and com-
munity-based organization pro-
VerDate Nov 24 2008 
04:50 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS
viding literacy instruction and 
support; and 
(oo) a representative from a 
school district superintendent’s 
office. 
(B) INCLUSION OF A PREEXISTING PART-
NERSHIP.—If, before the date of the enactment 
of this Act, a State educational agency estab-
lished a consortium, partnership, or any other 
similar body that was considered a literacy 
partnership for purposes of subpart 1 or 2 of 
part B of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6361 
et seq., 6371 et seq.) and that includes the indi-
viduals required under subparagraph (A)(ii)(I), 
such consortium, partnership, or body may be 
considered a State literacy leadership team for 
purposes of subparagraph (A). 
(21) STUDENT WITH A DISABILITY.—The term 
‘‘student with a disability’’ has the meaning given 
the term ‘‘child with a disability’’ in section 602(3) 
of the Individuals with Disabilities Education Act 
(20 U.S.C. 1401(3)). 
VerDate Nov 24 2008 
04:50 Nov 08, 2009
Jkt 089200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H4037.IH
H4037
smartinez on DSKB9S0YB1PROD with BILLS