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. 
(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 
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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 
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). 
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(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 
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; 
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(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-
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-
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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 
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— 
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(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. 
(5) ENGLISH LANGUAGE ACQUISITION.— 
(A) IN GENERAL.—The term ‘‘English lan-
guage acquisition’’ means the process by which 
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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-
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; 
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(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. 
(8) 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; 
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(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— 
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(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 
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interdisciplinary 
and 
interdepartmental 
and that analyze student work over time 
and plan literacy instruction. 
(9) 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. 
(10) 
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 
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(C) used by teachers and students to pro-
vide timely feedback for purposes of adjusting 
instruction to improve learning. 
(11) 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, 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 teachers and 
early learning providers in administering age- 
and developmentally appropriate assessments; 
and analyzing the results of these student as-
sessments when implementing the essential 
components of early literacy instruction and the 
essential components of reading and writing in-
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struction for the purposes of planning, moni-
toring, adapting, and improving classroom in-
struction or teaching strategies to improve stu-
dent learning, as appropriate; 
(E) for kindergarten through 12th grade, 
supports the integration of literacy instruction 
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, inte-
grated across the curricula, collaborative, 
and school, setting, 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 
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for all students and provides the teachers with 
the instructional tools and skills, including 
strategies consistent with the principles of uni-
versal design for learning, to help students 
reach such goals; and 
(I) is differentiated for educators working 
with children from birth through kindergarten 
entry, students in kindergarten through grade 
5, and students in grades 6 through 12, and, as 
appropriate, by student grade or student need. 
(12) 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-
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sibility for assisting children to learn to read 
and write. 
(13) LITERACY
COACH.—The term ‘‘literacy 
coach’’ means a professional— 
(A) who— 
(i) has previous teaching experience 
and— 
(I) for the purpose of literacy 
coaches working with early learning 
programs, has expertise in early child-
hood development and early literacy; 
and 
(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— 
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(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; 
(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 and teaching 
approaches to serve the needs of di-
verse learners, including English lan-
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guage learners and children with dis-
abilities; 
(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 
English language learners and chil-
dren with disabilities; 
(VI) employ best practices in en-
gaging instructional staff to change 
school cultures to better encourage 
and support literacy 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; and 
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(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 
(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 
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