20 U.S.C. § 6368 (EDUCATION)
§ 6368. Definitions
In this subpart:
(1) Eligible local educational agency
The term “eligible local educational agency” means a local educational agency that—
(A) is among the local educational agencies in the State with the highest numbers or percentages of students in kindergarten through grade 3 reading below grade level, based on the most currently available data; and
(B) has—
(i) jurisdiction over a geographic area that includes an area designated as an empowerment zone, or an enterprise community, under part I of subchapter U of chapter 1 of title 26;
(ii) jurisdiction over a significant number or percentage of schools that are identified for school improvement under section 6316(b) of this title; or
(iii) the highest numbers or percentages of children who are counted under section 6333(c) of this title, in comparison to other local educational agencies in the State.
(2) Eligible professional development provider
The term “eligible professional development provider” means a provider of professional development in reading instruction to teachers, including special education teachers, that is based on scientifically based reading research.
(3) Essential components of reading instruction
The term “essential components of reading instruction” means explicit and systematic instruction in—
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) reading fluency, including oral reading skills; and
(E) reading comprehension strategies.
(4) Instructional staff
The term “instructional staff”—
(A) means individuals who have responsibility for teaching children to read; and
(B) includes principals, teachers, supervisors of instruction, librarians, library school media specialists, teachers of academic subjects other than reading, and other individuals who have responsibility for assisting children to learn to read.
(5) 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 understand 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.
(6) Scientifically based reading research
The term “scientifically based reading research” means research that—
(A) applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and
(B) includes research that—
(i) employs systematic, empirical methods that draw on observation or experiment;
(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and
(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(7) Screening, diagnostic, and classroom-based instructional reading assessments
(A) In general
The term “screening, diagnostic, and classroom-based instructional reading assessments” means—
(i) screening reading assessments;
(ii) diagnostic reading assessments; and
(iii) classroom-based instructional reading assessments.
(B) Screening reading assessment
The term “screening reading assessment” means an assessment that is—
(i) valid, reliable, and based on scientifically based reading research; and
(ii) a brief procedure designed as a first step in identifying children who may be at high risk for delayed development or academic failure and in need of further diagnosis of their need for special services or additional reading instruction.
(C) Diagnostic reading assessment
The term “diagnostic reading assessment” means an assessment that is—
(i) valid, reliable, and based on scientifically based reading research; and
(ii) used for the purpose of—
(I) identifying a child’s specific areas of strengths and weaknesses so that the child has learned to read by the end of grade 3;
(II) determining any difficulties that a child may have in learning to read and the potential cause of such difficulties; and
(III) helping to determine possible reading intervention strategies and related special needs.
(D) Classroom-based instructional reading assessment
The term “classroom-based instructional reading assessment” means an assessment that—
(i) evaluates children’s learning based on systematic observations by teachers of children performing academic tasks that are part of their daily classroom experience; and
(ii) is used to improve instruction in reading, including classroom instruction.
(Pub. L. 89–10, title I, § 1208, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1549.)
heading: Prior Provisions
text: A prior section 6368, Pub. L. 89–10, title I, § 1208, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3583; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(c)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409; Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 306(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–260; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(l)], Dec. 21, 2000, 114 Stat. 2763, 2763A–332, related to award of Even Start subgrants, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 6381g of this title.
Prior sections 6369, 6369a, 6369b, and 6370 were omitted in the general amendment of this subchapter by Pub. L. 107–110.
Section 6369, Pub. L. 89–10, title I, § 1209, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3584; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 203], Oct. 21, 1998, 112 Stat. 2681–337, 2681–408, related to evaluation of Even Start programs. See section 6381h of this title.
Section 6369a, Pub. L. 89–10, title I, § 1210, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(a)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409, related to indicators of Even Start program quality. See section 6381i of this title.
Section 6369b, Pub. L. 89–10, title I, § 1211, as added Pub. L. 105–277, div. A, § 101(f) [title VIII, § 205], Oct. 21, 1998, 112 Stat. 2681–337, 2681–410; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(m)], Dec. 21, 2000, 114 Stat. 2763, 2763A–333, authorized research. See section 6381j of this title.
Section 6370, Pub. L. 89–10, title I, § 1212, formerly § 1210, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3584; renumbered § 1212, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409, related to construction of provisions. See section 6381k of this title.