II 118th CONGRESS 1st Session S. 1307 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that students in schools have a right to read, and for other purposes.

1. Short title This Act may be cited as the Right to Read Act of 2023 . 2. Definitions Section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (19) through (28), paragraphs (29) through (43), paragraphs (44) through (49), and paragraphs (50) through (52) as paragraphs (20) through (29), paragraphs (31) through (45), paragraphs (47) through (52), and paragraphs (54) through (56), respectively; (2) by inserting after paragraph (18) the following: (19) Effective school library The term effective school library means a library that— (A) is staffed by supporting staff and at least one full-time State-certified school librarian who— (i) is an instructional leader, information specialist, and teacher; (ii) supports the digital learning environment and the development of participatory learning, inquiry learning, digital literacy, and information literacy; and (iii) supports, supplements, and elevates the literacy experience through guidance in reading for learning and motivational reading initiatives in order to enhance student achievement and foster lifelong reading and learning; (B) is otherwise adequately staffed to be open to students before, during, and after the school day; (C) has a sufficient collection of professionally curated up-to-date digital and print materials and technology, including openly licensed educational resources; (D) provides appropriate facilities for maintaining and providing equitable access to materials, technology, connectivity, and library and literacy instruction; (E) provides regular skills development or training for classroom teachers, school librarians, library paraprofessional staff, and other educators; (F) provides opportunities for collaboration between classroom teachers and school librarians; and (G) implements nationally recognized professional standards of practice. ; (3) by inserting after paragraph (29), as redesignated by paragraph (1), the following: (30) Information literacy The term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images). ; (4) by inserting after paragraph (45), as redesignated by paragraph (1), the following: (46) Right to read The term right to read means all students have access to— (A) linguistically and developmentally appropriate, evidence-based reading instruction; (B) effective school libraries; (C) family literacy support; (D) culturally diverse and inclusive materials; (E) reading materials in the home; and (F) the freedom to choose reading materials. ; and (5) by inserting after paragraph (52), as redesignated by paragraph (1), the following: (53) Teacher The term teacher includes a school librarian. . 3. Amendments to title I (a) State plans Section 1111 of that Act ( 20 U.S.C. 6311 ) is amended— (1) in subsection (a)(4)(A)(ii)(I)(aa), by inserting (including school librarians) after teachers ; and (2) in subsection (g)— (A) in paragraph (1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F), by striking and after the semicolon; (iii) by inserting after subparagraph (F) the following: (G) how the State will work to ensure that low-income students, minority students, students with disabilities, and English learners are not disproportionally enrolled in schools that lack an effective school library, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to ensuring such access to an effective school library; and ; and (iv) in subparagraph (H), as redesignated by clause (i), by inserting , including the development of digital literacy and information literacy skills after academic standards ; and (B) in paragraph (2)— (i) in subparagraph (J), by inserting (including school librarians) after teachers ; (ii) in subparagraph (M), by striking and after the semicolon; (iii) in subparagraph (N), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (O) the State educational agency has a policy regarding the right to read and will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, school librarians, principals, other school leaders, specialized support personnel, parents, and the public of such policy. . (b) Local educational agency plans Section 1112 of that Act ( 20 U.S.C. 6312 ) is amended— (1) in subsection (a)(1)(A), by inserting (including school librarians) after teachers ; and (2) in subsection (b)— (A) in paragraph (12)(B), by striking and after the semicolon; (B) by striking paragraph (13); and (C) by adding at the end the following: (13) how the local educational agency will— (A) support and improve effective school libraries by supporting the work of State-certified school librarians to ensure that students have equitable access to such libraries; and (B) assist schools in developing effective school libraries to provide students an opportunity to develop digital literacy and information literacy skills and improve academic achievement; (14) the policies the local educational agency has in place to protect the right to read; and (15) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include a description of how the local educational agency will assist schools in identifying and serving gifted and talented students. . 4. Amendments to title II (a) Authorization of appropriations Section 2003 of that Act ( 20 U.S.C. 6603 ) is amended— (1) in subsection (b), by inserting except for subpart 2, after part B, ; and (2) by adding at the end the following: (c) Literacy education for all, results for the nation There are authorized to be appropriated— (1) for grants authorized under section 2222, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years; and (2) for grants authorized under section 2226, $100,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years. . (b) Formula grants to states Section 2101 of that Act ( 20 U.S.C. 6611 ) is amended— (1) in subsection (c)(4)(B)— (A) by redesignating clauses (xiv) through (xxi) as clauses (xvii) through (xxiv), respectively; (B) by striking clause (xiii) and inserting the following: (xiii) Supporting and improving effective school libraries that involve collaboration with State-certified school librarians. ; and (C) by inserting after clause (xiii) the following: (xiv) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting, hiring, and retaining State-certified school librarians. (xv) Providing training to school librarians, teachers, and school leaders on how to leverage effective school libraries for academic achievement, digital literacy, information literacy, and student and family engagement. (xvi) Providing training to library paraprofessional and other library staff to improve the effectiveness of school library programs. ; and (2) in subsection (d)(3)(A), by inserting (including school librarians) after teachers . (c) Local uses of funds Section 2103(b)(3) of that Act ( 20 U.S.C. 6613(b)(3) ) is amended by striking subparagraph (K) and inserting the following: (K) programs and activities to support and improve effective school libraries that involve collaboration with State-certified school librarians, such as efforts to promote and support digital literacy, information literacy, extended student inquiry, and capstone projects; . (d) Reservations Section 2201 of that Act ( 20 U.S.C. 6621 ) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (e) Learn purposes and definitions Section 2221(b) of that Act ( 20 U.S.C. 6641(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (K), by striking and after the semicolon; (B) in subparagraph (L), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (M) provides opportunities for students to develop digital literacy and information literacy skills. ; and (2) in paragraph (2)(C), by inserting public libraries, or pediatric literacy programs after which may include early childhood education programs . (f) Comprehensive literacy state development grants Section 2222 of that Act ( 20 U.S.C. 6642 ) is amended— (1) in subsection (a), by striking From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), and inserting From amounts appropriated to carry out this section ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking reserved to carry out this subpart and inserting appropriated to carry out this section ; and (B) in paragraphs (2) and (3), by striking subpart and inserting section each place the term appears; (3) in subsection (d)— (A) in paragraph (1), by striking and the State agency responsible for administering child care programs and inserting the State agency responsible for administering child care programs in the State, and the State library administrative agency ; and (B) in paragraph (2)(A), by inserting , diverse high quality print materials, and effective school libraries, after teachers of literacy ; and (4) in subsection (f)(2)— (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (B) by inserting after subparagraph (A) the following: (B) Providing technical assistance to eligible entities in the development of effective school libraries, which may include establishing a statewide office to coordinate technical assistance for such libraries. . (g) Subgrants to eligible entities in support of birth through kindergarten entry literacy Section 2223(a)(1) of that Act ( 20 U.S.C. 6643(a)(1) ) is amended by inserting the State library administrative agency, before and, if applicable, . (h) Innovative approaches to literacy Section 2226(a) of that Act ( 20 U.S.C. 6646(a) ) is amended— (1) in the matter preceding paragraph (1), by striking From amounts reserved under section 2201(2) and inserting From amounts appropriated to carry out this section ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following: (2) increasing the number of State-certified school librarians supporting students in high need schools; . (i) Technical amendments (1) Section 2231(a) of that Act ( 20 U.S.C. 6661(a) ) is amended, in the matter preceding paragraph (1) by striking section 2201(3) and inserting section 2201(2) . (2) Section 2241 of that Act ( 20 U.S.C. 6671 ) is amended, in the matter preceding paragraph (1), by striking section 2201(4) and inserting section 2201(3) . 5. Amendments to title iv (a) State use of funds Section 4104(b)(3)(A)(i) of that Act ( 20 U.S.C. 7114(b)(3)(A)(i) ) is amended— (1) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (2) by inserting after subclause (V) the following: (VI) digital literacy and information literacy activities and programs, including those provided through effective school libraries; . (b) Activities To support well-Rounded educational opportunities Section 4107(a)(3) of that Act ( 20 U.S.C. 7117(a)(3) ) is amended— (1) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and (2) by inserting after subparagraph (H) the following: (I) programs and activities the promote the development of digital literacy and information literacy skills, including those provided through an effective school library; . 6. Data collection and reporting on school libraries (a) Data collection The Secretary of Education shall direct the National Center for Education Statistics to biennially collect data on elementary school and secondary school libraries. (b) Elements The data collected biennially under subsection (a) shall include— (1) the number and percentage of elementary schools and secondary schools in each State that have dedicated school library facilities located on the grounds of the school and the square footage of each such library facility; (2) the number and percentage of schools counted under paragraph (1) that employ at least one full-time State-certified school librarian; and (3) with respect to each elementary and secondary school library— (A) the number of State-certified school librarians; (B) the number of additional school library staff; (C) the number and types of physical collections or assets; (D) the number and types of virtual collections or databases the school library has access to; (E) the number and types of student use devices managed by school library staff; (F) the amount of time State-certified school librarians spend planning with teachers and instructing students; (G) the amount of time State-certified school librarians spend planning with and providing professional development for teachers; and (H) other pertinent information that the Secretary of Education determines is important in order to support effective school libraries. (c) Report to congress Not later than one year after the date of enactment of this Act and every two years thereafter, the Secretary of Education shall submit to Congress a report that includes the data collected under this section. (d) ESEA terms In this section, the terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. 7. Liability protections related to the right to read (a) In general Section 8556 of that Act ( 20 U.S.C. 7946 ) is amended— (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) by inserting after subsection (a) the following: (b) Liability protections related to the right To read No teacher, school librarian, school leader, paraprofessional, or other staff shall be liable for harm caused by an act or omission of such person if the actions were carried out in conformity with State or local policies regarding the right to read. ; (3) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; (4) in subsection (c)(3), as redesignated by paragraph (1), by striking A State law that and inserting Except with respect to subsection (b), a State law that ; and (5) in subsection (f), as redesignated by paragraph (1)— (A) in paragraph (1), by striking Nothing in this section and inserting Except with respect to subsection (b), nothing in this section ; and (B) in paragraph (2), by striking Nothing in this subpart and inserting Except with respect to subsection (b), nothing in this subpart . (b) Preemption and election of state nonapplicability Section 8555(b) of that Act ( 20 U.S.C. 7945(b) ) is amended by striking This subpart shall not apply and inserting Except for section 8556(b), this subpart shall not apply . 8. Protecting constitutional rights in school libraries Subpart 2 of part F of title VIII of that Act ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 8549D. Protecting constitutional rights in school libraries The Secretary shall require an assurance from each State and local educational agency receiving funds under this Act confirming that the State or local educational agency— (1) will protect the First Amendment rights of students in school libraries and will affirmatively further the right to receive information by— (A) providing access to a variety of reading materials; (B) recognizing that public schools prepare individuals for participation as citizens; (C) recognizing that school boards have important and discretionary functions; (D) acknowledging that among a school board’s functions is a role to play in determining the holdings of a school library; (E) understanding the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; (F) understanding that school boards must exercise their discretionary authority in a manner that comports with First Amendment protections and imperatives; and (G) understanding that the exercise of a school board’s role in determining the holdings of a school library may not be done in a manner that is partisan, political, or otherwise aimed at prescribing particular schools of thought or opinion; and (2) will provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws. .