II 118th CONGRESS 2d Session S. 3907 IN THE SENATE OF THE UNITED STATES March 12, 2024 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to carry out a grant program to assist local educational agencies with ensuring that each elementary school and secondary school has at least one reading, literacy, or biliteracy specialist on staff.

1. Short title This Act may be cited as the Literacy Improvement for Transformation Act of 2024 . 2. Definitions In this Act: (1) ESEA Terms The terms elementary school , English learner , institution of higher education , local educational agency , multi-tier system of supports , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) IDEA Terms The terms child with a disability , individualized education program or IEP , special education , and specific learning disability have the meanings given those terms in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (3) Bilingual The term bilingual means a program that makes instructional use of both English and a child’s native language. (4) Biliteracy The term biliteracy means the ability to read and write with high levels of proficiency in 2 languages through the appropriate and effective use of grammatical, syntactic, graphophonic, semantic, and pragmatic systems of the 2 languages. (5) Eligible entity The term eligible entity means— (A) a local educational agency; (B) a partnership between a State educational agency and one or more local educational agencies in the State, entered into for the purposes of a grant under this section; (C) a nonprofit entity with expertise in reading intervention or specific learning disabilities, in partnership with a State educational agency or one or more local educational agencies; (D) a school operated by the Bureau of Indian Education or operated by an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act ( 25 U.S.C. 5321 et seq. ) or the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ); or (E) an institution of higher education (including a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )). (6) English language development The term English language development means instruction designed specifically for English language learners to develop their listening, speaking, reading, and writing skills in English. English language development instruction may include English as a Second Language, English for Speakers of Other Languages, English as a New Language, English Language Learner instruction, and English Learner instruction. (7) High-need local educational agency The term high-need local educational agency has the meaning given such term in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ). (8) Reading, literacy, or biliteracy specialist The term reading, literacy, or biliteracy specialist means a certified professional— (A) whose primary responsibility is working with students who struggle with reading and writing; (B) who has completed additional certifications or course of study and is able to demonstrate the ability to implement intervention strategies for the building of reading and literacy or biliteracy skills; and (C) who may also be referred to as an interventionist, reading teacher, or by an alternative title. (9) Section 504 Plan The term section 504 plan means a reasonable accommodation developed for students with disabilities to receive the appropriate educational support services to fully participate in school activities and have equal access to educational opportunities, in accordance with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (10) Secretary The term Secretary means the Secretary of Education. (11) Subgroup of students The term subgroup of students means— (A) each major racial and ethnic group; (B) economically disadvantaged students as compared to students who are not economically disadvantaged; (C) children with disabilities as compared to children without disabilities; (D) English proficiency status; and (E) gender. 3. Purpose The purpose of this Act is to assist State educational agencies and local educational agencies with ensuring that every elementary school and secondary school has at least one full-time certified reading, literacy, or biliteracy specialist on staff, and to support the recruitment, hiring, retention, and development of certified reading, literacy, or biliteracy specialists. 4. Findings Congress finds the following: (1) According to the Annie E. Casey Foundation, children who struggle to read proficiently by fourth grade are 4 times more likely to not graduate from high school than their peers with grade-level reading skills. (2) According to the 2022 National Assessment of Educational Progress, 33 percent of fourth graders and 31 percent of eighth graders scored at or above proficient in English reading. In 2019, 37 percent of twelfth graders scored at or above proficient in English reading. (3) In 2022, 66 percent of fourth graders and 69 percent of eighth graders scored at or below the National Assessment of Educational Progress Basic English reading level. (4) According to leading researchers Thomas and Collier, students that have access to high-quality bilingual instruction tend to exhibit higher educational outcomes long-term, as demonstrated by academic performance and engagement, than their peers who are not enrolled in bilingual programs. 5. Literacy improvement and transformation grant program (a) Grant program authorized (1) In General The Secretary shall establish a program to award grants, on a competitive basis, to eligible entities to carry out the activities described under subsection (d). (2) Duration Grants awarded under this section shall be for a period of 5 years. (b) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a needs assessment of the eligible entity that demonstrates the existence of persistent shortages of reading, literacy, or bilteracy specialists or persistent shortages of full-time reading, literacy, or biliteracy specialists; (2) demographic information about the student population served by the eligible entity, disaggregated (to the extent that such information complies with applicable privacy law and protects personally identifiable information), by— (A) subgroups of students and grade level; and (B) status as a student that— (i) has a section 504 plan; (ii) has an IEP; and (iii) is an English learner; (3) a description of the relevant academic needs of the student population served by the eligible entity, including— (A) the ratio of reading and literacy specialists to whole student population; and (B) an overview of student performance related to reading, literacy, and comprehension on formative and summative reading assessments, standardized tests, and district and State benchmarks, including such information disaggregated (to the extent that such information complies with applicable privacy law and protects personally identifiable information), by— (i) subgroups of students and grade level; and (ii) status as a student that— (I) has a section 504 plan; (II) has an IEP; and (III) is an English learner; (4) graduation rates, attendance data, and disciplinary data (as determined by the Secretary), disaggregated (to the extent that such information complies with applicable privacy law and protects personally identifiable information) by— (A) subgroups of students and grade level; and (B) status as a student that— (i) has a section 504 plan; (ii) has an IEP; and (iii) is an English learner; (5) a comprehensive plan for the use of grant funds to address persistent shortages described in the needs assessment under paragraph (1), including a description of— (A) how grant funds will be used in accordance with subsection (d); (B) how such activities will improve or strengthen intervention strategies; and (C) how such funds will be used to ensure that the eligible entity will continue to employ and retain reading, literacy, or bilteracy specialists after the completion of the grant period; (6) a description of how the eligible entity will prioritize recruiting individuals from the communities served by the eligible entity and from underrepresented populations in the field of education (as determined by the Secretary by regulation) to serve as full-time reading, literacy, or bilteracy specialists, and how the eligible entity will track progress in meeting any specified hiring goals; (7) an assurance that the eligible entity will ensure compliance with the requirement described in subsection (e); (8) a description of how the eligible entity is meeting the literacy and second language acquisition needs of English learners through English language development, English as a Second Language, or bilingual program offerings; (9) an assurance that the second language development needs of English learners will not result in English learners being placed in remedial reading courses; and (10) an assurance that Native American English learners whose home language is orally based are not disadvantaged when those English learners begin to learn English, especially by providing an assurance of culturally and linguistically responsive, engaging, and evidence-based strategies that promote student success. (c) Selection and priority In awarding grants under this section, the Secretary shall— (1) give a first priority to eligible entities that are located in a State that is in the lowest quartile of States, in a ranking of all States, ranked in descending order by the percentage of students in grades 4 and 8 in the State who score at or above a level of Proficient on the National Assessment of Educational Progress reading assessments for students in grades 4 and 8; and (2) if the priority in paragraph (1) has been satisfied, or if no applicants described in paragraph (1) apply, then the Secretary shall give priority to applicants that— (A) are a high-need local educational agency, or are a partnership between a State educational agency and a consortium of high-need local educational agencies; and (B) describe and set specific hiring goals towards increasing the share of reading, literacy, or bilteracy specialists who are from underrepresented populations in the field of education. (d) Activities Grant funds awarded under this section shall be used by an eligible entity to carry out one or more of the following activities: (1) Recruiting, hiring, and developing full-time reading, literacy, or biliteracy specialists. (2) Providing resources necessary to support the development of reading, literacy, or biliteracy specialists from a part-time to full-time capacity at elementary schools or secondary schools served by the eligible entity, including through full funding for teachers who are employed by the eligible entity at the time of the grant to earn an evidence-based reading, literacy, or biliteracy specialist certification from an accredited institution of higher education. (3) Supporting the retention of reading, literacy, or biliteracy specialists, including by increasing salaries. (4) Ensuring that at least 1 full-time reading, literacy, or biliteracy specialist is on staff at each elementary school and secondary school served by the eligible entity. (5) Supporting biliteracy development, teaching, and assessment strategies. (6) Providing continual professional development opportunities regarding reading difficulties in students with disabilities, including how to identify reading disabilities in students with other diagnoses. (e) Requirement; Rule of Construction (1) Requirement Each grant recipient shall ensure that any reading, literacy, or biliteracy specialist whose position is partially or fully funded by grant funds spends not less than 80 percent of their time in that position working with teachers and students to improve student outcomes. (2) Rule of construction Nothing in this Act shall be construed to limit the preservation or use of Native American languages. (f) Report Each eligible entity awarded a grant under this section shall submit to the Secretary an annual report for each year of the grant award. Such report shall include— (1) a summary of the eligible entity’s progress in employing at least 1 full-time reading, literacy, or biliteracy specialist at each elementary school and secondary school served by the eligible entity; (2) data on the number of full-time and part-time reading, literacy, or biliteracy specialists, disaggregated by major racial and ethnic groups and gender, employed at each elementary school and secondary school served by the eligible entity, and data on the ratio of students to reading, literacy, or bilteracy specialists at each such school; (3) a summary of any progress made by the eligible entity in addressing reading, literacy, and comprehension, as identified in the needs assessment required under subsection (b)(2), as a result of the activities carried out with a grant under this section; and (4) a summary of the number of students in each subgroup of students who were served by the reading, literacy, or biliteracy specialist (to the extent that such information complies with applicable privacy law and protects personally identifiable information).