S. 758 — Introduced in Senate

II 113th CONGRESS 1st Session S. 758 IN THE SENATE OF THE UNITED STATES April 18, 2013 Mrs. Murray (for herself, Mr. Franken, Mr. Reed, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a comprehensive literacy program. 1. Short title; table of contents (a) Short title This Act may be cited as the Literacy Education for All, Results for the Nation Act or the LEARN Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Program authorized. Sec. 6. State planning grants. Sec. 7. State implementation grants. Sec. 8. State activities. Sec. 9. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 10. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 11. National evaluation, information dissemination, and technical assistance. Sec. 12. Consequences of insufficient progress, reporting requirements, and conflicts of interest. Sec. 13. Rules of construction. Sec. 14. Authorization of appropriations. 2. Findings Congress finds that, in order for a comprehensive, effective literacy program to address the needs of readers and writers, it is critical to address the following: (1) Literacy development is an ongoing process that requires a sustained investment beginning in early childhood and continuing through elementary school and secondary school. (2) Developing literacy skills begins at birth as infants and toddlers associate sounds, gestures, and marks on paper with consequences and meaning. Many low-income children from birth through kindergarten entry lack oral and print language-rich environments in their homes and early childhood education programs and teachers and staff in early childhood education programs are often not provided with high-quality professional development on how to support children’s language and literacy development. (3) Early childhood educators whose professional preparation and ongoing development includes study of language learning and early childhood development promote early language and literacy as part of the overall curriculum for children’s readiness for school, particularly for young English language learners and children with disabilities or developmental delays. (4) Research shows that writing leads to improved reading achievement, reading leads to better writing performance, and combined instruction leads to improvements in both areas. Children in kindergarten through grade 12 need to be engaged in combined reading and writing experiences that lead to a higher level of thinking than when either process is taught alone. (5) Environments rich in language and literacy experiences, books, resources, and models facilitate reading and writing development. Schools, principals, librarians, and teachers must have the knowledge, skills, and tools to create environments appropriate to meet the diverse literacy needs of children from birth through grade 12, especially for children whose home environments lack support for literacy development. (6) Middle school and secondary school teachers need professional development to improve the reading and writing abilities of students who are reading and writing several years below grade level. Middle school and secondary school teachers in core academic subjects must have the tools and skills to teach reading and writing for subject area understanding and to differentiate and provide instruction for students with varying literacy skills. (7) The intellectual and linguistic skills necessary for writing and reading must be developed through explicit, intentional, and systematic language activities, to which many low-income and minority students do not currently have access. (8) Between 1971 and 2004, the reading levels of America's 17-year-olds showed little to no improvement at all. The ability of secondary school students to read complex texts is strongly predictive of their performance in college mathematics and science courses. (9) Fewer than 2 in 10 eighth graders who were in the secondary school graduating classes for 2005 and 2006 met all 4 EXPLORE College Readiness Benchmarks (English, Mathematics, Reading, and Science), the minimum level of achievement that ACT has shown is necessary if students are to be college and career ready upon their secondary school graduation. (10) Seventy percent of eighth graders read below the proficient level on the 2007 National Assessment of Educational Progress, indicating that students in middle schools and secondary schools struggle to graduate because the students' literacy achievement is alarmingly low. Only one-third of secondary school students who enter grade 9 each year can expect to graduate in 4 years with the skills the student needs to succeed in college and the workplace. (11) Secondary school graduation rates for low-income students and students of color hover around 50 percent, as do graduation rates for students in urban school districts and students with disabilities. Graduation rates for English language learners are particularly low. (12) Only 71 percent of secondary school students graduate on time with a diploma, meaning that every year 1,230,000 students fail to graduate from secondary school. These 1,230,000 nongraduates cost the United States more than $319,000,000,000 in lost wages, taxes, and productivity over the lifetimes of the nongraduates. (13) About 40 percent of secondary school graduates lack the literacy skills employers seek. The 25 fastest growing professions have far greater than average literacy demands, while the fastest declining professions have lower than average literacy demands. (14) Research shows that low expectations for the reading and writing achievement of students in schools results in curricula that do not challenge or adequately support the student’s literacy learning and in subsequent low achievement, while high academic expectations can help boost student learning and achievement. (15) Children learn best in settings where teachers understand the developmental continuum of language, reading, and writing and are skilled in a variety of strategies that help the children achieve. (16) Meaningful engagement of families in their children’s early learning supports school readiness and later academic success. (17) Parental literacy habits are positively associated with parental reading beliefs, parent-child literacy and language activities in the home, children’s print knowledge, and parents' and children's interest in reading and writing. 3. Purposes The purposes of this Act are— (1) to improve student academic achievement in reading and writing by providing Federal support to State educational agencies to develop, coordinate, and implement comprehensive literacy plans that ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and (2) to assist State educational agencies in achieving the purpose described in paragraph (1) by— (A) supporting the development and implementation of comprehensive early learning through grade 12 literacy programs in every State that are based on scientifically valid research, to ensure that every child can read and write at grade level or above; (B) providing children with learning opportunities in high-quality, language rich, literature rich, informational text rich, culturally relevant, and developmentally appropriate environments so that the children develop the fundamental knowledge and skills necessary for literacy engagement, development, and achievement in kindergarten through grade 12; (C) educating parents in the ways that parents can support their child’s communication and literacy development; (D) supporting efforts to link and align standards and research-based instruction and teaching practices in early learning programs; (E) supporting high-quality and effective strategies for children to develop oral language, reading, and writing abilities through high-quality research-based instruction and teaching practices; (F) improving academic achievement by establishing adolescent literacy initiatives that provide instruction in oral language, reading, and writing across the curriculum; (G) identifying and supporting children reading and writing significantly below grade level by providing research-based, intensive interventions, including interventions conducted during extended learning time, to help the children acquire the language and literacy skills the children need to stay on track for graduation; (H) providing assistance to local educational agencies so that educators have ongoing, job-embedded professional development, and other support, that focuses on— (i) effective literacy instruction; and (ii) the special knowledge and skills necessary to teach and support literacy development effectively across the developmental and age span; (I) supporting State educational agencies and local educational agencies in improving reading, writing, and literacy-based academic achievement for children, especially children who are low-income individuals, are English learners, are migratory, are children with disabilities, are Indian or Alaskan Native, are neglected or delinquent, are homeless, are in the custody of the child welfare system, or have dropped out of school; (J) supporting State educational agencies and local educational agencies in using age appropriate and developmentally and linguistically appropriate instructional materials and strategies that assist teachers as the teachers work with children to develop reading and writing competencies appropriate to the children’s grade and skill levels; (K) strengthening coordination among schools, early literacy programs, family literacy programs, juvenile justice programs, public libraries, and outside-of-school programs that provide children with strategies, curricula, interventions, and assessments designed to advance early and continuing language and literacy development in ways appropriate for each context; (L) supporting professional development for educators based on scientific approaches to adult learning; and (M) evaluating whether the professional development activities and approaches are effective in building knowledge and skills of educators and the educators' use of appropriate and effective practices. 4. Definitions (a) In general Unless otherwise specified, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Other definitions In this Act: (1) Child The term child means an individual from the age of birth through the final year for which the State provides free public education. (2) Classroom-based instructional assessment The term classroom-based instructional assessment means an assessment for children from birth through grade 3 that— (A) is valid and reliable for the age and population of children served in the program; (B) is used to evaluate children’s developmental progress and learning and includes systematic observations by teachers of children performing tasks, including academic and literacy tasks, that are part of the children's daily classroom experience; and (C) is used to improve classroom instruction. (3) Comprehensive literacy instruction The term comprehensive literacy instruction means instruction that— (A) incorporates effective literacy instruction; and (B) is designed to support— (i) developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content areas; and (ii) developmentally appropriate and contextually explicit instruction, and frequent practice, in writing across content areas. (4) Developmental delay The term developmental delay has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). (5) Effective literacy instruction (A) In general The term effective literacy instruction means literacy instruction that— (i) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (ii) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (iii) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (iv) uses differentiated instructional approaches, including individual and small group instruction and discussion; (v) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (vi) includes frequent practice of reading and writing strategies; (vii) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child's learning needs, to inform instruction, and to monitor the child's progress and the effects of instruction; (viii) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (ix) incorporates the principles of universal design for learning; (x) depends on teachers’ collaboration in planning, instruction, and assessing a child's progress and on continuous professional learning; and (xi) links literacy instruction to the State challenging academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)), including the ability to navigate, understand, and write about, complex print and digital subject matter. (B) Birth through kindergarten When used with respect to instruction for children from birth through kindergarten entry, the term effective literacy instruction also includes— (i) developing such children's alphabet knowledge, reading aloud to children, discussing reading and writing with children, and modeling age and developmentally appropriate reading and writing strategies; and (ii) encouraging children’s early attempts at oral communication, reading, and writing. (C) Kindergarten through grade 12 When used with respect to the instruction of children in kindergarten through grade 12, the term effective literacy instruction also includes— (i) providing systematic and intensive interventions, which can be provided inside or outside the classroom as well as before, during, or after regular school hours, to supplement regular instruction for children reading below grade level; (ii) providing reading and writing opportunities that build academic vocabulary and knowledge of different text structures in core academic subjects; (iii) enabling children to write, communicate, and create knowledge, in ways that fit purpose, audience, occasion, discipline, and format, including practice in— (I) adhering to language conventions, including spelling, punctuation, and grammar; (II) planning and revising to improve clarity, coherence, logical development, and language usage; and (III) writing individually and collaboratively with feedback from instructors and peers; and (iv) cultivating shared responsibility for children's literacy learning by coordinating writing tasks, instructional practices, and criteria for feedback across academic content areas. (6) Eligible entity The term eligible entity means an entity— (A) that serves high-need children; and (B) (i) when used with respect to a subgrant under section 9, that consists of— (I) 1 or more local educational agencies providing early learning programs that have a demonstrated record of providing comprehensive literacy instruction for the age group such agencies or programs propose to serve; (II) 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, that have a demonstrated record of providing comprehensive literacy instruction for the age group such programs propose to serve; or (III) 1 or more local educational agencies providing early learning programs, or 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness— (aa) in improving the early literacy development of children from birth through kindergarten entry; and (bb) in providing professional development aligned with the activities described in section 9(e)(1); or (ii) when used with respect to a subgrant under section 10— (I) that is— (aa) a local educational agency; (bb) a consortium of local educational agencies; or (cc) a local educational agency or consortium of local educational agencies acting in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness in— (AA) improving literacy achievement of children consistent with the purposes of their participation from kindergarten through grade 12; and (BB) providing professional development aligned with the activities described in subsections (b) and (c) of section 10; and (II) (aa) has the highest numbers or proportion 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; (bb) is among or consists of the local educational agencies in the State with the highest numbers or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(3) of such Act; or (cc) has jurisdiction over a significant number or percentage of schools that are identified for school improvement under section 1116(b) of such Act (20 U.S.C. 6316(b)). (7) Early learning program The term early learning program means a program serving children between the ages of birth and kindergarten entry. (8) English language acquisition (A) In general The term English language acquisition means the process by which a non-native English speaker acquires proficiency in speaking, listening, reading, and writing the English language. (B) Inclusions for English learners in school For an English 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 acquire literacy and academic content and demonstrate the child's learning. (9) Family literacy services The term family literacy services means literacy services provided to participants on a voluntary basis that are of sufficient intensity and quality, that better enable parents to support their children’s learning needs, and that integrate— (A) interactive literacy activities between or among family members who are primary caregivers and their children, including family literacy education to improve literacy of parents; and (B) training for family members who are primary caregivers regarding how to be the primary teacher for their children and full partners in the education of their children. (10) Formative assessment process The term formative assessment process means an assessment process that— (A) is teacher-generated or selected by teachers or instructional leaders for use during learning; (B) is embedded within the learning activity and linked directly to the intended outcomes of the current unit of instruction; and (C) provides feedback to help adjust ongoing teaching and learning to improve children's achievement of intended instructional outcomes. (11) High-quality professional development The term high-quality professional development means professional development that— (A) is job-embedded, ongoing, and based on scientifically valid research; (B) is sustained, intensive, and classroom-focused, and is not limited in scope to a 1-day or short-term workshop or conference; (C) is designed to increase the knowledge and expertise of teachers, early childhood educators and administrators, principals, other instructional leaders, and other program staff in applying— (i) effective literacy instruction; and (ii) instructional strategies and practices that are appropriate to the age, development, and needs of children and improve learning, including strategies and practices consistent with the principles of universal design for learning; (D) includes and supports teachers in effectively administering age and developmentally appropriate assessments, and analyzing the results of these assessments for the purposes of planning, monitoring, adapting, and improving effective classroom instruction or teaching strategies to improve child literacy; (E) includes instructional strategies utilizing one-to-one, small group, and classroom-based instructional materials and approaches based on scientifically valid research on literacy; (F) provides ongoing instructional literacy coaching— (i) to ensure high-quality implementation of comprehensive literacy instruction that is— (I) content centered; (II) integrated across the curriculum; (III) collaborative; and (IV) school, setting, and classroom embedded; and (ii) that uses student data to improve instruction; (G) includes and supports teachers in setting high reading and writing achievement goals for all children and provides the teachers with the instructional tools and skills to help children reach such goals; (H) for educators serving children in kindergarten through grade 12— (i) supports effective literacy instruction through core academic subjects, and through career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (ii) includes instruction in— (I) discipline-specific thinking; and (II) text structures and features of reading and writing in multiple disciplines; (I) is differentiated for educators working with children from birth through kindergarten entry, children in kindergarten through grade 3, and children in grades 4 through 12, and, as appropriate, based on the grade or needs of the children; and (J) supports family literacy experiences and practices, and educating parents, teachers, and other caregivers about literacy development and child literacy development. (12) Literacy coach The term literacy coach means a professional— (A) who has— (i) previous teaching experience; and (ii) (I) a master’s degree with a concentration in reading and writing education or demonstrated proficiency in teaching reading or writing in a core academic subject consistent with effective literacy instruction; or (II) in the case of a literacy coach for children from birth through kindergarten entry, a concentration, credential, or significant experience in child development and early literacy development; (B) who supports teachers to— (i) apply research on how children become successful readers, writers, and communicators; (ii) apply multiple forms of assessment to guide instructional decisionmaking and use data to improve literacy instruction; (iii) improve children's writing and reading in and across content areas such as mathematics, science, social studies, and language arts; (iv) develop and implement differentiated instruction and teaching approaches to serve the needs of the full range of learners, including English learners and children with disabilities; (v) apply principles of universal design for learning; (vi) employ best practices in engaging principals, early learning program educators and administrators, teachers, and other relevant professionals to change school cultures that encourage and support literacy development and achievement; and (vii) set for children birth to kindergarten developmentally appropriate expectations for language and literacy development, and high reading and writing achievement goals for all children and select, acquire, and use instructional tools and skills to help children reach such goals; and (C) whose role with teachers and professionals supporting literacy instruction is— (i) to provide high-quality professional development, consistent with the definition of comprehensive literacy instruction; (ii) to work cooperatively and collaboratively with principals, teachers, and other professionals in employing strategies to help teachers identify and support child literacy and language development needs and teach literacy across the content areas and developmental domains; and (iii) to work cooperatively and collaboratively with other professionals in employing strategies to help teachers teach literacy across the content areas so that the teachers can meet the needs of all children, including children with disabilities, English learners, and children who are reading at or above grade level. (13) Local educational agency The term local educational agency— (A) has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and (B) includes any public charter school that constitutes a local educational agency under State law. (14) Multitier system of supports The term multitier system of supports means a comprehensive system of differentiated supports that includes evidence-based instruction, universal screening, progress monitoring, formative assessments, summative assessments, research-based interventions matched to student needs, and educational decision-making using academic progress over time. (15) Reading The term reading means a complex system of deriving meaning from print that is developmentally appropriate, 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 read with comprehension. (C) The ability to decode unfamiliar words with fluency. (D) The use of background knowledge and vocabulary to make meaning from a text. (E) The development and use of appropriate active strategies to interpret and construct meaning from print. (F) The development and maintenance of a motivation to read. (16) Instructional leader The term instructional leader 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 managerial operations of the school. (17) Scientifically valid research The term scientifically valid research has the meaning given the term in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021). (18) Screening assessment The term screening assessment means an assessment that is— (A) valid, reliable, and based on scientifically based reading research; and (B) 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. (19) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (20) State literacy leadership team (A) In general The term State literacy leadership team means a team that— (i) is appointed and coordinated by the State educational agency; (ii) assumes the responsibility to guide the development and implementation of a statewide, comprehensive literacy plan; (iii) shall include, at a minimum— (I) a school principal with literacy expertise; (II) a teacher with literacy expertise; (III) a teacher or administrator with expertise in special education; (IV) a teacher or administrator with expertise in teaching the English language to English learners; (V) a representative from the State educational agency who oversees literacy initiatives; and (VI) a representative from higher education who is actively involved in research, development, or teacher preparation in comprehensive literacy instruction and intervention based on scientifically valid research; (iv) may include— (I) a literacy specialist serving in a school district within the State; (II) a literacy coach; (III) a librarian; (IV) a representative with family literacy expertise; (V) a representative from a State child-serving agency with expertise in comprehensive language and literacy instruction and strategies; (VI) a school counselor; (VII) a teacher of a core academic subject; (VIII) a special education administrator; (IX) a professor from a 4-year institution of higher education; (X) a parent; (XI) a business leader; (XII) the Governor or a delegated representative of the Governor; (XIII) a representative from the State board of education; (XIV) a representative from the State legislature; (XV) a representative of a nonprofit and community-based organization providing comprehensive literacy instruction and support; and (XVI) a representative from a school district superintendent's office; and (v) shall include, among the individuals selected to be members of the council pursuant to clauses (iii) and (iv), not less than 5 individuals who have literacy expertise in 1 of each of the areas of— (I) birth through kindergarten entry, such as the State Head Start collaboration director; (II) kindergarten entry through grade 3; (III) grades 4 through 12; (IV) English learners; and (V) special education. (B) Inclusion of a preexisting partnership If, before the date of enactment of this Act, a State educational agency established 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 Secondary Education Act of 1965 (20 U.S.C. 6361 et seq., 6371 et seq.) and that includes the individuals required under clauses (iii) and (v) of subparagraph (A), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of subparagraph (A). (21) Summative assessment The term summative assessment means an assessment that— (A) is valid, reliable, and based on scientifically valid research on literacy and English language acquisition; and (B) for children from birth through kindergarten entry, measures how young children have progressed over time relative to developmental norms, and for children in kindergarten through grade 12, measures what children have learned over time, relative to academic content standards. (22) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (23) Writing The term writing means— (A) composing meaning in print or through other media, including technologies, to communicate and to create new knowledge in ways appropriate to the context of the writing and the literacy development stage of the writer; (B) composing ideas individually and collaboratively in ways that are appropriate for a variety of purposes, audiences, and occasions; (C) choosing vocabulary, tone, genre, and conventions, such as spelling and punctuation, suitable to the purpose, audience, and occasion; and (D) revising compositions for clarity of ideas, coherence, logical development, and precision of language use. 5. Program authorized (a) Reservations and awards to State educational agencies (1) In general From the amounts appropriated to carry out this Act for a fiscal year, the Secretary shall— (A) reserve not more than a total of 4 percent of such amounts for the national evaluation and dissemination of information and technical assistance in accordance with section 11; (B) reserve not more than 5 percent of such amounts to award planning grants, on a competitive basis, to State educational agencies serving States, in accordance with section 6; (C) in the case of a fiscal year for which the amounts to carry out this Act are less than $500,000,000, use the amount not reserved under subparagraphs (A) and (B) to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 7 to enable the State educational agencies to carry out the activities described in section 7(a); and (D) in the case of a fiscal year for which the amounts appropriated to carry out this Act are equal to or exceeding $500,000,000— (i) reserve a total of 1 percent of such amount for— (I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this Act; and (II) the Secretary of the Interior for programs under sections 6 through 10 in schools operated or funded by the Bureau of Indian Education; and (ii) use the amount not reserved under clause (i) and subparagraphs (A) and (B) to make awards, as described in paragraph (2), to State educational agencies serving States that have applications approved under section 7 to enable the State educational agencies to carry out the activities described in section 7(a). (2) Special rules for years with funds equal or exceeding $500,000,000 (A) Proportional division In each fiscal year described in paragraph (1)(D), the amount reserved under paragraph (1)(D)(i) shall be divided between the uses described in subclauses (I) and (II) of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(a)) is divided between the uses described in paragraphs (1) and (2) of such section for such fiscal year. (B) Consultation A State educational agency that receives an allotment under paragraph (1)(D)(ii) shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination and quality of activities designed to develop effective approaches to achieve the purposes of this Act consistent with the cultural, language, and educational needs of Indian children. (C) State allotment formula The Secretary shall allot the amount made available under paragraph (1)(D)(ii) for a fiscal year among the States in proportion to the number of children, from birth through age 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all States for that fiscal year. (3) Minimum award amount No State educational agency receiving an award under this section for a fiscal year may receive less than one-fourth of 1 percent of the total amount appropriated to carry out this Act for the fiscal year. (b) Peer review (1) In general The Secretary shall convene a peer review panel to evaluate the applications for a grant under section 6 or 7 using the evaluation criteria described in paragraph (2). (2) Development of evaluation criteria The Secretary shall report to Congress regarding the peer review process and evaluation criteria that shall be used to evaluate the grant applications under sections 6 or 7. (3) Membership (A) Composition A peer review panel convened under paragraph (1) shall be composed of not less than 9 members, of whom— (i) 3 shall be appointed by the Secretary; (ii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Chairman of the National Research Council of the National Academy of Sciences; and (II) with expertise in comprehensive language and literacy instruction and strategies; and (iii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Director of the National Institute of Child Health and Human Development; and (II) with expertise concerning literacy development in children from birth through grade 12. (B) Competency and expertise; expertise The peer review panel convened under paragraph (1) may include— (i) classroom teachers with expertise in literacy, and literacy coaches, including— (I) special education teachers; (II) teachers of children who are English learners; and (III) early childhood educators; (ii) experts who provide high-quality professional development to teachers and other instructional staff to support children’s literacy development; (iii) experts in screening assessments, diagnostic assessments, formative assessment processes, or other assessments of children's literacy development; and (iv) experts in comprehensive literacy instruction and strategies in reading and writing, language development, and English language acquisition, as appropriate, including reading and writing in core academic subjects. (4) Distribution of recommendations Not later than 120 days after a peer review panel submits to the Secretary the panel's recommendation regarding an application by a State educational agency for a grant under section 6 or 7, the Secretary shall notify the State educational agency that the application has been approved or disapproved and shall provide to such State educational agency a copy of the peer review panel's recommendation. (c) Conflicts of interest (1) Peer review panels The Secretary shall ensure that each member of a peer review panel described in subsection (b) does not stand to benefit financially from a grant or subgrant awarded under this Act. (2) State literacy leadership teams Each State educational agency that receives funding under this Act shall ensure that each member of a State literacy leadership team participating in a program or activity assisted under this Act does not stand to benefit financially from a grant or subgrant awarded under this Act. (d) Supplement not supplant Award funds provided under this Act shall supplement, and not supplant, non-Federal funds that would, in the absence of such award funds, be made available for literacy instruction and support of children participating in programs assisted under this Act. (e) Maintenance of effort Each State educational agency that receives a grant or allotment under this section, and each eligible entity that receives a subgrant under section 9 or 10, shall maintain for the fiscal year for which the grant or subgrant is received and for each subsequent fiscal year the expenditures of the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, respectively, for the fiscal year preceding such fiscal year for which the grant or subgrant is received. 6. State planning grants (a) Planning grants authorized (1) In general From amounts made available under section 5(a)(1)(B), the Secretary may award planning grants to State educational agencies to enable the State educational agencies to complete comprehensive planning to carry out activities that improve literacy for children from birth through grade 12. (2) Grant period A planning grant awarded under this section shall be for a period of not more than 1 year. (3) Nonrenewability The Secretary shall not award a State educational agency more than 1 planning grant under this section. (b) Application (1) In general Each State educational agency desiring a planning grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted under this subsection shall, at a minimum, include a description of how the State educational agency will develop a plan for improving State efforts to develop, coordinate, implement, and assess comprehensive literacy activities that ensure high-quality instruction and effective strategies in reading and writing for all children in early learning programs and kindergarten through grade 12 programs. Such plan shall— (A) describe the activities for which assistance under this section is sought, demonstrating a particular focus on children who are reading or writing below grade level and children whose early literacy skills are below the appropriate age or developmental level; (B) provide a budget for the use of the planning grant funds to complete the required activities described in subsection (c); (C) include an analysis of data on child literacy and language and student academic achievement in reading to identify and establish baseline and benchmark levels against which to monitor child progress and improvement in literacy; and (D) provide an assurance that all State agencies responsible for administering early learning programs and services (including the State Head Start Collaboration Office and the State agency responsible for administering child care) and the State Advisory Council on Early Childhood Education and Care collaborated with the State educational agency to write the early learning portion of the grant application submitted under this subsection. (3) Approval of applications The Secretary shall evaluate applications under this subsection based on the responsiveness of the applications to the requirements under this subsection. (c) Required activities A State educational agency receiving planning grant funds under this section shall carry out each of the following activities: (1) Reviewing reading, writing, or other language and literacy resources and programs, such as school library programs, and data across the State to identify any literacy needs and gaps in the State. (2) Forming or designating a State literacy leadership team which shall execute the following functions: (A) Creating a comprehensive State literacy plan that— (i) is designed to improve language development, reading, writing, and academic achievement for children, especially children reading below grade level and children whose literacy skills are below the appropriate age or developmental level; (ii) includes— (I) a needs assessment and an implementation plan, including an analysis of data on child literacy and student academic achievement in reading and writing to identify baseline and benchmark levels of literacy and early literacy skills in order to monitor progress and improvement; and (II) a plan to improve reading and writing achievement among all children; (iii) ensures high-quality instruction, consistent with the characteristics of effective literacy instruction and strategies, in early learning programs and kindergarten through grade 12 programs; and (iv) provides for activities designed to improve literacy achievement for children who read or write below grade level, including such children who— (I) attend schools that are identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)); or (II) are counted under section 1124(c). (B) Providing recommendations to guide the State educational agency in the State educational agency's process of strengthening State literacy standards and embedding State literacy standards with the State’s college and career ready academic content standards and college and career ready student academic achievement standards, and early learning and development standards. (C) Providing recommendations to guide the State educational agency in the State educational agency's process of measuring, assessing, and monitoring progress in literacy at the school, local educational agency, and State levels. (D) Identifying criteria for high-quality professional development providers, which providers may include qualified teachers within the State, for the State educational agency and local educational agencies. (E) Advising the State educational agency on how to help ensure that local educational agencies and schools provide timely and appropriate data to teachers to inform and improve instruction. (F) Providing recommendations to guide the State educational agency in the State educational agency's planning process of building educators’ capacity to provide high-quality comprehensive literacy instruction. 7. State implementation grants (a) Implementation grants authorized (1) In general From amounts made available under subparagraphs (C) or (D)(ii) of section 5(a)(1) (as applicable), the Secretary shall award implementation grants to State educational agencies to enable the State educational agencies— (A) to implement a comprehensive literacy plan that meets the criteria in section 6(c)(2)(A) for early learning programs and kindergarten through grade 12 programs; (B) to carry out State activities under section 8; and (C) to award subgrants under sections 9 and 10. (2) Limitation The Secretary shall not award an implementation grant under this section to a State for any year for which the State has received a planning grant under section 6. (3) Duration of grants An implementation grant under this section shall be awarded for a period of not more than 5 years. (4) Renewals (A) In general The Secretary may renew a grant under this section for a period of not more than 2 years. (B) Conditions In order to be eligible to have an implementation grant renewed under this paragraph, the State educational agency shall demonstrate to the satisfaction of the Secretary that, during the project period— (i) with respect to children from birth through kindergarten entry, the State educational agency has collaborated with the State agencies that oversee child care and other early learning programs, and has collaborated with the State Advisory Council on Early Childhood Education and Care, to comply with the terms of the grant, including using the funds— (I) to increase access to high-quality professional development; (II) for developmentally appropriate curricula and teaching materials; and (III) for developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening assessments and diagnostic assessments; and (ii) with respect to children in kindergarten through grade 12, demonstrates that there has been significant progress in student academic achievement, as measured by appropriate 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 submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early learning programs and the State agency responsible for administering child care programs in the State in writing and implementing the early learning portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include the following: (A) A description of the members of the State literacy leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, consistent with the requirements of section 6(c)(2)(A). (B) An implementation plan that includes a description of how the State educational agency will— (i) carry out the State activities described in section 8; (ii) assist eligible entities with— (I) providing strategic and intensive comprehensive literacy instruction based on scientifically valid research for children who are reading and writing below grade level, including through— (aa) the use of multitier systems of support; and (bb) addressing the literacy needs of children with disabilities or developmental delays and English learners in programs serving children from birth through grade 12; (II) providing training to parents, as appropriate, so that the parents can participate in the literacy related activities described in sections 9 and 10 to assist in the language and literacy development of their children; (III) selecting and using reading and writing assessments; (IV) providing classroom-based instruction that is supported by one-to-one and small group work; (V) using curricular materials and instructional tools, which may include technology, to improve instruction and literacy achievement; (VI) providing for high-quality professional development; and (VII) using the principles of universal design for learning; (iii) ensure that local educational agencies in the State have leveraged and are effectively leveraging the resources needed to implement effective comprehensive literacy instruction, and have the capacity to implement literacy initiatives effectively; and (iv) continually coordinate and align the activities assisted under this Act with reading, writing, and other literacy resources and programs across the State and locally that serve children and their families and promote comprehensive literacy instruction and learning, including strengthening partnerships among schools, libraries, local youth-serving agencies, and programs, in order to improve literacy for all children. (C) A description of the key data metrics, and the performance targets for such metrics, that will be used and reported annually under section 12(b)(1), which shall include— (i) progress in meeting the 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)) for students in grades 3 through 12; and (ii) the relevant program metrics and performance targets that the State shall use to monitor the implementation of its plan under section 12. (D) An assurance that the State educational agency, and any eligible entity receiving a subgrant from the State educational agency under section 9 or 10, will, if requested, participate in the national evaluation under section 11. (E) An assurance that the State educational agency will use implementation grant funds for literacy programs as follows: (i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (iv) Not more than 5 percent of such implementation grant funds shall be used for the State activities described in section 8. (F) An assurance that the State educational agency shall give priority to awarding a subgrant to an eligible entity— (i) under section 9 based on the number or percentage of children younger than the age of kindergarten entry who are— (I) served by the eligible entity; and (II) from families with income levels below the poverty line; and (ii) under section 10 based on— (I) the number or percentage of children from birth through age 17 who are— (aa) served by the eligible entity; and (bb) from families with income levels below the poverty line; and (II) the number or percentage of children in kindergarten through grade 12 served by the eligible entity who are reading and writing below grade level according to State assessments. (c) Approval of applications (1) In general The Secretary shall evaluate State educational agency applications under subsection (b) based on the responsiveness of the applications to the application requirements under such subsection. (2) Peer review The Secretary shall convene a peer review panel in accordance with section 5(b) to evaluate applications for each implementation grant awarded to a State educational agency under this section. (3) Early learning In order for a State educational agency’s application under this section to be approved by the Secretary, the application shall contain an assurance that the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, and the State Advisory Council on Early Childhood Education and Care approve of, and will be extensively consulted in the implementation of activities consistent with section 9 with respect to, the early learning portion of the application. 8. State activities (a) Required activities A State educational agency shall use the implementation grant funds described in section 7(b)(2)(E)(iv) to carry out the activities proposed in a State's implementation plan under section 7(b)(2)(B), including the following activities: (1) In consultation with the State literacy leadership team, providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs under section 9 or 10. (2) Consulting with the State literacy leadership team and coordinating with institutions of higher education in the State— (A) in order to provide recommendations to strengthen and enhance preservice courses for students preparing, at institutions of higher education in the State, to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods; and (B) by following up on reviews completed by the State literacy leadership team with recommendations to ensure that such institutions offer courses that meet the highest standards. (3) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (4) Making publicly available, including on the State educational agency's website, information on promising instructional practices to improve child literacy achievement. (b) Permissive activities After carrying out the activities described in subsection (a), a State educational agency may use remaining implementation grant funds described in section 7(b)(2)(E)(iv) to carry out 1 or more of the following activities: (1) Training the personnel of eligible entities to use data systems to improve child literacy learning. (2) Developing literacy coach training programs and training literacy coaches. (3) Building public support among local educational agency personnel, early learning programs, and the community for comprehensive literacy instruction for children from birth through grade 12. (4) Administration and evaluation of activities carried out under this Act. 9. Subgrants to eligible entities in support of birth through kindergarten entry literacy (a) Subgrants (1) In general A State educational agency, in consultation with the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, and the State Advisory Council on Early Childhood Education and Care, shall use a portion of implementation grant funds provided under subparagraph (C) or (D)(ii) of section 5(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant. (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 high-quality early literacy initiatives for children from birth through kindergarten entry. (c) Local applications An eligible entity desiring 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 application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early learning programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) the programs that the eligible entity proposes to assist under the subgrant, including demographic and socioeconomic information on the children enrolled in the programs; (3) a budget for the eligible entity that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsection (e); (4) how, if the eligible entity is requesting a planning period, which shall not exceed 1 year, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this Act; (5) the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section; (6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (7) how the subgrant funds will be used to provide services, incorporate activities, and select and use literacy instructional materials that— (A) meet the diverse developmental and linguistic needs of children, including English learners and children with disabilities and developmental delays; and (B) are based on scientifically valid research on child development and learning for children from birth through kindergarten entry; (8) how the subgrant funds will be used to provide screening assessments, diagnostic assessments, formative assessment processes, and assessments of developmental progress; (9) how families and caregivers will be involved, as appropriate, in supporting their child’s literacy development, instruction, and assessment; (10) how the subgrant funds will be used to help children, particularly children experiencing difficulty with spoken and written language, to make the transition from early childhood education programs to formal classroom instruction; (11) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (12) how the subgrant funds will be used— (A) to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (B) to evaluate data for program improvement; and (13) such other information as the State educational agency may require. (d) Approval of local applications The State educational agency, in consultation with the State agencies responsible for administering early learning programs, including the State agency responsible for administering child care programs and the State Advisory Council on Early Childhood Education and Care, shall— (1) select applications for funding under this section based on the quality of the applications submitted, including the relationship between literacy activities proposed and the research base or data supporting such investments, as appropriate, and the recommendations of— (A) the State literacy leadership team; and (B) other experts in the area of early literacy; and (2) place priority for funding programs based on the criteria in section 7(b)(2)(F). (e) Local uses of funds (1) In general An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity's approved application under subsection (c), to— (A) enhance and improve early learning programs to ensure that children in such programs are provided with high-quality oral language and literature- and print-rich environments in which to develop early literacy skills; (B) carry out high-quality professional development opportunities for early childhood educators, teachers, and instructional leaders; (C) acquire, provide training for, and implement screening assessments, diagnostic assessments, and classroom-based instructional assessments; (D) select, develop, and implement a multitier system of support; (E) integrate research-based instructional materials, activities, tools, and measures into the programs offered by the eligible entity to improve development of early learning language and literacy skills; (F) train providers and personnel to support, develop, and administer high-quality early learning literacy initiatives that— (i) utilize data— (I) to inform instructional design; and (II) to assess literacy needs; and (ii) provide time and support for personnel to meet to plan comprehensive literacy instruction; (G) provide family literacy services, as appropriate, and educate parents, teachers, and other caregivers about child literacy development; (H) annually collect, summarize, and report to the State educational agency data— (i) to document child progress in early literacy and language skills development as a result of activities carried out under this section; (ii) to stimulate and accelerate improvement by identifying the programs served by the eligible entity that produce significant gains in skills development; and (iii) for all subgroups of children and categories of children, including students in the 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)), in a manner that— (I) utilizes a variety of measures of child literacy and language skills development; and (II) is consistent across the State; and (I) coordinate the involvement of families, early learning program staff, principals, other instructional leaders, and teachers in literacy development of children served under this Act. (2) Curricula and assessment materials limitation Each eligible entity that receives a subgrant under this section shall not use more than 20 percent of the subgrant funds in the first year of subgrant funding, and not more than 10 percent of the subgrant funds in each year thereafter, to purchase curricula and assessment materials. (f) Prohibition The use of assessment items and data on any assessment authorized under this section to provide rewards or sanctions for individual children, early learning program providers, teachers, program directors, or principals is prohibited. 10. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to local educational agencies (1) Subgrants A State educational agency shall use a portion of the implementation grant funds provided under subparagraph (C) or (D)(ii) of section 5(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality literacy initiatives in each grade level for which the subgrant funds are provided. (3) Local applications An eligible entity desiring 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 application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s capacity survey conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, including early childhood educators, principals, and other instructional leaders served by the school, including early learning program administrators. (C) How the school will identify children in need of literacy interventions or other support services and provide appropriate scientifically valid instructional interventions or other support services which may include extended learning time for struggling children. (D) A budget for the school that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsections (b) and (c) as applicable. (E) An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (F) A description of how the school will coordinate comprehensive literacy instruction with early learning and after-school programs and activities in the area served by the local educational agency, such as school library programs. (G) A description of the assessments that will be used in an assessment system to improve comprehensive literacy instruction and track child literacy progress. (H) A description of how families and caregivers will be involved in supporting their children’s literacy instruction and assessment. (I) A description of how, if an eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this Act. (J) A description of the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section. (K) An assurance that the eligible entity will, if requested, participate in the national evaluation described in section 11. (b) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a literacy plan across content areas that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2) Acquiring, providing training for, selecting, and administering assessments, and managing, monitoring, and planning instruction based on the assessment data. (3) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, and other program staff. (4) Training principals, specialized instruction support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives that— (A) utilize data— (i) to inform instructional decisions; and (ii) to assess professional development needs; and (B) provide time and support for teachers to meet to plan comprehensive literacy instruction. (5) Coordinating the involvement of early learning program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this Act. (6) Engaging families and encouraging family literacy experiences and practices to support literacy development. (7) Annually collecting, summarizing, and reporting to the State educational agency data— (A) to document and monitor for the purpose of improving practice, improvements, or increases in children’s reading and writing pursuant to activities carried out under this section; (B) to stimulate and accelerate improvement by identifying the schools that produce significant gains in literacy achievement; and (C) for all children and categories of children, including the groups of students 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)), in a manner that utilizes a variety of measures and that is consistent across the State. (c) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a literacy plan described in paragraphs (1), (2), (3), (6), and (7) of subsection (b) for children in grades 6 through 12. (2) Training principals, specialized instruction support personnel, and other instructional leaders to support, develop, administer, and evaluate high-quality adolescent literacy initiatives that— (A) utilize data— (i) to inform instructional decisions and allow for personalization of instruction based on a child's need; and (ii) to assess professional development needs; (B) assess the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; (C) provide time for teachers to meet to plan research-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (D) include instruction in— (i) discipline-specific thinking; (ii) reading and interpreting discipline-specific text structures and features; and (iii) writing in different disciplines. (3) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this Act. (d) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (b) and (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Providing a planning period of not more than 1 year for eligible entities to establish the elements necessary for successful implementation of a literacy program for kindergarten through grade 12. (2) Recruiting, placing, training, and compensating literacy coaches. (3) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (4) Training families and caregivers to support the improvement of adolescent literacy. (5) Providing for a multitier system of support. (6) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (7) Providing high-quality, literacy-rich environments that engage children with materials and experiences at the children's reading and writing levels. (8) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians) to meet to plan comprehensive literacy instruction. (e) Limitation of use to certain schools An eligible entity receiving a subgrant under this section shall, in distributing the subgrant funds, provide the subgrant funds only to schools, including public charter schools, that have the highest percentages or numbers of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). 11. National evaluation, information dissemination, and technical assistance (a) National evaluation (1) In general From funds reserved under section 5(a)(1)(A), the Secretary shall enter into a contract with an organization independent of the Department for a 5-year national evaluation of the grant and subgrant programs assisted under this Act. Such evaluation shall include scientifically valid research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs. (2) Contents of evaluation The evaluation described in this subsection shall include an analysis of each of the following: (A) The impact of the implementation of literacy initiatives and practices supported under this Act on— (i) increasing academic outcomes, including child literacy development in reading and writing, and speaking (as appropriate), grade promotion, and graduation to the extent predictable; (ii) promoting the appropriate early literacy development of young children; and (iii) strengthening the literacy skills of English learners and children with disabilities. (B) The fidelity of implementation of core program features, such as coherence of the program across grades, quality of technical assistance, State and local educational agency leadership, professional development for teachers and administrators, use of quality materials and pedagogy, and use of assessment. (C) The relationship between implementation of core features and children's academic outcomes. (D) Other inquiries as designated by the Secretary, such as— (i) the core functions of literacy initiatives that have demonstrated the greatest impact on child literacy achievement, especially among children reading and writing below grade level; (ii) effective strategies to integrate State and local standards, curricula, assessments, instruction, materials, and interventions to improve literacy; (iii) the types of literacy activities and professional development that most effectively improve the early reading, writing, and language skills of children from birth through kindergarten entry; (iv) the impact of adolescent literacy initiatives on adolescent motivation, engagement, and participation in adolescent literacy activities; (v) the relationship between children’s literacy achievement and secondary school success, including improving graduation rates; and (vi) effective strategies to integrate school and public library programs to improve literacy. (3) Program improvement The Secretary shall— (A) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (B) make such findings publicly available, including on the Department's website; and (C) submit such findings to the authorizing committees. (b) Information dissemination and technical assistance (1) In general From amounts reserved under section 5(a)(1)(A), the Secretary, in collaboration with the regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002, the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002, and the Director of the National Institute of Child Health and Human Development, shall— (A) distribute information on— (i) comprehensive literacy instruction, including best practices and model programs identified in the evaluation; (ii) other inquiries designated by the Secretary under subsection (a)(2)(D); or (iii) other relevant Federal studies of literacy activities; and (B) provide technical assistance in order to assist States and local educational agencies in improving comprehensive literacy instruction and learning. (2) Dissemination and coordination The Secretary shall disseminate the information described in paragraph (1)(A) to— (A) recipients of Federal financial assistance under this Act, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and (B) each Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (3) Use of networks In carrying out this subsection, the Secretary shall, to the extent practicable, use information and dissemination networks developed and maintained through other public and private entities. 12. Consequences of insufficient progress, reporting 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 subparagraph (C) or (D)(ii) of section 5(a)(1), or an eligible entity receiving a subgrant under section 9 or 10, is not making significant progress in meeting the purposes of this Act and the key data metrics identified by the State educational agency in section 7(b)(2)(C) after the submission of a report described in subsection (b), then the Secretary may withhold, in whole or in part, further payments under this Act in accordance with section 455 of the General Education Provisions Act or take such other action authorized by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency, or eligible entity, respectively. (2) Consequences for subgrant recipients (A) In general A State educational agency receiving an award under subparagraph (C) or (D)(ii) of section 5(a)(1) may refuse to award subgrant funds to an eligible entity under section 9 or 10 if the State educational agency finds that the eligible entity is not making significant progress in meeting the purposes of this Act, after— (i) affording the eligible entity notice, a period for correction, and an opportunity for a hearing; and (ii) providing technical assistance to the eligible entity. (B) Funds available Subgrant funds not awarded under subparagraph (A) shall be redirected to an eligible entity serving similar children in the same area or region as the eligible entity not awarded the subgrant funds, to the greatest extent practicable. (b) Reporting requirements (1) State educational agency annual reports Each State educational agency receiving an award under subparagraph (C) or (D)(ii) of section 5(a)(1) shall report annually to the Secretary regarding the State educational agency’s progress in addressing the purposes of this Act. Such report shall include at a minimum data, for each subgrantee, and for the State, on the metrics identified under section 7(b)(2)(C), such as— (A) the number and percentage of children reading and writing on grade level by the end of grade 3; (B) the percent of children served under the award who receive special education and related services; and (C) the degree of appropriate developmental progress or literacy achievement growth of children, disaggregated by the 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)). (2) Periodic reports Each State educational agency receiving an award under subparagraph (C) or (D)(ii) of section 5(a)(1) shall periodically report to the Secretary regarding the State educational agency’s progress in addressing the purposes of this Act. Such reports shall be submitted at such times, and in such manner, as the Secretary shall establish, and shall, over the term of the grant, include descriptions of— (A) the professional development activities provided under the award, including types of activities and entities involved in providing professional development to classroom teachers and other program staff, such as school librarians; (B) instruction, strategies, activities, curricula, materials, and assessments used in the programs funded under the award; (C) the types of programs funded under the award and demographic information, including ages, of the children served by the programs funded under the award, except that such information shall not be personally identifiable; (D) the experience and qualifications of the program staff who provide comprehensive literacy instruction under the programs funded under the award, including the experience and qualifications of those staff working with children with disabilities or developmental delay, with English learners, and with children from birth through kindergarten entry; and (E) student performance on relevant program metrics, as identified in the State educational agency’s plan, such as— (i) the number of children reading and writing on grade level by the end of the third grade; (ii) the percent of students served under this Act receiving special education services; (iii) the instruction and activities delivered to at-risk students served under this Act; and (iv) the professional development activities provided to teachers participating under this Act. (3) Eligible entity reports Each eligible entity receiving a subgrant under section 9 or 10 shall report to the State educational agency regarding the eligible entity’s progress in addressing the purposes of this Act. Such report shall be submitted at such times, and in such manner, as the State educational agency shall establish, consistent with the requirements of paragraphs (1) and (2) for reports submitted by the State educational agency to the Secretary, and shall, over the term of the subgrant, include, consistent with such requirements for the State educational agency reports, descriptions of— (A) how the subgrant funds were used; and (B) the results of an external evaluation, if the Secretary determines such evaluation to be applicable. 13. Rules of construction (a) Child eligibility Nothing in this Act shall be construed to prohibit children eligible for assistance 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 children eligible for assistance under the Individuals with Disabilities Education Act from receiving literacy instruction and intervention under this Act. (b) IDEA evaluation The screening assessments, diagnostic assessments, and formative assessment processes of reading and writing authorized under this Act shall not be construed to constitute an evaluation required under the Individuals with Disabilities Education Act, except that assessments administered under this Act may be used in conjunction with other assessments as part of an evaluation under the Individuals with Disabilities Education Act, provided that all assessment requirements of such Act are met. 14. Authorization of appropriations There are authorized to be appropriated to carry out this Act, $2,350,000,000 for fiscal year 2014 and each of the 5 succeeding fiscal years.