S. 5064 – Reading Mode

117th CONGRESS

2d Session

S. 5064

IN THE SENATE OF THE UNITED STATES

September 29, 2022

Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To ensure that children in schools have a right to read, and for other purposes.

Short title

This Act may be cited as the Right to Read Act of 2022.

Definitions

Section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended—

(1)

by redesignating paragraphs (19) through (28), paragraphs (29) through (43), paragraphs (44) through (49), and paragraphs (50) through (52) as paragraphs (20) through (29), paragraphs (31) through (45), paragraphs (47) through (52), and paragraphs (54) through (56), respectively;

(2)

by inserting after paragraph (18) the following:

(19)

Effective school library

The term effective school library means a library that—

(A)

is staffed by at least one full-time State-certified school librarian who—

(i)

is an instructional leader, information specialist, and teacher;

(ii)

supports the digital learning environment and the development of participatory learning, inquiry learning, digital literacy, and information literacy; and

(iii)

supports, supplements, and elevates the literacy experience through guidance in reading for learning and motivational reading initiatives in order to enhance student achievement and foster lifelong reading and learning;

(B)

is otherwise adequately staffed to be open to students before, during, and after the school day;

(C)

has a sufficient collection of curated up-to-date digital and print materials and technology, including openly licensed educational resources;

(D)

provides appropriate facilities for maintaining and providing equitable access to materials, technology, connectivity, and library and literacy instruction;

(E)

provides regular professional development for teachers, school librarians, and other educators;

(F)

provides opportunities for collaboration between classroom teachers and school librarians; and

(G)

implements nationally recognized standards of practice.

;

(3)

by inserting after paragraph (29), as redesignated by paragraph (1), the following:

(30)

Information literacy

The term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images).

;

(4)

by inserting after paragraph (45), as redesignated by paragraph (1), the following:

(46)

Right to read

The term right to read means all students have access to—

(A)

linguistically and developmentally appropriate, evidence-based reading instruction;

(B)

effective school libraries;

(C)

family literacy support;

(D)

culturally diverse and inclusive materials;

(E)

reading materials in the home; and

(F)

the freedom to choose reading materials.

; and

(5)

by inserting after paragraph (52), as redesignated by paragraph (1), the following:

(53)

Teacher

The term teacher includes a school librarian.

Amendments to title I

(a)

State Plans

Section 1111 of that Act (20 U.S.C. 6311) is amended—

(1)

in subsection (a)(4)(A)(ii)(I)(aa), by inserting (including school librarians) after teachers; and

(2)

in subsection (g)—

(A)

in paragraph (1)—

(i)

by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively; and

(ii)

by inserting after subparagraph (E) the following:

(F)

how the State will work to ensure that low-income children, minority children, children with disabilities, and English learners are not disproportionally enrolled in schools that lack an effective school library, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to ensuring such access to an effective school library;

(G)

how the State educational agency will provide assistance to local educational agencies and individual schools in supporting digital literacy and information literacy skills development for their students;

; and

(B)

in paragraph (2)—

(i)

in subparagraph (J), by inserting (including school librarians) after teachers;

(ii)

in subparagraph (M), by striking and after the semicolon;

(iii)

in subparagraph (N), by striking the period at the end and inserting ; and; and

(iv)

by adding at the end the following:

(O)

the State educational agency has a policy protecting the right to read and will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, school librarians, principals, other school leaders, specialized support personnel, parents, and the public of such right.

(b)

Local educational agency plans

Section 1112 of that Act (20 U.S.C. 6312) is amended—

(1)

in subsection (a)(1)(A), by inserting (including school librarians) after teachers; and

(2)

in subsection (b)—

(A)

in paragraph (12)(B), by striking and after the semicolon;

(B)

by striking paragraph (13); and

(C)

by adding at the end the following:

(13)

how the local educational agency will—

(A)

support and improve effective school libraries by supporting the work of State-certified school librarians to ensure that students have equitable access to such libraries; and

(B)

assist schools in developing effective school libraries to provide students an opportunity to develop digital literacy and information literacy skills and improve academic achievement;

(14)

the policies the local educational agency has in place to protect the right to read; and

(15)

any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include a description of how the local educational agency will assist schools in identifying and serving gifted and talented students.

Amendments to title II

(a)

Authorization of appropriations

(1)

In General

Section 2003 of that Act (20 U.S.C. 6603) is amended—

(A)

in subsection (b), by inserting except for subpart 2, after part B,; and

(B)

by adding at the end the following:

(c)

Literacy Education for All, Results for the Nation

There are authorized to be appropriated—

(1)

for grants authorized under section 2222, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years; and

(2)

for grants authorized under section 2226, $100,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years.

(2)

Reservations

Section 2201 of that Act (20 U.S.C. 6621) is amended—

(A)

by striking paragraph (2); and

(B)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(3)

Comprehensive literacy State development grants

Section 2222 of that Act (20 U.S.C. 6642) is amended—

(A)

in subsection (a), by striking From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), and inserting From amounts appropriated to carry out this section; and

(B)

in subsection (b)—

(i)

in the matter preceding paragraph (1), by striking reserved to carry out this subpart and inserting appropriated to carry out this section; and

(ii)

in paragraphs (2) and (3), by striking subpart and inserting section each place the term appears.

(4)

Innovative approaches to literacy

Section 2226(a) of that Act (20 U.S.C. 6646(a)) is amended by striking From amounts reserved under section 2201(2) and inserting From amounts appropriated to carry out this section.

(5)

Technical amendments

(A)

Section 2231(a) of that Act (20 U.S.C. 6661(a)) is amended, in the matter preceding paragraph (1) by striking section 2201(3) and inserting section 2201(2).

(B)

Section 2241 of that Act (20 U.S.C. 6671) is amended, in the matter preceding paragraph (1), by striking section 2201(4) and inserting section 2201(3).

(b)

Formula Grants to States

Section 2101 of that Act (20 U.S.C. 6611) is amended—

(1)

in subsection (c)(4)(B)—

(A)

by redesignating clauses (xiv) through (xxi) as clauses (xvi) through (xxiii), respectively;

(B)

by striking clause (xiii) and inserting the following:

(xiii)

Supporting and improving effective school libraries that involve collaboration with State-certified school librarians.

; and

(C)

by inserting after clause (xiii) the following:

(xiv)

Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting, hiring, and retaining State-certified school librarians.

(xv)

Providing training to school librarians, teachers, and school leaders on how to leverage effective school libraries for academic achievement, digital literacy, information literacy, and student and family engagement.

; and

(2)

in subsection (d)(3)(A), by inserting (including school librarians) after teachers.

(c)

LEARN Purposes and Definitions

Section 2221(b) of that Act (20 U.S.C. 6641(b)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (K), by striking and after the semicolon;

(B)

in subparagraph (L), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(M)

provides opportunities for children to develop digital literacy and information literacy skills.

; and

(2)

in paragraph (2)(C), by inserting public libraries, or pediatric literacy programs after which may include early childhood education programs.

(d)

Comprehensive literacy State development grants

Section 2222 of that Act (20 U.S.C. 6642), as amended by subsection (a)(3), is further amended—

(1)

in subsection (d)—

(A)

in paragraph (1), by striking and the State agency responsible for administering child care programs and inserting the State agency responsible for administering child care programs in the State, and the State library administrative agency; and

(B)

in paragraph (2)(A), by inserting , diverse high quality print materials, and effective school libraries, after teachers of literacy; and

(2)

in subsection (f)(2)—

(A)

by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and

(B)

by inserting after subparagraph (A) the following:

(B)

Providing technical assistance to eligible entities in the development of effective school libraries, which may include establishing a statewide office to coordinate technical assistance for such libraries.

(e)

Subgrants to eligible entities in support of birth through kindergarten entry literacy

Section 2223(a)(1) of that Act (20 U.S.C. 6643(a)(1)) is amended by inserting the State library administrative agency, before and, if applicable,.

(f)

Innovative approaches to literacy

Section 2226(a) of that Act (20 U.S.C. 6646(a)), as amended by subsection (a)(4), is further amended—

(1)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2)

by inserting after paragraph (1) the following:

(2)

increasing the number of State-certified school librarians supporting students in high need schools;

(g)

Local uses of funds

Section 2103(b)(3) of that Act (20 U.S.C. 6613(b)(3)) is amended by striking subparagraph (K) and inserting the following:

(K)

programs and activities to support and improve effective school libraries that involve collaboration with State-certified school librarians, such as efforts to promote and support digital literacy, information literacy, extended student inquiry, and capstone projects;

Amendments to title IV

(a)

State use of funds

Section 4104(b)(3)(A)(i) of that Act (20 U.S.C. 7114(b)(3)(A)(i)) is amended—

(1)

by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and

(2)

by inserting after subclause (V) the following:

(VI)

digital literacy and information literacy activities and programs, including those provided through effective school libraries;

(b)

Activities To support well-Rounded educational opportunities

Section 4107(a)(3) of that Act (20 U.S.C. 7117(a)(3)) is amended—

(1)

by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and

(2)

by inserting after subparagraph (H) the following:

(I)

programs and activities the promote the development of digital literacy and information literacy skills, including those provided through an effective school library;

Data collection and reporting on school libraries

(a)

Data collection

The Secretary of Education shall direct the National Center for Education Statistics to annually collect data on elementary school and secondary school libraries.

(b)

Elements

The data collected annually under subsection (a) shall include—

(1)

the number and percentage of elementary schools and secondary schools in each State that have dedicated school library facilities located on the grounds of the school and the square footage of each such library facility;

(2)

the number and percentage of schools counted under paragraph (1) that employ at least one full-time State-certified school librarian;

(3)

the number and types of physical collections or assets the school library has;

(4)

the number and types of virtual collections or databases the school library has access to;

(5)

the number and types of student use devices connected to high-speed internet;

(6)

the amount of time certified school librarians spend planning with teachers and instructing students;

(7)

the amount of time certified school librarians spend planning for and providing professional development for teachers;

(8)

the number of additional library staff; and

(9)

other pertinent information that the Secretary of Education determines is important in order to support effective school libraries.

(c)

Report to Congress

Not later than one year after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes the data collected under this section.

(d)

ESEA terms

In this section, the terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year.

Limitation on liability for teachers

(a)

In General

Section 8556 of that Act (20 U.S.C. 7946) is amended—

(1)

by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;

(2)

by inserting after subsection (a) the following:

(b)

Liability protections related to the right To read

No teacher or school librarian shall be liable for harm caused by an act or omission of the teacher or school librarian if the actions of the teacher or school librarian were carried out in conformity with the right to read.

;

(3)

in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c);

(4)

in subsection (c)(3), as redesignated by paragraph (1), by striking A State law that and inserting Except with respect to subsection (b), a State law that; and

(5)

in subsection (f), as redesignated by paragraph (1)—

(A)

in paragraph (1), by striking Nothing in this section and inserting Except with respect to subsection (b), nothing in this section; and

(B)

in paragraph (2), by striking Nothing in this subpart and inserting Except with respect to subsection (b), nothing in this subpart.

(b)

Preemption and election of State nonapplicability

Section 8555(b) of that Act (20 U.S.C. 7945(b)) is amended by striking This subpart shall not apply and inserting Except for section 8556(b), this subpart shall not apply.

Protecting First Amendment rights in school libraries

Subpart 2 of part F of title VIII of that Act (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:

8549D.

Protecting First Amendment rights in school libraries

The Secretary shall require an assurance from each State and local educational agency receiving funds under this Act confirming that the State or local educational agency—

(1)

understands the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; and

(2)

is aware of the responsibility to respect those protections in accordance with Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico, 457 U.S. 853 (1982).