Right to Read Act of 2023
This bill expands access to school libraries and literacy skills support for elementary and secondary school students. It also outlines certain constitutional rights and liability protections related to school libraries.
Specifically, the bill reauthorizes through FY2028 (1) the Comprehensive Literacy State Development Program, which provides grants to ensure high-quality instruction and effective strategies in reading and writing for children through 12th grade; and (2) the Innovative Approaches to Literacy Program, which provides grants to support the development of literacy skills in low-income communities.
Additionally, the bill allows Supporting Effective Instruction State Grants to be used to assist local educational agencies (LEAs) and schools in recruiting, hiring, and retaining state-certified school librarians.
Further, the bill authorizes states and LEAs to use Student Support and Academic Enrichment grants for programs and activities that promote the development of digital literacy and information literacy skills.
The Department of Education (ED) must direct the National Center for Education Statistics to biennially collect data on school libraries.
ED must require an assurance from each state and LEA receiving certain funds confirming that it will (1) protect the First Amendment rights of students in school libraries, and (2) provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws.
The bill also provides liability protection to teachers, school librarians, school leaders, paraprofessionals, and other staff for actions that conform with state or local policies regarding the right to read.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2889 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2889
To ensure that students in schools have a right to read, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Grijalva (for himself, Mr. Bowman, Mr. Courtney, Ms. Ocasio-Cortez,
Ms. Adams, Ms. Wilson of Florida, Ms. Norton, Ms. Crockett, Ms.
Bonamici, Ms. Meng, Ms. McCollum, and Mr. McGovern) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To ensure that students in schools have a right to read, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Read Act of 2023''.
SEC. 2. DEFINITIONS.
Section 8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (19) through (28),
paragraphs (29) through (43), paragraphs (44) through (49), and
paragraphs (50) through (52) as paragraphs (20) through (29),
paragraphs (31) through (45), paragraphs (47) through (52), and
paragraphs (54) through (56), respectively;
(2) by inserting after paragraph (18) the following:
``(19) Effective school library.--The term `effective
school library' means a library that--
``(A) is staffed by supporting staff and at least
one full-time State-certified school librarian who--
``(i) is an instructional leader,
information specialist, and teacher;
``(ii) supports the digital learning
environment and the development of
participatory learning, inquiry learning,
digital literacy, and information literacy; and
``(iii) supports, supplements, and elevates
the literacy experience through guidance in
reading for learning and motivational reading
initiatives in order to enhance student
achievement and foster lifelong reading and
learning;
``(B) is otherwise adequately staffed to be open to
students before, during, and after the school day;
``(C) has a sufficient collection of professionally
curated up-to-date digital and print materials and
technology, including openly licensed educational
resources;
``(D) provides appropriate facilities for
maintaining and providing equitable access to
materials, technology, connectivity, and library and
literacy instruction;
``(E) provides regular skills development or
training for classroom teachers, school librarians,
library paraprofessional staff, and other educators;
``(F) provides opportunities for collaboration
between classroom teachers and school librarians; and
``(G) implements nationally recognized professional
standards of practice.'';
(3) by inserting after paragraph (29), as redesignated by
paragraph (1), the following:
``(30) Information literacy.--The term `information
literacy' means the set of skills needed to find, retrieve,
understand, evaluate, analyze, and effectively use information
(which encompasses spoken and broadcast words and videos,
printed materials, and digital content, data, and images).'';
(4) by inserting after paragraph (45), as redesignated by
paragraph (1), the following:
``(46) Right to read.--The term `right to read' means all
students have access to--
``(A) linguistically and developmentally
appropriate, evidence-based reading instruction;
``(B) effective school libraries;
``(C) family literacy support;
``(D) culturally diverse and inclusive materials;
``(E) reading materials in the home; and
``(F) the freedom to choose reading materials.'';
and
(5) by inserting after paragraph (52), as redesignated by
paragraph (1), the following:
``(53) Teacher.--The term `teacher' includes a school
librarian.''.
SEC. 3. AMENDMENTS TO TITLE I.
(a) State Plans.--Section 1111 of that Act (20 U.S.C. 6311) is
amended--
(1) in subsection (a)(4)(A)(ii)(I)(aa), by inserting
``(including school librarians)'' after ``teachers''; and
(2) in subsection (g)--
(A) in paragraph (1)--
(i) by redesignating subparagraph (G) as
subparagraph (H);
(ii) in subparagraph (F), by striking
``and'' after the semicolon;
(iii) by inserting after subparagraph (F)
the following:
``(G) how the State will work to ensure that low-
income students, minority students, students with
disabilities, and English learners are not
disproportionally enrolled in schools that lack an
effective school library, and the measures the State
educational agency will use to evaluate and publicly
report the progress of the State educational agency
with respect to ensuring such access to an effective
school library; and''; and
(iv) in subparagraph (H), as redesignated
by clause (i), by inserting ``, including the
development of digital literacy and information
literacy skills'' after ``academic standards'';
and
(B) in paragraph (2)--
(i) in subparagraph (J), by inserting
``(including school librarians)'' after
``teachers'';
(ii) in subparagraph (M), by striking
``and'' after the semicolon;
(iii) in subparagraph (N), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(O) the State educational agency has a policy
regarding the right to read and will notify local
educational agencies, Indian tribes and tribal
organizations, schools, teachers, school librarians,
principals, other school leaders, specialized support
personnel, parents, and the public of such policy.''.
(b) Local Educational Agency Plans.--Section 1112 of that Act (20
U.S.C. 6312) is amended--
(1) in subsection (a)(1)(A), by inserting ``(including
school librarians)'' after ``teachers''; and
(2) in subsection (b)--
(A) in paragraph (12)(B), by striking ``and'' after
the semicolon;
(B) by striking paragraph (13); and
(C) by adding at the end the following:
``(13) how the local educational agency will--
``(A) support and improve effective school
libraries by supporting the work of State-certified
school librarians to ensure that students have
equitable access to such libraries; and
``(B) assist schools in developing effective school
libraries to provide students an opportunity to develop
digital literacy and information literacy skills and
improve academic achievement;
``(14) the policies the local educational agency has in
place to protect the right to read; and
``(15) any other information on how the local educational
agency proposes to use funds to meet the purposes of this part,
and that the local educational agency determines appropriate to
provide, which may include a description of how the local
educational agency will assist schools in identifying and
serving gifted and talented students.''.
SEC. 4. AMENDMENTS TO TITLE II.
(a) Authorization of Appropriations.--Section 2003 of that Act (20
U.S.C. 6603) is amended--
(1) in subsection (b), by inserting ``except for subpart
2,'' after ``part B,''; and
(2) by adding at the end the following:
``(c) Literacy Education for All, Results for the Nation.--There
are authorized to be appropriated--
``(1) for grants authorized under section 2222,
$500,000,000 for fiscal year 2024 and each of the succeeding 4
fiscal years; and
``(2) for grants authorized under section 2226,
$100,000,000 for fiscal year 2024 and each of the succeeding 4
fiscal years.''.
(b) Formula Grants to States.--Section 2101 of that Act (20 U.S.C.
6611) is amended--
(1) in subsection (c)(4)(B)--
(A) by redesignating clauses (xiv) through (xxi) as
clauses (xvii) through (xxiv), respectively;
(B) by striking clause (xiii) and inserting the
following:
``(xiii) Supporting and improving effective
school libraries that involve collaboration
with State-certified school librarians.''; and
(C) by inserting after clause (xiii) the following:
``(xiv) Developing, improving, and
implementing mechanisms to assist local
educational agencies and schools in effectively
recruiting, hiring, and retaining State-
certified school librarians.
``(xv) Providing training to school
librarians, teachers, and school leaders on how
to leverage effective school libraries for
academic achievement, digital literacy,
information literacy, and student and family
engagement.
``(xvi) Providing training to library
paraprofessional and other library staff to
improve the effectiveness of school library
programs.''; and
(2) in subsection (d)(3)(A), by inserting ``(including
school librarians)'' after ``teachers''.
(c) Local Uses of Funds.--Section 2103(b)(3) of that Act (20 U.S.C.
6613(b)(3)) is amended by striking subparagraph (K) and inserting the
following:
``(K) programs and activities to support and
improve effective school libraries that involve
collaboration with State-certified school librarians,
such as efforts to promote and support digital
literacy, information literacy, extended student
inquiry, and capstone projects;''.
(d) Reservations.--Section 2201 of that Act (20 U.S.C. 6621) is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(e) Learn Purposes and Definitions.--Section 2221(b) of that Act
(20 U.S.C. 6641(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (K), by striking ``and'' after
the semicolon;
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(M) provides opportunities for students to
develop digital literacy and information literacy
skills.''; and
(2) in paragraph (2)(C), by inserting ``public libraries,
or pediatric literacy programs'' after ``which may include
early childhood education programs''.
(f) Comprehensive Literacy State Development Grants.--Section 2222
of that Act (20 U.S.C. 6642) is amended--
(1) in subsection (a), by striking ``From the amounts
reserved by the Secretary under section 2201(2) and not
reserved under subsection (b),'' and inserting ``From amounts
appropriated to carry out this section''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``reserved to carry out this subpart'' and
inserting ``appropriated to carry out this section'';
and
(B) in paragraphs (2) and (3), by striking
``subpart'' and inserting ``section'' each place the
term appears;
(3) in subsection (d)--
(A) in paragraph (1), by striking ``and the State
agency responsible for administering child care
programs'' and inserting ``the State agency responsible
for administering child care programs in the State, and
the State library administrative agency''; and
(B) in paragraph (2)(A), by inserting ``, diverse
high quality print materials, and effective school
libraries,'' after ``teachers of literacy''; and
(4) in subsection (f)(2)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Providing technical assistance to eligible
entities in the development of effective school
libraries, which may include establishing a statewide
office to coordinate technical assistance for such
libraries.''.
(g) Subgrants to Eligible Entities in Support of Birth Through
Kindergarten Entry Literacy.--Section 2223(a)(1) of that Act (20 U.S.C.
6643(a)(1)) is amended by inserting ``the State library administrative
agency,'' before ``and, if applicable,''.
(h) Innovative Approaches to Literacy.--Section 2226(a) of that Act
(20 U.S.C. 6646(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``From amounts reserved under section 2201(2)'' and inserting
``From amounts appropriated to carry out this section'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) increasing the number of State-certified school
librarians supporting students in high need schools;''.
(i) Technical Amendments.--
(1) Section 2231(a) of that Act (20 U.S.C. 6661(a)) is
amended, in the matter preceding paragraph (1) by striking
``section 2201(3)'' and inserting ``section 2201(2)''.
(2) Section 2241 of that Act (20 U.S.C. 6671) is amended,
in the matter preceding paragraph (1), by striking ``section
2201(4)'' and inserting ``section 2201(3)''.
SEC. 5. AMENDMENTS TO TITLE IV.
(a) State Use of Funds.--Section 4104(b)(3)(A)(i) of that Act (20
U.S.C. 7114(b)(3)(A)(i)) is amended--
(1) by redesignating subclauses (VI) and (VII) as
subclauses (VII) and (VIII), respectively; and
(2) by inserting after subclause (V) the following:
``(VI) digital literacy and
information literacy activities and
programs, including those provided
through effective school libraries;''.
(b) Activities To Support Well-Rounded Educational Opportunities.--
Section 4107(a)(3) of that Act (20 U.S.C. 7117(a)(3)) is amended--
(1) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively; and
(2) by inserting after subparagraph (H) the following:
``(I) programs and activities the promote the
development of digital literacy and information
literacy skills, including those provided through an
effective school library;''.
SEC. 6. DATA COLLECTION AND REPORTING ON SCHOOL LIBRARIES.
(a) Data Collection.--The Secretary of Education shall direct the
National Center for Education Statistics to biennially collect data on
elementary school and secondary school libraries.
(b) Elements.--The data collected biennially under subsection (a)
shall include--
(1) the number and percentage of elementary schools and
secondary schools in each State that have dedicated school
library facilities located on the grounds of the school and the
square footage of each such library facility;
(2) the number and percentage of schools counted under
paragraph (1) that employ at least one full-time State-
certified school librarian; and
(3) with respect to each elementary and secondary school
library--
(A) the number of State-certified school
librarians;
(B) the number of additional school library staff;
(C) the number and types of physical collections or
assets;
(D) the number and types of virtual collections or
databases the school library has access to;
(E) the number and types of student use devices
managed by school library staff;
(F) the amount of time State-certified school
librarians spend planning with teachers and instructing
students;
(G) the amount of time State-certified school
librarians spend planning with and providing
professional development for teachers; and
(H) other pertinent information that the Secretary
of Education determines is important in order to
support effective school libraries.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act and every two years thereafter, the Secretary of
Education shall submit to Congress a report that includes the data
collected under this section.
(d) ESEA Terms.--In this section, the terms ``elementary school''
and ``secondary school'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.
SEC. 7. LIABILITY PROTECTIONS RELATED TO THE RIGHT TO READ.
(a) In General.--Section 8556 of that Act (20 U.S.C. 7946) is
amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Liability Protections Related to the Right to Read.--No
teacher, school librarian, school leader, paraprofessional, or other
staff shall be liable for harm caused by an act or omission of such
person if the actions were carried out in conformity with State or
local policies regarding the right to read.'';
(3) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting ``subsection
(c)'';
(4) in subsection (c)(3), as redesignated by paragraph (1),
by striking ``A State law that'' and inserting ``Except with
respect to subsection (b), a State law that''; and
(5) in subsection (f), as redesignated by paragraph (1)--
(A) in paragraph (1), by striking ``Nothing in this
section'' and inserting ``Except with respect to
subsection (b), nothing in this section''; and
(B) in paragraph (2), by striking ``Nothing in this
subpart'' and inserting ``Except with respect to
subsection (b), nothing in this subpart''.
(b) Preemption and Election of State Nonapplicability.--Section
8555(b) of that Act (20 U.S.C. 7945(b)) is amended by striking ``This
subpart shall not apply'' and inserting ``Except for section 8556(b),
this subpart shall not apply''.
SEC. 8. PROTECTING CONSTITUTIONAL RIGHTS IN SCHOOL LIBRARIES.
Subpart 2 of part F of title VIII of that Act (20 U.S.C. 7901 et
seq.) is amended by adding at the end the following:
``SEC. 8549D. PROTECTING CONSTITUTIONAL RIGHTS IN SCHOOL LIBRARIES.
``The Secretary shall require an assurance from each State and
local educational agency receiving funds under this Act confirming that
the State or local educational agency--
``(1) will protect the First Amendment rights of students
in school libraries and will affirmatively further the right to
receive information by--
``(A) providing access to a variety of reading
materials;
``(B) recognizing that public schools prepare
individuals for participation as citizens;
``(C) recognizing that school boards have important
and discretionary functions;
``(D) acknowledging that among a school board's
functions is a role to play in determining the holdings
of a school library;
``(E) understanding the importance of First
Amendment protections in school libraries as centers
for voluntary inquiry and the dissemination of
information and ideas;
``(F) understanding that school boards must
exercise their discretionary authority in a manner that
comports with First Amendment protections and
imperatives; and
``(G) understanding that the exercise of a school
board's role in determining the holdings of a school
library may not be done in a manner that is partisan,
political, or otherwise aimed at prescribing particular
schools of thought or opinion; and
``(2) will provide equal protection in the conduct of
school libraries in compliance with the requirements of the
Fourteenth Amendment and nondiscrimination laws.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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