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Reading Excellence Act Grant Program Application
P.L.105-277, the Omnibus Consolidated and Emergency Supplemental Appropriations Act, was signed into law on October 21, 1998. It amended the Elementary and Secondary Education Act of 1965 to add the Reading Excellence Act in Title II as Part C, as provided below.
TITLE VIII—READING EXCELLENCE ACT
Subtitle I—Reading and Literacy Grants
SEC. 101. AMENDMENT TO ESEA FOR READING AND LITERACY GRANTS.
(a) IN GENERAL.—Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended—
(1) by redesignating parts C and D as parts D and E, respectively; and
(2) by inserting after part B the following:
??PART C—READING AND LITERACY GRANTS
??SEC. 2251. PURPOSES.
??The purposes of this part are as follows:
??(1) To provide children with the readiness skills they need to learn to read once they enter school.
??(2) To teach every child to read in the child?s early childhood years—
??(A) as soon as the child is ready to read; or
??(B) as soon as possible once the child enters school, but not later than 3d grade.
??(3) To improve the reading skills of students, and the instructional practices for current teachers (and, as appropriate, other instructional staff) who teach reading, through the use of findings from scientifically based reading research, including findings relating to phonemic awareness, systematic phonics, fluency, and reading comprehension.
??(4) To expand the number of high-quality family literacy programs.
??(5) To provide early literacy intervention to children who are experiencing reading difficulties in order to reduce the number of children who are incorrectly identified as a child with a disability and inappropriately referred to special education.
??SEC. 2252. DEFINITIONS.
??For purposes of this part:
??(1) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.—The term ?eligible professional development provider? means a provider of professional development in reading instruction to teachers that is based on scientifically based reading research.
??(2) FAMILY LITERACY SERVICES.—The term ?family literacy services? means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient du-ration, to make sustainable changes in a family, and that integrate all of the following activities:
??(A) Interactive literacy activities between parents and their children.
??(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.
??(C) Parent literacy training that leads to economic self-sufficiency.
??(D) An age-appropriate education to prepare children for success in school and life experiences.
??(3) INSTRUCTIONAL STAFF.—The term ?instructional staff?—
??(A) means individuals who have responsibility for teaching children to read; and
??(B) includes principals, teachers, supervisors of instruction, librarians, library school media specialists, teachers of academic subjects other than reading, and other individuals who have responsibility for assisting children to learn to read.
??(4) READING.—The term ?reading? means a complex system of deriving meaning from print 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 decode unfamiliar words.
??(C) The ability to read fluently.
??(D) Sufficient background information and vocabulary to foster reading comprehension.
??(E) The development of appropriate active strategies to construct meaning from print.
??(F) The development and maintenance of a motivation to read.
??(5) SCIENTIFICALLY BASED READING RESEARCH.—The term ?scientifically based reading research?—
??(A) means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and
??(B) shall include research that—
??(i) employs systematic, empirical methods that draw on observation or experiment;
??(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
??(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and
??(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
??SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL AGENCIES.
??(a) PROGRAM AUTHORIZED.—
??(1) IN GENERAL.—Subject to the provisions of this part, the Secretary shall award grants to State educational agencies to carry out the reading and literacy activities authorized under this section and sections 2254 through 2256.
??(2) LIMITATIONS.—
??(A) SINGLE GRANT PER STATE.—A State educational agency may not receive more than one grant under paragraph (1).
??(B) 3-YEAR TERM.—A State educational agency that receives a grant under paragraph (1) may expend the funds provided under the grant only during the 3-year period beginning on the date on which the grant is made.
??(b) APPLICATION.—
??(1) IN GENERAL.—A State educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time and in such form as the Secretary may require. The application shall contain the information described in paragraph (2).
??(2) CONTENTS.—An application under this sub-section shall contain the following:
??(A) An assurance that the Governor of the State, in consultation with the State educational agency, has established a reading and literacy partnership described in subsection (d), and a description of how such partnership—
??(i) assisted in the development of the State plan;
??(ii) will be involved in advising on the selection of subgrantees under sections 2255 and 2256; and
??(iii) will assist in the oversight and evaluation of such subgrantees.
??(B) A description of the following:
??(i) How the State educational agency will ensure that professional development activities related to reading instruction and provided under this part are—??(I) coordinated with other State and local level funds and used effectively to improve instructional practices for reading; and ??(II) based on scientifically based reading research.
??(ii) How the activities assisted under this part will address the needs of teachers and other instructional staff, and will effectively teach students to read, in schools receiving assistance under section 2255 and 2256.
??(iii) The extent to which the activities will prepare teachers in all the major components of reading instruction (including phonemic awareness, systematic phonics, fluency, and reading comprehension).
??(iv) How the State educational agency will use technology to enhance reading and literacy professional development activities for teachers, as appropriate.
??(v) How parents can participate in literacy-related activities assisted under this part to enhance their children?s reading.
??(vi) How subgrants made by the State educational agency under sections 2255 and 2256 will meet the requirements of this part, including how the State educational agency will ensure that subgrantees will use practices based on scientifically based reading research.
??(vii) How the State educational agency will, to the extent practicable, make grants to subgrantees in both rural and urban areas.
??(viii) The process that the State used to establish the reading and literacy partnership described in subsection (d).
??(C) An assurance that each local educational agency to which the State educational agency makes a subgrant—
??(i) will provide professional development for the classroom teacher and other appropriate instructional staff on the teaching of reading based on scientifically based reading research;
??(ii) will provide family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their child?s first and most important teacher;
??(iii) will carry out programs to assist those kindergarten students who are not ready for the transition to first grade, particularly students experiencing difficulty with reading skills; and
??(iv) will use supervised individuals (including tutors), who have been appropriately trained using scientifically based reading research, to provide additional sup-port, before school, after school, on weekends, during noninstructional periods of the school day, or during the summer, for children preparing to enter kindergarten and students in kindergarten through grade 3 who are experiencing difficulty reading.
??(D) An assurance that instruction in reading will be provided to children with reading difficulties who—
??(i) are at risk of being referred to special education based on these difficulties; or
??(ii) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in accordance with section 614(b)(5) of such Act, have not been identified as being a child with a disability (as defined in section 602 of the such Act).
??(E) A description of how the State educational agency—
??(i) will build on, and promote coordination among, literacy programs in the State (including federally funded programs such as the Adult Education and Family Literacy Act and the Individuals with Disabilities Education Act), in order to in-crease the effectiveness of the programs in improving reading for adults and children and to avoid duplication of the efforts of the programs;
??(ii) will promote reading and library programs that provide access to engaging reading material;
??(iii) will make local educational agencies described in sections 2255(a)(1) and 2256(a)(1) aware of the availability of subgrants under sections 2255 and 2256; and
??(iv) will assess and evaluate, on a regular basis, local educational agency activities assisted under this part, with respect to whether they have been effective in achieving the purposes of this part.
??(F) A description of the evaluation instrument the State educational agency will use for purposes of the assessments and evaluations under subparagraph (E)(iv).
??(c) APPROVAL OF APPLICATIONS.—
??(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section only—
??(A) if such application meets the requirement of this section; and
??(B) after taking into account the extent to which the application furthers the purposes of this part and the overall quality of the application.
??(2) PEER REVIEW.—
??(A) IN GENERAL.—The Secretary, in consultation with the National Institute for Literacy, shall convene a panel to evaluate applications under this section. At a minimum, the panel shall include—
??(i) representatives of the National Institute for Literacy, the National Research Council of the National Academy of Sciences, and the National Institute of Child Health and Human Development;
??(ii) 3 individuals selected by the Secretary;
??(iii) 3 individuals selected by the National Institute for Literacy;
??(iv) 3 individuals selected by the National Research Council of the National Academy of Sciences; and
??(v) 3 individuals selected by the National Institute of Child Health and Human Development.
??(B) EXPERTS.—The panel shall include experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications under this section, and experts who provide professional development to teachers of reading to children and adults, and experts who provide professional development to other instructional staff, based on scientifically based reading research.
??(C) PRIORITY.—The panel shall recommend grant applications from State educational agencies under this section to the Secretary for funding or for disapproval. In making such recommendations, the panel shall give priority to applications from State educational agencies whose States have modified, are modifying, or provide an assurance that not later than 18 months after receiving a grant under this section the State educational agencies will increase the training and the methods of teaching reading required for certification as an elementary school teacher to reflect scientifically based reading research, except that nothing in this Act shall be construed to establish a national system of teacher certification.
??(D) MINIMUM GRANT AMOUNTS.—
??(i) STATES.—Each State educational agency selected to receive a grant under this section shall receive an amount for the grant period that is not less than $500,000.
??(ii) OUTLYING AREAS.—The Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands selected to receive a grant under this section shall receive an amount for the grant period that is not less than $100,000.
??(E) LIMITATION.—The Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall not be eligible to receive a grant under this part.
??(d) READING AND LITERACY PARTNERSHIPS.—
??(1) REQUIRED PARTICIPANTS.—In order for a State educational agency to receive a grant under this section, the Governor of the State, in consultation with the State educational agency, shall establish a reading and literacy partnership consisting of at least the following participants:
??(A) The Governor of the State.
??(B) The chief State school officer.
??(C) The chairman and the ranking member of each committee of the State legislature that is responsible for education policy.
??(D) A representative, selected jointly by the Governor and the chief State school officer, of at least one local educational agency that is eligible to receive a subgrant under section 2255.
??(E) A representative, selected jointly by the Governor and the chief State school officer, of a community-based organization working with children to improve their reading skills, particularly a community-based organization using tutors and scientifically based reading research.
??(F) State directors of appropriate Federal or State programs with a strong reading component.
??(G) A parent of a public or private school student or a parent who educates their child or children in their home, selected jointly by the Governor and the chief State school officer.
??(H) A teacher who successfully teaches reading and an instructional staff member, selected jointly by the Governor and the chief State school officer.
??(I) A family literacy service provider selected jointly by the Governor and the chief state school officer.
??(2) OPTIONAL PARTICIPANTS.—A reading and literacy partnership may include additional participants, who shall be selected jointly by the Governor and the chief State school officer, and who may include a representative of—
??(A) an institution of higher education operating a program of teacher preparation based on scientifically based reading research in the State;
??(B) a local educational agency;
??(C) a private nonprofit or for-profit eligible professional development provider providing instruction based on scientifically based reading research;
??(D) an adult education provider;
??(E) a volunteer organization that is involved in reading programs; or
??(F) a school library or a public library that offers reading or literacy programs for children or families.
??(3) PREEXISTING PARTNERSHIP.—If, before the date of the enactment of the Reading Excellence Act, a State established a consortium, partnership, or any other similar body, that includes the Governor and the chief State school officer and has, as a central part of its mission, the promotion of literacy for children in their early childhood years through the 3d grade and family literacy services, but that does not satisfy the requirements of paragraph (1), the State may elect to treat that consortium, partnership, or body as the reading and literacy partnership for the State notwithstanding such paragraph, and it shall be considered a reading and literacy partnership for purposes of the other provisions of this part.
??SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.
??A State educational agency that receives a grant under section 2253—
??(1) shall use not more than 5 percent of the funds made available under the grant for the administrative costs of carrying out this part (excluding section 2256), of which not more than 2 percent may be used to carry out section 2259; and
??(2) shall use not more than 15 percent of the funds made available under the grant to solicit applications for, award, and oversee the performance of, not less than one subgrant pursuant to section 2256.
??SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.
??(a) IN GENERAL.—
??(1) SUBGRANTS.—A State educational agency that receives a grant under section 2253 shall make subgrants, on a competitive basis, to local educational agencies that either—
??(A) have at least one school that is identified for school improvement under section 1116(c) in the geographic area served by the agency;
??(B) have the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other local educational agencies in the State; or
??(C) have the highest, or second highest, school-age child poverty rate, in comparison to all other local educational agencies in the State.
For purposes of subparagraph (C), the term ?school-age child poverty rate? means the number of children counted under section 1124(c) who are living within the geographic boundaries of the local educational agency, expressed as a percentage of the total number of children aged 5-17 years living within the geographic boundaries of the local educational agency.
??(2) SUBGRANT AMOUNT.—A subgrant under this section shall consist of an amount sufficient to enable the subgrant recipient to operate a program for a 2-year period and may not be revoked or terminated on the grounds that a school ceases, during the grant period, to meet the requirements of subparagraph (A), (B), or (C) of paragraph (1).
??(b) APPLICATIONS.—A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and including such information as the agency may require. The application?
??(1) shall describe how the local educational agency will work with schools selected by the agency to receive assistance under subsection (d)(1)—
??(A) to select one or more programs of reading instruction, developed using scientifically based reading research, to improve reading instruction by all academic teachers for all children in each of the schools selected by the agency under such subsection and, where appropriate, for their parents; and
??(B) to enter into an agreement with a person or entity responsible for the development of each program selected under subparagraph (A), or a person with experience or expertise about the program and its implementation, under which the person or entity agrees to work with the local educational agency and the schools in connection with such implementation and improvement efforts;
??(2) shall include an assurance that the local educational agency—
??(A) will carry out professional development for the classroom teacher and other instructional staff on the teaching of reading based on scientifically based reading research;
??(B) will provide family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their child?s first and most important teacher;
??(C) will carry out programs to assist those kindergarten students who are not ready for the transition to first grade, particularly students experiencing difficulty with reading skills; and
??(D) will use supervised individuals (including tutors), who have been appropriately trained using scientifically based reading research, to provide additional support, before school, after school, on weekends, during non-instructional periods of the school day, or during the summer, for children preparing to enter kindergarten and students in kindergarten through grade 3 who are experiencing difficulty reading;
??(3) shall describe how the applicant will ensure that funds available under this part, and funds available for reading instruction for kindergarten through grade 6 from other appropriate sources, are effectively coordinated, and, where appropriate, integrated with funds under this Act in order to improve existing activities in the areas of reading instruction, professional development, program improvement, parental involvement, technical assistance, and other activities that can help meet the purposes of this part;
??(4) shall describe, if appropriate, how parents, tutors, and early childhood education providers will be assisted by, and participate in, literacy-related activities receiving financial assistance under this part to enhance children?s reading fluency;
??(5) shall describe how the local educational agency—
??(A) provides instruction in reading to children with reading difficulties who—
??(i) are at risk of being referred to special education based on these difficulties; or
??(ii) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in accordance with section 614(b)(5) of such Act, have not been identified as being a child with a disability (as defined in section 602 of the such Act); and
??(B) will promote reading and library programs that provide access to engaging reading material; and
??(6) shall include an assurance that the local educational agency will make available, upon request and in an understandable and uniform format, to any parent of a student attending any school selected to receive assistance under subsection (d)(1) in the geographic area served by the local educational agency, information regarding the professional qualifications of the student?s classroom teacher to provide instruction in reading.
??(c) SPECIAL RULE.—To the extent feasible, a local educational agency that desires to receive a grant under this section shall form a partnership with one or more community-based organizations of demonstrated effectiveness in early childhood literacy, and reading readiness, reading instruction, and reading achievement for both adults and children, such as a Head Start program, family literacy program, public library, or adult education program, to carry out the functions described in paragraphs (1) through (6) of subsection (b). In evaluating subgrant applications under this section, a State educational agency shall consider whether the applicant has satisfied the requirement in the preceding sentence. If not, the applicant must provide information on why it would not have been feasible for the applicant to have done so.
??(d) USE OF FUNDS.?
??(1) IN GENERAL.—Subject to paragraph (2), a local educational agency that receives a subgrant under this section shall use amounts from the subgrant to carry out activities to advance reform of reading instruction in any school that is (A) described in subsection (a)(1)(A), (B) has the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other schools in the local educational agency, (C) has the highest, or second highest, school-age child poverty rate (as defined in the second sentence of subsection (a)(1)), in comparison to all other schools in the local educational agency. Such activities shall include the following:
??(A) Securing technical and other assistance from—
??(i) a program of reading instruction based on scientifically based reading re-search;
??(ii) a person or entity with experience or expertise about such program and its implementation, who has agreed to work with the recipient in connection with its implementation; or
??(iii) a program providing family literacy services.
??(B) Providing professional development activities to teachers and other instructional staff (including training of tutors), using scientifically based reading research and purchasing of curricular and other supporting materials.
??(C) Promoting reading and library programs that provide access to engaging reading material.
??(D) Providing, on a voluntary basis, training to parents of children enrolled in a school selected to receive assistance under subsection (d)(1) on how to help their children with school work, particularly in the development of reading skills. Such training may be provided directly by the subgrant recipient, or through a grant or contract with another person. Such training shall be consistent with reading reforms taking place in the school setting. No parent shall be required to participate in such training.
??(E) Carrying out family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their child?s first and most important teacher.
??(F) Providing instruction for parents of children enrolled in a school selected to receive assistance under subsection (d)(1), and others who volunteer to be reading tutors for such children, in the instructional practices based on scientifically based reading research used by the applicant.
??(G) Programs to assist those kindergarten students enrolled in a school selected to receive assistance under subsection (d)(1) who are not ready for the transition to first grade, particularly students experiencing difficulty with reading skills.
??(H) Providing additional support for children preparing to enter kindergarten and students in kindergarten through grade 3 who are enrolled in a school selected to receive assistance under subsection (d)(1), who are experiencing difficulty reading, before school, after school, on weekends, during noninstructional periods of the school day, or during the summer, using supervised individuals (including tutors), who have been appropriately trained using scientifically based reading research.
??(I) Providing instruction in reading to children with reading difficulties who—
??(i) are at risk of being referred to special education based on these difficulties; or
??(ii) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in accordance with section 614(b)(5) of such Act, have not been identified as being a child with a disability (as defined in section 602 of the such Act).
??(J) Providing coordination of reading, library, and literacy programs within the local educational agency to avoid duplication and in-crease the effectiveness of reading, library, and literacy activities.
??(2) LIMITATION ON ADMINISTRATIVE EXPENSES.— A recipient of a subgrant under this section may use not more than 5 percent of the subgrant funds for administrative costs.
??(e) TRAINING NONRECIPIENTS.—A recipient of a subgrant under this section may train, on a fee-for-service basis, personnel from schools, or local educational agencies, that are not a beneficiary of, or receiving, such a subgrant, in the instructional practices based on scientifically based reading research used by the recipient. Such a non-recipient school or agency may use funds received under title I of this Act, and other appropriate Federal funds used for reading instruction, to pay for such training, to the extent consistent with the law under which such funds were received.
??SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.
??(a) IN GENERAL.—
??(1) SUBGRANTS.—Except as provided in paragraph (4), a State educational agency that receives a grant under section 2253 shall make at least one subgrant on a competitive basis to?
??(A) local educational agencies that have at least one school in the geographic area served by the agency that—
??(i) is located in an area designated as an empowerment zone under part I of sub-chapter U of chapter 1 of the Internal Revenue Code of 1986; or
??(ii) is located in an area designated as an enterprise community under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986;
??(B) local educational agencies that have at least one school that is identified for school improvement under section 1116(c) in the geographic area served by the agency;
??(C) local educational agencies with the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other local educational agencies in the State; or
??(D) local educational agencies with the highest, or second highest, school-age child poverty rate, in comparison to all other local educational agencies in the State.
For purposes of subparagraph (D), the term ?school-age child poverty rate? means the number of children counted under section 1124(c) who are living within the geographic boundaries of the local educational agency, expressed as a percentage of the total number of children aged 5-17 years living within the geo-graphic boundaries of the local educational agency.
??(2) NOTIFICATION.—
??(A) TO LOCAL EDUCATIONAL AGENCIES.—A State educational agency shall provide notice to all local educational agencies within the State regarding the availability of the subgrants under this section.
??(B) TO PROVIDERS AND PARENTS.—Not later than 30 days after the date on which the State educational agency provides notice under subparagraph (A), each local educational agency described in paragraph (1) shall, as a condition on the agency?s receipt of funds made available under title I of this Act, provide public notice to potential providers of tutorial assistance operating in the jurisdiction of the agency, and parents residing in such jurisdiction, regarding the availability of the subgrants under this section.
??(3) APPLICATION.—A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and including such information as the agency may require. The application shall include an assurance that the local educational agency will use the subgrant funds to carry out the duties described in subsection (b) for children enrolled in any school selected by the agency that (A) is described in paragraph (1)(A), (B) is described in paragraph (1)(B), (C) has the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other schools in the local educational agency, or (D) has the highest, or second highest, school-age child poverty rate (as defined in the second sentence of paragraph (1)), in comparison to all other schools in the local educational agency.
??(4) EXCEPTION.—If no local educational agency within the State submits an application to receive a subgrant under this section within the 6-month period beginning on the date on which the State educational agency provided notice to the local educational agencies regarding the availability of the subgrants, the State educational agency may use funds otherwise re-served under 2254(2) for the purpose of providing local reading improvement subgrants under section 2255 if the State educational agency certifies to the Secretary that the requirements of paragraph (2) have been met and each local educational agency in the State described in subparagraph (B) of such paragraph has demonstrated to the State educational agency that no provider of tutorial assistance described in such subparagraph requested the local educational agency to submit under paragraph (3) an application for a tutorial assistance subgrant.
??(b) USE OF FUNDS.—
??(1) IN GENERAL.—A local educational agency that receives a subgrant under this section shall carry out, using the funds provided under the subgrant, each of the duties described in paragraph (2).
??(2) DUTIES.—The duties described in this paragraph are the provision of tutorial assistance in reading, before school, after school, on weekends, or during the summer, to children who have difficulty reading, using instructional practices based on scientifically based reading research, through the following:
??(A) The creation and implementation of objective criteria to determine in a uniform manner the eligibility of tutorial assistance providers and tutorial assistance programs desiring to provide tutorial assistance under the subgrant. Such criteria shall include the following:
??(i) A record of effectiveness with respect to reading readiness, reading instruction for children in kindergarten through 3d grade, and early childhood literacy, as appropriate.
??(ii) Location in a geographic area convenient to the school or schools attended by the children who will be receiving tutorial assistance.
??(iii) The ability to provide tutoring in reading to children who have difficulty reading, using instructional practices based on scientifically based reading research and consistent with the reading instructional methods and content used by the school the child attends.
??(B) The provision, to parents of a child eligible to receive tutorial assistance pursuant to this section, of multiple choices among tutorial assistance providers and tutorial assistance programs determined to be eligible under the criteria described in subparagraph (A). Such choices shall include a school-based program and at least one tutorial assistance program operated by a provider pursuant to a contract with the local educational agency.
??(C) The development of procedures—
??(i) for the provision of information to parents of an eligible child regarding such parents? choices for tutorial assistance for the child;
??(ii) for considering children for tutorial assistance who are identified under subparagraph (D) and for whom no parent has selected a tutorial assistance provider or tutorial assistance program that give such parents additional opportunities to select a tutorial assistance provider or tutorial assistance program referred to in subparagraph (B); and
??(iii) that permit a local educational agency to recommend a tutorial assistance provider or tutorial assistance program in a case where a parent asks for assistance in the making of such selection.
??(D) The development of a selection process for providing tutorial assistance in accordance with this paragraph that limits the provision of assistance to children identified, by the school the child attends, as having difficulty reading, including difficulty mastering phonemic awareness, systematic phonics, fluency, and reading comprehension.
??(E) The development of procedures for selecting children to receive tutorial assistance, to be used in cases where insufficient funds are available to provide assistance with respect to all children identified by a school under subparagraph (D), that—
??(i) give priority to children who are determined, through State or local reading assessments, to be most in need of tutorial assistance; and
??(ii) give priority, in cases where children are determined, through State or local reading assessments, to be equally in need of tutorial assistance, based on a random selection principle.
??(F) The development of a methodology by which payments are made directly to tutorial assistance providers who are identified and selected pursuant to this section and selected for funding. Such methodology shall include the making of a contract, consistent with State and local law, between the provider and the local educational agency. Such contract shall satisfy the following requirements:
??(i) It shall contain specific goals and timetables with respect to the performance of the tutorial assistance provider.
??(ii) It shall require the tutorial assistance provider to report to the local educational agency on the provider?s performance in meeting such goals and timetables.
??(iii) It shall specify the measurement techniques that will be used to evaluate the performance of the provider.
??(iv) It shall require the provider to meet all applicable Federal, State, and local health, safety, and civil rights laws.
??(v) It shall ensure that the tutorial assistance provided under the contract is consistent with reading instruction and content used by the local educational agency.
??(vi) It shall contain an agreement by the provider that information regarding the identity of any child eligible for, or enrolled in the program, will not be publicly disclosed without the permission of a parent of the child.
??(vii) It shall include the terms of an agreement between the provider and the local educational agency with respect to the provider?s purchase and maintenance of adequate general liability insurance.
??(viii) It shall contain provisions with respect to the making of payments to the provider by the local educational agency.
??(G) The development of procedures under which the local educational agency carrying out this paragraph—
??(i) will ensure oversight of the quality and effectiveness of the tutorial assistance provided by each tutorial assistance provider that is selected for funding;
??(ii) will provide for the termination of contracts with ineffective and unsuccessful tutorial assistance providers (as determined by the local educational agency based upon the performance of the provider with respect to the goals and timetables contained in the contract between the agency and the provider under subparagraph (F));
??(iii) will provide to each parent of a child identified under subparagraph (D) who requests such information for the purpose of selecting a tutorial assistance provider for the child, in a comprehensible format, information with respect to the quality and effectiveness of the tutorial assistance referred to in clause (i);
??(iv) will ensure that each school identifying a child under subparagraph (D) will provide upon request, to a parent of the child, assistance in selecting, from among the tutorial assistance providers who are identified pursuant to subparagraph (B) the provider who is best able to meet the needs of the child;
??(v) will ensure that parents of a child receiving tutorial assistance pursuant to this section are informed of their child?s progress in the tutorial program; and
??(vi) will ensure that it does not disclose the name of any child who may be eligible for tutorial assistance pursuant to this section, the name of any parent of such a child, or any other personally identifiable information about such a parent or child, to any tutorial assistance provider (excluding the agency itself), without the prior written consent of such parent.
??SEC. 2257. NATIONAL EVALUATION.
??From funds reserved under section 2260(b)(1), the Secretary, through grants or contracts, shall conduct a national assessment of the programs under this part. In developing the criteria for the assessment, the Secretary shall receive recommendations from the peer review panel convened under section 2253(c)(2).
??SEC. 2258. INFORMATION DISSEMINATION.
??(a) IN GENERAL.—From funds reserved under section 2260(b)(2), the National Institute for Literacy shall disseminate information on scientifically based reading re-search and information on subgrantee projects under section 2255 or 2256 that have proven effective. At a minimum, the institute shall disseminate such information to all recipients of Federal financial assistance under titles I and VII of this Act, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act.
??(b) COORDINATION.—In carrying out this section, the National Institute for Literacy—
??(1) shall use, to the extent practicable, information networks developed and maintained through other public and private persons, including the Secretary, the National Center for Family Literacy, and the Readline Program;
??(2) shall work in conjunction with any panel convened by the National Institute of Child Health and Human Development and the Secretary and any panel convened by the Office of Educational Research and Improvement to assess the current status of research based knowledge on reading development, including the effectiveness of various approaches to teaching children to read, with respect to determining the criteria by which the National Institute for Literacy judges scientifically based reading research and the design of strategies to disseminate such information; and
??(3) may assist any State educational agency selected to receive a grant under section 2253, and that requests such assistance—
??(A) in determining whether applications submitted under section 2253 meet the requirements of this title relating to scientifically based reading research; and
??(B) in the development of subgrant application forms.
??SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.
??(a) STATE EVALUATIONS.—
??(1) IN GENERAL.—Each State educational agency that receives a grant under section 2253 shall evaluate the success of the agency?s subgrantees in meeting the purposes of this part. At a minimum, the evaluation shall measure the extent to which students who are the intended beneficiaries of the subgrants made by the agency have improved their reading skills.
??(2) CONTRACT.—A State educational agency shall carry out the evaluation under this subsection by entering into a contract with an entity that conducts scientifically based reading research, under which contract the entity will perform the evaluation.
??(3) SUBMISSION.—A State educational agency shall submit the findings from the evaluation under this subsection to the Secretary. The Secretary shall submit a summary of the findings from the evaluations under this subsection and the national assessment conducted under section 2257 to the appropriate committees of the Congress, including the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.
??(b) PERFORMANCE REPORTS.—A State educational agency that receives a grant under section 2253 shall submit performance reports to the Secretary pursuant to a schedule to be determined by the Secretary, but not more frequently than annually. Such reports shall include—
??(1) with respect to subgrants under section 2255, the program or programs of reading instruction, based on scientifically based reading research, selected by subgrantees;
??(2) the results of use of the evaluation referred to in section 2253(b)(2)(E)(iv); and
??(3) a description of the subgrantees receiving funds under this part.
??SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; RESERVATIONS FROM APPROPRIATIONS; SUNSET.
??(a) AUTHORIZATIONS.—
??(1) FY 1999.—There are authorized to be appropriated to carry out this part and section 1202(c) $260,000,000 for fiscal year 1999.
??(2) FY 2000.—There are authorized to be appropriated to carry out this part and section 1202(c) $260,000,000 for fiscal year 2000.
??(b) RESERVATIONS.—From each of the amounts appropriated under subsection (a) for a fiscal year, the Secretary—
??(1) shall reserve 1.5 percent to carry out section 2257(a);
??(2) shall reserve $5,000,000 to carry out section 2258; and
??(3) shall reserve $10,000,000 to carry out section 1202(c).
??(c) SUNSET.—Notwithstanding section 422(a) of the General Education Provisions Act, this part is not subject to extension under such section.??.
(b) CONFORMING AMENDMENTS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Section 2003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603) is amended—
(A) in subsection (a), by striking ??title,?? and inserting ??title (other than part C),??; and
(B) in subsection (b)(3), by striking ??part C?? and inserting ??part D??.
(2) PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE.?Section 2206 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6646) is amended by inserting ??(other than part C)?? after ??for this title?? each place such term appears.
(3) REPORTING AND ACCOUNTABILITY.—Section 2401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701) is amended by striking ??under this part?? each place such term appears and inserting ??under this title (other than part C)??.
(4) DEFINITIONS.—Section 2402 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701) is amended by striking ??this part— ?? and inserting ??this title (other than part C)—??.
(5) GENERAL DEFINITIONS.—Section 14101(10)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(10)(C)) is amended by striking ??part C?? and inserting ??part D??.
(6) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.?Section 14503(b)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8893(b)(1)(B)) is amended by striking ??part C?? and inserting ??part D??.
[General Instructions]