[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9056 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9056
To ensure that children in schools have a right to read, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Grijalva introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To ensure that children 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 2022''.
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 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.''.
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 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; and
``(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.''.
SEC. 4. 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;''.
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 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.
SEC. 7. 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''.
SEC. 8. 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:
``SEC. 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 its 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).''.
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