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Referenced Laws
20 U.S.C. 7801
20 U.S.C. 6311
20 U.S.C. 6312
20 U.S.C. 6603
20 U.S.C. 6611
20 U.S.C. 6613(b)(3)
20 U.S.C. 6621
20 U.S.C. 6641(b)
20 U.S.C. 6642
20 U.S.C. 6643(a)(1)
20 U.S.C. 6646(a)
20 U.S.C. 6661(a)
20 U.S.C. 6671
20 U.S.C. 7114(b)(3)(A)(i)
20 U.S.C. 7117(a)(3)
20 U.S.C. 7946
20 U.S.C. 7945(b)
20 U.S.C. 7901 et seq.
Section 1
1. Short title This Act may be cited as the Right to Read Act of 2023.
Section 2
2. Definitions Section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended— 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; by inserting after paragraph (18) the following: The term effective school library means a library that— is staffed by supporting staff and at least one full-time State-certified school librarian who— is an instructional leader, information specialist, and teacher; supports the digital learning environment and the development of participatory learning, inquiry learning, digital literacy, and information literacy; and 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; is otherwise adequately staffed to be open to students before, during, and after the school day; has a sufficient collection of professionally curated up-to-date digital and print materials and technology, including openly licensed educational resources; provides appropriate facilities for maintaining and providing equitable access to materials, technology, connectivity, and library and literacy instruction; provides regular skills development or training for classroom teachers, school librarians, library paraprofessional staff, and other educators; provides opportunities for collaboration between classroom teachers and school librarians; and implements nationally recognized professional standards of practice. by inserting after paragraph (29), as redesignated by paragraph (1), the following: 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). by inserting after paragraph (45), as redesignated by paragraph (1), the following: The term right to read means all students have access to— linguistically and developmentally appropriate, evidence-based reading instruction; effective school libraries; family literacy support; culturally diverse and inclusive materials; reading materials in the home; and the freedom to choose reading materials. by inserting after paragraph (52), as redesignated by paragraph (1), the following: The term teacher includes a school librarian. (19)Effective school libraryThe 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.; (30)Information literacyThe 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).; (46)Right to readThe 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 (53)TeacherThe term teacher includes a school librarian..
Section 3
3. Amendments to title I Section 1111 of that Act (20 U.S.C. 6311) is amended— in subsection (a)(4)(A)(ii)(I)(aa), by inserting (including school librarians) after teachers; and in subsection (g)— in paragraph (1)— by redesignating subparagraph (G) as subparagraph (H); in subparagraph (F), by striking and after the semicolon; by inserting after subparagraph (F) the following: 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 in subparagraph (H), as redesignated by clause (i), by inserting , including the development of digital literacy and information literacy skills after academic standards; and in paragraph (2)— in subparagraph (J), by inserting (including school librarians) after teachers; in subparagraph (M), by striking and after the semicolon; in subparagraph (N), by striking the period at the end and inserting ; and; and by adding at the end the following: 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. Section 1112 of that Act (20 U.S.C. 6312) is amended— in subsection (a)(1)(A), by inserting (including school librarians) after teachers; and in subsection (b)— in paragraph (12)(B), by striking and after the semicolon; by striking paragraph (13); and by adding at the end the following: how the local educational agency will— 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 assist schools in developing effective school libraries to provide students an opportunity to develop digital literacy and information literacy skills and improve academic achievement; the policies the local educational agency has in place to protect the right to read; and 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. (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 (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.. (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..
Section 4
4. Amendments to title II Section 2003 of that Act (20 U.S.C. 6603) is amended— in subsection (b), by inserting except for subpart 2, after part B,; and by adding at the end the following: There are authorized to be appropriated— for grants authorized under section 2222, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years; and for grants authorized under section 2226, $100,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years. Section 2101 of that Act (20 U.S.C. 6611) is amended— in subsection (c)(4)(B)— by redesignating clauses (xiv) through (xxi) as clauses (xvii) through (xxiv), respectively; by striking clause (xiii) and inserting the following: Supporting and improving effective school libraries that involve collaboration with State-certified school librarians. by inserting after clause (xiii) the following: Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting, hiring, and retaining State-certified school librarians. 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. Providing training to library paraprofessional and other library staff to improve the effectiveness of school library programs. in subsection (d)(3)(A), by inserting (including school librarians) after teachers. Section 2103(b)(3) of that Act (20 U.S.C. 6613(b)(3)) is amended by striking subparagraph (K) and inserting the following: 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; Section 2201 of that Act (20 U.S.C. 6621) is amended— by striking paragraph (2); and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. Section 2221(b) of that Act (20 U.S.C. 6641(b)) is amended— in paragraph (1)— in subparagraph (K), by striking and after the semicolon; in subparagraph (L), by striking the period at the end and inserting ; and; and by adding at the end the following: provides opportunities for students to develop digital literacy and information literacy skills. in paragraph (2)(C), by inserting public libraries, or pediatric literacy programs after which may include early childhood education programs. Section 2222 of that Act (20 U.S.C. 6642) is amended— 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 in subsection (b)— in the matter preceding paragraph (1), by striking reserved to carry out this subpart and inserting appropriated to carry out this section; and in paragraphs (2) and (3), by striking subpart and inserting section each place the term appears; in subsection (d)— 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 in paragraph (2)(A), by inserting , diverse high quality print materials, and effective school libraries, after teachers of literacy; and in subsection (f)(2)— by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and by inserting after subparagraph (A) the following: 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. 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,. Section 2226(a) of that Act (20 U.S.C. 6646(a)) is amended— 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; by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and by inserting after paragraph (1) the following: increasing the number of State-certified school librarians supporting students in high need schools; 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). 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). (c)Literacy education for all, results for the nationThere 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.. (xiii)Supporting and improving effective school libraries that involve collaboration with State-certified school librarians.; and (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 (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;. (M)provides opportunities for students to develop digital literacy and information literacy skills.; and (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.. (2)increasing the number of State-certified school librarians supporting students in high need schools;.
Section 5
5. Amendments to title iv Section 4104(b)(3)(A)(i) of that Act (20 U.S.C. 7114(b)(3)(A)(i)) is amended— by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and by inserting after subclause (V) the following: digital literacy and information literacy activities and programs, including those provided through effective school libraries; Section 4107(a)(3) of that Act (20 U.S.C. 7117(a)(3)) is amended— by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and by inserting after subparagraph (H) the following: programs and activities the promote the development of digital literacy and information literacy skills, including those provided through an effective school library; (VI)digital literacy and information literacy activities and programs, including those provided through effective school libraries;. (I)programs and activities the promote the development of digital literacy and information literacy skills, including those provided through an effective school library;.
Section 6
6. Data collection and reporting on school libraries The Secretary of Education shall direct the National Center for Education Statistics to biennially collect data on elementary school and secondary school libraries. The data collected biennially under subsection (a) shall include— 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; the number and percentage of schools counted under paragraph (1) that employ at least one full-time State-certified school librarian; and with respect to each elementary and secondary school library— the number of State-certified school librarians; the number of additional school library staff; the number and types of physical collections or assets; the number and types of virtual collections or databases the school library has access to; the number and types of student use devices managed by school library staff; the amount of time State-certified school librarians spend planning with teachers and instructing students; the amount of time State-certified school librarians spend planning with and providing professional development for teachers; and other pertinent information that the Secretary of Education determines is important in order to support effective school libraries. 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. 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). There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year.
Section 7
7. Liability protections related to the right to read Section 8556 of that Act (20 U.S.C. 7946) is amended— by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; by inserting after subsection (a) the following: 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. in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c); 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 in subsection (f), as redesignated by paragraph (1)— in paragraph (1), by striking Nothing in this section and inserting Except with respect to subsection (b), nothing in this section; and in paragraph (2), by striking Nothing in this subpart and inserting Except with respect to subsection (b), nothing in this subpart. 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. (b)Liability protections related to the right To readNo 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.;
Section 8
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: 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— will protect the First Amendment rights of students in school libraries and will affirmatively further the right to receive information by— providing access to a variety of reading materials; recognizing that public schools prepare individuals for participation as citizens; recognizing that school boards have important and discretionary functions; acknowledging that among a school board’s functions is a role to play in determining the holdings of a school library; understanding the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; understanding that school boards must exercise their discretionary authority in a manner that comports with First Amendment protections and imperatives; and 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 will provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws. 8549D.Protecting constitutional rights in school librariesThe 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..
Section 9
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— will protect the First Amendment rights of students in school libraries and will affirmatively further the right to receive information by— providing access to a variety of reading materials; recognizing that public schools prepare individuals for participation as citizens; recognizing that school boards have important and discretionary functions; acknowledging that among a school board’s functions is a role to play in determining the holdings of a school library; understanding the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; understanding that school boards must exercise their discretionary authority in a manner that comports with First Amendment protections and imperatives; and 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 will provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws.