SEC. 2221
PURPOSES; DEFINITIONS
Section Summary
ESSA Update
``SEC. 2221. <<NOTE: 20 USC 6641.>> PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this subpart are--
``(1) to improve student academic achievement in reading and
writing by providing Federal support to States to develop,
revise, or update comprehensive literacy instruction plans that,
when implemented, ensure high-quality instruction and effective
strategies in reading and writing from early education through
grade 12; and
``(2) for States to provide targeted subgrants to early
childhood education programs and local educational agencies and
their public or private partners to implement evidence-based
programs that ensure high-quality comprehensive literacy
instruction for students most in need.
``(b) Definitions.--In this subpart:
``(1) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction that--
``(A) includes developmentally appropriate,
contextually explicit, and systematic instruction, and
frequent practice, in reading and writing across content
areas;
``(B) includes age-appropriate, explicit,
systematic, and intentional instruction in phonological
awareness, phonic decoding, vocabulary, language
structure, reading fluency, and reading comprehension;
``(C) includes age-appropriate, explicit instruction
in writing, including opportunities for children to
write with clear purposes, with critical reasoning
appropriate to the topic and purpose, and with specific
instruction and feedback from instructional staff;
``(D) makes available and uses diverse, high-quality
print materials that reflect the reading and development
levels, and interests, of children;
``(E) uses differentiated instructional approaches,
including individual and small group instruction and
discussion;
``(F) provides opportunities for children to use
language with peers and adults in order to develop
language skills, including developing vocabulary;
``(G) includes frequent practice of reading and
writing strategies;
``(H) uses age-appropriate, valid, and reliable
screening assessments, diagnostic assessments, formative
assessment processes, and summative assessments to
identify a child's learning needs, to inform
instruction, and to monitor the child's progress and the
effects of instruction;
``(I) uses strategies to enhance children's
motivation to read and write and children's engagement
in self-directed learning;
``(J) incorporates the principles of universal
design for learning;
``(K) depends on teachers' collaboration in
planning, instruction, and assessing a child's progress
and on continuous professional learning; and
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``(L) links literacy instruction to the challenging
State academic standards, including the ability to
navigate, understand, and write about, complex print and
digital subject matter.
``(2) Eligible entity.--The term `eligible entity' means an
entity that consists of--
``(A) one or more local educational agencies that
serve a high percentage of high-need schools and--
``(i) have the highest number or proportion of
children who are counted under section 1124(c), in
comparison to other local educational agencies in
the State;
``(ii) are among the local educational
agencies in the State with the highest number or
percentages of children reading or writing below
grade level, based on the most currently available
State academic assessment data under section
1111(b)(2); or
``(iii) serve a significant number or
percentage of schools that are implementing
comprehensive support and improvement activities
and targeted support and improvement activities
under section 1111(d);
``(B) one or more early childhood education programs
serving low-income or otherwise disadvantaged children,
which may include home-based literacy programs for
preschool-aged children, that have a demonstrated record
of providing comprehensive literacy instruction for the
age group such program proposes to serve; or
``(C) a local educational agency, described in
subparagraph (A), or consortium of such local
educational agencies, or an early childhood education
program, which may include home-based literacy programs
for preschool-aged children, acting in partnership with
1 or more public or private nonprofit organizations or
agencies (which may include early childhood education
programs) that have a demonstrated record of
effectiveness in--
``(i) improving literacy achievement of
children, consistent with the purposes of
participation under this subpart, from birth
through grade 12; and
``(ii) providing professional development in
comprehensive literacy instruction.
``(3) High-need school.--
``(A) In general.--The term `high-need school'
means--
``(i) an elementary school or middle school in
which not less than 50 percent of the enrolled
students are children from low-income families; or
``(ii) a high school in which not less than 40
percent of the enrolled students are children from
low-income families, which may be calculated using
comparable data from the schools that feed into
the high school.
``(B) Low-income family.--For purposes of
subparagraph (A), the term `low-income family' means a
family--
``(i) in which the children are eligible for a
free or reduced-price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751
et seq.);
``(ii) receiving assistance under the program
of block grants to States for temporary assistance
for needy families established under part A of
title IV
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of the Social Security Act (42 U.S.C. 601 et
seq.); or
``(iii) in which the children are eligible to
receive medical assistance under the Medicaid
program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
NCLB Text``Subpart 4--Accountability
``SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY. <<NOTE: 20 USC
6641.>>
``(a) Improvement Plan.--After the second year of the plan described
in section 1119(a)(2), if a State educational agency determines, based
on the reports described in section 1119(b)(1), that a local educational
agency in the State has failed to make progress toward meeting the
annual measurable objectives described in section 1119(a)(2), for 2
consecutive years, such local educational agency shall develop an
improvement plan that will enable the agency to meet such annual
measurable objectives and that specifically addresses issues that
prevented the agency from meeting such annual measurable objectives.
``(b) Technical Assistance.--During the development of the
improvement plan described in subsection (a) and throughout
implementation of the plan, the State educational agency shall--
``(1) provide technical assistance to the local educational
agency; and
``(2) provide technical assistance, if applicable, to
schools served by the local educational agency that need
assistance
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to enable the local educational agency to meet the annual
measurable objectives described in section 1119(a)(2).
``(c) <<NOTE: Contracts.>> Accountability.--After the third year of
the plan described in section 1119(a)(2), if the State educational
agency determines, based on the reports described in section 1119(b)(1),
that the local educational agency has failed to make progress toward
meeting the annual measurable objectives described in section
1119(a)(2), and has failed to make adequate yearly progress as described
under section 1111(b)(2)(B), for 3 consecutive years, the State
educational agency shall enter into an agreement with such local
educational agency on the use of that agency's funds under this part. As
part of this agreement, the State educational agency--
``(1) shall develop, in conjunction with the local
educational agency, teachers, and principals, professional
development strategies and activities, based on scientifically
based research, that the local educational agency will use to
meet the annual measurable objectives described in section
1119(a)(2) and require such agency to utilize such strategies
and activities; and
``(2)(A) except as provided in subparagraphs (B) and (C),
shall prohibit the use of funds received under part A of title I
to fund any paraprofessional hired after the date such
determination is made;
``(B) shall allow the use of such funds to fund a
paraprofessional hired after that date if the local educational
agency can demonstrate that the hiring is to fill a vacancy
created by the departure of another paraprofessional funded
under title I and such new paraprofessional satisfies the
requirements of section 1119(c); and
``(C) may allow the use of such funds to fund a
paraprofessional hired after that date if the local educational
agency can demonstrate--
``(i) that a significant influx of population has
substantially increased student enrollment; or
``(ii) that there is an increased need for
translators or assistance with parental involvement
activities.
``(d) Special Rule.--During the development of the strategies and
activities described in subsection (c)(1), the State educational agency
shall, in conjunction with the local educational agency, provide from
funds allocated to such local educational agency under subpart 2
directly to one or more schools served by such local educational agency,
to enable teachers at the schools to choose, with continuing
consultation with the principal involved, professional development
activities that--
``(1) meet the requirements for professional development
activities described in section 9101; and
``(2) are coordinated with other reform efforts at the
schools.
