Sec. 5. Program authorized
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From the amounts appropriated to carry out this Act for a fiscal year, the Secretary shall— reserve not more than a total of 4 percent of such amounts for the national evaluation and dissemination of information and technical assistance in accordance with section 11; reserve not more than 5 percent of such amounts to award planning grants, on a competitive basis, to State educational agencies serving States, in accordance with section 6; in the case of a fiscal year for which the amounts to carry out this Act are less than $500,000,000, use the amount not reserved under subparagraphs
(A)and
(B)to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 7 to enable the State educational agencies to carry out the activities described in section 7(a); and in the case of a fiscal year for which the amounts appropriated to carry out this Act are equal to or exceeding $500,000,000— reserve a total of 1 percent of such amount for— allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this Act; and the Secretary of the Interior for programs under sections 6 through 10 in schools operated or funded by the Bureau of Indian Education; and use the amount not reserved under clause
(i)and subparagraphs
(A)and
(B)to make awards, as described in paragraph (2), to State educational agencies serving States that have applications approved under section 7 to enable the State educational agencies to carry out the activities described in section 7(a). In each fiscal year described in paragraph (1)(D), the amount reserved under paragraph (1)(D)(i) shall be divided between the uses described in subclauses
(I)and
(II)of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(a) ) is divided between the uses described in paragraphs
(1)and
(2)of such section for such fiscal year. A State educational agency that receives an allotment under paragraph (1)(D)(ii) shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination and quality of activities designed to develop effective approaches to achieve the purposes of this Act consistent with the cultural, language, and educational needs of Indian children. The Secretary shall allot the amount made available under paragraph (1)(D)(ii) for a fiscal year among the States in proportion to the number of children, from birth through age 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all States for that fiscal year. No State educational agency receiving an award under this section for a fiscal year may receive less than one-fourth of 1 percent of the total amount appropriated to carry out this Act for the fiscal year. The Secretary shall convene a peer review panel to evaluate the applications for a grant under section 6 or 7 using the evaluation criteria described in paragraph (2). The Secretary shall report to Congress regarding the peer review process and evaluation criteria that shall be used to evaluate the grant applications under sections 6 or 7. A peer review panel convened under paragraph
(1)shall be composed of not less than 9 members, of whom— 3 shall be appointed by the Secretary; 3 shall be appointed by the Secretary from among individuals— recommended by the Chairman of the National Research Council of the National Academy of Sciences; and with expertise in comprehensive language and literacy instruction and strategies; and 3 shall be appointed by the Secretary from among individuals— recommended by the Director of the National Institute of Child Health and Human Development; and with expertise concerning literacy development in children from birth through grade 12. The peer review panel convened under paragraph
(1)may include— classroom teachers with expertise in literacy, and literacy coaches, including— special education teachers; teachers of children who are English learners; and early childhood educators; experts who provide high-quality professional development to teachers and other instructional staff to support children’s literacy development; experts in screening assessments, diagnostic assessments, formative assessment processes, or other assessments of children's literacy development; and experts in comprehensive literacy instruction and strategies in reading and writing, language development, and English language acquisition, as appropriate, including reading and writing in core academic subjects. Not later than 120 days after a peer review panel submits to the Secretary the panel's recommendation regarding an application by a State educational agency for a grant under section 6 or 7, the Secretary shall notify the State educational agency that the application has been approved or disapproved and shall provide to such State educational agency a copy of the peer review panel's recommendation. The Secretary shall ensure that each member of a peer review panel described in subsection
(b)does not stand to benefit financially from a grant or subgrant awarded under this Act. Each State educational agency that receives funding under this Act shall ensure that each member of a State literacy leadership team participating in a program or activity assisted under this Act does not stand to benefit financially from a grant or subgrant awarded under this Act. Award funds provided under this Act shall supplement, and not supplant, non-Federal funds that would, in the absence of such award funds, be made available for literacy instruction and support of children participating in programs assisted under this Act. Each State educational agency that receives a grant or allotment under this section, and each eligible entity that receives a subgrant under section 9 or 10, shall maintain for the fiscal year for which the grant or subgrant is received and for each subsequent fiscal year the expenditures of the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, respectively, for the fiscal year preceding such fiscal year for which the grant or subgrant is received.
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