S. 3365 — Right to Read Act of 2025

This section amends the definitions section of the Elementary and Secondary Education Act of 1965 (ESEA) (1) by redesignating specified paragraphs to accommodate new definitions; (2) by defining "effective school library" to include staffing by at least one full-time state-certified school librarian who serves as an instructional leader and supports digital and information literacy, plus adequate staffing and hours, curated materials and technology, facilities, training, collaboration, and professional standards; (3) by defining "information literacy" as the skills needed to find, retrieve, understand, evaluate, analyze, and use information in various formats; (4) by defining "right to read" as student access to evidence-based reading instruction, effective school libraries, family literacy support, diverse materials, home reading materials, and freedom to choose reading materials; and (5) by defining "teacher" to include a school librarian.

This section revises state plan requirements under Section 1111 of the ESEA (20 U.S.C. 6311) by (1) including school librarians among individuals qualified for peer-review teams evaluating state plans, (2) requiring assurances on preventing disproportionate enrollment of low-income students, minority students, students with disabilities, and English learners in schools lacking effective school libraries, including measures to evaluate and publicly report progress, and on supporting academic standards that include development of digital literacy and information literacy skills, and (3) requiring a statewide policy on the right to read with notifications to local educational agencies, Indian tribes and tribal organizations, schools, teachers, school librarians, principals, other school leaders, specialized support personnel, parents, and the public; and revises local plan requirements under Section 1112 (20 U.S.C. 6312) by (1) including school librarians in required consultations, (2) requiring descriptions of how the local educational agency will support effective school libraries through state-certified school librarians to ensure equitable student access, assist schools in developing such libraries to build digital and information literacy skills, and improve academic achievement, (3) requiring descriptions of policies protecting the right to read, and (4) allowing descriptions of other fund uses, such as serving gifted and talented students. (Title I-A grants aid education for disadvantaged students; state and local plans describe implementation strategies to meet academic standards.)

This section amends the authorizations of appropriations under Title II of the ESEA (20 U.S.C. 6603) by excluding subpart 2 (Literacy Education for All, Results for the Nation, or LEARN) from part B national activities funding and establishing new subsection (c) authorizing $500 million for FY2026 through FY2030 for comprehensive literacy state development grants (sec. 2222) and $100 million for the same period for innovative approaches to literacy grants (sec. 2226). (As background, LEARN programs provide competitive grants to states and eligible entities to improve literacy from birth through grade 12, including professional development, instructional materials, and assessments; thus, the change shifts these programs to direct appropriations from prior reservations under national activities.) The section further revises Title II formula grants to states (secs. 2101, 2103), reservations (sec. 2201), LEARN purposes and definitions (sec. 2221), comprehensive literacy grants (sec. 2222), birth-through-kindergarten subgrants (sec. 2223), and innovative literacy grants (sec. 2226) to emphasize support for effective school libraries and State-certified school librarians, including: (1) adding authorized activities for recruiting, hiring, retaining, and training librarians and staff; (2) promoting digital and information literacy, student inquiry, and capstone projects; (3) incorporating state library administrative agencies in grant administration and technical assistance; and (4) adding diverse print materials and school libraries to grant priorities.

This section (1) adds digital literacy and information literacy activities and programs, including those provided through effective school libraries, to the list of subjects and programs contributing to well-rounded educational experiences that states may support local educational agencies in providing under the Student Support and Academic Enrichment Grants program; and (2) adds programs and activities that promote the development of digital literacy and information literacy skills, including those provided through an effective school library, to the list of allowable well-rounded educational activities.

This section requires the Secretary of Education to direct the National Center for Education Statistics to collect data biennially on elementary school and secondary school libraries (as defined in the Elementary and Secondary Education Act of 1965). The data must include (1) in each state, the number and percentage of such schools with dedicated library facilities on school grounds and the square footage of each facility; (2) the number and percentage of those schools employing at least one full-time state-certified school librarian; and (3) for each such library, the number of state-certified school librarians and additional staff, the number and types of physical and virtual collections or databases, the number and types of student-use devices managed by library staff, the time state-certified school librarians spend planning with teachers and instructing students or providing professional development to teachers, and other information the Secretary deems pertinent to effective school libraries. The Secretary must submit a report to Congress with the data not later than one year after enactment and biennially thereafter. The section authorizes appropriations of such sums as necessary for each fiscal year.

This section establishes liability protections under new Section 8556(b) providing that no teacher, school librarian, school leader, paraprofessional, or other school staff shall be liable for harm caused by an act or omission carried out in conformity with state or local policies regarding the right to read. (As background, the subpart generally shields teachers from civil liability for certain school-related claims, preempts inconsistent state laws while preserving stronger state protections, and allows states to elect nonapplicability to state court actions via statute.) It excludes this new protection from state opt-out elections under Section 8555(b) (previously allowing full subpart nonapplicability to teacher claims in state courts) and from related preemption exceptions in Section 8556(c)(3) and (f), with conforming redesignations and cross-reference updates. (Thus, opting-out states remain subject to the new right-to-read protections.)

This section requires the Secretary of Education to obtain assurances from each state and local educational agency receiving funds under the Elementary and Secondary Education Act of 1965 (ESEA) that the agency (1) will protect students' First Amendment rights in school libraries—by providing access to a variety of reading materials; recognizing public schools' role in preparing citizens, school boards' discretionary functions in determining library holdings, and libraries as centers for voluntary inquiry and ideas; ensuring school boards exercise authority consistent with the First Amendment; and avoiding partisan, political, or prescriptive actions—and (2) will provide equal protection in school libraries under the Fourteenth Amendment and nondiscrimination laws.