Library / Laws / 113th / s / S. 1697 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1697
IN THE SENATE OF THE UNITED STATES
November 13, 2013Mr. Harkin (for himself, Mrs. Murray, Mr. Casey, Ms. Hirono, Mr. Murphy, Mr. Sanders, Ms. Baldwin, Ms. Warren, Mr. Coons, Mr. Kaine, Mrs. Gillibrand, Mr. Wyden, and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To support early learning.
1.
Short
title
This Act may be cited as
the Strong Start for America’s Children Act.
2.
Table of
contents
The table of contents
for this Act is as follows:
Sec. 1. Short title.Sec. 2. Table of contents.TITLE I—Prekindergarten access Subtitle A—Access to voluntary prekindergarten for low- and moderate-Income familiesSec. 111. Purposes.Sec. 112. Definitions.Sec. 113. Program authorization.Sec. 114. Allotments and reservations of funds.Sec. 115. State eligibility criteria.Sec. 116. State applications.Sec. 117. State use of funds.Sec. 118. Performance measures and targets.Sec. 119. Matching requirements.Sec. 120. Eligible local entity applications.Sec. 121. Required subgrant activities.Sec. 122. Report and evaluation.Sec. 123. Prohibition of required participation or use of funds for assessments.Sec. 124. Coordination with Head Start programs.Sec. 125. Technical assistance in program administration.Sec. 126. Authorization of appropriations.Subtitle B—Prekindergarten development grantsSec. 151. Prekindergarten development grants.TITLE II—Early learning quality partnerships Sec. 201. Purposes.Sec. 202. Early learning quality partnerships.TITLE III—Child careSec. 301. State plan.TITLE IV—Maternal, Infant, and Early Childhood Home Visiting programSec. 401. Sense of Senate.
I
Prekindergarten
Access
A
Access to voluntary prekindergarten for low- and moderate-Income families
111.
Purposes
The purposes of this subtitle are to—
(1) establish a
Federal-State partnership to provide access to high-quality public
prekindergarten programs for all children from low-income and moderate-income
families to ensure that they enter kindergarten prepared for success;
(2) broaden
participation in such programs to include children from additional middle-class
families; and
(3) promote access to
full-day kindergarten, and high-quality early childhood education programs and
settings for children.
112.
Definitions
In this subtitle:
(1)
Child with a disability
The term child with a
disability has the meaning given the term in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401).
(2)
Comprehensive
early learning assessment system
The term comprehensive
early learning assessment system—
(A) means a
coordinated and comprehensive system of multiple assessments, each of which is
valid and reliable for its specified purpose and for the population with which
it will be used, that organizes information about the process and context of
young children’s learning and development in order to help early childhood
educators make informed instructional and programmatic decisions and that
conforms to the recommendations of the National Research Council reports on
early childhood; and
(B) includes, at a
minimum—
(i) child screening
measures;
(ii) child formative
assessments;
(iii) measures of
environmental quality; and
(iv) measures of the
quality of adult-child interactions.
(3)
Dual language
learner
The term dual language learner means an
individual who is limited English proficient as defined in section 637 of the
Head Start Act (42 U.S.C. 9832).
(4)
Early childhood
education program
The term early childhood education
program has the meaning given the term under section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
(5)
Elementary school
The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6)
Eligibility
determination date
The term eligibility determination
date means the date used to determine eligibility for public elementary school in
the community in which the eligible local entity involved is located.
(7)
Eligible local
entity
The term eligible local entity means—
(A) a local
educational agency, including a charter school or a charter management
organization that acts as a local educational agency, or an educational service agency in partnership with a local educational agency;
(B) an entity that
carries out an early childhood education program; or
(C) a consortium of
entities described under subparagraph (A) or (B).
(8)
Full-day
The
term full-day means a day that is—
(A) equivalent to a
full school day at the public elementary schools in the State; and
(B) not less than 5
hours a day.
(9)
High-quality
prekindergarten program
The term high-quality
prekindergarten program means a prekindergarten program supported by an
eligible local entity that includes, at a minimum, the following elements based
on nationally recognized standards:
(A) Serves children
who—
(i) are
age 4 or children who are age 3 or 4, by the eligibility determination date
(including children who turn age 5 while attending the program); or
(ii) have attained
the legal age for State-funded prekindergarten.
(B) Requires high
staff qualifications, including a requirement that a prekindergarten teacher—
(i) has a bachelor's degree in early childhood education or a related field with coursework that demonstrates competence in early childhood education;
(ii)
(I) has a bachelor's degree in any field;
(II) has demonstrated knowledge of early childhood education through passage of a State-approved assessment in early childhood education;
(III) engages in on-going professional development in early childhood education for not less than 2 years; and
(IV) is enrolled in a State-approved educator preparation program in which the teacher receives on-going training and support in early childhood education and is making progress toward the completion of the program in not more than 3 years; or
(iii) has a bachelor’s degree in any field with a credential, license, or endorsement that demonstrates competence in early childhood education.
(C) Maintains a maximum class size of 20 children.
(D) Maintains a child
to instructional staff ratio that does not exceed 10 to 1.
(E) Offers a full-day
program.
(F) Provides
developmentally appropriate, evidence-based curricula and learning environments
that are aligned with the State’s early learning and development
standards.
(G) Offers
instructional staff salaries comparable to kindergarten through grade 12
teaching staff.
(H) Provides for
ongoing monitoring and program evaluation to ensure continuous
improvement.
(I) Offers accessible comprehensive services for children that—
(i) include, at a minimum—
(I) screenings for
vision, dental, health (including mental health), and development and
referrals, and assistance obtaining services, when appropriate;
(II) family
engagement opportunities (taking into account home language), such as parent conferences (including parent input
about their child’s development) and support services, such as parent
education;
(III) nutrition
services, including nutritious meals and snack options aligned with
requirements set by the most recent Child and Adult Care Food Program
guidelines promulgated by the Department of Agriculture as well as regular,
age-appropriate, nutrition education for children and their families;
(IV) programs
coordinated with local educational agencies and entities providing programs
authorized under section 619 and part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419 and 1431 et seq.);
(V) physical activity
programs aligned with evidence-based guidelines, such as those recommended by
the Institute of Medicine, and which take into account and accommodate children
with disabilities; and
(VI) additional
support services, as appropriate, based on the findings of the needs analysis
as described in section 120; and
(ii) are provided on-site.
(J) Provides
high-quality professional development for staff, including regular in-class observation for teachers and teacher assistants by individuals trained in observation.
(K) Meets the
education performance standards in effect under section 641A(a)(1)(B) of the
Head Start Act (42 U.S.C. 9836a(a)(1)(B)).
(L) Maintains evidence-based health and safety standards.
(10)
Homeless
child
The term homeless child means a child or youth
described in section 725(2) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2).
(11)
Institution of
higher education
The term institution of higher
education has the meaning given the term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).
(12)
Local
educational agency
The term local education agency
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(13)
Outlying
area
The term outlying area means each of the United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Republic of Palau.
(14)
Poverty
line
The term poverty line means the official poverty line (as defined by the Office of Management and Budget)—
(A) adjusted to reflect the percentage change in the Consumer Price Index for all consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and
(B) adjusted for family size.
(15)
Secretary
The
term Secretary means the Secretary of Education.
(16)
State
Except
as otherwise provided in this subtitle, the term State means each
of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico,
and each of the outlying areas.
(17)
State advisory
council on early childhood education and care
The term
State Advisory Council on Early Childhood Education and Care means
the State Advisory Council on Early Childhood Education and Care established
under section 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)).
113.
Program
authorization
(a)
In general
From amounts
made available to carry out this subtitle, the Secretary, in consultation with
the Secretary of Health and Human Services, shall award grants to States to
implement high-quality prekindergarten programs, consistent with the purposes
of this subtitle. For each fiscal year, the funds provided under the grant
shall equal the allotment determined for the State under section 114.
(b)
Prekindergarten for 3-Year-Olds
(1)
In general
Each State that certifies to the Secretary that it provides access to universally available, voluntary, high-quality prekindergarten programs for 4-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line, may use the State’s allotment under section 114(b) to provide high-quality prekindergarten programs for 3-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line.
(2)
Subgrants
In each State that has a city, county, or local educational agency that provides universally available, voluntary, high-quality prekindergarten programs for 4-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line, the State may use amounts from the State’s allotment under section 114(b) to award subgrants to eligible local entities to enable such entities to provide high-quality prekindergarten programs for 3-year-old children who are from families with incomes at or below 200 percent of the poverty line and who reside in such city, county, or local educational agency without diminishing access to 4-year-old children in other parts of the States.
114.
Allotments and
reservations of funds
(a)
Reservation
From
the amount made available each fiscal year to carry out this subtitle, the
Secretary shall—
(1) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n));
(2) reserve
1/2 of 1 percent for the outlying areas to be distributed
among the outlying areas on the basis of their relative need, as determined by
the Secretary in accordance with the purposes of this subtitle;
(3) reserve not more than 1/2 of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor; and
(4) reserve not more
than 1 percent or $30,000,000, whichever amount is less, for national
activities, including administration, technical assistance, and
evaluation.
(b)
Allotments
(1)
In
general
From the amount made available each fiscal year to carry
out this subtitle and not reserved under subsection (a), the Secretary shall
make allotments to States in accordance with paragraph (2) that have submitted
an approved application.
(2)
Allotment
amount
(A)
In
general
Subject to subparagraph (B), the Secretary shall allot
the amount made available under paragraph (1) for a fiscal year among the
States in proportion to the number of children who are age 4 who reside
within the State and are from families with incomes at or below 200 percent of
the poverty line for the most recent year for which satisfactory data are
available, compared to the number of such children who reside in all such
States for that fiscal year.
(B)
Minimum
allotment amount
No State receiving an allotment under
subparagraph (A) may receive less than 1/2 of 1 percent of
the total amount allotted under such subparagraph.
(3)
Reallotment and carry over
(A)
In general
If one or more States does not receive an allotment under this subsection for any fiscal year, the Secretary may use the amount of the allotments for such State or States for either or both of the following, in such amounts as the Secretary determines appropriate:
(i) To increase the allotments of States with approved applications, consistent with subparagraph (B).
(ii) To carry over the funds to the next fiscal year.
(B)
Reallotment
From the total amount available under subparagraph (A)(i), if any, the Secretary shall allot to each State with an approved application an amount that bears the same relationship to that total amount, as the amount the State received under paragraph (2) for that fiscal year bears to the amount that all States received under paragraph (2) for that fiscal year.
(4)
State
For
purposes of this subsection, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(c)
Flexibility
The
Secretary may make minimal adjustments to allotments under this subsection,
which shall neither lead to a significant increase or decrease in a State’s
allotment determined under subsection (b), based on a set of factors, such as
the level of program participation and the estimated cost of the activities
specified in the State plan.
115.
State
eligibility criteria
A State
is eligible to receive a grant under this subtitle if the State demonstrates
that the State—
(1) has established, or will establish,
early learning and development standards that describe what children from birth
to kindergarten entry should know and be able to do, are universally designed
and developmentally, culturally, and linguistically appropriate, are aligned
with the State's challenging academic content standards and challenging student
academic achievement standards, as adopted under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)), and
cover the essential domains of school readiness, which address—
(A) physical
well-being and motor development;
(B) social and
emotional development;
(C) approaches to
learning, including creative arts expression;
(D) developmentally
appropriate oral and written language and literacy development; and
(E) cognition and
general knowledge, including early mathematics and early scientific
development;
(2) has the ability,
or will develop the ability, to link prekindergarten data with its elementary school and secondary school
data for the purpose of collecting longitudinal information, including through the use of a unique State-assigned student identifier number, for all children
participating in the State’s high-quality prekindergarten program and any other
federally funded early childhood program;
(3) offers
State-funded kindergarten for children who are eligible children for that
service in the State; and
(4) has established a
State Advisory Council on Early Childhood Education and Care.
116.
State
applications
(a)
In
general
The Governor, or chief executive officer, of a State that desires to receive a grant under this
subtitle shall submit an application, in consultation with Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)), if there are tribes and organizations in the State, to the Secretary at such time, in such
manner, and containing such information as the Secretary may reasonably
require. At a minimum, each such application shall include—
(1) an assurance that
the State—
(A) will coordinate
with and continue to participate in the programs authorized under section 619
and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419
and 1431 et seq.), the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), and the maternal, infant, and early childhood home
visiting programs funded under section 511 of the Social Security Act (42
U.S.C. 711) for the duration of the grant;
(B) will designate a
State-level entity, selected by the Governor or chief executive officer of the State, such as an agency or joint interagency office, for the
administration of the grant, which shall coordinate and consult with the State
educational agency if the entity is not the State educational agency;
and
(C) will establish,
or certify the existence of, program standards for all State prekindergarten
programs consistent with the definition of a high-quality prekindergarten
program under section 112; and
(2) a description
of—
(A) how the State
will use funds received under this subtitle and the State's matching funds to
provide high-quality prekindergarten programs with open enrollment for all children in the State who—
(i) are
described in section 112(9)(A); and
(ii) are from
families with incomes at or below 200 percent of the poverty line;
(B) how the State
plans to develop or enhance a system for monitoring eligible local entities
that are receiving funds under this subtitle for compliance with quality
standards developed by the State and to provide program improvement support,
which may be accomplished through the use of a State-developed system for
quality rating and improvement;
(C) the State’s plan,
if applicable, to expand participation in the State's high-quality
prekindergarten programs to children from families with incomes above 200
percent of the poverty line;
(D) the State’s
comprehensive early learning assessment system, or how the State plans to
develop such a system, ensuring that any assessments are culturally,
developmentally, and age-appropriate and consistent with the recommendations
from the study on Developmental Outcomes and Assessments for Young Children by
the National Academy of Sciences, consistent with section 649(j) of the Head
Start Act (42 U.S.C. 9844);
(E) the State’s plan
to develop, implement, and make publically available the measures and targets described in section
118;
(F) the State’s plan
to increase the number of teachers with bachelor’s degrees in early childhood
education, or with bachelor’s degrees in another closely related field and
specialized training in early childhood education, including how higher
education will support increasing the number of teachers with such degrees and
training, including through the use of assessments of prior learning,
knowledge, and skills to facilitate and expedite attainment of such
degrees;
(G) how activities
funded under this subtitle will be coordinated and integrated with Federal,
State, and local services and programs that support early childhood education
and care, including programs supported under this subtitle, the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), the Head Start Act (42
U.S.C. 9831 et seq.), the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.), the temporary assistance for needy families program under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State
incentive grant program under section 14006 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5), Federally funded early literacy
programs, the maternal, infant, and early childhood home visiting programs
funded under section 511 of the Social Security Act (42 U.S.C. 711), health
improvements to child care funded under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.), the program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), the Investing
In Innovation program under section 14007 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5), programs authorized under part E
of title IV of the Social Security Act (42 U.S.C. 670 et seq.), the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public Law
110–351), and any other Federal, State, or local early childhood education
programs used in the State;
(H) how the State will award subgrants to eligible local entities, and in awarding such subgrants, will facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and will consider the system’s impact on options for families;
(I) if the State does
not have a funding mechanism for subgranting funds to implement high-quality
prekindergarten, how the State will use objective criteria in awarding
subgrants to eligible local entities that will implement high-quality
prekindergarten programs, including actions it will take to ensure that
eligible local entities will coordinate with local educational agencies or
other early learning providers, as appropriate, to carry out activities to
provide children served under this subtitle with a successful transition from
preschool into kindergarten, which activities shall include—
(i) aligning
curricular objectives and instruction;
(ii) providing staff
professional development, including opportunities for joint-professional
development on early learning and kindergarten through grade 3 standards,
assessments, and curricula;
(iii) coordinating
family engagement and support services; and
(iv) encouraging the
shared use of facilities and transportation, as appropriate;
(J) how the State
early learning and development standards described under section 115(1) will
address the needs of dual language learners, including by incorporating
benchmarks related to English language development;
(K) the process by
which the State will identify barriers, and propose solutions to overcome such
barriers, which may include seeking assistance under section 125, in the State
to effectively use and integrate Federal, State, and local public funds and
private funds for early childhood education that are available to the State on
the date on which the application is submitted;
(L) the State’s plan
to support articulation agreements between public 2-year and public 4-year
institutions of higher education in the State for early childhood teacher preparation programs and related fields;
(M) an inventory of
the State’s higher education programs that prepare individuals for work in a
high-quality prekindergarten program, including—
(i) certification
programs;
(ii) associate degree
programs;
(iii) baccalaureate
degree programs;
(iv) masters degree
programs; and
(v) other programs
that lead to a specialization in early childhood education, or a related
field;
(N) the State’s plan
for ensuring that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten
programs;
(O) the State’s plan
for supporting workforce development, including State and local policies that
support prekindergarten instructional staff’s ability to earn a degree,
certification, or other specializations or qualifications, including policies
on leave, substitutes, and child care services, including non-traditional hour
child care;
(P) the State’s plan
for holding eligible local entities accountable for use of funds;
(Q) the State’s
process to ensure that the State's early learning and development standards are
integrated into the instructional and programmatic practices of high-quality
prekindergarten programs and related programs and services, such as those
provided to children under section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.);
(R) if the State
funds full-day kindergarten programs, but such full-day kindergarten programs
are not available to all children who are eligible to attend such programs in
the State, how the State plans to increase the number of children in the State
who are enrolled in full-day kindergarten programs and a strategy to implement
such a plan;
(S) if the State does
not fund full-day kindergarten programs, a description of how the State plans
to establish such programs to strengthen the educational continuum for children
who will be involved in the State’s high-quality prekindergarten program
supported through grants authorized under this subtitle;
(T) how the State
will coordinate the State's activities supported by grants under this subtitle
with activities in State plans required under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), the Head Start Act (42
U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.), and the Adult Education and Family Literacy Act (20
U.S.C. 9201 et seq.);
(U) how the State
will encourage eligible local entities to coordinate with community-based
learning resources, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks
and recreation programs, museums, nutrition education programs, and programs
supported by the Corporation for National and Community Service;
(V) how the State
will work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality
prekindergarten programs have sufficient facilities to meet the needs of
children eligible for prekindergarten;
(W) how the State
will support local early childhood coordinating entities, such as local early
childhood councils, if applicable, and help such entities to coordinate early
childhood education programs with high-quality prekindergarten programs to
ensure effective and efficient delivery of early childhood education program
services;
(X) how the State
will ensure that the provision of high-quality prekindergarten programs will
not lead to a diminution of services for infants and toddlers or disrupt the
care of infants and toddlers in the geographic area served by the eligible
local entity, which may include demonstrating that the State will direct funds
to provide high-quality early childhood education and care to infants and
toddlers in accordance with section 117(d); and
(Y) how the State
will ensure that all high-quality prekindergarten programs the State supports
under this Act will conduct criminal history background checks on employees and
applicants for employment with direct access to children.
(b)
Criminal
history background checks
(1)
In
general
The criminal history background checks required under
subsection (a)(2)(Y) shall include—
(A) a search of the
State criminal registry or repository in the State in which the employee
resides and previously resided;
(B) a search of the
State-based child abuse and neglect registries and databases in the State in
which the employee resides and previously resided;
(C) a Federal Bureau
of Investigation fingerprint check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the
National Sex Offender Registry established under section 119 of the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16919).
(2)
Prohibition of
employment
To be eligible to receive a grant under this subtitle,
a State shall prohibit an individual with direct access to children from
employment with a program supported with grant funds under this subtitle if the
individual has been convicted of a violent felony or any violent or sexual
crime against a minor, as defined by the State.
(3)
Updated
checks
The criminal history background check that employees undergo as required
under subsection (a)(2)(Y) shall be periodically repeated or updated in accordance with
State law.
(4)
Appeal
process
To be eligible to receive a grant under this subtitle, a
State shall provide an individual with a timely process by which to—
(A) appeal the
results of a criminal history background check conducted under this section to
challenge the accuracy or completeness of the information produced by such
background check; and
(B) seek appropriate
relief for any final employment decision based on materially inaccurate or
incomplete information produced by such background check.
(c)
Development of
application
In developing an application for a grant under this
subtitle, a State shall consult with the State Advisory Council on Early
Childhood Education and Care and incorporate such Council’s recommendations,
where applicable.
(d)
Construction
Nothing
in this section shall be construed to alter or otherwise affect the rights,
remedies, and procedures afforded school employees, school district employees,
and the employees of early childhood education programs under Federal, State,
or local laws (including applicable regulations or court orders) or under the
terms of collective bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
117.
State use of
funds
(a)
Reservation for
quality improvement activities
(1)
In
general
A State that receives a grant under this subtitle may
reserve, for not more than the first 4 years such State receives such a grant, not more than
20 percent of the grant funds for quality improvement activities if such
activities support the elements of high-quality prekindergarten programs. Such
quality improvement activities may include supporting teachers and principals in a State’s
high-quality prekindergarten program, licensed or regulated child care, or Head
Start programs to enable such teachers to earn a baccalaureate degree in early
childhood education, or closely related field, through activities which may
include—
(A) expanding or
establishing scholarships, counseling, and compensation initiatives to cover
the cost of tuition, fees, materials, transportation, and release time for such
teachers; and
(B) providing ongoing professional development opportunities, including regular in-class observation by individuals trained in observation, for such teachers, principals, if applicable, and teacher assistants to enable such teachers, principals, if applicable, and teacher assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address—
(i) promoting
children’s development across the essential domains of early learning and
development;
(ii) developmentally
appropriate teacher-child interaction;
(iii) effective
family engagement;
(iv) providing
culturally competent instruction;
(v) working with a
diversity of children and families, including children with special needs and
dual language learners; and
(vi) childhood
nutrition and physical education programs.
(2)
Not subject to
matching
The amount reserved under paragraph (1) shall not be
subject to the matching requirements under section 119.
(3)
Coordination
A
State that reserves an amount under paragraph (1) shall coordinate the use of
such amount with activities funded under section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the Head Start Act (42 U.S.C. 9831 et seq.).
(4)
Construction
A
State may not use funds reserved under this subsection to meet the requirement
described in section 112(9)(G).
(b)
Subgrants for
high-Quality prekindergarten programs
A State that receives a
grant under this subtitle shall award subgrants of sufficient size to eligible
local entities to enable such eligible local entities to implement high-quality
prekindergarten programs for children described in section 112(9)(A) who reside within the State and are from families with incomes at or below 200 percent of the poverty line.
(c)
Administration
A
State that receives a grant under this subtitle may reserve not more than 1
percent of the grant funds for administration of the grant, and may use part of
that reservation for the maintenance of the State Advisory Council on Early
Childhood Education and Care.
(d)
Early childhood
education and care programs for infants and toddlers
(1)
Use of
allotment for infants and toddlers
An eligible State may apply to
use, and the appropriate Secretary may grant permission for the State to use,
not more than 15 percent of the funds made available through a grant received
under this subtitle to award subgrants to early childhood education programs to
provide high-quality early childhood education and care, consistent with the State’s early learning and development guidelines for infants and toddlers, to infants and toddlers
who reside within the State and are from families with incomes at or below 200
percent of the poverty line.
(2)
Application
To
be eligible to use the grant funds as described in paragraph (1), the State
shall submit an application to the appropriate Secretary at such time, in such
manner, and containing such information as the Secretary may require. Such
application shall, at a minimum, include a description of how the State
will—
(A) designate a lead
agency which shall administer such funds;
(B) ensure that such
lead agency, in coordination with the State Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs
supported under this subsection for infants and toddlers in order to obtain
input about the appropriate use of such funds and ensure coordination with
programs for infants and toddlers funded under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Head Start Act (42 U.S.C.
9831 et seq.) (including any early learning quality partnerships established under section 645B of the Head Start Act), the Race to the Top and Early Learning Challenge program under
section 14006 of Public Law 111–5 (123 Stat. 283), the maternal, infant, and
early childhood home visiting programs funded under section 511 of the Social
Security Act (42 U.S.C. 711), and part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.);
(C) ensure that
infants and toddlers who benefit from amounts made available under this
subsection will transition to and have the opportunity to participate in a
high-quality prekindergarten program supported under this subtitle;
(D) in awarding
subgrants, give preference to early childhood education programs that have a
plan to increase services to children with special needs, including children
with developmental delays or disabilities, children who are dual language
learners, homeless children, children who are in foster care, children of
migrant families, children eligible for nutrition assistance under the United
States Department of Agriculture’s Food and Nutrition Service, or children in
the child welfare system; and
(E) give priority to
activities carried out under this subsection that will increase access to
high-quality early childhood education programs for infants and toddlers in
local areas with significant concentrations of low-income families that do not
currently benefit from such programs.
(3)
Eligible
providers
A State may use the grant funds as described in
paragraph (1) to serve infants and toddlers only by working with early
childhood education program providers that—
(A) offer full-day,
full-year care, or otherwise meet the needs of working families; and
(B) meet high-quality
standards, such as—
(i) Early Head Start
program performance standards under the Head Start Act (42 U.S.C. 9831 et
seq.); or
(ii) high quality,
demonstrated, valid, and reliable program standards that have been established
through a national entity that accredits early childhood education
programs.
(4)
Federal
administration
(A)
In
general
The Secretary of Education shall bear responsibility for
obligating and disbursing funds to support activities under this subsection and
ensuring compliance with applicable laws and administrative requirements,
subject to paragraph (3).
(B)
Interagency
agreement
The Secretary of Education and the Secretary of Health
and Human Services shall jointly administer activities supported under this
subsection on such terms as such Secretaries shall set forth in an interagency
agreement. The Secretary of Health and Human Services shall be responsible for
any final approval of a State's application under this subsection that
addresses the use of funds designated for services to infants and
toddlers.
(C)
Appropriate
secretary
In this subsection, the term appropriate
Secretary used with respect to a function, means the Secretary
designated for that function under the interagency agreement.
118.
Performance
measures and targets
(a)
In
general
A State that receives
a grant under this subtitle shall develop, implement, and make publically available performance measures and targets for the activities carried out with grant funds. Such measures
shall, at a minimum, track the State’s progress in—
(1) increasing school
readiness across all domains for all categories of children described in section 122(b)(7), including children
with disabilities and dual language learners;
(2) narrowing school
readiness gaps between minority and nonminority children, and low-income
children and more advantaged children, in preparation for kindergarten
entry;
(3) decreasing
placement for children in elementary schools in special education programs and services as described in part B of
the Individuals with Disabilities Education Act (20 U.S.C. 1411 et
seq.);
(4) increasing the
number of programs meeting the criteria for high-quality prekindergarten
programs, as defined by the State and in accordance with section 112;
(5) decreasing the
need for grade to grade retention in elementary school;
(6) if applicable,
ensuring that high-quality prekindergarten programs do not experience instances
of chronic absence among the children who participate in such programs;
(7) increasing the
number and percentage of low-income children in high-quality early childhood
education programs that receive financial support through funds provided under
this subtitle; and
(8) providing
high-quality nutrition services, nutrition education, physical activity, and
obesity prevention programs.
(b)
Prohibition of
misdiagnosis practices
A State shall not, in order to meet the
performance measures and targets described in subsection (a), engage in
practices or policies that will lead to the misdiagnosis or under-diagnosis of
disabilities or developmental delays among children who are served through
programs supported under this subtitle.
119.
Matching
requirements
(a)
Matching
funds
(1)
In
general
Except as provided in paragraph (2), a State that
receives a grant under this subtitle shall provide matching funds from
non-Federal sources, as described in subsection (c), in an amount equal
to—
(A) 10 percent of the
Federal funds provided under the grant in the first year of grant
administration;
(B) 10 percent of the
Federal funds provided under the grant in the second year of grant
administration;
(C) 20 percent of the
Federal funds provided under the grant in the third year of grant
administration;
(D) 30 percent of the
Federal funds provided under the grant in the fourth year of grant
administration;
(E) 40 percent of the
Federal funds provided under the grant in the fifth year of grant
administration;
(F) 50 percent of the
Federal funds provided under the grant in the sixth year of grant
administration;
(G) 75 percent of the
Federal funds provided under the grant in the seventh year of grant
administration; and
(H) 100 percent of
the Federal funds provided under the grant in the eighth and following years of
grant administration.
(2)
Reduced match
rate
A State that meets the requirements under subsection (b) may
provide matching funds from non-Federal sources at a reduced rate. The full
reduced matching funds rate shall be in an amount equal to—
(A) 5 percent of the
Federal funds provided under the grant in the first year of grant
administration;
(B) 5 percent of the
Federal funds provided under the grant in the second year of grant
administration;
(C) 10 percent of the
Federal funds provided under the grant in the third year of grant
administration;
(D) 20 percent of the
Federal funds provided under the grant in the fourth year of grant
administration;
(E) 30 percent of the
Federal funds provided under the grant in the fifth year of grant
administration;
(F) 40 percent of the
Federal funds provided under the grant in the sixth year of grant
administration;
(G) 50 percent of the
Federal funds provided under the grant in the seventh year of grant
administration;
(H) 75 percent of the
Federal funds provided under the grant in the eighth year of grant
administration; and
(I) 100 percent of
the Federal funds provided under the grant in the ninth and following years of
the grant administration.
(b)
Reduced match
rate eligibility
A State that receives a grant under this
subtitle may provide matching funds from non-Federal sources at the full
reduced rate under subsection (a)(2) if the State—
(1)
(A) offers enrollment in
high-quality prekindergarten programs to not less than half of children in the
State who are—
(i) age 4 on the eligibility
determination date; and
(ii) from families with incomes at or
below 200 percent of the poverty line; and
(B) has a plan for continuing to expand
access to high-quality prekindergarten programs for such children in the State;
and
(2) has a plan to
expand access to high-quality prekindergarten programs to children from
moderate income families whose income exceeds 200 percent of the poverty
line.
(c)
Non-Federal
Resources
(1)
In
cash
A State shall provide the matching funds under this section
in cash.
(2)
Funds to be
considered as matching funds
A State may include, as part of the
State's matching funds under this section, not more than 10 percent of the
amount of State funds designated for State prekindergarten programs or to
supplement Head Start programs under the Head Start Act (42 U.S.C. 9831 et
seq.) as of the date of enactment of this Act, but may not include any funds
that are attributed as matching funds, as part of a non-Federal share, or as a
maintenance of effort requirement, for any other Federal program.
(d)
Maintenance of
Effort
(1)
In
general
If a State reduces its combined fiscal effort per student
or the aggregate expenditures within the State to support early childhood
education programs for any fiscal year that a State receives a grant authorized
under this subtitle relative to the previous fiscal year, the Secretary shall
reduce support for such State under this subtitle by the same amount as the
decline in State and local effort for such fiscal year.
(2)
Waiver
The
Secretary may waive the requirements of paragraph (1) if the Secretary
determines that a waiver would be appropriate—
(A) due to a precipitous decline in
the financial resources of a State as a result of unforeseen economic hardship
or a natural disaster that has necessitated across-the-board reductions in
State services, including early childhood education programs; or
(B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action.
(e)
Supplement not
supplant
Grant funds received under this title shall be used to
supplement and not supplant other Federal, State, and local public funds
expended on public prekindergarten programs in the State.
120.
Eligible local
entity applications
(a)
In
general
An eligible local entity desiring to receive a subgrant
under section 117(b) shall submit an application to the State, at such time, in
such manner, and containing such information as the State may reasonably
require.
(b)
Contents
Each
application submitted under subsection (a) shall include the following:
(1)
Parent and
family engagement
A description of how the eligible local entity
plans to engage the parents and families of the children such entity serves and
ensure that parents and families of eligible children are aware of the services
provided by the eligible local entity, which shall include a plan to—
(A) carry out
meaningful parent and family engagement, through the implementation and
replication of evidence-based or promising practices and strategies, which
shall be coordinated with parent and family engagement strategies supported
under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)
and part A of title I and title V of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq. and 7201 et seq.), if applicable, in order
to—
(i) provide parents
and family members with the skills and opportunities necessary to become full
partners in their children’s education, particularly the families of dual
language learners and children with disabilities;
(ii) improve child
development; and
(iii) strengthen
relationships among prekindergarten staff and parents and family members;
and
(B) perform community
outreach to encourage families with eligible children to participate in the
eligible local entity's high-quality prekindergarten program, including—
(i) homeless
children;
(ii) dual language
learners;
(iii) children in
foster care;
(iv) children with
disabilities; and
(v) migrant
children.
(2)
Coordination
and alignment
A description of how the eligible local entity
will—
(A) coordinate, if applicable, the
eligible local entity's activities with—
(i) Head Start
agencies (consistent with section 642(e)(5) of the Head Start Act (42 U.S.C.
9837(e)(5))), if the local entity is not a Head Start agency;
(ii) local
educational agencies, if the local entity is not a local educational
agency;
(iii) providers of
services under part C of the Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.);
(iv) programs carried
out under section 619 of the Individuals with Disabilities Education Act (20
U.S.C. 1419); and
(v) if
feasible, other entities carrying out early childhood education programs and
services within the area served by the local educational agency.
(B) if applicable,
develop and implement a systematic procedure for transferring, with parental
consent, early childhood education program records for each participating child
to the school in which such child will enroll in kindergarten;
(C) develop a plan with local elementary schools to
promote continuity of developmentally appropriate instructional programs and
shared expectations for children’s learning and development as children
transition to kindergarten;
(D) organize, if feasible, and
participate in joint training, when available, including transition-related training for school
staff and early childhood education program staff;
(E) establish
comprehensive transition policies and procedures with elementary school principals, as applicable, for children served by the eligible local entity that support the school
readiness of children transitioning to kindergarten;
(F) conduct outreach
to parents, families, and elementary school teachers and principals to discuss the
educational, developmental, and other needs of children entering
kindergarten;
(G) help parents,
including parents of children who are dual language learners, understand and
engage with the instructional and other services provided by the kindergarten
in which such child will enroll after participation in a high-quality
prekindergarten program; and
(H) develop and
implement a system to increase program participation of underserved populations
of eligible children, especially homeless children, children eligible for a
free or reduced price lunch under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), parents of children who are dual language
learners, and parents of children with disabilities.
(3)
Protections for
special populations
A description of how the eligible local
entity will meet the diverse needs of children in the community to be served,
including children with disabilities, children whose native language is not
English, children with other special needs, children in the State foster care
system, and homeless children. Such description shall demonstrate, at a
minimum, how the entity plans to—
(A) ensure the
eligible local entity's high-quality prekindergarten program is accessible and
appropriate for children with disabilities and dual language learners;
(B) establish
effective procedures for providing necessary early intervening services
to children with disabilities prior to an eligibility determination by the
State or local agency responsible for providing services under section 619 or
part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and
1431 et seq.);
(C) establish
effective procedures for timely referral of children with disabilities to the
State or local agency described in subparagraph (B);
(D) ensure that the
eligible local entity’s high-quality prekindergarten program works with appropriate entities to address the elimination of barriers to immediate and continuous enrollment for homeless children;
and
(E) ensure access to
and continuity of enrollment in high-quality prekindergarten programs for
migratory children, as defined under section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399), if applicable, and homeless children,
including through policies and procedures that require—
(i) outreach to
identify migratory and homeless children;
(ii) immediate
enrollment, including enrollment during the period of time when documents
typically required for enrollment, including health and immunization records,
proof of eligibility, and other documents, are obtained;
(iii) continuous
enrollment and participation in the same high-quality prekindergarten program
for a child, even if the child moves out of the program’s service area, if that
enrollment and participation are in the child’s best interest, including by
providing transportation when necessary;
(iv) professional
development for high-quality prekindergarten program staff regarding migratory
children and homelessness among families with young children; and
(v) in
serving homeless children, collaboration with local educational agency liaisons
designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless service
providers.
(4)
On-site
comprehensive services
A description of how the eligible local
entity plans to provide on-site comprehensive services, as described in section
112(9)(I) to the children the eligible local entity serves. Such description
shall provide information on how the entity will—
(A) use a recently conducted data-driven assessment or conduct a
data-driven community assessment in coordination with members of the community,
including parents and community organizations, which—
(i) may
involve an external partner with expertise in conducting such needs analysis,
to determine the most appropriate social or other support services to offer
through the eligible local entity's on-site comprehensive services to children
who participate in high-quality prekindergarten programs; and
(ii) shall consider
the resources available at the school, local educational agency, and community
levels to address the needs of the community and improve child outcomes;
and
(B) have a
coordinated system to facilitate the screening, referral, and provision of
services related to health, nutrition, mental health, disability, and family
support for children served by the eligible local entity.
(5)
Workforce
A
description of how the eligible local entity plans to support the instructional
staff of such entity's high-quality prekindergarten program, which shall, at a
minimum, include a plan to provide high-quality professional development, or
facilitate the provision of high-quality professional development through an
outside partner with expertise and a demonstrated track record of success,
based on scientifically valid research, that will improve the knowledge and
skills of high-quality prekindergarten teachers and staff through activities,
which may include—
(A) acquiring content
knowledge and learning teaching strategies needed to provide effective
instruction that addresses the State’s early learning and development standards
described under section 115(1);
(B) enabling
high-quality prekindergarten teachers and staff to pursue specialized training
in early childhood development;
(C) enabling
high-quality prekindergarten teachers and staff to acquire the knowledge and
skills to provide instruction and appropriate language and support services to
increase the English language skills of dual language learners;
(D) enabling
high-quality prekindergarten teachers and staff to acquire the knowledge and
skills to provide developmentally appropriate instruction for children with
disabilities;
(E) promoting
classroom management;
(F) providing
high-quality induction and support for incoming teachers and staff serving high-quality prekindergarten
programs, including through the use of mentoring programs that have a
demonstrated track record of success;
(G) promoting the
acquisition of relevant credentials, including in ways that support career
advancement through career ladders; and
(H) enabling
high-quality prekindergarten teachers and staff to acquire the knowledge and
skills to provide culturally competent instruction for children from diverse
backgrounds.
121.
Required
subgrant activities
(a)
In
general
An eligible local entity that receives a subgrant under
section 117(b) shall use the subgrant funds to implement the elements of a
high-quality prekindergarten program for the children described in section 117(b).
(b)
Coordination
(1)
Local
educational agency partnerships with local early childhood education
programs
A local educational agency that receives a subgrant
under this subtitle shall provide an assurance that the local educational
agency will enter into strong partnerships with local early childhood education
programs, including programs supported through the Head Start Act (42 U.S.C.
9831 et seq.).
(2)
Eligible local
entities that are not local educational agencies
An eligible
local entity that is not a local educational agency that receives a subgrant
under this subtitle shall provide an assurance that such entity will enter into
strong partnerships with local educational agencies.
122.
Report and
evaluation
(a)
In
general
Each State that receives a grant under this subtitle
shall prepare an annual report, in such manner and containing such information
as the Secretary may reasonably require.
(b)
Contents
A
report prepared under subsection (a) shall contain, at a minimum—
(1) a description of
the manner in which the State has used the funds made available through the
grant and a report of the expenditures made with the funds;
(2) a summary of the
State’s progress toward providing access to high-quality prekindergarten
programs for children eligible for such services, as determined by the State,
from families with incomes at or below 200 percent of the poverty line,
including the percentage of funds spent on children from families with
incomes—
(A) at or below 100
percent of the poverty line;
(B) at or below
between 101 and 150 percent of the poverty line; and
(C) at or below
between 151 and 200 percent of the poverty line;
(3) an evaluation of
the State’s progress toward achieving the State’s performance targets,
described in section 118;
(4) data on the
number of high-quality prekindergarten program teachers and staff in the State,
including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools, according to the setting in which such teachers and staff work (which settings
shall include, at a minimum, Head Start programs, public prekindergarten, and
child care programs) who received training or education during the period of the grant and remained in the early childhood
education program field;
(5) data on the
kindergarten readiness of children in the State;
(6) a description of
the State’s progress in overcoming barriers to the effective use of Federal,
State, and local public funds and private funds, for early childhood
education;
(7) the number and
percentage of children in the State participating in high-quality
prekindergarten programs, disaggregated by race, ethnicity, family income, child age,
disability, whether the children are homeless children, and whether the
children are dual language learners;
(8) data on the
availability, affordability, and quality of infant and toddler care in the
State;
(9) the number of
operational minutes per week and per year for each eligible local entity that
receives a subgrant;
(10) the local educational agency and zip code in which each eligible local entity that receives a
subgrant operates;
(11) information, for
each of the local educational agencies described in paragraph (10), on the percentage of the
costs of the public early childhood education programs that is funded from
Federal, from State, and from local sources, including the percentages from
specific funding programs;
(12) data on the
number and percentage of children in the State participating in public
kindergarten programs, disaggregated by race, family income, child age,
disability, whether the children are homeless children, and whether the
children are dual language learners, with information on whether such programs
are offered—
(A) for a full-day;
and
(B) at no cost to
families; and
(13) data on the
number of individuals in the State who are supported with scholarships, if
applicable, to meet the baccalaureate degree requirement for high-quality
prekindergarten programs, as defined in section 112.
(c)
Submission
A
State shall submit the annual report prepared under subsection (a), at the end
of each fiscal year, to the Secretary, the Secretary of Health and Human Services, and the State Advisory Council on
Early Childhood Education and Care.
(d)
Cooperation
An
eligible local entity that receives a subgrant under this subtitle shall
cooperate with all Federal and State efforts to evaluate the effectiveness of
the program the entity implements with subgrant funds.
(e)
National
report
The Secretary shall compile and summarize the annual State
reports described under subsection (c) and shall prepare and submit an annual
report to Congress that includes a summary of such State reports.
123.
Prohibition of
required participation or use of funds for assessments
(a)
Prohibition on
required participation
A State receiving a grant under this
subtitle shall not require any child to participate in any Federal, State,
local, or private early childhood education program, including a high-quality
prekindergarten program.
(b)
Prohibition on
use of funds for assessment
A State receiving a grant under this
subtitle and an eligible local entity receiving a subgrant under this subtitle
shall not use any grant or subgrant funds to carry out any of the following
activities:
(1) An assessment
that provides rewards or sanctions for individual children or teachers.
(2) An assessment that is used as the primary or sole method for assessing program
effectiveness.
(3) Evaluating
children, other than for the purposes of—
(A) improving
instruction or the classroom environment;
(B) targeting
professional development;
(C) determining the
need for health, mental health, disability, or family support services;
(D) program
evaluation for the purposes of program improvement and parent information;
and
(E) improving parent
and family engagement.
124.
Coordination
with Head Start programs
(a)
Increased access for younger children
Not
later than 1 year after the date of enactment of this Act, the Secretary and
the Secretary of Health and Human Services shall develop a process for use in
the event that Head Start programs funded under the Head Start Act (42 U.S.C.
9831 et seq.) operate in States or regions that have achieved sustained
universal, voluntary access to 4-year-old children who reside within the State and who are from families with incomes at or below 200 percent of the poverty line, to high-quality prekindergarten programs and how
such Head Start programs will begin converting slots for children who are age 4
on the eligibility determination date to children who are age 3 on the
eligibility determination date, or, when appropriate, converting Head Start
Programs into Early Head Start programs to serve infants and toddlers.
(b)
Community need
and resources
The process described in subsection (a)
shall—
(1) be carried out on
a case-by-case basis and shall ensure that sufficient resources and time are
allocated for the development of such a process so that no child or cohort is
excluded from currently available services; and
(2) ensure that any
conversion shall be based on community need and not on the aggregate number of
children served in a State or region that has achieved sustained, universal,
voluntary access to high-quality prekindergarten programs.
(c)
Public comment
and notice
Not fewer than 90 days after the development of the
proposed process described in subsection (a), the Secretary and the Secretary
of Health and Human Services shall publish a notice describing such proposed
process for conversion in the Federal Register providing at least 90 days for
public comment. The Secretaries shall review and consider public comments prior
to finalizing the process for conversion of Head Start slots and
programs.
(d)
Reports to
congress
Concurrently with publishing a notice in the Federal
Register as described in subsection (c), the Secretaries shall provide a report
to the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the Senate that
provides a detailed description of the proposed process described in subsection
(a), including a description of the degree to which Head Start programs are
providing State-funded high-quality prekindergarten programs as a result of the
grant opportunity provided under this subtitle in States where Head Start
programs are eligible for conversion described in subsection (a).
125.
Technical
assistance in program administration
In providing technical assistance to carry
out activities under this title, the Secretary shall coordinate that technical
assistance, in appropriate cases, with technical assistance provided by the
Secretary of Health and Human Services to carry out the programs authorized
under the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the maternal,
infant and early childhood home visiting programs assisted under section 511 of
the Social Security Act (42 U.S.C. 711).
126.
Authorization of appropriations
There are authorized to be appropriated to carry out this subtitle—
(1) $1,300,000,000 for fiscal year 2014;
(2) $3,250,000,000 for fiscal year 2015;
(3) $5,780,000,000 for fiscal year 2016;
(4) $7,580,000,000 for fiscal year 2017;
(5) $8,960,000,000 for fiscal year 2018; and
(6) such sums as may be necessary for each of fiscal years 2019 through 2023.
B
Prekindergarten
development grants
151.
Prekindergarten
development grants
(a)
In
general
The Secretary of Education, in consultation with the
Secretary of Health and Human Services, shall award competitive grants to
States that wish to increase their capacity and build the infrastructure within
the State to offer high-quality prekindergarten programs.
(b)
Eligibility
A
State that is not receiving funds under section 115 may compete for grant
funds under this subtitle if the State provides an assurance that the State
will, through the support of grant funds awarded under this subtitle, meet the
eligibility requirements of section 115 not later than 3 years after the date
the State first receives grant funds under this subtitle.
(c)
Grant duration
The Secretary shall award grants under this subtitle for a period of not more than 3 years. Such grants shall not be renewed.
(d)
Application
(1)
In
general
A Governor, or chief executive officer of a State, that desires to receive a grant under this
subtitle shall submit an application to the Secretary of Education at such
time, in such manner, and accompanied by such information as the Secretary may
reasonably require, including a description of how the State plans to become
eligible for grants under section 115 by not later than 3 years after the date
the State first receives grant funds under this subtitle.
(2)
Development of
application
In developing an application for a grant under this
subtitle, a State shall consult with the State Advisory Council on Early
Childhood Education and Care, and incorporate their recommendations, where
applicable.
(e)
Matching
requirement
(1)
In
general
To be eligible to receive a grant under this subtitle, a
State shall contribute for the activities for which the grant was awarded
non-Federal matching funds in an amount equal to not less than 20 percent of
the amount of the grant.
(2)
Non-Federal
funds
To satisfy the requirement of paragraph (1), a State may
use—
(A) cash; or
(B) an in-kind
contribution.
(3)
Financial
hardship waiver
The Secretary may waive paragraph (1) or reduce
the amount of matching funds required under that paragraph for a State that has
submitted an application for a grant under this subsection if the State
demonstrates, in the application, a need for such a waiver or reduction due to
extreme financial hardship, as determined by the Secretary of Education.
(f)
Subgrants
(1)
In general
A State awarded a grant under this subtitle may use the grant funds to award subgrants to eligible local entities, as defined in section 112, to carry out the activities under the grant.
(2)
Subgrantees
An eligible local entity awarded a subgrant under paragraph (1) shall comply with the requirements of this subtitle relating to grantees, as appropriate.
(g)
Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $750,000,000 for fiscal year 2014; and
(2) such sums as may be necessary for each of fiscal years 2015 through 2023.
II
Learning quality partnerships
201.
Purposes
The purposes of this title are to—
(1) increase the
availability of, and access to, high-quality early childhood education and care
programming for infants and toddlers;
(2) support a higher
quality of, and increase capacity for, that programming in both child care centers and family child care
homes; and
(3) encourage the
provision of comprehensive, coordinated full-day services and supports for
infants and toddlers.
202.
Early learning quality partnerships
The Head Start Act is amended—
(1) section 645A(e) (42 U.S.C. 9840a(e)) is amended to read as follows:
(e)
Selection of grant recipients
The Secretary shall award grants under this section on a competitive basis to applicants meeting the criteria in subsection (d) (giving priority to entities with a record of providing early, continuous, and comprehensive childhood development and family services and entities that agree to partner with a center-based or family child care provider to carry out the activities described in section 645B).
; and
(2) by inserting after section 645A (42 U.S.C.
9840a) the following:
645B.
Early learning quality partnerships
(a)
In
general
The Secretary shall make grants to Early Head Start
agencies to partner with center-based or family child care providers,
particularly those that receive support under the Child Care and Development
Block Grant of 1990 (42 U.S.C. 9858 et seq.), that agree to meet program
performance standards that are described in section 641A(a)(1) and applicable
Early Head Start standards described in section 645A, with funding and technical assistance from the
Early Head Start agency.
(b)
Selection of
grant recipients
(1)
In
general
Except as provided in paragraphs (2) and (3), the
Secretary shall award grants under this section in a manner consistent with
section 645A(e).
(2)
Competitive
priority
In awarding grants under this section, the Secretary
shall give priority to applicants—
(A) that propose to
create strong alignment of programs with maternal, infant and early childhood
home visiting programs assisted under section 511 of the Social Security Act
(42 U.S.C. 711), State-funded prekindergarten programs, programs carried out
under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.), and other programs supported under this Act, to create a strong
continuum of high-quality services for children from birth to school entry;
and
(B) that seek to work
with child care providers across settings, including center-based and
home-based programs.
(3)
Allocation
(A)
Reservation
From
funds appropriated to carry out this section, the Secretary shall
reserve—
(i) not less than 3
percent of such funds for Indian Head Start programs that serve young children;
(ii) not less than
4.5 percent for migrant and seasonal Head Start programs that serve young
children; and
(iii) not less than 0.2 percent for programs funded under clause (iv) or (v) of section 640(a)(2)(B).
(B)
Allocation
among states
The Secretary shall allocate funds appropriated to
carry out this section and not reserved under subparagraph (A) among the States
proportionally based on the number of young children from families whose income
is below the poverty line residing in such States.
(c)
Eligibility of
children
(1)
In general
Partnerships formed through assistance provided under
this section may serve children through age 3.
(2)
Standards
The standards applied to children served under this section shall be consistent with those applied to 3-year-old children otherwise served under this Act.
(d)
Partnerships
An
Early Head Start agency that receives a grant under this section shall—
(1) enter into a
contractual relationship with a center-based or family child care provider to
raise the quality of such provider’s programs so that the provider meets the
program performance standards described in subsection (a) through activities
that may include—
(A) expanding the
center-based or family child care provider’s programs through financial
support;
(B) providing
training, technical assistance, and support to the provider in order to help
the provider meet the program performance standards, which may include
supporting program and partner staff in earning a child development associate
credential, associate's degree, or baccalaureate degree in early childhood
education or a closely related field for working with infants and toddlers;
and
(C) blending funds
received under the Child Care and Development Block Grant of 1990 (42 U.S.C.
9858 et seq.) and the Early Head Start program carried out under section 645A
in order to provide high-quality child care, for a full day, that meets the
program performance standards;
(2) develop and
implement a proposal to recruit and enter into the contract with a center-based
or family child care provider, particularly a provider that serves children who
receive assistance under the Child Care and Development Block Grant of 1990 (42
U.S.C. 9858 et seq.);
(3) create a clear
and realizable timeline to increase the quality and capacity of a center-based
or family child care provider so that the provider meets the program
performance standards described in subsection (a); and
(4) align activities
and services provided through funding under this section with the Head Start
Child Outcomes Framework.
(e)
Standards
Prior
to awarding grants under this section, the Secretary shall establish standards
to ensure that the responsibility and expectations of the Early Head Start
Agency and the partner child care providers are clearly defined.
(f)
Designation
renewal
A partner child care provider that receives assistance
through a grant provided under this section shall be exempt, for a period of 18
months, from the designation renewal requirements under section
641(c).
(g)
Survey of early head start agencies and report to Congress
Not later than 1 year after the date of enactment of the Strong Start for America’s Children Act, the Secretary shall—
(1) conduct a survey of Early Head Start agencies to determine the extent of barriers to entering into early learning quality partnership agreements under this section on Early Head Start agencies and on child care providers; and
(2) submit information obtained from the survey conducted under paragraph (1), with suggested steps to overcome such barriers, in a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, including a detailed description of the degree to which Early Head Start agencies are utilizing the funds provided.
(h)
Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $4,000,000,000 for fiscal year 2014; and
(2) such sums as may be necessary for each of fiscal years 2015 through 2023.
.
III
Child
care
301.
State
plan
(a)
Coordination;
minimum eligibility; supplement not supplant
Section 658E(c)(2) of the Child Care and
Development Block Grant of 1990 (42 U.S.C. 9858c(c)(2)) is amended by adding at
the end the following:
(I)
Coordination
with other Federal block grants
Certify that the State will
develop and implement a process, not later than 3 years after the date of
enactment of the Early Childhood Education Improvement Act of 2013, to ensure
that the funding such State receives under the program of block grants for
social services provided under subtitle A of title XX of the Social Security
Act (42 U.S.C. 1397 et seq.) and the Community Services Block Grant Act (42
U.S.C. 9901 et seq.) that is used for child care services is subject to the
requirements and limitations of this subchapter.
(J)
Minimum
eligibility
Demonstrate that each child that receives assistance
in accordance with this subchapter in the State will receive such assistance
for not less than 12 months (regardless of a change in family income for the
child's family, if family income does not exceed 85 percent of the State median
income for a family of the same size) before the State redetermines the
eligibility of the child under this subchapter.
(K)
Supplementing
and not supplanting child care funds
Provide an assurance that
funds received by the State to carry out this subchapter shall be used to
supplement and not supplant other Federal, State, and local public funds for
child care services and
activities.
.
(b)
Activities To
improve the quality of child care
Section 658G of the Child Care
and Development Block Grant of 1990 (42 U.S.C. 9858e) is amended—
(1) by striking
A State and inserting (a)
In general.—A
State; and
(2) by adding at the
end the following:
(b)
Formula
grants
(1)
In
general
For fiscal years for which the amount appropriated to
carry out this subchapter exceeds $2,400,000,000, the Secretary may reserve not
less than $100,000,000 for formula grants to States, Indian tribes, and tribal
organizations to improve the quality of child care programs and services. Such
funds may be used to—
(A) support training,
education, and other professional development activities for child care staff,
which may include coaching, mentoring, and other on-site training and technical
assistance;
(B) provide technical
assistance to help providers become licensed and comply with applicable
licensing and regulatory requirements;
(C) improve the
compensation of the child care workforce, including through rewards or bonuses
linked to increased credential or degree completion;
(D) help programs
meet applicable health and safety standards; and
(E) provide technical
assistance to help providers implement nutrition, physical activity, or obesity
prevention programs.
(2)
Coordination
A
State, Indian tribe, or tribal organization that receives a grant under this
section shall coordinate with a State Advisory Council on Early Childhood
Education and Care in coordinating activities carried out under this subsection
with other quality-related activities directed toward child care
programs.
(3)
Priority to
high poverty areas
A State, Indian tribe, or tribal organization
that receives a grant under this section shall provide assurances that such
grant funds will be prioritized—
(A) to areas with
significant concentrations of poverty and unemployment and that lack access to
high-quality child care, including high-quality early childhood education
programs; or
(B) for otherwise
underserved populations, such as children with disabilities (as defined in
section 602 of the Individuals with Disabilities Education Act (20 U.S.C.
1401)), homeless children, and children who are dual language learners (as such
term is defined in section 112 of the Strong Start for America’s Children Act).
.
(c)
Demonstration
and pilot projects
Section 658I of the Child Care and Development
Block Grant of 1990 (42 U.S.C. 9858g) is amended by adding at the end the
following:
(c)
Demonstration
and pilot projects
The Secretary may, through grants or
contracts, carry out demonstration and pilot projects that are consistent with
the purposes of this subchapter and are designed to develop and implement
strategies and practices useful in supporting the needs of low-income families
in-need of, or receiving, child care services. Such projects shall—
(1) include the
provision of direct services to individuals;
(2) be subject to
measures of performance based on indicators developed and prescribed by the
Secretary in consultation with—
(A) individuals and
organizations currently administering programs that receive support under this
subchapter;
(B) individuals of
other relevant Federal agencies and departments; and
(C) individuals in
relevant academic disciplines; and
(3) include an
evaluation
component.
.
(d)
Authorization of appropriations
Section 658B of the Child Care and Development
Block Grant of 1990 (42 U.S.C. 9858) is amended to read as follows:
658B.
Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter—
(1) $2,478,313,000 for fiscal year 2014; and
(2) such sums as may be necessary for each of fiscal years 2015 through 2023.
.
IV
Maternal,
Infant, and Early Childhood Home Visiting program
401.
Sense of
Senate
It is the sense of the
Senate that—
(1) from the prenatal
period to the first day of kindergarten, children’s development rapidly
progresses at a pace exceeding that of any subsequent stage of life;
(2) as reported by
the National Academy of Sciences in 2001, striking disparities exist in what
children know and can do that are evident well before they enter kindergarten;
these differences are strongly associated with social and economic
circumstances, and they are predictive of subsequent academic
performance;
(3) research has
consistently demonstrated that investments in high-quality programs that serve
infants and toddlers better positions those children for success in elementary,
secondary, and postsecondary education as well as helping children develop the
critical physical, emotional, social, and cognitive skills that they will need
for the rest of their lives;
(4) in 2011, there
were 11,000,000 infants and toddlers living in the United States and 49 percent
of these children came from low-income families living with incomes at or below
200 percent of the Federal poverty guidelines;
(5) the Maternal,
Infant, and Early Childhood Home Visiting (MIECHV) program was authorized by
Congress to facilitate collaboration and partnership at the Federal, State, and
community levels to improve health and development outcomes for at-risk
children, including those from low-income families, through evidence-based home
visiting programs;
(6) MIECHV is an
evidence-based policy initiative and its authorizing legislation requires that
at least 75 percent of funds dedicated to the program must support programs to
implement evidence-based home visiting models, which includes the home-based
model of Early Head Start; and
(7) Congress should
continue to provide resources to MIECHV to support the work of States to help
at-risk families voluntarily receive home visits from nurses and social workers
to—
(A) promote maternal,
infant, and child health;
(B) improve school
readiness and achievement;
(C) prevent potential
child abuse or neglect and injuries;
(D) support family
economic self-sufficiency;
(E) reduce crime or
domestic violence; and
(F) improve
coordination or referrals for community resources and supports.