Library / Laws / 113th / s / S. 2452 / Placed on Calendar (Senate)
II
Calendar No. 427
113th CONGRESS
2d Session
S. 2452
IN THE SENATE OF THE UNITED STATES
June 10, 2014
Mr. Harkin, from the Committee on Health, Education, Labor, and Pensions, reported the following original bill; which was read twice and placed on the calendar
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 families
Sec. 111. Purposes.
Sec. 112. Definitions.
Sec. 113. Program authorization.
Sec. 114. Allotments and reservation 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. Rule of construction.
Sec. 127. Authorization of appropriations.
Subtitle B—Prekindergarten development grants
Sec. 151. Prekindergarten development grants.
TITLE II—Learning quality partnerships
Sec. 201. Purposes.
Sec. 202. Early learning quality partnerships.
TITLE III—Maternal, Infant, and Early Childhood Home Visiting program
Sec. 301. 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 the children 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—
(A)
given the term in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401); and
(B)
given the term infant or toddler with a disability in section 632 of such Act (20 U.S.C. 1432).
(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 to identify children who may need follow-up services to address
developmental, learning, or health needs in, at a minimum, areas of
physical health, behavioral health, oral health, child development,
vision, and hearing;
(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 in 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)
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 (including a Head Start program or licensed child care setting) that carries out,
administers, or supports an early childhood education program; or
(C)
a consortium of
entities described under subparagraph (A) or (B).
(7)
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.
(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 ongoing 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 ongoing
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 learning environments and evidence-based
curricula
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 and family literacy services;
(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 that 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, to the maximum extent feasible.
(J)
Provides
high-quality professional development for staff, including regular
in-class observation for teachers and teacher assistants by individuals
trained in observation and which may include evidence-based coaching.
(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 educational 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
designated or 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
for 4-year old children in other parts of the State.
114.
Allotments and
reservation 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 fiscal 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 1 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
with approved applications 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.
(d)
Applications for reserved funds
A tribe, tribal organization, outlying area, or entity for which the Secretary reserves funds under
subsection (a) and that desires to receive such funds shall submit an
application to the Secretary at such time, in such manner, and containing
or accompanied by such information as the Secretary may reasonably
require, including a description of how such tribe, organization, area, or
entity will carry out the purposes of this subtitle.
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 all of 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 kindergarten for children who are eligible children for that
service in the State; and
(4)
has established or designated, or will establish or designate, 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
Indian tribes and tribal 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 age-appropriate,
as well as culturally and
developmentally 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(j));
(E)
the State’s plan
to develop, implement, and make publicly 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 and demonstrated competency 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.S. 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.), programs
amended by 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 expand options for families;
(I)
if the State does
not have a funding mechanism for subgranting funds to implement
high-quality
prekindergarten programs, how the State will use objective criteria in
awarding
subgrants to eligible local entities that will implement high-quality
prekindergarten programs, including actions the State 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 in the State, and propose solutions
to overcome
such
barriers (which may include seeking assistance under section 125), 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 among public 2-year and public 4-year
institutions of higher education and other credit-bearing professional
development entities in the State for early childhood teacher
preparation programs and closely 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)
master's degree
programs; and
(v)
other programs
that lead to a specialization in early childhood education, or a closely
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 nontraditional
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 to provide 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 encourage eligible local entities to coordinate with community-based
learning resources, if available, 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;
(U)
how the State
will work with eligible local entities, in consultation with elementary
school principals, to ensure that high-quality
prekindergarten programs have sufficient and appropriate facilities to
meet the needs of
children eligible for prekindergarten;
(V)
how the State
will support local early childhood coordinating entities, such as local
early
childhood councils and entities administering shared services networks or
models, 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;
(W)
how the State
will ensure that the provision of high-quality prekindergarten programs
will
not lead to a diminution in the quality or supply 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);
(X)
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; and
(Y)
how the State will provide technical assistance in rural communities to address unique barriers to
the
implementation of high-quality prekindergarten programs in rural areas.
(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 that
support the elements of high-quality prekindergarten programs or the
activities described in section 116(a)(2).
Such
quality improvement activities may include—
(A)
supporting teachers, principals, and center directors, in a State’s
high-quality prekindergarten program, licensed or regulated child care, or
Head
Start programs to enable such teachers or directors to earn a
baccalaureate degree in
early
childhood education, or a closely related field, through activities which
may
include expanding or
establishing scholarships, counseling, and compensation initiatives to
cover
the cost of tuition, fees, materials, transportation, and release time for
such
teachers;
(B)
providing ongoing professional development opportunities, including regular in-class observation by
individuals trained in observation and evidence-based coaching or
mentoring, for such teachers, directors, and
principals, if
applicable, and teacher assistants to enable such teachers, directors, and
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 all of the essential domains of early
learning and
development;
(ii)
developmentally
appropriate curricula and 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;
(vi)
childhood
nutrition and physical education programs;
(vii)
social and emotional development; and
(viii)
incorporating age-appropriate strategies of positive behavioral interventions and supports; and
(C)
providing families with increased opportunities to learn how best to support their children’s
physical, cognitive, social, and emotional development during the first 5
years of life.
(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 the American Recovery and Reinvestment Act of 2009
(Public Law 111–5), 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 subparagraph (B).
(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, when 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 publicly
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)
increasing developmental screening and appropriate referral under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et
seq.) to
identify children early who are eligible for services under such Act;
(4)
increasing the
number of programs meeting the criteria for high-quality prekindergarten
programs across all types of eligible local entities, 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 all 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, across all
publicly funded programs (including locally funded programs)—
(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 with incomes above 200 percent of the poverty
line.
(c)
Non-Federal
Resources
(1)
In general
A State shall provide the matching funds under this section
from non-Federal resources, which may include State funding, local
funding, or
contributions from philanthropy or other private sources, or a combination
of such sources.
(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 or local funds designated for State or local public
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, as described in
clauses (i) and (ii) of section 116(a)(2)(A), 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
engaged and effective
partners in their child’s education, particularly the families of dual
language learners and children with disabilities, which may include access
to family literacy services;
(ii)
improve child
development; and
(iii)
strengthen
relationships among prekindergarten staff and parents and family members;
and
(B)
participate in 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
& 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)
develop a process 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;
(C)
organize, if feasible, and
participate in joint training, when available, including
transition-related training for school
staff and early childhood education program staff;
(D)
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, including the
transfer of early childhood education program records with parental
consent;
(E)
conduct outreach
to parents, families, and elementary school teachers and principals to
discuss the
educational, developmental, and other needs of children entering
kindergarten;
(F)
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
(G)
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 early developmental screening and
appropriate referral to local agencies 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)
Comprehensive services
A description of how the eligible local
entity plans to provide 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), including professional training to support
the social and emotional development of children;
(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 and coaching
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
(1)
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).
(2)
Teacher qualifications
(A)
New prekindergarten teachers
Each eligible local entity that receives a subgrant under
section 117(b) shall ensure that all prekindergarten teachers hired after
the date of receipt of such subgrant and working in a program supported
with
funds under such subgrant meet the requirements in section 112(9)(B).
(B)
Existing prekindergarten teachers
Each eligible local entity that receives a subgrant under
section 117(b) shall ensure that all prekindergarten teachers hired
before the date of receipt of such subgrant and working in a program
supported with funds under such subgrant meet the requirements in section
112(9)(B) not later than 3 years after the date of enactment of this Act.
(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)
above 100 percent and at or below
150 percent of the poverty line; and
(C)
above 150 percent and at or below 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 who received training or education during the period
of the grant and remained in the early childhood
education program field,
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);
(5)
data on the
kindergarten readiness of children in the State;
(6)
a description of
the State’s progress in effectively using
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 local educational agency and zip code in which each eligible local entity that receives a
subgrant operates;
(10)
information, for
each of the local educational agencies described in paragraph (9), 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;
(11)
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;
(12)
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; and
(13)
if applicable, data on the rates of expulsion, suspension, and similar disciplinary action, of
children in the State participating in high-quality prekindergarten
programs, disaggregated by race, ethnicity, family income, child age, and
disability.
(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.
Rule of construction
Nothing in this Act shall be construed to permit discrimination on the basis of race, color,
religion, sex (except as otherwise permitted under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the
Patsy Takemoto
Mink Equal Opportunity in Education Act)), national origin, or disability
in any
program funded under this Act.
127.
Authorization of appropriations
There are authorized to be appropriated to carry out this subtitle—
(1)
$1,300,000,000 for fiscal year 2015;
(2)
$3,250,000,000 for fiscal year 2016;
(3)
$5,780,000,000 for fiscal year 2017;
(4)
$7,580,000,000 for fiscal year 2018;
(5)
$8,960,000,000 for fiscal year 2019; and
(6)
such sums as may be necessary for each of fiscal years 2020 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, local educational agencies, or other local government entities
that wish to increase their capacity and build the infrastructure
within
the State to offer high-quality prekindergarten programs.
(b)
Eligibility of states
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, a local educational agency, or another local
government entity 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, if applicable, 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
State 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, local educational agency, or other local government entity 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, local educational agency, or other local
government entity may
use—
(A)
non-Federal resources in the form of State funding, local funding, or contributions from
philanthropy or other private sources, or a combination of such resources;
or
(B)
in-kind
contributions.
(3)
Financial
hardship waiver
The Secretary may waive paragraph (1) or reduce
the amount of matching funds required under that paragraph for a State,
local educational agency, or other local government entity
that has
submitted an application for a grant under this subsection if the State,
local educational agency, or other local government entity
demonstrates, in the application, a need for such a waiver or reduction
due to
extreme financial hardship, as determined by the Secretary.
(f)
Subgrants
(1)
In general
A State, local educational agency, or other local government entity 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 2015; and
(2)
such sums as may be necessary for each of fiscal years 2016 through 2024.
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),
through grants to Early Head Start agencies,
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)
Reallocation
After allocating funds made available under this section in a manner consistent with the purposes
and requirements of this section, the Secretary may use any unallocated
funds
for unfunded, high-quality partnership applications in other States or to
expand Early Head Start slots in communities without center-based or
family child care providers with which to partner.
(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 children through age 3 who are otherwise served under this Act.
(3)
Minimum duration
Children determined eligible and subsequently served under this section shall be deemed eligible
for the full complement of services provided under the partnership through
the end of the succeeding program year, consistent with section
645(a)(1)(B)(v).
(d)
Partnerships
An
Early Head Start agency that receives a grant under this section
shall—
(1) 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.);
(2)
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 or the addition of Early Head Start slots in the child care
provider’s setting;
(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.) or other sources of child care support with 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;
(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 start of the provision of services under the
grant), 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)
Monitoring
The Secretary shall establish and ensure monitoring that is sensitive and
appropriate to the model used for partnerships administered under this
section.
(i)
Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1)
$4,000,000,000 for fiscal year 2015; and
(2)
such sums as may be necessary for each of fiscal years 2016 through 2024.
.
III
Maternal,
Infant, and Early Childhood Home Visiting program
301.
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.
June 10, 2014Read twice and placed on the calendar