,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccae ,,in ,,the ,,house ,,of ,,representatives ,june #ah1 #bjai,ms4 ,haaland 7for herself1 ,ms4 ,lee of ,california1 ,ms4 ,norton1 ,mr4 ,raskin1 ,mr4 ,pocan1 ,mr4 ,larson of ,connecticut1 ,mr4 ,horsford1 ,ms4 ,meng1 and ,mr4 ,sablan7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to establish universal child care and early learning programs4 #a4 ,short title ,this ,act may be cited as the ,universal ,child ,care and ,early ,learning ,act4 ,i ,child care and early learning programs #aja4 ,statement of purposes ,the purposes of this title are-- 7#a7 to provide all young children with a fair and full opportunity to reach their full potential1 by establishing and expanding programs1 to create universal1 comprehensive child care and early learning programs that are available to all young children2 7#b7 to ensure that families can access affordable1 high-quality child care and early learning programs regardless of circumstance2 7#c7 to promote the school readiness of all young children by enhancing their cognitive1 social1 emotional1 and physical development-- 7,a7 in a learning environment that supports children's growth in language1 literacy1 mathematics1 science1 cognitive abilities1 social and emotional functioning1 creative arts1 physical skills1 and approaches to learning2 and 7,b7 through the provision to children and their families of health1 educational1 nutritional1 social1 and other services that are determined1 based on family needs assessments1 to be necessary2 7#d7 to recognize and build upon the experience and success gained through the ,head ,start program1 the military child care program1 and similar efforts2 7#e7 to provide that decisions on the nature of such child care and early learning programs be made at the community level with the full involvement of parents1 family members1 and other individuals and organizations in the community2 and 7#f7 to establish the legislative framework for child care and early learning services4 #ajb4 ,definitions ,for purposes of this title3 7#a7 ,child care and early learning program ,the term child care and early learning program means any program that provides child care and early learning services in child care and early learning centers 7including schools7 or in family child care homes4 7#b7 ,child with a disability ,the term child with a disability means-- 7,a7 a child with a disability1 as defined in section #fjb7c7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c772 and 7,b7 an infant or toddler with a disability1 as defined in section #fcb7e7 of such ,act 7#bj ,u4,s4,c4 #adcb7e774 7#c7 ,community ,the term community means a city1 county1 or multicity or multicounty unit within a ,state1 an ,indian reservation 7including ,indians in any nearby off-reservation area designated by an appropriate tribal government in consultation with the ,secretary71 or a neighborhood or other area 7irrespective of boundaries or political subdivisions7 that provides a suitable organizational base and possesses the commonality of interest needed to operate a child care and early learning program4 7#d7 ,covered child ,the term covered child means a child who-- 7,a7 is-- 7i7 not younger than #f weeks of age2 and 7ii7 not yet required to attend school1 under the laws of compulsory school attendance of the ,state in which the child resides2 and 7,b7 meets the requirements of regulations issued under section #abd4 7#e7 ,dual language learner ,the term dual language learner means a child who is acquiring two or more languages at the same time1 or a child who is learning a second language while continuing to develop the child's first language1 including a child who may also be identified by a ,state or locality as bilingual1 an ,english language learner1 limited ,english proficient1 an ,english learner1 or a child who speaks a language other than ,english4 7#f7 ,family literacy services ,the term family literacy services means services that-- 7,a7 are family literacy services1 as defined in section #fcg of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcb72 and 7,b7 meet the requirements of section #fda;,a of such ,act 7#db ,u4,s4,c4 #ihcf;a74 7#g7 ,financial assistance ,the term financial assistance includes assistance provided by grant1 agreement1 or contract1 for which payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments4 7#h7 ,full-working-day ,the term full-working-day means not less than #aj hours per day4 ,nothing in this paragraph shall be construed to require an entity to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by ,state law 7including regulation7 for the provision of services to such a child4 7#i7 ,health ,the term health1 when used to refer to services or care provided to children enrolled in a child care and early learning program1 their parents1 or their siblings1 shall be interpreted to refer to both physical and mental health4 7#aj7 ,homeless child ,the term homeless child means an individual described in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b774 7#aa7 ,indian ,the term ,indian means an individual who is-- 7,a7 a member of an ,indian tribe or band1 as membership is defined by the tribe or band1 including-- 7i7 any tribe or band terminated since #aidj2 and 7ii7 any tribe or band recognized by the ,state in which the tribe or band resides2 7,b7 a descendant of an individual described in subparagraph 7,a72 7,c7 considered by the ,secretary of the ,interior to be an ,indian for any purpose2 7,d7 an ,eskimo1 ,aleut1 or other ,alaska ,native2 or 7,e7 a member of an organized ,indian group that received a grant under the ,indian ,education ,act of #aihh as in effect on ,october #ai1 #aiid4 7#ab7 ,indian tribe ,the term ,indian tribe means an ,indian tribe1 within the meaning of part ,a of title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdja et seq474 7#ac7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#ad7 ,local educational agency ,the term local educational agency has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ae7 ,locality ,the term locality means any city1 municipality1 county1 or other political subdivision of a ,state having general governmental powers1 or any combination of such political subdivisions4 7#af7 ,low-income ,the term low-income1 used with respect to a child or other individual1 means an individual in a family with a family income that is not more than #bjj percent of the poverty line4 7#ag7 ,migrant or seasonal child care and early learning program ,the term migrant or seasonal child care and early learning program means-- 7,a7 with respect to services for migrant farmworkers1 a child care and early learning program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding #b-year period2 and 7,b7 with respect to services for seasonal farmworkers1 a child care and early learning program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding #b-year period4 7#ah7 ,military child care program ,the term military child care program means the program carried out under subchapter ,,ii of chapter #hh of title #aj1 ,united ,states ,code4 7#ai7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#bj7 ,poverty line ,the term poverty line means the official poverty line 7as defined by the ,office of ,management and ,budget7 based on the most recent data available from the ,bureau of the ,census-- 7,a7 adjusted to reflect the percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers1 issued by the ,bureau of ,labor ,statistics1 during the annual or other interval immediately preceding the date on which such adjustment is made2 and 7,b7 adjusted for family size4 7#ba7 ,professional development ,the term professional development means the career-pathway aligned mechanisms that contribute to ensuring that a member of the early care and education workforce1 in any setting1 has or is working towards obtaining the degrees and other credentials needed to demonstrate the necessary knowledge and competencies for quality provision of child care and early learning services4 7#bb7 ,scientifically valid research ,the term scientifically valid research includes applied research1 basic research1 and field-initiated research1 in which the rationale1 design1 and interpretation are soundly developed in accordance with principles of scientific research4 7#bc7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#bd7 ,state ,the term ,state means-- 7,a7 a ,state1 as defined in section #fcg of the ,head ,start ,act2 and 7,b7 the ,republic of ,palau-- 7i7 for each of fiscal years #bjbj through #bjbd2 and 7ii7 7if legislation approving a new agreement regarding ,united ,states assistance for the ,republic of ,palau has not been enacted by ,september #cj1 #bjbd71 for each subsequent fiscal year for which such legislation has not been enacted4 7#be7 ,tribal land ,the term tribal land means a reservation1 the land of an ,indian tribe1 or land designated by ,hawaii as under the control of ,native ,hawaiians for purposes of this title4 7#bf7 ,tribal organization ,the term tribal organization means-- 7,a7 the recognized governing body of any ,indian tribe1 and any legally established organization of ,indians which is controlled1 sanctioned1 or chartered by such governing body or which is democratically elected by the adult members of the ,indian community to be served by such organization and which includes the maximum participation of ,indians in all phases of its activities1 except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one ,indian tribe1 the approval of each such ,indian tribe shall be a prerequisite to the letting or making of such contract or grant2 and 7,b7 includes a ,native ,hawaiian organization1 as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag7 and a private nonprofit organization established for the purpose of serving youth who are ,indians or ,native ,hawaiians4 #ajc4 ,authorization of appropriations2 appropriations 7a7 ,appropriations ,there are authorized to be appropriated and there are appropriated to carry out this title 7other than the activities described in subsection 7b771 including meeting the entitlement requirements of section #aaa7;b71 such sums as may be necessary4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out activities under sections #ace1 #acf1 #acg1 #ach1 #aea1 #aeb1 and such administrative activities as the ,secretary determines to be necessary and appropriate to carry out this title1 #ejj1jjj1jjj for each of fiscal years #bjbj through #bjcj4 ,a ,prime sponsors and providers #aaa4 ,financial assistance for child care and early learning programs 7a7 ,in general ,the ,secretary shall provide financial assistance for carrying out child care and early learning programs under this title to prime sponsors1 to provide family-centered services to children to promote their development and learning1 pursuant to plans and applications approved in accordance with the provisions of this title4 7b7 ,entitlement ,each covered child shall be entitled to participate in a child care and early learning program that meets the requirements of this title4 ,the entitlement shall not be a capped entitlement4 #aab4 ,allocation of funds2 payments 7a7 ,allocation to activities ,the ,secretary shall allocate the amounts appropriated for carrying out this title for any fiscal year after fiscal year #bjai1 in the following manner3 7#a7 ,child care and early learning programs ,the amount made available under section #ajc7;a7 shall be used for the purpose of providing financial assistance to carry out child care and early learning programs under this title for covered children1 other than activities described in paragraph 7#b74 7#b7 ,administrative and enhancement activities ,of the amounts appropriated under section #ajc7;b7-- 7,a7 such portion1 but not less than #ej percent1 shall be used for the purpose of carrying out activities under sections #ace and #acf and such administrative activities as the ,secretary determines to be necessary and appropriate to carry out this title2 7,b7 such portion1 but not less than #bj percent1 shall be used for the purpose of carrying out activities under section #aea2 and 7,c7 the remainder of such amounts shall be used for the purpose of carrying out activities under sections #acg1 #ach1 and #aeb4 7#c7 ,flexibility for emergency supplemental funding ,notwithstanding paragraph 7#b71 the ,secretary may1 after providing appropriate notice and written justification to ,congress1 redirect any amounts appropriated under section #ajc7;b7 as the ,secretary determines to be necessary and appropriate to carry out section #aea for the purpose of carrying out activities under section #aea4 7b7 ,publication ,as soon as practicable after funds are appropriated under section #ajc7;b7 for any fiscal year1 the ,secretary shall publish in the ,federal ,register the amounts made available for that fiscal year to carry out each of the activities described in subsection 7a77#b74 7c7 ,payments 7#a7 ,in general 7,a7 ,authority for payments ,in accordance with this subsection1 the ,secretary shall pay1 from the allocation under subsection 7a77#a71 the ,federal share of the costs of providing child care and early learning programs1 in accordance with plans under sections #aac and #aad that have been approved as provided in this title4 7,b7 ,manner and timing for payments ,the ,secretary may make such financial assistance as may be necessary to carry out this title4 ,the ,secretary may also withhold funds otherwise payable under this title in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this title or any term or condition of financial assistance under this title4 7#b7 ,federal share 7,a7 ,in general ,except as provided in subparagraphs 7,b7 through 7,e7 and section #aea1 the ,federal share of the costs of providing child care and early learning programs for covered children shall be not more than #hj percent4 7,b7 ,low-income children ,the ,federal share shall be #hj percent of the costs of providing child care and early learning programs for low-income covered children4 7,c7 ,children who are not low-income ,the ,federal share shall be #ej percent of the costs of providing child care and early learning programs for covered children who are not low-income children4 7,d7 ,children of migrant and seasonal farmworkers ,the ,secretary shall pay for #ajj percent of the costs of providing child care and early learning programs for covered children of migrant and seasonal farmworkers under this title4 7,e7 ,native american children ,the ,secretary shall pay each prime sponsor designated under section #aac for #ajj percent of the costs of providing child care and early learning programs for covered children in ,indian tribes and ,native ,hawaiian covered children under this title4 7,f7 ,administrative amount ,when making a payment described in paragraph 7#a7 to any prime sponsor for the ,federal share of the costs of providing a child care and early learning program1 the ,secretary shall also make a payment to the prime sponsor of not more than #ajj percent of the costs for staff and other administrative expenses of the prime sponsor1 including such costs and expenses related to quality improvement 7such as conducting monitoring and training7 and operating the ,child ,care and ,early ,learning ,council1 but not to exceed an amount which is reasonable when compared with such costs and expenses for other prime sponsors4 7#c7 ,rate analysis 7,a7 ,process ,the ,secretary shall1 on the basis of recommendations by an committee of experts outside the ,department of ,health and ,human ,services1 establish and implement a process for determining the costs described in paragraph 7#a77;,a7 and ensuring that the requirement of subparagraph 7,b7 is met4 7,b7 ,sufficiency requirement ,the ,secretary shall ensure that the ,federal share determined under paragraph 7#b7 is sufficient to ensure that a prime sponsor can meet all requirements under this title1 including the national program standards under section #aba1 compensation provisions under section #acf7;b71 and provisions relating to comprehensive services and access to services4 7#d7 ,non-,federal share 7,a7 ,sources ,the non-,federal share of the costs described in paragraph 7#a7 may be provided through public or private funds 7including labor union or employer contributions7 and may be in cash or in kind1 fairly evaluated1 including facilities1 goods1 or services4 7,b7 ,fees from families ,fees collected for services provided pursuant to section #aad7;j7 may be used toward the non-,federal share4 ,such fees collected from a family may not exceed #g percent of the family income1 regardless of the number of children served from that family4 7,c7 ,excess contributions ,if1 with respect to any fiscal year1 a prime sponsor provides a non-,federal share1 for any program that exceeds its requirements for such a share1 such excess may be applied toward meeting the requirements for such a share for the subsequent fiscal year under this title4 7d7 ,maintenance of effort ,no ,state or locality shall reduce its expenditures for child care and early learning programs 7including home-based child care and early learning programs7 because of financial assistance provided under this title4 #aac4 ,designation of prime sponsors 7a7 ,authority ,to designate 7#a7 ,qualified entities ,in accordance with the provisions of this section1 a ,state1 locality1 ,indian tribe1 tribal organization1 or public or private nonprofit agency or organization1 meeting the requirements of this title may be designated by the ,secretary as a prime sponsor for the purpose of entering into arrangements to carry out child care and early learning programs under this title4 7#b7 ,prime sponsorship plans ,an entity may be designated by the ,secretary as a prime sponsor for a period of fiscal years only pursuant to an application in the form of a prime sponsorship plan which was submitted by such entity and approved by the ,secretary in accordance with the provisions of this title4 ,at a minimum1 the plan shall-- 7,a7 describe the service area to be served and how the program will be delivered2 7,b7 provide a comprehensive child care and early learning plan1 as described in section #aad7;b72 and 7,c7 demonstrate that the entity has the authority under its charter or applicable law to receive and administer funds under this title1 funds and contributions from private or public sources that may be used in support of a child care and early learning program1 and funds under a ,federal or ,state assistance program that may be so used4 7#c7 ,approval ,no prime sponsorship plan1 or modification of the plan1 submitted by an entity under this section shall be approved by the ,secretary unless the ,secretary determines1 in accordance with regulations which the ,secretary shall prescribe1 that-- 7,a7 the local educational agency for the service area and other appropriate educational and training agencies and institutions have had an opportunity to submit comments to the entity and to the ,secretary2 7,b7 appropriate officials from ,indian tribes or tribal organizations have had an opportunity to submit comments to the entity and to the ,secretary2 and 7,c7 the ,governor of the ,state has had an opportunity to submit comments to the entity and to the ,secretary4 7#d7 ,joint submission ,in order to contribute to the effective administration of this title1 the ,secretary shall establish appropriate procedures to permit an entity described in subsection 7a77#a7 and a ,state to submit jointly a single comprehensive child care and early learning plan for the service areas the entity and ,state propose4 ,if the ,secretary approves such a plan1 the ,secretary may designate the entity as a prime sponsor1 and the ,state as a prime sponsor1 for the corresponding service areas4 7b7 ,additional approval procedures 7#a7 ,locality over population threshold ,the ,secretary shall approve a prime sponsorship plan submitted by a locality if-- 7,a7 the locality meets a population threshold determined by the ,secretary1 except that the ,secretary may waive the population threshold if it creates a barrier to providing child care and early learning services in a service area of a specified type1 such as a rural region2 7,b7 the plan meets the requirements of subsection 7a7 and includes adequate provisions for carrying out child care and early learning programs in the area of such locality2 and 7,c7 the locality is a-- 7i7 city2 7ii7 county2 or 7iii7 other unit of general local government1 including a local educational agency1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,localities with common geographical area ,in the event that the area under the jurisdiction of a unit of general local government described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,c7 includes any common geographical area with the geographical area covered by another such unit of general local government1 the ,secretary shall designate to serve such common area the unit of general local government that-- 7,a7 the ,secretary determines has the capability of more effectively carrying out the purposes of this title with respect to such area2 and 7,b7 has submitted a plan which meets the requirements of subsection 7a7 and includes adequate provisions for carrying out child care and early learning programs in such area4 7#c7 ,localities 7,a7 ,submission by combination ,in the event that the ,secretary determines that a locality does not meet the requirements for designation as a prime sponsor under this section1 the ,secretary shall take steps to encourage the submission of a prime sponsorship plan1 covering the area of such locality1 by a combination of localities which are adjoining and possess a sufficient commonality of interest4 7,b7 ,approval ,the ,secretary shall approve a prime sponsorship plan submitted by such a combination of localities1 if the ,secretary determines that the plan so submitted meets the requirements of subsection 7a7 and includes adequate provisions for carrying out child care and early learning programs in the area covered by the combination of such localities4 7#d7 ,indian tribes and tribal organizations ,the ,secretary shall approve a prime sponsorship plan submitted by an ,indian tribe or tribal organization if the ,secretary determines that the plan so submitted meets the requirements of subsection 7a7 and includes adequate provisions for carrying out child care and early learning programs in the area to be served4 7#e7 ,states ,the ,secretary shall approve a prime sponsorship plan submitted by a ,state if the ,secretary determines that the plan so submitted-- 7,a7 meets the requirements of subsection 7a72 7,b7 includes adequate provisions for carrying out child care and early learning programs in the area to be served2 7,c7 contains a commitment to coordinating the ,state's early childhood programs to create a cohesive system1 for children from birth to entry into kindergarten1 for providing child care and early learning services2 7,d7 demonstrates that the ,state can deliver a child care and early learning program that ensures coverage of-- 7i7 the entire ,state2 or 7ii7 the portions of the ,state that are not proposed to be covered by other entities submitting applications under subsection 7a77#b72 and 7,e7 demonstrates that the ,state can deliver such a program with sufficient local administration1 governance1 and input4 7#f7 ,two phases of application review 7,a7 ,in general ,the ,secretary shall establish two phases of review for applications in the form of prime sponsorship plans4 ,entities submitting such applications for the first phase of review shall be given preference for designation under subsection 7a74 7,b7 ,first phase ,states1 ,indian tribes1 tribal organizations1 entities applying to carry out migrant or seasonal child care and early learning programs1 and entities and ,states submitting applications jointly may submit applications described in subparagraph 7,a7 for the first phase of application review4 7,c7 ,second phase ,localities1 public or private nonprofit agencies or organizations1 and entities described in subparagraph 7,b7 may submit applications described in subparagraph 7,a7 for the second phase of application review4 7c7 ,disapproval2 withdrawal of approval ,a prime sponsorship plan submitted under this section may be disapproved or a prior designation of a prime sponsor may be withdrawn only if the ,secretary1 in accordance with regulations which the ,secretary shall prescribe1 has provided-- 7#a7 written notice of intention to disapprove such plan or withdraw such designation1 including a statement of the reasons2 7#b7 a reasonable time in which to submit corrective amendments to such plan or undertake other necessary corrective action2 and 7#c7 an opportunity for a public hearing upon which basis an appeal to the ,secretary may be taken as of right4 7d7 ,unserved areas ,in the event that a prime sponsorship plan has not been submitted or approved1 if a prime sponsor designation has been withdrawn1 or if the needs of seasonal and migrant farmworkers1 minority groups1 or low-income individuals are not being met1 for a service area1 the ,secretary may enter into an agreement with an organization1 such as a national nonprofit organization1 to serve as the prime sponsor for such an area4 ,the ,secretary shall meet the requirements described in subsection 7g7 before entering into the agreement4 7e7 ,designation renewal 7#a7 ,designation renewal ,a prime sponsor shall obtain renewal of the designation of the prime sponsor not more frequently than every #c years and not less frequently than every #e years4 7#b7 ,system for designation renewal ,the ,secretary shall develop a system for prime sponsors to renew their designation1 under which the ,secretary shall determine if a prime sponsor is delivering a high-quality and comprehensive child care and early learning program that meets the health1 educational1 nutritional1 and social needs of the children and families it serves1 and meets program and financial management requirements and standards described in section #aba7;a71 and governance and legal requirements4 7f7 ,prohibition against entities other than ,indian tribes or tribal organizations receiving a grant for a child care and early learning program on ,indian land 7#a7 ,in general ,notwithstanding any other provision of law1 except as provided in paragraph 7#b71 under no condition may an entity other than an ,indian tribe or tribal organization receive a grant to carry out a child care and early learning program on tribal land4 7#b7 ,exceptions 7,a7 ,no ,indian tribe or tribal organization available ,in a service area in which there is no ,indian tribe or tribal organization available for designation to carry out an child care and early learning program on ,indian land1 an entity that is not a tribal organization may receive a grant to carry out an child care and early learning program on ,indian land1 but only until such time as an ,indian tribe or tribal organization in such service area becomes available and is designated pursuant to this section4 7,b7 ,joint prime sponsors ,for a service area that consists of any non-reservation ,indian land1 if the ,indian tribe or tribal organization involved is not interested in serving or does not have the capacity to serve the entire service area1 the ,indian tribe or tribal organization may work with another prime sponsor to jointly serve as prime sponsors for the service area4 7g7 ,family1 child care worker1 and community participation ,the ,secretary shall-- 7#a7 significantly involve parents1 family members1 family child care home providers1 child care and early learning staff1 labor unions1 and community residents in the service area for the program involved1 in the process for designation of prime sponsors2 and 7#b7 ensure that the persons selected to be involved in that process shall reflect the diversity of the service area1 with respect to income1 culture1 race and ethnicity1 language1 and status as a migrant or seasonal farmworker1 ,indian1 or ,native ,hawaiian4 #aad4 ,powers and functions of prime sponsors 7a7 ,authority ,if an entity has been designated as a prime sponsor under this title-- 7#a7 the entity may receive and administer funds under this title1 funds and contributions from private or local public sources that may be used in support of a child care and early learning program1 and funds under a ,federal or ,state assistance program related to the provision of child care and early learning services2 7#b7 the entity may transfer funds so received1 and delegate powers to other agencies1 subject to the powers of its governing board and its overall program responsibilities2 7#c7 the entity's power to transfer funds and delegate powers shall include the power to make transfers and delegations for services in all cases where the transfers and delegations will contribute to efficiency and effectiveness or otherwise further program objectives2 and 7#d7 the entity may set up a process to negotiate wages1 benefits1 hours1 and working conditions of teachers and other staff in the corresponding child care and early learning program4 7b7 ,comprehensive child care and early learning plans 7#a7 ,in general ,financial assistance under this title may be provided by the ,secretary to an entity that is a prime sponsor designated pursuant to section #aac only pursuant to an application in the form of a comprehensive child care and early learning plan which was submitted annually by such entity and approved by the ,secretary in accordance with the provisions of this title4 7#b7 ,contents ,any such plan shall set forth a comprehensive proposal1 for providing child care and early learning services in the service area1 which-- 7,a7 assesses all child care and early learning needs and goals within the area and the applicant's proposal for addressing those needs2 7,b7 describes how the entity will provide comprehensive health1 mental health1 education1 parental or family member involvement1 nutritional1 social1 and other services for the children that need child care and early learning services1 including appropriate screening and referrals for children with challenging behaviors and other mental health needs2 7,c7 provides that services are full-working-day and full calendar year long1 and ensures that the available hours of services are responsive to the needs of families in the service area1 including1 as appropriate1 nonstandard hour care2 7,d7 describes how the prime sponsor will guarantee all children in the service area access to the child care and early learning program and use funds provided under section #aab7;a77#a7 for child care and early learning services2 7,e7 describes how the prime sponsor will promote children's mental health1 social and emotional well-being1 and overall health1 by providing supports for positive learning environments for the children1 including-- 7i7 strategies for supporting children with challenging behaviors and other social1 emotional1 and mental health concerns2 and 7ii7 teacher training and mental health consultations2 7,f7 includes a policy on suspension and expulsion that-- 7i7 prohibits or severely limits the use of suspension due to a child's behavior and ensures suspensions are only temporary in nature2 7ii7 prohibits expelling or unenrolling a child from the program because of the child's behavior2 and 7iii7 provides that1 in the case of a child exhibiting persistent and serious challenging behaviors1 the program provider will-- 7,i7 explore all possible steps and document all steps taken to address such behaviors2 7,,ii7 make efforts to facilitate the child's safe participation in the program2 and 7,,iii7 after taking the steps described in subclauses 7,i7 and 7,,ii71 if the provider determines1 in consultation with parents and other professionals1 that the program is not the most appropriate placement for the child1 work with the parents to directly facilitate the transition of the child to a more appropriate placement2 7,g7 provides that funds received under section #aab7;a77#a7 will be used for a child care and early learning program for covered children2 7,h7 describes how1 in the case of a prime sponsor located within or adjacent to a metropolitan area1 the prime sponsor will coordinate activities with other prime sponsors located within such metropolitan area2 7,i7 provides that1 to the extent feasible1 the child care and early learning program will include children from a range of socioeconomic backgrounds1 and that children will have access to all child care and early learning service providers in the service area1 with priority given to the provider preferences stated by the parents and family members of low-income children2 7,j7 ensures that1 where socioeconomic diversity of children among providers in the service area cannot be achieved1 the share of program costs not covered through the ,federal share or program fees does not fall on a single provider or a subset of providers within the service area2 7,k7 provides that services will be culturally1 linguistically1 and developmentally appropriate2 7,l7 provides that services will take into account the unique needs of communities1 families1 and children in the service area1 including low-income children1 children with incarcerated parents1 homeless children1 and children who are dual language learners2 7,m7 describes a system for offering child care and early learning options1 for facilitating the selection of such an option1 and for enrollment of children1 which may include establishing and operating a website for families2 7,n7 describes how the prime sponsor will conduct outreach to all families in the service area and referrals1 using the appropriate medium for families who speak a language other than ,english2 7,o7 provides equitably for the child care and early learning needs of all covered children within the service area1 and promotes equity and addresses disparities in the provision of services1 including equity and disparities related to income1 culture1 race and ethnicity1 language1 or status as a child of a migrant or seasonal farmworker1 as a child belonging to an ,indian tribe1 or as a ,native ,hawaiian child2 7,p7 provides1 insofar as possible1 for coordination of the child care and early learning program with other social programs2 7,q7 provides for-- 7i7 direct participation of parents1 family members1 and child care and early learning program staff1 including teachers and paraprofessionals1 in the conduct of overall direction of1 decisionmaking for1 and evaluation of the child care and early learning program2 and 7ii7 sufficient support for the persons described in clause 7i7 to participate in the activities described in clause 7i72 7,r7 provides to the extent feasible for the employment as both professionals and paraprofessionals of residents in the service area in a way that takes into account the cultural1 racial and ethnic1 and linguistic diversity of the families served2 7,s7 includes to the extent feasible a career development plan for paraprofessional and professional training1 education1 and advancement on a career ladder2 7,t7 provides that1 insofar as possible1 persons residing in the service area will receive jobs1 including in-home and part-time jobs1 and opportunities for training in programs under sections #ace and #acf1 with special consideration for career opportunities for low-income individuals2 7,u7 provides for the regular and frequent dissemination of information in the language of those to be served1 to assure that parents1 family members1 and interested persons in the service area are fully informed of services available through the child care and early learning program1 and of the activities of the prime sponsor's ,child ,care and ,early ,learning ,council2 7,v7 provides for coordination with administrators of programs and services that are related to child care and early learning programs and services and that are not funded through this title1 including programs conducted under the auspices of or with the support of business or financial institutions or organizations1 industry1 labor unions1 employee or labor-management organizations1 or other community groups2 7,w7 as applicable1 describes any arrangements for the delegation1 under the supervision of the ,child ,care and ,early ,learning ,council1 to public or private agencies or organizations1 of responsibilities for the delivery of child care and early learning services for which financial assistance is provided under this title or for planning or evaluation services to be made available with respect to a child care and early learning program under this title2 7,x7 contains plans for regularly conducting surveys and analyses of needs for the child care and early learning program in the service area and for submitting to the ,secretary a comprehensive annual report and evaluation in such form and containing such information as the ,secretary shall require by regulation2 7,y7 provides that-- 7i7 services for children with disabilities at the ,state1 tribal1 and local levels will be available1 in the child care and early learning program approved under the plan2 and 7ii7 formal linkages are in place between the program and providers of early intervention services for infants and toddlers with disabilities2 7,z7 provides assurances satisfactory to the ,secretary that the non-,federal share requirements described in section #aab7;c7 will be met2 7,,aa7 provides for such fiscal control1 fiscal staffing1 and funding accounting procedures as the ,secretary may prescribe to assure proper disbursement of and accounting for ,federal funds paid to the prime sponsor2 7,,bb7 provides that the child care and early learning program1 or services within the program1 under this title shall be provided only for children whose parents or legal guardians have requested the services2 7,,cc7 sets forth satisfactory provisions for establishing1 consistent with subsection 7d77#a71 and maintaining a ,child ,care and ,early ,learning ,council which meets the requirements of subsection 7d72 7,,dd7 provides verification that the sponsor and its delegate providers-- 7i7 will recognize and bargain with labor unions representing family child care home providers1 teachers and other staff of child care and early learning programs in order to meet the requirements set forth in section #acf and for other purposes2 and 7ii7 will not assist in1 promote1 or deter labor union organizing2 7,,ee7 provides an annual technical assistance and training plan2 7,,ff7 provides for collection and reporting of program performance data in both an aggregate form and disaggregated by family income1 culture1 race and ethnicity1 and primary language2 7,,gg7 documents a written affirmation1 signed by the appropriate officials from ,indian tribes or tribal organizations approved by the tribes or ,native ,hawaiian groups1 which recognizes that the prime sponsor has engaged in timely and meaningful consultation with the appropriate officials from ,indian tribes or tribal organizations if-- 7i7 a program is being operated on or near an ,indian reservation1 or if more than #ae percent of children enrolled in the program are ,indians or ,native ,hawaiians2 and 7ii7 the prime sponsor is not an ,indian tribe or tribal organization2 7,,hh7 provides that services will be provided with a holistic and multi-generational approach that includes promoting the well-being of pregnant women and engaging expectant parents during prenatal and early months2 7,,ii7 describes how the sponsor will ensure that key workplace protections and rights1 similar to the protections and rights specified in the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 are provided2 7,,jj7 describes how the sponsor will implement a process in which1 through their labor unions1 family child care home providers and child care and early learning center staff participate in a collective process to set wages1 benefits1 hours1 and minimum standards for working conditions2 7,,kk7 describes how the sponsor will ensure that family child care home providers1 including teachers and other staff of family child care home providers1 and teachers and other staff at a child care and early learning center 7including employees of a delegate provider7 are paid compensation that meets the requirements of section #acf7;b72 7,,ll7 provides that the sponsor will provide teachers and other staff with supports that are high-quality1 research-based1 and rooted in adult learning theory2 7,,mm7 provides that the program will be accessible to1 and that staff will receive training on working with1 children with disabilities and parents with disabilities2 and 7,,nn7 meets any other requirements or provides any information the ,secretary requires by regulation4 7c7 ,uses ,the ,secretary shall provide the financial assistance to a prime sponsor1 for the planning1 conduct1 administration1 and evaluation of a child care and early learning program that delivers services in accordance with the requirements of the comprehensive child care and early learning plan specified under subsection 7b71 and for implementing the following activities3 7#a7 7,a7 ,provide for family member and community involvement1 including the involvement of parents1 family members1 community residents1 current or future staff of a child care and early learning program1 and local businesses1 in the design and implementation of the program4 7,b7 ,the prime sponsor shall-- 7i7 provide for the involvement in a manner that recognizes parents as their children's primary teachers and nurturers2 and 7ii7 implement intentional strategies to engage parents in their children's learning and development and support parent-child relationships4 7#b7 ,provide for implementing additional activities1 other than the activities described in paragraph 7#a71 that the ,secretary determines to be appropriate by regulation1 which additional activities may include-- 7,a7 activities to support family well-being related to family safety1 health1 and economic stability1 including substance abuse counseling 7either directly or through referral to local entities71 which may include providing information on the effect of prenatal exposure to drugs and alcohol2 and 7,b7 other activities designed to facilitate a partnership in the program with parents in supporting the development and early learning of their child1 including providing-- 7i7 training in basic child care and early learning 7including cognitive1 social1 and emotional development72 7ii7 assistance in developing adult or family literacy and communication skills2 7iii7 opportunities to share experiences with other parents 7including parent-mentor relationships72 7iv7 health services1 including information on maternal depression2 7v7 regular in-home visitation2 or 7vi7 family literacy services4 7#c7 ,provide1 with respect to each participating family1 a family needs assessment that includes consultation with the parents 7including1 in this paragraph1 foster parents1 grandparents1 and kinship caregivers1 where applicable7 in the family's preferred language or through an interpreter1 to the extent practicable1 and ensure parents have the opportunity to share personal information in an environment in which the parents feel safe4 7#d7 ,provide to parents of dual language learners outreach and information1 in an understandable and uniform format and1 to the extent practicable1 in a language that the parents can understand4 7#e7 ,promote the continued partnership in the program of the parents 7including1 in this paragraph1 foster parents1 grandparents1 and kinship caregivers1 as appropriate7 of children that participate in child care and early learning programs in the education of their children upon transition of their children to school1 by working with the local educational agency-- 7,a7 to implement strategies and activities1 including providing information and training to the parents-- 7i7 to help parents advocate for and promote successful transitions to kindergarten for their children1 including helping parents continue to be involved in the education and development of their child1 and to help parents understand and prepare to exercise their rights and responsibilities concerning the education of their children2 7ii7 in the case of parents with children who receive services under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq471 to collaborate with the parents1 and the local agency responsible for providing such services1 to support the children and parents in transitioning to a new setting in elementary school2 and 7iii7 to prepare parents-- 7,i7 to understand and work with schools in order to communicate with teachers and other school personnel2 7,,ii7 to continue to support their children's learning1 in an elementary school setting2 and 7,,iii7 to participate as appropriate in decisions relating to the education of their children and advocate for their children's needs2 and 7,b7 to advocate for the local educational agency to ensure that schools have a process in place to take other actions1 as appropriate and feasible1 to support the active involvement of the parents with schools1 school personnel1 and school-related organizations4 7#f7 ,establish effective procedures for timely referral of children with disabilities to the ,state or local agency providing services under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq471 and collaboration with that agency4 7#g7 ,establish effective procedures-- 7,a7 for providing necessary early intervention services and special education and related services to children with developmental delays and disabilities prior to an eligibility determination by the ,state or local agency responsible for providing services under section #fai or part ,c of such ,act2 and 7,b7 in the case of a child for whom an evaluation determines that the child is not eligible for early intervention services or special education and related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj71 but who has a documented significant delay1 for partnering with parents to help the parents access services and supports to help address the child's identified needs through health insurance or other means4 7#h7 ,ensure that each family with a covered child who requests a placement receives one in the service area and1 in making the placement1 recognize and take into account the family's needs regarding setting 7such as a family child care home or center-based setting71 cultural and linguistic preferences1 operating schedule1 and preferences on location4 7#i7 ,provide both center-based and family child care home options for child care and early learning services to families4 7d7 ,program governance 7#a7 ,advisory council ,upon receiving designation as a prime sponsor1 the prime sponsor shall establish a ,child ,care and ,early ,learning ,advisory ,council 7referred to in this section as a ,council7 and maintain the ,council to advise the prime sponsor and assist in the coordination of program services and implementation4 7#b7 ,state council ,in the event that the prime sponsor is a ,state1 the ,council shall coordinate activities with the ,state ,advisory ,council on ,early ,childhood ,education and ,care designated or established under section #fdb;,b7b7 in the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b774 7#c7 ,overall composition 7,a7 ,in general ,the ,secretary shall establish the composition requirements for the ,council ensuring that the ,council has representation of-- 7i7 parents or family members of children served by child care and early learning programs2 7ii7 staff and providers of child care and early learning programs1 or their representatives2 and 7iii7 other relevant stakeholders4 7,b7 ,representation ,members of the ,council shall reflect the population served by the prime sponsor1 with respect to income1 culture1 race and ethnicity1 language1 and status as a migrant or seasonal farmworker1 ,indian1 or ,native ,hawaiian4 7#d7 ,chairperson ,each ,council shall select its own chairperson1 from among the members of the ,council4 7#e7 ,conflict of interest 7,a7 ,in general ,members of the ,council shall-- 7i7 not have a financial conflict of interest with the prime sponsor2 7ii7 not receive compensation for serving on the ,council or for providing services to the prime sponsor2 7iii7 not be employed1 nor shall members of their immediate family be employed1 by a prime sponsor in the service area2 and 7iv7 as a ,council1 operate as an entity independent of staff employed by the prime sponsor4 7,b7 ,exception ,if an individual holds a position as a result of public election or political appointment1 and such position carries with it a concurrent appointment to serve as a member of a ,council1 and such individual has any conflict of interest described in clause 7ii7 or 7iii7 of subparagraph 7,a7-- 7i7 such individual shall not be prohibited from serving on such body and the ,council shall report such conflict to the ,secretary2 and 7ii7 if the position held as a result of public election or political appointment provides compensation1 such individual shall not be prohibited from receiving such compensation4 7#f7 ,responsibilities ,the ,council shall provide regular advice and guidance to the prime sponsor on the basic goals1 policies1 actions1 and procedures1 at a basic level1 for the prime sponsor relating to the child care and early learning program involved1 including policies with respect to planning1 general supervision and oversight1 overall coordination1 personnel1 budgeting1 funding1 and monitoring and evaluation1 of the programs4 7e7 ,program governance administration 7#a7 ,impasse policies ,the ,secretary shall develop policies1 procedures1 and guidance for prime sponsors concerning the resolution of internal disputes1 including any impasse in the governance of child care and early learning programs4 7#b7 ,conduct of responsibilities ,each prime sponsor shall ensure the sharing of accurate and regular information for use by the ,council1 about program planning1 policies1 and operations4 7#c7 ,training and technical assistance ,appropriate training and technical assistance shall be provided to the members of the ,council to ensure that the members understand the information the members receive and can effectively oversee and participate in the child care and early learning program of the prime sponsor4 7f7 ,collaboration and coordination ,on receiving designation as a prime sponsor1 the prime sponsor shall ensure that the child care and early learning program is implemented in a way that promotes collaboration and coordination with public and private entities1 to the maximum extent practicable1 to improve the availability and quality of services to children and families1 including implementing each of the following activities3 7#a7 ,conduct outreach to schools in which children participating in the child care and early learning program will enroll following the program1 local educational agencies1 the local business community1 community-based organizations1 faith-based organizations1 museums1 health care providers1 and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness4 7#b7 ,coordinate activities and collaborate with entities 7including providers7 carrying out programs under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq471 section #ajf of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a71 parts ,b and ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fgj et seq471 subtitle ,b of title ,,vii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadca et seq471 section #fai and part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq471 or the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 and other entities providing early childhood education and development programs or services4 7#c7 ,take steps to coordinate activities with the local educational agency serving the service area involved and with schools in which children participating in the child care and early learning program will enroll following the program1 including-- 7,a7 collaborating on the shared use of transportation and facilities1 in appropriate cases2 7,b7 collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation2 and 7,c7 exchanging information on the provision of noneducational services4 7#d7 ,if there is a public preschool program in the service area that is not a prime sponsor nor a participant in the child care and early learning program1 enter into a memorandum of understanding with the local entity responsible for managing the preschool program1 not later than #a year after the date of enactment of this ,act1 that shall-- 7,a7 7i7 provide for a review of each of the activities described in clause 7ii72 and 7ii7 include plans to coordinate1 as appropriate1 activities regarding-- 7,i7 educational activities1 curricular objectives1 and instruction2 7,,ii7 public information dissemination and access to programs for families contacting the child care and early learning program or the preschool program2 7,,iii7 selection priorities for eligible children to be served by the child care and early learning program or any of the preschool programs2 7,,iv7 service areas2 7,v7 staff training1 including opportunities for joint staff training on topics such as academic content standards1 instructional methods1 curricula1 and social and emotional development2 7,,vi7 program technical assistance2 7,,vii7 provision of additional services to meet the needs of parents or family members1 as applicable2 7,,viii7 communications and outreach to parents and family members for smooth transitions to kindergarten as required in paragraphs 7#c7 and 7#f7 of section #abb7;a72 7,,ix7 provision and use of facilities1 transportation1 and other program elements2 and 7,x7 other elements mutually agreed to by the parties to such memorandum2 7,b7 be submitted to the ,secretary and the ,state ,director of ,child ,care and ,early ,learning ,program ,collaboration not later than #cj days after the parties enter into such memorandum2 and 7,c7 be revised periodically and renewed biennially by the parties to such memorandum1 in alignment with the beginning of the school year4 ,the requirements of the preceding sentence shall not apply where the local entity responsible for managing the public preschool program is unable or unwilling to enter into such a memorandum1 and the prime sponsor shall inform the ,secretary and the ,state ,director of ,child ,care and ,early ,learning ,program ,collaboration of such inability or unwillingness4 7g7 ,standards1 curricula1 and assessment ,on receiving designation as a prime sponsor1 the prime sponsor shall ensure that the child care and early learning program will-- 7#a7 take steps to ensure1 to the maximum extent practicable1 that children maintain the developmental and educational gains achieved and build upon such gains in further schooling2 7#b7 meet the national program standards set forth in section #aba7;a72 7#c7 implement a research-based early childhood curriculum that-- 7,a7 promotes young children's school readiness in the areas listed in section #aba7;a77#d77;,a77ii72 7,b7 is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation2 7,c7 is comprehensive and linked to an ongoing assessment and aligned with ,state early learning standards1 within the meaning of section #fcg of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcb71 which is conducted not more than twice a year1 with developmental and learning goals and measurable objectives2 and 7,d7 is focused on improving the learning environment1 teaching practices1 parent and family member involvement1 and child outcomes across all areas of development2 7#d7 implement effective interventions and support services that help promote the school readiness of children participating in the child care and early learning program involved2 7#e7 use research-based assessment methods1 including such methods that provide proven results regardless of culture1 race or ethnicity1 or language spoken at home1 in order to support the educational instruction and school readiness of children in the program2 7#f7 use research-based developmental screening tools that have been demonstrated to be-- 7,a7 standardized1 reliable1 valid1 and accurate for the child being assessed1 to the maximum extent practicable2 and 7,b7 age1 developmentally1 culturally1 and linguistically appropriate1 for the child and1 if relevant1 appropriate for children with disabilities2 7#g7 adopt1 in consultation with experts in child care and early learning and with classroom teachers1 a non-punitive evaluation to assess classroom teachers and to inform professional development plans1 as appropriate1 that leads to improved teacher effectiveness2 7#h7 establish goals and measurable objectives for the provision of health1 educational1 nutritional1 social services1 and other services provided under this title and related to the program mission and to promoting school readiness2 7#i7 develop procedures for identifying and promoting the language knowledge and skills of dual language learner children2 and 7#aj7 not use funds to develop or implement an assessment for children that-- 7,a7 will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title2 7,b7 will be used as the primary or sole basis for providing a reward or sanction for an individual provider2 7,c7 will be used as the primary or sole basis for assessing program effectiveness2 or 7,d7 will be used to deny children eligibility to participate in the program carried out under this title4 7h7 ,exceptions ,nothing in this title shall preclude a ,state from using a single assessment 7as determined by the ,state7 for children for-- 7#a7 supporting learning or improving a classroom environment2 7#b7 targeting professional development to a provider2 7#c7 determining the need for health1 mental health1 disability1 developmental delay1 or family support services2 7#d7 obtaining information for the quality improvement process at the ,state level2 or 7#e7 conducting a program evaluation for the purposes of improving the program and providing information to parents4 7i7 ,funded enrollment ,each prime sponsor shall enroll #ajj percent of its funded enrollment1 with ongoing outreach to the community and activities to identify underserved populations4 7j7 ,sliding fee scale 7#a7 ,in general ,with respect to child care and early learning services provided through the program1 a prime sponsor-- 7,a7 shall not charge a fee with respect to any low-income child2 and 7,b7 may charge a fee with respect to any child who is not a low-income child1 in accordance with the sliding fee scale described in paragraph 7#b7 and subject to paragraph 7#c74 7#b7 ,sliding fee scale ,a fee under this subsection shall be charged based on a sliding fee scale as follows3 7,a7 ,with respect to a child who is in a family with a family income that is more than #bjj percent of the poverty line but not more than #bej percent of the poverty line1 the fee under this subsection shall not exceed #a percent of the family income4 7,b7 ,with respect to a child who is in a family with a family income that is more than #bej percent of the poverty line but not more than #cjj percent of the poverty line1 the fee under this subsection shall not exceed #b percent of the family income4 7,c7 ,with respect to a child who is in a family with a family income that is more than #cjj percent of the poverty line but not more than #cej percent of the poverty line1 the fee under this subsection shall not exceed #c percent of the family income4 7,d7 ,with respect to a child who is in a family with a family income that is more than #cej percent of the poverty line but not more than #djj percent of the poverty line1 the fee under this subsection shall not exceed #d percent of the family income4 7,e7 ,with respect to a child who is in a family with a family income that is more than #djj percent of the poverty line but not more than #dej percent of the poverty line1 the fee under this subsection shall not exceed #e percent of the family income4 7,f7 ,with respect to a child who is in a family with a family income that is more than #dej percent of the poverty line but not more than #ejj percent of the poverty line1 the fee under this subsection shall not exceed #f percent of the family income4 7,g7 ,with respect to a child who is in a family with a family income that is more than #ejj percent of the poverty line1 the fee under this subsection shall not exceed #g percent of the family income4 7#c7 ,fee percentage applicable regardless of number of children served ,the total fee for a family that is subject to the fee under this subsection and has more than #a child served through the program-- 7,a7 may increase as the family enters the second or a further child in the program2 but 7,b7 may not be greater than the fee allowed under paragraph 7#b74 7k7 ,parent boards ,the prime sponsor shall require the establishment1 at each child care and early learning center1 of a board of parents1 to be composed of parents and family members of children attending the center4 ,the board shall meet periodically with staff of the center for the purpose of discussing problems and concerns4 7l7 ,rules of construction ,nothing in this title shall be construed to alter or otherwise affect the rights1 remedies1 and procedures afforded to staff of child care and early learning programs or delegate providers1 or employees of public schools1 or local educational agencies1 under ,federal1 ,state1 tribal1 or local laws 7including applicable regulations or court orders7 or under the terms of collective bargaining agreements1 memoranda of understanding1 or other agreements between such staff or employees1 and the corresponding program1 provider1 school1 or agency4 #aae4 ,delegate providers 7a7 ,in general ,a prime sponsor may use financial assistance made available under section #aab7;a77#a7 to enter into an agreement with a delegate provider to carry out services as part of the child care and early learning program4 7b7 ,application ,to be able to receive financial assistance under subsection 7a7 for a fiscal year as a delegate provider to carry out services as part of the child care and early learning program1 a public or private agency or organization shall submit a delegate provider application to a prime sponsor1 at such time and in such manner as the prime sponsor may require1 that provides-- 7#a7 that the delegate provider applicant is an entity that is a locality1 local educational agency1 faith-based organization1 public or private nonprofit or for-profit agency or organization1 family child care network or association1 employer or business organization1 labor union1 employee or labor-management organization1 home-based child care provider1 or public or private educational agency or institution2 and 7#b7 that the entity will provide for such fiscal control and fund accounting procedures as the ,secretary shall prescribe to assure proper disbursement of and accounting for ,federal funds4 7c7 ,approval ,a delegate provider application may be approved by a prime sponsor upon its determination that such application meets the requirements of this section and that the services to be provided will otherwise further the objectives and satisfy the appropriate provisions of the prime sponsor's child care and early learning plan as approved pursuant to section #aad4 ,on approval of the application1 the entity shall be considered to be a delegate provider1 for purposes of this title4 7d7 ,family and community involvement ,prime sponsors shall involve parents1 family members1 and community members in the selection process of delegate providers4 ,b ,standards #aba4 ,national program standards1 monitoring of child care and early learning programs 7a7 ,standards for child care and early learning services 7#a7 ,issuance 7,a7 ,national program standards ,within #ah months after the date of enactment of this ,act1 the ,secretary shall1 after consultation with other ,federal agencies1 and on the basis of the recommendations of the ,committee established pursuant to paragraph 7#c71 issue a common set of national program standards which shall be applicable to all prime sponsors1 with respect to their child care and early learning programs providing child care and early learning services with financial assistance under this title1 to be known as the ,federal ,standards for ,child ,care and ,early ,learning ,services4 7,b7 ,baseline for knowledge1 skills1 and competencies ,the standards shall establish a baseline threshold for knowledge1 skills1 and competencies for child care and early learning teachers and staff that-- 7i7 shall be aligned with compensation levels2 7ii7 shall be phased in2 and 7iii7 shall be determined by the ,secretary to be in alignment with the knowledge1 skills1 and competency expectations of the child care and early learning1 or early childhood education1 profession4 7#b7 ,comprehensiveness ,as appropriate and practicable1 the ,secretary shall make efforts to ensure that the ,federal ,standards for ,child ,care and ,early ,learning ,services are as comprehensive as the ,head ,start program performance standards in section #fda;,a7a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a7a771 and the performance standards for providers and programs issued under the military child care program4 7#c7 ,special committee 7,a7 ,appointment ,the ,secretary shall1 within #fj days after the date of enactment of this ,act1 appoint a ,special ,committee on ,federal ,standards for ,child ,care and ,early ,learning ,services4 7,b7 ,composition ,the ,committee shall include-- 7i7 parents or legal guardians of children participating in child care and early learning programs2 7ii7 representatives of prime sponsors carrying out child care and early learning programs2 7iii7 representatives of staff of child care and early learning programs1 including teachers2 7iv7 representatives of tribes and tribal organizations carrying out child care and early learning programs on ,indian land2 7v7 representatives of family child care home providers1 staff and employers for center-based child care and early learning programs1 and family child care home providers in child care and early learning programs2 and 7vi7 specialists covering the areas of child care and early learning quality1 workforce preparation1 working conditions1 and wages1 and early childhood development4 7,c7 ,diversity ,the ,secretary shall ensure that the membership of the ,committee is diverse with regard to culture1 race and ethnicity1 and language4 7,d7 ,duties ,such ,committee shall recommend ,federal ,standards for ,child ,care and ,early ,learning ,services and modifications of such standards as provided in paragraph 7#a74 7#d7 ,content of standards ,the standards shall include-- 7,a7 performance standards with respect to services required to be provided1 including health1 nutritional1 and social services1 and other services1 including parental and family member involvement services and transition activities described in section #abb2 7,b7 scientifically based and developmentally appropriate early development and learning performance standards related to school readiness to ensure that the children participating in the child care and early learning program1 at a minimum1 develop and demonstrate-- 7i7 language knowledge and skills1 including oral language and listening comprehension2 7ii7 literacy knowledge and skills1 including phonological awareness1 print awareness and skills1 and alphabetic knowledge2 7iii7 mathematics knowledge and skills2 7iv7 science knowledge and skills2 7v7 cognitive abilities that support academic achievement and child care and early learning2 7vi7 approaches to learning related to child care and early learning2 7vii7 social and emotional development sufficient to be a foundation for early learning1 school success1 and social problem-solving2 7viii7 creative arts expression2 7ix7 physical development2 and 7x7 in the case of dual language learner children1 progress toward language knowledge and development1 including progress made through the use of culturally and linguistically appropriate instructional services2 7,c7 administrative and financial management standards2 7,d7 standards relating to the condition and location of facilities 7including indoor air quality assessment standards1 where appropriate7 for such prime sponsors1 including regulations that require that the facilities used for child care and early learning programs for regularly scheduled center-based and combination program option classroom activities-- 7i7 shall meet or exceed ,state and local requirements concerning licensing for such facilities2 and 7ii7 shall be accessible by ,state and local authorities for purposes of monitoring and ensuring compliance1 unless ,state or local laws prohibit such access2 7,e7 standards related to the work environment1 including standards for the health and safety1 and well-being1 of teachers and other staff in the child care and early learning programs2 and 7,f7 such other standards as the ,secretary finds to be appropriate4 7#e7 ,considerations regarding standards ,in developing standards required under paragraph 7#a71 the ,secretary shall-- 7,a7 consult with experts in the fields of child care and early learning1 early childhood education1 child health care1 family services 7including linguistically and culturally appropriate services to dual language learner children and their families71 administration1 and financial management1 and with persons with experience in the operation of child care and early learning programs2 7,b7 take into consideration-- 7i7 past experience with use of the standards in effect under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 on the date of enactment of the ,improving ,head ,start for ,school ,readiness ,act of #bjjg2 7ii7 developments concerning research-based practices with respect to early childhood education and development1 children with disabilities1 homeless children1 children in foster care1 and family services1 and best practices with respect to program administration and financial management2 7iii7 appropriateness of standards for prime sponsors with respect to their programs1 recognizing differences in types of settings 7including center-based and home-based settings71 geography of the service area1 and the culture1 language1 and age distribution of the children served2 7iv7 projected needs of expanding child care and early learning programs2 7v7 guidelines and standards that promote child health and physical development1 including participation in outdoor activity that supports children's motor development and overall health and nutrition2 7vi7 changes in the characteristics of the population of children who are accessing child care and early learning programs1 including country of origin1 language background1 and family structure of such children1 and changes in the population and number of such children who are in foster care or are homeless children2 7vii7 mechanisms to ensure that children participating in child care and early learning programs make a successful transition to the schools that the children will be attending2 7viii7 the need for prime sponsors to maintain regular communications with parents and family members1 including conducting periodic meetings to discuss the progress of individual children in child care and early learning programs2 7ix7 the unique challenges faced by individual programs1 including those programs that are seasonal or short-term and those programs that serve rural populations2 7x7 the degree to which standards are streamlined and minimize administrative burdens on child care and early learning program providers2 7xi7 the depth of demonstrated skills1 experiences1 and linguistic1 cultural1 and racial and ethnic1 diversity of providers for child care and early learning programs2 and 7xii7 the input of parents and family members2 7,c7 7i7 review and revise as necessary the standards in effect under this subsection2 and 7ii7 ensure that any such revisions in the standards will not result in the elimination of or any reduction in quality1 scope1 or types of health1 educational1 nutritional1 social1 or other services1 including parental and family member involvement services1 required to be provided under such standards as in effect on the date of enactment of this ,act2 and 7,d7 consult with appropriate officials from ,indian tribes and tribal organizations1 experts in ,indian or ,native ,hawaiian early childhood education and development1 linguists1 and associations related to child care and early learning programs providing services for children belonging to ,indian tribes or ,native ,hawaiian children1 on the review and promulgation of standards under paragraph 7#a7 7including standards for ,indian or ,native ,hawaiian1 as the case may be1 language acquisition and school readiness74 7#f7 ,adequate time to meet standards ,the ,secretary shall establish an effective date for the standards that allows adequate time for prime sponsors to meet the standards after they have been issued4 7b7 ,uniform code for facilities 7#a7 ,establishment of special committee ,the ,secretary shall1 within #fj days after the date of enactment of this ,act1 appoint a special committee to develop and recommend a uniform code for facilities1 to be used as described in paragraph 7#d74 ,the standards in the code shall deal principally with those aspects of facilities that are essential to the health1 safety1 and physical comfort of the children involved and the aspects of facilities that are related to the ,federal ,standards for ,child ,care and ,early ,learning ,services under subsection 7a77#a74 ,in recommending the provisions of the code1 the ,secretary shall take into consideration the differences between child care centers and family child care homes4 7#b7 ,composition of committee ,the special committee appointed under this subsection shall include parents or family members of children participating in child care and early learning programs and representatives of ,state and local facility licensing agencies1 of public health officials1 of fire prevention officials1 of the construction industry and labor unions1 of prime sponsors1 of center-based providers and family child care home providers1 and of national agencies or organizations interested in the development of children4 ,not less than one-half of the membership of the committee shall consist of parents or family members of children participating in child care and early learning programs conducted under this title4 7#c7 ,proposed code ,within #a year after its appointment1 the special committee-- 7,a7 shall develop standards for a proposed uniform code for facilities in which child care and early learning services are provided2 and 7,b7 shall hold public hearings on the proposed code prior to submitting its final recommendation to the ,secretary for approval4 7#d7 ,promulgation ,after considering the recommendations submitted by the special committee in accordance with paragraph 7#c71 the ,secretary shall promulgate standards for a uniform code described in paragraph 7#c77;,a71 which shall be applicable to all facilities receiving ,federal financial assistance under this title4 ,if the ,secretary disapproves the committee's recommendations1 the ,secretary shall state the reasons for the disapproval4 ,the ,secretary shall also distribute such standards and urge their adoption by ,states and local governments for facilities in which child care and early learning services are provided4 ,the ,secretary may from time to time modify the uniform code for facilities in accordance with procedures set forth in this subsection4 7#e7 ,adequate time to meet facilities code ,the ,secretary shall establish an effective date for the code that allows adequate time for prime sponsors to meet the code after it has been promulgated4 7#f7 ,state code for facilities ,paragraphs 7#a7 through 7#e7 shall not apply in a ,state for which the ,secretary1 after consultation with the special committee referred to in paragraph 7#b71 makes a determination that the ,state's uniform code for facilities or a similar facilities code or set of standards that applies to centers and family child care homes that participate in a child care and early learning program under this title1 is sufficient to meet the health1 safety1 and physical comfort goals of this subsection4 7c7 ,measures 7#a7 ,in general ,the ,secretary1 in consultation with representatives of child care and early learning programs1 ,indian tribes and tribal organizations1 parents and family members of children in such programs1 and teachers and other staff in such programs1 and with experts in the fields of early childhood education and development1 family services1 and program management1 shall use the study on ,developmental ,outcomes and ,assessments for ,young ,children by the ,national ,academy of ,sciences1 consistent with section #fdi7;j7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihdd7;j771 and other relevant research to establish1 inform1 revise1 and provide guidance to prime sponsors for utilizing1 scientifically based measures that support1 as appropriate-- 7,a7 classroom instructional practices and1 for infants and toddlers1 responsive caregiving practices that support early learning and development2 7,b7 identification of children with special needs2 7,c7 program evaluation2 and 7,d7 administrative and financial management practices4 7#b7 ,characteristics of measures ,the measures under this subsection shall-- 7,a7 be developmentally1 linguistically1 and culturally appropriate for the population served2 7,b7 be reviewed periodically1 based on advances in the science of early childhood development2 7,c7 be consistent with relevant1 nationally recognized professional and technical standards related to the assessment of young children2 7,d7 be valid and reliable in the language in which the measures are administered2 7,e7 be administered by staff with appropriate training for such administration2 7,f7 provide for appropriate accommodations for children with disabilities and dual language learner children2 7,g7 be high-quality research-based measures that have been demonstrated to assist with the purposes for which the measures were devised2 and 7,h7 be adaptable1 as appropriate1 for use in the self-assessment of prime sponsors1 including in the evaluation of administrative and financial management practices4 7#c7 ,use of measures2 limitations on use 7,a7 ,use ,the measures shall be designed1 as appropriate1 for the purpose of-- 7i7 helping to develop the skills1 knowledge1 abilities1 and development described in subsection 7a77#d77;,a77ii7 of children participating in child care and early learning programs1 with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children's school readiness and later success in school2 7ii7 improving classroom practices1 including reviewing children's strengths and weaknesses and individualizing instruction to better meet the needs of the children involved and1 for infants and toddlers1 ensuring the opportunity for one-on-one interaction that facilitates early learning and development2 7iii7 identifying the special needs of children2 and 7iv7 improving overall program performance in order to help prime sponsors identify problem areas that may require additional training and technical assistance resources4 7,b7 ,limitations ,such measures shall not be used for an assessment for children that-- 7i7 will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title2 7ii7 will be used as the primary or sole basis for providing a reward or sanction for an individual provider2 7iii7 will be used as the primary or sole basis for assessing program effectiveness2 or 7iv7 will be used to deny children eligibility to participate in the program carried out under this title4 7,c7 ,exceptions ,nothing in this subchapter shall preclude a ,state from using a single assessment 7as determined by the ,state7 for children for-- 7i7 supporting learning or improving a classroom environment2 7ii7 targeting professional development to a provider2 7iii7 determining the need for health1 mental health1 disability1 developmental delay1 or family support services2 7iv7 obtaining information for the quality improvement process at the ,state level2 or 7v7 conducting a program evaluation for the purposes of improving the program and providing information to parents4 7#d7 ,confidentiality 7,a7 ,in general ,the ,secretary1 through regulation1 shall ensure the confidentiality of any personally identifiable data1 information1 and records collected or maintained under this title by the ,secretary and any prime sponsors4 ,such regulations shall provide the policies1 protections1 and rights equivalent to those provided to a parent1 student1 and educational agency or institution1 as the case may be1 under section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7,b7 ,rule of construction on nationwide database ,nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data1 information1 or records on children resulting from the use of measures under this subsection4 7#e7 ,special rule 7,a7 ,prohibition ,the use of assessment items and data on any assessment authorized under this title by any agent of the ,federal ,government is prohibited for the purposes of-- 7i7 ranking1 comparing1 or otherwise evaluating individual children for purposes other than research1 training1 or technical assistance2 and 7ii7 providing rewards or sanctions for individual children or teachers4 7,b7 ,results ,the ,secretary shall not use the results of a single such assessment as the sole method for assessing program effectiveness or making agency funding determinations at the national1 regional1 or local level under this title4 7d7 ,monitoring of local prime sponsors and child care and early learning programs ,the ,secretary1 in consultation with representatives of child care and early learning programs1 ,indian tribes and tribal organizations1 parents and family members of children in such programs1 teachers and other staff in such programs1 and with experts in the fields of early childhood education and development1 family services1 and program management1 shall establish and implement monitoring procedures for prime sponsors and their child care and early learning programs 7which may be based on the ,head ,start program monitoring procedures described in section #fda;,a7c7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a7c771 and the monitoring procedures being implemented for the military child care program7-- 7#a7 to determine whether prime sponsors meet standards described in subsection 7a77#a7 established under this title with respect to program1 administrative1 financial management1 and other requirements2 and 7#b7 in order to help the prime sponsors identify areas for improvement and areas of strength as part of their ongoing self-assessment process4 7e7 ,corrective action for prime sponsors 7#a7 ,determination ,if the ,secretary determines1 on the basis of a review pursuant to subsection 7d71 that a prime sponsor designated pursuant to this title fails to meet the standards described in subsection 7a77#a71 the ,secretary shall-- 7,a7 inform the prime sponsor of the deficiencies that shall be corrected and identify the assistance to be provided consistent with paragraph 7#c72 7,b7 with respect to each identified deficiency1 require the prime sponsor-- 7i7 to correct the deficiency immediately1 if the ,secretary finds that the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of ,federal funds2 7ii7 to correct the deficiency not later than #ij days after the identification of the deficiency if the ,secretary finds1 in the discretion of the ,secretary1 that such a #ij-;day period is reasonable1 in light of the nature and magnitude of the deficiency2 or 7iii7 in the discretion of the ,secretary 7taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency71 to comply with the requirements of paragraph 7#b7 concerning a quality improvement plan2 and 7,c7 initiate proceedings to terminate the designation of the prime sponsor unless the prime sponsor corrects the deficiency4 7#b7 ,quality improvement plan 7,a7 ,prime sponsor and program responsibilities ,to retain a designation as a prime sponsor under this title1 a prime sponsor that is the subject of a determination described in paragraph 7#a7 7excluding a prime sponsor required to correct a deficiency immediately or during a #ij-;day period under clause 7i7 or 7ii7 of paragraph 7#a77;,b77 shall-- 7i7 develop in a timely manner1 a quality improvement plan that shall be subject to the approval of the ,secretary1 and that shall specify-- 7,i7 the deficiencies to be corrected2 7,,ii7 the actions to be taken to correct such deficiencies2 and 7,,iii7 the timetable for accomplishment of the corrective actions specified2 and 7ii7 correct each deficiency identified1 not later than the date for correction of such deficiency specified in such plan 7which shall not be later than #a year after the date the prime sponsor that is determined to have a deficiency received notice of the determination and of the specific deficiency to be corrected74 7,b7 ,secretarial responsibility ,not later than #cj days after receiving from a prime sponsor a proposed quality improvement plan pursuant to subparagraph 7,a71 the ,secretary shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved4 7#c7 ,training and technical assistance ,the ,secretary shall provide training and technical assistance to the prime sponsor with respect to the development or implementation of such quality improvement plans to the extent the ,secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities4 7f7 ,summaries of monitoring outcomes 7#a7 ,in general ,not later than #abj days after the end of each fiscal year1 the ,secretary shall publish a summary report on the findings of reviews conducted under subsection 7d7 and on the outcomes of quality improvement plans implemented under subsection 7e71 during such fiscal year4 7#b7 ,report availability ,such report shall be made widely available to-- 7,a7 parents and family members with children receiving assistance under this title-- 7i7 in an understandable and uniform format2 and 7ii7 to the extent practicable1 in a language that the parents and family members understand2 7,b7 the public through means such as-- 7i7 distribution through public agencies2 and 7ii7 posting such information on the ,internet2 and 7,c7 ,indian tribes and tribal organizations4 7#c7 ,report information ,such report shall contain detailed data-- 7,a7 on compliance with specific standards and measures2 and 7,b7 sufficient to allow prime sponsors to use such data to improve the quality of their programs4 7g7 ,self-,assessment 7#a7 ,in general ,not less frequently than once each program year1 with the consultation and participation of the ,child ,care and ,early ,learning ,council and1 as appropriate1 other interested persons in the service area1 each prime sponsor that receives financial assistance under this title shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives and in implementing and complying with standards described in subsection 7a77#a74 7#b7 ,ongoing monitoring ,each prime sponsor shall establish and implement procedures for the ongoing monitoring of its child care and early learning program1 to ensure that the operations of the program work toward meeting program goals and objectives and implementing and complying with standards described in subsection 7a77#a74 7h7 ,accreditation ,the ,secretary shall require that each child care and early learning center meet1 not later than #f years after receiving financial assistance under this title1 standards of operation necessary for accreditation by an appropriate national early childhood programs accreditation body that was in existence on the date of enactment of this ,act4 #abb4 ,prime sponsor alignment with k-#ab education 7a7 ,in general ,each prime sponsor shall take steps to coordinate with the local educational agency serving the service area and with schools in which children participating in a child care and early learning program will enroll following such program to promote continuity of services and effective transitions1 including-- 7#a7 developing and implementing a systematic procedure for transferring1 with parental consent1 child care and early learning program records for each participating child to the school in which such child will enroll2 7#b7 establishing ongoing channels of communication between child care and early learning program staff and their counterparts in the schools 7including teachers1 social workers1 local educational agency liaisons designated under section #gbb7;g77#a77;,j77ii7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcb7;g77#a77;,j77ii771 and health staff7 to facilitate coordination of programs2 7#c7 establishing ongoing communications between the prime sponsor and local educational agency for developing continuity of developmentally appropriate curricular objectives and for shared expectations for children's learning and development as the children transition to school2 7#d7 organizing and participating in joint training1 including transition-related training for school staff and child care and early learning program staff2 7#e7 establishing comprehensive transition policies and procedures that support children transitioning to school1 including by engaging the local educational agency in the establishment of such policies2 7#f7 conducting outreach to parents and elementary school 7such as kindergarten7 teachers to discuss the educational1 developmental1 and other needs of individual children2 7#g7 helping parents of dual language learner children understand-- 7,a7 the instructional and other services provided by the school in which such child will enroll after participation in the child care and early learning program2 and 7,b7 as appropriate1 the information provided to parents of dual language learners under section #aaab7;e77#c7 of the ,elementary and ,secondary ,education ,act of the #aife 7#bj ,u4,s4,c4 #fcab7;e77#c772 7#h7 developing and implementing a family outreach and support program1 in cooperation with entities carrying out parent and family engagement efforts under title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 and family outreach and support efforts under subtitle ,b of title ,,vii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadca et seq471 taking into consideration the language needs of parents of dual language learner children2 7#i7 assisting families1 administrators1 and teachers in enhancing educational and developmental continuity and continuity of parental involvement in activities between child care and early learning services and elementary school classes2 7#aj7 linking the services provided in such child care and early learning program with educational services1 including services relating to language1 literacy1 and numeracy1 provided by such local educational agency2 7#aa7 helping parents 7including in this paragraph grandparents and kinship caregivers1 as appropriate7 to understand the importance of parental involvement in a child's academic success while teaching the parents strategies for maintaining parental involvement as their child moves from a child care and early learning program to elementary school2 7#ab7 helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in the child care and early learning program2 and 7#ac7 developing and implementing a system to increase child care and early learning program participation of underserved populations of eligible children4 7b7 ,dissemination and technical assistance ,the ,secretary shall-- 7#a7 disseminate to prime sponsors information on effective policies and activities relating to the transition of children from child care and early learning programs to public schools2 and 7#b7 provide technical assistance to such prime sponsors to promote and assist such prime sponsors to adopt and implement such effective policies and activities4 #abc4 ,adequate nutrition services ,in accordance with the purposes of this title1 the ,secretary shall establish procedures to assure that adequate nutrition services will be provided in child care and early learning programs under this title4 ,in assuring the provision of those services1 the ,secretary may enter into an arrangement with the ,secretary of ,agriculture to make use of the summer food service program and the child and adult care food program carried out under sections #ac and #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfa1 #agff7 and relevant programs under the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq471 to the fullest extent appropriate and consistent with the provisions of such ,acts4 #abd4 ,participation in child care and early learning programs 7a7 ,in general ,the ,secretary shall by regulation prescribe eligibility for the participation of persons in child care and early learning programs assisted under this title4 7b7 ,eligible ages ,such regulation shall provide that all children who are not younger than the age of #f weeks and are younger than the age of compulsory school attendance shall be eligible regardless of family income1 disability status1 citizenship status1 employment of a family member1 or circumstance4 7c7 ,prime sponsor eligibility determination responsibilities ,a prime sponsor shall-- 7#a7 determine eligibility under this title based on standards prescribed by the ,secretary under subsection 7a72 7#b7 not establish more stringent or exclusive requirements for eligibility under this title than the eligibility standards prescribed by the ,secretary2 and 7#c7 serve all families that request child care and early learning services through the prime sponsor's program4 ,c ,administration #aca4 ,the ,office of ,child ,care 7a7 ,principal agency ,the ,office of ,child ,care of the ,department of ,health and ,human ,services shall be the principal agency of the ,department for the administration of this title and for the coordination of child care and early learning programs and other activities relating to child care and early learning4 7b7 ,coordination of child care programs 7#a7 ,in general 7,a7 ,department of ,health and ,human ,services ,the ,secretary shall take all necessary action to coordinate child care and early learning programs under the ,secretary's jurisdiction1 including with the ,office of ,head ,start4 7,b7 ,department of ,education ,the ,secretary shall take all necessary action to coordinate such programs with the ,department of ,education4 7#b7 ,regulations ,the ,secretary shall promulgate regulations to assure that entities that are funded by the ,department of ,health and ,human ,services to carry out activities relating to child care and early learning will coordinate the activities with the programs carried out under this title4 7#c7 ,technical assistance ,the ,secretary shall ensure that joint technical assistance efforts will result in the development of coordinated efforts-- 7,a7 between the offices within the ,department of ,health and ,human ,services2 and 7,b7 between the ,department of ,health and ,human ,services and other ,federal agencies1 including the ,department of ,education1 that carry out those activities4 7c7 ,procedures1 policies1 regulations ,the ,secretary may establish such procedures1 policies1 and regulations as may be necessary to carry out this title4 #acb4 ,administrative requirements and standards 7a7 ,requirements and standards 7#a7 ,in general ,the ,secretary shall establish administrative requirements and standards consistent with the requirements and standards described in subsections 7a7 through 7f71 and 7h71 of section #fdd of the ,head ,start ,act 7#db ,u4,s4,c4 #ihci74 ,the established requirements and standards shall apply to the child care and early learning programs carried out under this title1 and the prime sponsors carrying out such programs1 as the case may be4 7#b7 ,adjustments ,the ,secretary may make such adjustments to the requirements1 standards1 qualifications1 development activities1 and limitations specified in paragraph 7#a7 and sections #acc7;a71 #acd1 #acf7;a71 #aci1 and #ada1 as may be necessary to ensure effective administration of this title4 7#c7 ,administrative controls ,the ,secretary shall prescribe regulations to assure that programs under this title have adequate internal administrative controls1 accounting requirements1 personnel standards1 evaluation procedures1 and other policies as may be necessary to promote the effective use of funds4 7b7 ,facilities 7#a7 ,owned or leased by ,federal agencies ,the ,secretary1 after consultation with other appropriate officials of the ,federal ,government1 shall within #af months after the date of enactment of this ,act prepare and submit to ,congress a report that-- 7,a7 describes the extent to which facilities owned or leased by ,federal agencies 7including departments7 could be made available to prime sponsors1 through appropriate arrangements1 for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes2 and 7,b7 the ,secretary's recommendations 7including recommendations for changes through legislation7 or proposed actions for such use4 7#b7 ,owned or leased in service area ,the ,secretary shall require1 as a condition for the receipt of financial assistance under this title1 that any prime sponsor under this title agree to conduct a review and prepare and submit to the ,secretary a report that-- 7,a7 describes the extent to which facilities owned or leased by such prime sponsor1 or by other organizations in the service area1 could be made available1 through appropriate arrangements1 for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes2 and 7,b7 the prime sponsor's proposed actions for such use4 7c7 ,capital expenditures 7#a7 ,construction ,upon a determination by the ,secretary that suitable facilities 7including public school facilities7 are not otherwise available to prime sponsors to carry out child care and early learning programs1 that the lack of suitable facilities will inhibit the operation of such programs1 and that construction of such facilities is more cost effective than purchase of available facilities or renovation1 the ,secretary1 in the discretion of the ,secretary1 may authorize the use of financial assistance under this title to make payments for capital expenditures related to construction of facilities that will be used to carry out such programs4 ,the ,secretary shall establish uniform procedures for prime sponsors to request approval for such payments1 and shall promote1 to the extent practicable1 the collocation of child care and early learning programs with other programs serving children and families4 7#b7 ,construction1 renovation1 vehicle purchase ,such payments may be used for capital expenditures 7including paying the cost of amortizing the principal1 and paying interest on1 loans7 such as expenditures for-- 7,a7 construction of facilities that are not in existence on the date of the determination1 if such construction is more cost effective than purchase or renovation2 7,b7 major renovation of facilities in existence on such date1 if major renovation is more cost effective than purchase1 construction1 or minor renovation2 and 7,c7 purchase of vehicles used for programs conducted at child care and early learning program facilities eligible for a payment under this subsection4 7#c7 ,wages for construction or renovation ,all laborers and mechanics employed by contractors or subcontractors in the construction or renovation of facilities to be used to carry out child care and early learning programs under this title shall be paid wages that are not less than the wages prevailing on similar construction or renovation in the service area1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 #acc4 ,appeals1 notice1 and hearing 7a7 ,procedures ,the ,secretary shall establish appeals1 notice1 hearing1 and other procedures consistent 7except as otherwise provided in this section7 with the procedures described in section #fdf of the ,head ,start ,act 7#db ,u4,s4,c4 #ihda74 ,the established procedures shall apply to the child care and early learning programs carried out under this title1 and the prime sponsors carrying out such programs1 as the case may be4 7b7 ,withholding of funds 7#a7 ,in general ,the ,secretary shall take the action described in paragraph 7#b7 whenever the ,secretary1 after reasonable notice and opportunity for a hearing for any prime sponsor 7including a delegate provider71 finds-- 7,a7 that the prime sponsor has failed to comply substantially with any requirement set forth in the plan of the prime sponsor approved under section #aac or #aad2 7,b7 that the delegate provider has failed to comply substantially with any requirement set forth in the application of the provider approved pursuant to section #aae7;c72 or 7,c7 that in the operation of any program 7or services7 carried out by any such prime sponsor 7or delegate provider7 under this title the prime sponsor 7or delegate provider7 has failed to comply substantially with any applicable provision of this title1 including a regulation promulgated under this title4 7#b7 ,action ,on making a finding under paragraph 7#a71 the ,secretary shall notify the prime sponsor or delegate provider involved of the findings and that no further payments may be made to such prime sponsor or delegate provider under this title 7or in the ,secretary's discretion that any such prime sponsor shall not make further payments under this title to specified delegate providers affected by the failure7 until the ,secretary is satisfied that there is no longer any such failure to comply1 or the noncompliance will be promptly corrected4 ,the ,secretary may authorize the continuation of payments with respect to any program or service assisted under this title which is being carried out pursuant to the corresponding plan or application referred to in paragraph 7#a7 and which is not involved in the noncompliance4 #acd4 ,records and audits ,the ,secretary shall establish record and audit requirements consistent with the requirements described in section #fdg of the ,head ,start ,act 7#db ,u4,s4,c4 #ihdb74 ,the established requirements shall apply to the child care and early learning programs carried out under this title1 and the prime sponsors carrying out such programs1 as the case may be4 #ace4 ,technical assistance and training 7a7 ,preservice and inservice training ,the ,secretary is authorized to make payments to provide financial assistance to enable individuals employed or preparing for employment in child care and early learning programs assisted under this title1 including volunteers1 to participate in programs of preservice or inservice training for professional or nonprofessional personnel1 to be conducted by any prime sponsor carrying out a child care and early learning program1 or any institution of higher education1 including a community college1 or by any combination of those prime sponsors or institutions4 ,the financial assistance shall include scholarships and funding for books1 transportation1 and other comprehensive needs4 7b7 ,prime sponsor technical assistance and planning ,the ,secretary is authorized to1 directly or through grant or contract1 make technical assistance available to entities who are eligible and seek to become prime sponsors1 and to prime sponsors1 to assist the entities and prime sponsors in planning1 developing1 and carrying out child care and early learning programs4 7c7 ,prime sponsor financial assistance 7#a7 ,in general ,prime sponsors shall carry out training and quality improvement activities1 including-- 7,a7 activities that support child care and early learning programs 7including providers7 in meeting national program standards2 and 7,b7 supporting staff in meeting qualifications described in section #acf1 including providing paid release time to staff1 to engage in activities that enable the staff to meet the qualifications4 7#b7 ,financial assistance ,the ,secretary is authorized to make financial assistance available to prime sponsors to carry out such training and quality improvement activities4 7d7 ,staff training ,the ,secretary shall prescribe regulations implementing a training program for staff of child care and early learning programs assisted under this title1 based on the training program of the military child care program4 ,satisfactory completion of the training program shall be a condition of employment of any person as a member of the staff of such a child care and early learning program4 ,the training program established under this subsection shall cover1 at a minimum1 training in each of the following3 7#a7 ,early childhood development4 7#b7 ,activities and disciplinary techniques appropriate for children of different ages4 7#c7 ,child abuse prevention and detection4 7#d7 ,cardiopulmonary resuscitation and other emergency medical procedures4 7e7 ,workforce development and diversity 7#a7 ,outreach program ,from amounts allocated under section #ajc7;b71 the ,secretary shall develop and implement a program of outreach to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs4 7#b7 ,grants to institutions of higher education 7,a7 ,in general ,from amounts allocated under section #ajc7;b71 the ,secretary is authorized to award grants1 for a period of not less than #e years1 to institutions of higher education1 with priority for part ,b institutions1 ,hispanic-serving institutions1 and ,tribal ,colleges and ,universities 7as the #c types of institutions are defined in clauses 7i7 through 7iii7 of section #bda7a77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajcc7a77;,a7774 7,b7 ,use of funds ,an institution that receives such a grant may-- 7i7 use the grant funds-- 7,i7 to improve the child care and early learning workforce2 7,,ii7 to recruit child care and early learning teachers and other staff who want to obtain additional credentials related to child care and early learning2 7,,iii7 to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs2 7,,iv7 to promote access and affordability through direct student support1 grants1 scholarships1 and other forms of student financial aid to students pursuing early childhood coursework and degrees in order to reduce or eliminate the need for such students to take out loans for the related costs of attendance2 7,v7 to create seamless1 articulated1 teacher preparation pathways2 and 7,,vi7 to develop institutional policies that award credit for students' previous postsecondary early childhood coursework and degrees as well as for demonstrated competency through-- 7aa7 prior work experience2 and 7bb7 apprenticeships that lead to credentials1 or associate or baccalaureate degrees2 and 7ii7 make a portion of the grant funds available for students training to become staff of child care and early learning programs1 to cover the corresponding tuition and other costs of attendance4 #acf4 ,staff qualifications and development 7a7 ,qualification and development 7#a7 ,in general ,the ,secretary1 after consultation with other ,federal agencies and on the basis of the recommendations of the ,committee established pursuant to section #aba7;a77#c71 shall establish staff qualification and development requirements based on such requirements described in section #fdh;,a of the ,head ,start ,act 7#db ,u4,s4,c4 #ihdc;a71 based on such requirements being implemented by the military child care program 7including certification of family child care home providers71 and including a requirement to satisfactorily complete training under section #ace7;d74 ,the established requirements shall include the requirements described in subsection 7b7 7relating to compensation74 ,the established requirements shall apply to the child care and early learning programs carried out under this title1 and the prime sponsors carrying out such programs1 as the case may be4 7#b7 ,objectives ,the established requirements shall be designed to-- 7,a7 7i7 lead to high-quality child care and early learning service delivery1 including the use of targeted strategies and resources provided by prime sponsors to ensure the diverse1 incumbent child care and early learning workforce retains access to employment in such programs2 and 7ii7 take into account workforce recruitment challenges and the need for a diverse workforce2 7,b7 create a pathway for members of the child care and early learning service workforce to build on their credentials2 and 7,c7 provide enough time 7which shall be not less than #f years after the date of that establishment7 for staff to meet any educational requirements in the established requirements4 7b7 ,pay 7#a7 ,competitive rates of compensation ,for the purpose of providing child care and early learning programs with a qualified and stable workforce1 each prime sponsor shall ensure that employees 7including employees of a delegate provider7 at a child care and early learning center and family child care home providers1 including teachers and other staff of family child care home providers1 shall be paid under a pay scale that provides for rates of compensation that-- 7,a7 7i7 except as provided in clause 7ii71 are comparable with the rates of compensation paid to employees of the corresponding local educational agency with similar training1 seniority1 and experience2 or 7ii7 for a position not typically found at the corresponding local educational agency1 are the rates specified in the pay scale for the military child care program2 and 7,b7 are not less than a living wage1 as determined by the ,secretary4 7#b7 ,periodic reviews ,in recommending and establishing requirements under subsection 7a7 and this subsection1 the ,committee established pursuant to section #aba7;a77#c7 and the ,secretary1 respectively1 shall periodically conduct reviews of the rates of compensation for employers1 teachers1 and staff described in paragraph 7#a74 ,the ,committee and ,secretary shall determine whether the rates are increasing at a pace that is not less than the rate of the ,consumer ,price ,index for ,all ,urban ,consumers1 and shall adjust the rates to ensure such an increase4 7#c7 ,limitation ,notwithstanding any other provision of law1 no ,federal funds may be used to pay any part of the compensation of an employee1 teacher1 or staff member described in paragraph 7#a7 to carry out a child care and early learning program1 if such compensation1 including non-,federal funds1 exceeds a rate equal to the rate payable for level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code4 7#d7 ,compensation ,in this subsection1 the term compensation-- 7,a7 includes salary1 bonuses1 periodic payments1 severance pay1 the value of any vacation time1 the value of a compensatory or paid leave benefit1 and the fair market value of any employee perquisite or benefit2 and 7,b7 includes any prime sponsor expenditure for a health1 medical1 life insurance1 disability1 retirement1 or any other employee welfare or pension benefit4 7c7 ,curriculum support 7#a7 ,in general ,prime sponsors shall establish and implement a plan to ensure all teachers in a child care and early learning program1 including family child care home providers1 have curriculum support4 7#b7 ,curriculum support ,that curriculum support-- 7,a7 may include the use of curriculum specialists1 as in the military child care program2 and 7,b7 shall include-- 7i7 special teaching activities at locations that are easily accessible by the teachers2 7ii7 daily oversight and instruction of employees providing child care and early learning services2 7iii7 daily assistance in the preparation of lesson plans1 provided through individual specialists or resources for staff that allow teachers to engage in professional responsibilities such as daily lesson planning2 7iv7 assistance with child abuse prevention and detection2 7v7 assistance with activities to promote children's cognitive development1 behavior management1 and mental health2 and 7vi7 assistance with improving the delivery of instruction and with measuring and tracking children's outcomes4 #acg4 ,research1 demonstrations1 and evaluation 7a7 ,general objectives ,the ,secretary shall carry out a continuing program of research1 demonstration1 and evaluation activities1 in order to-- 7#a7 focus national research efforts to attain a fuller understanding of the processes of child development and early learning outcomes and the effects of programs on those processes and outcomes2 7#b7 foster continuous improvement in the quality of the child care and early learning programs carried out under this title and in their effectiveness in enabling participating children and their families to succeed in school and otherwise2 7#c7 ensure that the results of research and related development efforts are reflected in the conduct of programs affecting children through the improvement and expansion of child care and early learning programs2 and 7#d7 develop1 test1 and disseminate information on new ideas for addressing the needs of low-income and underserved children 7including children with disabilities1 homeless children1 children who have been abused or neglected1 and children in foster care7 and their families and communities1 and furthering in other ways the purposes of this title4 7b7 ,specific objectives ,the research1 demonstration1 and evaluation activities under this title shall include components designed to-- 7#a7 permit ongoing assessment of the quality and effectiveness of the child care and early learning programs under this title2 7#b7 contribute to developing knowledge concerning factors associated with the quality and effectiveness of child care and early learning programs and in identifying ways in which services provided under this title may be improved2 7#c7 assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of children and their families1 including physical1 mental1 vision1 and oral health1 both during and following participation in a child care and early learning program2 7#d7 permit comparisons of children and families participating in child care and early learning programs-- 7,a7 with children and families receiving other child care1 or early childhood education and development1 services or programs2 and 7,b7 with other appropriate control groups2 7#e7 contribute to understanding the characteristics and needs of population groups eligible for services provided under this title and the impact of such services on the individuals served and the service areas in which such services are provided2 7#f7 provide for disseminating and promoting the use of the findings from such research1 demonstration1 and evaluation activities2 7#g7 promote exploration of areas in which knowledge is insufficient1 and that will otherwise contribute to fulfilling the purposes of this title2 7#h7 7,a7 contribute to understanding the impact of child care and early learning services delivered in classrooms that include both children with disabilities and children who are not children with disabilities1 on both types of children2 and 7,b7 disseminate promising practices for increasing the availability and quality of child care and early learning services that are so delivered and classrooms described in subparagraph 7,a72 7#i7 contribute to understanding the impact of different child care and early learning models1 including those with varying teacher compensation1 preparation1 and workplace supports1 in addressing educational disparities and inequalities1 including disparities and inequalities based on income1 and disparities and inequalities based on culture1 and race and ethnicity2 7#aj7 contribute to the understanding of providing effective child care and early learning programs to dual language learner children1 children with disabilities1 culturally diverse families1 racially and ethnically diverse families1 children belonging to an ,indian tribe1 ,native ,hawaiian children1 and children of migrant and seasonal farmworkers1 and to service areas with many low-income children2 and 7#aa7 carry out-- 7,a7 research to determine the nature of child development processes and the impact of various influences upon those processes1 including workplace conditions and supports1 to develop techniques to measure and evaluate child development1 to develop standards to evaluate professional and paraprofessional child development personnel1 and to determine how child care and early learning and related programs conducted in either family child care homes or centers affect child development processes2 7,b7 research to test alternative methods of providing child development and related services1 and to develop and test innovative approaches to achieve maximum development of children2 7,c7 evaluation of findings from research conducted under this paragraph and the development of and effective application of those findings2 7,d7 dissemination and application of results from research and related development efforts and demonstration projects to child care and early learning programs1 related programs1 and early childhood education2 7,e7 production of informational systems and other resources necessary to support the activities authorized under this paragraph2 and 7,f7 integration of national child development research efforts under this title into a focused national research program1 including the coordination of research and development conducted by entities under this section with research and development conducted by other agencies1 organizations1 and individuals4 7c7 ,conduct of research1 demonstration1 and evaluation activities ,the ,secretary1 in order to conduct research1 demonstration1 and evaluation activities under this section-- 7#a7 may carry out such activities directly1 or through grants to1 or contracts or cooperative agreements with1 public or private entities2 7#b7 shall1 to the extent appropriate1 undertake such activities in collaboration with ,federal agencies 7other than the ,department of ,health and ,human ,services71 and with non-,federal agencies1 ,indian tribes1 and tribal organizations1 conducting similar activities2 7#c7 shall ensure that evaluation of such activities in a specific program is conducted by persons not directly involved in the operation of such program2 7#d7 may require prime sponsors to provide for independent evaluations2 7#e7 may approve1 in appropriate cases1 community-based cooperative research and evaluation efforts to enable prime sponsors to collaborate with qualified researchers not directly involved in program administration or operation of a program funded under this title2 and 7#f7 may collaborate with organizations with expertise in inclusive educational strategies for preschoolers who are children with disabilities4 7d7 ,coordination of research 7#a7 ,transfers ,funds available to any ,federal agency 7including a department7 for the purposes stated in subsection 7a7 or the activities stated in subsection 7b7 shall be available for transfer1 with the approval of the head of the agency involved1 in whole or in part1 to the ,secretary for such use as is consistent with the purposes for which such funds were appropriated1 and the funds so transferred shall be expendable by the ,secretary for the purposes for which the transfer was made4 7#b7 ,coordination ,in carrying out activities under this section1 the ,secretary shall-- 7,a7 coordinate1 through the ,office of ,child ,care and ,early ,learning1 established under section #aca1 all child development research1 training1 and related development efforts conducted by the ,department of ,health and ,human ,services and1 to the extent feasible1 by other agencies1 organizations1 and individuals2 7,b7 consult with-- 7i7 individuals from relevant academic disciplines2 7ii7 individuals who are involved in the operation of child care and early learning programs and individuals who are involved in the operation of other child and family service programs2 7iii7 appropriate officials from ,indian tribes and tribal organizations2 and 7iv7 individuals from organizations involved with1 and academic disciplines related to1 children and families1 ensuring that the individuals consulted under this subparagraph reflect the multicultural nature of the children and families served by the child care and early learning programs and the multidisciplinary nature of the programs2 7,c7 whenever feasible and appropriate1 obtain the views of persons participating in and served by programs assisted under this title with respect to activities under this section2 and 7,d7 establish1 to the extent appropriate1 working relationships with faculty members of institutions of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja71 located in the area in which any evaluation under this section is being conducted1 to participate in such evaluation1 unless there is no such institution of higher education willing and able to participate in such evaluation4 7#c7 ,council 7,a7 ,in general ,there is established a ,child ,development ,research ,council1 consisting of-- 7i7 a representative of the ,office of ,child ,care and ,early ,learning 7who shall serve as chairperson72 and 7ii7 a representative from each of the ,federal agencies and offices determined to be appropriate by the ,secretary4 7,b7 ,meetings ,the ,council shall meet at least annually and at such more frequent times as the ,council may determine to be necessary4 7,c7 ,duties ,the ,council shall assure coordination of child care and early learning services under the jurisdiction of the agencies and offices represented on the ,council and carry out the provisions of this section so as to assure-- 7i7 maximum utilization of available resources through the prevention of duplication of activities2 7ii7 a division of labor1 insofar as is compatible with the purposes of each of the agencies or offices represented on the ,council1 among those agencies and offices to assure maximum progress toward the achievement of the purposes of this section2 and 7iii7 recommendation of priorities for federally funded research and related development that are related to the purposes of this section and those stated in section #aja4 7e7 ,annual report ,the ,secretary shall make an annual report to ,congress-- 7#a7 summarizing-- 7,a7 the ,secretary's activities and accomplishments during the preceding year under this section2 and 7,b7 the grants1 contracts1 or other arrangements entered into during the preceding year under this section2 and 7#b7 making such recommendations as the ,secretary may determine to be appropriate4 7f7 ,plan ,the ,secretary shall develop1 and periodically update1 a plan governing the research1 demonstration1 and evaluation activities under this section4 7g7 ,ownership of results ,the ,secretary shall take necessary steps to ensure that all studies1 reports1 proposals1 and data produced or developed with ,federal funds under this title shall become the property of the ,united ,states4 #ach4 ,reports 7a7 ,in general ,at least once during every #b-year period1 the ,secretary shall prepare a report concerning the status of children 7including low-income children1 children with disabilities1 dual language learner children1 homeless children1 children in foster care1 children participating in child care and early learning programs on ,indian land1 and children participating in migrant or seasonal child care and early learning programs7 participating in child care and early learning programs1 including the number of participating children and the services being provided to such children4 7b7 ,contents ,such report shall include-- 7#a7 a statement for the then most recently concluded fiscal year specifying-- 7,a7 the amount of funds received1 by prime sponsors that are designated under section #aac1 to provide child care and early learning services in a period before such fiscal year2 and 7,b7 the amount of funds received1 by prime sponsors that are newly designated under section #aac1 to provide such services in such fiscal year2 7#b7 a description of the distribution of child care and early learning services relative to the distribution of children who are in need of child care and early learning programs1 including geographic distribution within ,states1 and information on the number of children receiving those services2 7#c7 a statement identifying how funds made available under section #aab7;a77#a7 were distributed and used at national1 regional1 and local levels2 7#d7 a statement specifying the amount of funds provided as the non-,federal share of the costs of child care and early learning programs1 and the source of such funding2 7#e7 the cost per child of carrying out child care and early learning programs1 and how such cost varies by region2 7#f7 a description of the level and nature of participation of parents and family members in child care and early learning programs as volunteers and in other capacities2 7#g7 information concerning child care and early learning center staff1 including salaries1 education1 training1 experience1 and staff turnover2 7#h7 information concerning children participating in child care and early learning programs1 including information on family income1 cultural background1 racial and ethnic background1 homelessness1 whether such a child is in foster care or was referred by a child welfare agency1 disability1 and whether the child's family receives benefits under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7#i7 using data from the monitoring conducted under section #aba-- 7,a7 a description of the extent to which programs funded under this title comply with program standards and regulations in effect under this title2 7,b7 a description of the types and condition of facilities in which such programs are located2 and 7,c7 the types of organizations that receive funds under this title through such programs2 7#aj7 a description of the types of services provided through the programs to children and their families1 both on site and through referrals1 including services related to health1 mental health1 dental care1 vision care1 parenting education1 physical fitness1 and literacy training2 7#aa7 information from a study of the delivery of child care and early learning programs to ,indian children1 to ,native ,hawaiian children1 and to children of migrant or seasonal farmworker families2 7#ab7 information on the delivery of disability-related services in order to-- 7,a7 determine whether child care and early learning programs are making timely referrals to the ,state or local agency responsible for providing services under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq472 7,b7 identify barriers to timely evaluations and eligibility determinations by the ,state or local agency responsible for providing services under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act2 and 7,c7 determine under what circumstances and for what length of time child care and early learning programs are providing disability-related services for children who have not been determined under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 to be children with disabilities2 and 7#ac7 information on how child care and early learning programs serve populations of low-income children1 minority children1 and dual language learner children1 the extent to which disparities exist in early learning outcomes of participants in such programs1 and how such programs address disparities in early learning outcomes4 7c7 ,submission ,the ,secretary shall submit each report prepared under subsection 7a7 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives4 #aci4 ,nondiscrimination provisions ,the ,secretary shall establish nondiscrimination requirements consistent with the requirements described in section #fed of the ,head ,start ,act 7#db ,u4,s4,c4 #ihdi74 ,the established requirements shall apply to the child care and early learning programs carried out under this title1 and the prime sponsors carrying out such programs1 as the case may be4 #adj4 ,advance funding ,for the purpose of affording adequate notice of funding available under this title1 appropriations for carrying out this title are authorized to be included in an appropriation ,act for the fiscal year preceding the fiscal year for which the appropriations are available for obligation4 #ada4 ,parental consent requirement for nonemergency intrusive physical examinations ,the ,secretary shall establish a parental consent requirement consistent with the requirement described in section #feg;,a of the ,head ,start ,act 7#db ,u4,s4,c4 #iheb;a74 ,the established requirement shall apply to the child care and early learning programs carried out under this title1 and the prime sponsors carrying out such programs1 as the case may be4 ,d ,special programs #aea4 ,supplemental funding to prime sponsors 7a7 ,in general ,the ,secretary is authorized to provide supplemental financial assistance for the activities described in subsection 7b7 or the purposes described in subsection 7c71 to prime sponsors1 who-- 7#a7 demonstrate barriers-- 7,a7 to scaling the services and processes needed to fully implement the prime sponsors' child care and early learning programs2 and 7,b7 to meeting the national program standards2 and 7#b7 need financial assistance1 as determined by the ,secretary1 for those activities or purposes1 respectively4 7b7 ,activities ,the ,secretary may provide the supplemental financial assistance for activities consisting of-- 7#a7 conducting a facilities review as described in section #acb7;b77#b7 and accessing adequate facilities2 7#b7 establishing coordination arrangements and processes with other entities1 including local educational agencies and related entities1 organizations delivering health and social services in the service area involved1 and the ,state2 7#c7 establishing training and professional development protocols and processes under sections #ace and #acf2 7#d7 meeting accreditation requirements2 7#e7 providing supports to enable family child care home providers to participate as providers within the child care and early learning program carried out by the prime sponsor involved and to enable the prime sponsor to meet the national program standards2 7#f7 securing materials and resources for professional learning opportunities2 and 7#g7 other activities related to the establishment1 expansion1 and scaling of services and processes needed to fully implement the prime sponsor's child care and early learning program and enable the prime sponsor to meet the national program standards4 7c7 ,purposes ,the ,secretary may provide the supplemental financial assistance to a prime sponsor that meets the requirements of subsection 7a7 and has difficulty in providing a non-,federal share because the prime sponsor serves an area with a high concentration of families with a family income of not more than1 or slightly above1 #bjj percent of the poverty line1 for the purposes of increasing the ,federal share of the costs described in section #aba7;c77#b77;,a74 #aeb4 ,special grants to ,states 7a7 ,grants ,on approving an application submitted by any ,state1 the ,secretary is authorized to provide a grant to the ,state for carrying out activities described in subsection 7b74 7b7 ,use of funds ,a ,state that receives a grant under subsection 7a7 may use the grant funds for-- 7#a7 identifying child care and early learning services goals and needs within the ,state2 7#b7 assisting in the establishment of ,child ,care and ,early ,learning ,councils and strengthening the capability of such ,councils to effectively advise on the child care and early learning programs2 7#c7 encouraging the cooperation and participation of ,state agencies in providing child care and early learning services1 including health1 family planning1 mental health1 education1 nutrition1 family1 social1 and rehabilitative services if that cooperation and participation are requested by appropriate prime sponsors in the development and implementation of child care and early learning plans2 7#d7 encouraging the full utilization of resources and facilities for child care and early learning programs within the ,state2 7#e7 disseminating the results of research on child care and early learning programs2 7#f7 conducting programs for the exchange of personnel involved in child care and early learning programs within the ,state2 7#g7 assisting prime sponsors in the acquisition or improvement of facilities for child care and early learning programs2 7#h7 assessing ,state and local licensing codes as the codes relate to child care and early learning programs within the ,state2 7#i7 developing information useful in reviewing prime sponsorship plans described in section #aac7;a7 and child care and early learning plans described in section #aad7;b72 7#aj7 facilitating collaboration among prime sponsors and delegate providers within the ,state2 and 7#aa7 supporting a unified1 birth-through-school-entry1 early childhood system1 including carrying out activities related to establishing braided or blended funding arrangements to promote the integration of services to children and families4 7c7 ,maintenance of effort ,no ,state or community shall reduce its expenditures for child care and early learning programs 7including home-based child care and early learning programs7 because of financial assistance provided under this section4 ,,ii ,related programs #bja4 ,maintenance of effort 7a7 ,maintenance of effort ,section #feh;,j of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;h7 is amended by adding at the end the following3 7d7 ,maintenance of effort 7#a7 ,in general ,no ,state shall receive such a payment for a fiscal year if the ,state reduces its total ,state expenditures for child care services for the prior fiscal year below such expenditures for fiscal year #bjai4 7#b7 ,total ,state expenditures ,for purposes of this subsection1 total ,state expenditures for child care services include ,state expenditures to carry out this subchapter and the ,universal ,child ,care and ,early ,learning ,act4 4 7b7 ,relationship to the ,universal ,child ,care and ,early ,learning ,act ,section #feh,m of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehk7 is amended by adding at the end the following3 7c7 ,relationship to the ,universal ,child ,care and ,early ,learning ,act ,an eligible child who is eligible for child care and early learning services under the ,universal ,child ,care and ,early ,learning ,act shall only receive child care services under this subchapter that the child is ineligible for under that ,act4 4