Strong Start for America's Children Act of 2015
This bill directs the Department of Education (ED) to allot matching grants to states and, through them, subgrants to local educational agencies, childhood education program providers, or consortia of those entities to implement high-quality prekindergarten programs for children from low-income families.
Grants are allotted to states based on each state's proportion of children who are age four and who are from families with incomes at or below 200% of the poverty level.
"High-quality prekindergarten programs" are those that serve children three or four years of age and meet criteria concerning: class size; learning environments; teacher qualifications, salaries, and professional development; program monitoring; and accessibility to comprehensive health and support services.
Programs supported by a state must conduct criminal history background checks on employees and applicants for employment with unsupervised access to children.
States may apply to use up to 15% of their grant for subgrants to high-quality early childhood education and care programs for infants and toddlers whose family income is at or below 200% of the poverty level.
ED and the Department of Health and Human Services (HHS) shall develop a process to: (1) provide Head Start program services to children younger than age four in states or regions that already provide four-year-olds whose family income is at or below 200% of the poverty level with sustained access to high-quality prekindergarten programs, or (2) convert programs to serve infants and toddlers.
ED shall award competitive matching grants to states to increase their capacity to offer high-quality prekindergarten programs. States must provide assurances that they will use their grant to become eligible, within three years of receiving the grant, for this Act's grants for high-quality prekindergarten programs.
The bill amends the Head Start Act to direct HHS to make grants to Early Head Start agencies to partner with center-based or family child care providers, particularly those that receive support under the Child Care and Development Block Grant Act of 1990, to assist them in meeting program performance standards. Such partnerships may serve children through age three.
The bill reauthorizes the programs providing: (1) preschool grants for special education and related services, and (2) early intervention services for infants and toddlers with disabilities and their families.
The bill expresses the sense of the House of Representatives concerning the value of the Maternal, Infant, and Early Childhood Home Visiting program.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2411 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2411
To support early learning.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2015
Mr. Hanna (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To support early learning.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Start for America's Children
Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PREKINDERGARTEN ACCESS
Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
Income Families
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Program authorization.
Sec. 104. Allotments and reservations of funds.
Sec. 105. State eligibility criteria.
Sec. 106. State applications.
Sec. 107. State use of funds.
Sec. 108. Additional prekindergarten services.
Sec. 109. Performance measures and targets.
Sec. 110. Matching requirements.
Sec. 111. Eligible local entity applications.
Sec. 112. Required subgrant activities.
Sec. 113. Report and evaluation.
Sec. 114. Prohibition of required participation or use of funds for
assessments.
Sec. 115. Coordination with Head Start programs.
Sec. 116. Technical assistance in program administration.
Sec. 117. Authorization of appropriations.
Subtitle B--Prekindergarten Development Grants
Sec. 121. Prekindergarten development grants.
TITLE II--EARLY LEARNING QUALITY PARTNERSHIPS
Sec. 201. Purposes.
Sec. 202. Early learning quality partnerships.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS FOR THE EDUCATION OF
CHILDREN WITH DISABILITIES
Sec. 301. Preschool grants.
Sec. 302. Infants and toddlers with disabilities.
TITLE IV--MATERNAL, INFANT, AND EARLY CHILDHOOD HOME VISITING PROGRAM
Sec. 401. Sense of the House of Representatives.
TITLE I--PREKINDERGARTEN ACCESS
Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
Income Families
SEC. 101. PURPOSES.
The purposes of this subtitle are to--
(1) establish a Federal-State partnership to provide access
to high-quality public prekindergarten programs for all
children from low-income and moderate-income families to ensure
that they enter kindergarten prepared for success;
(2) broaden participation in such programs to include
children from additional middle-class families;
(3) promote access to high-quality kindergarten, and high-
quality early childhood education programs and settings for
children; and
(4) increase access to appropriate supports so children
with disabilities and other special populations can fully
participate in high-quality early education programs.
SEC. 102. DEFINITIONS.
In this subtitle:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) Comprehensive early learning assessment system.--The
term ``comprehensive early learning assessment system''--
(A) means a coordinated and comprehensive system of
multiple assessments, each of which is valid and
reliable for its specified purpose and for the
population with which it will be used, that--
(i) organizes information about the process
and context of young children's learning and
development to help early childhood educators
make informed instructional and programmatic
decisions; and
(ii) conforms to the recommendations of the
National Research Council reports on early
childhood; and
(B) includes, at a minimum--
(i) child screening measures to identify
children who may need follow-up services to
address developmental, learning, or health
needs in, at a minimum, areas of physical
health, behavioral health, oral health, child
development, vision, and hearing;
(ii) child formative assessments;
(iii) measures of environmental quality;
and
(iv) measures of the quality of adult-child
interactions.
(3) Dual language learner.--The term ``dual language
learner'' means an individual who is limited English
proficient.
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term
under section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(5) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Eligibility determination date.--The term ``eligibility
determination date'' means the date used to determine
eligibility for public elementary school in the community in
which the eligible local entity involved is located.
(7) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a local educational agency, including a charter
school or a charter management organization that acts
as a local educational agency, or an educational
service agency in partnership with a local educational
agency;
(B) an entity (including a Head Start program or
licensed child care setting) that carries out,
administers, or supports an early childhood education
program; or
(C) a consortium of entities described in
subparagraph (A) or (B).
(8) Full-day.--The term ``full-day'' means a day that is--
(A) equivalent to a full school day at the public
elementary schools in a State; and
(B) not less than 5 hours a day.
(9) High-quality prekindergarten program.--The term ``high-
quality prekindergarten program'' means a prekindergarten
program supported by an eligible local entity that includes, at
a minimum, the following elements based on nationally
recognized standards:
(A) Serves children who--
(i) are age 4 or children who are age 3 or
4, by the eligibility determination date
(including children who turn age 5 while
attending the program); or
(ii) have attained the legal age for State-
funded prekindergarten.
(B) Requires high qualifications for staff,
including that teachers meet the requirements of 1 of
the following clauses:
(i) The teacher has a bachelor's degree in
early childhood education or a related field
with coursework that demonstrates competence in
early childhood education.
(ii) The teacher--
(I) has a bachelor's degree in any
field;
(II) has demonstrated knowledge of
early childhood education by passing a
State-approved assessment in early
childhood education;
(III) while employed as a teacher
in the prekindergarten program, is
engaged in on-going professional
development in early childhood
education for not less than 2 years;
and
(IV) not more than 4 years after
starting employment as a teacher in the
prekindergarten program, enrolls in and
completes a State-approved educator
preparation program in which the
teacher receives training and support
in early childhood education.
(iii) The teacher has bachelor's degree
with a credential, license, or endorsement that
demonstrates competence in early childhood
education.
(C) Maintains an evidence-based maximum class size.
(D) Maintains an evidence-based child to
instructional staff ratio.
(E) Offers a full-day program.
(F) Provides developmentally appropriate learning
environments and evidence-based curricula that are
aligned with the State's early learning and development
standards described in section 115(1).
(G) Offers instructional staff salaries comparable
to kindergarten through grade 12 teaching staff.
(H) Provides for ongoing monitoring and program
evaluation to ensure continuous improvement.
(I) Offers accessible comprehensive services for
children that include, at a minimum--
(i) screenings for vision, hearing, dental,
health (including mental health), and
development (including early literacy and math
skill development) and referrals, and
assistance obtaining services, when
appropriate;
(ii) family engagement opportunities that
take into account home language, such as parent
conferences (including parent input about their
child's development) and support services, such
as parent education, home visiting, and family
literacy services;
(iii) nutrition services, including
nutritious meals and snack options aligned with
requirements set by the most recent Child and
Adult Care Food Program guidelines promulgated
by the Department of Agriculture as well as
regular, age-appropriate, nutrition education
for children and their families;
(iv) programs in coordination with local
educational agencies and entities providing
services and supports authorized under part B,
section 619, and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419 and
1431 et seq.) to ensure the full participation
of children with disabilities;
(v) physical activity programs aligned with
evidence-based guidelines, such as those
recommended by the Institute of Medicine, and
which take into account and accommodate
children with disabilities;
(vi) additional support services, as
appropriate, based on the findings of the needs
analysis as described in section 110; and
(vii) on-site coordination, to the maximum
extent feasible.
(J) Provides high-quality professional development
for all staff, including regular in-classroom
observation for teachers and teacher assistants by
individuals trained in such observation and which may
include evidence-based coaching.
(K) Meets the education performance standards in
effect under section 641A(a)(1)(B) of the Head Start
Act (42 U.S.C. 9836a(a)(1)(B)).
(L) Maintains evidence-based health and safety
standards.
(M) Maintains disciplinary policies that do not
include expulsion or suspension of participating
children, except only as a last resort in extraordinary
circumstances where there is a determination of a
serious safety threat and where there are policies to
provide appropriate alternative early educational
services to these children while they are out of
school.
(10) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(11) Homeless child.--The term ``homeless child'' means a
child or youth described in section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
(12) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(13) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given the
terms in 658P of the Child Care and Development Block Grant of
1990 (42 U.S.C. 9858n).
(14) Limited english proficient.--The term ``limited
English proficient'' has the meaning given the term in section
637 of the Head Start Act (42 U.S.C. 9832).
(15) Local educational agency; state educational agency;
educational service agency.--The terms ``local educational
agency'', ``State educational agency'', and ``educational
service agency'' have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(16) Migratory child.--The term ``migratory child'' has the
meaning given the term in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399).
(17) Outlying area.--The term ``outlying area'' means each
of the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Republic
of Palau.
(18) Poverty line.--The term ``poverty line'' means the
official poverty line (as defined by the Office of Management
and Budget)--
(A) adjusted to reflect the percentage change in
the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor for the most recent 12-month period
or other interval for which the data are available; and
(B) applicable to a family of the size involved.
(19) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(20) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(21) State.--Except as otherwise provided in this subtitle,
the term ``State'' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, and each of the
outlying areas.
(22) State advisory council on early childhood education
and care.--The term ``State Advisory Council on Early Childhood
Education and Care'' means the State Advisory Council on Early
Childhood Education and Care established under section 642B(b)
of the Head Start Act (42 U.S.C. 9837b(b)).
SEC. 103. PROGRAM AUTHORIZATION.
From amounts made available to carry out this subtitle, the
Secretary, in consultation with the Secretary of Health and Human
Services, shall award grants to States to implement high-quality
prekindergarten programs, consistent with the purposes of this subtitle
described in section 101. For each fiscal year, the funds provided
under a grant by a State shall equal the allotment determined for the
State under section 114.
SEC. 104. ALLOTMENTS AND RESERVATIONS OF FUNDS.
(a) Reservation.--From the amount made available each fiscal year
to carry out this subtitle, the Secretary shall--
(1) reserve not less than 1 percent and not more than 2
percent for payments to Indian tribes and tribal organizations;
(2) reserve \1/2\ of 1 percent for the outlying areas to be
distributed among the outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purposes of this subtitle;
(3) reserve \1/2\ of 1 percent for eligible local entities
that serve children in families who are engaged in migrant or
seasonal agricultural labor; and
(4) reserve not more than 1 percent or $30,000,000,
whichever amount is less, for national activities, including
administration, technical assistance, and evaluation.
(b) Allotments.--
(1) In general.--From the amount made available each fiscal
year to carry out this subtitle and not reserved under
subsection (a), the Secretary shall make allotments to States
in accordance with paragraph (2) that have submitted an
approved application.
(2) Allotment amount.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall allot the amount made available under
paragraph (1) for a fiscal year among the States in
proportion to the number of children who are age 4 who
reside within the State and are from families with
incomes at or below 200 percent of the poverty line for
the most recent year for which satisfactory data are
available, compared to the number of such children who
reside in all such States for that fiscal year.
(B) Minimum allotment amount.--No State receiving
an allotment under subparagraph (A) may receive less
than \1/2\ of 1 percent of the total amount allotted
under such subparagraph.
(3) Reallotment and carry over.--
(A) In general.--If one or more States do not
receive an allotment under this subsection for any
fiscal year, the Secretary may use the amount of the
allotment for that State or States, in such amounts as
the Secretary determines appropriate, for either or
both of the following:
(i) To increase the allotments of States
with approved applications for the fiscal year,
consistent with subparagraph (B).
(ii) To carry over the funds to the next
fiscal year.
(B) Reallotment.--In increasing allotments under
subparagraph (A)(i), the Secretary shall allot to each
State with an approved application an amount that bears
the same relationship to the total amount to be
allotted under subparagraph (A)(i), as the amount the
State received under paragraph (2) for that fiscal year
bears to the amount that all States received under
paragraph (2) for that fiscal year.
(4) State.--For purposes of this subsection, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(c) Flexibility.--The Secretary may make minimal adjustments to
allotments under this subsection, which shall neither lead to a
significant increase or decrease in a State's allotment determined
under subsection (b), based on a set of factors, such as the level of
program participation and the estimated cost of the activities
specified in the State plan under section 116(a)(2).
SEC. 105. STATE ELIGIBILITY CRITERIA.
A State is eligible to receive a grant under this subtitle if the
State demonstrates to the Secretary that the State--
(1) has established or will establish early learning and
development standards that describe what children from birth to
kindergarten entry should know and be able to do, are
universally designed and developmentally, culturally, and
linguistically appropriate, are aligned with the State's
challenging academic content standards and challenging student
academic achievement standards, as adopted under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1)), and cover all of the essential
domains of school readiness, which address--
(A) physical well-being and motor development;
(B) social and emotional development;
(C) approaches to learning, including creative arts
expression;
(D) developmentally appropriate oral and written
language and literacy development; and
(E) cognition and general knowledge, including
early mathematics and early scientific development;
(2) has the ability or will develop the ability to link
prekindergarten data with its elementary school and secondary
school data for the purpose of collecting longitudinal
information for all children participating in the State's high-
quality prekindergarten program and any other federally funded
early childhood program that will remain with the child through
the child's public education through grade 12;
(3) offers State-funded kindergarten for children who are
eligible children for that service in the State; and
(4) has established a State Advisory Council on Early
Childhood Education and Care.
SEC. 106. STATE APPLICATIONS.
(a) In General.--To receive a grant under this subtitle, the
Governor of a State, in consultation with the Indian tribes and tribal
organizations in the State, if any, shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require. At a minimum, each such
application shall include--
(1) an assurance that the State--
(A) will coordinate with and continue to
participate in the programs authorized under section
619 and part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419 and 1431 et seq.), the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), and the maternal, infant, and
early childhood home visiting programs funded under
section 511 of the Social Security Act (42 U.S.C. 711)
for the duration of the grant;
(B) will designate a State-level entity (such as an
agency or joint interagency office), selected by the
Governor, for the administration of the grant, which
shall coordinate and consult with the State educational
agency if the entity is not the State educational
agency; and
(C) will establish, or certify the existence of,
program standards for all State prekindergarten
programs consistent with the definition of a high-
quality prekindergarten program under section 102;
(2) a description of the State's plan to--
(A) use funds received under this subtitle and the
State's matching funds to provide high-quality
prekindergarten programs, in accordance with section
117(d), with open enrollment for all children in the
State who--
(i) are described in section 102(9)(A); and
(ii) are from families with incomes at or
below 200 percent of the poverty line;
(B) develop or enhance a system for monitoring
eligible local entities that are receiving funds under
this subtitle for compliance with quality standards
developed by the State and to provide program
improvement support, which may be accomplished through
the use of a State-developed system for quality rating
and improvement;
(C) if applicable, expand participation in the
State's high-quality prekindergarten programs to
children from families with incomes above 200 percent
of the poverty line;
(D) carry out the State's comprehensive early
learning assessment system, or how the State plans to
develop such a system, ensuring that any assessments
are culturally, developmentally, and age-appropriate
and consistent with the recommendations from the study
on Developmental Outcomes and Assessments for Young
Children by the National Academy of Sciences,
consistent with section 649(j) of the Head Start Act
(42 U.S.C. 9844);
(E) develop, implement, and make publicly available
the performance measures and targets described in
section 109;
(F) increase the number of teachers with bachelor's
degrees in early childhood education, or with
bachelor's degrees in another closely related field and
specialized training and demonstrated competency in
early childhood education, including how institutions
of higher education will support increasing the number
of teachers with such degrees and training, including
through the use of assessments of prior learning,
knowledge, and skills to facilitate and expedite
attainment of such degrees;
(G) coordinate and integrate the activities funded
under this subtitle with Federal, State, and local
services and programs that support early childhood
education and care, including programs supported under
this subtitle, the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the
Community Services Block Grant Act (42 U.S.C. 9901 et
seq.), the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.), the temporary
assistance for needy families program under part A of
title IV of the Social Security Act (42 U.S.C. 601 et
seq.), the State incentive grant program under section
14006 of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5), federally funded early
literacy programs, the maternal, infant, and early
childhood home visiting programs funded under section
511 of the Social Security Act (42 U.S.C. 711), health
improvements to child care funded under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), the
program under subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.), the Investing In Innovation program under
section 14007 of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), programs authorized
under part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.), the Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), grants for infant and toddler care
through Early Head Start-Child Care Partnerships funded
under the heading ``Children and Families Services
Programs--Administration for Children and Families'' in
the Department of Health and Human Services
Appropriations Act, 2014 (title II of division H of
Public Law 113-76; 128 Stat. 363), the preschool
development grants program funded under the heading
``Innovation and Improvement'' in the Department of
Education Appropriations Act, 2015 (title III of
division G of Public Law 113-235; 128 Stat. 2492), and
any other Federal, State, or local early childhood
education programs used in the State;
(H) award subgrants to eligible local entities, and
in awarding such subgrants, facilitate a delivery
system of high-quality prekindergarten programs that
includes diverse providers, such as providers in
community-based, public school, and private settings,
and consider the system's impact on options for
families;
(I) in the case of a State that does not have a
funding mechanism for subgranting funds to implement
high-quality prekindergarten, use objective criteria in
awarding subgrants to eligible local entities that will
implement high-quality prekindergarten programs,
including actions the State will take to ensure that
eligible local entities will coordinate with local
educational agencies or other early learning providers,
as appropriate, to carry out activities to provide
children served under this subtitle with a successful
transition from preschool into kindergarten, which
activities shall include--
(i) aligning curricular objectives and
instruction;
(ii) providing staff professional
development, including opportunities for joint-
professional development on early learning and
kindergarten through grade 3 standards,
assessments, and curricula;
(iii) coordinating family engagement and
support services; and
(iv) encouraging the shared use of
facilities and transportation, as appropriate;
(J) use the State early learning and development
standards described in section 105(1) to address the
needs of dual language learners, including by
incorporating benchmarks related to English language
development;
(K) identify barriers, and propose solutions to
overcome such barriers, which may include seeking
assistance under section 116, in the State to
effectively use and integrate Federal, State, and local
public funds and private funds for early childhood
education that are available to the State on the date
on which the application is submitted;
(L) support articulation agreements (as defined in
section 486A of the Higher Education Act of 1965 (20
U.S.C. 1093a)) between public 2-year and public 4-year
institutions of higher education and other credit-
bearing professional development in the State for early
childhood teacher preparation programs and closely
related fields;
(M) ensure that the higher education programs in
the State have the capacity to prepare a workforce to
provide high-quality prekindergarten programs;
(N) support workforce development, including State
and local policies that support prekindergarten
instructional staff's ability to earn a degree,
certification, or other specializations or
qualifications, including policies on leave,
substitutes, and child care services, including non-
traditional hour child care;
(O) hold eligible local entities accountable for
use of funds;
(P) ensure that the State's early learning and
development standards are integrated into the
instructional and programmatic practices of high-
quality prekindergarten programs and related programs
and services, such as those provided to children under
section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419 and 1431 et
seq.);
(Q) increase the number of children in the State
who are enrolled in high-quality kindergarten programs
and carry out a strategy to implement such a plan;
(R) coordinate the State's activities supported by
grants under this subtitle with activities in State
plans required under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.), and the Adult
Education and Family Literacy Act (20 U.S.C. 9201 et
seq.);
(S) encourage eligible local entities to coordinate
with community-based learning resources, such as
libraries, arts and arts education programs,
appropriate media programs, family literacy programs,
public parks and recreation programs, museums,
nutrition education programs, and programs supported by
the Corporation for National and Community Service;
(T) work with eligible local entities, in
consultation with elementary school principals, to
ensure that high-quality prekindergarten programs have
sufficient and appropriate facilities to meet the needs
of children eligible for prekindergarten;
(U) support local early childhood coordinating
entities, such as local early childhood councils, if
applicable, and help such entities to coordinate early
childhood education programs with high-quality
prekindergarten programs to ensure effective and
efficient delivery of early childhood education program
services;
(V) support shared services administering entities,
if applicable;
(W) ensure that the provision of high-quality
prekindergarten programs will not lead to a diminution
in the quality or supply of services for infants and
toddlers or disrupt the care of infants and toddlers in
the geographic area served by the eligible local
entity, which may include demonstrating that the State
will direct funds to provide high-quality early
childhood education and care to infants and toddlers in
accordance with section 117(d);
(X) encourage or promote socioeconomic, racial, and
ethnic diversity in the classrooms of high-quality
prekindergarten programs, as applicable; and
(Y) ensure that all high-quality prekindergarten
programs the State supports under this Act will conduct
criminal history background checks that meet the
requirements of subsection (b) on employees and
applicants for employment with unsupervised access to
children; and
(3) an inventory of the State's higher education programs
that prepare individuals for work in a high-quality
prekindergarten program, including--
(A) certification programs;
(B) associate degree programs;
(C) baccalaureate degree programs;
(D) masters degree programs; and
(E) other programs that lead to a specialization in
early childhood education, or a related field.
(b) Criminal History Background Checks.--
(1) In general.--The criminal history background checks
required under subsection (a)(2)(Y) shall include--
(A) a search of the State criminal registry or
repository in the State in which the employee resides
and previously resided;
(B) a search of the State-based child abuse and
neglect registries and databases in the State in which
the employee resides and previously resided;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919).
(2) Prohibition of employment.--To be eligible to receive a
grant under this subtitle, a State shall prohibit an individual
with unsupervised access to children from employment with a
program supported with grant funds under this subtitle if the
individual has been convicted of a violent felony or any
violent or sexual crime against a minor, as defined by the
State.
(3) Updated checks.--To be eligible to receive a grant
under this subtitle, each criminal history background check
conducted on an employee as required under subsection (a)(2)(Y)
shall be periodically repeated or updated one time at least
every five years.
(4) Submission of requests for background checks.--
(A) In general.--A high-quality prekindergarten
program shall submit a request, to the appropriate
State agency designated by a State, for a criminal
background check described in subsection (b)(1), for
each individual employee with unsupervised access to
children.
(B) Prospective employees.--In the case of an
individual who is a prospective employee with
unsupervised access to children on or after the date of
the enactment of this Act, the provider shall submit
such a request--
(i) prior to the date the individual
becomes an employee; and
(ii) not less than once during each 5-year
period following the first submission date
under this paragraph for that staff member.
(5) Background check results.--
(A) Background check results.--The State shall
carry out the request of a high-quality prekindergarten
program for a criminal background check as
expeditiously as possible, but not to exceed 45 days
after the date on which such request was submitted, and
shall provide the results of the criminal background
check to such program and to the employee staff member.
(B) Privacy.--
(i) In general.--The State shall provide
the results of the criminal background check to
the high-quality prekindergarten program in a
statement that indicates whether an employee is
eligible or ineligible for employment without
revealing any disqualifying crime or other
related information regarding the individual.
(ii) Ineligible employee.--If the employee
is ineligible for such employment due to the
background check, the State will, when
providing the results of the background check,
include information related to each
disqualifying crime, in a report to the
employee.
(iii) Public release of results.--No State
shall publicly release or share the results of
individual background checks, except States may
release aggregated data by crime from
background check results, as long as such data
does not contain personally identifiable
information.
(6) Appeals.--
(A) In general.--The State shall provide for a
process by which an employee may appeal the results of
a criminal background check conducted under this
section to challenge the accuracy or completeness of
the information contained in such employee's criminal
background report.
(B) Appeals process.--The State shall ensure that--
(i) each employee shall be given notice of
the opportunity to appeal;
(ii) an employee will receive instructions
about how to complete the appeals process if
the employee wishes to challenge the accuracy
or completeness of the information contained in
such employee's criminal background report; and
(iii) the appeals process is completed in a
timely manner for each employee not to exceed
45 days.
(C) Costs.--An employee who has successfully
challenged the findings contained in such employee's
criminal background check report in the appeals process
under this paragraph shall be allowed to seek
compensation for any reasonable costs incurred from
such appeal.
(7) Review.--
(A) In general.--The State shall establish a timely
review process not to exceed 45 days through which the
State may determine that an employee identified in
paragraph (2) is eligible for employment with the high-
quality prekindergarten program.
(B) Factors.--The review process shall be an
individualized assessment consistent with title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
and the U.S. Equal Employment Opportunity Commission
Enforcement Guidance on the Consideration of Arrest and
Conviction Records in Employment Decisions, and may
include consideration of the following factors--
(i) nature and seriousness of the offense;
(ii) circumstances under which the offense
was committed;
(iii) lapse of time since the offense was
committed or the individual was released from
prison;
(iv) individual's age at the time of the
offense;
(v) social conditions which may have
fostered the offense;
(vi) relationship of the nature of the
offense to the position sought;
(vii) number of criminal convictions;
(viii) honesty and transparency of the
candidate in admitting the conviction record;
(ix) individual's work history, including
evidence that the individual performed the same
or similar work, post-conviction, with the same
or different employer, with no known incidents
of criminal conduct;
(x) evidence of rehabilitation as
demonstrated by the individual's good conduct
while in correctional custody and/or the
community; counseling or psychiatric treatment
received; acquisition of additional academic or
vocational schooling; successful participation
in correctional work-release programs and the
recommendations of persons who have or have had
the applicant under their supervision;
(xi) whether the individual is bonded under
Federal, State, or local bonding program; and
(xii) any other factor that may lead to the
conclusion that the individual does not pose a
risk to children.
(C) Limitation.--This paragraph shall not apply to
an employee who has been convicted of a serious violent
or sexual felony against a child, as determined by the
State.
(8) No private right of action.--Nothing in this section
shall be construed to create a private right of action if a
high-quality prekindergarten program has acted in accordance
with this section.
(9) Fees for background checks.--Fees that a State may
charge for the costs of processing applications and
administering a criminal background check as required by this
section shall not exceed the actual costs to the State for the
processing and administration.
(10) Construction.--
(A) Disqualification for other crimes.--Nothing in
this section shall be construed to prevent a State from
disqualifying individuals as an employee based on their
conviction for crimes not specifically listed in this
section that bear upon the fitness of an individual to
provide care for and have responsibility for the safety
and well-being of children.
(B) Rights and remedies.--Nothing in this section
shall be construed to alter or otherwise affect the
rights and remedies provided for an employee residing
in a State that disqualifies individuals as an employee
for crimes not specifically provided for under this
section.
(11) Reporting.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education shall
report to Congress on--
(A) any information available about numbers of
individuals restricted or disqualified from being an
employee on the basis of a criminal record identified
in the background check, pursuant to this section in
total, and for each type of conviction, disaggregated
by race, gender, national origin, and ethnicity;
(B) the identity of each State's agency with
jurisdiction over the background check results and
appeals process described in paragraph (6);
(C) the identity of each State's agency with
jurisdiction over the individualized assessment, as
described in paragraph (7);
(D) the numbers of individuals approved for
consideration as an employee by the individualized
assessment, as described in paragraph (7) in total, and
for each type of conviction, disaggregated by race,
gender, national origin, and ethnicity; and
(E) the numbers of successful and unsuccessful
appeals to the accuracy and completeness of records or
information, in total, by State, and by type of
conviction, disaggregated by race, gender, national
origin, and ethnicity.
SEC. 107. STATE USE OF FUNDS.
(a) Reservation for Quality Improvement Activities.--
(1) In general.--A State that receives a grant under this
subtitle may reserve for, not more than the first 4 years such
State receives such a grant, not more than 20 percent of the
grant funds for quality improvement activities that support the
elements of high-quality prekindergarten programs. Such quality
improvement activities may include supporting teachers, center
directors, and principals in a State's high-quality
prekindergarten program, licensed or regulated child care, or
Head Start programs to enable such teachers or directors to
earn a baccalaureate degree in early childhood education, or
closely related field, through activities which may include--
(A) expanding or establishing scholarships,
counseling, and compensation initiatives to cover the
cost of tuition, fees, materials, transportation, and
release time for such teachers;
(B) providing ongoing professional development
opportunities, including regular in-classroom
observation by individuals trained in such observation,
for such teachers, directors, principals, and teachers
assistants to enable such teachers, directors,
principals, and teachers assistants to carry out the
elements of high-quality prekindergarten programs,
which may include activities that address--
(i) promoting children's development across
all of the essential domains of early learning
and development;
(ii) developmentally appropriate curricula
and teacher-child interaction;
(iii) effective family engagement;
(iv) providing culturally competent
instruction;
(v) working with a diversity of children
and families, including children with special
needs and dual language learners;
(vi) childhood nutrition and physical
education programs;
(vii) supporting the implementation of
evidence-based curricula;
(viii) social and emotional development;
and
(ix) incorporating age-appropriate
strategies of positive behavioral interventions
and supports; and
(C) providing families with increased opportunities
to learn how best to support their children's physical,
cognitive, social, and emotional development during the
first five years of life.
(2) Not subject to matching.--The amount reserved under
paragraph (1) shall not be subject to the matching requirements
under section 110.
(3) Coordination.--A State that reserves an amount under
paragraph (1) shall coordinate the use of such amount with
activities funded under section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the
Head Start Act (42 U.S.C. 9831 et seq.).
(4) Construction.--A State may not use funds reserved under
this subsection to meet the requirement described in section
102(9)(G).
(b) Subgrants for High-Quality Prekindergarten Programs.--A State
that receives a grant under this subtitle shall award subgrants of
sufficient size to eligible local entities to enable such eligible
local entities to implement high-quality prekindergarten programs for
children who--
(1) are described in section 102(9)(A);
(2) reside within the State; and
(3) are from families with incomes at or below 200 percent
of the poverty line.
(c) Administration.--A State that receives a grant under this
subtitle may reserve not more than 1 percent of the grant funds for
administration of the grant, and may use part of that reservation for
the maintenance of the State Advisory Council on Early Childhood
Education and Care.
(d) Early Childhood Education and Care Programs for Infants and
Toddlers.--
(1) Use of allotment for infants and toddlers.--An eligible
State may apply to use, and the appropriate Secretary may grant
permission for the State to use, not more than 15 percent of
the funds made available through a grant received under this
subtitle to award subgrants to early childhood education
programs to provide, consistent with the State's early learning
and development guidelines for infants and toddlers, high-
quality early childhood education and care to infants and
toddlers who reside within the State and are from families with
incomes at or below 200 percent of the poverty line.
(2) Application.--To be eligible to use the grant funds as
described in paragraph (1), the State shall submit an
application to the appropriate Secretary at such time, in such
manner, and containing such information as the Secretary may
require. Such application shall, at a minimum, include a
description of how the State will--
(A) designate a lead agency which shall administer
such funds;
(B) ensure that such lead agency, in coordination
with the State's Advisory Council on Early Childhood
Education and Care, will collaborate with other
agencies in administering programs supported under this
subsection for infants and toddlers in order to obtain
input about the appropriate use of such funds and
ensure coordination with programs for infants and
toddlers funded under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the
Head Start Act (42 U.S.C. 9831 et seq.) (including any
Early Learning Quality Partnerships established in the
State under section 645B of the Head Start Act, as
added by section 202), the Race to the Top and Early
Learning Challenge program under section 14006 of
Public Law 111-5 (123 Stat. 283), the maternal, infant,
and early childhood home visiting programs funded under
section 511 of the Social Security Act (42 U.S.C. 711),
part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1431 et seq.), and grants for infant and
toddler care through Early Head Start-Child Care
Partnerships funded under the heading ``Children and
Families Services Programs--Administration for Children
and Families'' in the Department of Health and Human
Services Appropriations Act, 2014 (title II of division
H of Public Law 113-76; 128 Stat. 363);
(C) ensure that infants and toddlers who benefit
from amounts made available under this subsection will
transition to and have the opportunity to participate
in a high-quality prekindergarten program supported
under this subtitle;
(D) in awarding subgrants, give preference to early
childhood education programs that have a written formal
plan with baseline data, benchmarks, and timetables to
increase access to and full participation in high-
quality prekindergarten programs for children with
special needs, including children with developmental
delays or disabilities, children who are dual language
learners, homeless children, children who are in foster
care, children of migrant families, children eligible
for free or reduced-price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.), or children in the child welfare system; and
(E) give priority to activities carried out under
this subsection that will increase access to high-
quality early childhood education programs for infants
and toddlers in local areas with significant
concentrations of low-income families that do not
currently benefit from such programs.
(3) Eligible providers.--A State may use the grant funds as
described in paragraph (1) to serve infants and toddlers only
by working with early childhood education program providers
that--
(A) offer full-day, full-year care, or otherwise
meet the needs of working families; and
(B) meet high-quality standards, such as--
(i) Early Head Start program performance
standards under the Head Start Act (42 U.S.C.
9831 et seq.); or
(ii) high-quality, demonstrated, valid, and
reliable program standards that have been
established through a national entity that
accredits early childhood education programs.
(4) Federal administration.--
(A) In general.--The Secretary of Education shall
bear responsibility for obligating and disbursing funds
to support activities under this subsection and
ensuring compliance with applicable laws and
administrative requirements, subject to paragraph (3).
(B) Interagency agreement.--The Secretary of
Education and the Secretary of Health and Human
Services shall jointly administer activities supported
under this subsection on such terms as such Secretaries
shall set forth in an interagency agreement. The
Secretary of Health and Human Services shall be
responsible for any final approval of a State's
application under this subsection that addresses the
use of funds designated for services to infants and
toddlers.
(C) Appropriate secretary.--In this subsection, the
term ``appropriate Secretary'' used with respect to a
function, means the Secretary designated for that
function under the interagency agreement.
SEC. 108. ADDITIONAL PREKINDERGARTEN SERVICES.
(a) Prekindergarten for 3-Year-Olds.--Each State that certifies to
the Secretary that the State provides universally available, voluntary,
high-quality prekindergarten programs for 4-year-old children who
reside within the State and are from families with incomes at or below
200 percent of the poverty line may use the State's allocation under
section 104(b) to provide high-quality prekindergarten programs for 3-
year-old children who reside within the State and are from families
with incomes at or below 200 percent of the poverty line.
(b) Subgrants.--In each State that has a city, county, or local
educational agency that provides universally available high-quality
prekindergarten programs for 4-year-old children who reside within the
State and are from families with incomes at or below 200 percent of the
poverty line the State may use amounts from the State's allocation
under section 104(b) to award subgrants to eligible local entities to
enable such eligible local entities to provide high-quality
prekindergarten programs for 3-year-old children who are from families
with incomes at or below 200 percent of the poverty line and who reside
in such city, county or local educational agency.
SEC. 109. PERFORMANCE MEASURES AND TARGETS.
(a) In General.--A State that receives a grant under this subtitle
shall develop, implement, and make publicly available the performance
measures and targets for the activities carried out with grant funds.
Such measures shall, at a minimum, track the State's progress in--
(1) increasing school readiness across all domains for all
categories of children, as described in section 113(b)(7),
including children with disabilities and dual language
learners;
(2) narrowing school readiness gaps between minority and
nonminority children, and low-income children and more
advantaged children, in preparation for kindergarten entry;
(3) decreasing placement for children in elementary school
in special education programs and services as described in part
B of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.);
(4) increasing the number of programs meeting the criteria
for high-quality prekindergarten programs across all types of
local eligible entities, as defined by the State and in
accordance with section 102;
(5) decreasing the need for grade-to-grade retention in
elementary school;
(6) if applicable, ensuring that high-quality
prekindergarten programs do not experience instances of chronic
absence among the children who participate in such programs;
(7) increasing the number and percentage of low-income
children in high-quality early childhood education programs
that receive financial support through funds provided under
this subtitle; and
(8) providing high-quality nutrition services, nutrition
education, physical activity, and obesity prevention programs.
(b) Prohibition of Misdiagnosis Practices.--A State shall not, in
order to meet the performance measures and targets described in
subsection (a), engage in practices or policies that will lead to the
misdiagnosis or under-diagnosis of disabilities or developmental delays
among children who are served through programs supported under this
subtitle.
SEC. 110. MATCHING REQUIREMENTS.
(a) Matching Funds.--
(1) In general.--Except as provided in paragraph (2), a
State that receives a grant under this subtitle shall provide
matching funds from non-Federal sources, as described in
subsection (c), in an amount equal to--
(A) 10 percent of the Federal funds provided under
the grant in the first year of grant administration;
(B) 10 percent of the Federal funds provided under
the grant in the second year of grant administration;
(C) 20 percent of the Federal funds provided under
the grant in the third year of grant administration;
(D) 30 percent of the Federal funds provided under
the grant in the fourth year of grant administration;
(E) 40 percent of the Federal funds provided under
the grant in the fifth year of grant administration;
(F) 50 percent of the Federal funds provided under
the grant in the sixth year of grant administration;
(G) 75 percent of the Federal funds provided under
the grant in the seventh year of grant administration;
and
(H) 100 percent of the Federal funds provided under
the grant in the eighth and following years of grant
administration.
(2) Reduced match rate.--A State that meets the
requirements under subsection (b) may provide matching funds
from non-Federal sources at a reduced rate. The full reduced
matching funds rate shall be in an amount equal to--
(A) 5 percent of the Federal funds provided under
the grant in the first year of grant administration;
(B) 5 percent of the Federal funds provided under
the grant in the second year of grant administration;
(C) 10 percent of the Federal funds provided under
the grant in the third year of grant administration;
(D) 20 percent of the Federal funds provided under
the grant in the fourth year of grant administration;
(E) 30 percent of the Federal funds provided under
the grant in the fifth year of grant administration;
(F) 40 percent of the Federal funds provided under
the grant in the sixth year of grant administration;
(G) 50 percent of the Federal funds provided under
the grant in the seventh year of grant administration;
(H) 75 percent of the Federal funds provided under
the grant in the eighth year of grant administration;
and
(I) 100 percent of the Federal funds provided under
the grant in the ninth and following years of the grant
administration.
(b) Reduced Match Rate Eligibility.--A State that receives a grant
under this subtitle may provide matching funds from non-Federal sources
at the full reduced rate under subsection (a)(2) if the State--
(1)(A) offers enrollment in high-quality prekindergarten
programs to not less than half of children in the State who
are--
(i) age 4 on the eligibility determination date;
and
(ii) from families with incomes at or below 200
percent of the poverty line; and
(B) has a plan for continuing to expand access to high-
quality prekindergarten programs for such children in the
State; and
(2) has a plan to expand access to high-quality
prekindergarten programs to children from moderate income
families whose income exceeds 200 percent of the poverty line.
(c) Non-Federal Resources.--
(1) In cash.--A State shall provide the matching funds
under this section in cash with non-Federal resources which may
include State funding, local funding, or contributions from
philanthropy or other private sources, or a combination
thereof.
(2) Funds to be considered as matching funds.--A State may
include, as part of the State's matching funds under this
section, not more than 10 percent of the amount of State funds
designated for State prekindergarten programs or to supplement
Head Start programs under the Head Start Act (42 U.S.C. 9831 et
seq.) as of the date of enactment of this Act, but may not
include any funds that are attributed as matching funds, as
part of a non-Federal share, or as a maintenance of effort
requirement, for any other Federal program.
(d) Maintenance of Effort.--
(1) In general.--If a State reduces its combined fiscal
effort per student or the aggregate expenditures within the
State to support early childhood education programs for any
fiscal year that a State receives a grant authorized under this
subtitle relative to the previous fiscal year, the Secretary
shall reduce support for such State under this subtitle by the
same amount as the decline in State and local effort for such
fiscal year.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) if--
(A) the Secretary determines that a waiver would be
appropriate due to a precipitous decline in the
financial resources of a State as a result of
unforeseen economic hardship or a natural disaster that
has necessitated across-the-board reductions in State
services, including early childhood education programs;
or
(B) due to the circumstances of a State requiring
reductions in specific programs, including early
childhood education, if the State presents to the
Secretary a justification and demonstration why other
programs could not be reduced and how early childhood
programs in the State will not be disproportionately
harmed by such State action.
(e) Supplement Not Supplant.--Grant funds received under this
subtitle shall be used to supplement and not supplant other Federal,
State, and local public funds expended on public prekindergarten
programs in the State.
SEC. 111. ELIGIBLE LOCAL ENTITY APPLICATIONS.
(a) In General.--An eligible local entity desiring to receive a
subgrant under section 107(b) shall submit an application to the State,
at such time, in such manner, and containing such information as the
State may reasonably require.
(b) Contents.--Each application submitted under subsection (a)
shall include the following:
(1) Parent and family engagement.--A description of how the
eligible local entity plans to engage the parents and families
of the children such entity serves and ensure that parents and
families of eligible children, as described in clauses (i) and
(ii) of section 106(a)(2)(A), are aware of the services
provided by the eligible local entity, which shall include a
plan to--
(A) carry out meaningful parent and family
engagement, through the implementation and replication
of evidence-based or promising practices and
strategies, which shall be coordinated with parent and
family engagement strategies supported under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) and part A of title I and title V of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.; 7201 et seq.) and strategies in
the Head Start Parent, Family, and Community Engagement
Framework, if applicable, to--
(i) provide parents and family members with
the skills and opportunities necessary to
become engaged and effective partners in their
children's education, particularly the families
of dual language learners and children with
disabilities, which may include access to
family literacy services;
(ii) improve child development; and
(iii) strengthen relationships among
prekindergarten staff and parents and family
members; and
(B) participate in community outreach to encourage
families with eligible children to participate in the
eligible local entity's high-quality prekindergarten
program, including--
(i) homeless children;
(ii) dual language learners;
(iii) children in foster care;
(iv) children with disabilities; and
(v) migrant children.
(2) Coordination and alignment.--A description of how the
eligible local entity will--
(A) coordinate, if applicable, the eligible local
entity's activities with--
(i) Head Start agencies (consistent with
section 642(e)(5) of the Head Start Act (42
U.S.C. 9837(e)(5))), if the local entity is not
a Head Start agency;
(ii) local educational agencies, if the
eligible local entity is not a local
educational agency;
(iii) providers of services under part C of
the Individuals with Disabilities Education Act
(20 U.S.C. 1431 et seq.);
(iv) programs carried out under section 619
of the Individuals with Disabilities Education
Act (20 U.S.C. 1419); and
(v) if feasible, other entities carrying
out early childhood education programs and
services within the area served by the local
educational agency;
(B) develop a process to promote continuity of
developmentally appropriate instructional programs and
shared expectations with local elementary schools for
children's learning and development as children
transition to kindergarten;
(C) organize, if feasible, and participate in joint
training, when available, including transition-related
training for school staff and early childhood education
program staff;
(D) establish comprehensive transition policies and
procedures, with applicable elementary schools and
principals, for the children served by the eligible
local entity that support the school readiness of
children transitioning to kindergarten, including the
transfer of early childhood education program records,
with parental consent;
(E) conduct outreach to parents, families, and
elementary school teachers and principals to discuss
the educational, developmental, and other needs of
children entering kindergarten;
(F) help parents, including parents of children who
are dual language learners, understand and engage with
the instructional and other services provided by the
kindergarten in which such child will enroll after
participation in a high-quality prekindergarten
program; and
(G) develop and implement a system to increase
program participation of underserved populations of
eligible children, especially homeless children,
children eligible for a free or reduced-price lunch
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.), parents of children who are
dual language learners, and parents of children with
disabilities.
(3) Full participation of children from special
populations.--A description of how the eligible local entity
will meet the diverse needs of children in the community to be
served, including children with disabilities, children whose
native language is not English, children with other special
needs, children in the State foster care system, and homeless
children. Such description shall demonstrate, at a minimum, how
the entity plans to--
(A) ensure the eligible local entity's high-quality
prekindergarten program is accessible and appropriate
for children with disabilities and dual language
learners;
(B) establish effective procedures for ensuring use
of evidence-based practices in assessment and
instruction, including use of data for progress
monitoring of child performance and provision of
technical assistance support for staff to ensure
fidelity with evidence-based practices;
(C) establish effective procedures for timely
referral of children with disabilities to the State or
local agency described in subparagraph (B);
(D) ensure that the eligible local entity's high-
quality prekindergarten program works with appropriate
entities to address the elimination of barriers to
immediate and continuous enrollment for homeless
children; and
(E) ensure access to and continuity of enrollment
in high-quality prekindergarten programs for migratory
children, if applicable, and homeless children,
including through policies and procedures that
require--
(i) outreach to identify migratory children
and homeless children;
(ii) immediate enrollment, including
enrollment during the period of time when
documents typically required for enrollment,
including health and immunization records,
proof of eligibility, and other documents, are
obtained;
(iii) continuous enrollment and
participation in the same high-quality
prekindergarten program for a child, even if
the child moves out of the program's service
area, if that enrollment and participation are
in the child's best interest, including by
providing transportation when necessary;
(iv) professional development for high-
quality prekindergarten program staff regarding
migratory children and homelessness among
families with young children; and
(v) in serving homeless children,
collaboration with local educational agency
liaisons designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)),
and local homeless service providers.
(4) Accessible comprehensive services.--A description of
how the eligible local entity plans to provide accessible
comprehensive services, described in section 102(9)(I), to the
children the eligible local entity serves. Such description
shall provide information on how the entity will--
(A) conduct a data-driven community assessment in
coordination with members of the community, including
parents and community organizations, or use a recently
conducted data-driven assessment, which--
(i) may involve an external partner with
expertise in conducting such needs analysis, to
determine the most appropriate social or other
support services to offer through the eligible
local entity's on-site comprehensive services
to children who participate in high-quality
prekindergarten programs; and
(ii) shall consider the resources available
at the school, local educational agency, and
community levels to address the needs of the
community and improve child outcomes; and
(B) have a coordinated system to facilitate the
screening, referral, and provision of services related
to health, nutrition, mental health, disability, and
family support for children served by the eligible
local entity.
(5) Workforce.--A description of how the eligible local
entity plans to support the instructional staff of such
entity's high-quality prekindergarten program, which shall, at
a minimum, include a plan to provide high-quality professional
development, or facilitate the provision of high-quality
professional development through an external partner with
expertise and a demonstrated track record of success, based on
scientifically valid research, that will improve the knowledge
and skills of high-quality prekindergarten teachers and staff
through activities, which may include--
(A) acquiring content knowledge and learning
teaching strategies needed to provide effective
instruction that addresses the State's early learning
and development standards described under section
105(1), including professional training to support the
social and emotional development of children;
(B) enabling high-quality prekindergarten teachers
and staff to pursue specialized training in early
childhood development;
(C) enabling high-quality prekindergarten teachers
and staff to acquire the knowledge and skills to
provide instruction and appropriate language and
support services to increase the English language
skills of dual language learners;
(D) enabling high-quality prekindergarten teachers
and staff to acquire the knowledge and skills to
provide developmentally appropriate instruction for
children with disabilities;
(E) promoting classroom management;
(F) providing high-quality induction and support
for incoming high-quality prekindergarten teachers and
staff in high-quality prekindergarten programs,
including through the use of mentoring programs and
coaching that have a demonstrated track record of
success;
(G) promoting the acquisition of relevant
credentials, including in ways that support career
advancement through career ladders; and
(H) enabling high-quality prekindergarten teachers
and staff to acquire the knowledge and skills to
provide culturally competent instruction for children
from diverse backgrounds.
SEC. 112. REQUIRED SUBGRANT ACTIVITIES.
(a) In General.--An eligible local entity that receives a subgrant
under section 107(b) shall use subgrant funds to implement the elements
of a high-quality prekindergarten program for the children described in
section 107(b).
(b) Coordination.--
(1) Local educational agency partnerships with local early
childhood education programs.--A local educational agency that
receives a subgrant under this subtitle shall provide an
assurance that the local educational agency will enter into
strong partnerships with local early childhood education
programs, including programs supported through the Head Start
Act (42 U.S.C. 9831 et seq.).
(2) Eligible local entities that are not local educational
agencies.--An eligible local entity that is not a local
educational agency that receives a subgrant under this subtitle
shall provide an assurance that such entity will enter into
strong partnerships with local educational agencies.
SEC. 113. REPORT AND EVALUATION.
(a) In General.--Each State that receives a grant under this
subtitle shall prepare an annual report, in such manner and containing
such information as the Secretary may reasonably require.
(b) Contents.--A report prepared under subsection (a) shall
contain, at a minimum--
(1) a description of the manner in which the State has used
the funds made available through the grant and a report of the
expenditures made with the funds;
(2) a summary of the State's progress toward providing
access to high-quality prekindergarten programs for children
eligible for such services, as determined by the State, from
families with incomes at or below 200 percent of the poverty
line, including the percentage of funds spent on children from
families with incomes--
(A) at or below 100 percent of the poverty line;
(B) at or below between 101 and 150 percent of the
poverty line; and
(C) at or below between 151 and 200 percent of the
poverty line;
(3) an evaluation of the State's progress toward achieving
the State's performance targets, described in section 109;
(4) data on the number of high-quality prekindergarten
program teachers and staff in the State (including teacher
turnover rates and teacher compensation levels compared to
teachers in elementary schools and secondary schools),
according to the setting in which such teachers and staff work
(which settings shall include, at a minimum, Head Start
programs, public prekindergarten, and child care programs) who
received training or education during the period of the grant
and remained in the early childhood education program field;
(5) data on the kindergarten readiness of children in the
State;
(6) a description of the State's progress in effectively
using Federal, State, and local public funds and private funds,
for early childhood education;
(7) the number and percentage of children in the State
participating in high-quality prekindergarten programs,
disaggregated by race, ethnicity, family income, child age,
disability, whether the children are homeless children, and
whether the children are dual language learners;
(8) data on the availability, affordability, and quality of
infant and toddler care in the State;
(9) the number of operational minutes per week and per year
for each eligible local entity that receives a subgrant;
(10) the local educational agency and zip code in which
each eligible local entity that receives a subgrant operates;
(11) information, for each of the local educational
agencies described in paragraph (10), on the percentage of the
costs of the public early childhood education programs that is
funded from Federal, from State, and from local sources,
including the percentages from specific funding programs;
(12) data on the number and percentage of children in the
State participating in public kindergarten programs,
disaggregated by race, family income, child age, disability,
whether the children are homeless children, and whether the
children are dual language learners, with information on
whether such programs are offered--
(A) for a full day; and
(B) at no cost to families;
(13) data on the number of individuals in the State who are
supported with scholarships, if applicable, to meet the
baccalaureate degree requirement for high-quality
prekindergarten programs, as defined in section 102; and
(14) information on--
(A) the rates of expulsion, suspension, and similar
disciplinary action, of children in the State
participating in high-quality prekindergarten programs,
disaggregated by race, ethnicity, family income, child
age, and disability;
(B) the State's progress in establishing policies
on effective behavior management strategies and
training that promote positive social and emotional
development to eliminate expulsions and suspensions of
children participating in high-quality prekindergarten
programs; and
(C) the State's policies on providing early
learning services to children in the State
participating in high-quality prekindergarten programs
who have been suspended.
(c) Submission.--A State shall submit the annual report prepared
under subsection (a), at the end of each fiscal year, to the Secretary,
the Secretary of Health and Human Services, and the State Advisory
Council on Early Childhood Education and Care.
(d) Cooperation.--An eligible local entity that receives a subgrant
under this subtitle shall cooperate with all Federal and State efforts
to evaluate the effectiveness of the program the entity implements with
subgrant funds.
(e) National Report.--The Secretary shall compile and summarize the
annual State reports described under subsection (c) and shall prepare
and submit an annual report to Congress that includes a summary of such
State reports.
SEC. 114. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF FUNDS FOR
ASSESSMENTS.
(a) Prohibition on Required Participation.--A State receiving a
grant under this subtitle shall not require any child to participate in
any Federal, State, local, or private early childhood education
program, including a high-quality prekindergarten program.
(b) Prohibition on Use of Funds for Assessment.--A State receiving
a grant under this subtitle and an eligible local entity receiving a
subgrant under this subtitle shall not use any grant or subgrant funds
to carry out any of the following activities:
(1) An assessment that provides rewards or sanctions for
individual children, teachers, or principals.
(2) An assessment that is used as the primary or sole
method for assessing program effectiveness.
(3) Evaluating children, other than for the purposes of--
(A) improving instruction or the classroom
environment;
(B) targeting professional development;
(C) determining the need for health, mental health,
disability, or family support services;
(D) program evaluation for the purposes of program
improvement and parent information; and
(E) improving parent and family engagement.
SEC. 115. COORDINATION WITH HEAD START PROGRAMS.
(a) Increased Access for Younger Children.--Not later than 1 year
after the date of enactment of this Act, the Secretary and the
Secretary of Health and Human Services shall develop a process--
(1) for use in the event that Head Start programs funded
under the Head Start Act (42 U.S.C. 9831 et seq.) operate in
States or regions that have achieved sustained universal,
voluntary access to 4-year-old children who reside within the
State and who are from families with incomes at or below 200
percent of the poverty line to high-quality prekindergarten
programs; and
(2) for how such Head Start programs will begin converting
slots for children who are age 4 on the eligibility
determination date to children who are age 3 on the eligibility
determination date, or, when appropriate, converting Head Start
programs into Early Head Start programs to serve infants and
toddlers.
(b) Community Need and Resources.--The process described in
subsection (a) shall--
(1) be carried out on a case-by-case basis and shall ensure
that sufficient resources and time are allocated for the
development of such a process so that no child or cohort is
excluded from currently available services; and
(2) ensure that any conversion shall be based on community
need and not on the aggregate number of children served in a
State or region that has achieved sustained, universal,
voluntary access to high-quality prekindergarten programs.
(c) Public Comment and Notice.--Not fewer than 90 days after the
development of the proposed process described in subsection (a), the
Secretary and the Secretary of Health and Human Services shall publish
a notice describing such proposed process for conversion in the Federal
Register providing at least 90 days for public comment. The Secretaries
shall review and consider public comments prior to finalizing the
process for conversion of Head Start slots and programs.
(d) Reports to Congress.--Concurrently with publishing a notice in
the Federal Register as described in subsection (c), the Secretaries
shall provide a report to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate that provides a detailed description
of the proposed process described in subsection (a), including a
description of the degree to which Head Start programs are providing
State-funded high-quality prekindergarten programs as a result of the
grant opportunity provided under this subtitle in States where Head
Start programs are eligible for conversion described in subsection (a).
SEC. 116. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.
In providing technical assistance to carry out activities under
this subtitle, the Secretary shall coordinate that technical
assistance, in appropriate cases, with technical assistance provided by
the Secretary of Health and Human Services to carry out the programs
authorized under the Head Start Act (42 U.S.C. 9831 et seq.), the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
and the maternal, infant and early childhood home visiting programs
assisted under section 511 of the Social Security Act (42 U.S.C. 711).
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,300,000,000 for fiscal year 2016;
(2) $3,250,000,000 for fiscal year 2017;
(3) $5,780,000,000 for fiscal year 2018;
(4) $7,580,000,000 for fiscal year 2019;
(5) $8,960,000,000 for fiscal year 2020; and
(6) such sums as may be necessary for each of fiscal years
2021 through 2025.
Subtitle B--Prekindergarten Development Grants
SEC. 121. PREKINDERGARTEN DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Education, in consultation with
the Secretary of Health and Human Services, shall award competitive
grants to States, local educational agencies, or other local government
entities that wish to increase their capacity and build the
infrastructure within the State to offer high-quality prekindergarten
programs.
(b) Eligibility of States.--A State that is not receiving funds
under section 105 may compete for grant funds under this subtitle if
the State provides an assurance that the State will, through the
support of grant funds awarded under this subtitle, meet the
eligibility requirements of section 105 not later than 3 years after
the date the State first receives grant funds under this subtitle.
(c) Grant Duration.--The Secretary shall award grants under this
subtitle for a period of not more than 3 years. Such grants shall not
be renewed.
(d) Application.--
(1) In general.--A Governor, or chief executive officer of
a State, a local educational agency, or another local
government entity that desires to receive a grant under this
subtitle shall submit an application to the Secretary of
Education at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require, including,
if applicable, a description of how the State plans to become
eligible for grants under section 105 by not later than 3 years
after the date the State first receives grant funds under this
subtitle.
(2) Development of state application.--In developing an
application for a grant under this subtitle, a State shall
consult with the State Advisory Council on Early Childhood
Education and Care and incorporate their recommendations, where
applicable.
(e) Matching Requirement.--
(1) In general.--To be eligible to receive a grant under
this subtitle, a State, local educational agency, or other
local government entity shall contribute for the activities for
which the grant was awarded non-Federal matching funds in an
amount equal to not less than 20 percent of the amount of the
grant.
(2) Non-federal funds.--To satisfy the requirement of
paragraph (1), a State, local educational agency, or other
local government entity may use--
(A) non-Federal resources in the form of State
funding, local funding, or contributions from
philanthropy or other private sources, or a combination
of such resources; or
(B) in-kind contributions.
(3) Financial hardship waiver.--The Secretary may waive
paragraph (1) or reduce the amount of matching funds required
under that paragraph for a State, local educational agency, or
other local government entity that has submitted an application
for a grant under this subsection if the State, local
educational agency, or other local government entity
demonstrates, in the application, a need for such a waiver or
reduction due to extreme financial hardship, as determined by
the Secretary.
(f) Subgrants.--
(1) In general.--A State, local educational agency, or
other local government entity awarded a grant under this
subtitle may use the grant funds to award subgrants to eligible
local entities, as defined in section 102, to carry out the
activities under the grant.
(2) Subgrantees.--An eligible local entity awarded a
subgrant under paragraph (1) shall comply with the requirements
of this subtitle relating to grantees, as appropriate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $750,000,000 for fiscal year 2016; and
(2) such sums as may be necessary for each of fiscal years
2017 through 2025.
TITLE II--EARLY LEARNING QUALITY PARTNERSHIPS
SEC. 201. PURPOSES.
The purposes of this title are to--
(1) increase the availability of, and access to, high-
quality early childhood education and care programming for
infants and toddlers;
(2) support a higher quality of, and increase capacity for,
that programming in both child care centers and family child
care homes;
(3) encourage the provision of comprehensive, coordinated
full-day services and supports for infants and toddlers; and
(4) increase access to appropriate supports so children
with disabilities and other special populations can fully
participate in high-quality early education programs.
SEC. 202. EARLY LEARNING QUALITY PARTNERSHIPS.
The Head Start Act is amended--
(1) by amending section 645A(e) (42 U.S.C. 9840a(e)) to
read as follows:
``(e) Selection of Grant Recipients.--The Secretary shall award
grants under this section on a competitive basis to applicants meeting
the criteria in subsection (d) (giving priority to entities with a
record of providing early, continuous, and comprehensive childhood
development and family services and entities that agree to partner with
a center-based or family child care provider to carry out the
activities described in section 645B).''; and
(2) by inserting after section 645A (42 U.S.C. 9840a) the
following:
``SEC. 645B. EARLY LEARNING QUALITY PARTNERSHIPS.
``(a) In General.--The Secretary shall make grants to Early Head
Start agencies to partner with center-based or family child care
providers, particularly those that receive support under the Child Care
and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), that
agree to meet program performance standards that are described in
section 641A(a)(1) and Early Head Start standards described in 645A are
applicable to the ages of children served with funding and technical
assistance from the Early Head Start agency.
``(b) Selection of Grant Recipients.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall award grants under this section in a
manner consistent with section 645A(e).
``(2) Competitive priority.--In awarding grants under this
section, the Secretary shall give priority to applicants--
``(A) that propose to create strong alignment of
programs with maternal, infant and early childhood home
visiting programs assisted under section 511 of the
Social Security Act (42 U.S.C. 711), State-funded
prekindergarten programs, programs carried out under
the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.), and other programs supported
under this Act, to create a strong continuum of high-
quality services for children from birth to school
entry; and
``(B) that seek to work with child care providers
across settings, including center-based and home-based
programs.
``(3) Allocation.--
``(A) Reservation.--From funds appropriated to
carry out this section, the Secretary shall reserve--
``(i) not less than 3 percent of such funds
for Indian Head Start programs that serve young
children;
``(ii) not less than 4.5 percent for
migrant and seasonal Head Start programs that
serve young children; and
``(iii) not less than .2 percent for
programs funded under clause (iv) or (v) of
section 640(a)(2)(B).
``(B) Allocation among states.--The Secretary shall
allocate funds appropriated to carry out this section
and not reserved under subparagraph (A) among the
States proportionally based on the number of young
children from families whose income is below the
poverty line residing in such States.
``(c) Eligibility of Children.--
``(1) Partnerships formed through assistance provided under
this section may serve children through age 3; and
``(2) the standards applied to children in subsection (a)
shall be consistent with those applied to 3-year-old children
under this subchapter.
``(d) Partnerships.--An Early Head Start agency that receives a
grant under this section shall--
``(1) enter into a contractual relationship with a center-
based or family child care provider to raise the quality of
such provider's programs so that the provider meets the program
performance standards described in subsection (a) through
activities that may include--
``(A) expanding the center-based or family child
care provider's programs through financial support;
``(B) providing training, technical assistance, and
support to the provider in order to help the provider
meet the program performance standards, which may
include supporting program and partner staff in earning
a child development associate credential, associate's
degree, or baccalaureate degree in early childhood
education or a closely related field for working with
infants and toddlers; and
``(C) blending funds received under the Child Care
and Development Block Grant of 1990 (42 U.S.C. 9858 et
seq.) and the Early Head Start program carried out
under section 645A in order to provide high-quality
child care, for a full day, that meets the program
performance standards;
``(2) develop and implement a proposal to recruit and enter
into the contract with a center-based or family child care
provider, particularly a provider that serves children who
receive assistance under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.);
``(3) create a clear and realizable timeline to increase
the quality and capacity of a center-based or family child care
provider so that the provider meets the program performance
standards described in subsection (a); and
``(4) align activities and services provided through
funding under this section with the Head Start Child Outcomes
Framework.
``(e) Standards.--Prior to awarding grants under this section, the
Secretary shall establish standards to ensure that the responsibility
and expectations of the Early Head Start Agency and the partner child
care providers are clearly defined.
``(f) Designation Renewal.--A partner child care provider that
receives assistance through a grant provided under this section shall
be exempt, for a period of 18 months, from the designation renewal
requirements under section 641(c).
``(g) Survey of Early Head Start Agencies and Report to Congress.--
Within one year of the effective date of this section, the Secretary
shall conduct a survey of Early Head Start agencies to determine the
extent of barriers to entering into Early Learning Quality Partnership
agreements on Early Head Start agencies and on child care providers,
and submit this information, with suggested steps to overcome such
barriers, in a report to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, including a detailed description of
the degree to which Early Head Start agencies are utilizing the funds
provided.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $1,430,376,000 for fiscal year 2016; and
``(2) such sums as may be necessary for each of fiscal
years 2017 through 2025.''.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS FOR THE EDUCATION OF
CHILDREN WITH DISABILITIES
SEC. 301. PRESCHOOL GRANTS.
Section 619(j) of the Individuals with Disabilities Education Act
(20 U.S.C. 1419(j)) is amended to read as follows:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $418,000,000 for fiscal year
2016.''.
SEC. 302. INFANTS AND TODDLERS WITH DISABILITIES.
Section 644 of the Individuals with Disabilities Education Act (20
U.S.C. 1444) is amended to read as follows:
``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $508,000,000 for fiscal year 2016.''.
TITLE IV--MATERNAL, INFANT, AND EARLY CHILDHOOD HOME VISITING PROGRAM
SEC. 401. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that--
(1) from the prenatal period to the first day of
kindergarten, children's development rapidly progresses at a
pace exceeding that of any subsequent stage of life;
(2) as reported by the National Academy of Sciences in
2001, striking disparities exist in what children know and can
do that are evident well before they enter kindergarten; these
differences are strongly associated with social and economic
circumstances, and they are predictive of subsequent academic
performance;
(3) research has consistently demonstrated that investments
in high-quality programs that serve infants and toddlers better
positions those children for success in elementary, secondary,
and postsecondary education as well as helping children develop
the critical physical, emotional, social, and cognitive skills
that they will need for the rest of their lives;
(4) in 2011, there were 11,000,000 infants and toddlers
living in the United States and 49 percent of these children
came from low-income families living with incomes at or below
200 percent of the Federal poverty guidelines;
(5) the Maternal, Infant, and Early Childhood Home Visiting
(MIECHV) program was authorized by Congress to facilitate
collaboration and partnership at the Federal, State, and
community levels to improve health and development outcomes for
at-risk children, including those from low-income families,
through evidence-based home visiting programs;
(6) MIECHV is an evidence-based policy initiative and its
authorizing legislation requires that at least 75 percent of
funds dedicated to the program must support programs to
implement evidence-based home visiting models, which includes
the home-based model of Early Head Start; and
(7) Congress should continue to provide resources to MIECHV
to support the work of States to help at-risk families
voluntarily receive home visits from nurses and social workers
to--
(A) promote maternal, infant, and child health;
(B) improve school readiness and achievement;
(C) prevent potential child abuse or neglect and
injuries;
(D) support family economic self-sufficiency;
(E) reduce crime or domestic violence; and
(F) improve coordination or referrals for community
resources and supports.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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