Universal Child Care and Early Learning Act
This bill provides funds to the Department of Health and Human Services (HHS) for an affordable child care and early learning program. Children who are at least six weeks of age but not yet required to attend school may participate in the program regardless of family income, disability status, citizenship status, or employment of a family member.
Under the program, HHS must support sponsors (e.g., states, local governments, tribal organizations, and nonprofit community organizations) that provide child care and early learning services for families.
Families must pay a subsidized fee, based on their income, for the services. The fees are waived for children from families with incomes below 200% of the poverty line. The fees are capped at 7% of a family's income regardless of the family's income level.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2886 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2886
To establish universal child care and early learning programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2021
Mr. Jones (for himself, Mr. Carson, Ms. Tlaib, Mr. Khanna, Mr. Garcia
of Illinois, Mrs. Napolitano, Ms. Pressley, Ms. Lee of California, Ms.
Jayapal, Ms. Jacobs of California, Mr. Auchincloss, Mr. McGovern, Mr.
Takano, Ms. Norton, Ms. Bush, Ms. Meng, and Ms. Clark of Massachusetts)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To establish universal child care and early learning programs.
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 ``Universal Child Care and Early
Learning Act''.
TITLE I--CHILD CARE AND EARLY LEARNING PROGRAMS
SEC. 101. STATEMENT OF PURPOSES.
The purposes of this title are--
(1) to provide all young children with a fair and full
opportunity to reach their full potential, by establishing and
expanding programs, to create universal, comprehensive child
care and early learning programs that are available to all
young children;
(2) to ensure that families can access affordable, high-
quality child care and early learning programs regardless of
circumstance;
(3) to promote the school readiness of all young children
by enhancing their cognitive, social, emotional, and physical
development--
(A) in a learning environment that supports
children's growth in language, literacy, mathematics,
science, cognitive abilities, social and emotional
functioning, creative arts, physical skills, and
approaches to learning; and
(B) through the provision to children and their
families of health, educational, nutritional, social,
and other services that are determined, based on family
needs assessments, to be necessary;
(4) to recognize and build upon the experience and success
gained through the Head Start program, the military child care
program, and similar efforts;
(5) to provide that decisions on the nature of such child
care and early learning programs be made at the community level
with the full involvement of parents, family members, and other
individuals and organizations in the community; and
(6) to establish the legislative framework for child care
and early learning services.
SEC. 102. DEFINITIONS.
For purposes of this title:
(1) Child care and early learning program.--The term
``child care and early learning program'' means any program
that provides child care and early learning services in child
care and early learning centers (including schools) or in
family child care homes.
(2) Child with a disability.--The term ``child with a
disability'' means--
(A) a child with a disability, as defined in
section 602(3) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(3)); and
(B) an infant or toddler with a disability, as
defined in section 632(5) of such Act (20 U.S.C.
1432(5)).
(3) Community.--The term ``community'' means a city,
county, or multicity or multicounty unit within a State, an
Indian reservation (including Indians in any nearby off-
reservation area designated by an appropriate tribal government
in consultation with the Secretary), or a neighborhood or other
area (irrespective of boundaries or political subdivisions)
that provides a suitable organizational base and possesses the
commonality of interest needed to operate a child care and
early learning program.
(4) Covered child.--The term ``covered child'' means a
child who--
(A) is--
(i) not younger than 6 weeks of age; and
(ii) not yet required to attend school,
under the laws of compulsory school attendance
of the State in which the child resides; and
(B) meets the requirements of regulations issued
under section 124.
(5) Dual language learner.--The term ``dual language
learner'' means a child who is acquiring two or more languages
at the same time, or a child who is learning a second language
while continuing to develop the child's first language,
including a child who may also be identified by a State or
locality as ``bilingual'', ``an English language learner'',
``limited English proficient'', ``an English learner'', or a
child who speaks a ``language other than English''.
(6) Family literacy services.--The term ``family literacy
services'' means services that--
(A) are family literacy services, as defined in
section 637 of the Head Start Act (42 U.S.C. 9832); and
(B) meet the requirements of section 641A of such
Act (42 U.S.C. 9836a).
(7) Financial assistance.--The term ``financial
assistance'' includes assistance provided by grant, agreement,
or contract, for which payments may be made in installments and
in advance or by way of reimbursement with necessary
adjustments on account of overpayments or underpayments.
(8) Full-working-day.--The term ``full-working-day'' means
not less than 10 hours per day. Nothing in this paragraph shall
be construed to require an entity to provide services to a
child who has not reached the age of compulsory school
attendance for more than the number of hours per day permitted
by State law (including regulation) for the provision of
services to such a child.
(9) Health.--The term ``health'', when used to refer to
services or care provided to children enrolled in a child care
and early learning program, their parents, or their siblings,
shall be interpreted to refer to both physical and mental
health.
(10) Homeless child.--The term ``homeless child'' means an
individual described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)).
(11) Indian.--The term ``Indian'' means an individual who
is--
(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
(i) any tribe or band terminated since
1940; and
(ii) any tribe or band recognized by the
State in which the tribe or band resides;
(B) a descendant of an individual described in
subparagraph (A);
(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native; or
(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect on October 19, 1994.
(12) Indian tribe.--The term ``Indian tribe'' means an
Indian tribe, within the meaning of part A of title VI of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401
et seq.).
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(14) Local educational agency.--The term ``local
educational agency'' has the meaning given such term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(15) Locality.--The term ``locality'' means any city,
municipality, county, or other political subdivision of a State
having general governmental powers, or any combination of such
political subdivisions.
(16) Low-income.--The term ``low-income'', used with
respect to a child or other individual, means an individual in
a family with a family income that is not more than 200 percent
of the poverty line.
(17) Migrant or seasonal child care and early learning
program.--The term ``migrant or seasonal child care and early
learning program'' means--
(A) with respect to services for migrant
farmworkers, a child care and early learning program
that serves families who are engaged in agricultural
labor and who have changed their residence from one
geographic location to another in the preceding 2-year
period; and
(B) with respect to services for seasonal
farmworkers, a child care and early learning program
that serves families who are engaged primarily in
seasonal agricultural labor and who have not changed
their residence to another geographic location in the
preceding 2-year period.
(18) Military child care program.--The term ``military
child care program'' means the program carried out under
subchapter II of chapter 88 of title 10, United States Code.
(19) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(20) Poverty line.--The term ``poverty line'' means the
official poverty line (as defined by the Office of Management
and Budget) based on the most recent data available from the
Bureau of the Census--
(A) adjusted to reflect the percentage change in
the Consumer Price Index For All Urban Consumers,
issued by the Bureau of Labor Statistics, during the
annual or other interval immediately preceding the date
on which such adjustment is made; and
(B) adjusted for family size.
(21) Professional development.--The term ``professional
development'' means the career-pathway aligned mechanisms that
contribute to ensuring that a member of the early care and
education workforce, in any setting, has or is working towards
obtaining the degrees and other credentials needed to
demonstrate the necessary knowledge and competencies for
quality provision of child care and early learning services.
(22) Scientifically valid research.--The term
``scientifically valid research'' includes applied research,
basic research, and field-initiated research, in which the
rationale, design, and interpretation are soundly developed in
accordance with principles of scientific research.
(23) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(24) State.--The term ``State'' means--
(A) a State, as defined in section 637 of the Head
Start Act; and
(B) the Republic of Palau--
(i) for each of fiscal years 2022 through
2026; and
(ii) (if legislation approving a new
agreement regarding United States assistance
for the Republic of Palau has not been enacted
by September 30, 2024), for each subsequent
fiscal year for which such legislation has not
been enacted.
(25) Tribal land.--The term ``tribal land'' means a
reservation, the land of an Indian tribe, or land designated by
Hawaii as under the control of Native Hawaiians for purposes of
this title.
(26) Tribal organization.--The term ``tribal organization''
means--
(A) the recognized governing body of any Indian
tribe, and any legally established organization of
Indians which is controlled, sanctioned, or chartered
by such governing body or which is democratically
elected by the adult members of the Indian community to
be served by such organization and which includes the
maximum participation of Indians in all phases of its
activities, except that in any case where a contract is
let or grant made to an organization to perform
services benefitting more than one Indian tribe, the
approval of each such Indian tribe shall be a
prerequisite to the letting or making of such contract
or grant; and
(B) includes a Native Hawaiian organization, as
defined in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517) and a private
nonprofit organization established for the purpose of
serving youth who are Indians or Native Hawaiians.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS; APPROPRIATIONS.
(a) Appropriations.--There are authorized to be appropriated and
there are appropriated to carry out this title (other than the
activities described in subsection (b)), including meeting the
entitlement requirements of section 111(b), such sums as may be
necessary.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out activities under sections 135, 136, 137, 138,
151, 152, and such administrative activities as the Secretary
determines to be necessary and appropriate to carry out this title,
$500,000,000 for each of fiscal years 2022 through 2032.
Subtitle A--Prime Sponsors and Providers
SEC. 111. FINANCIAL ASSISTANCE FOR CHILD CARE AND EARLY LEARNING
PROGRAMS.
(a) In General.--The Secretary shall provide financial assistance
for carrying out child care and early learning programs under this
title to prime sponsors, to provide family-centered services to
children to promote their development and learning, pursuant to plans
and applications approved in accordance with the provisions of this
title.
(b) Entitlement.--Each covered child shall be entitled to
participate in a child care and early learning program that meets the
requirements of this title. The entitlement shall not be a capped
entitlement.
SEC. 112. ALLOCATION OF FUNDS; PAYMENTS.
(a) Allocation to Activities.--The Secretary shall allocate the
amounts appropriated for carrying out this title for any fiscal year
after fiscal year 2021, in the following manner:
(1) Child care and early learning programs.--The amount
made available under section 103(a) shall be used for the
purpose of providing financial assistance to carry out child
care and early learning programs under this title for covered
children, other than activities described in paragraph (2).
(2) Administrative and enhancement activities.--Of the
amounts appropriated under section 103(b)--
(A) such portion, but not less than 50 percent,
shall be used for the purpose of carrying out
activities under sections 135 and 136 and such
administrative activities as the Secretary determines
to be necessary and appropriate to carry out this
title;
(B) such portion, but not less than 20 percent,
shall be used for the purpose of carrying out
activities under section 151; and
(C) the remainder of such amounts shall be used for
the purpose of carrying out activities under sections
137, 138, and 152.
(3) Flexibility for emergency supplemental funding.--
Notwithstanding paragraph (2), the Secretary may, after
providing appropriate notice and written justification to
Congress, redirect any amounts appropriated under section
103(b) as the Secretary determines to be necessary and
appropriate to carry out section 151 for the purpose of
carrying out activities under section 151.
(b) Publication.--As soon as practicable after funds are
appropriated under section 103(b) for any fiscal year, the Secretary
shall publish in the Federal Register the amounts made available for
that fiscal year to carry out each of the activities described in
subsection (a)(2).
(c) Payments.--
(1) In general.--
(A) Authority for payments.--In accordance with
this subsection, the Secretary shall pay, from the
allocation under subsection (a)(1), the Federal share
of the costs of providing child care and early learning
programs, in accordance with plans under sections 113
and 114 that have been approved as provided in this
title.
(B) Manner and timing for payments.--The Secretary
may make such financial assistance as may be necessary
to carry out this title. The Secretary may also
withhold funds otherwise payable under this title in
order to recover any amounts expended in the current or
immediately prior fiscal year in violation of any
provision of this title or any term or condition of
financial assistance under this title.
(2) Federal share.--
(A) In general.--Except as provided in
subparagraphs (B) through (E) and section 151, the
Federal share of the costs of providing child care and
early learning programs for covered children shall be
not more than 80 percent.
(B) Low-income children.--The Federal share shall
be 80 percent of the costs of providing child care and
early learning programs for low-income covered
children.
(C) Children who are not low-income.--The Federal
share shall be 50 percent of the costs of providing
child care and early learning programs for covered
children who are not low-income children.
(D) Children of migrant and seasonal farmworkers.--
The Secretary shall pay for 100 percent of the costs of
providing child care and early learning programs for
covered children of migrant and seasonal farmworkers
under this title.
(E) Native american children.--The Secretary shall
pay each prime sponsor designated under section 113 for
100 percent of the costs of providing child care and
early learning programs for covered children in Indian
tribes and Native Hawaiian covered children under this
title.
(F) Administrative amount.--When making a payment
described in paragraph (1) to any prime sponsor for the
Federal share of the costs of providing a child care
and early learning program, the Secretary shall also
make a payment to the prime sponsor of not more than
100 percent of the costs for staff and other
administrative expenses of the prime sponsor, including
such costs and expenses related to quality improvement
(such as conducting monitoring and training) and
operating the Child Care and Early Learning Council,
but not to exceed an amount which is reasonable when
compared with such costs and expenses for other prime
sponsors.
(3) Rate analysis.--
(A) Process.--The Secretary shall, on the basis of
recommendations by an committee of experts outside the
Department of Health and Human Services, establish and
implement a process for determining the costs described
in paragraph (1)(A) and ensuring that the requirement
of subparagraph (B) is met.
(B) Sufficiency requirement.--The Secretary shall
ensure that the Federal share determined under
paragraph (2) is sufficient to ensure that a prime
sponsor can meet all requirements under this title,
including the national program standards under section
121, compensation provisions under section 136(b), and
provisions relating to comprehensive services and
access to services.
(4) Non-federal share.--
(A) Sources.--The non-Federal share of the costs
described in paragraph (1) may be provided through
public or private funds (including labor union or
employer contributions) and may be in cash or in kind,
fairly evaluated, including facilities, goods, or
services.
(B) Fees from families.--Fees collected for
services provided pursuant to section 114(j) may be
used toward the non-Federal share. Such fees collected
from a family may not exceed 7 percent of the family
income, regardless of the number of children served
from that family.
(C) Excess contributions.--If, with respect to any
fiscal year, a prime sponsor provides a non-Federal
share, for any program that exceeds its requirements
for such a share, such excess may be applied toward
meeting the requirements for such a share for the
subsequent fiscal year under this title.
(d) Maintenance of Effort.--No State or locality shall reduce its
expenditures for child care and early learning programs (including
home-based child care and early learning programs) because of financial
assistance provided under this title.
SEC. 113. DESIGNATION OF PRIME SPONSORS.
(a) Authority To Designate.--
(1) Qualified entities.--In accordance with the provisions
of this section, a State, locality, Indian tribe, tribal
organization, or public or private nonprofit agency or
organization, meeting the requirements of this title may be
designated by the Secretary as a prime sponsor for the purpose
of entering into arrangements to carry out child care and early
learning programs under this title.
(2) Prime sponsorship plans.--An entity may be designated
by the Secretary as a prime sponsor for a period of fiscal
years only pursuant to an application in the form of a prime
sponsorship plan which was submitted by such entity and
approved by the Secretary in accordance with the provisions of
this title. At a minimum, the plan shall--
(A) describe the service area to be served and how
the program will be delivered;
(B) provide a comprehensive child care and early
learning plan, as described in section 114(b); and
(C) demonstrate that the entity has the authority
under its charter or applicable law to receive and
administer funds under this title, funds and
contributions from private or public sources that may
be used in support of a child care and early learning
program, and funds under a Federal or State assistance
program that may be so used.
(3) Approval.--No prime sponsorship plan, or modification
of the plan, submitted by an entity under this section shall be
approved by the Secretary unless the Secretary determines, in
accordance with regulations which the Secretary shall
prescribe, that--
(A) the local educational agency for the service
area and other appropriate educational and training
agencies and institutions have had an opportunity to
submit comments to the entity and to the Secretary;
(B) appropriate officials from Indian tribes or
tribal organizations have had an opportunity to submit
comments to the entity and to the Secretary; and
(C) the Governor of the State has had an
opportunity to submit comments to the entity and to the
Secretary.
(4) Joint submission.--In order to contribute to the
effective administration of this title, the Secretary shall
establish appropriate procedures to permit an entity described
in subsection (a)(1) and a State to submit jointly a single
comprehensive child care and early learning plan for the
service areas the entity and State propose. If the Secretary
approves such a plan, the Secretary may designate the entity as
a prime sponsor, and the State as a prime sponsor, for the
corresponding service areas.
(b) Additional Approval Procedures.--
(1) Locality over population threshold.--The Secretary
shall approve a prime sponsorship plan submitted by a locality
if--
(A) the locality meets a population threshold
determined by the Secretary, except that the Secretary
may waive the population threshold if it creates a
barrier to providing child care and early learning
services in a service area of a specified type, such as
a rural region;
(B) the plan meets the requirements of subsection
(a) and includes adequate provisions for carrying out
child care and early learning programs in the area of
such locality; and
(C) the locality is a--
(i) city;
(ii) county; or
(iii) other unit of general local
government, including a local educational
agency, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(2) Localities with common geographical area.--In the event
that the area under the jurisdiction of a unit of general local
government described in clause (i), (ii), (iii), or (iv) of
paragraph (1)(C) includes any common geographical area with the
geographical area covered by another such unit of general local
government, the Secretary shall designate to serve such common
area the unit of general local government that--
(A) the Secretary determines has the capability of
more effectively carrying out the purposes of this
title with respect to such area; and
(B) has submitted a plan which meets the
requirements of subsection (a) and includes adequate
provisions for carrying out child care and early
learning programs in such area.
(3) Localities.--
(A) Submission by combination.--In the event that
the Secretary determines that a locality does not meet
the requirements for designation as a prime sponsor
under this section, the Secretary shall take steps to
encourage the submission of a prime sponsorship plan,
covering the area of such locality, by a combination of
localities which are adjoining and possess a sufficient
commonality of interest.
(B) Approval.--The Secretary shall approve a prime
sponsorship plan submitted by such a combination of
localities, if the Secretary determines that the plan
so submitted meets the requirements of subsection (a)
and includes adequate provisions for carrying out child
care and early learning programs in the area covered by
the combination of such localities.
(4) Indian tribes and tribal organizations.--The Secretary
shall approve a prime sponsorship plan submitted by an Indian
tribe or tribal organization if the Secretary determines that
the plan so submitted meets the requirements of subsection (a)
and includes adequate provisions for carrying out child care
and early learning programs in the area to be served.
(5) States.--The Secretary shall approve a prime
sponsorship plan submitted by a State if the Secretary
determines that the plan so submitted--
(A) meets the requirements of subsection (a);
(B) includes adequate provisions for carrying out
child care and early learning programs in the area to
be served;
(C) contains a commitment to coordinating the
State's early childhood programs to create a cohesive
system, for children from birth to entry into
kindergarten, for providing child care and early
learning services;
(D) demonstrates that the State can deliver a child
care and early learning program that ensures coverage
of--
(i) the entire State; or
(ii) the portions of the State that are not
proposed to be covered by other entities
submitting applications under subsection
(a)(2); and
(E) demonstrates that the State can deliver such a
program with sufficient local administration,
governance, and input.
(6) Two phases of application review.--
(A) In general.--The Secretary shall establish two
phases of review for applications in the form of prime
sponsorship plans. Entities submitting such
applications for the first phase of review shall be
given preference for designation under subsection (a).
(B) First phase.--States, Indian tribes, tribal
organizations, entities applying to carry out migrant
or seasonal child care and early learning programs, and
entities and States submitting applications jointly may
submit applications described in subparagraph (A) for
the first phase of application review.
(C) Second phase.--Localities, public or private
nonprofit agencies or organizations, and entities
described in subparagraph (B) may submit applications
described in subparagraph (A) for the second phase of
application review.
(c) Disapproval; Withdrawal of Approval.--A prime sponsorship plan
submitted under this section may be disapproved or a prior designation
of a prime sponsor may be withdrawn only if the Secretary, in
accordance with regulations which the Secretary shall prescribe, has
provided--
(1) written notice of intention to disapprove such plan or
withdraw such designation, including a statement of the
reasons;
(2) a reasonable time in which to submit corrective
amendments to such plan or undertake other necessary corrective
action; and
(3) an opportunity for a public hearing upon which basis an
appeal to the Secretary may be taken as of right.
(d) Unserved Areas.--In the event that a prime sponsorship plan has
not been submitted or approved, if a prime sponsor designation has been
withdrawn, or if the needs of seasonal and migrant farmworkers,
minority groups, or low-income individuals are not being met, for a
service area, the Secretary may enter into an agreement with an
organization, such as a national nonprofit organization, to serve as
the prime sponsor for such an area. The Secretary shall meet the
requirements described in subsection (g) before entering into the
agreement.
(e) Designation Renewal.--
(1) Designation renewal.--A prime sponsor shall obtain
renewal of the designation of the prime sponsor not more
frequently than every 3 years and not less frequently than
every 5 years.
(2) System for designation renewal.--The Secretary shall
develop a system for prime sponsors to renew their designation,
under which the Secretary shall determine if a prime sponsor is
delivering a high-quality and comprehensive child care and
early learning program that meets the health, educational,
nutritional, and social needs of the children and families it
serves, and meets program and financial management requirements
and standards described in section 121(a), and governance and
legal requirements.
(f) Prohibition Against Entities Other Than Indian Tribes or Tribal
Organizations Receiving a Grant for a Child Care and Early Learning
Program on Indian Land.--
(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), under no condition
may an entity other than an Indian tribe or tribal organization
receive a grant to carry out a child care and early learning
program on tribal land.
(2) Exceptions.--
(A) No indian tribe or tribal organization
available.--In a service area in which there is no
Indian tribe or tribal organization available for
designation to carry out an child care and early
learning program on Indian land, an entity that is not
a tribal organization may receive a grant to carry out
an child care and early learning program on Indian
land, but only until such time as an Indian tribe or
tribal organization in such service area becomes
available and is designated pursuant to this section.
(B) Joint prime sponsors.--For a service area that
consists of any non-reservation Indian land, if the
Indian tribe or tribal organization involved is not
interested in serving or does not have the capacity to
serve the entire service area, the Indian tribe or
tribal organization may work with another prime sponsor
to jointly serve as prime sponsors for the service
area.
(g) Family, Child Care Worker, and Community Participation.--The
Secretary shall--
(1) significantly involve parents, family members, family
child care home providers, child care and early learning staff,
labor unions, and community residents in the service area for
the program involved, in the process for designation of prime
sponsors; and
(2) ensure that the persons selected to be involved in that
process shall reflect the diversity of the service area, with
respect to income, culture, race and ethnicity, language, and
status as a migrant or seasonal farmworker, Indian, or Native
Hawaiian.
SEC. 114. POWERS AND FUNCTIONS OF PRIME SPONSORS.
(a) Authority.--If an entity has been designated as a prime sponsor
under this title--
(1) the entity may receive and administer funds under this
title, funds and contributions from private or local public
sources that may be used in support of a child care and early
learning program, and funds under a Federal or State assistance
program related to the provision of child care and early
learning services;
(2) the entity may transfer funds so received, and delegate
powers to other agencies, subject to the powers of its
governing board and its overall program responsibilities;
(3) the entity's power to transfer funds and delegate
powers shall include the power to make transfers and
delegations for services in all cases where the transfers and
delegations will contribute to efficiency and effectiveness or
otherwise further program objectives; and
(4) the entity may set up a process to negotiate wages,
benefits, hours, and working conditions of teachers and other
staff in the corresponding child care and early learning
program.
(b) Comprehensive Child Care and Early Learning Plans.--
(1) In general.--Financial assistance under this title may
be provided by the Secretary to an entity that is a prime
sponsor designated pursuant to section 113 only pursuant to an
application in the form of a comprehensive child care and early
learning plan which was submitted annually by such entity and
approved by the Secretary in accordance with the provisions of
this title.
(2) Contents.--Any such plan shall set forth a
comprehensive proposal, for providing child care and early
learning services in the service area, which--
(A) assesses all child care and early learning
needs and goals within the area and the applicant's
proposal for addressing those needs;
(B) describes the demographic and economic data and
other criteria the prime sponsor proposes to use to
determine whether a community is in particular need of
child care;
(C) identifies specific communities determined to
be in particular need of child care, where such
communities are located, the size and scope of such
areas, and the age groups of children in need of child
care in such areas;
(D) describes how the prime sponsor will increase
the child care supply, quality, and affordability for
all families in communities of particular need, which
may include providing start-up funding, technical
assistance, training and professional development for
the child care workforce, enhanced compensation, and
other activities;
(E) describes how the prime sponsor will provide
comprehensive health, mental health, education,
parental or family member involvement, nutritional,
social, and other services for the children that need
child care and early learning services, including
appropriate screening and referrals for children with
challenging behaviors and other mental health needs;
(F) provides that services are full-working-day and
full calendar year long, and ensures that the available
hours of services are responsive to the needs of
families in the service area, including, as
appropriate, nonstandard hour care;
(G) describes how the prime sponsor will guarantee
all children in the service area access to the child
care and early learning program and use funds provided
under section 112(a)(1) for child care and early
learning services;
(H) describes how the prime sponsor will promote
children's mental health, social and emotional well-
being, and overall health, by providing supports for
positive learning environments for the children,
including--
(i) strategies for supporting children with
challenging behaviors and other social,
emotional, and mental health concerns; and
(ii) teacher training and mental health
consultations for both staff and children of
the child care and early learning program;
(I) includes a policy on suspension and expulsion
that--
(i) prohibits or severely limits the use of
suspension due to a child's behavior and
ensures suspensions are only temporary in
nature;
(ii) prohibits expelling or unenrolling a
child from the program because of the child's
behavior; and
(iii) provides that, in the case of a child
exhibiting persistent and serious challenging
behaviors, the program provider will--
(I) explore all possible steps and
document all steps taken to address
such behaviors;
(II) make efforts to facilitate the
child's safe participation in the
program; and
(III) after taking the steps
described in subclauses (I) and (II),
if the provider determines, in
consultation with parents and other
professionals, that the program is not
the most appropriate placement for the
child, work with the parents to
directly facilitate the transition of
the child to a more appropriate
placement;
(J) provides that funds received under section
112(a)(1) will be used for a child care and early
learning program for covered children;
(K) describes how, in the case of a prime sponsor
located within or adjacent to a metropolitan area, the
prime sponsor will coordinate activities with other
prime sponsors located within such metropolitan area;
(L) provides that, to the extent feasible, the
child care and early learning program will include
children from a range of socioeconomic backgrounds, and
that children will have access to all child care and
early learning service providers in the service area,
with priority given to the provider preferences stated
by the parents and family members of low-income
children;
(M) ensures that, where socioeconomic diversity of
children among providers in the service area cannot be
achieved, the share of program costs not covered
through the Federal share or program fees does not fall
on a single provider or a subset of providers within
the service area;
(N) provides that services will be culturally,
linguistically, and developmentally appropriate;
(O) provides that services will take into account
the unique needs of communities, families, and children
in the service area, including low-income children,
children with incarcerated parents, homeless children,
and children who are dual language learners;
(P) describes a system for offering child care and
early learning options, for facilitating the selection
of such an option, and for enrollment of children,
which may include establishing and operating a website
for families;
(Q) describes how the prime sponsor will conduct
outreach to all families in the service area and
referrals, using the appropriate medium for families
who speak a language other than English;
(R) provides equitably for the child care and early
learning needs of all covered children within the
service area, and promotes equity and addresses
disparities in the provision of services, including
equity and disparities related to income, culture, race
and ethnicity, language, or status as a child of a
migrant or seasonal farmworker, as a child belonging to
an Indian tribe, or as a Native Hawaiian child;
(S) provides, insofar as possible, for coordination
of the child care and early learning program with other
social programs;
(T) provides for--
(i) direct participation of parents, family
members, and child care and early learning
program staff, including teachers and
paraprofessionals, in the conduct of overall
direction of, decision-making for, and
evaluation of the child care and early learning
program; and
(ii) sufficient support for the persons
described in clause (i) to participate in the
activities described in clause (i);
(U) provides to the extent feasible for the
employment as both professionals and paraprofessionals
of residents in the service area in a way that takes
into account the cultural, racial and ethnic, and
linguistic diversity of the families served;
(V) includes to the extent feasible a career
development plan for paraprofessional and professional
training, education, and advancement on a career
ladder;
(W) provides that, insofar as possible, persons
residing in the service area will receive jobs,
including in-home and part-time jobs, and opportunities
for training in programs under sections 135 and 136,
with special consideration for career opportunities for
low-income individuals;
(X) provides for the regular and frequent
dissemination of information in the language of those
to be served, to assure that parents, family members,
and interested persons in the service area are fully
informed of services available through the child care
and early learning program, and of the activities of
the prime sponsor's Child Care and Early Learning
Council;
(Y) provides for coordination with administrators
of programs and services that are related to child care
and early learning programs and services and that are
not funded through this title, including programs
conducted under the auspices of or with the support of
business or financial institutions or organizations,
industry, labor unions, employee or labor-management
organizations, or other community groups;
(Z) as applicable, describes any arrangements for
the delegation, under the supervision of the Child Care
and Early Learning Council, to public or private
agencies or organizations, of responsibilities for the
delivery of child care and early learning services for
which financial assistance is provided under this title
or for planning or evaluation services to be made
available with respect to a child care and early
learning program under this title;
(AA) contains plans for regularly conducting
surveys and analyses of needs for the child care and
early learning program in the service area and for
submitting to the Secretary a comprehensive annual
report and evaluation in such form and containing such
information as the Secretary shall require by
regulation;
(BB) provides that--
(i) services for children with disabilities
at the State, tribal, and local levels will be
available, in the child care and early learning
program approved under the plan; and
(ii) formal linkages are in place between
the program and providers of early intervention
services for infants and toddlers with
disabilities;
(CC) provides assurances satisfactory to the
Secretary that the non-Federal share requirements
described in section 112(c) will be met;
(DD) provides for such fiscal control, fiscal
staffing, and funding accounting procedures as the
Secretary may prescribe to assure proper disbursement
of and accounting for Federal funds paid to the prime
sponsor;
(EE) provides that the child care and early
learning program, or services within the program, under
this title shall be provided only for children whose
parents or legal guardians have requested the services;
(FF) sets forth satisfactory provisions for
establishing, consistent with subsection (d)(1), and
maintaining a Child Care and Early Learning Council
which meets the requirements of subsection (d);
(GG) provides verification that the sponsor and its
delegate providers--
(i) will recognize and bargain with labor
unions representing family child care home
providers, teachers and other staff of child
care and early learning programs in order to
meet the requirements set forth in section 136
and for other purposes; and
(ii) will not assist in, promote, or deter
labor union organizing;
(HH) provides an annual technical assistance and
training plan;
(II) provides for collection and reporting of
program performance data in both an aggregate form and
disaggregated by family income, culture, race and
ethnicity, and primary language;
(JJ) documents a written affirmation, signed by the
appropriate officials from Indian tribes or tribal
organizations approved by the tribes or Native Hawaiian
groups, which recognizes that the prime sponsor has
engaged in timely and meaningful consultation with the
appropriate officials from Indian tribes or tribal
organizations if--
(i) a program is being operated on or near
an Indian reservation, or if more than 15
percent of children enrolled in the program are
Indians or Native Hawaiians; and
(ii) the prime sponsor is not an Indian
tribe or tribal organization;
(KK) provides that services will be provided with a
holistic and multi-generational approach that includes
promoting the well-being of pregnant women and engaging
expectant parents during prenatal and early months;
(LL) describes how the sponsor will ensure that key
workplace protections and rights, similar to the
protections and rights specified in the National Labor
Relations Act (29 U.S.C. 151 et seq.), are provided;
(MM) describes how the sponsor will implement a
process in which, through their labor unions, family
child care home providers and child care and early
learning center staff participate in a collective
process to set wages, benefits, hours, and minimum
standards for working conditions;
(NN) describes how the sponsor will ensure that
family child care home providers, including teachers
and other staff of family child care home providers,
and teachers and other staff at a child care and early
learning center (including employees of a delegate
provider) are paid compensation that meets the
requirements of section 136(b);
(OO) provides that the sponsor will provide
teachers and other staff with supports that are high-
quality, research-based, and rooted in adult learning
theory;
(PP) provides that the program will be accessible
to, and that staff will receive training on working
with, children with disabilities and parents with
disabilities; and
(QQ) meets any other requirements or provides any
information the Secretary requires by regulation.
(c) Uses.--The Secretary shall provide the financial assistance to
a prime sponsor, for the planning, conduct, administration, and
evaluation of a child care and early learning program that delivers
services in accordance with the requirements of the comprehensive child
care and early learning plan specified under subsection (b), and for
implementing the following activities:
(1)(A) Provide for family member and community involvement,
including the involvement of parents, family members, community
residents, current or future staff of a child care and early
learning program, and local businesses, in the design and
implementation of the program.
(B) The prime sponsor shall--
(i) provide for the involvement in a manner that
recognizes parents and family members as their
children's primary teachers and nurturers; and
(ii) implement intentional strategies to engage
parents and family members in their children's learning
and development and support parent-child relationships.
(2) Provide for implementing additional activities, other
than the activities described in paragraph (1), that the
Secretary determines to be appropriate by regulation, which
additional activities may include--
(A) activities to support family well-being related
to family safety, health, and economic stability,
including substance abuse counseling (either directly
or through referral to local entities), which may
include providing information on the effect of prenatal
exposure to drugs and alcohol; and
(B) other activities designed to facilitate a
partnership in the program with parents in supporting
the development and early learning of their child,
including providing--
(i) training in basic child care and early
learning (including cognitive, social, and
emotional development);
(ii) assistance in developing adult or
family literacy and communication skills;
(iii) opportunities to share experiences
with other parents (including parent-mentor
relationships);
(iv) health services, including information
on maternal depression and mental health;
(v) regular in-home or virtual visitation;
or
(vi) family literacy services.
(3) Provide, with respect to each participating family, a
family needs assessment that includes consultation with the
parents (including, in this paragraph, foster parents,
grandparents, and kinship caregivers, where applicable) in the
family's preferred language or through an interpreter, to the
extent practicable, and ensure parents have the opportunity to
share personal information in an environment in which the
parents feel safe.
(4) Provide to parents of dual language learners outreach
and information, in an understandable and uniform format and,
to the extent practicable, in a language that the parents can
understand.
(5) Promote the continued partnership in the program of the
parents (including, in this paragraph, foster parents,
grandparents, and kinship caregivers, as appropriate) of
children that participate in child care and early learning
programs in the education of their children upon transition of
their children to school, by working with the local educational
agency--
(A) to implement strategies and activities,
including providing information and training to the
parents--
(i) to help parents advocate for and
promote successful transitions to kindergarten
for their children, including helping parents
continue to be involved in the education and
development of their child, and to help parents
understand and prepare to exercise their rights
and responsibilities concerning the education
of their children;
(ii) in the case of parents with children
who receive services under section 619 or part
C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.),
to collaborate with the parents, and the local
agency responsible for providing such services,
to support the children and parents in
transitioning to a new setting in elementary
school; and
(iii) to prepare parents--
(I) to understand and work with
schools in order to communicate with
teachers and other school personnel;
(II) to continue to support their
children's learning, in an elementary
school setting; and
(III) to participate as appropriate
in decisions relating to the education
of their children and advocate for
their children's needs; and
(B) to advocate for the local educational agency to
ensure that schools have a process in place to take
other actions, as appropriate and feasible, to support
the active involvement of the parents with schools,
school personnel, and school-related organizations.
(6) Establish effective procedures for timely referral of
children with disabilities to the State or local agency
providing services under section 619 or part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), and collaboration with that agency.
(7) Establish effective procedures--
(A) for providing necessary early intervention
services and special education and related services to
children with developmental delays and disabilities
prior to an eligibility determination by the State or
local agency responsible for providing services under
section 619 or part C of such Act; and
(B) in the case of a child for whom an evaluation
determines that the child is not eligible for early
intervention services or special education and related
services under the Individuals with Disabilities
Education Act (20 U.S.C. 1400), but who has a
documented significant delay, for partnering with
parents to help the parents access services and
supports to help address the child's identified needs
through health insurance or other means.
(8) Ensure that each family with a covered child who
requests a placement receives one in the service area and, in
making the placement, recognize and take into account the
family's needs regarding setting (such as a family child care
home or center-based setting), cultural and linguistic
preferences, operating schedule, and preferences on location.
(9) Provide both center-based and family child care home
options for child care and early learning services to families.
(d) Program Governance.--
(1) Advisory council.--Upon receiving designation as a
prime sponsor, the prime sponsor shall establish a Child Care
and Early Learning Advisory Council (referred to in this
section as a ``Council'' and maintain the Council to advise the
prime sponsor and assist in the coordination of program
services and implementation.
(2) State council.--In the event that the prime sponsor is
a State, the Council shall coordinate activities with the State
Advisory Council on Early Childhood Education and Care
designated or established under section 642B(b) in the Head
Start Act (42 U.S.C. 9837b(b)).
(3) Overall composition.--
(A) In general.--The Secretary shall establish the
composition requirements for the Council ensuring that
the Council has representation of--
(i) parents or family members of children
served by child care and early learning
programs;
(ii) staff and providers of child care and
early learning programs, or their
representatives; and
(iii) other relevant stakeholders.
(B) Representation.--Members of the Council shall
reflect the population served by the prime sponsor,
with respect to income, culture, race and ethnicity,
language, and status as a migrant or seasonal
farmworker, Indian, or Native Hawaiian.
(4) Chairperson.--Each Council shall select its own
chairperson, from among the members of the Council.
(5) Conflict of interest.--
(A) In general.--Members of the Council shall--
(i) not have a financial conflict of
interest with the prime sponsor;
(ii) not receive compensation for serving
on the Council or for providing services to the
prime sponsor;
(iii) not be employed, nor shall members of
their immediate family be employed, by a prime
sponsor in the service area; and
(iv) as a Council, operate as an entity
independent of staff employed by the prime
sponsor.
(B) Exception.--If an individual holds a position
as a result of public election or political
appointment, and such position carries with it a
concurrent appointment to serve as a member of a
Council, and such individual has any conflict of
interest described in clause (ii) or (iii) of
subparagraph (A)--
(i) such individual shall not be prohibited
from serving on such body and the Council shall
report such conflict to the Secretary; and
(ii) if the position held as a result of
public election or political appointment
provides compensation, such individual shall
not be prohibited from receiving such
compensation.
(6) Responsibilities.--The Council shall provide regular
advice and guidance to the prime sponsor on the basic goals,
policies, actions, and procedures, at a basic level, for the
prime sponsor relating to the child care and early learning
program involved, including policies with respect to planning,
general supervision and oversight, overall coordination,
personnel, budgeting, funding, and monitoring and evaluation,
of the programs.
(e) Program Governance Administration.--
(1) Impasse policies.--The Secretary shall develop
policies, procedures, and guidance for prime sponsors
concerning the resolution of internal disputes, including any
impasse in the governance of child care and early learning
programs.
(2) Conduct of responsibilities.--Each prime sponsor shall
ensure the sharing of accurate and regular information for use
by the Council, about program planning, policies, and
operations.
(3) Training and technical assistance.--Appropriate
training and technical assistance shall be provided to the
members of the Council to ensure that the members understand
the information the members receive and can effectively oversee
and participate in the child care and early learning program of
the prime sponsor.
(f) Collaboration and Coordination.--On receiving designation as a
prime sponsor, the prime sponsor shall ensure that the child care and
early learning program is implemented in a way that promotes
collaboration and coordination with public and private entities, to the
maximum extent practicable, to improve the availability and quality of
services to children and families, including implementing each of the
following activities:
(1) Conduct outreach to schools in which children
participating in the child care and early learning program will
enroll following the program, local educational agencies, the
local business community, community-based organizations, faith-
based organizations, museums, health care providers, and
libraries to generate support and leverage the resources of the
entire local community in order to improve school readiness.
(2) Coordinate activities and collaborate with entities
(including providers) carrying out programs under the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.), section 106 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a), parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.), subtitle B
of title VII of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431 et seq.), section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), or the Head Start Act (42 U.S.C. 9831 et seq.),
and other entities providing early childhood education and
development programs or services.
(3) Take steps to coordinate activities with the local
educational agency serving the service area involved and with
schools in which children participating in the child care and
early learning program will enroll following the program,
including--
(A) collaborating on the shared use of
transportation and facilities, in appropriate cases;
(B) collaborating to reduce the duplication and
enhance the efficiency of services while increasing the
program participation; and
(C) exchanging information on the provision of
noneducational services.
(4) If there is a public preschool program in the service
area that is not a prime sponsor nor a participant in the child
care and early learning program, enter into a memorandum of
understanding with the local entity responsible for managing
the preschool program, not later than 1 year after the date of
enactment of this Act, that shall--
(A)(i) provide for a review of each of the
activities described in clause (ii); and
(ii) include plans to coordinate, as appropriate,
activities regarding--
(I) educational activities, curricular
objectives, and instruction;
(II) public information dissemination and
access to programs for families contacting the
child care and early learning program or the
preschool program;
(III) selection priorities for eligible
children to be served by the child care and
early learning program or any of the preschool
programs;
(IV) service areas;
(V) staff training, including opportunities
for joint staff training on topics such as
academic content standards, instructional
methods, curricula, and social and emotional
development;
(VI) program technical assistance;
(VII) provision of additional services to
meet the needs of parents or family members, as
applicable;
(VIII) communications and outreach to
parents and family members for smooth
transitions to kindergarten as required in
paragraphs (3) and (6) of section 122(a);
(IX) provision and use of facilities,
transportation, and other program elements; and
(X) other elements mutually agreed to by
the parties to such memorandum;
(B) be submitted to the Secretary and the State
Director of Child Care and Early Learning Program
Collaboration not later than 30 days after the parties
enter into such memorandum; and
(C) be revised periodically and renewed biennially
by the parties to such memorandum, in alignment with
the beginning of the school year.
The requirements of the preceding sentence shall not apply
where the local entity responsible for managing the public
preschool program is unable or unwilling to enter into such a
memorandum, and the prime sponsor shall inform the Secretary
and the State Director of Child Care and Early Learning Program
Collaboration of such inability or unwillingness.
(g) Standards, Curricula, and Assessment.--On receiving designation
as a prime sponsor, the prime sponsor shall ensure that the child care
and early learning program will--
(1) take steps to ensure, to the maximum extent
practicable, that children maintain the developmental and
educational gains achieved and build upon such gains in further
schooling;
(2) meet the national program standards set forth in
section 121(a);
(3) implement a research-based early childhood curriculum
that--
(A) promotes young children's school readiness in
the areas listed in section 121(a)(4)(A)(ii);
(B) is based on scientifically valid research and
has standardized training procedures and curriculum
materials to support implementation;
(C) is comprehensive and linked to an ongoing
assessment and aligned with State early learning
standards, within the meaning of section 637 of the
Head Start Act (42 U.S.C. 9832), which is conducted not
more than twice a year, with developmental and learning
goals and measurable objectives; and
(D) is focused on improving the learning
environment, teaching practices, parent and family
member involvement, and child outcomes across all areas
of development;
(4) implement effective interventions and support services
that help promote the school readiness of children
participating in the child care and early learning program
involved;
(5) use research-based assessment methods, including such
methods that provide proven results regardless of culture, race
or ethnicity, or language spoken at home, in order to support
the educational instruction and school readiness of children in
the program;
(6) use research-based developmental screening tools that
have been demonstrated to be--
(A) standardized, reliable, valid, and accurate for
the child being assessed, to the maximum extent
practicable; and
(B) age, developmentally, culturally, and
linguistically appropriate, for the child and, if
relevant, appropriate for children with disabilities;
(7) adopt, in consultation with experts in child care and
early learning and with classroom teachers, a non-punitive
evaluation to assess classroom teachers and to inform
professional development plans, as appropriate, that leads to
improved teacher effectiveness;
(8) establish goals and measurable objectives for the
provision of health, educational, nutritional, social services,
and other services provided under this title and related to the
program mission and to promoting school readiness;
(9) develop procedures for identifying and promoting the
language knowledge and skills of dual language learner
children; and
(10) not use funds to develop or implement an assessment
for children that--
(A) will be used as the sole basis for a child care
and early learning provider being determined to be
ineligible to participate in the program carried out
under this title;
(B) will be used as the primary or sole basis for
providing a reward or sanction for an individual
provider;
(C) will be used as the primary or sole basis for
assessing program effectiveness; or
(D) will be used to deny children eligibility to
participate in the program carried out under this
title.
(h) Exceptions.--Nothing in this title shall preclude a State from
using a single assessment (as determined by the State) for children
for--
(1) supporting learning or improving a classroom
environment;
(2) targeting professional development to a provider;
(3) determining the need for health, mental health,
disability, developmental delay, or family support services;
(4) obtaining information for the quality improvement
process at the State level; or
(5) conducting a program evaluation for the purposes of
improving the program and providing information to parents.
(i) Funded Enrollment.--Each prime sponsor shall enroll 100 percent
of its funded enrollment, with ongoing outreach to the community and
activities to identify underserved populations.
(j) Sliding Fee Scale.--
(1) In general.--With respect to child care and early
learning services provided through the program, a prime
sponsor--
(A) shall not charge a fee with respect to any low-
income child; and
(B) may charge a fee with respect to any child who
is not a low-income child, in accordance with the
sliding fee scale described in paragraph (2) and
subject to paragraph (3).
(2) Sliding fee scale.--A fee under this subsection shall
be charged based on a sliding fee scale as follows:
(A) With respect to a child who is in a family with
a family income that is more than 200 percent of the
poverty line but not more than 250 percent of the
poverty line, the fee under this subsection shall not
exceed 1 percent of the family income.
(B) With respect to a child who is in a family with
a family income that is more than 250 percent of the
poverty line but not more than 300 percent of the
poverty line, the fee under this subsection shall not
exceed 2 percent of the family income.
(C) With respect to a child who is in a family with
a family income that is more than 300 percent of the
poverty line but not more than 350 percent of the
poverty line, the fee under this subsection shall not
exceed 3 percent of the family income.
(D) With respect to a child who is in a family with
a family income that is more than 350 percent of the
poverty line but not more than 400 percent of the
poverty line, the fee under this subsection shall not
exceed 4 percent of the family income.
(E) With respect to a child who is in a family with
a family income that is more than 400 percent of the
poverty line but not more than 450 percent of the
poverty line, the fee under this subsection shall not
exceed 5 percent of the family income.
(F) With respect to a child who is in a family with
a family income that is more than 450 percent of the
poverty line but not more than 500 percent of the
poverty line, the fee under this subsection shall not
exceed 6 percent of the family income.
(G) With respect to a child who is in a family with
a family income that is more than 500 percent of the
poverty line, the fee under this subsection shall not
exceed 7 percent of the family income.
(3) Fee percentage applicable regardless of number of
children served.--The total fee for a family that is subject to
the fee under this subsection and has more than 1 child served
through the program--
(A) may increase as the family enters the second or
a further child in the program; but
(B) may not be greater than the fee allowed under
paragraph (2).
(k) Parent Boards.--The prime sponsor shall require the
establishment, at each child care and early learning center, of a board
of parents, to be composed of parents and family members of children
attending the center. The board shall meet periodically with staff of
the center for the purpose of discussing problems and concerns.
(l) Rules of Construction.--Nothing in this title shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded to staff of child care and early learning programs
or delegate providers, or employees of public schools, or local
educational agencies, under Federal, State, tribal, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such staff or employees, and the corresponding
program, provider, school, or agency.
SEC. 115. DELEGATE PROVIDERS.
(a) In General.--A prime sponsor may use financial assistance made
available under section 112(a)(1) to enter into an agreement with a
delegate provider to carry out services as part of the child care and
early learning program.
(b) Application.--To be able to receive financial assistance under
subsection (a) for a fiscal year as a delegate provider to carry out
services as part of the child care and early learning program, a public
or private agency or organization shall submit a delegate provider
application to a prime sponsor, at such time and in such manner as the
prime sponsor may require, that provides--
(1) that the delegate provider applicant is an entity that
is a locality, local educational agency, faith-based
organization, public or private nonprofit or for-profit agency
or organization, family child care network or association,
employer or business organization, labor union, employee or
labor-management organization, home-based child care provider,
or public or private educational agency or institution; and
(2) that the entity will provide for such fiscal control
and fund accounting procedures as the Secretary shall prescribe
to assure proper disbursement of and accounting for Federal
funds.
(c) Approval.--A delegate provider application may be approved by a
prime sponsor upon its determination that such application meets the
requirements of this section and that the services to be provided will
otherwise further the objectives and satisfy the appropriate provisions
of the prime sponsor's child care and early learning plan as approved
pursuant to section 114. On approval of the application, the entity
shall be considered to be a delegate provider, for purposes of this
title.
(d) Family and Community Involvement.--Prime sponsors shall involve
parents, family members, and community members in the selection process
of delegate providers.
Subtitle B--Standards
SEC. 121. NATIONAL PROGRAM STANDARDS, MONITORING OF CHILD CARE AND
EARLY LEARNING PROGRAMS.
(a) Standards for Child Care and Early Learning Services.--
(1) Issuance.--
(A) National program standards.--Within 18 months
after the date of enactment of this Act, the Secretary
shall, after consultation with other Federal agencies,
and on the basis of the recommendations of the
Committee established pursuant to paragraph (3), issue
a common set of national program standards which shall
be applicable to all prime sponsors, with respect to
their child care and early learning programs providing
child care and early learning services with financial
assistance under this title, to be known as the
``Federal Standards for Child Care and Early Learning
Services''.
(B) Baseline for knowledge, skills, and
competencies.--The standards shall establish a baseline
threshold for knowledge, skills, and competencies for
child care and early learning teachers and staff that--
(i) shall be aligned with compensation
levels;
(ii) shall be phased in; and
(iii) shall be determined by the Secretary
to be in alignment with the knowledge, skills,
and competency expectations of the child care
and early learning, or early childhood
education, profession.
(2) Comprehensiveness.--As appropriate and practicable, the
Secretary shall make efforts to ensure that the Federal
Standards for Child Care and Early Learning Services are as
comprehensive as the Head Start program performance standards
in section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)),
and the performance standards for providers and programs issued
under the military child care program.
(3) Special committee.--
(A) Appointment.--The Secretary shall, within 60
days after the date of enactment of this Act, appoint a
Special Committee on Federal Standards for Child Care
and Early Learning Services.
(B) Composition.--The Committee shall include--
(i) parents or legal guardians of children
participating in child care and early learning
programs;
(ii) representatives of prime sponsors
carrying out child care and early learning
programs;
(iii) representatives of staff of child
care and early learning programs, including
teachers;
(iv) representatives of tribes and tribal
organizations carrying out child care and early
learning programs on Indian land;
(v) representatives of family child care
home providers, staff and employers for center-
based child care and early learning programs,
and family child care home providers in child
care and early learning programs; and
(vi) specialists covering the areas of
child care and early learning quality,
workforce preparation, working conditions, and
wages, and early childhood development.
(C) Diversity.--The Secretary shall ensure that the
membership of the Committee is diverse with regard to
culture, race and ethnicity, and language.
(D) Duties.--Such Committee shall recommend Federal
Standards for Child Care and Early Learning Services
and modifications of such standards as provided in
paragraph (1).
(4) Content of standards.--The standards shall include--
(A) performance standards with respect to services
required to be provided, including health, nutritional,
and social services, and other services, including
parental and family member involvement services and
transition activities described in section 122;
(B) scientifically-based and developmentally
appropriate early development and learning performance
standards related to school readiness to ensure that
the children participating in the child care and early
learning program, at a minimum, develop and
demonstrate--
(i) language knowledge and skills,
including oral language and listening
comprehension;
(ii) literacy knowledge and skills,
including phonological awareness, print
awareness and skills, and alphabetic knowledge;
(iii) mathematics knowledge and skills;
(iv) science knowledge and skills;
(v) cognitive abilities that support
academic achievement and child care and early
learning;
(vi) approaches to learning related to
child care and early learning;
(vii) social and emotional development
sufficient to be a foundation for early
learning, school success, and social problem-
solving;
(viii) creative arts expression;
(ix) physical development; and
(x) in the case of dual language learner
children, progress toward language knowledge
and development, including progress made
through the use of culturally and
linguistically appropriate instructional
services;
(C) administrative and financial management
standards;
(D) standards relating to the condition and
location of facilities (including indoor air quality
assessment standards, where appropriate) for such prime
sponsors, including regulations that require that the
facilities used for child care and early learning
programs for regularly scheduled center-based and
combination program option classroom activities--
(i) shall meet or exceed State and local
requirements concerning licensing for such
facilities; and
(ii) shall be accessible by State and local
authorities for purposes of monitoring and
ensuring compliance, unless State or local laws
prohibit such access;
(E) standards related to the work environment,
including standards for the health and safety, and
well-being, of teachers and other staff in the child
care and early learning programs; and
(F) such other standards as the Secretary finds to
be appropriate.
(5) Considerations regarding standards.--In developing
standards required under paragraph (1), the Secretary shall--
(A) consult with experts in the fields of child
care and early learning, early childhood education,
child health care, family services (including
linguistically and culturally appropriate services to
dual language learner children and their families),
administration, and financial management, and with
persons with experience in the operation of child care
and early learning programs;
(B) take into consideration--
(i) past experience with use of the
standards in effect under the Head Start Act
(42 U.S.C. 9831 et seq.) on the date of
enactment of the Improving Head Start for
School Readiness Act of 2007;
(ii) developments concerning research-based
practices with respect to early childhood
education and development, children with
disabilities, homeless children, children in
foster care, and family services, and best
practices with respect to program
administration and financial management;
(iii) appropriateness of standards for
prime sponsors with respect to their programs,
recognizing differences in types of settings
(including center-based and home-based
settings), geography of the service area, and
the culture, language, and age distribution of
the children served;
(iv) projected needs of expanding child
care and early learning programs;
(v) guidelines and standards that promote
child health and physical development,
including participation in outdoor activity
that supports children's motor development and
overall health and nutrition;
(vi) changes in the characteristics of the
population of children who are accessing child
care and early learning programs, including
country of origin, language background, and
family structure of such children, and changes
in the population and number of such children
who are in foster care or are homeless
children;
(vii) mechanisms to ensure that children
participating in child care and early learning
programs make a successful transition to the
schools that the children will be attending;
(viii) the need for prime sponsors to
maintain regular communications with parents
and family members, including conducting
periodic meetings to discuss the progress of
individual children in child care and early
learning programs;
(ix) the unique challenges faced by
individual programs, including those programs
that are seasonal or short-term and those
programs that serve rural populations;
(x) the degree to which standards are
streamlined and minimize administrative burdens
on child care and early learning program
providers;
(xi) the depth of demonstrated skills,
experiences, and linguistic, cultural, and
racial and ethnic, diversity of providers for
child care and early learning programs; and
(xii) the input of parents and family
members;
(C)(i) review and revise as necessary the standards
in effect under this subsection; and
(ii) ensure that any such revisions in the
standards will not result in the elimination of or any
reduction in quality, scope, or types of health,
educational, nutritional, social, or other services,
including parental and family member involvement
services, required to be provided under such standards
as in effect on the date of enactment of this Act; and
(D) consult with appropriate officials from Indian
tribes and tribal organizations, experts in Indian or
Native Hawaiian early childhood education and
development, linguists, and associations related to
child care and early learning programs providing
services for children belonging to Indian tribes or
Native Hawaiian children, on the review and
promulgation of standards under paragraph (1)
(including standards for Indian or Native Hawaiian, as
the case may be, language acquisition and school
readiness).
(6) Adequate time to meet standards.--The Secretary shall
establish an effective date for the standards that allows
adequate time for prime sponsors to meet the standards after
they have been issued.
(b) Uniform Code for Facilities.--
(1) Establishment of special committee.--The Secretary
shall, within 60 days after the date of enactment of this Act,
appoint a special committee to develop and recommend a uniform
code for facilities, to be used as described in paragraph (4).
The standards in the code shall deal principally with those
aspects of facilities that are essential to the health, safety,
and physical comfort of the children involved and the aspects
of facilities that are related to the Federal Standards for
Child Care and Early Learning Services under subsection (a)(1).
In recommending the provisions of the code, the Secretary shall
take into consideration the differences between child care
centers and family child care homes.
(2) Composition of committee.--The special committee
appointed under this subsection shall include parents or family
members of children participating in child care and early
learning programs and representatives of State and local
facility licensing agencies, of public health officials, of
fire prevention officials, of the construction industry and
labor unions, of prime sponsors, of center-based providers and
family child care home providers, and of national agencies or
organizations interested in the development of children. Not
less than one-half of the membership of the committee shall
consist of parents or family members of children participating
in child care and early learning programs conducted under this
title.
(3) Proposed code.--Within 1 year after its appointment,
the special committee--
(A) shall develop standards for a proposed uniform
code for facilities in which child care and early
learning services are provided; and
(B) shall hold public hearings on the proposed code
prior to submitting its final recommendation to the
Secretary for approval.
(4) Promulgation.--After considering the recommendations
submitted by the special committee in accordance with paragraph
(3), the Secretary shall promulgate standards for a uniform
code described in paragraph (3)(A), which shall be applicable
to all facilities receiving Federal financial assistance under
this title. If the Secretary disapproves the committee's
recommendations, the Secretary shall state the reasons for the
disapproval. The Secretary shall also distribute such standards
and urge their adoption by States and local governments for
facilities in which child care and early learning services are
provided. The Secretary may from time to time modify the
uniform code for facilities in accordance with procedures set
forth in this subsection.
(5) Adequate time to meet facilities code.--The Secretary
shall establish an effective date for the code that allows
adequate time for prime sponsors to meet the code after it has
been promulgated.
(6) State code for facilities.--Paragraphs (1) through (5)
shall not apply in a State for which the Secretary, after
consultation with the special committee referred to in
paragraph (2), makes a determination that the State's uniform
code for facilities or a similar facilities code or set of
standards that applies to centers and family child care homes
that participate in a child care and early learning program
under this title, is sufficient to meet the health, safety, and
physical comfort goals of this subsection.
(c) Measures.--
(1) In general.--The Secretary, in consultation with
representatives of child care and early learning programs,
Indian tribes and tribal organizations, parents and family
members of children in such programs, and teachers and other
staff in such programs, and with experts in the fields of early
childhood education and development, family services, and
program management, shall use the study on Developmental
Outcomes and Assessments for Young Children by the National
Academy of Sciences, consistent with section 649(j) of the Head
Start Act (42 U.S.C. 9844(j)), and other relevant research to
establish, inform, revise, and provide guidance to prime
sponsors for utilizing, scientifically-based measures that
support, as appropriate--
(A) classroom instructional practices and, for
infants and toddlers, responsive caregiving practices
that support early learning and development;
(B) identification of children with special needs;
(C) program evaluation; and
(D) administrative and financial management
practices.
(2) Characteristics of measures.--The measures under this
subsection shall--
(A) be developmentally, linguistically, and
culturally appropriate for the population served;
(B) be reviewed periodically, based on advances in
the science of early childhood development;
(C) be consistent with relevant, nationally
recognized professional and technical standards related
to the assessment of young children;
(D) be valid and reliable in the language in which
the measures are administered;
(E) be administered by staff with appropriate
training for such administration;
(F) provide for appropriate accommodations for
children with disabilities and dual language learner
children;
(G) be high-quality research-based measures that
have been demonstrated to assist with the purposes for
which the measures were devised; and
(H) be adaptable, as appropriate, for use in the
self-assessment of prime sponsors, including in the
evaluation of administrative and financial management
practices.
(3) Use of measures; limitations on use.--
(A) Use.--The measures shall be designed, as
appropriate, for the purpose of--
(i) helping to develop the skills,
knowledge, abilities, and development described
in subsection (a)(4)(A)(ii) of children
participating in child care and early learning
programs, with an emphasis on measuring skills
that scientifically valid research has
demonstrated are related to children's school
readiness and later success in school;
(ii) improving classroom practices,
including reviewing children's strengths and
weaknesses and individualizing instruction to
better meet the needs of the children involved
and, for infants and toddlers, ensuring the
opportunity for one-on-one interaction that
facilitates early learning and development;
(iii) identifying the special needs of
children; and
(iv) improving overall program performance
in order to help prime sponsors identify
problem areas that may require additional
training and technical assistance resources.
(B) Limitations.--Such measures shall not be used
for an assessment for children that--
(i) will be used as the sole basis for a
child care and early learning provider being
determined to be ineligible to participate in
the program carried out under this title;
(ii) will be used as the primary or sole
basis for providing a reward or sanction for an
individual provider;
(iii) will be used as the primary or sole
basis for assessing program effectiveness; or
(iv) will be used to deny children
eligibility to participate in the program
carried out under this title.
(C) Exceptions.--Nothing in this subchapter shall
preclude a State from using a single assessment (as
determined by the State) for children for--
(i) supporting learning or improving a
classroom environment;
(ii) targeting professional development to
a provider;
(iii) determining the need for health,
mental health, disability, developmental delay,
or family support services;
(iv) obtaining information for the quality
improvement process at the State level; or
(v) conducting a program evaluation for the
purposes of improving the program and providing
information to parents.
(4) Confidentiality.--
(A) In general.--The Secretary, through regulation,
shall ensure the confidentiality of any personally
identifiable data, information, and records collected
or maintained under this title by the Secretary and any
prime sponsors. Such regulations shall provide the
policies, protections, and rights equivalent to those
provided to a parent, student, and educational agency
or institution, as the case may be, under section 444
of the General Education Provisions Act (20 U.S.C.
1232g).
(B) Rule of construction on nationwide database.--
Nothing in this subsection shall be construed to
authorize the development of a nationwide database of
personally identifiable data, information, or records
on children resulting from the use of measures under
this subsection.
(5) Special rule.--
(A) Prohibition.--The use of assessment items and
data on any assessment authorized under this title by
any agent of the Federal Government is prohibited for
the purposes of--
(i) ranking, comparing, or otherwise
evaluating individual children for purposes
other than research, training, or technical
assistance; and
(ii) providing rewards or sanctions for
individual children or teachers.
(B) Results.--The Secretary shall not use the
results of a single such assessment as the sole method
for assessing program effectiveness or making agency
funding determinations at the national, regional, or
local level under this title.
(d) Monitoring of Local Prime Sponsors and Child Care and Early
Learning Programs.--The Secretary, in consultation with representatives
of child care and early learning programs, Indian tribes and tribal
organizations, parents and family members of children in such programs,
teachers and other staff in such programs, and with experts in the
fields of early childhood education and development, family services,
and program management, shall establish and implement monitoring
procedures for prime sponsors and their child care and early learning
programs (which may be based on the Head Start program monitoring
procedures described in section 641A(c) of the Head Start Act (42
U.S.C. 9836a(c)), and the monitoring procedures being implemented for
the military child care program)--
(1) to determine whether prime sponsors meet standards
described in subsection (a)(1) established under this title
with respect to program, administrative, financial management,
and other requirements; and
(2) in order to help the prime sponsors identify areas for
improvement and areas of strength as part of their ongoing
self-assessment process.
(e) Corrective Action for Prime Sponsors.--
(1) Determination.--If the Secretary determines, on the
basis of a review pursuant to subsection (d), that a prime
sponsor designated pursuant to this title fails to meet the
standards described in subsection (a)(1), the Secretary shall--
(A) inform the prime sponsor of the deficiencies
that shall be corrected and identify the assistance to
be provided consistent with paragraph (3);
(B) with respect to each identified deficiency,
require the prime sponsor--
(i) to correct the deficiency immediately,
if the Secretary finds that the deficiency
threatens the health or safety of staff or
program participants or poses a threat to the
integrity of Federal funds;
(ii) to correct the deficiency not later
than 90 days after the identification of the
deficiency if the Secretary finds, in the
discretion of the Secretary, that such a 90-day
period is reasonable, in light of the nature
and magnitude of the deficiency; or
(iii) in the discretion of the Secretary
(taking into consideration the seriousness of
the deficiency and the time reasonably required
to correct the deficiency), to comply with the
requirements of paragraph (2) concerning a
quality improvement plan; and
(C) initiate proceedings to terminate the
designation of the prime sponsor unless the prime
sponsor corrects the deficiency.
(2) Quality improvement plan.--
(A) Prime sponsor and program responsibilities.--To
retain a designation as a prime sponsor under this
title, a prime sponsor that is the subject of a
determination described in paragraph (1) (excluding a
prime sponsor required to correct a deficiency
immediately or during a 90-day period under clause (i)
or (ii) of paragraph (1)(B)) shall--
(i) develop in a timely manner, a quality
improvement plan that shall be subject to the
approval of the Secretary, and that shall
specify--
(I) the deficiencies to be
corrected;
(II) the actions to be taken to
correct such deficiencies; and
(III) the timetable for
accomplishment of the corrective
actions specified; and
(ii) correct each deficiency identified,
not later than the date for correction of such
deficiency specified in such plan (which shall
not be later than 1 year after the date the
prime sponsor that is determined to have a
deficiency received notice of the determination
and of the specific deficiency to be
corrected).
(B) Secretarial responsibility.--Not later than 30
days after receiving from a prime sponsor a proposed
quality improvement plan pursuant to subparagraph (A),
the Secretary shall either approve such proposed plan
or specify the reasons why the proposed plan cannot be
approved.
(3) Training and technical assistance.--The Secretary shall
provide training and technical assistance to the prime sponsor
with respect to the development or implementation of such
quality improvement plans to the extent the Secretary finds
such provision to be feasible and appropriate given available
funding and other statutory responsibilities.
(f) Summaries of Monitoring Outcomes.--
(1) In general.--Not later than 120 days after the end of
each fiscal year, the Secretary shall publish a summary report
on the findings of reviews conducted under subsection (d) and
on the outcomes of quality improvement plans implemented under
subsection (e), during such fiscal year.
(2) Report availability.--Such report shall be made widely
available to--
(A) parents and family members with children
receiving assistance under this title--
(i) in an understandable and uniform
format; and
(ii) to the extent practicable, in a
language that the parents and family members
understand;
(B) the public through means such as--
(i) distribution through public agencies;
and
(ii) posting such information on the
Internet; and
(C) Indian tribes and tribal organizations.
(3) Report information.--Such report shall contain detailed
data--
(A) on compliance with specific standards and
measures; and
(B) sufficient to allow prime sponsors to use such
data to improve the quality of their programs.
(g) Self-Assessment.--
(1) In general.--Not less frequently than once each program
year, with the consultation and participation of the Child Care
and Early Learning Council and, as appropriate, other
interested persons in the service area, each prime sponsor that
receives financial assistance under this title shall conduct a
comprehensive self-assessment of its effectiveness and progress
in meeting program goals and objectives and in implementing and
complying with standards described in subsection (a)(1).
(2) Ongoing monitoring.--Each prime sponsor shall establish
and implement procedures for the ongoing monitoring of its
child care and early learning program, to ensure that the
operations of the program work toward meeting program goals and
objectives and implementing and complying with standards
described in subsection (a)(1).
(h) Accreditation.--The Secretary shall require that each child
care and early learning center meet, not later than 6 years after
receiving financial assistance under this title, standards of operation
necessary for accreditation by an appropriate national early childhood
programs accreditation body that was in existence on the date of
enactment of this Act.
SEC. 122. PRIME SPONSOR ALIGNMENT WITH K-12 EDUCATION.
(a) In General.--Each prime sponsor shall take steps to coordinate
with the local educational agency serving the service area and with
schools in which children participating in a child care and early
learning program will enroll following such program to promote
continuity of services and effective transitions, including--
(1) developing and implementing a systematic procedure for
transferring, with parental consent, child care and early
learning program records for each participating child to the
school in which such child will enroll;
(2) establishing ongoing channels of communication between
child care and early learning program staff and their
counterparts in the schools (including teachers, social
workers, 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 health
staff) to facilitate coordination of programs;
(3) establishing ongoing communications between the prime
sponsor and local educational agency for developing continuity
of developmentally appropriate curricular objectives and for
shared expectations for children's learning and development as
the children transition to school;
(4) organizing and participating in joint training,
including transition-related training for school staff and
child care and early learning program staff;
(5) establishing comprehensive transition policies and
procedures that support children transitioning to school,
including by engaging the local educational agency in the
establishment of such policies;
(6) conducting outreach to parents and elementary school
(such as kindergarten) teachers to discuss the educational,
developmental, and other needs of individual children;
(7) helping parents of dual language learner children
understand--
(A) the instructional and other services provided
by the school in which such child will enroll after
participation in the child care and early learning
program; and
(B) as appropriate, the information provided to
parents of dual language learners under section
1112(e)(3) of the Elementary and Secondary Education
Act of the 1965 (20 U.S.C. 6312(e)(3));
(8) developing and implementing a family outreach and
support program, in cooperation with entities carrying out
parent and family engagement efforts under title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), and family outreach and support efforts under
subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.), taking into
consideration the language needs of parents of dual language
learner children;
(9) assisting families, administrators, and teachers in
enhancing educational and developmental continuity and
continuity of parental involvement in activities between child
care and early learning services and elementary school classes;
(10) linking the services provided in such child care and
early learning program with educational services, including
services relating to language, literacy, and numeracy, provided
by such local educational agency;
(11) helping parents (including in this paragraph
grandparents and kinship caregivers, as appropriate) to
understand the importance of parental involvement in a child's
academic success while teaching the parents strategies for
maintaining parental involvement as their child moves from a
child care and early learning program to elementary school;
(12) helping parents understand the instructional and other
services provided by the school in which their child will
enroll after participation in the child care and early learning
program; and
(13) developing and implementing a system to increase child
care and early learning program participation of underserved
populations of eligible children.
(b) Dissemination and Technical Assistance.--The Secretary shall--
(1) disseminate to prime sponsors information on effective
policies and activities relating to the transition of children
from child care and early learning programs to public schools;
and
(2) provide technical assistance to such prime sponsors to
promote and assist such prime sponsors to adopt and implement
such effective policies and activities.
SEC. 123. ADEQUATE NUTRITION SERVICES.
In accordance with the purposes of this title, the Secretary shall
establish procedures to assure that adequate nutrition services will be
provided in child care and early learning programs under this title. In
assuring the provision of those services, the Secretary may enter into
an arrangement with the Secretary of Agriculture to make use of the
summer food service program and the child and adult care food program
carried out under sections 13 and 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761, 1766) and relevant programs under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), to the fullest
extent appropriate and consistent with the provisions of such Acts.
SEC. 124. PARTICIPATION IN CHILD CARE AND EARLY LEARNING PROGRAMS.
(a) In General.--The Secretary shall by regulation prescribe
eligibility for the participation of persons in child care and early
learning programs assisted under this title.
(b) Eligible Ages.--Such regulation shall provide that all children
who are not younger than the age of 6 weeks and are younger than the
age of compulsory school attendance shall be eligible regardless of
family income, disability status, citizenship status, employment of a
family member, or circumstance.
(c) Prime Sponsor Eligibility Determination Responsibilities.--A
prime sponsor shall--
(1) determine eligibility under this title based on
standards prescribed by the Secretary under subsection (a);
(2) not establish more stringent or exclusive requirements
for eligibility under this title than the eligibility standards
prescribed by the Secretary; and
(3) serve all families that request child care and early
learning services through the prime sponsor's program.
Subtitle C--Administration
SEC. 131. THE OFFICE OF CHILD CARE.
(a) Principal Agency.--The Office of Child Care of the Department
of Health and Human Services shall be the principal agency of the
Department for the administration of this title and for the
coordination of child care and early learning programs and other
activities relating to child care and early learning.
(b) Coordination of Child Care Programs.--
(1) In general.--
(A) Department of health and human services.--The
Secretary shall take all necessary action to coordinate
child care and early learning programs under the
Secretary's jurisdiction, including with the Office of
Head Start.
(B) Department of education.--The Secretary shall
take all necessary action to coordinate such programs
with the Department of Education.
(2) Regulations.--The Secretary shall promulgate
regulations to assure that entities that are funded by the
Department of Health and Human Services to carry out activities
relating to child care and early learning will coordinate the
activities with the programs carried out under this title.
(3) Technical assistance.--The Secretary shall ensure that
joint technical assistance efforts will result in the
development of coordinated efforts--
(A) between the offices within the Department of
Health and Human Services; and
(B) between the Department of Health and Human
Services and other Federal agencies, including the
Department of Education, that carry out those
activities.
(c) Procedures, Policies, Regulations.--The Secretary may establish
such procedures, policies, and regulations as may be necessary to carry
out this title.
SEC. 132. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.
(a) Requirements and Standards.--
(1) In general.--The Secretary shall establish
administrative requirements and standards consistent with the
requirements and standards described in subsections (a) through
(f), and (h), of section 644 of the Head Start Act (42 U.S.C.
9839). The established requirements and standards shall apply
to the child care and early learning programs carried out under
this title, and the prime sponsors carrying out such programs,
as the case may be.
(2) Adjustments.--The Secretary may make such adjustments
to the requirements, standards, qualifications, development
activities, and limitations specified in paragraph (1) and
sections 133(a), 134, 136(a), 139, and 141, as may be necessary
to ensure effective administration of this title.
(3) Administrative controls.--The Secretary shall prescribe
regulations to assure that programs under this title have
adequate internal administrative controls, accounting
requirements, personnel standards, evaluation procedures, and
other policies as may be necessary to promote the effective use
of funds.
(b) Facilities.--
(1) Owned or leased by federal agencies.--The Secretary,
after consultation with other appropriate officials of the
Federal Government, shall within 16 months after the date of
enactment of this Act prepare and submit to Congress a report
that--
(A) describes the extent to which facilities owned
or leased by Federal agencies (including departments)
could be made available to prime sponsors, through
appropriate arrangements, for use as facilities for
child care and early learning programs under this title
during times and periods when the owned or leased
facilities are not utilized fully for their usual
purposes; and
(B) the Secretary's recommendations (including
recommendations for changes through legislation) or
proposed actions for such use.
(2) Owned or leased in service area.--The Secretary shall
require, as a condition for the receipt of financial assistance
under this title, that any prime sponsor under this title agree
to conduct a review and prepare and submit to the Secretary a
report that--
(A) describes the extent to which facilities owned
or leased by such prime sponsor, or by other
organizations in the service area, could be made
available, through appropriate arrangements, for use as
facilities for child care and early learning programs
under this title during times and periods when the
owned or leased facilities are not utilized fully for
their usual purposes; and
(B) the prime sponsor's proposed actions for such
use.
(c) Capital Expenditures.--
(1) Construction.--Upon a determination by the Secretary
that suitable facilities (including public school facilities)
are not otherwise available to prime sponsors to carry out
child care and early learning programs, that the lack of
suitable facilities will inhibit the operation of such
programs, and that construction of such facilities is more cost
effective than purchase of available facilities or renovation,
the Secretary, in the discretion of the Secretary, may
authorize the use of financial assistance under this title to
make payments for capital expenditures related to construction
of facilities that will be used to carry out such programs. The
Secretary shall establish uniform procedures for prime sponsors
to request approval for such payments, and shall promote, to
the extent practicable, the collocation of child care and early
learning programs with other programs serving children and
families.
(2) Construction, renovation, vehicle purchase.--Such
payments may be used for capital expenditures (including paying
the cost of amortizing the principal, and paying interest on,
loans) such as expenditures for--
(A) construction of facilities that are not in
existence on the date of the determination, if such
construction is more cost effective than purchase or
renovation;
(B) major renovation of facilities in existence on
such date, if major renovation is more cost effective
than purchase, construction, or minor renovation; and
(C) purchase of vehicles used for programs
conducted at child care and early learning program
facilities eligible for a payment under this
subsection.
(3) Wages for construction or renovation.--All laborers and
mechanics employed by contractors or subcontractors in the
construction or renovation of facilities to be used to carry
out child care and early learning programs under this title
shall be paid wages that are not less than the wages prevailing
on similar construction or renovation in the service area, as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act'').
SEC. 133. APPEALS, NOTICE, AND HEARING.
(a) Procedures.--The Secretary shall establish appeals, notice,
hearing, and other procedures consistent (except as otherwise provided
in this section) with the procedures described in section 646 of the
Head Start Act (42 U.S.C. 9841). The established procedures shall apply
to the child care and early learning programs carried out under this
title, and the prime sponsors carrying out such programs, as the case
may be.
(b) Withholding of Funds.--
(1) In general.--The Secretary shall take the action
described in paragraph (2) whenever the Secretary, after
reasonable notice and opportunity for a hearing for any prime
sponsor (including a delegate provider), finds--
(A) that the prime sponsor has failed to comply
substantially with any requirement set forth in the
plan of the prime sponsor approved under section 113 or
114;
(B) that the delegate provider has failed to comply
substantially with any requirement set forth in the
application of the provider approved pursuant to
section 115(c); or
(C) that in the operation of any program (or
services) carried out by any such prime sponsor (or
delegate provider) under this title the prime sponsor
(or delegate provider) has failed to comply
substantially with any applicable provision of this
title, including a regulation promulgated under this
title.
(2) Action.--On making a finding under paragraph (1), the
Secretary shall notify the prime sponsor or delegate provider
involved of the findings and that no further payments may be
made to such prime sponsor or delegate provider under this
title (or in the Secretary's discretion that any such prime
sponsor shall not make further payments under this title to
specified delegate providers affected by the failure) until the
Secretary is satisfied that there is no longer any such failure
to comply, or the noncompliance will be promptly corrected. The
Secretary may authorize the continuation of payments with
respect to any program or service assisted under this title
which is being carried out pursuant to the corresponding plan
or application referred to in paragraph (1) and which is not
involved in the noncompliance.
SEC. 134. RECORDS AND AUDITS.
The Secretary shall establish record and audit requirements
consistent with the requirements described in section 647 of the Head
Start Act (42 U.S.C. 9842). The established requirements shall apply to
the child care and early learning programs carried out under this
title, and the prime sponsors carrying out such programs, as the case
may be.
SEC. 135. TECHNICAL ASSISTANCE AND TRAINING.
(a) Preservice and Inservice Training.--The Secretary is authorized
to make payments to provide financial assistance to enable individuals
employed or preparing for employment in child care and early learning
programs assisted under this title, including volunteers, to
participate in programs of preservice or inservice training for
professional or nonprofessional personnel, to be conducted by any prime
sponsor carrying out a child care and early learning program, or any
institution of higher education, including a community college, or by
any combination of those prime sponsors or institutions. The financial
assistance shall include scholarships and funding for books,
transportation, and other comprehensive needs.
(b) Prime Sponsor Technical Assistance and Planning.--The Secretary
is authorized to, directly or through grant or contract, make technical
assistance available to entities who are eligible and seek to become
prime sponsors, and to prime sponsors, to assist the entities and prime
sponsors in planning, developing, and carrying out child care and early
learning programs.
(c) Prime Sponsor Financial Assistance.--
(1) In general.--Prime sponsors shall carry out training
and quality improvement activities, including--
(A) activities that support child care and early
learning programs (including providers) in meeting
national program standards; and
(B) supporting staff in meeting qualifications
described in section 136, including providing paid
release time to staff, to engage in activities that
enable the staff to meet the qualifications.
(2) Financial assistance.--The Secretary is authorized to
make financial assistance available to prime sponsors to carry
out such training and quality improvement activities.
(d) Staff Training.--The Secretary shall prescribe regulations
implementing a training program for staff of child care and early
learning programs assisted under this title, based on the training
program of the military child care program. Satisfactory completion of
the training program shall be a condition of employment of any person
as a member of the staff of such a child care and early learning
program. The training program established under this subsection shall
cover, at a minimum, training in each of the following:
(1) Early childhood development.
(2) Activities and disciplinary techniques appropriate for
children of different ages.
(3) Child abuse prevention and detection.
(4) Cardiopulmonary resuscitation and other emergency
medical procedures.
(e) Workforce Development and Diversity.--
(1) Outreach program.--From amounts allocated under section
103(b), the Secretary shall develop and implement a program of
outreach to recruit and train professionals from diverse
backgrounds to become teachers in child care and early learning
programs.
(2) Grants to institutions of higher education.--
(A) In general.--From amounts allocated under
section 103(b), the Secretary is authorized to award
grants, for a period of not less than 5 years, to
institutions of higher education, with priority for
part B institutions, Hispanic-serving institutions, and
Tribal Colleges and Universities (as the 3 types of
institutions are defined in clauses (i) through (iii)
of section 241(1)(A) of the Higher Education Act of
1965 (20 U.S.C. 1033(1)(A))).
(B) Use of funds.--An institution that receives
such a grant may--
(i) use the grant funds--
(I) to improve the child care and
early learning workforce;
(II) to recruit child care and
early learning teachers and other staff
who want to obtain additional
credentials related to child care and
early learning;
(III) to recruit and train
professionals from diverse backgrounds
to become teachers in child care and
early learning programs;
(IV) to promote access and
affordability through direct student
support, grants, scholarships, and
other forms of student financial aid to
students pursuing early childhood
coursework and degrees in order to
reduce or eliminate the need for such
students to take out loans for the
related costs of attendance;
(V) to create seamless,
articulated, teacher preparation
pathways; and
(VI) to develop institutional
policies that award credit for
students' previous postsecondary early
childhood coursework and degrees as
well as for demonstrated competency
through--
(aa) prior work experience;
and
(bb) apprenticeships that
lead to credentials, or
associate or baccalaureate
degrees; and
(ii) make a portion of the grant funds
available for students training to become staff
of child care and early learning programs, to
cover the corresponding tuition and other costs
of attendance.
SEC. 136. STAFF QUALIFICATIONS AND DEVELOPMENT.
(a) Qualification and Development.--
(1) In general.--The Secretary, after consultation with
other Federal agencies and on the basis of the recommendations
of the Committee established pursuant to section 121(a)(3),
shall establish staff qualification and development
requirements based on such requirements described in section
648A of the Head Start Act (42 U.S.C. 9843a), based on such
requirements being implemented by the military child care
program (including certification of family child care home
providers), and including a requirement to satisfactorily
complete training under section 135(d). The established
requirements shall include the requirements described in
subsection (b) (relating to compensation). The established
requirements shall apply to the child care and early learning
programs carried out under this title, and the prime sponsors
carrying out such programs, as the case may be.
(2) Objectives.--The established requirements shall be
designed to--
(A)(i) lead to high-quality child care and early
learning service delivery, including the use of
targeted strategies and resources provided by prime
sponsors to ensure the diverse, incumbent child care
and early learning workforce retains access to
employment in such programs; and
(ii) take into account workforce recruitment
challenges and the need for a diverse workforce;
(B) create a pathway for members of the child care
and early learning service workforce to build on their
credentials; and
(C) provide enough time (which shall be not less
than 6 years after the date of that establishment) for
staff to meet any educational requirements in the
established requirements.
(b) Pay.--
(1) Competitive rates of compensation.--For the purpose of
providing child care and early learning programs with a
qualified and stable workforce, each prime sponsor shall ensure
that employees (including employees of a delegate provider) at
a child care and early learning center and family child care
home providers, including teachers and other staff of family
child care home providers, shall be paid under a pay scale that
provides for rates of compensation that--
(A)(i) except as provided in clause (ii), are
comparable with the rates of compensation paid to
employees of the corresponding local educational agency
with similar training, seniority, and experience; or
(ii) for a position not typically found at the
corresponding local educational agency, are the rates
specified in the pay scale for the military child care
program; and
(B) are not less than a living wage, as determined
by the Secretary.
(2) Periodic reviews.--In recommending and establishing
requirements under subsection (a) and this subsection, the
Committee established pursuant to section 121(a)(3) and the
Secretary, respectively, shall periodically conduct reviews of
the rates of compensation for employers, teachers, and staff
described in paragraph (1). The Committee and Secretary shall
determine whether the rates are increasing at a pace that is
not less than the rate of the Consumer Price Index-All Urban
Consumers, and shall adjust the rates to ensure such an
increase.
(3) Limitation.--Notwithstanding any other provision of
law, no Federal funds may be used to pay any part of the
compensation of an employee, teacher, or staff member described
in paragraph (1) to carry out a child care and early learning
program, if such compensation, including non-Federal funds,
exceeds a rate equal to the rate payable for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.
(4) Compensation.--In this subsection, the term
``compensation''--
(A) includes salary, bonuses, periodic payments,
severance pay, the value of any vacation time, the
value of a compensatory or paid leave benefit, and the
fair market value of any employee perquisite or
benefit; and
(B) includes any prime sponsor expenditure for a
health, medical, life insurance, disability,
retirement, or any other employee welfare or pension
benefit.
(c) Curriculum Support.--
(1) In general.--Prime sponsors shall establish and
implement a plan to ensure all teachers in a child care and
early learning program, including family child care home
providers, have curriculum support.
(2) Curriculum support.--That curriculum support--
(A) may include the use of curriculum specialists,
as in the military child care program; and
(B) shall include--
(i) special teaching activities at
locations that are easily accessible by the
teachers;
(ii) daily oversight and instruction of
employees providing child care and early
learning services;
(iii) daily assistance in the preparation
of lesson plans, provided through individual
specialists or resources for staff that allow
teachers to engage in professional
responsibilities such as daily lesson planning;
(iv) assistance with child abuse prevention
and detection;
(v) assistance with activities to promote
children's cognitive development, behavior
management, and mental health; and
(vi) assistance with improving the delivery
of instruction and with measuring and tracking
children's outcomes.
SEC. 137. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
(a) General Objectives.--The Secretary shall carry out a continuing
program of research, demonstration, and evaluation activities, in order
to--
(1) focus national research efforts to attain a fuller
understanding of the processes of child development and early
learning outcomes and the effects of programs on those
processes and outcomes;
(2) foster continuous improvement in the quality of the
child care and early learning programs carried out under this
title and in their effectiveness in enabling participating
children and their families to succeed in school and otherwise;
(3) ensure that the results of research and related
development efforts are reflected in the conduct of programs
affecting children through the improvement and expansion of
child care and early learning programs; and
(4) develop, test, and disseminate information on new ideas
for addressing the needs of low-income and underserved children
(including children with disabilities, homeless children,
children who have been abused or neglected, and children in
foster care) and their families and communities, and furthering
in other ways the purposes of this title.
(b) Specific Objectives.--The research, demonstration, and
evaluation activities under this title shall include components
designed to--
(1) permit ongoing assessment of the quality and
effectiveness of the child care and early learning programs
under this title;
(2) contribute to developing knowledge concerning factors
associated with the quality and effectiveness of child care and
early learning programs and in identifying ways in which
services provided under this title may be improved;
(3) assist in developing knowledge concerning the factors
that promote or inhibit healthy development and effective
functioning of children and their families, including physical,
mental, vision, and oral health, both during and following
participation in a child care and early learning program;
(4) permit comparisons of children and families
participating in child care and early learning programs--
(A) with children and families receiving other
child care, or early childhood education and
development, services or programs; and
(B) with other appropriate control groups;
(5) contribute to understanding the characteristics and
needs of population groups eligible for services provided under
this title and the impact of such services on the individuals
served and the service areas in which such services are
provided;
(6) provide for disseminating and promoting the use of the
findings from such research, demonstration, and evaluation
activities;
(7) promote exploration of areas in which knowledge is
insufficient, and that will otherwise contribute to fulfilling
the purposes of this title;
(8)(A) contribute to understanding the impact of child care
and early learning services delivered in classrooms that
include both children with disabilities and children who are
not children with disabilities, on both types of children; and
(B) disseminate promising practices for increasing the
availability and quality of child care and early learning
services that are so delivered and classrooms described in
subparagraph (A);
(9) contribute to understanding the impact of different
child care and early learning models, including those with
varying teacher compensation, preparation, and workplace
supports, in addressing educational disparities and
inequalities, including disparities and inequalities based on
income, and disparities and inequalities based on culture, and
race and ethnicity;
(10) contribute to the understanding of providing effective
child care and early learning programs to dual language learner
children, children with disabilities, culturally diverse
families, racially and ethnically diverse families, children
belonging to an Indian tribe, Native Hawaiian children, and
children of migrant and seasonal farmworkers, and to service
areas with many low-income children; and
(11) carry out--
(A) research to determine the nature of child
development processes and the impact of various
influences upon those processes, including workplace
conditions and supports, to develop techniques to
measure and evaluate child development, to develop
standards to evaluate professional and paraprofessional
child development personnel, and to determine how child
care and early learning and related programs conducted
in either family child care homes or centers affect
child development processes;
(B) research to test alternative methods of
providing child development and related services, and
to develop and test innovative approaches to achieve
maximum development of children;
(C) evaluation of findings from research conducted
under this paragraph and the development of and
effective application of those findings;
(D) dissemination and application of results from
research and related development efforts and
demonstration projects to child care and early learning
programs, related programs, and early childhood
education;
(E) production of informational systems and other
resources necessary to support the activities
authorized under this paragraph; and
(F) integration of national child development
research efforts under this title into a focused
national research program, including the coordination
of research and development conducted by entities under
this section with research and development conducted by
other agencies, organizations, and individuals.
(c) Conduct of Research, Demonstration, and Evaluation
Activities.--The Secretary, in order to conduct research,
demonstration, and evaluation activities under this section--
(1) may carry out such activities directly, or through
grants to, or contracts or cooperative agreements with, public
or private entities;
(2) shall, to the extent appropriate, undertake such
activities in collaboration with Federal agencies (other than
the Department of Health and Human Services), and with non-
Federal agencies, Indian tribes, and tribal organizations,
conducting similar activities;
(3) shall ensure that evaluation of such activities in a
specific program is conducted by persons not directly involved
in the operation of such program;
(4) may require prime sponsors to provide for independent
evaluations;
(5) may approve, in appropriate cases, community-based
cooperative research and evaluation efforts to enable prime
sponsors to collaborate with qualified researchers not directly
involved in program administration or operation of a program
funded under this title; and
(6) may collaborate with organizations with expertise in
inclusive educational strategies for preschoolers who are
children with disabilities.
(d) Coordination of Research.--
(1) Transfers.--Funds available to any Federal agency
(including a department) for the purposes stated in subsection
(a) or the activities stated in subsection (b) shall be
available for transfer, with the approval of the head of the
agency involved, in whole or in part, to the Secretary for such
use as is consistent with the purposes for which such funds
were appropriated, and the funds so transferred shall be
expendable by the Secretary for the purposes for which the
transfer was made.
(2) Coordination.--In carrying out activities under this
section, the Secretary shall--
(A) coordinate, through the Office of Child Care
and Early Learning, established under section 131, all
child development research, training, and related
development efforts conducted by the Department of
Health and Human Services and, to the extent feasible,
by other agencies, organizations, and individuals;
(B) consult with--
(i) individuals from relevant academic
disciplines;
(ii) individuals who are involved in the
operation of child care and early learning
programs and individuals who are involved in
the operation of other child and family service
programs;
(iii) appropriate officials from Indian
tribes and tribal organizations; and
(iv) individuals from organizations
involved with, and academic disciplines related
to, children and families, ensuring that the
individuals consulted under this subparagraph
reflect the multicultural nature of the
children and families served by the child care
and early learning programs and the
multidisciplinary nature of the programs;
(C) whenever feasible and appropriate, obtain the
views of persons participating in and served by
programs assisted under this title with respect to
activities under this section; and
(D) establish, to the extent appropriate, working
relationships with faculty members of institutions of
higher education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001), located
in the area in which any evaluation under this section
is being conducted, to participate in such evaluation,
unless there is no such institution of higher education
willing and able to participate in such evaluation.
(3) Council.--
(A) In general.--There is established a Child
Development Research Council, consisting of--
(i) a representative of the Office of Child
Care and Early Learning (who shall serve as
chairperson); and
(ii) a representative from each of the
Federal agencies and offices determined to be
appropriate by the Secretary.
(B) Meetings.--The Council shall meet at least
annually and at such more frequent times as the Council
may determine to be necessary.
(C) Duties.--The Council shall assure coordination
of child care and early learning services under the
jurisdiction of the agencies and offices represented on
the Council and carry out the provisions of this
section so as to assure--
(i) maximum utilization of available
resources through the prevention of duplication
of activities;
(ii) a division of labor, insofar as is
compatible with the purposes of each of the
agencies or offices represented on the Council,
among those agencies and offices to assure
maximum progress toward the achievement of the
purposes of this section; and
(iii) recommendation of priorities for
federally funded research and related
development that are related to the purposes of
this section and those stated in section 101.
(e) Annual Report.--The Secretary shall make an annual report to
Congress--
(1) summarizing--
(A) the Secretary's activities and accomplishments
during the preceding year under this section; and
(B) the grants, contracts, or other arrangements
entered into during the preceding year under this
section; and
(2) making such recommendations as the Secretary may
determine to be appropriate.
(f) Plan.--The Secretary shall develop, and periodically update, a
plan governing the research, demonstration, and evaluation activities
under this section.
(g) Ownership of Results.--The Secretary shall take necessary steps
to ensure that all studies, reports, proposals, and data produced or
developed with Federal funds under this title shall become the property
of the United States.
SEC. 138. REPORTS.
(a) In General.--At least once during every 2-year period, the
Secretary shall prepare a report concerning the status of children
(including low-income children, children with disabilities, dual
language learner children, homeless children, children in foster care,
children participating in child care and early learning programs on
Indian land, and children participating in migrant or seasonal child
care and early learning programs) participating in child care and early
learning programs, including the number of participating children and
the services being provided to such children.
(b) Contents.--Such report shall include--
(1) a statement for the then most recently concluded fiscal
year specifying--
(A) the amount of funds received, by prime sponsors
that are designated under section 113, to provide child
care and early learning services in a period before
such fiscal year; and
(B) the amount of funds received, by prime sponsors
that are newly designated under section 113, to provide
such services in such fiscal year;
(2) a description of the distribution of child care and
early learning services relative to the distribution of
children who are in need of child care and early learning
programs, including geographic distribution within States, and
information on the number of children receiving those services;
(3) a statement identifying how funds made available under
section 112(a)(1) were distributed and used at national,
regional, and local levels;
(4) a statement specifying the amount of funds provided as
the non-Federal share of the costs of child care and early
learning programs, and the source of such funding;
(5) the cost per child of carrying out child care and early
learning programs, and how such cost varies by region;
(6) a description of the level and nature of participation
of parents and family members in child care and early learning
programs as volunteers and in other capacities;
(7) information concerning child care and early learning
center staff, including salaries, education, training,
experience, and staff turnover;
(8) information concerning children participating in child
care and early learning programs, including information on
family income, cultural background, racial and ethnic
background, homelessness, whether such a child is in foster
care or was referred by a child welfare agency, disability, and
whether the child's family receives benefits under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(9) using data from the monitoring conducted under section
121--
(A) a description of the extent to which programs
funded under this title comply with program standards
and regulations in effect under this title;
(B) a description of the types and condition of
facilities in which such programs are located; and
(C) the types of organizations that receive funds
under this title through such programs;
(10) a description of the types of services provided
through the programs to children and their families, both on
site and through referrals, including services related to
health, mental health, dental care, vision care, parenting
education, physical fitness, and literacy training;
(11) information from a study of the delivery of child care
and early learning programs to Indian children, to Native
Hawaiian children, and to children of migrant or seasonal
farmworker families;
(12) information on the delivery of disability-related
services in order to--
(A) determine whether child care and early learning
programs are making timely referrals to the State or
local agency responsible for providing services under
section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et
seq.);
(B) identify barriers to timely evaluations and
eligibility determinations by the State or local agency
responsible for providing services under section 619 or
part C of the Individuals with Disabilities Education
Act; and
(C) determine under what circumstances and for what
length of time child care and early learning programs
are providing disability-related services for children
who have not been determined under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) to
be children with disabilities; and
(13) information on how child care and early learning
programs serve populations of low-income children, minority
children, and dual language learner children, the extent to
which disparities exist in early learning outcomes of
participants in such programs, and how such programs address
disparities in early learning outcomes.
(c) Submission.--The Secretary shall submit each report prepared
under subsection (a) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of the
House of Representatives.
SEC. 139. NONDISCRIMINATION PROVISIONS.
The Secretary shall establish nondiscrimination requirements
consistent with the requirements described in section 654 of the Head
Start Act (42 U.S.C. 9849). The established requirements shall apply to
the child care and early learning programs carried out under this
title, and the prime sponsors carrying out such programs, as the case
may be.
SEC. 140. ADVANCE FUNDING.
For the purpose of affording adequate notice of funding available
under this title, appropriations for carrying out this title are
authorized to be included in an appropriation Act for the fiscal year
preceding the fiscal year for which the appropriations are available
for obligation.
SEC. 141. PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY INTRUSIVE
PHYSICAL EXAMINATIONS.
The Secretary shall establish a parental consent requirement
consistent with the requirement described in section 657A of the Head
Start Act (42 U.S.C. 9852a). The established requirement shall apply to
the child care and early learning programs carried out under this
title, and the prime sponsors carrying out such programs, as the case
may be.
Subtitle D--Special Programs
SEC. 151. SUPPLEMENTAL FUNDING TO PRIME SPONSORS.
(a) In General.--The Secretary is authorized to provide
supplemental financial assistance for the activities described in
subsection (b) or the purposes described in subsection (c), to prime
sponsors, who--
(1) demonstrate barriers--
(A) to scaling the services and processes needed to
fully implement the prime sponsors' child care and
early learning programs; and
(B) to meeting the national program standards; and
(2) need financial assistance, as determined by the
Secretary, for those activities or purposes, respectively.
(b) Activities.--The Secretary may provide the supplemental
financial assistance for activities consisting of--
(1) conducting a facilities review as described in section
132(b)(2) and accessing adequate facilities;
(2) establishing coordination arrangements and processes
with other entities, including local educational agencies and
related entities, organizations delivering health and social
services in the service area involved, and the State;
(3) establishing training and professional development
protocols and processes under sections 135 and 136;
(4) meeting accreditation requirements;
(5) providing supports to enable family child care home
providers to participate as providers within the child care and
early learning program carried out by the prime sponsor
involved and to enable the prime sponsor to meet the national
program standards;
(6) securing materials and resources for professional
learning opportunities; and
(7) other activities related to the establishment,
expansion, and scaling of services and processes needed to
fully implement the prime sponsor's child care and early
learning program and enable the prime sponsor to meet the
national program standards.
(c) Purposes.--The Secretary may provide the supplemental financial
assistance to a prime sponsor that meets the requirements of subsection
(a) and has difficulty in providing a non-Federal share because the
prime sponsor serves an area with a high concentration of families with
a family income of not more than, or slightly above, 200 percent of the
poverty line, for the purposes of increasing the Federal share of the
costs described in section 121(c)(2)(A).
SEC. 152. SPECIAL GRANTS TO STATES.
(a) Grants.--On approving an application submitted by any State,
the Secretary is authorized to provide a grant to the State for
carrying out activities described in subsection (b).
(b) Use of Funds.--A State that receives a grant under subsection
(a) may use the grant funds for--
(1) identifying child care and early learning services
goals and needs within the State;
(2) furnishing child care providers with start-up funding
and technical assistance;
(3) supporting compensation for the child care and early
learning workforce comparable to compensation for the primary
education workforce, which may include retention or bonus
awards;
(4) establishing or expanding the operation of community or
neighborhood-based family child care networks by providing
grants and contracts for training;
(5) supporting the recruitment, training, and professional
development of the child care and early learning workforce;
(6) assisting in the establishment of Child Care and Early
Learning Councils and strengthening the capability of such
Councils to effectively advise on the child care and early
learning programs;
(7) encouraging the cooperation and participation of State
agencies in providing child care and early learning services,
including health, family planning, mental health, education,
nutrition, family, social, and rehabilitative services if that
cooperation and participation are requested by appropriate
prime sponsors in the development and implementation of child
care and early learning plans;
(8) encouraging the full utilization of resources and
facilities for child care and early learning programs within
the State;
(9) disseminating the results of research on child care and
early learning programs;
(10) conducting programs for the exchange of personnel
involved in child care and early learning programs within the
State;
(11) assisting prime sponsors in the acquisition or
improvement of facilities for child care and early learning
programs;
(12) assessing State and local licensing codes as the codes
relate to child care and early learning programs within the
State;
(13) developing information useful in reviewing prime
sponsorship plans described in section 113(a) and child care
and early learning plans described in section 114(b);
(14) facilitating collaboration among prime sponsors and
delegate providers within the State; and
(15) supporting a unified, birth-through-school-entry,
early childhood system, including carrying out activities
related to establishing braided or blended funding arrangements
to promote the integration of services to children and
families.
(c) Maintenance of Effort.--No State or community shall reduce its
expenditures for child care and early learning programs (including
home-based child care and early learning programs) because of financial
assistance provided under this section.
TITLE II--RELATED PROGRAMS
SEC. 201. MAINTENANCE OF EFFORT.
(a) Maintenance of Effort.--Section 658J of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended by
adding at the end the following:
``(d) Maintenance of Effort.--
``(1) In general.--No State shall receive such a payment
for a fiscal year if the State reduces its total State
expenditures for child care services for the prior fiscal year
below the average of such expenditures for the 3 fiscal years
preceding that prior fiscal year.
``(2) Total state expenditures.--For purposes of this
subsection, total State expenditures for child care services
include State expenditures to carry out this subchapter and the
Universal Child Care and Early Learning Act.''.
(b) Relationship to the Universal Child Care and Early Learning
Act.--Section 658M of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858k) is amended by adding at the end the following:
``(c) Relationship to the Universal Child Care and Early Learning
Act.--An eligible child who is eligible for child care and early
learning services under the Universal Child Care and Early Learning Act
shall only receive child care services under this subchapter that the
child is ineligible for under that Act.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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