[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1118 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1118
To establish comprehensive early childhood education programs, early
childhood education staff development programs, model Federal
Government early childhood education programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2001
Mrs. Mink of Hawaii introduced the following bill; which was referred
to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish comprehensive early childhood education programs, early
childhood education staff development programs, model Federal
Government early childhood education programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Early Childhood Education Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short Title; Table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Authorization of appropriations.
Sec. 5. Allocation of funds.
TITLE I--COMPREHENSIVE EARLY CHILDHOOD EDUCATION PROGRAMS
Sec. 101. Program authorized.
Sec. 102. Prime sponsors of early childhood education programs.
Sec. 103. Early childhood education councils.
Sec. 104. Comprehensive early childhood education plans.
Sec. 105. Project applications.
Sec. 106. Special grants to States.
Sec. 107. Additional conditions for programs including construction.
Sec. 108. Use of public facilities for early childhood education
programs.
Sec. 109. Payments.
TITLE II--TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND EVALUATION
Sec. 201. Preservice and inservice training.
Sec. 202. Technical assistance and planning.
Sec. 203. Evaluation.
Sec. 204. Federal standards for early childhood education.
Sec. 205. Development of uniform minimum code for facilities.
TITLE III--MODEL FEDERAL GOVERNMENT CHILD DEVELOPMENT PROGRAMS
Sec. 301. Program authorized.
Sec. 302. Payments.
TITLE IV--RESEARCH AND DEMONSTRATIONS
Sec. 401. Declaration of purposes.
Sec. 402. Research and demonstration projects.
Sec. 403. Coordination of research.
TITLE V--GENERAL PROVISIONS
Sec. 501. Definitions.
Sec. 502. Nutrition.
Sec. 503. Special provisions.
Sec. 504. Withholding grants.
Sec. 505. Public information.
SEC. 2. FINDINGS.
The Congress makes the following findings--
(1) comprehensive early childhood education programs,
including a full range of health and social services, are
essential to the achievement of the full potential of the
Nation's children and should be available as a matter of right
to all children whose parents or legal guardians shall request
them regardless of economic, social, and family backgrounds;
(2) children with special needs must receive full
consideration in planning any early childhood education
programs and, pending the availability of such programs for all
children, priority must be given to preschool children with the
greatest economic and social need;
(3) no mother should be forced to work outside the home as
a condition for availing her children of early childhood
education programs;
(4) comprehensive early childhood education programs not
only provide a means of delivering a full range of essential
services to children, but can also furnish meaningful
employment opportunities for many individuals, including older
persons, parents, young persons, and volunteers;
(5) it is essential that the planning and operation of such
programs be undertaken as a partnership of parents, community,
and State and local government with appropriate assistance from
the Federal Government.
SEC. 3. PURPOSE.
It is the purpose of this Act to provide every child with a fair
and full opportunity to reach his or her full potential by establishing
and expanding comprehensive early childhood education through programs
that--
(1) recognize and build upon the experience and success
gained through the Head Start program and similar efforts;
(2) furnish early childhood education services for those
children who need them most, with special emphasis on preschool
programs for economically disadvantaged children, and for
children of working mothers and single parent families; and
(3) provide that decisions on the nature of funding of such
programs be made at the community level with the direct
participation of parents of the children and other individuals
and organizations in the community interested in early
childhood education;
(4) provide that the development, conduct, and overall
direction of programs be determined at the community level; and
(5) promote the universal availability of early childhood
education services.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this Act, there is
authorized to be appropriated $4,000,000,000 for the fiscal year
beginning October 1, 2001, and such sums as may be necessary in each of
the succeeding fiscal years through 2006. Any amounts appropriated for
such fiscal year which are not obligated at the end of such fiscal year
may be obligated in the succeeding fiscal year.
(b) Other Activities.--For the purpose of providing training,
technical assistance, planning, and such other activities as the
Secretary deems necessary and appropriate to prepare for the
implementation of this Act, there is authorized to be appropriated
$100,000,000 for the fiscal year beginning October 1, 2001.
SEC. 5. ALLOCATION OF FUNDS.
(a) The amounts appropriated for carrying out this Act for any
fiscal year beginning on or after October 1, 2001, shall be made
available in the following manner:
(1) $1,000,000,000 shall be used for the purpose of
providing assistance under titles I, II, and IV for early
childhood education programs focused upon young children from
low-income families.
(2) Not to exceed 10 percent of the remaining amounts so
appropriated shall be used for the purpose of carrying out
titles II, III, and IV, as the Secretary deems appropriate; and
(3) The remainder of such amounts shall be used for the
purpose of carrying out title I.
(b) Reservations.--
(1) In general.--From the amount available for carrying out
comprehensive early childhood education programs under title I
of this Act, the Secretary shall reserve the following:
(A) Not less than that proportion of the total
amount available for carrying out title I as is
equivalent to that proportion which the total number of
children of migrant agricultural workers bears to the
total number of economically disadvantaged children in
the United States, which shall be apportioned among
programs serving children of migrant agricultural
workers on an equitable basis, and to the extent
practicable in proportion to the relative numbers of
children served in each such program.
(B) Not less than that proportion of the total
amount available for carrying out title I as is
equivalent to that proportion which the total number of
children on Federal and State Indian reservations bears
to the total number of economically disadvantaged
children in the United States, which shall be
apportioned among programs serving children on Federal
and State Indian reservation on an equitable basis, and
to the extent practicable in proportion to the relative
number of children residing on each such reservation.
(C) Not less than that proportion of the total
amount available for carrying out title I as is
equivalent to that proportion which the total number of
Native Hawaiian children bears to the total number of
economically disadvantaged children in the United
States, which shall be apportioned among programs
serving Native Hawaiian children on an equitable basis,
and to the extent practicable in proportion to the
relative numbers of children served in each such
program.
(D) Not less than 10 percent of the total amount
available for carrying out title I, which shall be made
available for the purposes of section 101(b)(2)(I)
(relating to special activities for children with
disabilities).
(E) Not to exceed 5 percent of the total amount
available for carrying out title I, which shall be made
available under section 102(f)(3) (relating to model
programs).
(2) Remaining amounts.--The remainder of the amounts
available for carrying out title I shall be allocated by the
Secretary on an equitable basis, and to the extent practicable
such funds shall be apportioned in such a manner that--
(A) 50 percent of such remainder shall be
apportioned among the States and localities within each
State in proportion to the relative numbers of
economically disadvantaged children in each such State
and locality, respectively;
(B) 25 percent of such remainder shall be
apportioned among the States and localities within each
State in proportion to the relative numbers of children
who have not attained six years of age in each such
State or locality, respectively;
(C) 25 percent of such remainder shall be
apportioned among the States and localities within each
State in proportion to the relative numbers of children
of working mothers and single parents in each such
State and locality, respectively.
For the purposes of clauses (A), (B), and (C) of this
paragraph, there shall be excluded those children who are
counted under clauses (A), (B), and (C) of subsection (b)(1) of
this section.
(3) Determination.--In determining the numbers of children
for purposes of allocating and apportioning funds under this
section, the Secretary shall use the most recent satisfactory
data available.
(c) Special Grants.--Not to exceed 5 percent of the total funds
apportioned for use within a State pursuant to subsection (b)(2) may be
made available for grants to the State to carry out the provisions of
section 106 of this Act.
(d) Federal Register.--As soon as practicable after funds are
appropriated to carry out this Act for any fiscal year, the Secretary
shall publish in the Federal Register the apportionments required by
this section.
TITLE I--COMPREHENSIVE EARLY CHILDHOOD EDUCATION PROGRAMS
SEC. 101. PROGRAM AUTHORIZED.
(a) In General.--The Secretary of Education shall provide financial
assistance for carrying out early childhood education programs under
this part to prime sponsors and to other public and private nonprofit
agencies and organizations pursuant to plans and applications approved
in accordance with the provisions of this title.
(b) Use of Funds.--Funds available for this part may be used (in
accordance with approved applications) for the following services and
activities--
(1) planning and developing early childhood education
programs, including the operation of pilot programs to test the
effectiveness of new concepts, programs, and delivery systems;
(2) establishing, maintaining, and operating early
childhood education program, which include--
(A) comprehensive physical and mental health,
social, and cognitive development services necessary
for children participating in the program to profit
fully from their educational opportunities and to
attain their maximum potential;
(B) food and nutritional services;
(C) rental, remodeling, renovation, alteration,
construction, or acquisition of facilities, including
mobile facilities, and the acquisition of necessary
equipment and supplies;
(D) programs designed (i) to meet the special needs
of minority groups, Native Americans, Alaskan Natives
and Native Hawaiians, and migrant children with
particular emphasis on the needs of children with
limited English proficiency for the development of
skills in English and another language spoken in the
home, and (ii) to meet the needs of all children to
understand the history and cultural backgrounds of the
ethnic groups which belong to their communities and the
role of members of such ethnic groups in the history
and cultural development of the Nation and of the
region in which they reside;
(E) full-day, year-round program of daily
activities designed to develop fully each child's
potential;
(F) other specially designed health, social, and
educational programs (including after school, summer,
weekend, vacation, and overnight programs);
(G) medical, dental, psychological, educational,
and other appropriate diagnosis, identification, and
treatment of visual, hearing, speech, nutritional, and
other physical, mental, and emotional barriers to full
participation in child education and development
programs, including programs for preschool and other
children who are emotionally disturbed;
(H) prenatal and other medical services to
expectant mothers who cannot afford such services,
designed to help reduce malnutrition, infant and
maternal mortality, and the incidence of mental
retardation and other disabling conditions, and
postpartum and other medical services (including family
planning information) to such recent mothers;
(I) incorporation within early childhood education
programs of special activities designed to identify and
ameliorate physical, mental, and emotional disabilities
and special learning disabilities;
(J) preservice and inservice education and other
training for professional and paraprofessional
personnel;
(K) dissemination of information in the functional
language of those to be served to assure that parents
are well informed of early childhood education programs
available to them and may participate in such programs;
(L) services, including in-home services, and
training in the fundamentals of child development, for
parents, older family members functioning in the
capacity of parents, youth, and prospective parents;
(M) programs designed to extend comprehensive
prekindergarten early childhood education techniques
and gains (particularly parent participation) into
kindergarten and early primary grades (one through
three), in cooperation with local educational agencies,
including--
(i) the use of former assistant Head Start
teachers or similar early childhood education
teachers as instructional aides (in addition to
those employed by the schools involved) working
closely with classroom teachers in the
kindergarten and such early primary grades in
which are enrolled children they taught in Head
Start or other early childhood programs;
(ii) providing for full participation of
parents of the children involved in program
planning, implementation, and decisionmaking;
and
(iii) for career development opportunities
and advancement through continuing education
and training for instructional aides involved
(including teaching salaries, educational
stipends for tuition, books, and tutoring,
career counseling, arrangements for academic
credit for independent study, fieldwork based
on their teaching assignments, and preservice
and inservice training) and for the classroom
teachers and principals involved; and
(N) such other services and activities as the
Secretary deems appropriate in furtherance of the
purposes of this part; and
(3) staff and other administrative expenses of early
childhood education councils established and operated in
accordance with this title.
SEC. 102. PRIME SPONSORS OF EARLY CHILDHOOD DEVELOPMENT PROGRAMS.
(a) Prime Sponsorship.--In accordance with the provisions of this
section, a State, locality, combination of localities, Indian tribe on
a Federal or State reservation, or public or private nonprofit agency
or organization, meeting the requirements of this Act may be designated
by the Secretary as prime sponsor for the purpose of entering into
arrangements to carry out early childhood education programs under this
part, upon the approval by the Secretary of a prime sponsorship plan,
which includes provisions--
(1) describing the prime sponsorship area to be served;
(2) setting forth satisfactory provisions of establishing
and maintaining an Early Childhood Education Council which
meets the requirements of section 103 of this Act;
(3) providing that the Early Childhood Education Council
shall be responsible for developing and preparing a
comprehensive early childhood education plan for each fiscal
year and any modification thereof;
(4) setting forth arrangements under which the Early
Childhood Education Council will be responsible for planning,
supervising, coordinating, monitoring, and evaluating early
childhood education programs in the prime sponsorship area;
(5) providing adequate assurances that staff and other
administrative expenses for the Early Childhood Education
Council under subsection (b) paragraph (3) of section 101 will
not exceed 5 percent of the total cost of comprehensive early
childhood education programs administered by the prime sponsor
unless such percentage limitation is increased to give special
consideration to initial costs in the first operations year or
to other special needs, in accordance with regulations which
the Secretary shall prescribe; and
(6) providing assurances, to the extent necessary to carry
out comprehensive early childhood education programs in the
area to be served, of the capacity to provide, or to enter into
arrangements with appropriate State, local or other agencies
for linkages to provide--
(A) coordination with educational agencies and
providers of educational services;
(B) health (including family planning) and mental
health services;
(C) nutrition services; and
(D) training of professional and paraprofessional
personnel.
(b) Local Approval.--The Secretary shall approve a prime
sponsorship plan submitted by a locality which is a city, country, or
other unit of general local government, if the Secretary determines
that the plan so submitted meets the requirements of subsection (a) and
includes adequate provisions for carrying out comprehensive early
childhood education programs in area of such locality. In the event
that an area under the jurisdiction of a unit of general local
government, a city, county, or other unit of local government, includes
any common geographical area with that covered by another such unit of
general local government, the Secretary shall designate to serve such
area the unit of general local government which the Secretary
determines has the capability of more effectively carrying out the
purposes of this title with respect to such area and which has
submitted a plan which meets the requirements of this section and
includes adequate provisions for carrying out comprehensive early
childhood education programs in such area.
(c) Failure To Meet Requirements.--
(1) In general.--In the event that the Secretary determines
that a locality fails to meet the requirements for designation
as a prime sponsor under subsection (b) for the reason that it
lacks the capability of meeting the requirements of paragraph
(5) (concerning the limitation in administrative expenses for
Early Childhood Education Councils) or paragraph (6)
(concerning the capacity to provide or to enter into
arrangements for linkages to provide services related to early
childhood education) of subsection (a), 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.
(2) Meeting requirements.--The Secretary shall approve a
prime sponsorship plan submitted by 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 comprehensive early childhood
education programs in the area covered by the combination of
such localities.
(d) Approval of Plan.--The Secretary shall approve a prime
sponsorship plan submitted by an Indian tribe on a Federal or State
reservation if the Secretary determines that the plan so submitted
meets the requirements of subsection (a) and includes adequate
provisions for carrying out comprehensive early childhood education
programs in the area to be served.
(e) Approval for Special Circumstances.--In the event that the
Secretary determines, with respect to the area of a particular
locality, that a prime sponsorship plan meeting the requirements of
this section has not been submitted by a locality or combination of
localities covering such areas, or by an Indian tribe on a Federal
or State reservation, or in the event that prime sponsorship
designation has been withdrawn in accordance with subsection (h), the
Secretary may, with respect to the impending fiscal year when no such
prime sponsorship designation will be in effect, approve a plan
submitted by the State which meets the requirements of subsection (a)
and includes adequate provisions for carrying out comprehensive early
childhood education programs in each such area.
(f) Agency Approval.--The Secretary may approve a prime sponsorship
plan submitted by a public or private nonprofit agency, including but
not limited to a community action agency, single purpose Head Start
agency, community development corporation, parent cooperative,
organization of migrant agricultural workers, organization of Native
Americans, Alaskan Natives or Native Hawaiians, employer organizations,
or public or private educational agency or institution if the Secretary
determines that the plan so submitted meets the requirements of
subsection (a) of this section and includes--
(1) provisions setting forth arrangements for serving
children in a neighborhood or other area possessing a
commonality of interest in the area of any locality with
respect to which there is not prime sponsorship designation in
effect, or with respect to any portion of an area where the
prime sponsor is found not to be satisfactorily implementing
early childhood education program which adequately meets the
purposes of this part, or for making available special
services, in accordance with criteria established by the
Secretary, designed to meet the needs of economically
disadvantaged or preschool children;
(2) arrangements for providing comprehensive early
childhood education programs on a full-day year-round; or
(3) arrangements for carrying out model programs especially
designed to be responsive to the needs of economically
disadvantaged, minority groups, or limited English proficient
preschool children.
(g) Comments and Recommendations.--The Governor of the State shall
in accordance with regulations which the Secretary shall prescribe, be
given a reasonable opportunity to review and offer recommendations to
any applicant submitting a plan for prime sponsorship designation under
this section, and to submit comments to the Secretary with respect to
any plan so submitted.
(h) Disapproval.--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
prescribed by the Secretary, has provided--
(1) written notice of intention to disapprove such plan,
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.
(i) Appeals.--
(1) In general.--If any party is dissatisfied with the
Secretary's final action under subsection (h) with respect to
the disapproval of its plan submitted under this section or the
withdrawal of its prime sponsorship designation, such party
may, within sixty days after notice of such action, file with
the United States court of appeals for the circuit in which
such party is located a petition for review of that action. A
copy of the petition shall be forthwith transmitted by the
clerk of the court to the Secretary. The Secretary thereupon
shall file in the court the record of the proceeding on which
the Secretary based his/her action, as provided in section 2112
of title 28, United States Code.
(2) Court judgment.--The court shall have jurisdiction to
affirm the action of the Secretary or to set it aside, in whole
or in part. The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
SEC. 103. EARLY CHILDHOOD EDUCATION COUNCILS.
(a) Membership.--Each prime sponsor designed under section 102
shall establish and maintain an Early Childhood Education Council
consisting of not less than ten members comprised as follows:
(1) Parents.--Not less than half of the members of such
Council shall be parents of children served in early childhood
education programs under this Act.
(2) Remaining members.--The remaining members of such
Council shall be appointed by the chief executive officer or
officers of the prime sponsor to represent the public, but--
(A) not less than half of such members shall be
persons who are broadly representative of the general
public, including government agencies, public and
private agencies and organizations in such field as
economic opportunity, health, education, welfare,
employment and training, business or financial
organizations or institutions, labor unions, and
employers, and who are approved by the parent members
described in paragraph (1); and
(B) the remaining members the number of which shall
be either equal to or one less than the number of
members appointed under clause (A), shall be persons
who are particularly skilled by virtue of training or
experience in early childhood education, child
development, child health, child welfare, or other
child services, except that the Secretary may waive the
requirements of this clause (B) to the extent that the
Secretary determines, in accordance with regulations
prescribed by the Secretary, that such person are not
available to the area to be served.
(b) Procedures.--In accordance with procedures with the Secretary
shall establish pursuant to regulations, each prime sponsor designed
under section 102 shall provide, with respect to the Early Childhood
Education Council established and maintained by such prime sponsor,
that--
(1) the parent members described in paragraph (1) of
subsection (a) of this section shall be chosen by the
membership of Head Start policy committees where they exist,
and, at the earliest practicable time, by project policy
committees established pursuant to section 105(a)(2) of this
Act;
(2) not less than one-fourth of the total membership of
such Council shall be persons broadly representative of the
economically disadvantaged;
(3) the terms of office and any other policies and
procedures of an organizational nature, including nomination
and election procedures, are appropriate in accordance with the
purposes of this Act;
(4) such Council shall have responsibility for approving
basic goals, policies, actions, and procedures for the prime
sponsor, including policies with respect to planning, general
supervision and oversight, overall coordination, personnel,
budgeting, funding of projects, and monitoring and evaluation
of projects; and
(5) such Council shall, upon its own initiatives or upon
request of a project applicant or any other party in interest,
conduct public hearings before acting upon applications for
financial assistance submitted by project applicants under this
Act.
SEC. 104. COMPREHENSIVE EARLY CHILDHOOD EDUCATION PLANS.
(a) Assistance.--Financial assistance under this part may be
provided by the Secretary for any fiscal year to a prime sponsor
designated pursuant to section 102 only pursuant to a comprehensive
early childhood education plan which is submitted by such prime sponsor
and approved by the Secretary in accordance with the provisions of this
part. Any such plan shall set forth a comprehensive program providing
early childhood education services in the prime sponsorship area
which--
(1) identifies all early childhood education needs and
goals within the area and describes the purposes for which the
financial assistance will be used;
(2) meets the needs of children in the prime sponsorship
area, to the extent that available funds can be reasonably
expected to have an effective impact, including infant care and
before and after school programs for children in school with
priority to children who have not attained six years of age;
(3) gives priority to meeting the special needs of
economically disadvantaged children by providing that not less
than 65 percent of the total cost of programs receiving
financial assistance under section 4(b) shall be for early
childhood education programs for economically disadvantaged
children;
(4) gives priority thereafter to providing early childhood
education programs and services to children of single parents
and working mothers not covered under paragraph (3);
(5) provides procedures for the approval of project
applications submitted in accordance with section 105;
(6) provides, in the case of a prime sponsor located within
or adjacent to a metropolitan area, for coordination with other
prime sponsors located within such metropolitan area, and
arrangements for cooperative funding where appropriate, and
particularly for such coordination where appropriate meet the
needs for early childhood education services of children of
parents working or participating in training or otherwise
occupied during the day within a prime sponsorship area other
than that in which they reside;
(7) provides that, to the extent feasible, each program
within the prime sponsorship area will include children from a
range of socioeconomic backgrounds;
(8) provides comprehensive services (A) to meet the special
needs of minority group children of migrant agricultural
workers with particular emphasis on the needs of children from
bilingual families for development of skills in English and in
the other language spoken in the home, and (B) to meet the need
of all children to understand the history and cultural
background of minority groups which belong to the communities
and the role of members of such minority groups in the history
and cultural development of the Nation and the region in which
they reside;
(9) provides equitably for the early childhood education
needs of children from each minority group or significant
segment of the economically disadvantaged residing within the
area covered;
(10) provides, to the extent possible, for coordination of
early childhood education programs so as to keep family units
intact or in close proximity during the day;
(11) provides for the regular and frequent dissemination of
information in the functional language of those to be served,
to assure that parents and interested persons in the community
are fully informed of the activities of the Early Childhood
Education Council and of delegate agencies;
(12) provides that, to the extent possible, unemployed or
low-income persons residing in communities served by such
projects will receive jobs providing career ladder
opportunities, including in-home and part-time jobs, and
opportunities for training in programs assisted under title II
of this Act;
(13) assures that procedures and mechanisms for
coordination have been developed in cooperation with preschool
program administrators and administrators of local educational
agencies and non-public schools, at the local level, to provide
continuity between programs for preschool and elementary school
children and to coordinate programs conducted under this part
and programs conducted pursuant to the Head Start Act (42
U.S.C. 9831-9852) and the Elementary and Secondary Education
Act of 1965, as amended;
(14) establishes arrangements in the area served for the
coordination of programs conducted under the auspices of or
with the support of business or financial institutions or
organizations, industry, labor, employee and labor-management
organizations, and other community groups;
(15) contains any arrangements for the delegation, under
the supervision of the Early Childhood Education Council, to
any public or private non-profit agencies, institutions, or
organizations, of responsibilities for the delivery of
programs, services, and activities for which financial
assistance is provided under this title, or for any planning or
evaluation services to be made available with respect to
programs under this title; and
(16) contains plans for regularly conducting surveys and
analyses of needs for early childhood education programs in the
prime sponsorship 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.
(b) Plan and Plan Modifications.--No comprehensive early childhood
education plan or modification thereof submitted by a prime sponsorship
under this section shall be approved by the Secretary unless the
Secretary determines, in accordance with regulations prescribed by the
Secretary, that--
(1) each community action agency or single purpose Head
Start agency in the area to be served previously responsible
for the administration of programs under this part or under the
Head Start Act (42 U.S.C. 9831-9852) has had an opportunity to
submit comments to the prime sponsor and to the Secretary;
(2) the local educational agency for the area to be served,
and other appropriate educational and training agencies and
institutions, have had an opportunity to submit comments to the
prime sponsor and to the Secretary; and
(3) the Governor of the State has had an opportunity to
submit comments to the prime sponsor and to the Secretary.
(c) Disapproval.--A comprehensive early childhood education plan
submitted under this section may be disapproved or a prior approval
withdrawn only if the Secretary, in accordance with regulations
prescribed by the Secretary, had provided--
(1) written notice of intention to disapprove such plan,
including a statement of the reasons,
(2) reasonable time to submit corrective amendments to such
plan or undertake for a public hearing upon which basis an
appeal to the Secretary may be taken as of right.
(d) Joint Submissions.--In order to contribute to the effective
administration of this Act, the Secretary shall establish appropriate
procedures to permit prime sponsors to submit jointly a single
comprehensive early childhood education plan for the areas served by
such prime sponsors.
SEC. 105. PROJECT APPLICATIONS.
(a) Assistance To Project Applicant.--Financial assistance under
this Act may be provided to a project applicant for any fiscal year
only pursuant to a project application which is submitted by a public
or private agency and which provides that--
(1) funds will be provided for carrying out any early
childhood education program under this part only to a qualified
public or private agency or organization, including but not
limited to a community action agency, single purpose Head Start
agency, community development corporation, parent cooperative,
organization of migrant agricultural workers, organization of
Native Americans, Alaskan Natives, and Native Hawaiians,
private organization interested in early childhood education,
employer or business organization, labor union, employee or
labor management organization, or public or private educational
agency or institution;
(2) project policy committees shall be established and
maintained, consisting of not less than ten members, composed
so that--
(A) not less than half of the members of each such
committee shall be parents of children served in such
projects, and
(B) the remaining members of such committee shall
be comprised--
(i) of persons who are representative of
the community and who shall be approved by the
parent members, and
(ii) of persons, the number of which shall
be not less than one-third nor more than one-
half of the number of members appointed under
clause (i), who are particularly skilled by
virtue of training or experience in early
childhood education, child health, child
welfare, or other child services, except that
the Secretary may waive the requirement of this
clause (ii) to the extent that he/she
determines, in accordance with regulations
prescribed by the Secretary, that such persons
are not available to the area to be served;
(3) provision will be made for direct participation of such
policy committees in the development and preparation of project
applications under this part;
(4) adequate provision will be made for training and other
administrative expenses of such policy committee (including
necessary expenses to enable low-income members to participate
in council or committee meetings);
(5) project policy committees shall have responsibility for
approving basic goals, policies, actions, and procedures for
the project applicant, including policies with respect to
planning, overall conduct, personnel, budgeting, location of
centers and facilities, and direction and evaluation of
projects;
(6) programs assisted under this title will provide for
such comprehensive health, nutritional, education, social, and
other services, as are necessary for the full cognitive,
emotional and physical development of each participating child;
(7) adequate provision will be made for the regular and
frequent dissemination of information in the functional
language of those to be served, to assure that parents and
interested persons are fully informed of project activities.
(8)(A) no charge for services provided under an early
childhood education program will be made with respect to any
child who is economically disadvantaged, except to the extent
that payment will be made by a third party (including a public
agency) which is authorized or required to pay for such
services; and
(B) such charges will be made with respect to a child who
is not economically disadvantaged in accordance with an
appropriate fee schedule which shall be established by the
Secretary by regulation and which is based upon the ability of
the family to pay for such services, including the extent to
which any third party (including a public agency) is authorized
or required to make payments for such services;
(9) children will in no case be excluded from the programs
operated pursuant to this part because of their participation
in non-public preschool or school programs or because of the
intention of their parents to enroll them in non-public schools
when they attain school age;
(10) program will, to the extent appropriate, employ
paraprofessional aides and volunteers, especially parents,
older children, students, older persons, and persons preparing
for careers in early childhood education programs;
(11) there are assurances satisfactory to the Secretary
that the non-Federal share requirements will be met; and
(12) provisions will be made for such fiscal control and
fund accounting procedures as the Secretary shall prescribe to
assure proper disbursement of and accounting for Federal funds.
(b) Project Application Approval.--A project application submitted
in accordance with subsection (a) of this section may be approved by
the Secretary if determined that it meets the purpose of this title.
SEC. 106. SPECIAL GRANTS TO STATES.
Upon application submitted by any State, the Secretary is
authorized to provide financial assistance for use by such State for
carrying out activities for the purposes of--
(1) identifying early childhood education goals and needs
within the State;
(2) assisting in the establishing of Early Childhood
Education Councils and strengthening the capability of such
Councils to effectively plan, supervise, coordinate, monitor,
and evaluate early childhood education programs;
(3) encouraging the cooperation and participation of State
agencies in providing early childhood education and related
services, including health, family planning, mental health,
nutrition, and family, social and rehabilitative services where
requested by appropriate prime sponsors in the development and
implementation of comprehensive early childhood education plans;
(4) encouraging the full utilization of resources and
facilities for early childhood education programs within the
State;
(5) disseminating the results of research on early
childhood education programs;
(6) conducting programs for the exchange of personnel
involved in early childhood education programs within the
State;
(7) assisting public and private nonprofit agencies and
organizations in the acquisition or improvement of facilities
for early childhood education programs;
(8) assessing State and local licensing codes as they
relate to early childhood education programs within the State;
and
(9) developing information useful in reviewing prime
sponsorship plans under section 102(g) and of Comprehensive
Early Childhood Education Plans under section 104(b)(3).
SEC. 107. ADDITIONAL CONDITIONS FOR PROGRAMS INCLUDING CONSTRUCTION.
(a) Construction.--Applications for financial assistance for
projects, including construction, may be approved only if the Secretary
determines that construction of such facilities is essential to the
provision of adequate early childhood education services, and that
rental, renovation, remodeling, or leasing of adequate facilities is
not practicable.
(b) Recovery of Funds.--If any facility assisted under this title
shall cease to be used for the purpose for which it was constructed,
the United States shall be entitled to recover from the applicant or
other owner of the facility an amount which bears to the then value of
the facility (or so much thereof as constituted an approved project)
the same ratio as the amount of such Federal funds bore to the cost of
the facility financed with the aid of such funds, unless the Secretary
determines in accordance with regulations that there is good cause for
releasing the applicant or other owner from the obligation to do so.
Such value shall be determined by agreement of the parties or by action
brought in the United States district court for the district in which
the facility is situated.
(c) Davis-Bacon Application.--All laborers and mechanics employed
by contractors or subcontractors on all construction, remodeling,
renovation, or alteration projects assisted under this part shall be
paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-
5).
(d) Grants.--Any Federal assistance for construction shall be in
the form of grants, and shall not be paid to other than public or
private nonprofit agencies and organizations. Not more than 15 percent
of the total financial assistance provided to a prime sponsor under
this part shall be used for construction of facilities.
SEC. 108. USE OF PUBLIC FACILITIES FOR CHILD DEVELOPMENT PROGRAMS.
(a) Report.--The Secretary, after consultation with other
appropriate officials of the Federal Government, shall within sixteen
months after enactment of this title report to the Congress with
respect to the extent to which facilities owned or leased by Federal
departments, agencies, and independent authorities could be made
available to public and private nonprofit agencies and
organizations, through appropriate arrangements, for use as facilities
for early childhood education programs under this title during times
and periods when not utilized fully for their usual purposes, together
with his/her recommendations (including recommendations for changes in
legislation) or proposed actions for such use.
(b) Review.--The Secretary may require, as a condition to the
receipt of assistance under this title, that any prime sponsor under
this title agree to conduct a review and provide the Secretary with a
report as to the extent to which facilities owned or leased by such
prime sponsor, or by other agencies in the prime sponsorship area,
could be made available, through appropriate arrangements, for use as
facilities for early childhood education programs under this title,
during times and periods when not utilized for their usual purposes,
together with the prime sponsor's proposed actions for such use.
SEC. 109. PAYMENTS.
(a) Federal Share.--In accordance with this section, the Secretary
shall pay from the applicable allocation or apportionment under section
4 the Federal share of the costs of programs, services, and activities,
in accordance with plans or applications which have been approved as
provided in this part.
(b) Payment.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall pay an amount not in excess of 90
percent of the cost of carrying out programs, services, and
activities under this part. The Secretary may, in accordance
with such regulations prescribed by the Secretary, approve
assistance in excess of such percentage if the Secretary
determines that such action is required to provide adequately
for the early childhood education needs of economically
disadvantaged children.
(2) Children of migrant agricultural workers.--The
Secretary shall pay an amount equal to 100 percent of the costs
of providing early childhood education programs for children of
migrant agricultural workers and their families under this
title.
(3) Indian children.--The Secretary shall pay an amount
equal to 100 percent of the costs of providing early childhood
education programs for children on Federal or State Indian
reservations under this title.
(4) Native hawaiian children.--The Secretary shall pay an
amount equal to 100 percent of the costs of providing early
childhood education programs for Native Hawaiian children under
this title.
(c) Non-Federal Share.--The non-Federal share of the costs of
programs, services, and activities assisted under this part may be
provided through public or private funds and may be in the form of
cash, goods, services, or facilities (or portions thereof that area
used for program purposes), reasonably evaluated, and employee and
employer contributions.
(d) Fees.--Fees collected for services pursuant to section
105(a)(8) shall be deemed financial assistance for purposes of section
104(a)(3).
(e) Express Amounts.--If, with respect to any fiscal year, a prime
sponsor or project applicant provides non-Federal contributions for any
program, service, or activity exceeding its requirements, such excess
may be applied toward meeting the requirements for such contributions
for the subsequent fiscal year under this part.
(f) No Reduction of Funds.--No State or locality shall reduce its
expenditures for early childhood education or child care programs by
reason of assistance under this part.
TITLE II--TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND EVALUATION
SEC. 201. PRESERVICE AND INSERVICE TRAINING.
The Secretary is authorized to make payments to provide financial
assistance to enable individuals employed or preparing for employment
in early childhood education program assisted under this Act, including
volunteers, to participate in programs of preservice or inservice
training for professional and nonprofessional personnel, to be
conducted by any agency carrying out an early childhood education
program, or any institution of higher education, including a community
college, or by any combination thereof.
SEC. 202. TECHNICAL ASSISTANCE AND PLANNING.
The Secretary shall, directly or through grant or contract, make
technical assistance available to prime sponsors and to project
applicants participating or seeking to participate in programs assisted
under this title on a continuing basis to assist them in planning,
developing, and carrying out early childhood education programs.
SEC. 203. EVALUATION.
(a) Evaluation.--The Secretary shall make an evaluation of Federal
involvement in early childhood education activities and services, which
shall include--
(1) enumeration and description of all Federal activities
which affect early childhood education;
(2) analysis of expenditures of Federal funds for such
activities and services;
(3) determination of the effectiveness of such activities
and services;
(4) the extent to which preschool, minority group, and
economically disadvantaged children and their parents have
participated in programs under this title; and
(5) such recommendations to Congress as the Secretary may
deem appropriate.
(b) Report.--The results of the evaluation required by subsection
(a) of this section shall be reported to Congress not later than two
years after enactment of this title.
(c) Evaluation.--The Secretary shall establish such procedures as
may be necessary to conduct an annual evaluation of Federal involvement
in early childhood education programs, and shall report the results of
each such evaluation to Congress.
(d) Availability of Information.--Prime sponsors and project
applicants assisted under this Act and departments and agencies of the
Federal Government shall, upon request by the Secretary, make
available, consistent with other provisions of law, such information
as the Secretary determines is necessary for purposes of making the
evaluation required under subsection (c) of this section.
(e) Contracts.--The Secretary may enter into contracts with public
or private agencies, organizations, or individuals to carry out the
provisions of this section.
(f) Reservation.--The Secretary shall reserve for the purposes of
this section not less than 1 percent, and may reserve for such purposes
not more than 2 percent, of the amounts available under paragraphs (2)
and (3) of section 5(a) of this Act for any fiscal year.
SEC. 204. FEDERAL STANDARDS FOR EARLY CHILDHOOD EDUCATION SERVICES.
(a) Program Standards.--The Secretary shall, after consultation
with other Federal agencies and with the Committee established pursuant
to subsection (c) of this section, promulgate a common set of program
standards which shall be applicable to all programs providing early
childhood education services with Federal assistance under this Act, to
be known as the Federal Standards for Early Childhood Education. If the
Secretary disapproves the Committee's recommendations, the Secretary
shall state the reasons therefor.
(b) Committee Appointments.--The Secretary shall, within sixty days
after enactment of this title, appoint a Special Committee on Federal
Standards for Early Childhood Education, which shall included parents
of children enrolled in early childhood education programs,
representatives of public and private agencies administering early
childhood education programs, and organization specialists, and others
interested in the development of children. Not less than one-half of
the membership of the Committee shall consist of parents of children
participating in programs conducted under title I of this Act. Such
Committee shall participate in the development of Federal Standards for
Early Childhood Education and modifications thereof as provided in
subsection (a).
SEC. 205. DEVELOPMENT OF UNIFORM MINIMUM CODE FOR FACILITIES.
(a) Uniform Minimum Code.--The Secretary shall, within sixty days
after enactment of this bill appoint a special committee to develop a
uniform minimum code for facilities, to be used in licensing early
childhood education facilities. Such standards shall deal principally
with those matters essential to the health, safety, and physical
comfort of the children and the relationship of such matters to the
Federal Standards for Early Childhood Education.
(b) Membership.--The special committee appointed under this section
shall include parents of children participating in child development
programs and representatives of State and local licensing agencies,
public health officials, fire prevention officials, the construction
industry and unions, public and private agencies or organizations
administering early childhood education programs, and national agencies
or organizations interested in the development of children. Not less
than one-third of the membership of the committee shall consist of
parents of children enrolled in such programs.
(c) Public Hearings.--Within one year after its appointment, the
special committee shall complete a proposed uniform minimum code for
facilities and shall hold public hearings on the proposed code prior to
submitting its final recommendation to the Secretary for approval.
(d) Promulgation of Standards.--After considering the
recommendations submitted by the special committee in accordance with
subsection (c), the Secretary shall promulgate standards which shall be
applicable to all facilities receiving Federal financial assistance
under this Act or in which programs receiving Federal financial
assistance under this Act are operated. If the Secretary disapproves
the committee's recommendations, the Secretary shall state the reasons
therefor. The Secretary shall also distribute such standards and urge
their adoption by States and local governments. The Secretary may from
time to time modify the uniform code for facilities in accordance with
procedures set forth in this section.
TITLE III--MODEL FEDERAL GOVERNMENT EARLY CHILDHOOD EDUCATION PROGRAMS
SEC. 301. PROGRAM AUTHORIZED.
(a) Model Programs.--The Secretary is authorized to provide
financial assistance for the purpose of establishing and operating
model early childhood education programs (including the lease, rental,
or construction of necessary facilities and the acquisition of
necessary equipment and supplies) for the children of civilian
employees of the Federal Government.
(b) Agency Committee.--Civilian employees of any Federal agency or
group of such agencies employing eighty working parents of young
children who desire to participate in a program eligible for assistance
under this part shall--
(1) designate or create for such purpose an agency
committee, the membership of which shall be broadly
representative of the working parents interested in utilizing
these services who are employed by the agency or agencies; and
(2) submit to the Secretary a plan approved by the official
in charge of such agency or agencies, which--
(A) provides that the early childhood education
program shall be administered under the direction of
the agency committee;
(B) provides that the program will meet the Federal
Standards for Early Childhood Education approved
pursuant to section 204 and the uniform minimum code
for facilities approved pursuant to section 205.
(C) provides a means of determining priority of
eligibility among parents wishing to use the service
program;
(D) provides for a scale of fees based upon the
parents' financial status; and
(E) provides for competent management, staffing,
and facilities for such program.
(c) Official Plan Approval.--The Secretary shall not make payments
under this section unless the Secretary has received approval of the
plan from the official in charge of the agency whose employees will be
served by the early childhood education program.
SEC. 302. PAYMENTS.
(a) In General.--Not more than 80 percent of the total cost of the
early childhood education program under this part shall be paid from
Federal funds available under this title.
(b) Public or Private Funds.--The share of the total cost not
available under paragraph (a) may be provided through public or private
funds and may be in the form of cash, goods, services, or facilities
(or portions thereof that are used for program purposes), reasonable
evaluated, fees collected from parents, and union and employer
contributions.
(c) Excess Amounts.--If, with respect to any fiscal year, a program
under this part provides contributions exceeding its requirements under
this section, such excess may be used to meet the requirements of such
contributions for the subsequent fiscal year.
TITLE IV--RESEARCH AND DEMONSTRATIONS
SEC. 401. DECLARATION OF PURPOSES.
The purposes of this part are to focus national research efforts to
attain a fuller understanding of the process of early child development
and the effects of organized programs upon these processes; to develop
effective programs for research into child development; and to assure
that the result of research and development efforts are reflected in
the conduct of programs affecting children through the improvement and
expansion of early childhood education and related programs.
SEC. 402. RESEARCH AND DEMONSTRATION PROJECTS.
(a) Research and Demonstration Projects.--In order to further the
purposes of this part, the Secretary shall carry out a program of
research and demonstration projects, which shall include but not be
limited to--
(1) research to determine the nature of child development
processes and the impact of various influences upon them, to
develop techniques to measure and evaluate child development,
to develop standards to evaluate professional and
paraprofessional early childhood education personnel, to
determine how early childhood development and education and
related programs conducted in either home or institutional
settings affect child development processes;
(2) research to test alternative methods of providing early
childhood education and related services, and to develop and
test innovative approaches to achieve maximum development of
children and programs for training adolescent youth in child
development;
(3) evaluation of research findings and the development of
these findings and the effective application thereof; and
(4) dissemination and application of research and
development efforts and demonstration projects to early
childhood education and related programs, using regional
demonstration centers and advisory services where feasible.
(b) Authority.--In order to carry out the program provided for in
subsection (a), the Secretary is authorized to make grants to or enter
into contracts or other arrangements with public or private nonprofit
agencies (including other Government agencies), organizations, and
institutions, and to enter into contracts with private agencies,
organizations, institutions, and individuals.
SEC. 403. COORDINATION OF RESEARCH.
(a) Fund Transfers.--Funds available to any Federal department or
agency for the purposes stated in section 401 or the activities stated
in section 402(a) shall be available for transfer, with the approval of
the head of the department or agency involved, in whole or in part, to
the Secretary for such use as is consistent with the purposes for which
such funds were provided, and the funds so transferred shall be
expendable by the Secretary for the purpose for which the transfer was
made.
(b) Coordination.--The Secretary shall coordinate all early
childhood education research, training, and development efforts
conducted with the Federal Government and, to the extent feasible, by
other agencies, organizations, and individuals.
(c) Annual Meetings.--Representatives from the National Institute
for Early Childhood Development, the Federal agencies administering the
Social Security Act and the Elementary and Secondary Education Act, the
Department of Health and Human Services Administration for Children and
Families, the Department of Labor, and other appropriate agencies,
shall meet at least annually and at such more frequent times as they
may deem necessary, in order to assure coordination of child
development and early childhood education and related activities under
their respective jurisdictions and to carry out the provisions of this
title so as to assure--
(1) maximum utilization of available resources through the
prevention of duplication of activities;
(2) a division of labor, insofar as is compatible with the
purposes of each of the agencies or authorities specified in
this paragraph, to assure maximum progress toward the
achievement of the purposes of this title; and
(3) recommendation of priorities for federally funded
research and development activities related to the purposes of
this title and those stated in section 3.
TITLE V--GENERAL PROVISIONS
SEC. 501. DEFINITIONS.
As used in this Act, the term--
(1) ``children'' means individuals who have not attained
the age of 8;
(2) ``children with disabilities'' any such child as
defined in section 602 of the Individuals With Disabilities
Education Act;
(3) ``early childhood education programs'' means programs
provided on a full-day basis which provide the educational,
nutritional, social, medical, psychological, and physical
services needed for young children to attain their full
potential;
(4) ``economically disadvantaged children'' means any child
of a family having an annual income below the lower living
standards budget (adjusted for regional and metropolitan,
urban, and rural differences, and family size), as determined
annually by the Bureau of Labor Statistics of the Department of
Labor;
(5) ``institution of higher education'' means any such
institution as defined in section 1201 of the Higher Education
Act of 1965.
(6) ``limited English proficiency'' means such individual
as defined in section 7003(a) of the Bilingual Education Act.
(7) ``local educational agency'' means any such agency as
defined in section 1471 of the Elementary and Secondary
Education Act of 1965;
(8) ``locality'' means any city or other municipality or
any county or other political subdivision of a State having
general governmental powers, or any combination thereof;
(9) ``minority group'' means persons who are African-
American, Native American, Alaskan Native, Native Hawaiian,
Hispanic American, Asian American, Pacific Island American,
Arab Americans, Persian Americans and, as determined by the
Secretary, or children who are from environments in which a
dominant language is other than English.
(10) ``parent'' means any person who has day-to-day
parental responsibility for any child;
(11) ``program'' includes any program, service, or
activity, which is conducted full or part-time, day or night,
in early childhood education facilities, in schools, in
neighborhood centers, or in homes, or which provides early
childhood education for children whose parents are working or
receiving education or training;
(12) ``Secretary'' means the Secretary of Education;
(13) ``single parent'' means any person who has sole day-
to-day responsibility for any child;
(14) ``State'' means each of the fifty States, the District
of Columbia, and the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau); and
(15) ``working mother'' means any mother who requires child
care services under this Act in order to undertake or continue
full or part-time work, training, or education outside the
home.
SEC. 502. NUTRITION SERVICES.
In accordance with the purposes of this Act, the Secretary of
Education shall establish procedures to assure that adequate nutrition
services will be provided in early childhood education programs under
this Act. Such services shall make use of the Special Food Services
Program for children as defined under the National School Lunch Act of
1946 and the Child Nutrition Act of 1966 to the fullest extent
appropriate and consistent with the provisions of such Acts.
SEC. 503. SPECIAL PROVISIONS.
(a) General Authority.--The Secretary may make such grants,
contracts, or agreements, establish such procedures, policies, rules,
and regulations, and make such payments, in installments and in advance
or by way of reimbursement, or otherwise allocate or expend funds made
available under this title, including necessary adjustments in payments
on account of overpayment or underpayment. Subject to the provisions of
section 504, the Secretary may also withhold funds otherwise payable
under this Act 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 assistance under this title.
(b) Regulations.--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.
(c) Prohibition on Discrimination.--The Secretary shall not provide
financial assistance for any program under this Act unless the grant,
contract, or agreement with respect thereto specifically provides that
no person with responsibilities in the operation of such program will
discriminate with respect to any program participant or any applicant
for participation in such program because of race, creed, color,
national origin, sex, sexual orientation, political affiliation, or
beliefs.
(d) Prohibition on Political Activities.--The Secretary shall not
provide financial assistance for any program under this Act which
involves political activities; and neither the program, the funds
provided therefor, nor personnel employed in the administration
thereof, shall be, in any way or to any extent, engaged in the conduct
of political activities.
(e) Prohibition on Sectarian Instruction.--The Secretary shall not
provide financial assistance for any program under this Act unless the
Secretary determines that no funds will be used for, and no person will
be employed under the program on, the construction, operation, or
maintenance of so much of any facility as is for use for sectarian
instruction or as a place for religious worship.
(f) Prohibition on Medical or Psychological Examination.--A child
participating in a program assisted under this Act shall not be
required to undergo medical or psychological examination (except to the
extent related to learning ability), or treatment, if the child's
parent or guardian objects thereto.
SEC. 504. WITHHOLDING OF GRANTS.
Whenever the Secretary, after reasonable notice and opportunity for
a hearing to any prime sponsor or project applicant, finds--
(1) that there has been a failure to comply substantially
with any requirement set forth in the plan of any such prime
sponsor approved under section 104;
(2) that there has been a failure to comply substantially
with any requirement set forth in the application of any such
project applicant approved pursuant section 105; or
(3) that in the operation of any program or project carried
out by any such prime sponsor or project applicant under this
Act there is a failure to comply substantially with any
applicable provision of this Act or regulation promulgated
thereunder; the Secretary shall notify such prime sponsor or
project applicant of his/her findings and that no further
payments may be made to such sponsor or applicant under this
Act 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 project assisted
under this Act which is being carried out pursuant to such plan
or application and which is not involved in the noncompliance.
SEC. 505. PUBLIC INFORMATION.
(a) Public Access.--Applications for designation as prime sponsors,
comprehensive early childhood education plans, project applications,
and all written material pertaining thereto shall be made readily
available without charge on the public by the prime sponsor, the
applicant, and the Secretary.
(b) No Experimentation.--The Secretary is directed to establish
appropriate procedures to ensure that no child shall be the subject of
any research or experimentation under this Act other than routine
testing and normal program evaluation unless the parent or guardian of
such child is informed of such research or experimentation and is given
an opportunity as of right to except such child therefrom.
(c) Construction.--Nothing in this Act shall be construed or
applied in such a manner as to infringe upon or usurp the moral and
legal rights and responsibilities of parents or guardians with respect
to the moral, mental, emotional, or physical development of their
children. Nor shall any section of this Act be construed or applied in
such a manner as to permit any invasion of privacy otherwise protected
by law, or to abridge any legal remedies for any such invasion which is
otherwise provided by law.
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