[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1429 Placed on Calendar Senate (PCS)]
Calendar No. 137
110th CONGRESS
1st Session
H. R. 1429
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2007
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To reauthorize the Head Start Act, to improve program quality, to
expand access, 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.
(a) Short Title.--This Act may be cited as the ``Improving Head
Start Act of 2007''.
(b) Sense of the Congress.--The Congress--
(1) finds that--
(A) while the steady economic growth and low
inflation in the United States has yielded
unprecedented prosperity, many children and families in
this country have not benefited from this prosperity
and continue to be socioeconomically disadvantaged,
(B) many community- and faith-based organizations
have expertise in moving individuals and families from
dependency to self-sufficiency by providing families
with the tools and skills they need to participate in
the community and contribute to our economy,
(C) the Head Start Act was established to help
prepare low-income young children to succeed in school
and in life by addressing the needs of the whole child
and providing comprehensive services such as health and
nutrition,
(D) research confirms that children who attend Head
Start programs enter school better prepared than low-
income children who do not attend the program, are less
likely to need special education services, to repeat a
grade, or commit crimes in adolescence, and are more
likely to graduate from high school,
(E) community- and faith-based organizations have
participated in Head Start programs since the enactment
of the Head Start Act in 1965 and continue to serve
more than 90,000 children and their families,
(F) parents have an integral role in the
development and implementation of Head Start programs,
community- and faith-based providers of Head Start
services employ parents and encourage parents to
volunteer in the programs because parents are
children's most important and influential teachers,
(G) community- and faith-based providers of Head
Start services not only serve the needs of low-income
children and their families but enrich, strengthen and
reflect the diversity of the communities wherein they
reside, and
(H) the Head Start Act is a critical component of
America's civil rights platform, and community and
faith-based organizations have been leaders in the
civil rights movement in the United States,
(2) supports the continued role of community and faith-
based organizations in Head Start programs as providers of
comprehensive services to children, families, and communities,
and
(3) extends its gratitude to community- and faith-based
organizations that provide Head Start services, and to the
employees and volunteers for their commitment to the education,
health, and economic well-being of low-income children and
families.
SEC. 2. STATEMENT OF PURPOSE.
Section 636 of the Head Start Act (42 U.S.C. 9831) is amended to
read as follows:
``SEC. 636. STATEMENT OF PURPOSE.
``It is the purpose of this subchapter to promote the school
readiness of low-income children--
``(1) by enhancing their cognitive, social, and emotional
development in a learning environment that supports children's
growth in language, literacy, mathematics, science, social and
emotional functioning, physical skills, and approaches to
learning; and
``(2) through the provision to low-income children and
their families of health, educational, nutritional, social, and
other services that are determined, based on family needs
assessments, to be necessary.''.
SEC. 3. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is amended--
(1) by redesignating paragraphs (16) and (17) as paragraphs
(23) and (24), respectively,
(2) by redesignating paragraph (15) as paragraph (21),
respectively,
(3) by redesignating paragraphs (11) through (14) as
paragraphs (16) through (19), respectively,
(4) by redesignating paragraph (10) as paragraph (14),
(5) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively,
(6) by inserting after paragraph (1) the following:
``(2) The term `deficiency' means--
``(A) systemic or significant material failure of a
Head Start agency in an area of performance that the
Secretary determines involves--
``(i) a threat to the health, safety, or
civil rights of children or staff;
``(ii) a denial to parents of the exercise
of their full roles and responsibilities
related to program governance;
``(iii) a failure to perform the
requirements of section 641A(a), as determined
by the Secretary;
``(iv) the misuse of funds received under
this subchapter;
``(v) loss of legal status (as determined
by the Secretary) or financial viability, loss
of permits, debarment from receiving Federal
grants or contracts, or the improper use of
Federal funds; or
``(vi) failure to meet any other of Federal
or State requirement; or
``(B) material failure of the board of directors of
a Head Start agency to meet its legal and fiduciary
responsibilities.'',
(7) by inserting after paragraph (10), as so redesignated
the following:
``(11) The term `homeless children' has the meaning given
such term in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)).
``(12) The term `homeless family' means the family of a
homeless child.
``(13) The term `inclusive classroom' means a Head Start
classroom that contains both children with disabilities and
children without disabilities.'',
(8) by inserting after paragraph (13), as so redesignated
the following:
``(14) The terms `limited English proficient' and `limited
English proficiency' mean with respect to an individual, that
such individual--
``(A)(i) was not born in the United States or has a
native language that is not English;
``(ii)(I) is a Native American, an Alaska Native,
or a native resident of a territory or possession of
the United States; and
``(II) comes from an environment in which a
language that is not English has had a significant
impact on such individual's level of English language
proficiency; or
``(iii) is migratory, has a native language that is
not English, and comes from an environment in which a
language that is not English is dominant; and
``(B) has difficulty in speaking or understanding
the English language to an extent that may be
sufficient to prevent such individual from--
``(i) successful achievement in classrooms
in which the language of instruction is
English; or
``(ii) fully participating in society.'',
(9) by inserting after paragraph (18), as so redesignated
the following:
``(19) The term `professional development' means high
quality activities that will improve the knowledge and skills
of Head Start teachers and staff, as relevant to their roles
and functions, in program administration and the provision of
services and instruction, as appropriate, in a manner that
improves service delivery to eligible children and families,
including activities that--
``(A) are part of a sustained effort to improve
overall program quality and outcomes for eligible
children and families;
``(B) are developed or selected with extensive
participation of administrators and teachers from Head
Start programs;
``(C) are developmentally appropriate for the
children being served;
``(D) include instruction in ways that Head Start
personnel may work more effectively with parents, as
appropriate;
``(E) are designed to give teachers and staff the
knowledge and skills to provide instruction and
appropriate support services to children of diverse
backgrounds, as appropriate;
``(F) if a 1-day or short-term workshop or
conference, must be as part of the professional
development plan defined in section 648A(f) and be
delivered by an institution of higher education or
other entity with expertise in delivering training in
early childhood development, family support, and other
assistance designed to improve the delivery of Head
Start services;
``(G) assist teachers with--
``(i) the acquisition of the content
knowledge and teaching strategies needed to
provide effective instruction and other school
readiness services in early language and
literacy, early mathematics, early science,
cognitive skills, approaches to learning,
creative arts, science, physical health and
development, and social and emotional
development linked to school readiness;
``(ii) meeting the requirements in
paragraphs (1) and (2) of section 648A(a), as
appropriate;
``(iii) improving classroom management
skills, as appropriate;
``(iv) advancing understanding of effective
instructional strategies that are--
``(I) based on scientifically based
research; and
``(II) aligned with--
``(aa) the Head Start Child
Outcomes Framework developed by
the Secretary and State early
learning standards, as
appropriate; and
``(bb) the curricula,
ongoing assessments, and other
instruction and services
designed to help meet the
standards described in section
641A(a)(1);
``(v) acquiring the knowledge and skills to
provide instruction and appropriate language
and support services to increase the English
language skills of limited English proficient
children, as appropriate; or
``(vi) methods of teaching children with
disabilities, as appropriate.'',
(10) by inserting after paragraph (20), as so redesignated,
the following:
``(21) The term `scientifically based research'--
``(A) means research that involves the application
of rigorous, systematic and objective procedures to
obtain reliable and valid knowledge relevant to
education activities and programs; and
``(B) includes research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide reliable and
valid data across evaluators and observers,
across multiple measurements and observations,
and across studies by the same or different
investigators;
``(iv) is evaluated using experimental or
quasi-experimental designs in which
individuals, entities, programs or activities
are assigned to different conditions and with
appropriate controls to evaluate the effects of
the condition of interest, with a preference
for random assignment experiments, or other
designs to the extent that those designs
contain within-condition or across-condition
controls;
``(v) ensures that experimental studies are
presented in sufficient detail and clarity to
allow for replication or, at a minimum, offer
the opportunity to build systematically on
their findings; and
``(vi) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.'', and
(11) by amending paragraph (23), as so redesignated, to
read as follows:
``(23) The term `State' means a State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, American Samoa,
the Virgin Islands of the United States, the Commonwealth of
the Northern Mariana Islands, and the Republic of Palau.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to
read as follows:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subchapter $7,350,000,000 for fiscal year 2008 and such sums
as may be necessary for fiscal years 2009 through 2012.
``(b) Specific Programs.--From the amount appropriated under
subsection (a), the Secretary shall make available to carry out
research, demonstration, and evaluation activities (including
longitudinal studies under section 649) not more than $20,000,000 for
fiscal year 2008 and such sums as may be necessary for each of the
fiscal years 2009 through 2012, of which not more than $7,000,000 for
each of the fiscal years 2008 through 2012 shall be available to carry
out impact studies under section 649(g).''.
SEC. 5. ALLOTMENT OF FUNDS; LIMITATION ON ASSISTANCE.
(a) Allotment of Funds.--Section 640(a) of the Head Start Act (42
U.S.C. 9835(a)) is amended to read as follows:
``(a) Allotment of Funds.--
``(1) In general.--Of the funds appropriated under section
639, the Secretary shall allot such amounts in accordance with
paragraphs (2) through (4), and subject to paragraphs (5) and
(6).
``(2) Thirteen percent set-aside.--The Secretary shall
reserve 13 percent of the amount appropriated for each fiscal
year for use in accordance with the following order of
priorities:
``(A) Special populations.--For Indian Head Start
programs, services for children with disabilities, and
migrant and seasonal Head Start programs, except that--
``(i) there shall be made available for
each fiscal year for use by Indian Head Start
programs and by migrant and seasonal Head Start
programs, on a nationwide basis, not less than
the amount that was obligated for use by Indian
Head Start programs and by migrant and seasonal
Head Start programs for fiscal year 2007;
``(ii) migrant and seasonal Head Start
programs shall receive not less than 5 percent
of the amount appropriated for each fiscal year
until such time as the Secretary can make
funding decisions to ensure access to funding
for eligible children of migrant and seasonal
farmworkers is comparable to access to funding
for other eligible children based on the data
collected and reported pursuant to section
648(l), except that no future reduction in
funding shall result in the termination of Head
Start services provided to any eligible child 3
years of age or older who is participating in
any such program on the date a reduction in
funding occurs, and shall, to the extent
possible, continue participation for children
less than 3 years of age receiving services
before such reduction in funding; and
``(iii) Indian Head Start programs shall
receive not less than 3.5 percent of the amount
appropriated for each fiscal year until such
time as the Secretary can make funding
decisions to ensure access to funding for
eligible Indian children is comparable to
access to funding for other eligible children
based on the data collected in accordance with
the requirements of section 648(k), except that
no future reduction in funding shall result in
the termination of Head Start services provided
to any eligible child 3 years of age or older
who is participating in any such program on the
date a reduction in funding occurs, and shall,
to the extent possible, continue participation
for children less than 3 years of age receiving
services before such reduction in funding.
``(B) Payments to territories and freely associated
states.--Subject to paragraph (7), for payments to
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Virgin Islands of the United
States, and the Republic of Palau, except that payments
to the Republic of Palau shall not be made after fiscal
year 2009.
``(C) Training and technical assistance.--Not less
than 2 percent of the amount appropriated for such
fiscal year for training and technical assistance
activities to foster program quality and management
improvement as described in section 648, of which--
``(i) not less than 50 percent shall be
available to local Head Start agencies to make
program improvements identified by such
agencies to use for the training and technical
assistance activities described in section
648(j);
``(ii) not less than 30 percent shall be
available to the Secretary to support a State-
based system or a national system, in the case
of migrant and seasonal Head Start and Indian
Head Start programs, of early childhood
education training and technical assistance to
local Head Start agencies as described in
section 648(n); and
``(iii) the remainder of such amount shall
be available to the Secretary to assist local
Head Start agencies in meeting and exceeding
the standards described in section 641A(a)(1),
including financial assistance to help Head
Start programs address weaknesses identified by
monitoring activities conducted by the
Secretary under section 641A(c), except that--
``(I) not less than $3,000,000
shall be available to carry out the
activities described in section
648(c)(4); and
``(II) no more than $5,000,000
shall be reserved to carry out the
activities described in section
642B(b).
``(D) Monitoring and terminations.--For
discretionary payments made by the Secretary, including
payments for all costs (other than compensation of
Federal employees) of reviews of Head Start agencies,
programs under section 641A(c), and of activities
carried out under paragraph (1), (2), or (3) of section
641A(d) related to correcting deficiencies and
conducting proceedings to terminate the designation of
Head Start agencies.
``(E) Research.--For payments for research,
demonstration, and evaluation activities under section
649.
No funds reserved under this paragraph or paragraph (3) may be
combined with funds appropriated under any other Act if the
purpose of combining funds is to make a single discretionary
grant or a single discretionary payment, unless such funds
appropriated under this subchapter are separately identified in
such grant or payment and are used for the purposes of this
subchapter.
``(3) Quality improvement funds.--
``(A) Determination of funds.--
``(i) For each of the fiscal years 2008
through 2012, to provide assistance for
activities specified in subparagraph (B), the
Secretary shall reserve, from the amount (if
any) by which the funds appropriated under
section 639(a) for a fiscal year exceed the
adjusted prior year appropriation, a share
equal to the sum of--
``(I) 60 percent of such excess
amount; and
``(II) any additional part of such
excess amount the Secretary may find
necessary to address a demonstrated
need for such activities.
``(ii) As used in clause (i), the term
`adjusted prior year appropriation' means, with
respect to a fiscal year, the amount
appropriated under section 639(a) for the
preceding fiscal year, adjusted to reflect the
percentage change in the Consumer Price Index
for All Urban Consumers (issued by the Bureau
of Labor Statistics) during such preceding
fiscal year.
``(B) Quality improvement activities.--Funds
reserved under this paragraph shall be used to carry
out the following activities:
``(i) Not less than one-fourth of the
amount reserved under this paragraph, to
improve the compensation, salary scales, and
benefit standards of educational staff, family
service workers, and child counselors, as
described in sections 644(a) and 653, to ensure
that salary levels and benefits are adequate to
attract and retain qualified staff for such
programs.
``(ii) Providing on-going professional
development to teachers that improves their
understanding of child development, content
knowledge, and appropriate teaching strategies
needed to provide effective instruction and
other school readiness services in the areas of
early language and literacy, early mathematics,
cognitive skills, approaches to learning,
creative arts, science, physical health and
development, and social and emotional
development.
``(iii) Improving the qualifications and
skills of educational personnel to meet the
professional standards established under
section 648A(a)(1), including providing
assistance to complete postsecondary course
work, subject to section 648A(a)(2)(D).
``(iv) Ensuring that the physical
environments of Head Start programs are
conducive to providing effective program
services to children and families, and are
accessible to children with disabilities and
other individuals with disabilities.
``(v) Employing additional qualified
classroom staff necessary to reduce the child
to teacher ratio in the classroom and family to
staff ratio for family services workers.
``(vi) Ensuring that such programs have
qualified staff that can promote language
skills and literacy growth of children and that
can provide children with a variety of skills
that have been identified, through
scientifically based reading research, as
predictive of later reading achievement.
``(vii) Increasing hours of program
operation, including--
``(I) conversion of part-day to
full-day; and
``(II) number of weeks operated in
a calendar year.
``(viii) Improving the compensation and
benefits of staff of Head Start agencies in
order to improve the quality of Head Start
programs.
``(ix) Transportation costs associated with
transporting Head Start children safely, except
that--
``(I) no more than ten percent of
funds under this paragraph may be used
for such purposes;
``(II) a Head Start agency shall
demonstrate efforts to leverage the
costs of transportation through
collaboration with other entities; and
``(III) a Head Start agency shall
submit information to the Secretary
describing how such use of funds is
necessary to prevent reduction or
termination of transportation services
or, in the case of a Head Start agency
serving a rural community, how such use
of funds is necessary to improve
services to such community.
``(C) Allocation.--
``(i) Funds reserved under subparagraph (A)
shall be allotted by the Secretary as follows:
``(I) 80 percent of such funds
shall be allotted among the States in
the same proportion as the Secretary
allots funds among the States under
paragraph (4) for the respective fiscal
year.
``(II) 20 percent of such funds
shall be allotted among the States,
geographical areas specified in
subsection (a)(2)(B) and Indian Head
Start programs and migrant and seasonal
Head Start programs, and used to make
grants to Head Start agencies, at the
discretion of the Secretary.
``(ii) Funds allotted under clause (i)
shall be used by the Secretary to make grants
to Head Start agencies that receive grants from
funds allotted under paragraph (4) for such
fiscal year, in such amounts as the Secretary
considers to be appropriate, for expenditure
for activities specified in subparagraph (B).
``(iii) Funds received under this
subparagraph shall be used to supplement, not
to supplant, funds received under paragraph (2)
or (4).
``(4) Grant distribution.--Subject to section 639(b), the
Secretary shall allot the remaining amounts appropriated in
each fiscal year among the States, in accordance with latest
satisfactory data so that--
``(A) each State receives an amount which is equal
to the amount the State received for fiscal year 2007;
and
``(B) any amount available after all allotments are
made under subparagraph (A) for such fiscal year shall
be distributed proportionately on the basis of the
number of children less than 5 years of age from
families whose income is below the poverty line.
For purposes of this paragraph, for each fiscal year the
Secretary shall use the most recent data available on the
number of children less than 5 years of age from families whose
income is below the poverty line, as published by the
Department of Commerce, unless the Secretary and the Secretary
of Commerce determine that use of the most recent data
available would be inappropriate or unreliable. If the
Secretary and the Secretary of Commerce determine that some or
all of the data referred to in this paragraph are inappropriate
or unreliable, the Secretaries shall issue a report setting
forth their reasons in detail.
``(5) Collaboration grants.--
``(A) From amounts reserved and allotted under
paragraph (4), the Secretary shall award the
collaboration grants described in subparagraphs (B),
(C), and (D).
``(B)(i) From the reserved sums, the Secretary
shall award upon submission of a written request, a
collaboration grant to each State and to each national
administrative office serving Indian Head Start
programs and migrant and seasonal Head Start programs
to facilitate collaboration between Head Start agencies
and entities (including the State or national
administrative office) that carry out other activities
designed to benefit low-income families and children
from birth to school entry. The national administrative
offices shall use the funds made available through the
grants to carry out the authorities and
responsibilities described in subparagraphs (B) and
(C).
``(ii) Grants described in clause (i) shall be used
to--
``(I) assist Head Start agencies to
collaborate with entities involved in State and
local planning processes to better meet the
needs of low-income families and children from
birth to school entry;
``(II) assist Head Start agencies to
coordinate activities with the State agency
responsible for administering the State program
carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) and entities providing resource
and referral services in the State, to make
full-working-day and full calendar year
services available to children;
``(III) promote alignment of Head Start
curricula and continuity of services with the
Head Start Child Outcomes Framework and State
early learning standards, as appropriate;
``(IV) promote better linkages between Head
Start agencies and other child and family
agencies, including agencies that provide
health, mental health, or family services, or
other child or family supportive services, such
as services provided under section 619 or part
C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.);
and
``(V) carry out the activities of the State
Director of Head Start Collaboration authorized
in subparagraph (D).
``(C) In order to improve coordination and delivery
of early education services to children in the State, a
State that receives a collaboration grant under
subparagraph (B) shall--
``(i) appoint or designate an individual to
serve as, or carry out the responsibilities of,
the State Director of Head Start Collaboration;
``(ii) ensure that the State Director of
Head Start Collaboration holds a position with
sufficient authority and access to ensure that
the collaboration described in subparagraph (B)
is effective and involves a range of State
agencies; and
``(iii) involve the State Head Start
Association in the selection of the Director
and involve the Association in determinations
relating to the ongoing direction of the
collaboration office.
``(D) The State Director of Head Start
Collaboration shall--
``(i) not later than 1 year after the State
receives a collaboration grant under
subparagraph (B), conduct an assessment that--
``(I) addresses the needs of Head
Start agencies in the State with
respect to collaboration, coordination,
and alignment of services, and
alignment of curricula and assessments
with the Head Start Child Outcomes
Framework, and with State early
learning standards, as appropriate;
``(II) shall be updated on an
annual basis; and
``(III) shall be made available to
the general public within the State;
``(ii) develop a strategic plan that is
based on the assessment described in clause (i)
that will--
``(I) enhance collaboration and
coordination of Head Start services
with other entities providing early
childhood programs and services (such
as child care or services offered by
museums), health care, mental health
care, welfare, child protective
services, education and community
service activities, family literacy
services, reading readiness programs
(including such programs offered by
public and school libraries), services
relating to children with disabilities,
other early childhood programs and
services for limited English proficient
children and homeless children, and
services provided for children in
foster care and children referred to
Head Start programs by child welfare
agencies, including agencies and State
officials responsible for such
services;
``(II) assist Head Start agencies
to develop a plan for the provision of
full-working-day, full calendar year
services for children enrolled in Head
Start programs who need such care;
``(III) assist Head Start agencies
to align curricula and assessments with
the Head Start Child Outcomes Framework
and to the State early learning
standards, as appropriate; and
``(IV) enable Head Start agencies
in the State to better access
professional development opportunities
for Head Start staff, such as by--
``(aa) working with local
Head Start agencies to meet the
degree requirements described
in section 648A(a)(2)(A),
including providing distance
learning opportunities for Head
Start staff, where needed to
make higher education more
accessible to Head Start staff;
and
``(bb) enabling the State
Head Start agencies to better
conduct outreach to eligible
families;
``(iii) promote partnerships between Head
Start agencies, State and local governments,
and the private sector to help ensure that
children, who are in Head Start programs, are
receiving comprehensive services to prepare the
children to enter school ready to succeed;
``(iv) consult with the chief State school
officer, local educational agencies, and
providers of early childhood education and
care, regarding early care and education
services at both the State and local levels;
``(v) promote partnerships between Head
Start agencies, schools, law enforcement,
relevant community-based organizations, and
substance abuse and mental health treatment
agencies to strengthen family and community
environments and to reduce the impact on child
development of substance abuse, child abuse,
domestic violence, and other high risk
behaviors that compromise healthy development;
``(vi) promote partnerships between Head
Start agencies and other organizations in order
to enhance Head Start program quality,
including partnerships to promote inclusion of
more books in Head Start classrooms;
``(vii) identify other resources and
organizations (both public and private) for the
provision of in-kind services to Head Start
agencies in the State; and
``(viii) work with the State Early Learning
Council in order to assist the efforts of Head
Start agencies to engage in effective
coordination and collaboration.
``(6) Early head start.--
``(A) Amounts reserved.--From amounts reserved and
allotted pursuant to paragraphs (2) and (4), the
Secretary shall use, for grants for programs described
in section 645A(a), a portion of the combined total of
such amounts that is not less than 12 percent for
fiscal year 2008, not less than 14 percent for fiscal
year 2009, not less than 16 percent for fiscal year
2010, not less than 18 percent for fiscal year 2011,
and not less than 20 percent for fiscal year 2012 of
the amount appropriated pursuant to section 639(a).
``(B) Limitations.--
``(i) For any fiscal year for which
the Secretary determines that the
amount appropriated under section
639(a) is not sufficient to permit the
Secretary to reserve the portion
described in subparagraph (A) without
reducing the number of children served
by Head Start programs or adversely
affecting the quality of Head Start
services, relative to the number of
children served and the quality of the
services during the preceding fiscal
year, the Secretary may reduce the
percentage of funds required to be
reserved for the portion described in
subparagraph (A) for the fiscal year
for which the determination is made,
but not below the percentage required
to be so reserved for the preceding
fiscal year.
``(ii) For any fiscal year for
which the amount appropriated under
section 639(a) is reduced to a level
that requires a lower amount to be made
available under this subchapter to Head
Start agencies and entities described
in section 645A, relative to the amount
made available to such agencies and
entities for the preceding fiscal year,
adjusted as described in paragraph
(3)(A)(ii), the Secretary shall
proportionately reduce--
``(I) the amounts made
available to such entities for
programs carried out under
section 645A; and
``(II) the amounts made
available to such Head Start
agencies for Head Start
programs.
``(7) For purposes of this subsection, the term `State'
does not include Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.''.
(b) Service Delivery Models.--Section 640(f) of the Head Start Act
(42 U.S.C. 9835(f)) is amended to read as follows:
``(f) Service Delivery Models.--
``(1) Not later than 1 year after the date of the enactment
of the Improving Head Start Act of 2007, the Secretary shall
establish procedures to enable Head Start agencies to develop
locally designed or specialized service delivery models to
address local community needs, including models that leverage
the existing capacity and capabilities of the delivery system
of early childhood education and child care.
``(2) In establishing the procedures, the Secretary shall
establish procedures to provide for--
``(A) the conversion of part-day programs to full-
day programs or part-day slots to full-day slots; and
``(B) serving additional infants and toddlers
pursuant to section 645(a)(4).''.
(c) Expansion of Head Start Programs.--Section 640(g) of the Head
Start Act (42 U.S.C. 9835(g)) is amended in paragraph (2)--
(1) by striking ``For the purpose of expanding Head Start
programs, in'' and inserting ``In'', and
(2) by amending subparagraphs (C) through (H) to read as
follows:
``(C) the extent to which the applicant has undertaken
community-wide strategic planning and needs assessments
involving other community organizations and local public
agencies serving children and families with Federal, State, or
local funds (including organizations and agencies providing
family support services, child abuse prevention services,
protective services, and foster care, and organizations serving
families in whose homes English is not the language customarily
spoken), and individuals, organizations, and public entities
serving children with disabilities or homeless children,
including the local educational agency liaison designated under
section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii));
``(D) the extent to which the family and community needs
assessment of the applicant reflects a need to provide full
working-day or full calendar year services and the extent to
which, and manner in which, the applicant demonstrates the
ability to collaborate and participate with the State and local
community providers of child care or preschool services to
provide full working-day full calendar year services;
``(E) the number of eligible children in each community who
are not participating in a Head Start program or any other
early childhood program;
``(F) the concentration of low-income families in each
community;
``(G) the extent to which the applicant proposes to foster
partnerships with other service providers in a manner that will
leverage the existing delivery systems of such services and
enhance the resource capacity of the applicant;
``(H) the extent to which the applicant, in providing
services, successfully coordinated its activities with the
local educational agency serving the community involved,
(including the local educational agency liaison 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 with schools
in which children participating in a Head Start program
operated by such agency will enroll following such program,
regarding such services and the education services provided by
such local educational agency; and
``(I) the amount of funds used by such agency to pay
administrative expenses and the amount of available funds
received by such agency under this section to service each
enrolled child.''.
(d) Enrollment.--Section 640(g) of the Head Start Act (42 U.S.C.
9835(g)) is amended by adding at the end the following:
``(5) In the event that the amounts appropriated to carry out the
program under this subchapter do not exceed the amount appropriated in
the prior fiscal year, or exceed the amount appropriated in the prior
fiscal year by an amount equal to less than the percentage change in
the Consumer Price Index For All Urban Consumers, as published by the
Bureau of Labor Statistics, Head Start grantees may negotiate with the
Secretary a reduced funded enrollment level without a reduction in the
grant amount if such grantee can demonstrate that such reduction is
necessary to maintain the quality of services.
``(A) In accordance with this paragraph, the Secretary
shall set up a process for grantees to negotiate the above-
mentioned reduced funded enrollment level.
``(B) Under the conditions detailed in this paragraph, the
Secretary shall be required to notify grantees of their right
to negotiate a reduced funded enrollment level if such grantee
can demonstrate that such reduction is necessary to maintain
the quality of services.''.
(e) Transportation Safety.--
(1) Regulations.--The Secretary shall issue regulations
establishing requirements for the safety features, and the safe
operation, of vehicles used by Head Start agencies to transport
children participating in Head Start programs.
(2) Good cause waiver authority.--The Secretary shall allow
Head Start agencies to annually request a good cause exception
to the requirements of regulations promulgated under paragraph
(1) for one or more vehicles used by the agency or its designee
in transporting children enrolled in a Head Start program or an
Early Head Start program if--
(A) such requirements would create a safety hazard
in the circumstances faced by such agency; or
(B) such requirements pertain to child restraint
systems (45 CFR 1310.11, 1310.15(a)) or bus monitors
(45 CFR 1310.15(c));
(C) the agency demonstrates that compliance with
such requirements will result in a significant
disruption to the Head Start program or the Early Head
Start program; and
(D) the waiver is in the best interest of the
children involved.
(f) Migrant and Seasonal Head Start Programs.--Section 640(l) of
the Head Start Act (42 U.S.C. 9835(l)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) In carrying out this subchapter, the Secretary shall continue
the administrative arrangement at the national level for meeting the
needs of Indian children and children of migrant and seasonal
farmworkers and shall ensure that appropriate funding is provided to
meet such needs, including training and technical assistance and the
appointment of a national migrant and seasonal Head Start collaboration
director and a national Indian Head Start collaboration director.'',
and
(2) by adding at the end the following:
``(4)(A) For the purposes of paragraph (3), the Secretary shall
conduct an annual consultation in each affected Head Start region, with
tribal governments operating Head Start programs and Early Head Start
programs.
``(B) The consultations shall be for the purpose of better meeting
the needs of Indian children and children of Alaskan Natives, and their
families, in accordance with subsections (a), (b), and (c) of section
641, taking into consideration funding allocations, distribution
formulas, and other issues affecting the delivery of Head Start
services in their geographic locations.
``(C) The Secretary shall publish a notification of the
consultations in the Federal Register before conducting the
consultations.
``(D) A detailed report of each consultation shall be prepared and
made available within 90 days of the annual consultation to all Indian
tribes that receive assistance under this subchapter.''.
(g) Enrollment of Homeless Children; Rule of Construction;
Materials.--Section 640 of the Head Start Act (42 U.S.C. 9835) is
amended by adding at the end the following:
``(m) Enrollment of Homeless Children.--The Secretary shall issue
rules to establish policies and procedures to remove barriers to the
enrollment and participation of homeless children in Head Start
programs. Such rules shall require Head Start agencies--
``(1) to implement policies and procedures to ensure that
homeless children are identified and prioritized for
enrollment;
``(2) to allow homeless families to apply to, enroll in and
attend Head Start programs while required documents, such as
proof of residency, immunization and other medical records,
birth certificates and other documents, are obtained within a
reasonable time frame; and
``(3) coordinate individual Head Start programs with
efforts to implement subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431-11435).
``(n) Rule of Construction.--Nothing in this subchapter shall be
construed to require a State to establish a program of early education
for children in the State, to require any child to participate in a
program of early education, to attend school, or to participate in any
initial screening before participating in such program, except as
provided under sections 612(a)(3) and 635(a)(5) of the Individuals with
Disabilities Education Act.
``(o) Materials.--All curricula and instructional materials funded
under this subchapter shall be based on scientifically based research,
age and developmentally appropriate, and focused on all areas of
development (cognitive, social, emotional, and physical), learning
(language and literacy, mathematics, science, and creative arts) and
approaches to learning. Parents shall be permitted to inspect, upon
request, any curricula or instructional materials used to carry out
this subchapter.''.
SEC. 6. DESIGNATION OF HEAD START AGENCIES.
Section 641 of the Head Start Act (42 U.S.C. 9836) is amended to
read as follows:
``SEC. 641. DESIGNATION OF HEAD START AGENCIES.
``(a) Authority To Designate.--The Secretary is authorized to
designate as a Head Start agency any local public or private nonprofit
agency, including community-based and faith-based organizations, or
for-profit agency, within a community, pursuant to the requirements of
this section, except that until such time that the Secretary develops
and implements the system of application review under this section, the
Secretary is authorized to designate as a Head Start agency, any local
public or private nonprofit agency, including community-based and
faith-based organizations, or for-profit agency, within a community, in
the manner and process utilized by the Secretary prior to the enactment
of the Improving Head Start Act of 2007.
``(b) Application for Grants.--Each entity shall submit a plan to
the Secretary, at such time and in such manner as the Secretary may
require.
``(c) Development of Application Review System.--
``(1) In general.--The Secretary shall develop a system
that integrates the recommendations of the expert panel
convened under paragraph (3) to determine if a Head Start
agency is providing a quality comprehensive early learning
program that meets the educational, health, and nutritional
needs of the children and families it serves, and meets program
and financial management requirements and performance standards
described in section 641A(a)(1), based on--
``(A) annual budget data;
``(B) program reviews conducted under section
641A(c);
``(C) annual audits required under section 647;
``(D) classroom quality as measured under section
641A(c)(2)(H); and
``(E) Program Information Report.
``(2) Expert panel.--No later than six months after the
enactment of the Improving Head Start Act of 2007, the
Secretary shall convene an expert panel of 7 members to make
recommendations to the Secretary on the development of a
transparent, reliable, and valid system for evaluating grant
renewal applications.
``(3) Composition of expert panel.--The Secretary, in
convening such panel, shall appoint the following:
``(A) Five members, who are competent, by virtue of
their training, expertise, and experience, in each of
at least one of the following areas:
``(i) Early childhood program accreditation
or quality assessment.
``(ii) Research on early childhood
development.
``(iii) Governance and finance of non-
profit organizations.
``(iv) Delivery of services to children and
families with limited English proficiency.
``(v) Delivery of services to children with
disabilities.
``(B) An employee from the Office of Head Start.
``(C) An executive director of a Head Start agency.
``(4) Expert panel report.--Within 12 months of being
convened by the Secretary, the expert panel shall issue a
report to the Secretary that provides recommendations on a
proposed system of application review that takes into account
the criteria in paragraph (1) to evaluate whether a Head Start
grantee is meeting its mission to provide a high quality
comprehensive early education program, including adequately
meeting its governance and financial management requirements.
``(5) Public comment; report to congress.--No later than 6
months after receiving the report described in paragraph (4),
the Secretary shall publish a proposed system of application
review in the Federal Register, providing at least 90 days for
public comment and shall provide a report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate that provides a detailed description of such proposed
system, including clear rationale for any differences between
the proposed system and the recommendations of the expert
panel, if any such differences exist.
``(6) Implementation of application review system.--After
the Secretary has reviewed all public comments and finalized
the system of application review, the Secretary will use this
system to determine which grantees are successfully delivering
a high quality comprehensive early education program. Grantees
who are determined under such system to be--
``(A) successfully delivering a high quality
comprehensive early education program shall be
designated a Head Start agency for a period of 5 years;
``(B) under-performing and may enter into an open
competition as described in subsection (e); and
``(C) notwithstanding paragraph (B), if an Indian
Head Start agency is determined to be underperforming,
the Secretary shall engage in government-to-government
consultation with the appropriate tribal government or
governments for the purpose of establishing a
performance enhancement plan for that agency. Such plan
is to be developed and implemented within 6 months of
the Secretary's determination. Not more than 6 months
after implementation of that plan, the Secretary shall
reevaluate the performance of the Indian Head Start
agency. If the Indian Head Start agency remains
underperforming, the Secretary shall conduct an open
competition as described in subsection (e), subject to
the following limitations:
``(i) Except as provided in paragraph (ii),
a non-Indian Head Start agency may not receive
a grant to carry out an Indian Head Start
program.
``(ii) In a community in which there is no
Indian Head Start agency available for
designation to carry out an Indian Head Start
program, a non-Indian Head Start agency, on an
interim basis, may receive a grant to carry out
an Indian Head Start program, but only until
such time as an Indian Head Start agency in
such community becomes available.
``(d) Transparency, Reliability, and Validity.--The Secretary shall
ensure the system of application evaluation is fair, consistent, and
transparent and is applied in a manner that designates, in a timely
manner grantees as Head Start agencies for a period of 5 years if such
grantees are providing a high quality comprehensive early education
program. The Secretary shall periodically evaluate whether the criteria
are being applied in a manner that is transparent, reliable, and valid.
``(e) Designation When No Entity Has Priority.--
``(1) In general.--If no entity in a community is
determined to be successfully delivering a high quality
comprehensive early education program, as specified in
subsection (c), the Secretary shall, after conducting an open
competition, designate for a 5-year period a Head Start agency
from among qualified applicants in such community.
``(2) Considerations in designation.--In selecting from
among qualified applicants for designation as a Head Start
agency, the Secretary shall consider the effectiveness of each
such applicant to provide Head Start services, based on--
``(A) any past performance of such applicant in
providing services comparable to Head Start services,
including how effectively such applicant provided such
comparable services;
``(B) the plan of such applicant to provide
comprehensive health (including mental and behavioral
health), educational, nutritional, social, and other
services needed to prepare children to succeed in
school and in life;
``(C) the plan of such applicant to attract and
retain qualified staff capable of delivering a high
quality comprehensive early education program,
including demonstrating the ability to provide adequate
salary and benefits to maintain a high quality staff;
``(D) the ability of such applicant to maintain
child-teacher ratios and family service worker
caseloads that reflect best practices and are tied to
high quality service delivery;
``(E) the capacity of such applicant to serve
eligible children with curriculum and teaching
practices that are based on scientifically based
research, are developmentally appropriate, and that
promote the school readiness of children participating
in the program;
``(F) the plan of such applicant to meet standards
set forth in section 641A(a)(1), with particular
attention to the standards set forth in subparagraphs
(A) and (B) of such section;
``(G) the proposed budget and plan of such
applicant to maintain strong fiscal controls and cost
effective fiscal management;
``(H) the plan of such applicant to coordinate the
Head Start program the applicant proposes to carry out,
with other local early learning programs for young
children, including--
``(i) programs implementing grants under
the Early Reading First and Even Start programs
under subparts 2 and 3 of part B of title I of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6371 et seq., 6381 et seq.);
``(ii) and programs under section 619 and
part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.);
``(iii) State prekindergarten programs;
``(iv) child care programs; and
``(v) the educational programs that the
children participating in the Head Start
program will enter at the age of compulsory
school attendance;
``(I) the plan of such applicant to coordinate the
Head Start program that the applicant proposes to carry
out, with public and private entities that are willing
to commit resources to assist the Head Start program in
meeting its program needs;
``(J) the plan of such applicant--
``(i) to seek the involvement of parents
(including grandparents and kinship caregivers,
as appropriate) of children participating in
the proposed Head Start program, in activities
(at home and, if practicable, at the location
of the Head Start program) designed to help
such parents become full partners in the
education of their children;
``(ii) to afford such parents the
opportunity to participate in the development
and overall conduct of the program at the local
level;
``(iii) to offer (directly or through
referral to local entities, such as entities
carrying out Even Start programs under
subchapter 3 of part B of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.), public and school
libraries, and entities carrying out family
support programs) to such parents--
``(I) family literacy services; and
``(II) parenting skills training;
``(iv) to offer to parents of participating
children, mental health services (either
directly or through referral to local
entities), including substance abuse counseling
and information on maternal depression and on
the effect of drug-exposure on infants and
fetal alcohol syndrome;
``(v) at the option of such applicant, to
offer (directly or through referral to local
entities) to such parents--
``(I) training in basic child
development (including cognitive,
social, and emotional development);
``(II) assistance in developing
literacy and communication skills;
``(III) opportunities to share
experiences with other parents
(including parent mentor
relationships);
``(IV) regular in-home visitation;
``(V) mental and behavioral health
services; or
``(VI) any other activity designed
to help such parents become full
partners in the education of their
children;
``(vi) to provide, with respect to each
participating family, a family needs assessment
that includes consultation with such parents,
in a manner and language that such parents can
understand, about the benefits of parent
involvement and about the activities described
in subparagraph (H) in which such parents may
choose to become involved (taking into
consideration their specific family needs, work
schedules, and other responsibilities); and
``(vii) to extend outreach to fathers, in
appropriate cases, in order to strengthen the
role of fathers in families, in the education
of their young children, and in the Head Start
program, by working directly with fathers and
father figures through activities such as--
``(I) in appropriate cases,
including fathers in home visits and
providing culturally appropriate
opportunities for direct father-child
interactions; and
``(II) targeting increased male
participation in the conduct of the
program;
``(K) the plan of such applicant to meet the needs
of limited English proficient children and their
families, including procedures to identify such
children, plans to provide trained personnel, and plans
to provide services to assist the children in making
progress toward the acquisition of the English
language, while making meaningful progress in attaining
the knowledge, skills, abilities, and development
described in section 641A(a)(1)(B);
``(L) the plan of such applicant to meet the
diverse cultural needs of the population served;
``(M) the plan of such applicant to meet the needs
of children with disabilities;
``(N) the plan of such applicant who chooses to
assist younger siblings of children who will
participate in the Head Start program to obtain health,
including mental health, services from other sources;
``(O) the plan of such applicant to collaborate
with other entities carrying out public or private
early childhood education and child care programs in
the community;
``(P) the plan of such applicant to meet the needs
of homeless children, including transportation needs,
and children in foster care and children and families
experiencing toxic stress;
``(Q) the plan of such applicant to maintain a
qualified staff, including a teaching staff qualified
to implement research-based curricula aligned with the
Head Start Child Outcomes Framework developed by the
Secretary and to the early learning standards in State
in which such program would operate;
``(R) the plan of such applicant to enter into
memoranda of understanding with local educational
agencies within the service area, as described in
section 642B(a); and
``(S) other factors related to the requirements of
this subchapter.
``(3) Continued eligibility.--Faith-based and community-
based organizations continue to be eligible, on the same basis
as other organizations, to participate in any program under
this subchapter for which they are otherwise eligible.
``(f) Interim Provider.--If no agency in the community receives
priority designation under subsection (c), and there is no qualified
applicant in the community, the Secretary shall designate a qualified
agency to carry out the Head Start program in the community on an
interim basis until a qualified applicant from the community is so
designated.
``(g) Parent and Community Participation.--The Secretary shall
require that the practice of significantly involving parents and area
residents affected by the program in the selection of Head Start
agencies be continued.
``(h) Community.--For purposes of this subchapter, a community may
be a city, county, or multicity or multicounty unit within a State, an
Indian reservation (including Indians in any 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) which provides a suitable organizational
base and possesses the commonality of interest needed to operate a Head
Start program.''.
SEC. 7. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND
PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended to
read as follows:
``SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND
PROGRAMS.
``(a) Quality Standards.--
``(1) Establishment of standards.--The Secretary shall
modify, as necessary, program performance standards by
regulation applicable to Head Start agencies, programs, and
projects under this subchapter, including--
``(A) performance standards with respect to
services required to be provided, including health,
parental involvement, nutritional, social, transition
activities described in section 642(d), and other
services;
``(B) scientifically based and developmentally
appropriate early learning standards related to school
readiness that are based on the Head Start Child
Outcomes Framework to ensure that the children
participating in the program, at a minimum develop and
demonstrate--
``(i) language knowledge and skills,
including oral language and listening
comprehension;
``(ii) prereading knowledge and skills that
prepare children for early literacy in schools
including phonological awareness, print
awareness and print skills, and alphabetic
knowledge;
``(iii) mathematics knowledge and skills,
including aspects of classification, seriation,
number, spatial relations, and time;
``(iv) science knowledge and skills,
including measurement;
``(v) cognitive abilities related to
academic achievement and general knowledge;
``(vi) social and emotional development
related to early learning, school success,
social problem-solving, and overall well-being;
``(vii) approaches to learning related to
child development and early learning;
``(viii) creative arts; and
``(ix) in the case of limited-English
proficient children, progress toward
acquisition of the English language while
making meaningful progress in attaining the
knowledge, skills, abilities, and development
described in clauses (i) through (viii),
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 for such agencies, programs, and
projects; and
``(E) such other standards as the Secretary finds
to be appropriate.
``(2) Considerations in developing standards.--In
developing the standards required under paragraph (1), the
Secretary shall--
``(A) consult with experts in the fields of child
development, early childhood education, child health
care, family services (including linguistically and
culturally appropriate services to limited English
proficient children and their families),
administration, and financial management, and with
persons with experience in the operation of Head Start
programs;
``(B) take into consideration--
``(i) past experience with use of the
standards in effect under this subchapter on
October 27, 1998;
``(ii) changes over the period since
October 27, 1998, in the circumstances and
problems typically facing children and families
served by Head Start agencies;
``(iii) recommendations from the report on
Developmental Outcomes and Assessments for
Young Children by the National Academy of
Sciences, when it becomes available;
``(iv) developments concerning research-
based practices with respect to early childhood
education and development, children with
disabilities, family services, program
administration, and financial management;
``(v) projected needs of an expanding Head
Start program;
``(vi) guidelines and standards currently
in effect or under consideration that promote
child health services and physical development,
including outdoor activity that supports
children's motor development and overall health
and nutrition;
``(vii) changes in the population of
children who are eligible to participate in
Head Start programs, including the language and
cultural background and family structure of
such children;
``(viii) mechanisms to ensure that children
participating in Head Start programs make a
successful transition to the schools that the
children will be attending; and
``(ix) the unique challenges faced by
individual programs, including those that are
seasonal or short term, and those that serve
rural populations; and
``(C)(i) review and revise as necessary the
performance standards in effect under this subsection;
and
``(ii) ensure that any such revisions in the
performance standards will not result in the
elimination of or any reduction in quality, scope or
types of health, education, parental involvement,
nutritional, social, or other services required to be
provided under such standards as in effect on October
27, 1998.
``(3) Standards relating to obligations to delegate
agencies.--In developing standards under this subsection, the
Secretary shall describe the obligations of a Head Start agency
to a delegate agency to which the Head Start agency has
delegated responsibility for providing services under this
subchapter and determine whether the Head Start agency complies
with the standards. The Secretary shall consider such
compliance during the review described in subsection (c)(1)(A)
and in determining whether to renew financial assistance to the
Head Start agency under this subchapter.
``(b) Measures.--
``(1) In general.--The Secretary, in consultation with
representatives of Head Start agencies and with experts in the
fields of early childhood education and development, shall use
the study on Developmental Outcomes and Assessments for Young
Children by the National Academy of Sciences to provide
guidance to Head Start agencies for utilizing scientifically-
based measures that support, as appropriate--
``(A) classroom instructional practices;
``(B) identification of special needs; and
``(C) program evaluation.
``(2) Characteristics of measures.--The measures under this
subsection shall--
``(A) be developmentally, linguistically, and
culturally appropriate for the population served;
``(B) be reviewed not less than every 4 years,
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 English, Spanish,
and any other language, as appropriate);
``(E) be administered by staff with appropriate
training for such administration;
``(F) provide appropriate accommodations for
children with disabilities and children who are limited
English proficient; and
``(G) be high-quality research-based measures that
have been demonstrated to assist with the purposes for
which they were devised.
``(3) Use of measures; limitations on use.--
``(A) Measures shall be designed for the purpose
of--
``(i) promoting the skills, knowledge, and
competencies of children participating in Head
Start programs specified in subsection
(a)(1)(B)(ii), with an emphasis on measuring
skills that scientifically-based 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;
``(iii) identifying special needs; and
``(iv) improving overall program
performance in order to help programs identify
problem areas that may require additional
training and technical assistance resources.
``(B) Such measures shall not be used to exclude
children from Head Start programs.
``(4) Suspended implementation of national reporting
system.--The Secretary shall--
``(A) suspend implementation and terminate further
development and use of the National Reporting System;
and
``(B) incorporate, as appropriate, recommendations
from the study on Developmental Outcomes and
Assessments for Young Children by the National Academy
of Sciences into any assessment used in the Head Start
programs, in accordance with paragraphs (2) and (3).
``(5) Special rule.--The use of assessment items and data
on any assessment authorized under this subchapter by an agent
or agents of the Federal Government to provide rewards or
sanctions for individual children or teachers is prohibited.
The Secretary shall not use the results of a single assessment
as the sole or primary method for assessing program
effectiveness or making grantee funding determinations at the
national, regional, or local level.
``(6) Confidentiality.--
``(A) The Secretary, through regulation, shall
ensure the confidentiality of any personally
identifiable data, information and records collected or
maintained by the Secretary and any Head Start agency.
Such regulations shall provide the policies,
protections, and rights equivalent to those provided a
parent, student, or educational agency or institution
under section 444 of the General Education Provisions
Act.
``(B) Nothing in this subsection shall be construed
to authorize the development of a nationwide database
of personally identifiable information on children
participating in measures under this subsection.
``(c) Monitoring of Local Agencies and Programs.--
``(1) In general.--To determine whether Head Start agencies
meet standards established under this subchapter with respect
to program, administrative, financial management, and other
requirements and in order to help programs identify areas for
improvement and areas of strengths as part of an on-going self-
assessment process, the Secretary shall develop and use a risk-
based assessment system to conduct the following reviews of
Head Start agencies, and of the Head Start programs operated by
such agencies:
``(A) A full review of each such agency at least
once during each 3-year period.
``(B) A review of each newly designated Head Start
agency immediately after the completion of the first
year such agency carries out a Head Start program.
``(C) Followup reviews, including unannounced
reviews as appropriate, of programs with 1 or more
findings of deficiencies not later than 12 months after
the date of such finding.
``(D) other reviews, including unannounced site
inspections of Head Start centers, as appropriate.
``(2) Conduct of reviews.--The Secretary shall ensure that
reviews described in subparagraphs (A) through (C) of paragraph
(1)--
``(A) are conducted by review teams that--
``(i) include individuals who are
knowledgeable about Head Start programs and, to
the maximum extent practicable, the diverse
(including linguistic and cultural) needs of
eligible children (including children with
disabilities) and limited-English proficient
children and their families; and
``(ii) include, to the maximum extent
practicable, current or former employees of the
Department of Health and Human Services who are
knowledgeable about Head Start programs;
``(B) include as part of the reviews of the
programs, a review and assessment of program strengths
and areas in need of improvement;
``(C) include as part of the reviews of the
programs, a review and assessment of whether programs
have adequately addressed the population and community
needs (including populations of children with limited
English proficiency and children of migrant and
seasonal farm-working families);
``(D) include as part of the review the extent to
which the program addresses the community needs and
strategic plan identified in section 640(g)(2)(C);
``(E) include as part of the review the
implementation by qualified individuals with
demonstrated reliability, of a valid and reliable
research-based observational instrument that assesses
classroom quality, including multiple dimensions of
teacher-child interactions that are linked to positive
child development and later achievement;
``(F) are conducted in a manner that evaluates
program performance, quality, and overall operations
with consistency and objectivity, and based on a
transparent and reliable system of review;
``(G) in the case of Early Head Start programs, are
conducted by a review team that includes individuals
who are knowledgeable about the development of infants
and toddlers; and
``(H) include as part of the review a protocol for
fiscal management that shall be used to assess the
compliance with program requirements for--
``(i) using Federal funds appropriately;
``(ii) using Federal funds specifically to
purchase property and to compensate personnel;
``(iii) securing and using qualified fiscal
officer support; and
``(iv) reporting financial information and
implementing appropriate internal controls to
safeguard Federal funds.
``(3) Use of review findings.--The findings of the review
shall, at a minimum--
``(A) be presented to an agency in a timely,
transparent, and uniform manner that conveys
information of program strengths and weaknesses and
assists with program improvement; and
``(B) be used by the Head Start agencies to inform
the development and implementation of their plan for
training and technical assistance.
``(d) Evaluations and Corrective Actions for Delegate Agencies.--
``(1) Procedures.--The Head Start agency shall establish
procedures relating to its delegate agencies, including--
``(A) procedures for evaluating delegate agencies;
``(B) procedures for defunding delegate agencies;
and
``(C) procedures for appealing a defunding decision
relating to a delegate agency.
``(2) Evaluations.--Each Head Start agency--
``(A) shall evaluate its delegate agencies using
the procedures established under this section; and
``(B) shall inform the delegate agencies of the
deficiencies identified through the evaluation that are
required to be corrected.
``(3) Remedies to ensure corrective actions.--If the Head
Start agency identifies a deficiency of a delegate agency
through the evaluation, the Head Start agency may--
``(A) initiate procedures to terminate the
designation of the delegate agency unless such agency
corrects the deficiency; and
``(B) conduct monthly monitoring visits to such
delegate agency until all deficiencies are corrected or
the Head Start agency decides to defund such delegate
agency.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to modify, supersede, or affect the powers,
duties, or functions of the Secretary with respect to Head
Start agencies or delegate agencies that receive financial
assistance under this subchapter.
``(e) Corrective Action; Termination.--
``(1) Determination.--If the Secretary determines, on the
basis of a review pursuant to subsection (c), that a Head Start
agency designated pursuant to section 641 fails to meet the
standards described in subsection (a) or fails to adequately
address the community needs and strategic plan identified in
section 640(g)(2)(C), the Secretary shall--
``(A) inform the agency of the deficiencies that
shall be corrected;
``(B) with respect to each identified deficiency,
require the agency--
``(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 agency unless the agency corrects
the deficiency.
``(2) Quality improvement plan.--
``(A) Agency and program responsibilities.--To
retain a designation as a Head Start agency under this
subchapter, or in the case of a Head Start program to
continue to receive funds from such agency, a Head
Start agency, or Head Start program that is the subject
of a determination described in paragraph (1)
(excluding an agency or program 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, or in the case of a
program, the sponsoring agency, and which 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) eliminate each deficiency
identified, not later than the date for
elimination of such deficiency specified in
such plan (which shall not be later than 10
months after the date the agency or program
obtains approval of its quality improvement
plan).
``(B) Secretarial responsibility.--Not later than
30 days after receiving from a Head Start agency 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.
``(C) Agency responsibility for program
improvement.--Not later than 30 days after receiving
from a Head Start program, a proposed quality
improvement plan pursuant to subparagraph (A), the Head
Start agency 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 Head Start
agencies and programs 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.--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
(c) and on the outcomes of quality improvement plans implemented under
subsection (e), during such fiscal year. Such report shall be made
available to all parents with children receiving assistance under this
subchapter in an understandable and uniform format, and to the extent
practicable, provided in a language that the parents can understand,
and in addition, make the information widely available through public
means such as distribution through public agencies, and at a minimum
posting such information on the Internet immediately upon publication.
Such reports shall contain detailed data on compliance with specific
performance standards and measures sufficient to allow individual Head
Start agencies to use such data to improve the quality of their
program.
``(g) Self-Assessments.--
``(1) In general.--Not less frequently than once each
program year, with the consultation and participation of policy
councils, and as applicable, policy committees, and as
appropriate, other community members, each Head Start agency
and each delegate agency that receives financial assistance
under this subchapter shall conduct a comprehensive self-
assessment of its effectiveness and progress in meeting program
goals and objectives (including professional development plans)
and in implementing and complying with Head Start program
performance standards.
``(2) Report and improvement plans.--
``(A) Report.--An agency conducting a self-
assessment shall report the findings of the self-
assessment to the relevant policy council, policy
committee, governing body, and Secretary. Each self-
assessment shall identify areas of strength and
weakness.
``(B) Improvement plan.--The agency shall develop
and report to the Secretary an improvement plan
approved by the governing body of the agency to
strengthen any areas identified in the self-assessment
as weaknesses or in need of improvement.
``(3) Ongoing monitoring.--Each Head Start agency, delegate
Head Start agency, and entity that carries out an Early Head
Start program shall establish and implement procedures for the
ongoing monitoring of their respective programs, to ensure that
the operations of the programs work toward meeting program
goals and objectives and Head Start performance standards.
``(h) Enrollment Reporting Requirement.--
``(1) Head Start agencies shall report on a regular basis
to the Secretary--
``(A) the actual enrollment in such program; and
``(B) if such actual enrollment is less than the
funded enrollment, any apparent reason for such
enrollment shortfall.
``(2) The Secretary shall determine on a regular basis
which Head Start agencies are operating with an actual
enrollment that is less than the funded enrollment and shall
provide appropriate and timely training and technical
assistance to increase actual enrollment, as appropriate.
``(3) In this subsection:
``(A) The term `actual enrollment' means, with
respect to a Head Start program, the actual number of
children enrolled in such program in a given month.
``(B) The term `base grant' means, with respect to
Head Start agency for a fiscal year, that portion of
the grant derived from--
``(i) amounts reserved for use in
accordance with section 640(a)(2)(A), for a
Head Start agency administering an Indian Head
Start program or migrant and seasonal Head
Start program;
``(ii) amounts reserved for payments under
section 640(a)(2)(B); or
``(iii) amounts available under section
640(a)(2)(D) or allotted among States under
section 640(a)(4).
``(C) The term `funded enrollment' means, with
respect to the program of a Head Start agency in a
fiscal year, the number of children that the agency is
funded to serve through a grant for the program during
such fiscal year, as indicated in the grant award.
``(i) Redistribution of Funds.--Funds held by the Secretary as a
result of recapturing, withholding, or reducing a base grant, except
when such action is the result of an open competition 641(d)) or
termination 646(d) shall be redistributed in such fiscal year as
follows:
``(1) If such funds are derived from an Indian Head Start
program, then such funds shall be redistributed to increase
enrollment in such fiscal year in 1 or more Indian Head Start
programs.
``(2) If such funds are derived from the operation of a
migrant and seasonal Head Start program, then such funds shall
be redistributed to increase enrollment in such fiscal year in
1 or more migrant and seasonal Head Start programs.
``(3) If such funds are derived from the operation of a
Head Start program in a State (excluding Indian Head Start
program and migrant and seasonal Head Start programs), then
such funds shall be redistributed to increase enrollment in
such fiscal year in 1 or more Head Start programs (excluding
Indian Head Start programs and migrant and seasonal Head Start
programs) that are carried out in such State, except that--
``(A) not less than 50 percent of the funds shall
be prioritized to increase the program participation of
children and families served under Early Head Start;
and
``(B) not less than 25 percent of the funds shall
be prioritized to increase program participation of
underserved populations of eligible children.''.
SEC. 8. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is amended to
read as follows:
``SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
``(a) Legal Authority.--To be designated as a Head Start agency
under this subchapter, an agency must have authority under its charter
or applicable law to receive and administer funds under this
subchapter, funds and contributions from private or local public
sources which may be used in support of a Head Start program, and funds
under any Federal or State assistance program pursuant to which a
public or private nonprofit or for-profit agency (as the case may be)
organized in accordance with this subchapter, could act as grantee,
contractor, or sponsor of projects appropriate for inclusion in a Head
Start program. Such an agency must also be empowered to transfer funds
so received, and to delegate powers to other agencies, subject to the
powers of its governing board and its overall program responsibilities.
The power to transfer funds and delegate powers must include the power
to make transfers and delegations covering component projects in all
cases where this will contribute to efficiency and effectiveness or
otherwise further program objectives.
``(b) Family and Community Involvement; Family Services.--To be so
designated, a Head Start agency shall, at a minimum, do all the
following to involve and serve families and communities:
``(1) Establish effective procedures by which parents and
area residents concerned will be enabled to directly
participate in decisions that influence the character of
programs affecting their interests.
``(2) Seek the involvement of parents, area residents, and
local business in the design and implementation of the program.
``(3) Establish effective procedures to facilitate and seek
the involvement of parents of participating children in
activities designed to help such parents become full partners
in the education of their children, and to afford such parents
the opportunity to participate in the development and overall
conduct of the program at the local level, including a process
through which parents of children currently participating in a
Head Start program or an Early Head Start program select the
parent representatives to serve on the council under section
642(b)(4)(B)(ii).
``(4) Offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.)), to
parents of participating children, family literacy services and
parenting skills training.
``(5) Offer to parents of participating children mental
health services (either directly or through referral to local
entities), including substance abuse counseling, and including
information on maternal depression and on drug-exposed infants
and fetal alcohol syndrome.
``(6) At the option of such agency, offer (directly or
through referral to local entities) to such parents--
``(A) training in basic child development
(including cognitive, social, and emotional
development);
``(B) assistance in developing literacy and
communication skills;
``(C) opportunities to share experiences with other
parents (including parent-mentor relationships);
``(D) mental and behavioral health services;
``(E) regular in-home visitation; or
``(F) any other activity designed to help such
parents become full partners in the education of their
children.
``(7) Provide, with respect to each participating family, a
family needs assessment that includes consultation with such
parents, in a manner and language that such parents can
understand, about the benefits of parent involvement and about
the activities described in paragraphs (5) through (8) in which
such parents may choose to be involved (taking into
consideration their specific family needs, work schedules, and
other responsibilities).
``(8) Consider providing services to assist younger
siblings of children participating in its Head Start program to
obtain health, including mental health, services from other
sources.
``(9) Perform community outreach to encourage individuals
previously unaffiliated with Head Start programs to participate
in its Head Start program as volunteers.
``(10)(A) Inform custodial parents in single-parent
families that participate in programs, activities, or services
carried out or provided under this subchapter about the
availability of child support services for purposes of
establishing paternity and acquiring child support; and
``(B) Refer eligible parents to the child support offices
of State and local governments.
``(11) Provide parents of limited English proficient
children outreach and services under this subchapter, in an
understandable and uniform format and, to the extent
practicable, in a language that such parents can understand.
``(12) Provide technical and other support needed to enable
parents and area residents to secure on their own behalf
available assistance from public and private sources.
``(13) Promote the continued involvement of the parents
(including grandparents and kinship caregivers, as appropriate)
of children that participate in Head Start programs in the
education of their children upon transition to school, the Head
Start agency shall work with the local educational agency--
``(A) to provide training to the parents;
``(i) to inform the parents about their
rights and responsibilities concerning the
education of their children; and
``(ii) to enable the parents--
``(I) to understand and work with
schools in order to communicate with
teachers and other school personnel;
``(II) to support the schoolwork of
their children; and
``(III) to participate as
appropriate in decisions relating to
the education of their children; and
``(B) to take other actions, as appropriate and
feasible, to support the active involvement of the
parents with schools, school personnel, and school-
related organizations.
``(14) Provide parents of a child suspected of having a
disability information about services available under section
619 or part C of the Individuals With Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.) and refer such child to the
appropriate agency for an evaluation of eligibility under such
Act.
``(c) Program Governance.--Head Start agencies must establish and
maintain a formal structure of shared governance through which an
independent governing body with legal and fiscal responsibility for
administering and overseeing programs under this subchapter and a
parent policy council and parent policy committee, as appropriate,
shall ensure that such agency operates a high quality Head Start
program in compliance with all applicable Federal, State, and local
laws.
``(1) Governing body.--
``(A) Composition.--The governing body shall be
composed as follows:
``(i) Not less than 1 member with
significant financial management or accounting
experience.
``(ii) Not less than 1 member shall have a
background and expertise in early childhood
development.
``(iii) Not less than 1 member shall be a
licensed attorney familiar with issues that
come before the governing body.
``(iv) Additional members shall be selected
for their expertise in education, business
administration, and community affairs and shall
reflect the community served.
``(v) Exceptions shall be made when members
of the governing body oversee a public entity
and are selected by public election or are
political appointments.
``(B) Conflict of interest.--Members of the
governing body shall--
``(i) not have a conflict of interest with
the Head Start agency or delegate agencies,
exceptions shall be made when a board member of
a public entity is selected by election or
politically appointed;
``(ii) not receive compensation for the
purposes of serving on the governing body or
for providing services to the Head Start
agency, exceptions shall be made when a board
member of a public entity is selected by
election or politically appointed;
``(iii) not be employed nor shall members
of their immediate family be employed by the
Head Start agency or one of its delegate
agencies, exceptions shall be made when a board
member of a public entity is selected by
election or politically appointed; and
``(iv) operate as an entity independent of
staff employed by the Head Start agency entity
or applicant, exceptions shall be made when a
board member of a public entity is selected by
election or politically appointed.
``(C) Consultants.--In the case that persons
described in subparagraph (A) are not available to
serve as members, the governing body shall make use of
consultants in the areas described in subparagraph (A)
to work directly with the governing body.
``(D) Training.--All members of the governing body
shall receive training in management responsibilities
and obligations, ethics, and financial literacy
management.
``(E) Responsibilities of governing body.--The
governing body shall be responsible for--
``(i) adoption of practices that assure
active, independent and informed governance of
the Head Start agency;
``(ii) oversight to ensure that the Head
Start agency under the direction of the
executive director is delivering high quality
services to children and families in compliance
with all applicable standards in effect under
this subchapter and with the applicable
performance measures established by the
Secretary under section 644;
``(iii) establish an audit and finance
committee whose primary responsibility shall
be--
``(I) to approve annually the
operating budget of the Head Start
agency;
``(II) to review and recommend to
the governing body the selection of
independent auditors who shall report
all critical accounting policies and
practices to the finance and audit
committee, except when the auditor is
assigned by the State under State law;
``(III) to review and recommend to
the governing body the termination or
extension of the existing audit firm at
least once every 5 years;
``(IV) to review and advise the
governing body of the audit management
letter provided pursuant to the chapter
75 of title 31, United States Code, and
of any audit findings; and
``(V) to monitor agency actions to
correct any such audit findings or
other actions necessary to comply with
applicable laws (including regulations)
governing financial statements and
accounting practices;
``(iv) approve all major policies of the
agency, including the mission of the agency and
policies addressing accounting, financial
management, procurement, record
confidentiality, and personnel (including
specific standards governing salaries, salary
adjustments, travel and per diem allowances,
and other employee benefits);
``(v) approve all major financial
expenditures of the agency;
``(vi) approve the selection or dismissal
of the Head Start Director or the equivalent
position within the Head Start agency;
``(vii) approve or disapprove all policies,
applications, and decisions of the Policy
Council made under the authority of paragraph
(2);
``(viii) to oversee the program planning of
the Head Start agency, including adoption of
policies for setting long- and short-range
goals and objectives;
``(ix) oversee and approve the agency's
applications to receive funds made available
under this subchapter; and
``(x) to establish, adopt and periodically
update written standards of conduct that
establish standards and formal procedures for
disclosing, addressing, and resolving--
``(I) any conflict of interest, and
any appearance of a conflict of
interest, by members of the governing
body, officers, employees, consultants
and agents who provide services or
furnish goods to the Head Start agency;
and
``(II) complaints, including
investigations, when appropriate.
``(2) Policy council.--
``(A) Composition.--The Policy Council or Policy
Committee, as appropriate, shall be composed as
follows:
``(i) Members of the Policy Council shall
be either parents of children currently
enrolled in the Head Start agency's (or
delegate's) Head Start or Early Head Start
program or that are parents of children who
were enrolled in the program in the previous
year (Parent Members) or shall be members of
the community served by the Head Start agency
or delegate (Community Members).
``(ii) Parent members of the Policy Council
shall constitute a majority of the members of
the Policy Council and shall be elected by
parents of currently enrolled children.
``(iii) Parent members shall represent,
proportionately, all program options and
settings operated by the Head Start agency or
delegate.
``(iv) The term of a Policy Council member
shall be no more than 2 years and no Policy
Council member shall serve longer than 6 years.
``(B) Responsibilities of policy council.--In order
to be designated as a Head Start agency, an entity or
delegate of such an entity shall have a Policy Council
which shall approve and submit to the governing body
decisions about the following activities:
``(i) The strategic direction of the
program, including long and short-term planning
goals and objectives (such planning and goals
shall take into account the annual community
assessment and self-assessment).
``(ii) Selection of delegate agencies and
their service areas.
``(iii) Recruitment, selection and
enrollment priorities.
``(iv) Funding applications and amendments
to funding applications for Head Start or Early
Head Start prior to submission of such
applications.
``(v) Budget planning for program
expenditures.
``(vi) Bylaws for the operation of the
Policy Council including procedures by which
Policy Council members are chosen.
``(vii) Program personnel policies,
including standards of conduct for program
staff, contractors and volunteers.
``(viii) Decisions regarding employment of
Head Start staff other than the director and
executive director.
``(ix) Activities to support the active
involvement of parents in supporting program
operations.
``(x) Program responsiveness to community
and parent needs.
``(C) Training.--Appropriate training and technical
assistance shall be provided to the members of the
Policy Council to ensure that the members understand
the information the members receive and effectively
oversee and participate in the programs of the Head
Start agency or delegate.
``(3) Impasse policy.--The Secretary shall develop policies
and procedures describing how Head Start agencies will
implement shared decision-making, including a process for
resolving any impasse between the Governing Body and the Policy
Council.
``(d) Collaboration and Coordination.--To be so designated, a Head
Start agency must collaborate and coordinate with public and private
entities to improve the available services to Head Start children and
families, including the following activities:
``(1) Conduct outreach to schools in which children
participating in Head Start programs enroll, local educational
agencies, the local business community, community-based
organizations, faith-based organizations, museums, and
libraries to generate support and leverage the resources of the
entire local community in order to improve school readiness.
``(2) In communities where both public prekindergarten
programs and Head Start programs operate, a Head Start agency
shall collaborate and coordinate activities with the local
educational agency or other public agency responsible for the
operation of the prekindergarten program and providers of
prekindergarten, including outreach activities to identify
eligible children, as possible.
``(3) Head Start agency staff shall, with the permission of
the parents of children enrolled in Head Start programs,
regularly communicate with the elementary schools such children
will be attending--
``(A) to share information about such children; and
``(B) to ensure a smooth transition to elementary
school for such children.
``(4) Each Head Start agency shall collaborate, as
appropriate, with providers of social and community services
available to children and families participating in Head Start
programs, and may support such partnerships with financial
agreements, when applicable, for the provision of such
services.
``(5) A Head Start agency shall take steps to coordinate
activities with the local educational agency serving the
community involved and with schools in which children
participating in a Head Start program operated by such agency
will enroll following such program, including--
``(A) collaborating on the shared use of
transportation and facilities;
``(B) collaborating to enhance the efficiency of
services while increasing the program participation of
underserved populations of eligible children; and
``(C) exchanging information on the provision of
noneducational services to such children.
``(6) The Secretary, in consultation with the Secretary of
Education, shall--
``(A) evaluate the effectiveness of the projects
and activities funded under section 642A;
``(B) disseminate to Head Start agencies
information (including information from the evaluation
required by subparagraph (A)) on effective policies and
activities relating to the transition of children from
Head Start programs to public schools; and
``(C) provide technical assistance to such agencies
to promote and assist such agencies to adopt and
implement such effective policies and activities.
``(e) Quality Standards, Curricula and Assessment.--To be so
designated, each Head Start agency shall--
``(1) take steps to ensure, to the maximum extent possible,
that children maintain the developmental and educational gains
achieved in Head Start programs and build upon such gains in
further schooling;
``(2) establish a program with standards set forth in
section 641A(a)(1), with particular attention to the standards
set forth in subparagraphs (A) and (B) of such section;
``(3) implement a research-based early childhood curriculum
that promotes young children's school readiness in the areas of
language and cognitive development, early reading and
premathematics skills, socio-emotional development, physical
development, and approaches to learning. Such curricula shall
be--
``(A) based on scientifically based research and
have standardized training procedures and curriculum
materials to support implementation;
``(B) comprehensive, linked to ongoing assessment,
with developmental and learning goals and measurable
objectives; and focused on improving the learning
environment, teaching practices, family involvement,
and child outcomes across all areas of development; and
``(C) aligned to the Head Start Child Outcomes
Framework developed by the Secretary and to State early
learning standards, as appropriate;
``(4) use ongoing, research-based assessment methods that
are developmentally appropriate, culturally and linguistically
responsive, and tied to children's daily activities in order to
support the educational instruction of children in the program,
including language skills, prereading knowledge and
premathematics knowledge. Assessment instruments shall be those
designed and validated for making decisions about teaching and
learning and aligned with the programs curricula and section
641A(a)(1);
``(5) use high-quality research-based developmental
screening tools that have been demonstrated to be standardized,
reliable, valid, and accurate for children from a range of
racial, ethnic, linguistic, and cultural backgrounds, for the
purpose of meeting the relevant performance standards;
``(6) adopt, in consultation with experts in child
development and with classroom teachers, an assessment to be
used when hiring or evaluating any classroom teacher in a
center-based Head Start program. Such assessment shall measure
whether such teacher has mastered the functions described in
section 648A(a)(1) and attained a level of literacy appropriate
to implement Head Start curricula;
``(7) use the information provided from the assessment
conducted under section 640A(c)(2)(H) to adopt a professional
development plan that leads to improved teacher effectiveness;
``(8) establish measurable objectives for the provision of
health, educational, nutritional, and social services related
to the program mission and to school readiness and provided
under this subchapter; and
``(9) develop procedures for identifying children as
limited English proficient, and inform the parents of such
children as to the instructional services used to help children
make progress towards acquiring the knowledge and skills
described in section 641A(a)(1)(B) and acquisition of the
English language.
``(f) Funded Enrollment; Waiting List.--Each Head Start agency
shall enroll 100 percent of its funded enrollment and maintain an
active waiting list at all times with ongoing outreach to the community
and activities to identify underserved populations.
``(g) Technical Assistance and Training Plan.--In order to receive
funds under this subchapter, a Head Start agency shall develop an
annual technical assistance and training plan. Such plan shall be based
on the agency's self-assessment, the community-wide needs assessment,
the needs of parents and children to be serviced by such agency, and
the results of the reviews conducted under section 641A(c).
``(h) Financial Management.--In order to receive funds under this
subchapter, a Head Start agency shall document strong fiscal controls,
including the employment of well-qualified fiscal staff with a history
of successful management of a public or private organization.''.
SEC. 9. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended to
read as follows:
``SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION.
``Each Head Start agency shall take steps to coordinate with the
local educational agency serving the community involved and with
schools in which children participating in a Head Start program
operated by such agency 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, Head Start program
records for each participating child to the school in which
such child will enroll;
``(2) establishing ongoing channels of communication
between Head Start staff and their counterparts in the schools
(including teachers, social workers, McKinney-Vento liaisons as
established 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) establish on-going communication for developing
continuity of developmentally appropriate curricula between
Head Start and local educational agencies to ensure an
effective transition and appropriate shared expectations for
children's learning and development as they make such
transition to school;
``(4) organizing and participating in joint training,
including transition-related training for school staff and Head
Start staff;
``(5) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start program teachers
to discuss the educational, developmental, and other needs of
individual children;
``(6) helping parents of limited English Proficient
children understand the method of instruction and other
services provided by the school in which such child will enroll
after participation in Head Start and as appropriate,
information provided to parents of limited English proficient
children under section 3302 of title III of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7012);
``(7) developing and implementing a family outreach and
support program in cooperation with entities carrying out
parental involvement 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. 11431-11435);
``(8) assisting families, administrators, and teachers in
enhancing educational and developmental continuity and
continuity in parental involvement activities between Head
Start services and elementary school classes;
``(9) linking the services provided in such Head Start
program with the education services, including services
relating to language, literacy, and numeracy, provided by such
local educational agency;
``(10) helping parents (including grandparents and kinship
caregivers, as appropriate) to understand the importance of
parental involvement in a child's academic success while
teaching them strategies for maintaining parental involvement
as their child moves from Head Start to elementary school;
``(11) developing and implementing a system to increase
program participation of underserved populations of eligible
children; and
``(12) coordinating activities and collaborating to ensure
that curricula used in the Head Start program are aligned
with--
``(A) the Head Start Child Outcomes Framework as
developed by the Secretary; and
``(B) State early learning standards, as
appropriate, with regard to cognitive, social,
emotional, and physical competencies that children
entering kindergarten are expected to demonstrate.''.
SEC. 10. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION.
The Head Start Act (42 U.S.C. 9831) is amended by inserting after
section 642A the following:
``SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION.
``(a) Local Integration.--In general, Head Start agencies shall
enter into ongoing partnerships with local educational agencies and
with State-funded preschool and other early childhood programs.
``(1) Memoranda of understanding.--Each Head Start agency
shall enter into a memorandum of understanding with any local
educational agencies or local councils, responsible for
managing publicly funded prekindergarten programs in the
service area of the Head Start agency (or if such agencies and
such councils are not applicable in the service area, with the
largest provider of publicly funded prekindergarten in the
service area), that shall include plans to coordinate the
following activities:
``(A) Educational activities, curricula, and
instruction.
``(B) Public information dissemination and access
to programs for families contacting any of the early
childhood programs.
``(C) Selection priorities for eligible children to
be served by programs.
``(D) Service delivery areas.
``(E) Staff training, including opportunities for
joint staff training on topics such as academic content
standards, instructional methods, and social and
emotional development.
``(F) Program technical assistance.
``(G) Provision of additional services to meet the
needs of working parents.
``(H) Planning and parent education for smooth
transitions to kindergarten as required in section
642A(3) and 642A(6).
``(I) Provision and use of facilities,
transportation, and other program elements.
``(J) Other elements mutually agreed to by the
parties to such memorandum.
``(2) Timing of memoranda.--Each Head Start agency shall
enter into a memorandum of understanding under paragraph (1)
not later than 1 year after the effective date of this section.
``(3) Secretarial review.--Each memorandum of understanding
entered into under paragraph (1) shall be submitted to the
Secretary not later than 30 days after entering into such
memorandum.
``(A) If a Head Start agency is unable to comply
with the requirement in paragraph (1) the Head Start
agency shall notify the Secretary and the chief
executive officer of the State not later than 30 days
after determining that they are unable to enter into
such memorandum. The Secretary, in cooperation with the
State Early Learning Council and the State Director of
Head Start Collaboration, shall evaluate the causes of
failure to enter into a memorandum of understanding
under paragraph (1). With the assistance of the State
Early Learning Council and the State Director of Head
Start Collaboration, all parties shall again attempt to
enter into a memorandum of understanding under
paragraph (1). Then if no such memorandum of
understanding is entered into, the Secretary shall make
1 of the following determinations:
``(i) The local educational agency, local
council, or other appropriate entity is unable
or unwilling to enter into such a memorandum
despite reasonable efforts on the part of the
Head Start agency.
``(ii) The Head Start agency has not
engaged in reasonable efforts to successfully
negotiate and enter into a memorandum of
understanding pursuant to paragraph (1).
``(iii) There is an absence of publicly
funded prekindergarten in the service area of
the Head Start agency.
``(B) If the Secretary determines the Head Start
agency is not making reasonable efforts to enter into a
memorandum of understanding pursuant to paragraph (1),
the Head Start agency shall be found to be noncompliant
with program performance standards.
``(C) If the Secretary concludes that the local
educational agency, local council, or other appropriate
entity is not making reasonable efforts to reach such a
memorandum of understanding, the Head Start agency
shall not be found out of compliance with paragraph
(1).
``(4) Revision of memoranda.--Each memorandum of
understanding shall be revised and renewed annually by the
parties to such memorandum, in alignment with the beginning of
the school year.
``(5) Absence of prekindergarten.--In the absence of
publicly funded prekindergarten in the service area of a Head
Start agency, the Head Start agency shall submit notice to the
Secretary and the chief executive officer of the State and
shall work with the State Early Learning Council and the State
Director of Head Start Collaboration to improve coordination in
their service area.
``(b) State Early Learning Councils.--From the amounts reserved
under section 640(a)(2)(C)(iii), the Secretary shall award, upon
submission of a written request and pursuant to the requirements of
paragraph (2), an early learning collaboration grant to each State for
the purposes of supporting a State Early Learning Council responsible
for advancing the development of a coordinated early childhood services
delivery system in the State. A State that receives a grant under this
subparagraph shall--
``(1) establish a State Early Learning Council, which shall
include--
``(A) the State Director of Head Start
Collaboration;
``(B) representatives from the State preschool
programs;
``(C) representatives of local educational
agencies;
``(D) the State official who oversees child care
programs;
``(E) the State official who oversees section 619
and part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.);
``(F) the State official who oversees the State
educational agency;
``(G) representatives from Head Start agencies
located in the State, including migrant and seasonal
Head Start programs and Indian Head Start programs;
``(H) representatives of local child care programs
or organizations; and
``(I) a representative of the State agency
responsible for health and mental health care;
except that the chief executive officer of the State may
designate an existing entity to serve as the Early Learning
Council if such entity includes representatives described in
this paragraph;
``(2) ensure that allotted funds distributed to a State for
a fiscal year to carry out this subsection may be used by the
State to pay not more than 50 percent of the cost of carrying
out this subsection;
``(3) direct the early learning council to improve the
coordination and quality of early childhood services within the
State, including--
``(A) to increase coordination and collaboration
among State preschool, Head Start programs, child care
programs, early childhood special education, and other
early childhood programs, including in the areas of
outcomes and standards, technical assistance,
coordination of services, cross-sector professional
development and training, community outreach,
communication, and better serving the needs of working
families through provision of full-day and full-year
early education services;
``(B) to work with State agencies responsible for
education, child care, and early intervention to
provide leadership and assistance to local Head Start
programs, local education agencies, and State and
locally funded preschool and child care programs to
increase integration among early childhood programs
through adoption of local memoranda of understanding
described in subparagraph (A) and other means;
``(C) to work with State agencies responsible for
education, child care, and early intervention to
provide leadership and assistance to develop
developmentally appropriate standards for children
birth through the early elementary grades to effect a
smooth transition to and success in the early
elementary grades;
``(D) to develop or conduct periodic Statewide
needs assessments concerning early care and education
programs for children from birth to school entry;
``(E) to work to identify and address barriers to
and opportunities for integration between entities
carrying out Federal and State child development, child
care, and early childhood education programs;
``(F) to develop recommendations regarding means of
establishing a unified data collection system for early
care and education programs operating throughout the
State;
``(G) to address coordination of early learning
programs with health care (including mental and
behavioral health care), welfare, family literacy and
services for homeless children;
``(H) to support a State system of early childhood
education, and training and technical assistance that
improves the quality of early learning programs and the
capacity of such programs to deliver services pursuant
to section 648(b);
``(I) to develop a plan for increasing the
participation of children underrepresented in State
early childhood education and child care programs,
including Head Start, State preschool programs, and
programs carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.);
``(J) developing a Statewide professional
development and career ladder plan for early care and
education in the State; and
``(K) assisting 2- and 4-year public and private
institutions of higher education to develop
articulation agreements concerning degrees in early
childhood and related fields.
``(4) Nothing in this subsection shall be construed to
provide the Early Learning Council with authority to modify,
supersede, or affect the operation of this subchapter.
``(5) Funds made available under this section shall be used
to supplement, and not supplant, other Federal, State, and
local funds that would otherwise be expended to carry out the
purposes of this section.''.
SEC. 11. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.
Section 644 of the Head Start Act (42 U.S.C. 9839) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Standards.--Each Head Start agency shall observe
standards of organization, management, and administration which
will ensure, so far as reasonably possible, that all program
activities are conducted in a manner consistent with the
purposes of this subchapter and the objective of providing
assistance effectively, efficiently, and free of any taint of
partisan political bias or personal or family favoritism. Each
such agency shall establish or adopt rules to carry out this
section, which shall include rules to assure full staff
accountability in matters governed by law, regulations, or
agency policy. Each agency shall also provide for reasonable
public access to information, including public hearings at the
request of appropriate community groups and reasonable public
access to books and records of the agency or other agencies
engaged in program activities or operations involving the use
of authority or funds for which it is responsible.
``(2) Annual report.--Each Head Start agency shall make
available to the public a report published at least once in
each fiscal year that discloses the following information from
the then most recently concluded fiscal year, except that
reporting such information shall not reveal personally
identifiable information about an individual child or parent:
``(A) The total amount of public and private funds
received and the amount from each source.
``(B) An explanation of budgetary expenditures and
proposed budget for the following fiscal year.
``(C) The total number of children and families
served and percent of average monthly enrollment,
including the percent of eligible children served.
``(D) The results of the most recent review by the
Secretary and the financial audit.
``(E) The percentage of enrolled children that
received medical and dental exams.
``(F) Information about parent involvement
activities.
``(G) The agency's efforts to prepare children for
kindergarten.
``(H) Any other information required by the
Secretary.
``(3) Procedural conduct.--Each such agency shall adopt for
itself and other agencies using funds or exercising authority
for which it is responsible, rules designed to--
``(A) establish specific standards governing
salaries, salary increases, travel and per diem
allowances, and other employee benefits;
``(B) assure that only persons capable of
discharging their duties with competence and integrity
are employed and that employees are promoted or
advanced under impartial procedures calculated to
improve agency performance and effectiveness;
``(C) guard against personal or financial conflicts
of interest; and
``(D) define employee duties in an appropriate
manner which will in any case preclude employees from
participating, in connection with the performance of
their duties, in any form of picketing, protest, or
other direct action which is in violation of law.'',
and
(2) by amending subsection (f) to read as follows:
``(f) Facilities.--
``(1) The Secretary shall establish uniform procedures for
Head Start agencies to request approval to purchase facilities,
or to request approval of the purchase (after December 31,
1986) of facilities, to be used to carry out Head Start
programs. The Secretary shall suspend any proceedings pending
against any Head Start agency to claim costs incurred in
purchasing such facilities until the agency has been afforded
an opportunity to apply for approval of the purchase and the
Secretary has determined whether the purchase will be approved.
The Secretary shall not be required to repay claims previously
satisfied by Head Start agencies for costs incurred in the
purchase of such facilities.
``(2) Financial assistance provided under this subchapter
may not be used by a Head Start agency to purchase a facility
(including paying the cost of amortizing the principal and
paying interest on loans) to be used to carry out a Head Start
program unless the Secretary approves a request that is
submitted by such agency and contains--
``(A) a description of the consultation conducted
by the Head Start agency with the providers in the
community demonstrating capacity and capability to
provide services under this subchapter, and of the
potential for collaboration with such providers and the
cost effectiveness of such collaboration as opposed to
the cost effectiveness of the purchase of a facility;
``(B) a description of the site of the facility
proposed to be purchased or that was previously
purchased;
``(C) the plans and specifications of such
facility;
``(D) information demonstrating that--
``(i) the proposed purchase will result, or
the previous purchase has resulted, in savings
when compared to the costs that would be
incurred to acquire the use of an alternative
facility to carry out such program; or
``(ii) the lack of alternative facilities
will prevent, or would have prevented, the
operation of such program;
``(E) in the case of a request regarding a
previously purchased facility, information
demonstrating that the facility will be used
principally as a Head Start center, or a direct support
facility for a Head Start program; and
``(F) such other information and assurances as the
Secretary may require.
``(3) Upon a determination by the Secretary that suitable
facilities are not otherwise available to Indian tribes to
carry out Head Start programs, and that the lack of suitable
facilities will inhibit the operation of such programs, the
Secretary may authorize the use of financial assistance, from
the amount reserved under section 640(a)(2)(A), to make
payments for the purchase of facilities owned by such tribes.
The amount of such a payment for such a facility shall not
exceed the fair market value of the facility.''.
SEC. 12. PARTICIPATION IN HEAD START PROGRAMS.
Section 645 of the Head Start Act (42 U.S.C. 9840) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1)(B)(i) to read as
follows:
``(i) programs assisted under this
subchapter may include, to a reasonable extent,
participation of children in the area served
who would benefit from such programs, including
children referred by child welfare services,
but whose families do not meet the low-income
criteria prescribed pursuant to subparagraph
(A) (A homeless child shall be deemed to meet
the low-income criteria.); and'', and
(B) by adding at the end the following:
``(3) The amount of a basic allowance provided under section 403 of
title 37, United States Code, on behalf of an individual who is a
member of the uniformed services for housing that is acquired or
constructed under the authority of subchapter IV of chapter 169 of
title 10, United States Code, or any other related provision of law,
shall not be considered to be income for purposes of determining the
eligibility of a child of the individual for programs assisted under
this subchapter.
``(4)(A) Upon written request and pursuant to the requirements of
this paragraph, a Head Start agency may use funds under section 640(a)
to serve infants and toddlers if the agency submits an application to
the Secretary containing the following information, as specified in
rules issued by the Secretary--
``(i) the amount of funds under section 640(a) that are
proposed to be used in accordance with section 645A(b);
``(ii) a community-wide needs assessment demonstrating how
the use of such funds would best meet the needs of the
community;
``(iii) a description of how the needs of pregnant women,
and of infants and toddlers, will be addressed in accordance
with section 645A(b), and with regulations prescribed by the
Secretary pursuant to section 641A in areas including the
agency's approach to child development and provision of health
services, approach to family and community partnerships, and
approach to program design and management;
``(iv) a description of how the needs of eligible Head
Start children will be met in the community;
``(v) assurances that the agency will participate in
technical assistance activities (including a planning period,
start-up site visits, and national training activities) in the
same manner as recipients of grants under section 645A; and
``(vi) evidence that the agency meets the same eligibility
criteria as recipients of grants under section 645A.
``(B) An application that satisfies the requirements specified in
subparagraph (A) shall be approved by the Secretary unless the
Secretary finds that--
``(i) the agency lacks adequate capacity and capability to
carry out an effective Early Head Start program; or
``(ii) the information provided under subparagraph (A) is
inadequate.
``(C) Any Head Start agency approved under subparagraph (B) shall
be considered to be an entity that receives assistance under section
645A, and such funds under (i) shall be subject to the same rules,
regulations, and conditions as apply to recipients of grants under
section 645A.
``(5)(A) Upon written request and pursuant to the requirements of
this paragraph, a Head Start agency may consider children from low-
income families to be eligible for participation in programs assisted
under this subchapter if their family income is at or above the poverty
line but below 130 percent of the poverty line, if the agency submits
an application to the Secretary containing the following information,
as specified in rules issued by the Secretary--
``(i) a description of how the needs of eligible Head Start
children, as described in paragraph (1)(A) are being adequately
met in the agency's service area;
``(ii) a description of outreach efforts to the community
to reach full enrollment under the eligibility guidelines under
paragraph (1), including using outreach efforts that are
linguistically and culturally appropriate;
``(iii) assurance that the agency will prioritize serving
children currently eligible under the guidelines under
paragraph (1); and
``(iv) a description of why increasing the number of
infants and toddlers being served, as described in paragraph
(4), is not appropriate based upon the communitywide needs
assessment or the agency's capability.
``(B) In approving such applications, the Secretary shall take into
account the--
``(i) cost of living for families living in the area served
by the Head Start agency;
``(ii) the efforts the Head Start agency has undertaken to
be fully enrolled under the eligibility criteria in paragraph
(1); and
``(iii) the policies and procedures the Head Start agency
will implement to ensure that children currently eligible under
the criteria described under paragraph (1) will be prioritized.
``(C) No more than 20 percent of children served by such Head Start
agency may be from families above the poverty line.'',
(2) in subsection (c) by striking ``(age 3 to compulsory
school attendance)'', and
(3) in subsection (d) by adding at the end the following:
``(4) Notwithstanding any other provision of this Act, an Indian
tribe that operates both a Head Start program and an Early Head Start
program under section 645A may, at its discretion, at any time during
the grant period involved, reallocate funds between the Head Start
program and the Early Head Start program in order to address
fluctuations in client population, including pregnant women and
children birth to compulsory school age. The reallocation of such funds
between programs by an Indian tribe shall not serve as the basis for
the Secretary to reduce a base grant (as defined in section 641A(g)(1))
for either program in succeeding years.''.
SEC. 13. EARLY HEAD START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended to
read as follows:
``SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH CHILDREN UNDER
3 YEARS OF AGE.
``(a) In General.--The Secretary shall make grants, in accordance
with this section for programs (to be known as `Early Head Start
programs') that provide family-centered services for low-income
families with very young children designed to promote the development
of the children, and to enable their parents to fulfill their roles as
parents and to move toward self-sufficiency. Faith-based and community-
based organizations continue to be eligible, on the same basis as other
organizations, to participate in any program under this section for
which they are otherwise eligible.
``(b) Scope and Design of Programs.--In carrying out a program
described in subsection (a), an entity receiving assistance under this
section shall--
``(1) provide, either directly or through referral, early,
continuous, intensive, and comprehensive child development and
family support services that will enhance the physical, social,
emotional, and intellectual development of participating
children;
``(2) ensure that the level of services provided to
families responds to their needs and circumstances;
``(3) promote positive parent-child interactions;
``(4) provide services to parents to support their role as
parents (including parenting skills training and training in
basic child development) and to help the families move toward
self-sufficiency (including educational and employment services
as appropriate);
``(5) coordinate services with services provided by
programs in the State (including home-based services) and
programs in the community (including programs for infants and
toddlers with disabilities and programs for homeless infants
and toddlers) to ensure a comprehensive array of services (such
as health and mental health services and family support
services);
``(6) ensure formal linkages with local Head Start programs
in order to provide for continuity of services for children and
families;
``(7) in the case of a Head Start agency that operates a
program and that also provides Head Start services through the
age of mandatory school attendance, ensure that children and
families participating in the program receive such services
through such age;
``(8) ensure formal linkages with the agencies and entities
described in section 644(b) of the Individuals with
Disabilities Education Act (20 U.S.C. 1444(b)) and providers of
early intervention services for infants and toddlers with
disabilities under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) and the agency responsible for
administering section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a);
``(9) develop and implement a systematic procedure for
transitioning children and parents from an Early Head Start
program under this section into a Head Start program or other
local early childhood education program;
``(10) establish channels of communication between staff of
Early Head Start programs under this section and staff of Head
Start programs or other local early childhood education
programs, to facilitate the coordination of programs; and
``(11) meet such other requirements concerning design and
operation of the program described in subsection (a) as the
Secretary may establish.
``(c) Persons Eligible To Participate.--Persons who may participate
in programs described in subsection (a) include--
``(1) pregnant women; and
``(2) families with children under age 3;
who meet the income criteria specified for families in section
645(a)(1).
``(d) Eligible Service Providers.--To be eligible to receive
assistance under this section, an entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require. Entities that may apply to
carry out activities under this section include--
``(1) entities operating Head Start programs under this
subpart;
``(2) Indian Head Start programs; and
``(3) other public entities, and nonprofit or for-profit
private entities, including community-based and faith-based
organizations, capable of providing child and family services
that meet the standards for participation in programs under
this subchapter and meet such other appropriate requirements
relating to the activities under this section as the Secretary
may establish.
``(e) Selection of Grant Recipients.--From the portion specified in
section 640(a)(6), the Secretary shall award grants under this
subsection on a competitive basis to applicants meeting the criteria
specified in subsection (d) (giving priority to entities with a record
of providing early, continuous, and comprehensive childhood development
and family services).
``(f) Distribution.--In awarding grants to eligible applicants
under this section, the Secretary shall--
``(1) ensure an equitable national geographic distribution
of the grants; and
``(2) award grants to applicants proposing to serve
communities in rural areas and to applicants proposing to serve
communities in urban areas.
``(g) Monitoring, Training, Technical Assistance, and Evaluation.--
``(1) Requirement.--To ensure the successful operation of
programs assisted under this section, the Secretary shall use
funds from the portion specified in section 640(a)(6) to
monitor the operation of such programs, evaluate their
effectiveness, and provide training and technical assistance
tailored to the particular needs of such programs.
``(2) Training and technical assistance account.--
``(A) In general.--Of the amount made available to
carry out this section for any fiscal year, not less
than 5 percent, and not more than 10 percent, shall be
reserved to fund a training and technical assistance
account. In determining the amount so reserved, the
Secretary shall consider the number of new programs
serving pregnant women, infants, toddlers, and their
families, recognizing their need for more intensive
training and technical assistance services during
program expansion.
``(B) Activities.--Of the funds in the account
described in subparagraph (A)--
``(i) not less than 50 percent shall be
available to local entities that carry out
Early Head Start programs for training and
technical assistance activities in order to
make program improvements identified by such
entities;
``(ii) not less than 30 percent shall be
available to the Secretary to support a State-
based system of early childhood education
training and technical assistance to local
entities that carry out Early Head Start
programs that shall meet the requirements of
subparagraph (C), including the creation,
management, and support of a national network
of the State-based infant-toddler specialists
specified in such subparagraph; and
``(iii) the remainder of such amount shall
be available to the Secretary to assist local
entities that carry out Early Head Start
programs in meeting and exceeding the standards
described in section 641A(a)(1), including--
``(I) making grants to, and
entering into contracts with,
organizations with specialized
expertise relating to infants,
toddlers, and families and the capacity
needed to provide direction and support
to a national training and technical
assistance system, in order to provide
such direction and support;
``(II) providing ongoing training
and technical assistance on Early Head
Start program development and
improvement for regional staff charged
with monitoring and overseeing the
administration of the program carried
out under this section;
``(III) developing training and
technical assistance materials and
resources to support program
development and improvement and best
practices in providing services to
children and families served by Early
Head Start programs;
``(IV) creating special training
and technical assistance initiatives
targeted to serving high risk
populations, such as children in the
child welfare system and homeless
children;
``(V) providing ongoing training
and technical assistance to Early Head
Start grantees, and support and program
planning and implementation assistance
for new recipients of such grants,
including the conversion of Head Start
grants to Early Head Start grants; and
``(VI) providing professional
development designed to increase
program participation for underserved
populations of eligible children.
``(C) Contracts.--For the purposes of delivering a
State-based training and technical assistance system,
as described in subparagraph (B)(ii), that will meet
the needs of local grantees and provide high quality,
sustained, and intensive training and technical
assistance on programming for infants and toddlers to
Early Head Start programs and in order to help such
programs meet or exceed the program performance
standards described in section 641A(a)(1), the
Secretary shall--
``(i) enter into contracts in each State
with 1 or more entities that have a
demonstrated expertise in supporting the
delivery of high quality programs for pregnant
women and children less that 3 years of age,
except that bi-State or multi-State contracts
may be entered into if the demographics of
proximal States make such a system more
appropriate;
``(ii) ensure that contracts awarded under
clause (I) are in an amount sufficient to
provide for each state a minimum of one full-
time specialist with expertise in the
development of children under age three and
programming for pregnant women and such
children;
``(iii) to the maximum extent practicable,
ensure that the contracts awarded Under clause
(I) and the services provided therein are
integrated with and augment the contract or
contracts awarded and services provided under
section 648 (n); and
``(iv) ensure that the entities described
in clause (I) determine the types of services
to be provided through consultation with--
``(I) local entities that carry out
Early Head Start programs;
``(II) the State Head Start
collaboration office; and
``(III) the State Head Start
Association.
``(h) Center-Based Staff.--The Secretary shall ensure that, not
later than September 30, 2009, all teachers providing direct services
to children and families participating in early Head Start programs
located in early Head Start centers have a minimum of a child
development associate credential, and have been trained (or have
equivalent course work) in early childhood development.
``(i) Staff Qualifications and Development.--
``(1) Home visitor staff standards.--In order to further
enhance the quality of home visiting services provided to
families of children participating in home-based, center-based,
or combination program options under this subchapter, the
Secretary shall establish standards for training,
qualifications, and the conduct of home visits for home visitor
staff in Early Head Start programs.
``(2) Contents of standards.--The standards for training,
qualifications, and the conduct of home visits shall include
content related to--
``(A) structured child-focused home visiting that
promotes parents' ability to support the child's
cognitive, social, emotional, and physical development;
``(B) effective strengths-based parent education,
including methods to encourage parents as their child's
first teachers;
``(C) early childhood development with respect to
children from birth through age 3;
``(D) methods to help parents promote emergent
literacy in their children from birth through age 3;
``(E) ascertaining what health and developmental
services the family receives and working with these
providers to eliminate gaps in service by offering
annual health, vision, hearing, and developmental
screening for children from birth to entry into
kindergarten, when needed;
``(F) strategies for helping families coping with
crisis; and
``(G) the relationship of health and well-being of
pregnant women to prenatal and early child
development.''.
SEC. 14. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES.
The Head Start Act (42 U.S.C. 9831) is amended by inserting after
section 645A the following:
``SEC. 645B. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES.
``(a) Definitions.--For purposes of this section:
``(1) The term `health care service' includes--
``(A) any nonemergency intrusive physical
examination; and
``(B) any screening, including but not limited to,
a medical, dental, developmental, mental health,
social, or behavioral screening.
``(2) The term `nonemergency intrusive physical
examination' means, with respect to a child, a physical
examination that--
``(A) is not immediately necessary to protect the
health or safety of such child, or the health or safety
of another individual; and
``(B) includes incision or is otherwise invasive,
or includes exposure of private body parts.
``(b) Requirement.--Before administering any health care service to
a child (or referring a child to obtain such service) in connection
with participation in a program under this subchapter, a Head Start
agency and an entity that receives assistance under section 645A shall
obtain the written consent of a parent of such child indicating consent
for each specific health care service to be performed.
``(c) Rule of Construction.--
``(1) Nothing in this section shall be construed to
prohibit a Head Start agency or an entity that receives
assistance under section 645A from using established methods
for handling cases of suspected or known child abuse and
neglect, that are in compliance with applicable Federal, State,
or tribal law.
``(2) Nothing in this subchapter shall be construed to
permit a Head Start agency, an entity that receives assistance
under section 645A, or the personnel of such agency or entity
to administer any health care service to a child (or to refer a
child to obtain such service) without the informed written
consent of a parent of such child indicating consent for each
specific health care service to be performed.
``(3) Nothing in this section shall be construed to require
a Head Start agency or an entity that receives assistance under
section 645A to provide separate consent forms for each
specific health care service.''.
SEC. 15. APPEALS, NOTICE, AND HEARING.
Section 646(a)(3) of the Head Start Act (42 U.S.C. 9841(a)(3)) is
amended to read as follows:
``(3) if financial assistance under this subchapter is
terminated or reduced, an application for a noncompeting
continuation award is denied based on a previous failure to
comply with terms applicable to financial assistance previously
provided under this subchapter, or suspension of financial
assistance is continued for more than 30 days, the recipient
with respect to whom such action is taken shall have the
opportunity to appeal such action in accordance with such
procedures, except that no funds made available under this
subchapter may be used to reimburse any such recipient for
legal fees and other costs incurred in pursuing such an appeal;
and''.
SEC. 16. RECORDS AND AUDITS.
Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by
adding at the end the following:
``(c) Each recipient of financial assistance under this subchapter
shall--
``(1) maintain, and annually submit to the Secretary, a
complete accounting of its administrative expenses (including a
detailed statement identifying the amount of financial
assistance provided under this subchapter used to pay expenses
for salaries and compensation and the amount (if any) of other
funds used to pay such expenses);
``(2) within 30 days after the completion of an audit
conducted in the manner and to the extent provided in chapter
75 of title 31, United States Code (commonly known as the
`Single Audit Act Amendments of 1996'), submit to the Secretary
a copy of the audit management letter and of any audit findings
as it relates to the Head Start program; and
``(3) provide such additional documentation as the
Secretary may require.''.
SEC. 17. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the Head Start Act (42 U.S.C. 9843) is amended to
read as follows:
``SEC. 648. TECHNICAL ASSISTANCE AND TRAINING.
``(a) The Secretary shall provide, directly or through grants or
other arrangements--
``(1) technical assistance to communities in developing,
conducting, and administering programs under this subchapter;
and
``(2) training for specialized or other personnel needed in
connection with Head Start programs, in accordance with the
process, and the provisions for allocating resources, set forth
in subsections (b) and (c).
``(b) The process for determining the technical assistance and
training activities to be carried out under this section shall--
``(1) ensure that the needs of local Head Start agencies
and programs relating to improving program quality and to
program expansion are addressed to the maximum extent feasible;
``(2) incorporate mechanisms to ensure responsiveness to
local needs, including an ongoing procedure for obtaining input
from the individuals and agencies carrying out Head Start
programs; and
``(3) ensure the provision of technical assistance to
assist Head Start agencies, entities carrying out other child
care and early childhood programs, communities, and States in
collaborative efforts to provide quality full-working-day, full
calendar year services, including technical assistance related
to identifying and assisting in resolving barriers to
collaboration.
``(c) In allocating resources for technical assistance and training
under this section, the Secretary shall--
``(1) give priority consideration to--
``(A) activities to correct program and management
deficiencies identified through reviews carried out
pursuant to section 641A(c) (including the provision of
assistance to local programs in the development of
quality improvement plans under section 641A(d)(2));
and
``(B) assisting Head Start agencies in--
``(i) ensuring the school readiness of
children; and
``(ii) meeting the educational performance
measures described in section 641A(b)(4);
``(2) supplement amounts provided under section
640(a)(3)(C)(ii) in order to address the training and career
development needs of classroom staff (including instruction for
providing services to children with disabilities), and
nonclassroom staff, including home visitors and other staff
working directly with families, including training relating to
increasing parent involvement and services designed to increase
family literacy and improve parenting skills;
``(3) assist Head Start agencies in the development of
collaborative initiatives with States and other entities within
the States, to foster effective early childhood professional
development systems;
``(4) provide technical assistance and training, either
directly or through a grant, contract, or cooperative agreement
with an entity that has experience in the development and
operation of successful family literacy services programs, for
the purpose of--
``(A) assisting Head Start agencies providing
family literacy services, in order to improve the
quality of such family literacy services; and
``(B) enabling those Head Start agencies that
demonstrate effective provision of family literacy
services, based on improved outcomes for children and
their parents, to provide technical assistance and
training to other Head Start agencies and to service
providers that work in collaboration with such agencies
to provide family literacy services;
``(5) assist Head Start agencies and programs in conducting
and participating in community-wide strategic planning and
needs assessment, including the needs of homeless children and
their families;
``(6) assist Head Start agencies and programs in developing
and implementing full-working-day and full-calendar-year
programs where community need is clearly identified and making
the transition to such programs, with particular attention to
involving parents and programming for children throughout the
day, and assist the agencies and programs in expediting the
sharing of information about innovative models for providing
full-working-day, full calendar year services for children;
``(7) assist Head Start agencies in better serving the
needs of families with very young children;
``(8) assist Head Start agencies and programs in the
development of sound management practices, including financial
management procedures;
``(9) assist in efforts to secure and maintain adequate
facilities for Head Start programs;
``(10) assist Head Start agencies in developing innovative
program models, including mobile and home-based programs;
``(11) provide support for Head Start agencies (including
policy councils and policy committees) that meet the standards
described in section 641A(a) but that have, as documented by
the Secretary through reviews conducted pursuant to section
641A(c), significant programmatic, quality, and fiscal issues
to address;
``(12) assist Head Start agencies and programs in
increasing program participation of homeless children;
``(13) assist Head Start agencies and Head Start programs
in improving outreach to, and the quality of services available
to, limited English proficient children and their families,
particularly in communities that have experienced a large
percentage increase in the population of limited English
proficient individuals, as measured by the Bureau of the
Census;
``(14) assist Head Start agencies in developing appropriate
methods and approaches for identifying and working with
children and families experiencing toxic stress;
``(15) assist programs in improving outreach to serve
additional children with disabilities, if such program's
enrollment opportunities or funded enrollment for children with
disabilities is less than 10 percent;
``(16) provide assistance to address the unique needs of
programs located in rural communities, including--
``(A) removing barriers related to the recruitment
and retention of Head Start teachers in rural
communities;
``(B) developing innovative and effective models of
professional development for improving staff
qualifications and skills for staff living in rural
communities;
``(C) removing barriers related to outreach efforts
to eligible families in rural communities;
``(D) removing barriers to parent involvement in
Head Start programs in rural communities;
``(E) removing barriers to providing home visiting
services in rural communities; and
``(F) removing barriers to obtaining health
screenings for Head Start participants in rural
communities; and
``(17) assist Head Start agencies and programs to increase
the capacity of classroom staff to meet the needs of eligible
children in inclusive classrooms.
``(d) The Secretary may provide, either directly or through grants
to public or private nonprofit entities, training for Head Start
personnel in the use of the performing and visual arts and interactive
programs using electronic media to enhance the learning experience of
Head Start children. Special consideration shall be given to entities
that have demonstrated effectiveness in educational programming for
preschool children that includes components for parental involvement,
care provider training, and developmentally appropriate related
activities.
``(e) The Secretary shall provide, either directly or through
grants or other arrangements, funds from programs authorized under this
subchapter to support an organization to administer a centralized child
development and national assessment program leading to recognized
credentials for personnel working in early childhood development and
child care programs, training for personnel providing services to
limited English proficient children (including services to promote the
acquisition of the English language), training for personnel providing
services to children determined to be abused or neglected, training for
personnel providing services to children referred by or receiving child
welfare services, training for personnel in helping children cope with
community violence, resource access projects for personnel working with
disabled children, and training for appropriate personnel to recognize
common health, including mental health, problems in children for
appropriate referral.
``(f) The Secretary shall provide, either directly or through
grants, or other arrangements, funds for training of Head Start
personnel in addressing the unique needs of migrant and seasonal
working families, families with 1 or more children with disabilities,
families with a limited English proficiency, homeless families, and
children and families experiencing toxic stress.
``(g) More than 50 percent of funds expended under this section
shall be used to provide high quality, sustained, intensive, and
classroom-focused training and technical assistance in order to have a
positive and lasting impact on classroom instruction. Funds shall be
used to carry out activities related to any or all of the following:
``(1) Education and early childhood development.
``(2) Child health, nutrition, and safety.
``(3) Family and community partnerships and services.
``(4) Other areas that impact the quality or overall
effectiveness of Head Start programs.
``(h) The Secretary shall develop and implement a program of
outreach to recruit and train minority men to become Head Start
teachers in order to reflect the communities in which Head Start
children live and to increase the provision of quality services and
instruction to children with diverse backgrounds.
``(i) Funds under this subchapter used for training shall be used
for needs identified annually by a grant applicant or delegate agency
in their program improvement plan, except that funds shall not be used
for long-distance travel expenses for training activities available
locally or regionally or for training activities substantially similar
to locally or regionally available training activities.
``(j) Funds made available under section 640(a)(2)(C)(i) shall be
used by a Head Start agency for any of the following:
``(1) Activities that ensure that Head Start programs meet
or exceed the program performance standards described in
section 641A(a)(1).
``(2) Activities that ensure that Head Start programs have
adequate numbers of trained, qualified staff who have skills in
working with children and families, including children and
families who are limited English proficient and children with
disabilities.
``(3) Activities to pay expenses, including direct training
for expert consultants working with any staff, to improve the
management and implementation of Head Start services and
systems.
``(4) Activities that help ensure that Head Start programs
have qualified staff who can promote language skills and
literacy growth of children and who can provide children with a
variety of skills that have been identified as predictive of
later reading achievement, school success, and the skills,
knowledge, abilities, development, and progress described in
section 641A(a)(1)(B)(ii).
``(5) Activities to improve staff qualifications and to
assist with the implementation of career development programs
and to encourage the staff to continually improve their skills
and expertise, including developing partnerships with programs
that recruit, train, place, and support college students in
Head Start centers to deliver an innovative early learning
program to preschool children.
``(6) Activities that help local programs ensure that the
arrangement, condition, and implementation of the learning
environments in Head Start programs are conducive to providing
effective program services to children and families.
``(7) Activities to provide training necessary to improve
the qualifications of Head Start staff and to support staff
training, child counseling, health services, and other services
necessary to address the needs of children enrolled in Head
Start programs, including children from families in crises,
children who experience chronic violence or homelessness,
children who experience substance abuse in their families, and
children under 3 years of age, where applicable.
``(8) Activities to provide classes or in-service-type
programs to improve or enhance parenting skills, job skills,
adult and family literacy, including financial literacy, or
training to become a classroom aide or bus driver in a Head
Start program.
``(9) Additional activities deemed appropriate to the
improvement of Head Start agencies' programs, as determined by
the agencies' technical assistance and training plans.
``(10) Any other activities regarding the use of funds as
determined by the Secretary.
``(k) The Secretary shall--
``(1) work in collaboration with the Head Start agencies
that carry out Indian Head Start programs, the Indian Head
Start collaboration director, and other appropriate entities,
including tribal governments and the National Indian Head Start
Directors Association--
``(A) to undertake a study or set of studies
designed to focus on the American Indian and Alaska
Native Head Start-eligible population, with a focus on
issues such as curriculum development, availability and
need for services, appropriate research methodologies
and measures for these populations, and best practices
for teaching and educating American Indian and Alaska
Native Head Start Children;
``(B) to accurately determine the number of
children nationwide who are eligible to participate in
Indian Head Start programs each year;
``(C) to document how many of these children are
receiving Head Start services each year;
``(D) to the extent practicable, to ensure that
access to Indian Head Start programs for eligible
children is comparable to access to other Head Start
programs for other eligible children; and
``(E) to make the funding decisions required in
section 640(a)(2)(A)(iii), after completion of the
studies required in that section, taking into account:
``(i) the Federal government's unique trust
responsibility to American Indians and Alaska
Natives;
``(ii) limitations faced by tribal
communities in accessing non-Federal sources of
funding to supplement Federal funding for early
childhood programs; and
``(iii) other factors that uniquely and
adversely impact children in American Indian
and Alaska Native communities such as highly
elevated poverty, unemployment and violent
crime rates, as well as depressed levels of
educational achievement and limited access to
non-Federal health, social and educational
resources;
``(2) in carrying out paragraph (1), consult with the
Secretary of Education about the Department of Education's
systems for collecting and reporting data about, and
maintaining records on, American Indian and Alaska Native
students;
``(3) not later than 9 months after the effective date of
this subsection, publish in the Federal Register a notice of
how the Secretary plans to carry out paragraph (1) and shall
provide a period for public comment. To the extent practicable,
the Secretary shall consider comments received before
submitting a report to the Congress;
``(4) not later than 1 year after the effective date of
this subsection, submit a report to the Committee on Education
and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate, detailing
how the Department of Health and Human Services plans to carry
out paragraph (1);
``(5) through regulation, ensure the confidentiality of any
personally identifiable data, information, and records
collected or maintained by the Secretary, by Head Start
agencies that carry out Indian Head Start programs, and by
State Directors of Head Start Collaboration, by the Indian Head
Start Collaboration Project Director and by other appropriate
entities pursuant to this subsection (Such regulations shall
provide the policies, protections, and rights equivalent to
those provided a parent, student, or educational agency or
institution under section 444 of the General Education
Provisions Act.); and
``(6) ensure that nothing in this subsection shall be
construed to authorize the development of a nationwide database
of personally identifiable information on individuals involved
in studies or other collections of data under this subsection.
``(l) The Secretary shall--
``(1) in order to increase access to Head Start services
for eligible migrant and seasonal children, work in
collaboration with migrant and seasonal Head Start providers,
the Department of Agriculture (land grant universities), the
Department of Labor, the Bureau of Migrant Health, and the
Department of Education to--
``(A) establish a system for collecting and
reporting data on farm workers and their families in
order to adequately account for the number of seasonal
and migrant children that are eligible for Head Start
and determine how many of these eligible children
receive services;
``(B) identify barriers that prevent eligible
migrant and seasonal children from accessing Head Start
services and develop a plan for eliminating barriers
and increasing enrollment; and
``(C) develop a system through which migrant and
seasonal Head Start programs can effectively track
health records and educational documents as a child
moves from State to State;
``(2) not later than 6 months after the effective date of
this subsection, publish in the Federal Register a notice on
how the Secretary plans to carry out the activities identified
in paragraph (1) and shall provide a period for public comment.
To the extent practicable, the Secretary shall consider
comments received before implementing any of the activities
identified in paragraph (1);
``(3) not later than 1 year after the effective date of
this subsection, submit a report to the Committee on Education
and Labor of the House of Representatives and the Health,
Education, Labor and Pensions Committee of the Senate detailing
how the Secretary plans to carry out the activities identified
in (1);
``(4) submit a report to Congress annually on the migrant
and seasonal Head Start program including a report on the
progress made in carrying out the activities identified in
paragraph (1), the progress made in reaching out to and serving
eligible migrant and seasonal children, and information on
states where migrant and seasonal children are still
underserved;
``(5) through regulation, ensure the protection of the
confidentiality of any personally identifiable data,
information, and records collected or maintained by the
Secretary, by Head Start agencies that carry out migrant and
seasonal Head Start programs, by the State director of Head
Start Collaboration, by the Migrant and Seasonal Farmworker
Collaboration project Director (Such regulations shall provide
the policies, protections, and rights equivalent to those
provided a parent, student, or educational agency or
institution under section 444 of the General Education
Provisions Act.); and
``(6) ensure that nothing in this subsection shall be
construed to authorize the development of a nationwide database
of personally identifiable information on individuals involved
in studies or other collections of data under this subsection.
``(m) For purposes of this section, the term `eligible entities'
means an institution of higher education or other entity with expertise
in delivering training in early childhood development, family support,
and other assistance designed to improve the delivery of Head Start
services.
``(n) For the purposes of delivering a State-based training and
technical assistance system, as described in section 640(a)(C)(ii),
that will meet the needs of local grantees and provide high quality,
sustained, and intensive training and technical assistance to Head
Start programs in order to help them meet or exceed the program
performance standards described in section 641A(a)(1), the Secretary
shall--
``(1) enter into contracts in each State with 1 or more
entities who have a demonstrated expertise in supporting the
delivery of high quality early education programs, except that
bi-State contracts may be entered in to if the demographics of
proximal States make such a system more appropriate;
``(2) ensure that the entities described in subparagraph
(1) determine the types of services to be provided through
consultation with--
``(A) local Head Start agencies;
``(B) the State Head Start collaboration office;
and
``(C) the State Head Start Association;
``(3) provide a report, to the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate. No later
than 90 days after the end of the fiscal year, summarizing the
funding for such contracts and the activities carried out
thereunder.
``(4) periodically evaluate the usefulness of the delivery
of services in each State and their effectiveness in promoting
program quality; and
``(5) ensure that in entering into such contracts as
described in paragraph (1), such entities will address the
needs of grantees in both urban and rural communities.
``(o) To support enhanced early language and preliteracy
development of children in Head Start programs, and to provide the
children with high-quality oral language skills, and environments that
are rich in literature, in which to acquire language and preliteracy
skills, each Head Start agency shall ensure that--
``(1) all of the agency's Head Start teachers receive
ongoing training in language and emergent literacy (referred to
in this subsection as `literacy training'), and including
appropriate curricula and assessment to improve instruction and
learning;
``(2) such literacy training shall include training in
methods to promote vocabulary development and phonological
awareness (including phonemic awareness) in a developmentally,
culturally, and linguistically appropriate manner and support
children's development in their home language;
``(3) the literacy training shall include training in how
to work with parents to enhance positive language and early
literacy development at home;
``(4) the literacy training shall include specific methods
to best address the needs of children who are limited English
proficient; and
``(5) the literacy training shall include training on how
to best address the language and literacy needs of children
with disabilities, including training on how to work with
specialists in language development.
``(p) The Secretary is encouraged to contract, on a competitive
basis, with an institution of higher education (as defined in section
102 of the Higher Education Act of 1965) to develop an on-line
graduate-level professional development program with the goal of
improving the leadership of those working in Head Start programs and
improving teacher quality and the capacity of effective Head Start
teachers.
``(q) Indoor Air Quality.--The Secretary shall consult with experts
on issues of air quality related to children's health and inform Head
Start agencies of existing programs or combination of programs that
provide methods for improving indoor air quality.
``(r) Demonstration for Career Ladder Partnerships With Tribal
Colleges and Hispanic-Serving Institutions.--
``(1) Tribal college career ladder demonstration program.--
The Secretary is authorized to award demonstration grants, for
periods of not less than 5 years, to tribal colleges and
universities to--
``(A) implement education programs that include
education concerning tribal culture and language and
increase the number of associate, baccalaureate, and
graduate degrees in early childhood and related fields
that are earned by Indian Head Start agency staff
members, parents of children served by such an agency,
and members of the tribal community involved;
``(B) develop and implement the programs under
subparagraph (A) in technology-mediated formats,
including providing the programs through such means as
distance learning and use of advanced technology, as
appropriate; and
``(C) provide technology literacy programs for
Indian Head Start agency staff members and children and
families of children served by such an agency.
``(2) Hispanic-serving institutions career ladder
demonstration program.--The Secretary is authorized to award
demonstration grants, for periods of not less than 5 years, to
Hispanic-serving institutions to--
``(A) provide assistance for stipends and costs
related to tuition, fees, and books for enrolling Head
Start agency staff members and parents of children
served by such an agency in courses required to
complete the degree and certification requirements to
become bilingual teachers in early childhood education
and related fields;
``(B) develop career ladder program curricula to
increase the number of associate's, bachelor's, and
graduate degrees earned by Head Start agency staff who
have the linguistic skills and expertise to teach in
programs serving a large number of limited English
proficient children and parents of children served by
such an agency; and
``(C) other activities to upgrade the skills and
qualifications of noncertified educational personnel to
meet the professional standards in section 648A(a)(1),
including certification and licensure as bilingual
education teachers and other educational personnel who
serve limited English proficient children.
``(3) Requirement.--Individuals who receive assistance
under paragraphs (1) and (2) shall subsequently teach in a Head
Start center for a period of time equivalent to the period for
which they received assistance or repay the amount of funds.
``(s) Historically Black Colleges and Universities Head Start
Partnerships.--In order to promote quality services and instruction to
children with diverse backgrounds, the Secretary shall work in
collaboration with Historically Black Colleges and Universities to--
``(1) implement education programs that include education
to increase the number of associate, baccalaureate, and
advanced degrees in early childhood education and related
fields that are earned by Head Start agency staff members, and
parents of children served by such an agency; and
``(2) carry out other activities to upgrade the skills and
qualifications of noncertified educational personnel to meet
the professional standards in section 648A(a).
Individuals who receive assistance under this paragraph shall
subsequently teach in a center-based Head Start program for a period of
time equivalent to the period for which they received assistance or
shall repay such assistance.''.
SEC. 18. STAFF QUALIFICATIONS AND DEVELOPMENT.
Section 648A of the Head Start Act (42 U.S.C. 9843a) is amended--
(1) in subsection (a)--
(A) by striking ``(a)'' and all that follows
through paragraph (2), and inserting the following:
``(a) Classroom Teachers.--
``(1) Professional requirements.--The Secretary shall
ensure that each Head Start classroom in a center-based program
is assigned 1 teacher who has demonstrated competency to
perform functions that include--
``(A) planning and implementing learning
experiences that advance the intellectual and physical
development of children, including improving the
readiness of children for school by developing their
literacy, phonemic, and print awareness, their
understanding and use of language, their understanding
and use of increasingly complex and varied vocabulary,
their appreciation of books, their understanding of
early math and early science, their problem solving
abilities, and their approaches to learning;
``(B) establishing and maintaining a safe, healthy
learning environment;
``(C) supporting the social and emotional
development of children; and
``(D) encouraging the involvement of the families
of the children in a Head Start program and supporting
the development of relationships between children and
their families.
``(2) Degree requirements.--
``(A) In general.--The Secretary shall ensure that
not later than September 30, 2013, at least 50 percent
of all Head Start teachers nationwide in center-based
programs have--
``(i) a baccalaureate, or advanced degree
in early childhood education;
``(ii) a baccalaureate or advanced degree
in a field related to early childhood
education, with experience in teaching
preschool children; or
``(iii) except that teachers providing
services in migrant and seasonal Head Start
classrooms that serve children under age 3
shall be required to meet the teacher
requirements described in section 645A(h).
``(B) Progress report.--
``(i) On an annual basis, each Head Start
agency shall provide to the Secretary a report
indicating the number and percentage of
classroom instructors with child development/
early childhood education associate credentials
and associate, baccalaureate, or advanced
degrees, and number of classroom instructors
who successfully transferred associate credit
and completed a baccalaureate degree
disaggregated by race, ethnicity, and
proficiency in a language other than English,
with a description of those languages.
``(ii) Not later than September 30, 2008
the Secretary shall compile and transmit
reports received under (i) to the Committee on
Education and Labor of the House of
Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
``(C) Progress.--Each Head Start agency shall
provide to the Secretary a report indicating the number
and percentage of teachers and teacher's aides with
child development associate credentials and associate,
baccalaureate, or advanced degrees. The Secretary shall
compile all program reports and make them available to
the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
``(D) Requirement for new head start teachers.--In
accordance with rules issued by the Secretary and made
effective 2 years after the effective date of this
subparagraph, all Head Start agencies shall require
that all Head Start teachers hired after such rules
take effect to provide Head Start services in center-
based programs--
``(i) have an associate, baccalaureate, or
advanced degree in early childhood education or
a related field; or
``(ii) be currently enrolled in a program
of study leading to an associate degree in
early childhood education or a related field,
and agree to complete degree requirements not
later than 3 years after the date of hire.
``(E) Service requirements.--The Secretary shall
establish requirements to ensure that individuals who
receive financial assistance under this subchapter in
order to comply with the requirements under section
648A(a)(2) shall subsequently teach in a Head Start
center for a period of time equivalent to the period
for which they received assistance or repay the amount
of the funds.
``(F) Limitation.--The Secretary shall require that
any Federal funds provided directly or indirectly to
comply with subparagraph (A) shall be used toward
degrees awarded by an institution of higher education,
as defined by section 101 or 102 of the Higher
Education Act (20 U.S.C. 1001, 1002).'', and
(B) in paragraph (3)--
(i) in subparagraph (B) by striking ``or''
at the end,
(ii) in subparagraph (C) by striking the
period at the end and inserting ``; or'', and
(iii) by adding at the end, the following:
``(D) a baccalaureate and has been admitted into
the Teach For America program, passed a rigorous early
childhood content exam, such as the Praxis II,
participated in a Teach For America summer training
institute that includes teaching preschool children,
and is receiving ongoing professional development and
support from Teach For America's professional staff.'',
and
(2) by amending subsection (c) to read as follows:
``(c) Family Service Workers.--To improve the quality and
effectiveness of staff providing in-home and other services (including
needs assessment, development of service plans, family advocacy, and
coordination of service delivery) to families of children participating
in Head Start programs, the Secretary, in coordination with concerned
public and private agencies and organizations examining the issues of
standards and training for family service workers, shall--
``(1) review and, as necessary, revise or develop new
qualification standards for Head Start staff providing such
services;
``(2) review, and as necessary, revise or develop maximum
caseload requirements, as suggested by best practices;
``(3) promote the development of model curricula (on
subjects including parenting training and family literacy)
designed to ensure the attainment of appropriate competencies
by individuals working or planning to work in the field of
early childhood and family services; and
``(4) promote the establishment of a credential that
indicates attainment of the competencies and that is accepted
nationwide.'', and
(3) is amended by adding at the end the following:
``(f) Professional Development Plans.--Each Head Start agency and
program shall create, in consultation with an employee, a professional
development plan for all full-time Head Start employees who provide
direct services to children and shall ensure that such plans are
regularly evaluated for their impact on teacher and staff
effectiveness.
``(g) Staff Recruitment and Selection Procedures.--Before a Head
Start agency employs an individual, such agency shall--
``(1) conduct an interview of such individual;
``(2) verify the personal and employment references
provided by such individual; and
``(3) obtain--
``(A) a State, tribal, or Federal criminal record
check covering all jurisdictions where the grantee
provides Head Start services to children;
``(B) a State, tribal, or Federal criminal record
check as required by the law of the jurisdiction where
the grantee provides Head Start services; or
``(C) a criminal record check as otherwise required
by Federal law.
``(h) Incentives for Head Start Teachers and Early Head Start
Teachers.--
``(1) Statement of purpose.--It is the purpose of this
subsection to encourage individuals to begin and continue
teaching in Head Start programs and Early Head Start programs.
``(2) Program authorized.--
``(A) In general.--From the sums appropriated
pursuant to paragraph (9), the Secretary of Education,
in consultation with the Secretary of Health and Human
Services, is authorized carry out a program to forgive,
in accordance with this subsection, the student loan
debt of any borrower who has one or more loans
described under subparagraph (B) made on or after
October 1, 1998, and who--
``(i) commits to working as a Head Start
teacher or an Early Head Start teacher for at
least 3 consecutive complete program years;
``(ii) has a bachelor's degree in a field
related to early childhood education; and
``(iii) is not in default on a loan for
which the borrower seeks forgiveness.
``(B) Method of loan forgiveness.--To provide the
loan forgiveness authorized in subclause (A), the
Secretary of Education, in consultation with the
Secretary of Health and Human Services, shall, subject
to subsubclause (C), carry out a program--
``(i) through the holder of the loan, to
assume the obligation to repay a qualified loan
amount for a loan made under section 428 or
428H of the Higher Education Act of 1965 (20
U.S.C. 1078, 1078-8); and
``(ii) to cancel a qualified loan amount
for a Federal Direct Stafford Loan or a Federal
Direct Unsubsidized Stafford Loan made under
part D of title IV of such Act (20 U.S.C. 1087a
et seq.).
``(C) Treatment of consolidation loans.--A loan
amount for a loan made under section 428C or section
455(g) of such Act (20 U.S.C. 1078-3, 1087e(g)) may be
a qualified loan amount for the purposes of subclause
(B) only to the extent that such loan amount was used
to repay a loan made under section 428 or 428H, a
Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan for a borrower who meets the
requirements of subclause (A), as determined in
accordance with regulations prescribed by the Secretary
of Education, in consultation with the Secretary of
Health and Human Services.
``(3) Qualified loan amount.--After the beginning of the
qualifying employment described in subparagraph (2)(A)(i) and
upon approval of a borrower's application under subparagraph
(5), the Secretary of Education, in consultation with the
Secretary of Health and Human Services, shall forgive under
this subsection not more than $10,000 of the student loan
obligation of a borrower that is outstanding at the beginning
of such employment.
``(4) Award basis.--Loan forgiveness under this subsection
shall be on a first-come, first-served basis and subject to the
availability of appropriations.
``(5) Application for forgiveness.--
``(A) In general.--Each borrower desiring loan
forgiveness under this subsection shall submit a
complete and accurate application to the Secretary of
Education at such time, in such manner, and containing
such information as the Secretary of Education, in
consultation with the Secretary of Health and Human
Services, may require.
``(B) Service agreement.--Each such application
shall contain an agreement by the borrower--
``(i) to complete the commitment described
in subclause (2)(A)(i) within 6 years after
receiving loan forgiveness under this
subsection; or
``(ii) to repay the portion required by the
regulations under subclause (6)(A) if the
borrower does not complete such commitment.
``(6) Repayment for failure to complete service.--
``(A) In general.--In the event that any recipient
of loan forgiveness under this subsection fails or
refuses to complete a portion of the recipient's
service obligation under the agreement required by
clause (5)(B), the same portion of the amounts of loans
forgiven under this subsection for such recipient shall
be subject to repayment in accordance with terms and
conditions, and in the amounts, specified by the
Secretary of Education, in consultation with the
Secretary of Health and Human Services, in regulations
under this subsection.
``(B) Forgiveness if deceased or disabled.--Such
regulations shall provide that, subject to the
availability of appropriations, an individual shall be
excused from repayment of any amount required under
subclause (A) if the individual dies or becomes
permanently and totally disabled (as determined in
accordance with such regulations).
``(7) Regulations.--The Secretary of Education, in
consultation with the Secretary of Health and Human Services,
is authorized to issue such regulations as may be necessary to
carry out the provisions of this subsection.
``(8) Construction.--Nothing in this subsection shall be
construed to authorize any refunding of any repayment of a
loan.
``(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2008 and each of the 4
succeeding fiscal years.
``(10) Definitions.--In this subsection:
``(A) Head start teacher.--The term `Head Start
teacher' means an individual who--
``(i) is employed by a Head Start agency or
an entity that carries out an Early Head Start
program, to provide for the education and care
of children who have not reached the age of
compulsory school attendance who are enrolled
in a Head Start program or an Early Head Start
program receiving funds under the Head Start
Act (42 U.S.C. 9831 et seq.); and
``(ii) who has, at a minimum, an
associate's degree in early childhood education
or a related field.
``(B) Program year.--The term `program year', where
applied to service as a Head Start teacher or an Early
Head Start teacher, means a program year as defined by
the Secretary of Health and Human Services.''.
SEC. 19. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is amended--
(1) by amending subsection (a)(1)(B) to read as follows:
``(B) use the Head Start programs to develop, test,
and disseminate new ideas and based on existing
scientifically based research, for addressing the needs
of low-income preschool children (including children
with disabilities, homeless children, children who have
been abused or neglected, and children in foster care)
and their families and communities (including
demonstrations of innovative non-center-based program
models such as home-based and mobile programs), and
otherwise to further the purposes of this
subchapter.'',
(2) in subsection (d)--
(A) in paragraph (8) by adding ``and'' at the end,
(B) by striking paragraphs (9) and (10) and insert
the following:
``(9) contribute to understanding the impact of Head Start
services delivered in inclusive classrooms on both children
with disabilities and children without disabilities, and
develop practices for increasing the availability and quality
of inclusive classrooms.''.
(3) in subsection (g)--
(A) in paragraph(1)(A)--
(i) by striking clause (i), and
(ii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively,
and
(B) by amending paragraph (7)(C) to read as
follows:
``(C) Transmittal of report to congress.--Not later
than September 30, 2009, the Secretary shall transmit
the final report to the Committee on Education and
Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the
Senate.'', and
(4) by amending subsection (h) to read as follows:
``(h) Limited English Proficient Children.--
``(1) Study.--Not later than 1 year after the date of
enactment of the Improving Head Start Act of 2007, the
Secretary shall conduct a study on the status of limited
English proficient children and their families participating
Head Start programs and Early Head Start programs.
``(2) Report.--The Secretary shall prepare and submit to
Congress, not later than September 2008, a report containing
the results of such study, including information on--
``(A)(i) the demographics of limited English
proficient children less than 5 years of age and the
geographical distribution of such children; and
``(ii) the number of such children receiving Head
Start services and the number of such children
receiving Early Head Start services, and the
geographical distribution of such children receiving
such services;
``(B) the nature of the Head Start services and of
the Early Head Start services provided to limited
English proficient children and their families,
including the types, content, duration, intensity, and
costs of family services, language assistance, and
educational services;
``(C) procedures in Head Start programs for
assessing language needs and for making the transition
of limited English proficient children to kindergarten,
including the extent to which Head Start programs meet
the requirements of section 642A for limited English
proficient children;
``(D) the qualifications and training provided to
Head Start teachers and Early Head Start teachers who
serve limited English proficient children and their
families;
``(E) the home languages of Head Start and Early
Head Start teachers;
``(F) the rate of progress made by limited English
proficient children and their families in Head Start
programs and in Early Head Start programs, including--
``(i) the rate of progress made by limited
English proficient children toward meeting the
additional educational standards described in
section 641A(a)(1)(B)(ii) while enrolled in
Head Start programs;
``(ii) a description of the type of
assessment or assessments used to determine the
rate of progress made by limited English
proficient children;
``(iii) the correlation between such
progress and the type and quality of
instruction and educational programs provided
to limited English proficient children; and
``(iv) the correlation between such
progress and the health and family services
provided by Head Start programs to limited
English proficient children and their families;
and
``(G) the extent to which Head Start programs make
use of funds under section 640(a)(3) to improve the
quality of Head Start services provided to limited
English proficient children and their families.
``(i) Children, Families, and Programs Affected by Hurricanes
Katrina and Rita.--
``(1) Purpose.--The purpose of this subsection is to
evaluate the status of Head Start and Early Head Start programs
affected by Hurricanes Katrina and Rita as well as the
challenges those programs have faced in reestablishing
themselves and reenrolling eligible children and families, with
the ultimate goal of providing all Head Start and Early Head
Start programs with recommendations for developing and
implementing disaster plans.
``(2) Definition.--The term `areas affected by Hurricanes
Katrina and Rita' means any parish or county for which it was
determined that assistance was warranted from the Federal
Government under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result
of Hurricanes Katrina and Rita.
``(3) Study.--The Secretary shall conduct a study on the
status of children and families participating in Head Start and
Early Head Start programs in areas affected by Hurricanes
Katrina and Rita.
``(4) Report.--Not later than 1 year after the date of the
enactment of the Improving Head Start Act of 2007, the
Secretary shall prepare and submit to Congress a report
containing the results of such study, including--
``(A) information on the population served,
including--
``(i) the number of children and families
participating in Head Start and Early Head
Start programs in areas affected by Hurricanes
Katrina and Rita before and after Hurricanes
Katrina and Rita;
``(ii) the demographics of such children
and families; and
``(iii) the geographical distribution of
such children and families;
``(B) information on staff and programs,
including--
``(i) the number and geographic
distribution of staff serving Head Start and
Early Head Start children and families from
areas affected by Hurricanes Katrina and Rita;
``(ii) the current status, including
employment status and geographic location, of
Head Start and Early Head Start staff serving
in areas affected by Hurricanes Katrina and
Rita prior to Hurricanes Katrina and Rita; and
``(iii) the response and recovery efforts
of Head Start and Early Head Start staff
serving in areas affected by Hurricanes Katrina
and Rita.
``(C) information on facilities, including--
``(i) the number of Head Start and Early
Head Start facilities operating prior to
Hurricanes Katrina and Rita in areas affected
by Hurricanes Katrina and Rita;
``(ii) the current status of each such
facility; and
``(iii) information on any new Head Start
or Early Head Start facility that has opened in
areas affected by Hurricanes Katrina and Rita
or that serves children and families who lived
in areas affected by Hurricanes Katrina and
Rita at the time of Hurricanes Katrina and
Rita;
``(D) information on coordination with the Federal
Emergency Management Agency (FEMA) in areas affected by
Hurricanes Katrina and Rita, including--
``(i) areas of success that Head Start
agencies and programs had in working with FEMA;
``(ii) challenges that Head Start agencies
and programs had in working with FEMA; and
``(iii) the number of Head Start families
that received individualized assistance (as
defined under the Robert T. Stafford Disaster
Relief and Emergency Act) and the types of
assistance received by such families.
``(E) challenges that were faced by Head Start and
Early Head Start programs and families in areas
affected by Hurricanes Katrina and Rita including--
``(i) the availability of Head Start
services for families displaced during the
period of transition;
``(ii) identification of and outreach to
families displaced by the Hurricanes Katrina
and Rita; and
``(iii) the extent to which non-Federal
disaster assistance was available to Head Start
agencies and programs, and coordination of such
services with non-Federal disaster assistance
resources.
``(5) Disaster plan preparedness.--Not later than 1 year
after the date of the enactment of Improving Head Start Act of
2007, the Secretary shall prepare and submit to Congress, Head
Start disaster plan recommendations based upon the report
initiated in paragraph (4), including recommendations for
prevention, preparedness, response, and recovery, that can be
used to advise Head Start and Early Head Start programs in the
development and implementation of disaster plans.''.
SEC. 20. REPORTS.
Section 650 of the Head Start Act (42 U.S.C. 9846) is amended--
(1) in subsection (a)--
(A) by striking ``Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate''
each place it appears and inserting ``Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate'',
(B) by striking ``and non-English language
background children'' and inserting ``children,
homeless children, children in foster care, and limited
English proficient children'', and
(C) in paragraph (8) by inserting ``homelessness,
whether the child is in foster care or was referred by
a child welfare agency,'' after `` background,'', and
(2) by adding at the end the following:
``(c) Set-Aside Activities.--Not later than 60 days after the end
of each fiscal year, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate, a report
detailing the different amounts of expenditures under section 640(a)(2)
and the activities carried out thereunder.
``(d) Fiscal Protocol.--The Secretary shall conduct an annual
review to assess whether the design and implementation of the triennial
reviews described in section 641A(c) include compliance procedures that
provide reasonable assurance that Head Start agencies are complying
with applicable fiscal laws and regulations. The Secretary shall report
the findings and conclusions of the annual review to the House
Committee on Education and Labor, and the Senate Committee on Health,
Education, Labor and Pensions within 30 days of completing the review.
``(e) Use of Individualized Education Plans.--The Secretary shall
track the use of Head Start Individualized Education Plans by Head
Start agencies in order to evaluate the reasons why Head Start agencies
are opting not to use Individualized Education Plans for children with
disabilities (as specified in the Individuals With Disabilities
Education Act (20 U.S.C. 1414(d)), whether Head Start Individualized
Education Plans are used to provide services prior to the development
of an Individualized Education Plan, as required under the Individuals
With Disabilities Education Act, and the length of time programs use
Head Start Individualized Education Plans before an Individualized
Education Plan as required under Individuals With Disabilities
Education Act is developed. The Secretary shall provide a report to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate,
not later than 1 year after the date of the enactment of the Improving
Head Start Act of 2007.
``(f) Evaluation and Recommendations Regarding Obesity
Prevention.--The Secretary shall evaluate and publish regulations on
the issue of and concerns related to preventing and reducing obesity in
children who participate in Head Start programs and shall consult, at a
minimum, with experts in child and maternal health, child development,
child and family nutrition and physical education, to determine the
effective methods by which Head Start agencies can help address
childhood obesity. The regulations should include guidance on how Head
Start agencies can incorporate, at a minimum, more physical activity
and nutrition education into such programs related to preventing and
reducing obesity. Not later than 1 year after the effective date of
this subsection, the Secretary shall submit to the House Committee on
Education and Labor and the Senate Committee on Health, Education,
Labor and Pensions, a report containing such recommendations and the
results of such evaluation.''.
SEC. 21. WAGES AND COMPENSATION.
Section 653 of the Head Start Act (42 U.S.C. 9848) is amended to
read as follows:
``SEC. 653. WAGES AND COMPENSATION.
``(a) Comparability of Wages.--The Secretary shall take such action
as may be necessary to assure that persons employed in carrying out
programs financed under this subchapter shall not receive compensation
at a rate which is: (1) in excess of the average rate of compensation
paid in the area where the program is carried out to a substantial
number of the persons providing substantially comparable services, or
in excess of the average rate of compensation paid to a substantial
number of the persons providing substantially comparable services in
the area of the person's immediately preceding employment, whichever is
higher; or (2) less than the minimum wage rate prescribed in section
6(a)(1) of the Fair Labor Standards Act of 1938. The Secretary shall
encourage Head Start agencies to provide compensation according to
salary scales that are based on training and experience.
``(b) Federal Rate Limitation.--Notwithstanding any other provision
of law, no Federal funds shall be used to pay all or any part of the
compensation of an individual employed by a Head Start agency in
carrying out programs under this subchapter, either as direct or
indirect costs of any proration thereof, at a rate in excess of the
rate then payable for level II of the Executive Schedule under section
5313 of title 5, United States Code.''.
SEC. 22. LIMITATION ON CERTAIN USES OF FUNDS.
The Head Start Act (42 U.S.C. 9858 et seq.) is amended by adding at
the end the following:
``SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS.
``No funds made available to carry out this subchapter may be
used--
``(1) for publicity or propaganda purposes not heretofore
authorized by the Congress; or
``(2) unless authorized by law in effect on the effective
date of this section, to produce any pre-packaged news story
intended for broadcast or distribution unless such story
includes a clear notification contained within the text or
audio of such story stating that the prepackaged news story was
prepared or funded by the Department of Health and Human
Services.''.
Passed the House of Representatives May 2, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 137
110th CONGRESS
1st Session
H. R. 1429
_______________________________________________________________________
AN ACT
To reauthorize the Head Start Act, to improve program quality, to
expand access, and for other purposes.
_______________________________________________________________________
May 7, 2007
Received; read twice and placed on the calendar