[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3289

To amend the Elementary and Secondary Education Act of 1965 to improve 
                            early education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2007

Ms. Hirono (for herself, Mr. George Miller of California, Mr. Andrews, 
  Mr. Tierney, and Mrs. Davis of California) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to improve 
                            early education.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EARLY EDUCATION.

    The Elementary and Secondary Education Act of 1965 is amended by 
adding at the end the following:

                       ``TITLE X--EARLY EDUCATION

``SEC. 10001. SHORT TITLE.

    ``This title may be cited as the `Providing Resources Early for 
Kids Act of 2007' or the `PRE-K Act'.

``SEC. 10002. FINDINGS.

    ``Congress finds the following:
            ``(1) Children's experiences in the first five years of 
        life influence the developing brain and have significant and 
        lasting impact.
            ``(2) All children deserve access to high quality early 
        learning experiences that can support their cognitive, social, 
        and emotional development and help prepare them to succeed in 
        school and in life.
            ``(3) Research shows that high quality early education 
        programs can improve early reading and early math skills, 
        decrease grade retention, decrease the need for special 
        education services, and increase the likelihood that children 
        will graduate from high school and become productive members of 
        society.
            ``(4) The economic benefits of early education experiences 
        are clear and providing parents greater access to high-quality 
        early learning programs will benefit children, families, and 
        our Nation.
            ``(5) High quality early education programs have well-
        trained and well-compensated teachers, small class sizes, a 
        full-day program, comprehensive services, family participation, 
        and a research-based curriculum that aligns with strong early 
        learning standards. The quality of State early education 
        programs varies significantly across the country.
            ``(6) While nearly three-quarters of three- through five-
        year-olds not in kindergarten spend time in nonparental care 
        each week, research suggests that most are not in high quality 
        settings that meet the full range of their developmental needs.
            ``(7) A Federal partnership with States--
                    ``(A) will help increase access to voluntary high 
                quality preschool programs;
                    ``(B) is a necessary step to improving the Nation's 
                elementary and secondary schools and helping States 
                close the achievement gap and improve graduation rates; 
                and
                    ``(C) should be a national priority.

``SEC. 10003. EARLY EDUCATION GRANTS.

    ``(a) Program Established.--Each fiscal year, from amounts made 
available to carry out this title, the Secretary, in consultation with 
the Secretary of Health and Human Services, shall make grants to States 
to enhance or improve State-funded preschool programs, as defined by 
the State.
    ``(b) Allotment.--
            ``(1) Determination.--After making the reservation 
        described under subsection (c), from funds appropriated under 
        section 10011, the Secretary shall make a base allotment to 
        each State that has submitted an approved application and is 
        either--
                    ``(A) a qualified State (as defined in section 
                10004(a)); or
                    ``(B) a selected State (as designated under section 
                10004(b)).
            ``(2) Amount.--The amount of the base allotment described 
        under paragraph (1) for each State shall be based on the number 
        of children up to age 5 from families with incomes below the 
        poverty line for each State, compared to the number of such 
        children from all States, except that no State shall have a 
        base allotment less than .25 percent of the amounts 
        appropriated under this title.
            ``(3) Basis for the base allotment.--The Secretary shall 
        determine the amount of the base allotment determined under 
        paragraph (2) as if every State was to receive a base 
        allotment.
            ``(4) Remainder.--In any fiscal year for which not every 
        State is to receive a base allotment, the Secretary shall 
        reallot any funds remaining after the determination of a base 
        allotment under paragraph (2) to each State that has submitted 
        an approved application and is a qualified State. Such 
        remaining funds shall be realloted among such qualified States 
        and shall be determined by comparing the number of children up 
        to age 5 from families with incomes below the poverty line for 
        each such qualified State to such number for all such qualified 
        States.
    ``(c) Reservation.--Prior to making any allotments under subsection 
(b), the Secretary shall reserve 2.5 percent for the purpose of making 
grants to Indian tribes and tribal organizations as described in 
section 10010.

``SEC. 10004. STATE ELIGIBILITY.

    ``(a) Qualified States.--
            ``(1) In general.--For purposes of this title, the term 
        `qualified State' means a State that meets each of the 
        following criteria:
                    ``(A) Carries out a State-funded preschool program 
                that requires, at a minimum, that such programs:
                            ``(i) Use research-based curricula that are 
                        aligned with State early learning standards 
                        that are developmentally appropriate and 
                        include, at a minimum, each of the following 
                        domains:
                                    ``(I) Language development.
                                    ``(II) Literacy.
                                    ``(III) Mathematics.
                                    ``(IV) Science.
                                    ``(V) Creative arts.
                                    ``(VI) Social and emotional 
                                development.
                                    ``(VII) Approaches to learning.
                                    ``(VIII) Physical and health 
                                development.
                            ``(ii) Follow nationally established best 
                        practices for group size and teacher-to-student 
                        ratios, appropriate to the age group being 
                        served.
                            ``(iii) Require that each teacher holds an 
                        associate degree, or higher, in early childhood 
                        education or a related field.
                    ``(B) The State must have a plan for moving toward 
                a requirement for State-funded preschool programs that 
                each teacher holds a baccalaureate degree in early 
                childhood education within 5 years after the State 
                first receives a grant under this title.
                    ``(C) The State must, at a minimum, ensure that the 
                average per-child expenditures by the State and its 
                political subdivisions to support State-funded 
                preschool programs for the fiscal year for which the 
                grant is made is equal to, or greater than, such per-
                child expenditures for the previous fiscal year.
                    ``(D) The State must, at a minimum, ensure that the 
                total expenditures by the State and its political 
                subdivisions to support State-funded preschool programs 
                for the fiscal year for which the grant is made is 
                equal to, or greater than, such expenditures for the 
                preceding fiscal year.
                    ``(E) The State must, at a minimum, ensure that the 
                total expenditures by the State and its political 
                subdivisions to support State-funded child care 
                services and activities for the fiscal year for which 
                the grant is made is equal to, or greater than, such 
                expenditures for the preceding fiscal year.
    ``(b) Selected States.--
            ``(1) In general.--Each fiscal year, the Secretary shall 
        carry out, on a competitive basis, a process for the 
        designation of States as selected States for purposes of this 
        title. Under the process, the Secretary shall determine whether 
        to designate any States and, if so, shall determine the States 
        that are to be designated.
            ``(2) Basis for determinations.--The determinations 
        required by paragraph (1) shall be based on the State meeting 
        the requirements of subparagraphs (C) through (E) of subsection 
        (a)(1), and on the quality of the applications submitted and 
        the extent to which the State demonstrates that the State, if 
        designated, will become a qualified State within 2 fiscal 
        years.
            ``(3) Period of designation.--A designation under this 
        subsection shall apply to a State for two fiscal years. 
        However, if a State is both a qualified State and a selected 
        State for a fiscal year, it shall be treated for purposes of 
        this title as a qualified State rather than a selected State.

``SEC. 10005. APPLICATIONS.

    ``(a) In General.--A State desiring to receive funds under this 
title shall submit an application to the Secretary at such time and in 
such manner as the Secretary may reasonably require.
    ``(b) Required Contents.--The application referred to in subsection 
(a) shall include, at a minimum, the following contents:
            ``(1) If the State desires to be treated as a qualified 
        State, information sufficient for the Secretary to determine 
        whether the State is a qualified State.
            ``(2) If the State desires to be designated as a selected 
        State--
                    ``(A) assurances that the State, if designated as a 
                selected State, will become a qualified State within 
                two fiscal years;
                    ``(B) information sufficient for the Secretary to 
                determine whether the State meets the requirements of 
                subparagraphs (C) through (E) of section 10004(a)(1); 
                and
                    ``(C) information relating to any competitive 
                criteria that the Secretary may establish.
            ``(3) A description of how the funds received under this 
        title will be used to enhance or improve preschool programs in 
        the State.
            ``(4) A description of how the State is working to build 
        its capacity to serve more children in high quality early 
        education programs, including the building of new facilities, 
        as appropriate.
            ``(5) A description of how the State will ensure that any 
        funds made available to preschool providers are made available 
        to a range of types of preschool providers, including local 
        educational agencies and community based providers such as 
        child care and Head Start, as appropriate.
            ``(6) Assurances that amounts received by the State under 
        this title will be used only to supplement, and not to 
        supplant, Federal, State, and local funds otherwise available 
        to support existing early childhood services and activities.
            ``(7) A description of how the State will evaluate the 
        effectiveness of the use of these funds.
            ``(8) A description of how the State will use the funds to 
        better meet the needs of working parents.
            ``(9) A description of how the use of funds will help meet 
        the developmental needs of children in the State.
            ``(10) A description of how the State will ensure that 
        State-funded preschool programs are available to and 
        appropriate for children with disabilities.
            ``(11) A description of how the State-funded preschool 
        programs will be culturally and linguistically appropriate and 
        how the State plans to meet the early education needs of 
        children with limited English proficiency.
            ``(12) A description of how the State agency designated 
        under subsection (c) will coordinate with other State agencies 
        delivering early childhood development programs or services.
            ``(13) A description of how the State-funded preschool 
        programs will ensure a smooth and successful transition to 
        kindergarten.
            ``(14) A description of how the State monitoring process 
        will effectively assess and ensure program quality of State-
        funded preschool programs.
            ``(15) A description of how the State will coordinate this 
        grant with the efforts of the State early learning council or 
        other State entity that is coordinating a system of early 
        childhood development and education birth to kindergarten.
            ``(16) A description of how the State-funded preschool 
        programs prioritize children from low-income families.
    ``(c) State Agency.--The application shall designate a State agency 
to administer and oversee those funds and the activities carried out 
under this title.

``SEC. 10006. USE OF FUNDS.

    ``(a) In General.--A State that receives funds under this title 
shall use such funds for any one or more of the following:
            ``(1) To increase the number of teachers and program 
        directors in State-funded preschool programs who hold a 
        baccalaureate degree in early childhood education, or in a 
        related field if specialized training in early childhood 
        education has also been completed.
            ``(2) To increase the number of teacher aides in State-
        funded preschool programs who hold an associate degree in early 
        childhood education, or in a related field if specialized 
        training in early childhood education has also been completed.
            ``(3) To increase the compensation or benefits provided to 
        teachers, program directors, and teacher aides in State-funded 
        preschool programs in order to improve the ability of those 
        programs to recruit and retain such teachers, program 
        directors, and teacher aides.
            ``(4) To decrease group size in classrooms in State-funded 
        preschool programs.
            ``(5) To improve the teacher-to-student ratios in 
        classrooms in State-funded preschool programs.
            ``(6) To provide, in State-funded preschool programs, one 
        or more of the following comprehensive services that support 
        healthy child development and positive child outcomes:
                    ``(A) Vision and hearing screenings and referrals.
                    ``(B) Health and mental health screenings and 
                referrals.
                    ``(C) Parent involvement opportunities.
                    ``(D) Nutrition services.
            ``(7) To extend the number of hours per day of program 
        operation of State-funded preschool programs.
            ``(8) To extend the number of weeks per year of program 
        operation of State-funded preschool programs.
            ``(9) To improve the State's system for monitoring the 
        quality of State-funded preschool programs.
            ``(10) To provide opportunities for intensive and on-going 
        research- and evidence-based professional development in the 
        domains described in section 10004(a)(1)(A)(i).
            ``(11) To renovate existing facilities, except that such 
        renovation must be limited to minor rehabilitation or 
        remodeling needed to ensure that State-funded preschool program 
        facilities are age- and developmentally-appropriate.
            ``(12) To use up to 10 percent of the funds received by the 
        State under this title to improve the early learning 
        environments for children from birth to age three through 
        research- and evidence-based methods.
    ``(b) Rule of Construction.--Funds provided under this title shall 
be used only to improve or enhance services that are required in a 
State-funded preschool program. Nothing in this title shall be 
construed such that a State may use these funds only for existing 
State-funded preschool programs.
    ``(c) Special Rule.--
            ``(1) In general.--Notwithstanding subsection (a), a 
        qualified State that receives funds under this title may use up 
        to 50 percent of those funds for the purposes of expanding a 
        State-funded preschool program, with priority for such 
        expansion to communities with high concentrations of low-income 
        children, that meets or exceeds the criteria in section 
        10004(a) if--
                    ``(A) the amount appropriated under section 10011 
                is at least $250,000,000; or
                    ``(B) the State-funded preschool program meets or 
                exceeds the following criteria:
                            ``(i) Require the standards described in 
                        clauses (i) and (ii) of section 10004(a)(1)(A).
                            ``(ii) Require that each teacher holds a 
                        baccalaureate degree in early childhood 
                        education or a related field if specialized 
                        training in early childhood education has also 
                        been completed.
                            ``(iii) Require that each program provides 
                        full-day services at all locations.
                            ``(iv) Require that each program provides 
                        comprehensive services to at-risk children 
                        participating in the State-funded preschool 
                        program.
                            ``(v) Require that each teacher 
                        participates in on-going professional 
                        development in child development and learning.
            ``(2) State definition and applicability.--For the purpose 
        of establishing a priority for expansion under paragraph (1), 
        the State shall define what constitutes a high concentration of 
        low-income children. In any State described in paragraph (1) in 
        which all communities with high concentrations of low-income 
        children are served by a State-funded preschool program, the 
        priority for expansion described in such paragraph shall not 
        apply.

``SEC. 10007. MATCHING REQUIREMENTS.

    ``The Secretary shall not make a grant to a State under this title 
unless the State agrees to the following:
            ``(1) Qualified state.--In the case of a qualified State, 
        the State will make available non-Federal contributions in an 
        amount equal to not less than 50 percent of that portion of the 
        Federal funds provided under the grant that represent the base 
        allotment under section 10003(b)(2).
            ``(2) Selected state.--In the case of a selected State, the 
        State will make available non-Federal contributions for State-
        funded preschool programs in an amount that exceeds, by at 
        least 30 percent, the amount of non-Federal contributions that 
        the State made available for State-funded preschool programs 
        for the most recent fiscal year for which it was not a selected 
        State.

``SEC. 10008. REPORTING REQUIREMENTS.

    ``Each State receiving funds under this title shall report annually 
to the Secretary on the activities carried out under this title, 
including data on how the funds improved the quality of State-funded 
preschool programs.

``SEC. 10009. SPECIAL RULE.

    ``Funds under this title may not be used for the purposes of 
assessments that provide rewards or sanctions for individual children 
or teachers.

``SEC. 10010. APPLICATIONS FOR INDIAN TRIBES.

    ``The Secretary shall award competitive grants to Indian tribes and 
tribal organizations to carry out a program under this title. An Indian 
tribe or tribal organization desiring to receive funds under this title 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may reasonably require.

``SEC. 10011. AUTHORIZATION.

    ``There are authorized to be appropriated to carry out this title 
$1,000,000,000 for each of fiscal years 2008 through 2013.''.
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