[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.''.
<all>