II 110th CONGRESS 1st Session S. 1573 IN THE SENATE OF THE UNITED STATES June 7, 2007 Mr. Dodd introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote public-private partnerships to strengthen investment in early childhood development for children from birth to entry into kindergarten in order to ensure healthy development and school readiness for all children.

1.

Short title

This Act may be cited as the Early Childhood Investment Act of 2007.

2.

Findings

Congress makes the following findings: (1)The cumulative process of a child's development and learning begins at birth. Research indicates that the physical, cognitive, social, and emotional development that takes place from birth through age 5 is crucial for a child's future achievement in school and life. (2)Parents are the first teachers of their children and, accordingly, parental support and parental involvement play a critical role in a child's positive development and early learning experiences. (3)High-quality early childhood development programs and services yield substantial advantages for young children and their families in terms of better health, readiness for school, and economic well-being. (4)Research indicates that training and higher education for early childhood development personnel result in a better quality environment for children, which in turn promotes greater child development. Yet access to training and higher education for early childhood development personnel is limited for a variety of reasons, including limited availability and cost. Low wages associated with working in an early childhood development program contribute to high staff turnover in the program. For personnel who receive training, early childhood development programs are often unable to raise the compensation of staff due to budget constraints. (5)Investments in early childhood development pay dividends for children, in terms of— (A)improved and more successful transition to kindergarten; (B)higher academic performance; (C)better employment opportunities and higher earnings; and (D)lower incidence of crime and dependence on public welfare. (6)Our Nation’s economy benefits from early childhood development investments through a better prepared workforce, stronger growth, and rising standards of living, and society will benefit from less crime, enhanced schools, and children who are better prepared to participate as citizens in a democratic society. (7)Public-private partnerships have the ability to leverage the assets of public and private entities in terms of financial resources, expertise, and infrastructure in order to maximize and align investments in early childhood development.

3.

Purpose

It is the purpose of this Act to provide Federal incentives for States to create or enhance partnerships between or among public and private entities to improve the access to and the quality of early childhood development programs for all children from birth to entry into kindergarten, in order to foster healthy growth and school readiness for all children.

4.

Definitions

In this Act: (1)

Board

The term Board means the board of directors established under section 6(c). (2)

Early childhood development

The term early childhood development means the attention to children’s development and learning, including physical, cognitive, social, and emotional development and approaches to learning, for children of any age from birth to entry into kindergarten with developmentally appropriate quality standards that lead to school readiness with respect to early literacy, mathematics, cognitive, social, and emotional benchmarks, and other appropriate benchmarks. (3)

Early childhood development program

The term early childhood development program means— (A)a child care center, or family child care, that is legally operating under State law and complies with State and local requirements for the provision of child care; (B)a Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); (C)an Early Head Start program carried out under section 645A of the Head Start Act (42 U.S.C. 9840a); (D)a parenting education program, including a home visiting program; (E)a health and mental health screening program and follow up health care programs; or (F)a State or local prekindergarten program, that provides services for children of any age from birth to entry into kindergarten.(4)

Eligible partnership

(A)

In general

The term eligible partnership means a partnership consisting of private and public entities that shall include— (i)an organization, or consortium of organizations, described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Act; and (ii)a State. (5)

Local educational agency

The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6)

Parent

The term parent means a biological or adoptive parent, a stepparent, a foster parent, or a legal guardian of, or a person standing in loco parentis to, a child. (7)

Secretary

Unless otherwise specified, the term Secretary means the Secretary of Health and Human Services. (8)

State

The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

5.

Establishment of grant program

(a)

Grants

From funds appropriated under section 11 and not reserved under subsection (d)(2) and section 9(e), the Secretary, in consultation with the Secretary of Education, may award a grant to not more than 1 eligible partnership serving each State to pay the Federal share of the costs of enabling the eligible partnership to engage the public and private sector in order to— (1)strengthen the quality of early childhood development opportunities for infants, toddlers, and preschoolers throughout the State; (2)promote school readiness; and (3)increase access to the early childhood development programs. (b)

Duration

The Secretary shall award a grant under this Act for a period of not less than 3 years and not more than 5 years. (c)

Award basis for grants

Grants under this Act shall be awarded on the basis of the number of children in the State from birth through age 5. (d)

Grants to indian tribes

(1)

Requests for applications

The Secretary, in consultation with the Secretary of Education, shall submit to Indian tribes requests for applications for grants under this section. (2)

Reservation

Of the amounts appropriated to carry out this Act, the Secretary shall reserve 1 percent to award grants to eligible partnerships serving Indian tribes.

6.

Eligible partnership requirements

(a)

Memorandum of understanding

(1)

In general

In order to be eligible for a grant under this Act, all members of the eligible partnership shall enter into and sign a memorandum of understanding that shall clearly describe the goal, strategy, structure, and governance of the eligible partnership. (2)

Additional members

An eligible partnership assisted under this Act may add new members to the partnership, but each such new member shall enter into and sign the memorandum of understanding described in paragraph (1). (b)

Eligible partnership duties

An eligible partnership assisted under this Act shall— (1)coordinate efforts of nonprofit or for-profit private entities, the Federal Government, and State governments in order to implement high quality investments in early childhood development, including parent education and support, child care, preschool, and other related early childhood development activities to better promote healthy child development and school readiness within the State; and (2)serve as the fiscal agent for the grant under this Act and work in coordination with any early childhood council or advisory body in the State that has, as the council or advisory body's primary function, the coordination of early childhood development programs across the State. (c)

Board of directors

(1)

Membership

(A)

In general

An eligible partnership assisted under this Act shall be led by a board of directors. (B)

Representation

The members of the Board shall represent— (i)the private and public sector; and (ii)the range of sectors of child development (including health and mental health development), including early childhood development programs and providers, government agencies, philanthropic and business organizations, and other stakeholders. (C)

Private sector representation

Not less than 51 percent of the representation of the Board shall consist of private sector representatives, including— (i)representatives of nonprofit entities; (ii)representatives of foundations; and (iii)not less than 3 business representatives. (2)

Diversity

An eligible partnership assisted under this Act shall reflect the diversity of the State served by the eligible partnership. (3)

Guidance

The Board shall be guided by the memorandum of understanding described in subsection (a)(1). (4)

Board duties

The Board shall— (A)oversee the vision and strategic planning of the eligible partnership; (B)establish policies and procedures for the ongoing operations and activities of the eligible partnership; (C)establish an application process for awarding subgrants for statewide or community initiatives; and (D)conduct oversight of goals, performance measures, and outcomes of expenditures, for activities assisted under this Act. (d)

Timing

An eligible partnership assisted under this Act may be a partnership that is in existence on the day before the date of enactment of this Act or is established on or after such day.

7.

Application

Each eligible partnership desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall contain, at a minimum, the following: (1)A description of— (A)the goals, mission, and activities of the eligible partnership, including specific goals with respect to— (i)serving the complete range of children from birth to entry into kindergarten, including infants, toddlers, and preschoolers; and (ii)serving children from low-income families and communities, children with special needs, children who are English language learners, and children from emerging populations; and (B)how the goals, mission, and activities of the eligible partnership are coordinated and aligned with the overall State strategy (including the State's goals and benchmarks), and State initiatives in existence on the day before the date the application is submitted, with respect to early childhood development programs for all children in the State from birth to entry into kindergarten. (2)A detailed description of the eligible partnership’s structure, including a list of the entities participating in the eligible partnership, the members of the Board serving the eligible partnership, and the responsibilities of each such entity or member. (3)A plan for soliciting additional public and private entities to become members of the eligible partnership. (4)A copy of the memorandum of understanding described in section 6(a)(1). (5)A detailed description of the need assessment and cost models used to determine how the funds of the eligible partnership will be distributed within the State. (6)A financing plan for the activities assisted under the grant that includes utilizing existing funding streams and leveraging additional funds to match the Federal share provided under this Act. (7)An explanation of how results and outcomes from activities assisted under the grant will be demonstrated and measured.

8.

Uses of funds

Grant funds made available under this Act shall be used— (1)to strengthen the financing of services and systems of early childhood development across settings and sectors in a State for all children from birth to kindergarten, including the financing of programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), under the Head Start Act (42 U.S.C. 9831 et seq.), and under section 645A of the Head Start Act (42 U.S.C. 9840a) (Early Head Start programs), State or local prekindergarten programs, and home visiting and other parent education programs; and (2)to accomplish the purpose of this Act by providing subgrants to State or community-wide initiatives that may include activities to— (A)enhance and develop quality parenting support and education; (B)provide education and professional development to and improved compensation for the early childhood workforce and teachers, in order to— (i)enhance the knowledge and skills of the early childhood workforce and teachers; and (ii)attract and retain quality early childhood development program staff; (C)provide services, training, and technical assistance, outreach, quality improvements, and support to early childhood development programs serving children who are from low-income families and communities, children with special needs, and children who are English language learners, especially such programs serving the needs of working families, by providing full-day, full-year opportunities for children; (D)renovate and upgrade early childhood facilities or establish pooled early childhood facility funds, except that not more than 10 percent of the grant funds awarded to an eligible partnership under this Act may be used for construction; (E)provide developmental screenings, health consultations, and mental health consultations, in early childhood development programs; (F)increase coordination between and among early childhood development providers and local educational agencies in order to— (i)ease the transition for children between preschool and kindergarten; and (ii)ensure the effective and efficient delivery of services to children; and (iii)provide joint professional development for early childhood educators and teachers in kindergarten through grade 2 to improve curriculum alignment and ensure the school readiness of the children.

9.

Administration

(a)

Federal share

The Federal share of the cost of the activities assisted under this Act shall be 50 percent for the first year of the grant, 40 percent for the second year of the grant, and 30 percent for each succeeding year of the grant. (b)

Non-Federal share

The non-Federal share of the cost of the activities assisted under this Act may be provided in cash or in kind, fairly evaluated, including plant, equipment, and services, and may be provided from State, local, or private sources. (c)

Maintenance of effort

The Secretary shall not award a grant under this Act to any eligible partnership unless the Secretary first determines that the total expenditures by the State and its political subdivisions to support early childhood development programs (other than funds used to pay the non-Federal share under this section) for the fiscal year for which the determination is made is equal to or greater than such expenditures for the preceding fiscal year. (d)

Supplement not supplant

Grant funds received under this Act shall be used to supplement and not supplant other Federal, State, and local public funds expended to promote early childhood development programs and activities. (e)

Reservation for administration, technical assistance, and evaluation

The Secretary shall reserve not more than a total of 3 percent of the funds appropriated under section 11 for a fiscal year for the costs of administering this Act, providing technical assistance under this Act, and evaluating activities assisted under this Act.

10.

Report

Each eligible partnership receiving a grant under this Act shall submit a written report, on an annual basis, to the Secretary that describes— (1)the progress made by the eligible partnership with respect to the goals described in section 7(1) and the activities assisted under the grant; and (2)how the activities assisted under the grant were aligned with and supported the State's goals and benchmarks in early childhood education.

11.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act $8,000,000,000 for fiscal year 2008, $10,000,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010, 2011, and 2012.