[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 702 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 702

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2009

 Ms. Hirono (for herself, Mr. George Miller of California, Mr. Castle, 
 Mr. Andrews, Mrs. Davis of California, Mr. Tierney, Mr. Abercrombie, 
  Mr. Ackerman, Mr. Berman, Mr. Bishop of New York, Ms. Bordallo, Mr. 
  Brady of Pennsylvania, Ms. Corrine Brown of Florida, Ms. Castor of 
   Florida, Mr. Cleaver, Mr. Connolly of Virginia, Mr. Conyers, Mr. 
Crowley, Ms. Edwards of Maryland, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. 
Al Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Hare, Mr. Hastings 
    of Florida, Mr. Hinchey, Mr. Hinojosa, Mr. Holt, Mr. Honda, Mr. 
 Kennedy, Ms. Kilpatrick of Michigan, Mr. Kucinich, Mr. Loebsack, Ms. 
McCollum, Mr. McNerney, Mrs. Maloney, Mr. Moore of Kansas, Mr. Pallone, 
Mr. Perlmutter, Mr. Polis of Colorado, Mr. Price of North Carolina, Mr. 
   Reyes, Mr. Ruppersberger, Ms. Linda T. Sanchez of California, Mr. 
Sarbanes, Ms. Schakowsky, Ms. Schwartz, Ms. Shea-Porter, Mr. Stark, Ms. 
    Sutton, Mr. Van Hollen, Mr. Welch, Ms. Woolsey, Mr. Wu, and Mr. 
   Yarmuth) 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. SHORT TITLE.

    This Act may be cited as the ``Providing Resources Early for Kids 
Act of 2009'' or the ``PRE-K Act''.

SEC. 2. FINDINGS.

    The 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. 3. EARLY EDUCATION GRANTS.

    (a) Program Established.--Each fiscal year, from amounts made 
available to carry out this Act, 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 
        in subsection (c), from funds appropriated under section 13, 
        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 4(a)); 
                or
                    (B) a selected State (as designated under section 
                4(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 Act.
            (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 1 percent for the purpose of making 
grants to Indian tribes and tribal organizations as described in 
section 10.

SEC. 4. STATE ELIGIBILITY.

    (a) Qualified States.--
            (1) In general.--For purposes of this Act, the term 
        ``qualified State'' means a State that meets each of the 
        following criteria:
                    (A) The State carries out a voluntary State-funded 
                preschool program that requires, at a minimum, the 
                following:
                            (i) Use of 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) Use of nationally established, or 
                        better, best practices for group size and 
                        teacher-to-student ratios, appropriate to the 
                        age group being served.
                            (iii) A requirement that each teacher holds 
                        an associate degree, or higher, in early 
                        childhood education or a related field.
                            (iv) A requirement to operate for at least 
                        the length of an academic year.
                    (B) The State shall have developed a plan, 
                including a timetable, for moving toward a requirement 
                for State-funded preschool programs that each teacher 
                holds a baccalaureate degree in early childhood 
                education, or in a related field if specialized 
                training in early childhood education has also been 
                completed, within 5 years after the State first 
                receives a grant as a qualified State under this Act.
                    (C) The State, at a minimum, shall ensure that the 
                average per-child expenditure 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, the average 
                of such per-child expenditure for the previous 2 fiscal 
                years.
                    (D) The State, at a minimum, shall ensure that the 
                total expenditure 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 expenditure for the 
                preceding fiscal year.
                    (E) The State, at a minimum, shall ensure that the 
                total expenditure 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 
                expenditure 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 
        Act. 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--
                    (A) the State meeting the requirements of 
                subparagraphs (C) through (E) of subsection (a)(1);
                    (B) the quality of the applications submitted; and
                    (C) 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 Act as a qualified State rather than a selected State.

SEC. 5. APPLICATIONS.

    (a) In General.--A State desiring to receive funds under this Act 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may reasonably require. In developing such 
application, the State shall consult with the State Advisory Council on 
Early Childhood Education and Care (described in section 642B(b) of the 
Head Start Act (42 U.S.C. 9837b(b))) or similar State entity, and 
providers of early childhood programs operating in the State.
    (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 4(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 Act 
        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 Act 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 low-income 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 is working to develop 
        and use research-based curricula that are aligned with State 
        early learning standards and are linguistically and culturally 
        appropriate for children with limited English proficiency.
            (13) A description of how the State agency designated under 
        subsection (c) will coordinate with other State agencies 
        delivering early childhood development programs or services.
            (14) A description of how the State will ensure that State-
        funded preschool programs will coordinate with the local 
        educational agencies in their area to ensure a smooth and 
        successful transition to kindergarten.
            (15) A description of how the State monitoring process will 
        effectively assess and ensure the quality of State-funded 
        preschool programs.
            (16) A description of how the State will coordinate this 
        grant with the efforts of the State Advisory Council on Early 
        Childhood Education and Care (described in section 642B(b) of 
        the Head Start Act (42 U.S.C. 9837b(b))) or other State entity 
        that is coordinating a system of early childhood development 
        and education for children from birth to kindergarten entry.
            (17) A description of how the State-funded preschool 
        programs that are not universal prioritize children from low-
        income families.
            (18) A description of how the State is working to eliminate 
        barriers and improve access to State-funded preschool programs 
        for children who live in rural areas.
            (19) A description of how the State is working to address 
        the transportation needs of families for whom lack of 
        transportation is a significant barrier to accessing State-
        funded preschool.
    (c) State Agency.--The application shall designate a State agency 
to administer and oversee those funds and the activities carried out 
under this Act.

SEC. 6. USE OF FUNDS.

    (a) Priority.--In using funds provided under this Act, a State 
shall give priority to improving the quality of State-funded preschool 
in communities with high concentrations of low-income children.
    (b) Specific Uses.--Subject to subsections (c) and (d), a State 
that receives funds under this Act 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 number of program directors, teachers, 
        and teacher aides who have specialized training in working with 
        children and families with limited English proficiency.
            (4) To increase the number of program directors, teachers, 
        and teacher aides who have specialized training in working with 
        children with disabilities.
            (5) 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.
            (6) To decrease group size in classrooms in State-funded 
        preschool programs.
            (7) To improve the teacher-to-student ratios in classrooms 
        in State-funded preschool programs.
            (8) To provide, in State-funded preschool programs, one or 
        more of the following comprehensive services that support 
        healthy child development and positive child outcomes and 
        school readiness:
                    (A) Vision and hearing screenings and referrals.
                    (B) Health and mental health screenings and 
                referrals.
                    (C) Parent involvement opportunities.
                    (D) Nutrition services.
            (9) To extend the number of--
                    (A) hours per day of program operation of State-
                funded preschool programs;
                    (B) days per week of program operation of State-
                funded preschool programs; or
                    (C) weeks per year of program operation of State-
                funded preschool programs.
            (10) To improve the State's system for monitoring the 
        quality of State-funded preschool programs.
            (11) To provide opportunities for intensive and on-going 
        research- and evidence-based professional development in the 
        domains described in section 4(a)(1)(A)(i) for staff of State-
        funded preschool programs.
            (12) To provide induction and support for preschool program 
        directors, teachers, and staff during their first 3 years of 
        employment in a new position, and to provide on-going mentoring 
        to such individuals by persons with education and expertise in 
        supporting teachers in effective teaching practices with young 
        children and in supporting program directors in early childhood 
        education and program management.
            (13) 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.
    (c) Set-Aside.--A State that receives funds under this Act shall 
use 10 percent of such funds to improve the quality of early learning 
environments for children from birth to age three through research- and 
evidence-based methods.
    (d) Special Rule.--
            (1) In general.--Notwithstanding subsection (b), a 
        qualified State that receives funds under this Act may use up 
        to 50 percent of the funds remaining after application of 
        subsection (c) for the purpose 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 4(a) if--
                    (A) the amount appropriated under section 13 is at 
                least $250,000,000; or
                    (B) the State-funded preschool program meets or 
                exceeds the following criteria:
                            (i) The standards described in clauses (i) 
                        and (ii) of section 4(a)(1)(A).
                            (ii) 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) Each program provides full-day 
                        services at all locations.
                            (iv) Each program provides comprehensive 
                        services to at-risk children participating in 
                        the State-funded preschool program.
                            (v) Each teacher participates in on-going 
                        professional development in child development 
                        and learning.
                            (vi) Each program provides linguistically 
                        and culturally appropriate standards for 
                        serving children with limited English 
                        proficiency participating in the State-funded 
                        preschool program.
            (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.
    (e) Rule of Construction.--Funds provided under this Act shall be 
used only to improve or enhance a State-funded preschool program. 
Nothing in this Act shall be construed such that a State may use these 
funds only for existing State-funded preschool programs.

SEC. 7. MATCHING REQUIREMENTS.

    The Secretary shall not make a grant to a State under this Act 
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 30 percent of that portion of the 
        Federal funds provided under the grant that represent the base 
        allotment under section 3(b)(2).
            (2) Selected state.--In the case of a selected 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 3(b)(2).

SEC. 8. REPORTING REQUIREMENTS.

    (a) Report to Congress.--For each year in which funding is provided 
under this Act, the Secretary shall submit an annual report to the 
Congress on the activities carried out under this Act, including, at a 
minimum, information on the following:
            (1) The activities undertaken by qualified States and 
        selected States that improved or enhanced State-funded 
        preschool programs.
            (2) The progress of selected States in moving toward 
        fulfilling criteria to become a qualified State.
            (3) The extent to which the State used funds to expand a 
        State-funded preschool program, as allowed under section 6(d).
            (4) The costs and barriers to expansion, including building 
        and renovating preschool facilities so that they are high 
        quality and age and developmentally appropriate.
    (b) Report to Secretary.--Each State that receives a grant under 
this Act shall submit to the Secretary an annual report on the 
following:
            (1) The activities carried out by the State under this Act, 
        including information on the following:
                    (A) How funds provided under this Act were used to 
                enhance and improve quality of State-funded preschool 
                programs, including enhancing and improving the quality 
                of State-funded preschool programs serving children who 
                live in a rural area.
                    (B) Such other information as the Secretary may 
                reasonably require.
            (2) The activities carried out by the State-funded 
        preschool program, including--
                    (A) the number and ages of children served by the 
                State-funded preschool program; and
                    (B) the number and ages of children in such program 
                with a disability, with limited English proficiency, 
                from low-income families, and from rural areas.

SEC. 9. SPECIAL RULE.

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

SEC. 10. APPLICATIONS FOR INDIAN TRIBES.

    The Secretary shall award competitive grants to Indian tribes and 
tribal organizations to carry out a program under this Act. An Indian 
tribe or tribal organization desiring to receive funds under this Act 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may reasonably require. For purposes of 
submitting such application and for expending funds received under this 
Act, Indian tribes and tribal organizations shall comply with sections 
4 through 8.

SEC. 11. DEFINITIONS.

    For purposes of this Act:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Poverty line.--The term ``poverty line'' has the 
        meaning given such term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Rural area.--The term ``rural area'' means a geographic 
        area served by a rural local education agency.
            (4) Rural local education agency.--The term ``rural local 
        education agency'' means a local education agency having 
        administrative control or direction of schools which meet a 
        metro-centric locale code of 41, 42, or 43 as determined by the 
        National Center for Education Statistics, in conjunction with 
        the Bureau of the Census, using the system of the National 
        Center for Education Statistics for classifying local 
        educational agencies.
            (5) Secretary.--The term ``Secretary'' has the meaning 
        given such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (6) State.--The term ``State'' has the meaning given such 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (7) State-funded preschool program.--The term ``State-
        funded preschool program'' means a program that--
                    (A) serves children who are ages 3 through 5;
                    (B) has a primary focus of supporting early 
                childhood education, including supporting children's 
                cognitive, social, emotional, and physical development 
                and approaches to learning;
                    (C) helps prepare children for a successful 
                transition to kindergarten; and
                    (D) is funded either in whole or in part by a State 
                through a State agency with authority to promulgate 
                regulations and monitor participating programs.
            (8) With limited english proficiency.--The term ``with 
        limited English proficiency'', when used with respect to a 
        child, means a child--
                    (A)(i) who was not born in the United States or 
                whose native language is a language other than English;
                    (ii)(I) who is a Native American (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a 
                native resident of an outlying area (as defined in such 
                section 9101); and
                    (II) who comes from an environment where a language 
                other than English has had a significant impact on the 
                child's level of English language proficiency; or
                    (iii) who is migratory, whose native language is a 
                language other than English, and who comes from an 
                environment where a language other than English is 
                dominant; and
                    (B) whose difficulties in speaking or understanding 
                the English language may be sufficient to deny the 
                child--
                            (i) the ability to successfully achieve in 
                        a classroom in which the language of 
                        instruction is English; or
                            (ii) the opportunity to participate fully 
                        in society.

SEC. 12. CONSTRUCTION.

    Nothing in this Act shall be construed to require a child to attend 
a preschool program.

SEC. 13. AUTHORIZATION.

    There are authorized to be appropriated to carry out this Act 
$1,000,000,000 for each of fiscal years 2010 through 2014.
                                 <all>