1.This Act may be cited as the
Providing Resources Early for Kids Act
of 2009
or the PRE-K Act
.
2.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.
3.
(a)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)
(1)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)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 allotmentThe Secretary shall determine the amount of the
base allotment determined under paragraph (2) as if every State was to receive
a base allotment.
(4)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)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.
4.
(a)
(1)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)
(1)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)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)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.
5.
(a)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)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)The application shall
designate a State agency to administer and oversee those funds and the
activities carried out under this Act.
6.
(a)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)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)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)
(1)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 applicabilityFor 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)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.
7.The Secretary
shall not make a grant to a State under this Act unless the State agrees to the
following:
(1)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)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).
8.
(a)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)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.
9.Funds under this Act may
not be used for the purposes of assessments that provide rewards or sanctions
for individual children or teachers.
10.Applications for
Indian tribesThe 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.
11.For purposes of this Act:
(1)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)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)The term rural area
means a geographic area
served by a rural local education agency.
(4)Rural local
education agencyThe 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)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)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 programThe 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 proficiencyThe 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.
12.Nothing in this Act shall be construed to
require a child to attend a preschool program.
13.There are authorized to be appropriated to
carry out this Act $1,000,000,000 for each of fiscal years 2010 through
2014.