[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3557 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3557

               To provide for Kindergarten Plus programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2010

   Mr. Dodd (for himself, Mr. Durbin, and Mr. Kerry) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
               To provide for Kindergarten Plus programs.

    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 ``Sandy Feldman Kindergarten Plus Act 
of 2010''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Kindergarten has proven to be a beneficial experience 
        for children, putting children on a path that positively 
        influences their learning and development in later school 
        years.
            (2) Kindergarten and the years leading up to kindergarten 
        are critical in preparing children to succeed in elementary 
        school, especially if the children are from low-income families 
        or have other risks of difficulty in school.
            (3) Disadvantaged children, on average, lag behind other 
        children in literacy, numeracy, and social skills, even before 
        formal schooling begins.
            (4) For many children entering kindergarten, the 
        achievement gap between children from low-income households 
        compared to children from high-income households is already 
        evident.
            (5) Eighty-five percent of beginning kindergartners in the 
        highest socioeconomic group, compared to 39 percent in the 
        lowest socioeconomic group, can recognize letters of the 
        alphabet. Similarly, 98 percent of beginning kindergartners in 
        the highest socioeconomic group, compared to 84 percent of 
        their peers in the lowest socioeconomic group, can recognize 
        numbers and shapes.
            (6) Once disadvantaged children are in school, they learn 
        at the same rate as other children. Therefore, providing 
        disadvantaged children with additional time in kindergarten, in 
        the summer before such children ordinarily enter kindergarten 
        and in the summer before first grade, will help schools close 
        achievement gaps and accelerate the academic progress of their 
        disadvantaged students.
            (7) Disadvantaged children often need--
                    (A) instruction during the summer months to address 
                any academic achievement or learning losses that result 
                from lack of instruction;
                    (B) enriching activities; or
                    (C) interventions during the summer months.
            (8) High quality, extended-year kindergarten that provides 
        children with enriched learning experiences is an important 
        factor in helping to close achievement gaps, rather than having 
        the gaps continue to widen.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible student.--The term ``eligible student'' means 
        a child who--
                    (A) is a 5-year-old, or will be eligible to attend 
                kindergarten at the beginning of the next school year;
                    (B) comes from a family with an income at or below 
                185 percent of the poverty line; and
                    (C) is not already served by a high-quality program 
                in the summer before or the summer after the child 
                enters kindergarten.
            (2) Kindergarten plus.--The term ``Kindergarten Plus'' 
        means a voluntary full day of kindergarten, during the summer 
        before and during the summer after, the traditional 
        kindergarten school year (as determined by the State).
            (3) 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).
            (4) Parent.--The term ``parent'' includes a legal guardian 
        or other person standing in loco parentis (such as a 
        grandparent or stepparent with whom the child lives, or a 
        person who is legally responsible for the child's welfare).
            (5) Parental involvement.--The term ``parental 
        involvement'' means the participation of parents in regular, 2-
        way, and meaningful communication with school personnel 
        involving student academic learning and other school 
        activities, including ensuring that parents--
                    (A) play an integral role in assisting their 
                child's learning;
                    (B) are encouraged to be actively involved in their 
                child's education at school; and
                    (C) are full partners in their child's education 
                and are included, as appropriate, in decisionmaking and 
                on advisory committees to assist in the education of 
                their child.
            (6) Poverty line.--The term ``poverty line'' means the 
        poverty line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 9902(2))) 
        applicable to a family of the size involved.
            (7) Eligible provider.--The term ``eligible provider'' 
        means a local educational agency or a private not-for-profit 
        agency or organization, with a demonstrated record in the 
        delivery of early childhood education services to preschool-age 
        children, that provides high-quality early learning and 
        development experiences that--
                    (A) are aligned with the expectations for what 
                children should know and be able to do when the 
                children enter kindergarten and grade 1, as established 
                by the State educational agency; or
                    (B) in the case of an entity that is not a local 
                educational agency and that serves children who have 
                not entered kindergarten, meet the performance 
                standards and performance measures described in 
                subparagraphs (A) and (B) of subsection (a)(1), and 
                subsection (b), of section 641A of the Head Start Act 
                (42 U.S.C. 9836a) or the prekindergarten standards of 
                the State where the entity is located.
            (8) School readiness.--The term ``school readiness'' means 
        the cognitive, social, emotional, approaches to learning, and 
        physical development of a child, including early literacy and 
        early mathematics skills, that prepares the child to learn and 
        succeed in elementary school.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (10) State educational agency.--The term ``State 
        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).

SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES AUTHORIZED.

    (a) In General.--The Secretary is authorized to award grants, on a 
competitive basis, to State educational agencies to enable the State 
educational agencies to provide Kindergarten Plus within the State.
    (b) Sufficient Size.--To the extent possible, the Secretary shall 
ensure that each grant awarded under this section is of sufficient size 
to enable the State educational agency receiving the grant to provide 
Kindergarten Plus to all eligible students served by the local 
educational agencies within the State with the highest concentrations 
of eligible students.
    (c) Minimum Amount.--The Secretary shall not award a grant to a 
State educational agency under this section in an amount that is less 
than $500,000.
    (d) State Use of Funds.--A State educational agency shall use--
            (1) not more than 3 percent of the grant funds received 
        under this Act for administration of the Kindergarten Plus 
        programs funded under the grant;
            (2) not more than 5 percent of the grant funds received 
        under this Act to develop professional development activities 
        and curricula for teachers and staff of Kindergarten Plus 
        programs funded under the grant, in order to develop a 
        continuum of developmentally appropriate curricula and 
        practices for preschool, kindergarten, and grade 1 that 
        ensures--
                    (A) an effective transition to kindergarten and to 
                grade 1 for students; and
                    (B) appropriate expectations for the students' 
                learning and development as the students make the 
                transition to kindergarten and to grade 1; and
            (3) the remainder of the grant funds to award subgrants to 
        local educational agencies.
    (e) Priority.--In awarding grants under this Act the Secretary 
shall give priority to State educational agencies that--
            (1) on their own or in combination with other government 
        agencies, provide full-day kindergarten to all kindergarten-age 
        children who are from families with incomes below 185 percent 
        of the poverty line within the State; or
            (2) demonstrate progress toward providing full-day 
        kindergarten to all kindergarten-age children who are from 
        families with incomes below 185 percent of the poverty line 
        within the State by submitting a plan that shows how the State 
        educational agency will, at a minimum, double the number of 
        such children that were served by a full-day kindergarten 
        program in the school year preceding the school year for which 
        assistance is first sought.

SEC. 5. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) In General.--Each State educational agency that receives a 
grant under this Act--
            (1) shall reserve an amount sufficient to continue to fund 
        multiyear subgrants awarded under this section; and
            (2) shall award subgrants to local educational agencies 
        within the State to enable the local educational agencies to 
        pay the Federal share of the costs of carrying out Kindergarten 
        Plus programs for eligible students.
    (b) Priority.--In awarding subgrants under this section the State 
educational agency shall give priority to local educational agencies--
            (1) serving the greatest number or percentage of 
        kindergarten-age children who are from families with incomes 
        below 185 percent of the poverty line, based on data from the 
        most recent school year; and
            (2) that propose to significantly reduce the class size and 
        student-to-teacher ratio of the classes in their Kindergarten 
        Plus programs below the average class size and student-to-
        teacher ratios of kindergarten classes served by the local 
        educational agencies.
    (c) Federal Share.--The Federal share of the costs of carrying out 
a Kindergarten Plus program under this Act shall be--
            (1) 100 percent for the first, second, and third years of 
        the program;
            (2) 85 percent for the fourth year of the program; and
            (3) 75 percent for the fifth year of the program.
    (d) In-Kind Contributions.--The non-Federal share of the costs of 
carrying out a Kindergarten Plus program may be in the form of in-kind 
contributions.

SEC. 6. STATE APPLICATION.

    (a) In General.--In order to receive a grant under this Act, a 
State educational agency shall submit an application to the Secretary 
at such time and containing such information as the Secretary 
determines appropriate.
    (b) Consultation.--The application shall be developed by the State 
educational agency in consultation with representatives of early 
childhood education programs, early childhood education teachers, 
principals, pupil services personnel, administrators, 
paraprofessionals, other school staff, early childhood education 
providers (including Head Start agencies, State prekindergarten program 
staff, and child care providers), teacher organizations, parents, and 
parent organizations.
    (c) Contents.--At a minimum, the application shall include--
            (1) a description of developmentally appropriate teaching 
        practices and curricula for children that--
                    (A) will be put in place and used by local 
                educational agencies and eligible providers offering 
                Kindergarten Plus programs funded under the grant; and
                    (B) are aligned with the State learning standards 
                and expectations for children in kindergarten and grade 
                1;
            (2) a general description of the nature of the Kindergarten 
        Plus programs to be conducted with funds received under this 
        Act, including--
                    (A) the number of hours each day and the number of 
                days each week that children in each such Kindergarten 
                Plus program will attend the program; and
                    (B) if such a Kindergarten Plus program meets for 
                less than 9 hours a day, how the needs of full-time 
                working families will be addressed;
            (3) goals and objectives to ensure that high-quality 
        Kindergarten Plus programs are provided;
            (4) an assurance that students enrolled in Kindergarten 
        Plus programs funded under the grant, including children with 
        disabilities and children who are limited English proficient, 
        will receive additional comprehensive services (such as 
        nutritional services, health care, and mental health care), as 
        needed; and
            (5) a description of how--
                    (A) the State educational agency will coordinate 
                and integrate services provided under the grant with 
                other educational programs, such as Even Start, Head 
                Start, Reading First, Early Reading First, State-funded 
                preschool programs, preschool programs funded under 
                section 619 or other provisions of part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1419, 1411 et seq.), and kindergarten programs;
                    (B) the State will provide professional development 
                for teachers and staff of local educational agencies 
                and eligible providers that receive subgrants through 
                the grant regarding how to address the school readiness 
                needs of children (including early literacy, early 
                mathematics, and positive behavior) before the children 
                enter kindergarten, throughout the school year, and 
                into the summer after kindergarten;
                    (C) the State will assist Kindergarten Plus 
                programs funded under the grant to provide exemplary 
                parent education and parental involvement activities, 
                such as--
                            (i) training and materials to assist 
                        parents in being their children's first 
                        teachers at home; or
                            (ii) home visiting;
                    (D) the State will conduct outreach to parents with 
                eligible students, including parents whose native 
                language is not English, parents of children with 
                disabilities, and parents of migratory children; and
                    (E) the State educational agency will ensure that 
                each Kindergarten Plus program funded under the grant 
                uses developmentally appropriate practices, including 
                practices and materials that are culturally and 
                linguistically appropriate for the population of 
                children being served in the Kindergarten Plus program.

SEC. 7. LOCAL APPLICATION.

    (a) In General.--In order to receive a subgrant under section 
4(d)(3), a local educational agency shall submit an application to the 
State educational agency at such time and containing such information 
as the State educational agency determines appropriate.
    (b) Consultation.--The application shall be developed by the local 
educational agency in consultation with early childhood education 
teachers, principals, pupil services personnel, administrators, 
paraprofessionals, other school staff, early childhood education 
providers (including Head Start agencies, State prekindergarten program 
staff, and child care providers), teacher organizations, parents, and 
parent organizations.
    (c) Contents.--At a minimum, the application shall include a 
description of--
            (1) the standards, research-based and developmentally 
        appropriate curricula, teaching practices, and ongoing 
        assessments for the purposes of improving instruction and 
        services, to be used by the local educational agency that--
                    (A) are aligned with the State learning standards 
                and expectations for what children should know and be 
                able to do when the children enter kindergarten and 
                grade 1, as set by the State educational agency; and
                    (B) include--
                            (i) language skills, including an expanded 
                        use of vocabulary;
                            (ii) interest in and appreciation of books, 
                        reading, writing alone or with others, and 
                        phonological and phonemic awareness;
                            (iii) premathematics knowledge and skills, 
                        including aspects of classification, seriation, 
                        number sense, spatial relations, and time;
                            (iv) other cognitive abilities related to 
                        academic achievement;
                            (v) social and emotional development, 
                        including self-regulation skills;
                            (vi) physical development, including gross 
                        and fine motor development skills;
                            (vii) in the case of limited English 
                        proficiency, progress toward the acquisition of 
                        the English language; and
                            (viii) approaches to learning;
            (2) how the local educational agency will ensure that the 
        Kindergarten Plus program funded under the subgrant uses 
        curricula and practices that--
                    (A) are developmentally, culturally, and 
                linguistically appropriate for the population of 
                children served in the program; and
                    (B) are aligned with the State learning standards 
                and expectations for children in kindergarten and grade 
                1;
            (3) how the Kindergarten Plus program will improve the 
        school readiness of children served by the local educational 
        agency under the subgrant, especially in mathematics and 
        reading;
            (4) how the Kindergarten Plus program will provide 
        continuity of services and learning for children who were 
        previously served by a different program;
            (5) how the local educational agency will ensure that the 
        Kindergarten Plus program has appropriate services and 
        accommodations in place to serve children with disabilities and 
        children who are limited English proficient;
            (6) how the local educational agency will perform a needs 
        assessment to avoid duplication with other programs within the 
        geographic area served by the local educational agency;
            (7) how the local educational agency will--
                    (A) transition Kindergarten Plus participants into 
                local elementary school programs and services;
                    (B) ensure the development and use of systematic, 
                coordinated records on the educational development of 
                each child participating in the Kindergarten Plus 
                program through periodic meetings and communications 
                among--
                            (i) the Kindergarten Plus program teachers;
                            (ii) elementary school staff; and
                            (iii) local early childhood education 
                        program providers, including Head Start 
                        agencies, State prekindergarten program staff, 
                        and center-based and family child care 
                        providers;
                    (C) provide parent and child orientation sessions 
                conducted by teachers and staff; and
                    (D) provide a qualified staff person to be in 
                charge of coordinating the transition services;
            (8) how the local educational agency will provide 
        instructional and environmental accommodations in the 
        Kindergarten Plus program for children who are limited English 
        proficient, children with disabilities, migratory children, 
        neglected or delinquent youth, Indian children served under 
        part A of title VII of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7401 et seq.), homeless children, and 
        immigrant children;
            (9) how the local educational agency will conduct outreach 
        to parents of eligible students, including parents whose native 
        language is not English, parents of children with disabilities, 
        and parents of migratory children, which may include--
                    (A) activities to provide parents early exposure to 
                the school environment, including meetings with 
                teachers and staff;
                    (B) activities to better engage and inform parents 
                on the benefits of the Kindergarten Plus program and 
                other programs; and
                    (C) other efforts to ensure that parents have a 
                level of comfort with the Kindergarten Plus program and 
                the school environment;
            (10) how the local educational agency will assist the 
        Kindergarten Plus program to provide exemplary parent education 
        and parental involvement activities, such as--
                    (A) training and materials to assist parents in 
                being their children's first teachers at home; or
                    (B) home visiting; and
            (11) how the local educational agency will work with local 
        center-based and family child care providers and Head Start 
        agencies to ensure--
                    (A) the nonduplication of programs and services; 
                and
                    (B) that the needs of working families are met 
                through child care provided before and after the 
                Kindergarten Plus program.

SEC. 8. LOCAL REQUIREMENTS AND PROVISIONS.

    (a) Local Uses of Funds.--A local educational agency that receives 
a subgrant under this Act shall use the subgrant funds for the 
following:
            (1) The operational and program costs associated with the 
        Kindergarten Plus program as described in the application to 
        the State educational agency.
            (2) Personnel services, including recruitment, retention, 
        training, and professional development of teachers, 
        paraprofessionals, and other staff as needed.
            (3) Additional services, as needed, including snacks and 
        meals, mental health care, health care, linguistic assistance, 
        special education and related services, and transportation 
        services associated with the needs of the children in the 
        program.
            (4) Transition services to ensure children make a smooth 
        transition into first grade and proper communication is made 
        with the elementary school on the educational development of 
        each child served under the Kindergarten Plus program.
            (5) Outreach and recruitment activities, including 
        community forums and public service announcements in local 
        media in various languages if necessary to ensure that all 
        individuals in the community are aware of the availability of 
        the Kindergarten Plus program.
            (6) Parental involvement programs, including materials and 
        resources to help parents become more involved in their child's 
        learning at home.
            (7) Extended day services for the eligible students of 
        working families, including working with existing programs in 
        the community to coordinate services if possible.
            (8) Child care services, provided through coordination with 
        local center-based child care and family child care providers, 
        and Head Start agencies, before and after the Kindergarten Plus 
        program for the children participating in the Kindergarten Plus 
        program, to accommodate the schedules of working families.
            (9) Enrichment activities, such as--
                    (A) art, music, and other creative arts;
                    (B) outings and field trips; and
                    (C) other experiences that support children's 
                curiosity, motivation to learn, knowledge, and skills.
    (b) Eligible Provider Grants and Applications.--The local 
educational agency may use subgrant funds received under this Act to 
award a grant to an eligible provider to enable the eligible provider 
to carry out a Kindergarten Plus program for the local educational 
agency. Each eligible provider desiring a grant under this subsection 
shall submit an application to the local educational agency that 
contains the descriptions set forth in section 7 as applied to the 
eligible provider.
    (c) Continuity.--In carrying out a Kindergarten Plus program under 
this Act, a local educational agency is encouraged to explore ways to 
develop continuity in the education of children, for instance by 
keeping, if possible, the same teachers and personnel from the summer 
before kindergarten, through the kindergarten year, and during the 
summer after kindergarten.
    (d) Coordination.--In carrying out a Kindergarten Plus program 
under this Act, a local educational agency shall coordinate with 
existing programs in the community to provide extended care and 
comprehensive services for children and their families in need of such 
care or services.

SEC. 9. TEACHER AND PERSONNEL QUALITY STANDARDS.

    To be eligible for a subgrant under this Act, each local 
educational agency shall ensure that--
            (1) each Kindergarten Plus classroom funded under the 
        subgrant has--
                    (A) a highly qualified teacher, as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801); or
                    (B) if an eligible provider who is not a local 
                educational agency is providing the Kindergarten Plus 
                program in accordance with section 8(b), a teacher 
                that, at a minimum, has--
                            (i) a bachelor's degree in early childhood 
                        education or a related field; and
                            (ii) experience in teaching eligible 
                        students;
            (2) a qualified paraprofessional that meets the 
        requirements for paraprofessionals under section 1119 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6319), is in each Kindergarten Plus classroom assisted under 
        the subgrant;
            (3) Kindergarten Plus teachers and paraprofessionals 
        assisted under the subgrant are compensated on a salary scale 
        comparable to kindergarten through grade 3 teachers and 
        paraprofessionals in public schools served by the local 
        educational agency; and
            (4) class sizes for Kindergarten Plus programs funded under 
        the subgrant do not exceed the class size and ratio parameters 
        set at the State or local level for the traditional 
        kindergarten program.

SEC. 10. DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Grants Authorized.--
            (1) In general.--If a State educational agency does not 
        apply for a grant under this Act or does not have an 
        application approved under section 6, then the Secretary is 
        authorized to award a grant to a local educational agency 
        within the State to enable the local educational agency to pay 
        the Federal share of the costs of carrying out a Kindergarten 
        Plus program.
            (2) Federal share and in-kind contributions.--The Federal 
        share and in-kind contribution provisions described in 
        subsections (c) and (d) of section 5 shall apply to grants 
        awarded under this section.
    (b) Eligibility.--A local educational agency shall be eligible to 
receive a grant under this section if the local educational agency 
operates a full-day kindergarten program that, at a minimum, is 
targeted to kindergarten-age children who are from families with 
incomes below 185 percent of the poverty line within the State.
    (c) Application.--In order to receive a grant under subsection (a), 
a local educational agency shall submit to the Secretary an application 
that--
            (1) contains the descriptions set forth in section 7; and
            (2) includes an assurance that the Kindergarten Plus 
        program funded under the grant will serve eligible students.
    (d) Applicability.--Sections 8 and 9 shall apply to a local 
educational agency receiving a grant under this section in the same 
manner as the sections apply to a local educational agency receiving a 
subgrant under section 5(a).

SEC. 11. EVALUATION, COLLECTION, AND DISSEMINATION OF INFORMATION.

    (a) In General.--Each State educational agency that receives a 
grant under this Act, in cooperation with the local educational 
agencies in the State that receive a subgrant under this Act, shall 
create an evaluation mechanism to determine the effectiveness of the 
Kindergarten Plus programs in the State that are funded under this Act, 
taking into account--
            (1) information from the local needs assessment, conducted 
        in accordance with section 7(c)(6), including--
                    (A) the number of eligible students in the 
                geographic area;
                    (B) the number of children served by the 
                Kindergarten Plus programs, disaggregated by family 
                income, race, ethnicity, native language, and prior 
                enrollment in an early childhood education program;
                    (C) the number of children with disabilities served 
                by the Kindergarten Plus programs; and
                    (D) the number of children who are limited English 
                proficient and served by the Kindergarten Plus 
                programs;
            (2) the recruitment of teachers and staff for the 
        Kindergarten Plus programs, and the retention of such personnel 
        in the programs for more than 1 year;
            (3) the provision of services for children and families 
        served by the Kindergarten Plus programs, including parent 
        education, home visits, and comprehensive services for families 
        who need such services;
            (4) the opportunities for professional development for 
        teachers and staff; and
            (5) the curricula used in the Kindergarten Plus programs.
    (b) Comparison.--The evaluation process may include comparison 
groups of similar children who do not participate in the Kindergarten 
Plus programs.
    (c) Information Collection and Reporting.--The information 
necessary for the evaluation shall be collected yearly by the State and 
reported every 2 years by the State to the Secretary.
    (d) Analysis of Effectiveness.--The Secretary shall conduct an 
analysis of the overall effectiveness of the Kindergarten Plus programs 
assisted under this Act and make the analysis available to Congress, 
and the public, biannually.

SEC. 12. SUPPLEMENT NOT SUPPLANT.

    Funds made available under this Act shall be used to supplement, 
not supplant, other Federal, State, or local funds available to carry 
out activities assisted under this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this Act, there are authorized to 
be appropriated $1,500,000,000 for fiscal year 2011 and such sums as 
may be necessary for each of the fiscal years 2012 through 2016.
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