[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 839 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 839

      To assist States in making voluntary high quality universal 
prekindergarten programs available to 3- to 5-year olds for at least 1 
                      year preceding kindergarten.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2009

 Mr. Casey (for himself, Mr. Kaufman, Mr. Whitehouse, Mr. Sanders, and 
  Mr. Begich) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
      To assist States in making voluntary high quality universal 
prekindergarten programs available to 3- to 5-year olds for at least 1 
                      year preceding kindergarten.

    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 ``Prepare All Kids Act of 2009''.

SEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS.

    Title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) is amended--
            (1) by redesignating part I as part J; and
            (2) by inserting after part H the following:

            ``PART I--HIGH QUALITY PREKINDERGARTEN PROGRAMS

``SEC. 1841. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Investments in children and early childhood 
        development education should be a national priority.
            ``(2) State-funded preschool is the most rapidly expanding 
        segment of the United States educational system, but in many 
        States a lack of stable funding poses an enormous threat to the 
        provision or continuation of high quality preschool.
            ``(3) Researchers, educators, and economists have long 
        noted an achievement gap for low-income and minority students 
        as compared to their more advantaged peers that is often 
        already evident when children enter school for the first time.
            ``(4) One study showed that before entering kindergarten, 
        the average cognitive scores of preschool-age children in the 
        highest socioeconomic group are 60 percent above the average 
        scores of children in the lowest socioeconomic group.
            ``(5) For low-income preschoolers, research shows that high 
        quality early education and development is vital to closing the 
        achievement gap between them and their more advantaged peers.
            ``(6) Numerous studies have shown that high quality 
        preschool programs--
                    ``(A) improve a number of specific life outcomes 
                for children; and
                    ``(B) are cost effective.
            ``(7) The provision of high quality prekindergarten is a 
        cost-effective investment for children and for the Nation. 
        Research shows that for every $1 invested in high quality early 
        childhood programs, taxpayers save up to $7 in crime, welfare, 
        remedial and special education, and other costs.
            ``(8) High quality early education increases academic 
        success for schoolchildren who received that education by--
                    ``(A) improving skills in areas such as following 
                directions and problem solving;
                    ``(B) improving children's performance on 
                standardized tests;
                    ``(C) reducing grade repetition;
                    ``(D) reducing the number of children placed in 
                special education; and
                    ``(E) increasing high school graduation rates.
            ``(9) High quality early education promotes responsible 
        behavior by teens and adults who received that education by--
                    ``(A) reducing crime, delinquency, and unhealthy 
                behaviors such as smoking and drug use;
                    ``(B) lowering rates of teen pregnancy;
                    ``(C) leading to greater employment and higher 
                wages for adults; and
                    ``(D) contributing to more stable families.
            ``(10) High quality prekindergarten programs prepare 
        children to--
                    ``(A) succeed in school;
                    ``(B) achieve higher levels of education; and
                    ``(C) become citizens who--
                            ``(i) earn more in adulthood;
                            ``(ii) compete in the global economy; and
                            ``(iii) contribute to our national 
                        prosperity.

``SEC. 1842. DEFINITIONS.

    ``In this part:
            ``(1) Full-day.--The term `full-day', used with respect to 
        a program, means a program with a minimum of a 6-hour schedule 
        per day.
            ``(2) Poverty line.--The term `poverty line' has the 
        meaning given the term in section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) and includes any 
        revision required by that section.
            ``(3) Prekindergarten.--The term `prekindergarten' means a 
        program that--
                    ``(A) serves children who are ages 3 through 5;
                    ``(B) supports children's cognitive, social, 
                emotional, and physical development and approaches to 
                learning; and
                    ``(C) helps prepare children for a successful 
                transition to kindergarten.
            ``(4) Prekindergarten teacher.--The term `prekindergarten 
        teacher' means an individual who--
                    ``(A) has a bachelor of arts degree with a 
                specialization in early childhood education or early 
                childhood development; or
                    ``(B) during the 6-year period following the first 
                date on which the individual is employed as such a 
                teacher under this part, is working toward that degree.
            ``(5) Qualified prekindergarten provider.--The term 
        `qualified prekindergarten provider' includes a provider of a 
        prekindergarten program, a Head Start agency, a provider of a 
        child care program, a school, and a for-profit or nonprofit 
        organization that--
                    ``(A) is in existence on the date of the 
                qualification determination; and
                    ``(B) has met applicable requirements under State 
                or local law that are designed to protect the health 
                and safety of children and that are applicable to child 
                care providers.

``SEC. 1843. PROGRAM AUTHORIZATION.

    ``(a) Prekindergarten Incentive Fund.--The Secretary, in 
collaboration and consultation with the Secretary of Health and Human 
Services, shall create a Prekindergarten Incentive Fund, to be 
administered by the Secretary of Education.
    ``(b) Grants.--In administering the Fund, the Secretary shall award 
grants to eligible States based on a formula established by the 
Secretary in accordance with subsection (c), to pay for the Federal 
share of the cost of awarding subgrants to qualified prekindergarten 
providers to establish, expand, or enhance voluntary high quality full-
day prekindergarten programs.
    ``(c) Minimum Allotment.--No State shall receive a grant allotment 
under subsection (b) for a fiscal year that is less than one-half of 1 
percent of the total amount made available to carry out this part for 
such fiscal year.

``SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS.

    ``(a) Designated State Agency.--To be eligible to receive a grant 
under this part, a State shall designate a State agency to administer 
the State program of assistance for prekindergarten programs funded 
through the grant, including receiving and administering funds and 
monitoring the programs.
    ``(b) State Application.--In order for a State to be eligible to 
receive a grant under this part, the designated State agency shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may reasonably 
require, including--
            ``(1) an assurance that the State will award subgrants for 
        prekindergarten programs that are sufficient to provide a high 
        quality prekindergarten experience;
            ``(2) an assurance that not less than 25 percent of the 
        qualified prekindergarten providers receiving such subgrants 
        will be providers of community-based programs;
            ``(3) a description of the number of children in the State 
        who are eligible for the prekindergarten programs and the needs 
        that will be served through the prekindergarten programs;
            ``(4) a description of how the State will ensure that the 
        subgrants are awarded to a wide range of types of qualified 
        prekindergarten providers;
            ``(5) a description of how the designated State agency will 
        collaborate and coordinate activities with the State Advisory 
        Council on Early Childhood Education and Care, State-funded 
        providers of prekindergarten programs, providers of federally 
        funded programs such as Head Start agencies, local educational 
        agencies, and child care providers;
            ``(6) a description of how the State will ensure, through a 
        monitoring process, that qualified prekindergarten providers 
        receiving the subgrants provide programs that meet the 
        standards of high quality early education, and use funds 
        appropriately;
            ``(7) a description of how the State will meet the needs of 
        the most disadvantaged students, including families at or below 
        200 percent of the poverty line;
            ``(8) a description of how the State will meet the needs of 
        working parents; and
            ``(9) a description of how the State will assist in 
        providing professional development assistance to 
        prekindergarten teachers and teacher aides.
    ``(c) Federal Share.--The Federal share of the cost described in 
section 1843(b) shall be 50 percent. The State shall provide the non-
Federal share of the cost in cash.
    ``(d) Supplementary Federal Funding.--Funds made available under 
this part may be used only to supplement and not supplant other 
Federal, State, local, or private funds that would, in the absence of 
the funds made available under this part, be made available for early 
childhood programs.
    ``(e) Maintenance of Effort.--A State that receives a grant under 
this part for a fiscal year shall maintain the expenditures of the 
State for early childhood programs at a level not less than the level 
of such expenditures of the State for the preceding fiscal year.

``SEC. 1845. STATE SET ASIDES AND EXPENDITURES.

    ``(a) Infant and Toddler Set Aside.--Notwithstanding sections 1842 
and 1843, a State shall set aside not less than 15 percent of the funds 
made available through a grant awarded under this part for the purpose 
of funding high quality early childhood development programs for 
children who are ages 0 through 3. Funds made available under this 
subsection may also be used for professional development for teachers 
and teacher aides in classrooms for children who are ages 0 through 3.
    ``(b) Extended Day and Extended Year Set Aside.--Notwithstanding 
section 1843, a State shall set aside not less than 10 percent of the 
funds made available through a grant awarded under this part for the 
purpose of extending the hours of early childhood programs to create 
extended day and extended year programs.
    ``(c) Administrative Expenses.--Not more than 5 percent of the 
funds made available through such a grant may be used for 
administrative expenses, including monitoring.

``SEC. 1846. LOCAL APPLICATIONS.

    ``To be eligible to receive a subgrant under this part, a qualified 
prekindergarten provider shall submit an application to the designated 
State agency at such time, in such manner, and containing such 
information as the agency may reasonably require, including--
            ``(1) a description of how the qualified prekindergarten 
        provider will meet the diverse needs of children in the 
        community to be served, including children with disabilities, 
        whose native language is not English, or with other special 
        needs, children in the State foster care system, and homeless 
        children;
            ``(2) a description of how the qualified prekindergarten 
        provider will serve eligible children who are not served 
        through similar services or programs;
            ``(3) a description of a plan for actively involving 
        parents and families in the prekindergarten program and the 
        success of their children in the program;
            ``(4) a description of how children in the prekindergarten 
        program, and their parents and families, will receive referrals 
        to, or assistance with, accessing supportive services provided 
        within the community;
            ``(5) a description of how the qualified prekindergarten 
        provider collaborates with the State Advisory Council on Early 
        Childhood Education and Care and providers of other programs 
        serving children and families, including Head Start agencies, 
        providers of child care programs, and local educational 
        agencies, to meet the needs of children, families, and working 
        families, as appropriate; and
            ``(6) a description of how the qualified prekindergarten 
        provider will collaborate with local educational agencies to 
        ensure a smooth transition for participating students from the 
        prekindergarten program to kindergarten and early elementary 
        education.

``SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS.

    ``(a) Mandatory Uses of Funds.--A qualified prekindergarten 
provider that receives a subgrant under this part shall use funds 
received through the grant to establish, expand, or enhance 
prekindergarten programs for children who are ages 3 through 5, 
including--
            ``(1) providing a prekindergarten program that supports 
        children's cognitive, social, emotional, and physical 
        development and approaches to learning, and helps prepare 
        children for a successful transition to kindergarten; and
            ``(2) purchasing educational equipment, including 
        educational materials, necessary to provide a high quality 
        prekindergarten program.
    ``(b) Permissible Use of Funds.--A qualified prekindergarten 
provider that receives a subgrant under this part may use funds 
received through the grant to--
            ``(1) extend part-day prekindergarten programs to full-day 
        prekindergarten programs and year-round programs;
            ``(2) pay for transporting students to and from a 
        prekindergarten program; and
            ``(3) provide professional development assistance to 
        prekindergarten teachers and teacher aides.
    ``(c) Program Requirements.--A qualified prekindergarten provider 
that receives a subgrant under this part shall carry out a high quality 
prekindergarten program by--
            ``(1) maintaining a maximum class size of 20 children, with 
        at least 1 prekindergarten teacher per classroom;
            ``(2) ensuring that the ratio of children to 
        prekindergarten teachers and teacher aides shall not exceed 10 
        to 1;
            ``(3) utilizing a prekindergarten curriculum that is 
        research- and evidence-based, developmentally appropriate, and 
        designed to support children's cognitive, social, emotional, 
        and physical development, and approaches to learning; and
            ``(4) ensuring that prekindergarten teachers meet the 
        requirements of this part.

``SEC. 1848. REPORTING.

    ``(a) Qualified Prekindergarten Provider Reports.--Each qualified 
prekindergarten provider that receives a subgrant from a State under 
this part shall submit an annual report, to the designated State 
agency, that reviews the effectiveness of the prekindergarten program 
provided. Such annual report shall include--
            ``(1) data specifying the number and ages of enrolled 
        children, and the family income, race, gender, disability, and 
        native language of such children;
            ``(2) a description of--
                    ``(A) the curriculum used by the program;
                    ``(B) how the curriculum supports children's 
                cognitive, social, emotional, and physical development 
                and approaches to learning; and
                    ``(C) how the curriculum is appropriate for 
                children of the culture, language, and ages of the 
                children served; and
            ``(3) a statement of all sources of funding received by the 
        program, including Federal, State, local, and private funds.
    ``(b) State Reports.--Each State that receives a grant under this 
part shall submit an annual report to the Secretary detailing the 
effectiveness of all prekindergarten programs funded under this part in 
the State.
    ``(c) Report to Congress.--The Secretary shall submit an annual 
report to Congress that describes the State programs of assistance for 
prekindergarten programs funded under this part.

``SEC. 1849. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
such sums as may be necessary for fiscal years 2010 through 2014.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents in section 1(b) of 
the Elementary and Secondary Education Act of 1965 is amended--
            (1) by striking the item relating to the part heading for 
        part I of title I and inserting the following:

                    ``Part J--General Provisions'';

        and
            (2) by inserting after the items relating to part I of 
        title I and inserting the following:

        ``Part I--High Quality Full-Day Prekindergarten Programs

``Sec. 1841. Findings.
``Sec. 1842. Definitions.
``Sec. 1843. Program authorization.
``Sec. 1844. State applications and requirements.
``Sec. 1845. State set asides and expenditures.
``Sec. 1846. Local applications.
``Sec. 1847. Local prekindergarten program requirements.
``Sec. 1848. Reporting.
``Sec. 1849. Authorization of appropriations.''.
    (b) Provisions.--Sections 1304(c)(2) and 1415(a)(2)(C) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6394(c)(2), 
6435(a)(2)(C)) are amended by striking ``part I'' and inserting ``part 
J''.
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