[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3322 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3322

  To establish an Early Learning Challenge Fund to support States in 
 building and strengthening systems of high-quality early learning and 
             development programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2011

 Mr. Himes (for himself, Mr. Connolly of Virginia, Mr. Polis, and Ms. 
   Hirono) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To establish an Early Learning Challenge Fund to support States in 
 building and strengthening systems of high-quality early learning and 
             development programs, and for other purposes.

    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 ``Supporting State Systems of Early 
Learning Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to support States in building and 
strengthening systems of high-quality early learning and development 
programs.

SEC. 3. PROGRAMS AUTHORIZED.

    (a) Quality Pathways Grants.--The Secretary of Education shall use 
funds made available to carry out this Act for a fiscal year to award 
grants, on a competitive basis, to States that have demonstrated the 
greatest progress in establishing and committing to maintain a system 
of high-quality State early learning programs, consistent with section 
4.
    (b) Development Grants.--The Secretary may use funds made available 
to carry out this Act for a fiscal year to award grants, on a 
competitive basis, in accordance with section 5 to States that 
demonstrate a commitment to establishing and committing to maintain a 
high-quality system of early learning that will include the components 
described in section 4(c)(4) but are not--
            (1) eligible to be awarded a grant under subsection (a); or
            (2) awarded such a grant after application.
    (c) Reservations of Federal Funds.--
            (1) Research, evaluation, and administration.--From the 
        amount made available to carry out this Act for a fiscal year, 
        the Secretary--
                    (A) shall reserve not more than 2 percent to 
                administer this Act jointly with the Secretary of 
                Health and Human Services for expenses of both agencies 
                pursuant to the interagency agreement described in 
                subsection (h); and
                    (B) shall reserve not more than 5 percent to carry 
                out activities under section 6.
            (2) Tribal school readiness planning demonstration.--After 
        making the reservations under paragraph (1), the Secretary 
        shall reserve 5 percent for a competitive grant demonstration 
        program for Indian tribes to develop and implement school 
        readiness plans and programs that--
                    (A) increase access to high-quality State early 
                learning programs that improve health, social, 
                emotional, cognitive, and physical out comes and school 
                readiness; and
                    (B) support Native culture in a tribally 
                administered early learning program, including American 
                Indian and Alaska Native Head Start and Early Head 
                Start programs.
    (d) State Applications.--In applying for a grant under this Act, a 
Governor shall designate or establish a State-level entity (referred to 
in this Act as the ``State'') for administration of the grant. Such 
entity--
            (1) shall coordinate proposed activities with the State 
        Advisory Council on Early Childhood Education and Care 
        (established pursuant to section 642B(b)(1)(A) of the Head 
        Start Act (42 U.S.C. 9837b(b)(1)(A))) and shall incorporate 
        plans and recommendations from such Council in the application, 
        where applicable; and
            (2) shall submit the application to the Secretary at such 
        time, in such manner, and containing such information as the 
        Secretary may reasonably require.
    (e) Priority in Awarding Grants.--In awarding grants under this 
Act, the Secretary shall give priority to States--
            (1) whose applications contain assurances that the State 
        will use, in part, funds reserved under section 658G of the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858e) for activities described in section 4(c)(4);
            (2) that demonstrate efforts to build public-private 
        partnerships, including partnerships with nonprofits and 
        private entities, designed to accomplish the purpose of this 
        Act; and
            (3) that have invested their own funds in early childhood 
        education.
    (f) Use of Funds.--
            (1) Authorized uses of funds for evaluations.--Funds 
        available under this Act may be used for evaluating children 
        for the purposes of--
                    (A) improving instruction or classroom environment;
                    (B) targeting professional development;
                    (C) determining the need for health, mental health, 
                disability, or family support services;
                    (D) informing the quality improvement process at 
                the State level;
                    (E) program evaluation for the purposes of program 
                improvement and parent information;
                    (F) research conducted as part of the national 
                evaluation described under section 5; or
                    (G) assessing children's level of readiness for 
                school success across a broad range of domains of 
                learning and development, including physical well-being 
                and motor development, social and emotional 
                development, approaches toward learning, language 
                development, and cognition and general knowledge.
            (2) Prohibition on use of funds.--Funds available under 
        this Act may not be used for any of the following:
                    (A) Assessments that provide rewards or sanctions 
                for individual children or teachers.
                    (B) A single assessment used as the primary or sole 
                method for assessing program effectiveness.
    (g) Maintenance of Effort.--With respect to each period for which a 
State is awarded a grant under this Act, the expenditures by the State 
on State early learning programs shall not be less than the greater of 
the level of the expenditures for such programs in the prior fiscal 
year or as of the date of enactment of this Act.
    (h) Interagency Agreement.--
            (1) In general.--The Secretary and the Secretary of Health 
        and Human Services shall jointly develop policy for, and 
        administer, this Act in accordance with such terms as the 
        Secretaries shall set forth in an interagency agreement.
            (2) Obligation and disbursement of funds by secretary of 
        education.--The Secretary of Education shall be responsible for 
        obligating and disbursing funds and ensuring compliance with 
        applicable laws and administrative requirements, in accordance 
        with the General Education Provisions Act (20 U.S.C. 1221 et 
        seq.) and parts 74 through 80 of title 34, Code of Federal 
        Regulations.

SEC. 4. QUALITY PATHWAYS GRANTS.

    (a) Grant Period.--Grants under section 3(a)--
            (1) may be awarded for a period of 3 years; and
            (2) may be extended, for a 2-year period, subject to 
        approval by the Secretary, and based on the State's progress 
        in--
                    (A) increasing the number and percentage of 
                children from low-income families in each age group of 
                infants, toddlers, and preschoolers, enrolled in high-
                quality State early learning programs;
                    (B) meeting the components described in subsection 
                (c)(4);
                    (C) increasing the number of high-quality State 
                early learning programs in low-income communities; and
                    (D) incorporating the program quality findings and 
                recommendations, as appropriate.
    (b) Matching Requirement.--Subject to section 9, to be eligible to 
receive a grant under subsection (a) or (b) of section 3, a State shall 
contribute to the activities assisted under the grant, non-Federal 
matching funds in an amount equal to not less than 15 percent of the 
amount of the grant.
    (c) State Applications.--In order to receive a grant under section 
3(a), a State's application under section 3(d) shall include a plan 
that includes the following:
            (1) A description of how the State will use funds 
        prioritized for those programs serving high proportions of low-
        income children in accordance with subsection (e) to improve 
        health, social, emotional, cognitive, physical development, and 
        school readiness for young children by implementing quality 
        initiatives to improve State early learning programs serving 
        disadvantaged children from birth to entry into kindergarten to 
        lead to a greater percentage of children from low-income 
        families participating in high-quality State early learning 
        programs.
            (2) A description of the benchmarks, consistent with 
        section 7, the State will establish to demonstrate that a 
        greater percentage of children from low-income families are 
        participating in high-quality State early learning programs.
            (3) A description of how the State will integrate existing 
        State early learning programs and services into a comprehensive 
        system for early learning and development.
            (4) A description of how the State will implement a system 
        of high-quality State early learning programs and services that 
        includes the following components:
                    (A) A governance structure.
                    (B) State early learning standards.
                    (C) A process to ensure that State early learning 
                standards are integrated into the instructional and 
                programmatic practices of State early learning programs 
                and services.
                    (D) A tiered program rating and improvement system 
                that fully integrates early learning standards, 
                applicable State licensing requirements, program 
                quality standards, and other applicable State 
                regulatory standards, which, at a minimum, shall 
                include standards regarding preservice and ongoing 
                training for staff in early childhood development, 
                health, and safety, and other program standards as 
                required by the State, and that--
                            (i) is designed to improve quality and 
                        effectiveness across different types of early 
                        learning settings;
                            (ii) has progressively higher levels of 
                        program quality leading to quality levels 
                        consistent with or higher than nationally 
                        recognized, high-quality program quality 
                        standards that are valid and reliable for State 
                        early learning programs, such as the Head Start 
                        performance standards described in section 641A 
                        of the Head Start Act (42 U.S.C. 9836a);
                            (iii) determines the extent to which 
                        individual programs across different types of 
                        settings integrate the State's early learning 
                        standards for the purpose of improving 
                        instructional and programmatic practices;
                            (iv) addresses quality for and effective 
                        inclusion of children with disabilities or 
                        developmental delays across all early learning 
                        settings;
                            (v) addresses staff qualifications, 
                        training, and professional development and 
                        education;
                            (vi) addresses the quality of early 
                        learning facilities;
                            (vii) builds the capacity of State early 
                        learning programs and communities to promote 
                        parents' and families' understanding of the 
                        State's early learning system and the rating of 
                        the programs in which their child is enrolled;
                            (viii) provides financial incentives and 
                        other supports designed to achieve and sustain 
                        higher levels of quality; and
                            (ix) includes mechanisms for evaluating how 
                        programs are meeting the State's program 
                        quality standards and progressively higher 
                        levels of quality.
                    (E) A system of program review and monitoring that 
                is designed--
                            (i) to rate providers using the system 
                        described in subparagraph (D) in a way that is 
                        accessible and useful to parents;
                            (ii) to assess and improve programmatic 
                        practices and instructional practices; and
                            (iii) to provide high-quality environments 
                        that can engage children with materials, 
                        curricula, and experiences appropriate to the 
                        developmental level of the child.
                    (F) A process to support and increase the number of 
                State early learning programs integrating instructional 
                and programmatic practices that guide and improve 
                instructional practice, professional development of 
                staff, and services that--
                            (i) include developmentally appropriate, 
                        culturally and linguistically appropriate, 
                        ongoing, classroom-based instructional 
                        assessments for each domain of child 
                        development and learning; and
                            (ii) are aligned with the curriculum used 
                        in the State early learning program and with 
                        the State early learning standards or the Head 
                        Start Child Outcomes Framework (as described in 
                        the Head Start Act (42 U.S.C. 9831 et seq.)), 
                        as applicable.
                    (G) A plan for providing comprehensive preservice 
                preparation and professional development to create, 
                educate, and support a knowledgeable, highly skilled, 
                and well-compensated workforce, across all types of 
                early childhood settings serving all children from 
                birth to kindergarten entry.
                    (H) Outreach strategies that incorporate multiple 
                strategies for parent, expectant parent, and family 
                involvement and education.
                    (I) A plan to promote understanding by parents and 
                families of--
                            (i) the State's program rating system, as 
                        described in subparagraph (D); and
                            (ii) the rating of the program in which 
                        their child is enrolled.
                    (J) A coordinated system to facilitate prompt 
                screening, referral, and provision of services related 
                to health, mental health, disability, and family 
                support for children participating in State early 
                learning programs.
                    (K) A process for evaluating school readiness in 
                children that reflects all of the major domains of 
                development, and that--
                            (i) is used to guide practice and improve 
                        State early learning programs; and
                            (ii) includes multiple measures of school 
                        readiness at kindergarten entry, and which 
                        shall reflect a sample across the State.
                    (L) A comprehensive plan that promotes nutrition 
                and wellness in early learning settings, and which--
                            (i) includes program standards for the 
                        healthful development of infants, toddlers, and 
                        young children;
                            (ii) encourages the provision of foods and 
                        beverages in accordance with the guidelines of 
                        the Richard B. Russell National School Lunch 
                        Act (42 U.S.C. 1751 et seq.), and which 
                        incorporates age appropriate recommendations to 
                        reduce the consumption and excess of sugar, 
                        saturated fat, and sodium; and
                            (iii) reflects physical activity 
                        recommendations which are appropriate for young 
                        children from birth through kindergarten entry.
                    (M) A plan to implement or enhance the State's data 
                system for early learning programs, including--
                            (i) alignment and interoperability between 
                        the data system for early learning programs for 
                        children and data systems for elementary and 
                        secondary education so that progress on key 
                        data elements can be tracked over time with 
                        minimal duplication; and
                            (ii) uniform data collection from all 
                        providers that receive public funding about the 
                        quality of early learning programs, essential 
                        information about the children and families 
                        that participate in such programs, and the 
                        qualifications and compensation of the early 
                        learning workforce in such programs.
                    (N) A plan to ensure effective transitions between 
                State early learning programs and the kindergarten 
                through grade 3 public school system in the State.
                    (O) A plan for how the State will determine which 
                State early learning programs received significant 
                direct funding under this Act, and are not making 
                sufficient quality improvement, including a description 
                of the technical assistance the State will provide to 
                such programs and how the State shall determine when to 
                shift unspent funds under this Act to other State early 
                learning programs in the same geographic region serving 
                similar populations, to the extent practicable.
            (5) A description of how the State will ensure that 
        programs receiving funds under this Act are participating in 
        the State tiered program rating system described in paragraph 
        (4)(D).
            (6) A description of how the funds provided under the grant 
        will be targeted to enhance the quality of early learning 
        programs in order to increase the number and percentage of 
        children from low-income families in high-quality State early 
        learning programs, including children--
                    (A) in each age group (infants, toddlers, and 
                preschoolers);
                    (B) living in rural and urban areas;
                    (C) who are among the most disadvantaged children; 
                and
                    (D) who need access to full-day, full-year State 
                early learning programs.
            (7) A description of the steps the State will take to 
        ensure that all center-based child care programs, family child 
        care programs, State-funded prekindergarten, Head Start 
        programs under the Head Start Act (42 U.S.C. 9831 et seq.), and 
        other State early learning programs are included in the State 
        system described in paragraph (4).
            (8) A description of disparities by age group (infants, 
        toddlers, and preschoolers) and race and ethnicity of available 
        high-quality State early learning programs in low-income 
        communities and the steps the State will take to decrease such 
        disparities, if applicable.
            (9) A description of how the State facilitates access to 
        high-quality State early learning programs for each of the 
        populations described in subparagraphs (A) through (E) of 
        section 10(2), such as through subsidies for children in State 
        early learning programs.
            (10) A description of how the State will align early 
        learning standards with--
                    (A) appropriate State academic content standards 
                for kindergarten through grade 3; and
                    (B) elements of program quality standards.
            (11) A description of how the State will improve 
        interagency collaboration and coordinate the early childhood 
        programs and services throughout the State.
            (12) A description of the time frame the State proposes to 
        develop and implement the elements described in such State's 
        application.
            (13) A description of how the State will implement a 
        process for improving the quality of early learning services to 
        better meet the needs of the most disadvantaged children, 
        including children who are limited English proficient and 
        children with disabilities.
            (14) An assurance that the grant will be used to improve 
        the quality of State early learning programs across a range of 
        types of settings and providers of such programs, and all ages 
        of children (from birth to kindergarten entry).
            (15) An assurance that the Governor has designated or 
        created a State Advisory Council on Early Childhood Education 
        and Care (established pursuant to section 642B(b)(1)(A) of the 
        Head Start Act (42 U.S.C. 9837b(b)(1)(A))), has taken steps to 
        ensure that membership includes all representatives described 
        in section 642B(b)(1)(C) of such Act, and has consulted with 
        such State Advisory Council on Early Childhood Education and 
        Care in applying for a grant under this Act.
            (16) An assurance that the grant will be used only to 
        supplement, and not to supplant, Federal, State, and local 
        funds otherwise available to support existing State early 
        learning programs and services.
            (17) An assurance that the State will continue to 
        participate in section 619 and part C of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.) for 
        the duration of the grant.
    (d) Criteria Used in Awarding Grants.--In awarding grants under 
section 3(a), the Secretary shall award grants under such section, on a 
competitive basis, to those States that have demonstrated the greatest 
progress in establishing and committing to maintain a system of high-
quality State early learning programs, on a competitive basis, based on 
the State's commitment to meeting and developing, as necessary, the 
components described in subsection (c)(4).
    (e) State Uses of Funds.--A State receiving a grant under section 
3(a) shall use the grant funds for activities that implement or improve 
the system components described in subsection (c)(4) and help State 
early learning programs meet and sustain higher levels of program 
quality standards and move more low-income children into higher quality 
programs, consistent with the plan submitted in accordance with 
subsection (c).
    (f) Funds To Expand Access.--A State may apply to the Secretary to 
reserve not more than 25 percent of the amount of the grant to expand 
access for children from low-income families, proportional to the 
disparities by age group identified in subsection (c)(8), to the 
highest quality State early learning programs that offer full-day, 
full-year services.

SEC. 5. DEVELOPMENT GRANTS.

    (a) State Applications.--In order to receive a grant under section 
3(b), a State shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
shall require, including a description of how the State will develop a 
plan consistent with section 4(c).
    (b) Grant Period.--Grants under section 3(b)--
            (1) may be awarded for a period of not to exceed 3 years; 
        and
            (2) may be extended, for a 2-year period, subject to 
        approval by the Secretary, and based on the State's progress 
        in--
                    (A) increasing the number and percentage of 
                children from low-income families in each age group of 
                infants, toddlers, and preschoolers, enrolled in high-
                quality State early learning programs;
                    (B) increasing the number of high-quality State 
                early learning programs in low-income communities; and
                    (C) incorporating the program quality findings and 
                recommendations, as appropriate.
    (c) State Uses of Funds.--
            (1) In general.--A State receiving a grant under section 
        3(b) shall use the grant funds to undertake activities to 
        develop the components of early learning services described in 
        section 4(c)(4) that will allow the State to become eligible 
        and competitive for a grant described in section 3(a).
            (2) Priority.--In improving the quality of State early 
        learning programs in the State, the State shall prioritize the 
        quality of State early learning programs serving children from 
        low-income families.

SEC. 6. RESEARCH AND EVALUATION.

    From funds reserved under section 3(c)(1)(B), the Secretary and the 
Secretary of Health and Human Services, acting jointly and in 
accordance with section 11, shall carry out activities to ensure the 
success of grants to States under this Act.

SEC. 7. BENCHMARKS; INDICATORS; REPORTING.

    (a) Indicators.--The Secretary shall define, by regulation, 
indicators to be used to measure success on the activities carried out 
under a grant under this Act, the primary indicator of which shall be 
increasing the number and percentage of low-income children in high-
quality, State early learning programs.
    (b) Benchmarks.--Each State receiving a grant under this Act 
shall--
            (1) develop quantifiable benchmarks for the State and the 
        activities supported under the grant based on the indicators 
        described in subsection (a) that are applicable to the State;
            (2) submit the benchmarks for approval to the Secretary; 
        and
            (3) report to the Secretary on progress in meeting such 
        benchmarks as required by the Secretary.
    (c) Disaggregation.--The indicators and benchmarks described in 
this section shall be disaggregated.

SEC. 8. TECHNICAL ASSISTANCE.

    The Secretary shall reserve not more than $5,000,000 from amounts 
appropriated under this Act to directly, or through grant or contract, 
provide technical assistance to eligible entities to prepare the 
entities to qualify, apply for, and maintain grants under section 4 or 
5.

SEC. 9. FINANCIAL HARDSHIP WAIVER.

    The Secretary may waive or reduce a requirement under this Act 
regarding the non-Federal share of a State or maintenance of effort of 
a State if the State demonstrates a need for such waiver or reduction 
due to financial hardship.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Child.--The term ``child'' refers to an individual from 
        birth through the day the individual enters kindergarten.
            (2) Disadvantaged.--The term ``disadvantaged'', when used 
        with respect to a child, means--
                    (A) a child from a low-income family;
                    (B) a homeless child;
                    (C) a child in the custody of a child welfare 
                agency;
                    (D) a child with a developmental delay or 
                disability; or
                    (E) a child who is limited English proficient.
            (3) Early learning standards.--The term ``early learning 
        standards'' means a set of expectations for the learning and 
        development of children from birth through entry into 
        kindergarten that--
                    (A) emphasize significant developmentally 
                appropriate content and outcomes that describe what 
                children should know and be able to do across all 
                domains, including language, literacy, mathematics, 
                science, social development, emotional development, 
                health and physical well-being, and approaches to 
                learning;
                    (B) are based on research about the processes, 
                sequences, and long-term influence of early learning 
                and development;
                    (C) identify approaches to learning that are 
                developmentally appropriate (including culturally and 
                linguistically appropriate) and supportive of positive 
                outcomes for all children;
                    (D) are aligned with the appropriate State academic 
                content standards for kindergarten through grade 3;
                    (E) inform providers, programs, teachers, schools, 
                parents, and the community on what young children are 
                expected to learn; and
                    (F) guide providers, programs, teachers, and 
                schools in supporting children to help children meet 
                high expectations.
            (4) Homeless children.--The term ``homeless children'' has 
        the meaning given the term ``homeless children and youths'' in 
        section 725(2) of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11434a(2)).
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) Limited english proficient.--The term ``limited English 
        proficient'' has the meaning given the term in section 637 of 
        the Head Start Act (42 U.S.C. 9832).
            (7) Low-income.--The term ``low-income'', when used with 
        respect to a child, means a child whose family income is 
        described in section 658P(4)(B) of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(B)).
            (8) Program quality standards.--The term ``program quality 
        standards'' means the characteristics of State early learning 
        programs, across a range of settings, that have an impact on 
        children's development and learning. Such characteristics 
        include--
                    (A) the ratio of early learning providers to 
                children;
                    (B) staff qualifications;
                    (C) the quality and effectiveness of interactions 
                between early learning providers and children and the 
                children's families in the program;
                    (D) the program philosophy and curriculum;
                    (E) the quality and quantity of equipment and 
                materials;
                    (F) the quality of the physical environment; and
                    (G) safety and health provisions and other 
                applicable Federal or State requirements with respect 
                to State early learning programs.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (10) State.--The term ``State'' has the meaning given the 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (11) State early learning program.--The term ``State early 
        learning program'' has the meaning given the term ``early 
        childhood education program'' in section 103 of the Higher 
        Education Act of 1965 (20 U.S.C. 1003).

SEC. 11. RESEARCH AND EVALUATION; BENCHMARKS AND CONSULTATION.

    (a) Research and Evaluation.--
            (1) In general.--The Secretary shall transfer amounts 
        reserved for research and evaluation under section 3(c)(1)(B) 
        to the Institute of Education Sciences, to be used--
                    (A) for the evaluation of grants or other 
                assistance funded under such section;
                    (B) to support research on policies and practices 
                related to such grants; and
                    (C) to disseminate the results of such research and 
                evaluation.
            (2) Collaboration.--The evaluation and research described 
        in paragraph (1) shall be carried out in collaboration with--
                    (A) the appropriate evaluation divisions within the 
                Department of Education;
                    (B) the office within the Department of Education 
                administering the grants that are the subject of the 
                evaluation and research; and
                    (C) the Department of Health and Human Services and 
                the Department of Labor as appropriate.
    (b) Developing Indicators and Benchmarks.--In developing indicators 
and benchmarks for programs funded under this Act, the Secretary shall 
consult with the Secretary of Health and Human Services and the 
Director of the Institute of Education Sciences.

SEC. 12. APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $350,000,000 for fiscal year 2012 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    (b) Availability of Funds.--Funds appropriated under this section 
for fiscal year 2012 shall be available through September 30, 2013.
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