1.This Act may be cited as the
Supporting State Systems of Early
Learning Act
.
2.The purpose of this Act is to support States
in building and strengthening systems of high-quality early learning and
development programs.
3.
(a)The Secretary 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)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 administrationFrom 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 demonstrationAfter making the reservations
under
paragraph (1), the Secretary shall
reserve 2 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)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 grantsIn 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);
and
(2)that demonstrate
efforts to build public-private partnerships designed to accomplish the purpose
of this Act.
(f)Prohibitions on
use of fundsFunds available under this Act may not be used for
any of the following:
(1)Assessments that
provide rewards or sanctions for individual children or teachers.
(2)A single assessment used as the primary or
sole method for assessing program effectiveness.
(3)Evaluating children other than for—
(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; or
(F)research conducted
as part of the national evaluation described under section 5.
(g)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)
(1)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 that shall include, at a minimum, joint
appointment of peer review panels, joint development of guidance or
regulations, shared development of applications, shared monitoring of the grant
programs, shared provision of technical assistance, and shared development and
implementation of indicators, benchmarks, and research and development plans
and activities.
(2)Obligation and
disbursement of funds by Secretary of EducationThe 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.
4.
(a)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)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)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 linked to
improved compensation;
(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 grantsIn 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)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)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.
5.
(a)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)The Secretary shall
award grants under section 3(b) for a period not to exceed 3 years, and such
grants may not be renewed.
(c)
(1)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)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.
6.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.
7.Benchmarks;
indicators; reporting
(a)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)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)The
indicators and benchmarks described in this section shall be
disaggregated.
8.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.
9.Financial
hardship waiverThe 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.
10.In this Act:
(1)The
term child refers to an individual from birth through the day the
individual enters kindergarten.
(2)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)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)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)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
proficientThe term
limited English proficient has the meaning given the term in
section 637 of the Head Start Act (42 U.S.C. 9832).
(7)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
standardsThe 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)The term Secretary means the
Secretary of Education.
(10)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 programThe 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).
11.Research and
evaluation; benchmarks and consultation
(a)
(1)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)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 benchmarksIn 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.
12.
(a)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)Funds appropriated under this section for fiscal year 2012
shall be available through September 30, 2013.