[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 502 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 502

    To assist States in providing voluntary high-quality universal 
 prekindergarten programs and programs to support infants and toddlers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2013

   Mr. Casey 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 providing voluntary high-quality universal 
 prekindergarten programs and programs to support infants and toddlers.

    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 2013''.

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 preschool-age 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 students' performance on 
                standardized tests;
                    ``(C) reducing grade repetition;
                    ``(D) reducing the number of students placed in 
                special education; and
                    ``(E) increasing secondary 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.
            ``(11) The gap in developmental progress prior to preschool 
        is significant for thousands of young children, and needs to be 
        addressed in order to have a strong foundation for children's 
        progress in preschool and later years.

``SEC. 1842. DEFINITIONS.

    ``In this part:
            ``(1) Child.--The term `child' means an individual between 
        the ages of birth and the legal entry age for which the State 
        provides free kindergarten.
            ``(2) Full-day.--The term `full-day' means a school day 
        that is equivalent to a full school day at the public 
        elementary schools in the State.
            ``(3) 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.
            ``(4) Prekindergarten program.--The term `prekindergarten 
        program' means a program that--
                    ``(A) serves children who have attained the State's 
                legal age for State-funded prekindergarten;
                    ``(B) addresses all domains, including children's 
                cognitive, social, emotional, and physical development 
                and approaches to learning; and
                    ``(C) helps prepare such children for a successful 
                transition to kindergarten.
            ``(5) Prekindergarten teacher.--The term `prekindergarten 
        teacher' means an individual who teaches in a prekindergarten 
        program and--
                    ``(A) has a baccalaureate 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 a teacher 
                in a prekindergarten program assisted under this part, 
                is working toward such degree.
            ``(6) 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, or other entities providing 
        prekindergarten services for eligible children that--
                    ``(A) is in existence on the date of the 
                qualification determination;
                    ``(B) has demonstrated experience in providing 
                early childhood education services to children; and
                    ``(C) 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, or similar health and safety standards 
                for public elementary and secondary schools.
            ``(7) State advisory council on early childhood education 
        and care.--The term `State Advisory Council on Early Childhood 
        Education and Care' means the State Advisory Council on Early 
        Childhood Education and Care designated or established under 
        section 642B of the Head Start Act (42 U.S.C. 9837b) for a 
        State.

``SEC. 1843. PROGRAM AUTHORIZATION.

    ``(a) Prekindergarten Incentive Fund.--The Secretary of Education, 
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 in amounts 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 prekindergarten 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) State and Federal Contributions.--
            ``(1) 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.
            ``(2) Non-federal share.--The State shall provide the non-
        Federal share of the cost described in section 1843(b) in cash. 
        A State may include, as the State's non-Federal share, State 
        funds designated for State prekindergarten programs or to 
        supplement Head Start programs, but may not include any funds 
        that are attributed as matching funds, as part of a non-Federal 
        share, or as a maintenance of effort requirement, for any other 
        Federal program.
    ``(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 section 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 
from birth through age 3. Funds made available under this subsection 
may also be used for professional development for teachers and teacher 
aides in classrooms for children from birth through age 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 development programs 
to create extended day and extended year programs.
    ``(c) Administrative Expenses.--Not more than 5 percent of the 
funds made available through a grant awarded under this part 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, 
        children whose native language is not English, children 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 the enrolled 
                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. PROHIBITED USE OF ASSESSMENTS FOR YOUNG CHILDREN.

    ``Funds available under this part, including funds provided as the 
non-Federal share required under section 1844(c)(2), may not be used 
for assessments of children in prekindergarten programs or early 
childhood development programs for any of the following:
    ``(a) Assessments that provide or lead to rewards or sanctions for 
individual children, teachers, programs, or schools.
    ``(b) A single assessment used as the primary or sole method for 
assessing program effectiveness.
    ``(c) Evaluating children other than for--
            ``(1) improving instruction or classroom environment;
            ``(2) targeting high-quality, evidence-based professional 
        development;
            ``(3) determining the need for health, mental health, 
        disability, or family support services;
            ``(4) informing the quality improvement process at the 
        State level;
            ``(5) program evaluation for the purposes of program 
        improvement and parent information; or
            ``(6) research conducted as part of a national evaluation.

``SEC. 1850. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
such sums as may be necessary for fiscal years 2014 through 2018.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents in section 2 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 item relating to section 1830 
        the following:

            ``Part I--High-Quality 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. Prohibited use of assessments for young children.
``Sec. 1850. Authorization of appropriations.''.
    (b) Conforming 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 each amended by striking ``part I'' and 
inserting ``part J''.
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