[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4864-S4872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2152. Mr. CASEY (for himself, Mrs. Murray, Ms. Hirono, Mr. Durbin,
Mr. Murphy, Mr. Heinrich, Ms. Baldwin, Mr. Udall, Mr. Schatz, Ms.
Mikulski, Mr. Franken, Mr. Markey, Mr. Whitehouse, Mrs. Gillibrand, Mr.
Wyden, Mr. Coons, Ms. Warren, Ms. Cantwell, Mr. Schumer, Mrs. Shaheen,
and Mr. Sanders) submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:
At the end of title X, add the following:
PART C--UNIVERSAL PREKINDERGARTEN
Subpart A--Prekindergarten Access
SEC. 10300. SHORT TITLE.
This part may be cited as the ``Strong Start for America's
Children Act of 2015''.
SEC. 10301. PURPOSES.
The purposes of this subpart are to--
(1) establish a Federal-State partnership to provide access
to high-quality public prekindergarten programs for all
children from low-income and moderate-income families to
ensure that they enter kindergarten prepared for success;
(2) broaden participation in such programs to include
children from additional middle-class families;
(3) promote access to high-quality kindergarten, and high-
quality early childhood education programs and settings for
children; and
(4) increase access to appropriate supports so children
with disabilities and other children who need specialized
supports can fully participate in high-quality early
education programs.
SEC. 10302. DEFINITIONS.
In this subpart:
[[Page S4865]]
(1) Child with a disability.--The term ``child with a
disability'' means--
(A) a child with a disability, as defined in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401); or
(B) an infant or toddler with a disability, as defined in
section 632 of the Individuals with Disabilities Education
Act (20 U.S.C. 1432).
(2) Comprehensive early learning assessment system.--The
term ``comprehensive early learning assessment system''--
(A) means a coordinated and comprehensive system of
multiple assessments, each of which is valid and reliable for
its specified purpose and for the population with which it
will be used, that--
(i) organizes information about the process and context of
young children's learning and development to help early
childhood educators make informed instructional and
programmatic decisions; and
(ii) conforms to the recommendations of the National
Research Council reports on early childhood; and
(B) includes, at a minimum--
(i) child screening measures to identify children who may
need follow-up services to address developmental, learning,
or health needs in, at a minimum, areas of physical health,
behavioral health, oral health, child development, vision,
and hearing;
(ii) child formative assessments;
(iii) measures of environmental quality; and
(iv) measures of the quality of adult-child interactions.
(3) Dual language learner.--The term ``dual language
learner'' means an individual who is limited English
proficient.
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term
under section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(5) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Eligibility determination date.--The term ``eligibility
determination date'' means the date used to determine
eligibility for public elementary school in the community in
which the eligible local entity involved is located.
(7) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a local educational agency, including a charter school
or a charter management organization that acts as a local
educational agency, or an educational service agency in
partnership with a local educational agency;
(B) an entity (including a Head Start program or licensed
child care setting) that carries out, administers, or
supports an early childhood education program; or
(C) a consortium of entities described in subparagraph (A)
or (B).
(8) Full-day.--The term ``full-day'' means a day that is--
(A) equivalent to a full school day at the public
elementary schools in a State; and
(B) not less than 5 hours a day.
(9) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(10) High-quality prekindergarten program.--The term
``high-quality prekindergarten program'' means a
prekindergarten program supported by an eligible local entity
that includes, at a minimum, the following elements based on
nationally recognized standards:
(A) Serves children who--
(i) are age 4 or children who are age 3 or 4, by the
eligibility determination date (including children who turn
age 5 while attending the program); or
(ii) have attained the legal age for State-funded
prekindergarten.
(B) Requires high qualifications for staff, including that
teachers meet the requirements of 1 of the following clauses:
(i) The teacher has a bachelor's degree in early childhood
education or a related field with coursework that
demonstrates competence in early childhood education.
(ii) The teacher--
(I) has a bachelor's degree in any field;
(II) has demonstrated knowledge of early childhood
education by passing a State-approved assessment in early
childhood education;
(III) while employed as a teacher in the prekindergarten
program, is engaged in ongoing professional development in
early childhood education for not less than 2 years; and
(IV) not more than 4 years after starting employment as a
teacher in the prekindergarten program, enrolls in and
completes a State-approved educator preparation program in
which the teacher receives training and support in early
childhood education.
(iii) The teacher has bachelor's degree with a credential,
license, or endorsement that demonstrates competence in early
childhood education.
(C) Maintains an evidence-based maximum class size.
(D) Maintains an evidence-based child to instructional
staff ratio.
(E) Offers a full-day program.
(F) Provides developmentally appropriate learning
environments and evidence-based curricula that are aligned
with the State's early learning and development standards
described in section 10305(1).
(G) Offers instructional staff salaries comparable to
kindergarten through grade 12 teaching staff.
(H) Provides for ongoing monitoring and program evaluation
to ensure continuous improvement.
(I) Offers accessible comprehensive services for children
that include, at a minimum--
(i) screenings for vision, hearing, dental, health
(including mental health), and development (including early
literacy and math skill development) and referrals, and
assistance obtaining services, when appropriate;
(ii) family engagement opportunities that take into account
home language, such as parent conferences (including parent
input about their child's development) and support services,
such as parent education, home visiting, and family literacy
services;
(iii) nutrition services, including nutritious meals and
snack options aligned with requirements set by the most
recent Child and Adult Care Food Program guidelines
promulgated by the Department of Agriculture as well as
regular, age-appropriate, nutrition education for children
and their families;
(iv) programs in coordination with local educational
agencies and entities providing services and supports
authorized under part B and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.; 1431 et
seq.) to ensure the full participation of children with
disabilities;
(v) physical activity programs aligned with evidence-based
guidelines, such as those recommended by the Institute of
Medicine, and which take into account and accommodate
children with disabilities;
(vi) additional support services, as appropriate, based on
the findings of the community assessment, as described in
section 10311(b)(4); and
(vii) on-site coordination, to the maximum extent
practicable.
(J) Provides high-quality professional development for all
staff, including regular in-classroom observation for
teachers and teacher assistants by individuals trained in
such observation and which may include evidence-based
coaching.
(K) Meets the education performance standards in effect
under section 641A(a)(1)(B) of the Head Start Act (42 U.S.C.
9836a(a)(1)(B)).
(L) Maintains evidence-based health and safety standards.
(M) Maintains disciplinary policies that do not include
expulsion or suspension of participating children, except as
a last resort in extraordinary circumstances where--
(i) there is a determination of a serious safety threat;
and
(ii) policies are in place to provide appropriate
alternative early educational services to expelled or
suspended children while they are out of school.
(11) Homeless child.--The term ``homeless child'' means a
child or youth described in section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
(12) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given
the terms in 658P of the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858n).
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(14) 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).
(15) Local educational agency; state educational agency;
educational service agency.--The terms ``local educational
agency'', ``State educational agency'', and ``educational
service agency'' have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(16) Migratory child.--The term ``migratory child'' has the
meaning given the term in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399).
(17) Outlying area.--The term ``outlying area'' means each
of the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the
Republic of Palau, the Federated States of Micronesia, and
the Republic of the Marshall Islands.
(18) Poverty line.--The term ``poverty line'' means the
official poverty line (as defined by the Office of Management
and Budget)--
(A) adjusted to reflect the percentage change in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor for the
most recent 12-month period or other interval for which the
data are available; and
(B) applicable to a family of the size involved.
(19) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(20) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(21) State.--Except as otherwise provided in this subpart,
the term ``State'' means each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, and each of the
outlying areas.
(22) 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 established
under section 642B(b) of the Head Start Act (42 U.S.C.
9837b(b)).
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SEC. 10303. PROGRAM AUTHORIZATION.
From amounts made available to carry out this subpart, the
Secretary, in consultation with the Secretary of Health and
Human Services, shall award grants to States to implement
high-quality prekindergarten programs, consistent with the
purposes of this subpart described in section 10301. For each
fiscal year, the funds provided under a grant to a State
shall equal the allotment determined for the State under
section 10304.
SEC. 10304. ALLOTMENTS AND RESERVATIONS OF FUNDS.
(a) Reservation.--From the amount made available each
fiscal year to carry out this subpart, the Secretary shall--
(1) reserve not less than 1 percent and not more than 2
percent for payments to Indian tribes and tribal
organizations;
(2) reserve one-half of 1 percent for the outlying areas to
be distributed among the outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purposes of this subpart;
(3) reserve one-half of 1 percent for eligible local
entities that serve children in families who are engaged in
migrant or seasonal agricultural labor; and
(4) reserve not more than 1 percent or $30,000,000,
whichever amount is less, for national activities, including
administration, technical assistance, and evaluation.
(b) Allotments.--
(1) In general.--From the amount made available each fiscal
year to carry out this subpart and not reserved under
subsection (a), the Secretary shall make allotments to States
in accordance with paragraph (2) that have submitted an
approved application.
(2) Allotment amount.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall allot the amount made available under paragraph (1) for
a fiscal year among the States in proportion to the number of
children who are age 4 who reside within the State and are
from families with incomes at or below 200 percent of the
poverty line for the most recent year for which satisfactory
data are available, compared to the number of such children
who reside in all such States for that fiscal year.
(B) Minimum allotment amount.--No State receiving an
allotment under subparagraph (A) may receive less than one-
half of 1 percent of the total amount allotted under such
subparagraph.
(3) Reallotment and carry over.--
(A) In general.--If one or more States do not receive an
allotment under this subsection for any fiscal year, the
Secretary may use the amount of the allotment for that State
or States, in such amounts as the Secretary determines
appropriate, for either or both of the following:
(i) To increase the allotments of States with approved
applications for the fiscal year, consistent with
subparagraph (B).
(ii) To carry over the funds to the next fiscal year.
(B) Reallotment.--In increasing allotments under
subparagraph (A)(i), the Secretary shall allot to each State
with an approved application an amount that bears the same
relationship to the total amount to be allotted under
subparagraph (A)(i), as the amount the State received under
paragraph (2) for that fiscal year bears to the amount that
all States received under paragraph (2) for that fiscal year.
(4) State.--For purposes of this subsection, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(c) Flexibility.--The Secretary may make minimal
adjustments to allotments under subsection (b), which shall
neither lead to a significant increase or decrease in a
State's allotment determined under subsection (b), based on a
set of factors, such as the level of program participation
and the estimated cost of the activities specified in the
State plan under section 10306(2).
SEC. 10305. STATE ELIGIBILITY CRITERIA.
A State is eligible to receive a grant under this subpart
if the State demonstrates to the Secretary that the State--
(1) has established or will establish early learning and
development standards that--
(A) describe what children from birth to kindergarten entry
should know and be able to do;
(B) are universally designed and developmentally,
culturally, and linguistically appropriate;
(C) are aligned with the State's challenging academic
content standards and challenging student academic
achievement standards, as adopted under section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)); and
(D) cover all of the essential domains of school readiness,
which address--
(i) physical well-being and motor development;
(ii) social and emotional development;
(iii) approaches to learning, including creative arts
expression;
(iv) developmentally appropriate oral and written language
and literacy development; and
(v) cognition and general knowledge, including early
mathematics and early scientific development;
(2) has the ability or will develop the ability to link
prekindergarten data with State elementary school and
secondary school data for the purpose of collecting
longitudinal information for all children participating in
the State's high-quality prekindergarten program and any
other federally funded early childhood program that will
remain with the child through the child's public education
through grade 12;
(3) offers State-funded kindergarten for children who are
eligible children for that service in the State; and
(4) has established a State Advisory Council on Early
Childhood Education and Care.
SEC. 10306. STATE APPLICATIONS.
To receive a grant under this subpart, the Governor of a
State, in consultation with the Indian tribes and tribal
organizations in the State, if any, shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require. At a minimum, each such application shall
include--
(1) an assurance that the State--
(A) will coordinate with and continue to participate in the
programs authorized under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419;
1431 et seq.), the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.), and the maternal, infant,
and early childhood home visiting programs funded under
section 511 of the Social Security Act (42 U.S.C. 711) for
the duration of the grant;
(B) will designate a State-level entity (such as an agency
or joint interagency office), selected by the Governor, for
the administration of the grant, which shall coordinate and
consult with the State educational agency if the entity is
not the State educational agency; and
(C) will establish, or certify the existence of, program
standards for all State prekindergarten programs consistent
with the definition of a high-quality prekindergarten program
under section 10302;
(2) a description of the State's plan to--
(A) use funds received under this subpart and the State's
matching funds to provide high-quality prekindergarten
programs, in accordance with section 10307(d), with open
enrollment for all children in the State who--
(i) are described insection 10302(10)(A);and
(ii) are from families with incomes at or below 200 percent
of the poverty line;
(B) develop or enhance a system for monitoring eligible
local entities that are receiving funds under this subpart
for compliance with quality standards developed by the State
and to provide program improvement support, which may be
accomplished through the use of a State-developed system for
quality rating and improvement;
(C) if applicable, expand participation in the State's
high-quality prekindergarten programs to children from
families with incomes above 200 percent of the poverty line;
(D) carry out the State's comprehensive early learning
assessment system, or how the State plans to develop such a
system, ensuring that any assessments are culturally,
developmentally, and age-appropriate and consistent with the
recommendations from the study on Developmental Outcomes and
Assessments for Young Children by the National Academy of
Sciences, consistent with section 649(j) of the Head Start
Act (42 U.S.C. 9844);
(E) develop, implement, and make publicly available the
performance measures and targets described in section 10309;
(F) increase the number of teachers with bachelor's degrees
in early childhood education, or with bachelor's degrees in
another closely related field and specialized training and
demonstrated competency in early childhood education,
including how institutions of higher education will support
increasing the number of teachers with such degrees and
training, including through the use of assessments of prior
learning, knowledge, and skills to facilitate and expedite
attainment of such degrees;
(G) coordinate and integrate the activities funded under
this subpart with Federal, State, and local services and
programs that support early childhood education and care,
including programs supported under this subpart, the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C.
9831 et seq.), the Community Services Block Grant Act (42
U.S.C. 9901 et seq.), the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary
assistance for needy families program under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.), the
Race to the Top program under section 14006 of division A of
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), federally funded early literacy programs, the
maternal, infant, and early childhood home visiting programs
funded under section 511 of the Social Security Act (42
U.S.C. 711), health improvements to child care funded under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), the program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.), the innovation fund program under section 14007 of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5), programs authorized under part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.), the Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), grants for infant and toddler care
through Early Head Start-Child Care Partnerships funded under
the heading ``children and families services programs'' under
the heading administration for children and families in title
II of division H of the Department of Health and Human
Services Appropriations Act, 2014 (Public Law 113-76; 128
Stat. 377-378), the preschool development grants program
funded
[[Page S4867]]
under the heading ``innovation and improvement'' in title III
of division G of the Department of Education Appropriations
Act, 2015 (Public Law 113-235; 128 Stat. 2496), and any other
Federal, State, or local early childhood education programs
used in the State;
(H) award subgrants to eligible local entities, and in
awarding such subgrants, facilitate a delivery system of
high-quality prekindergarten programs that includes diverse
providers, such as providers in community-based, public
school, and private settings, and consider the system's
impact on options for families;
(I) in the case of a State that does not have a State-
determined funding mechanism for prekindergarten, use
objective criteria in awarding subgrants to eligible local
entities that will implement high-quality prekindergarten
programs, including actions the State will take to ensure
that eligible local entities will coordinate with local
educational agencies or other early learning providers, as
appropriate, to carry out activities to provide children
served under this subpart with a successful transition from
preschool into kindergarten, which activities shall include--
(i) aligning curricular objectives and instruction;
(ii) providing staff professional development, including
opportunities for joint-professional development on early
learning and kindergarten through grade 3 standards,
assessments, and curricula;
(iii) coordinating family engagement and support services;
and
(iv) encouraging the shared use of facilities and
transportation, as appropriate;
(J) use the State early learning and development standards
described in section 10305(1) to address the needs of dual
language learners, including by incorporating benchmarks
related to English language development;
(K) identify barriers, and propose solutions to overcome
such barriers, which may include seeking assistance under
section 10316, in the State to effectively use and integrate
Federal, State, and local public funds and private funds for
early childhood education that are available to the State on
the date on which the application is submitted;
(L) support articulation agreements (as defined in section
486A of the Higher Education Act of 1965 (20 U.S.C. 1093a))
between public 2-year and public 4-year institutions of
higher education and other credit-bearing professional
development in the State for early childhood teacher
preparation programs and closely related fields;
(M) ensure that the higher education programs in the State
have the capacity to prepare a workforce to provide high-
quality prekindergarten programs;
(N) support workforce development, including State and
local policies that support prekindergarten instructional
staff's ability to earn a degree, certification, or other
specializations or qualifications, including policies on
leave, substitutes, and child care services, including non-
traditional hour child care;
(O) hold eligible local entities accountable for use of
funds;
(P) ensure that the State's early learning and development
standards are integrated into the instructional and
programmatic practices of high-quality prekindergarten
programs and related programs and services, such as those
provided to children under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419
and 1431 et seq.);
(Q) increase the number of children in the State who are
enrolled in high-quality kindergarten programs and carry out
a strategy to implement such a plan;
(R) coordinate the State's activities supported by grants
under this subpart with activities in State plans required
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), the Head Start Act
(42 U.S.C. 9831 et seq.), the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the
Adult Education and Family Literacy Act (29 U.S.C. 3271 et
seq.);
(S) encourage eligible local entities to coordinate with
community-based learning resources, such as libraries, arts
and arts education programs, appropriate media programs,
family literacy programs, public parks and recreation
programs, museums, nutrition education programs, and programs
supported by the Corporation for National and Community
Service;
(T) work with eligible local entities, in consultation with
elementary school principals, to ensure that high-quality
prekindergarten programs have sufficient and appropriate
facilities to meet the needs of children eligible for
prekindergarten;
(U) support local early childhood coordinating entities,
such as local early childhood councils, if applicable, and
help such entities to coordinate early childhood education
programs with high-quality prekindergarten programs to ensure
effective and efficient delivery of early childhood education
program services;
(V) support shared services administering entities, if
applicable;
(W) ensure that the provision of high-quality
prekindergarten programs will not lead to a diminution in the
quality or supply of services for infants and toddlers or
disrupt the care of infants and toddlers in the geographic
area served by the eligible local entity, which may include
demonstrating that the State will direct funds to provide
high-quality early childhood education and care to infants
and toddlers in accordance with section 10307(d); and
(X) encourage or promote socioeconomic, racial, and ethnic
diversity in the classrooms of high-quality prekindergarten
programs, as applicable; and
(3) an inventory of the State's higher education programs
that prepare individuals for work in a high-quality
prekindergarten program, including--
(A) certification programs;
(B) associate degree programs;
(C) baccalaureate degree programs;
(D) masters degree programs; and
(E) other programs that lead to a specialization in early
childhood education, or a related field.
SEC. 10307. STATE USE OF FUNDS.
(a) Reservation for Quality Improvement Activities.--
(1) In general.--A State that receives a grant under this
subpart may reserve, for not more than the first 4 years such
State receives such a grant, not more than 20 percent of the
grant funds for quality improvement activities that support
the elements of high-quality prekindergarten programs. Such
quality improvement activities may include supporting
teachers, center directors, and principals in a State's high-
quality prekindergarten program, licensed or regulated child
care, or Head Start programs to enable such teachers,
principals, or directors to earn a baccalaureate degree in
early childhood education, or a closely related field,
through activities which may include--
(A) expanding or establishing scholarships, counseling, and
compensation initiatives to cover the cost of tuition, fees,
materials, transportation, and release time for such
teachers;
(B) providing ongoing professional development
opportunities, including regular in-classroom observation by
individuals trained in such observation, for such teachers,
directors, principals, and teachers assistants to enable such
teachers, directors, principals, and teachers assistants to
carry out the elements of high-quality prekindergarten
programs, which may include activities that address--
(i) promoting children's development across all of the
essential domains of early learning and development;
(ii) developmentally appropriate curricula and teacher-
child interaction;
(iii) effective family engagement;
(iv) providing culturally competent instruction;
(v) working with a diversity of children and families,
including children with disabilities and dual language
learners;
(vi) childhood nutrition and physical education programs;
(vii) supporting the implementation of evidence-based
curricula;
(viii) social and emotional development; and
(ix) incorporating age-appropriate strategies of positive
behavioral interventions and supports; and
(C) providing families with increased opportunities to
learn how best to support their children's physical,
cognitive, social, and emotional development during the first
5 years of life.
(2) Not subject to matching.--The amount reserved under
paragraph (1) shall not be subject to the matching
requirements under section 10310.
(3) Coordination.--A State that reserves an amount under
paragraph (1) shall coordinate the use of such amount with
activities funded under section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the
Head Start Act (42 U.S.C. 9831 et seq.).
(4) Construction.--A State may not use funds reserved under
this subsection to meet the requirement described in
10302(10)(G).
(b) Subgrants for High-Quality Prekindergarten Programs.--A
State that receives a grant under this subpart shall award
subgrants of sufficient size to eligible local entities to
enable such eligible local entities to implement high-quality
prekindergarten programs for children who--
(1) are described insection 10302(10)(A);
(2) reside within the State; and
(3) are from families with incomes at or below 200 percent
of the poverty line.
(c) Administration.--A State that receives a grant under
this subpart may reserve not more than 1 percent of the grant
funds for administration of the grant, and may use part of
that reservation for the maintenance of the State Advisory
Council on Early Childhood Education and Care.
(d) Early Childhood Education and Care Programs for Infants
and Toddlers.--
(1) Use of allotment for infants and toddlers.--An eligible
State may apply to use, and the appropriate Secretary may
grant permission for the State to use, not more than 15
percent of the funds made available through a grant received
under this subpart to award subgrants to early childhood
education programs to provide, consistent with the State's
early learning and development guidelines for infants and
toddlers, high-quality early childhood education and care to
infants and toddlers who reside within the State and are from
families with incomes at or below 200 percent of the poverty
line.
(2) Application.--To be eligible to use the grant funds as
described in paragraph (1), the State shall submit an
application to the appropriate Secretary at such time, in
such manner, and containing such information as the Secretary
may require. Such application
[[Page S4868]]
shall, at a minimum, include a description of how the State
will--
(A) designate a lead agency which shall administer such
funds;
(B) ensure that such lead agency, in coordination with the
State's Advisory Council on Early Childhood Education and
Care, will collaborate with other agencies in administering
programs supported under this subsection for infants and
toddlers in order to obtain input about the appropriate use
of such funds and ensure coordination with programs for
infants and toddlers funded under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
the Head Start Act (42 U.S.C. 9831 et seq.) (including any
Early Learning Quality Partnerships established in the State
under section 645B of the Head Start Act, as added by section
202), the Race to the Top program under section 14006 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5), the maternal, infant, and early
childhood home visiting programs funded under section 511 of
the Social Security Act (42 U.S.C. 711), part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1431
et seq.), and grants for infant and toddler care through
Early Head Start-Child Care Partnerships funded under the
heading ``children and families services programs'' under the
heading administration for children and families in title II
of division H of the Department of Health and Human Services
Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 377-
378);
(C) ensure that infants and toddlers who benefit from
amounts made available under this subsection will transition
to and have the opportunity to participate in a high-quality
prekindergarten program supported under this subpart;
(D) in awarding subgrants, give preference to early
childhood education programs that have a written formal plan
with baseline data, benchmarks, and timetables to increase
access to and full participation in high-quality
prekindergarten programs for children who need additional
support, including children with developmental delays or
disabilities, children who are dual language learners,
homeless children, children who are in foster care, children
of migrant families, children eligible for a free or reduced-
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), or children in the child
welfare system; and
(E) give priority to activities carried out under this
subsection that will increase access to high-quality early
childhood education programs for infants and toddlers in
local areas with significant concentrations of low-income
families that do not currently benefit from such programs.
(3) Eligible providers.--A State may use the grant funds as
described in paragraph (1) to serve infants and toddlers only
by working with early childhood education program providers
that--
(A) offer full-day, full-year care, or otherwise meet the
needs of working families; and
(B) meet high-quality standards, such as--
(i) Early Head Start program performance standards under
the Head Start Act (42 U.S.C. 9831 et seq.); or
(ii) high-quality, demonstrated, valid, and reliable
program standards that have been established through a
national entity that accredits early childhood education
programs.
(4) Federal administration.--
(A) In general.--The Secretary shall bear responsibility
for obligating and disbursing funds to support activities
under this subsection and ensuring compliance with applicable
laws and administrative requirements, subject to paragraph
(3).
(B) Interagency agreement.--The Secretary of Education and
the Secretary of Health and Human Services shall jointly
administer activities supported under this subsection on such
terms as such Secretaries shall set forth in an interagency
agreement. The Secretary of Health and Human Services shall
be responsible for any final approval of a State's
application under this subsection that addresses the use of
funds designated for services to infants and toddlers.
(C) Appropriate secretary.--In this subsection, the term
``appropriate Secretary'' used with respect to a function,
means the Secretary designated for that function under the
interagency agreement.
SEC. 10308. ADDITIONAL PREKINDERGARTEN SERVICES.
(a) Prekindergarten for 3-Year-Olds.--Each State that
certifies to the Secretary that the State provides
universally available, voluntary, high-quality
prekindergarten programs for 4-year-old children who reside
within the State and are from families with incomes at or
below 200 percent of the poverty line may use the State's
allocation under section 10304(b) to provide high-quality
prekindergarten programs for 3-year-old children who reside
within the State and are from families with incomes at or
below 200 percent of the poverty line.
(b) Subgrants.--In each State that has a city, county, or
local educational agency that provides universally available
high-quality prekindergarten programs for 4-year-old children
who reside within the State and are from families with
incomes at or below 200 percent of the poverty line the State
may use amounts from the State's allocation under section
10304(b) to award subgrants to eligible local entities to
enable such eligible local entities to provide high-quality
prekindergarten programs for 3-year-old children who are from
families with incomes at or below 200 percent of the poverty
line and who reside in such city, county, or local
educational agency.
SEC. 10309. PERFORMANCE MEASURES AND TARGETS.
(a) In General.--A State that receives a grant under this
subpart shall develop, implement, and make publicly available
the performance measures and targets for the activities
carried out with grant funds. Such measures shall, at a
minimum, track the State's progress in--
(1) increasing school readiness across all domains for all
categories of children, as described in section 10313(b)(7),
including children with disabilities and dual language
learners;
(2) narrowing school readiness gaps between minority and
nonminority children, and low-income children and more
advantaged children, in preparation for kindergarten entry;
(3) decreasing the number of years that children receive
special education and related services as described in part B
of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.);
(4) increasing the number of programs meeting the criteria
for high-quality prekindergarten programs across all types of
local eligible entities, as defined by the State and in
accordance with section 10302;
(5) decreasing the need for grade-to-grade retention in
elementary school;
(6) if applicable, ensuring that high-quality
prekindergarten programs do not experience instances of
chronic absence among the children who participate in such
programs;
(7) increasing the number and percentage of low-income
children in high-quality early childhood education programs
that receive financial support through funds provided under
this subpart; and
(8) providing high-quality nutrition services, nutrition
education, physical activity, and obesity prevention
programs.
(b) Prohibition of Misdiagnosis Practices.--A State shall
not, in order to meet the performance measures and targets
described in subsection (a), engage in practices or policies
that will lead to the misdiagnosis or under-diagnosis of
disabilities or developmental delays among children who are
served through programs supported under this subpart.
SEC. 10310. MATCHING REQUIREMENTS.
(a) Matching Funds.--
(1) In general.--Except as provided in paragraph (2), a
State that receives a grant under this subpart shall provide
matching funds from non-Federal sources, as described in
subsection (c), in an amount equal to--
(A) 10 percent of the Federal funds provided under the
grant in the first year of grant administration;
(B) 10 percent of the Federal funds provided under the
grant in the second year of grant administration;
(C) 20 percent of the Federal funds provided under the
grant in the third year of grant administration;
(D) 30 percent of the Federal funds provided under the
grant in the fourth year of grant administration; and
(E) 40 percent of the Federal funds provided under the
grant in the fifth year of grant administration.
(2) Reduced match rate.--A State that meets the
requirements under subsection (b) may provide matching funds
from non-Federal sources at a reduced rate. The full reduced
matching funds rate shall be in an amount equal to--
(A) 5 percent of the Federal funds provided under the grant
in the first year of grant administration;
(B) 5 percent of the Federal funds provided under the grant
in the second year of grant administration;
(C) 10 percent of the Federal funds provided under the
grant in the third year of grant administration;
(D) 20 percent of the Federal funds provided under the
grant in the fourth year of grant administration; and
(E) 30 percent of the Federal funds provided under the
grant in the fifth year of grant administration.
(b) Reduced Match Rate Eligibility.--A State that receives
a grant under this subpart may provide matching funds from
non-Federal sources at the full reduced rate under subsection
(a)(2) if the State, across all publicly funded programs
(including locally funded programs)--
(1)(A) offers enrollment in high-quality prekindergarten
programs to not less than half of children in the State who
are--
(i) age 4 on the eligibility determination date; and
(ii) from families with incomes at or below 200 percent of
the poverty line; and
(B) has a plan for continuing to expand access to high-
quality prekindergarten programs for such children in the
State; and
(2) has a plan to expand access to high-quality
prekindergarten programs to children from moderate income
families whose income exceeds 200 percent of the poverty
line.
(c) Non-Federal Resources.--
(1) In cash.--A State shall provide the matching funds
under this section in cash with non-Federal resources which
may include State funding, local funding, or contributions
from philanthropy or other private sources, or a combination
thereof.
(2) Funds to be considered as matching funds.--A State may
include, as part of the State's matching funds under this
section,
[[Page S4869]]
not more than 10 percent of the amount of State or local
funds designated for State or local prekindergarten programs
or to supplement Head Start programs under the Head Start Act
(42 U.S.C. 9831 et seq.) as of the date of enactment of this
Act, 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) Maintenance of Effort.--
(1) In general.--If a State reduces its combined fiscal
effort per student or the aggregate expenditures within the
State to support early childhood education programs for any
fiscal year that a State receives a grant authorized under
this subpart relative to the previous fiscal year, the
Secretary shall reduce support for such State under this
subpart by the same amount as the decline in State effort for
such fiscal year.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) if--
(A) the Secretary determines that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship or a natural disaster that has necessitated across-
the-board reductions in State services, including early
childhood education programs; or
(B) due to the circumstances of a State requiring
reductions in specific programs, including early childhood
education, if the State presents to the Secretary a
justification and demonstration why other programs could not
be reduced and how early childhood programs in the State will
not be disproportionately harmed by such State action.
(e) Supplement Not Supplant.--Grant funds received under
this subpart shall be used to supplement and not supplant
other Federal, State, and local public funds expended on
public prekindergarten programs in the State.
SEC. 10311. ELIGIBLE LOCAL ENTITY APPLICATIONS.
(a) In General.--An eligible local entity desiring to
receive a subgrant under section 10307(b) shall submit an
application to the State, at such time, in such manner, and
containing such information as the State may reasonably
require.
(b) Contents.--Each application submitted under subsection
(a) shall include the following:
(1) Parent and family engagement.--A description of how the
eligible local entity plans to engage the parents and
families of the children such entity serves and ensure that
parents and families of eligible children, as described in
clauses (i) and (ii) of section 10306(2)(A), are aware of the
services provided by the eligible local entity, which shall
include a plan to--
(A) carry out meaningful parent and family engagement,
through the implementation and replication of evidence-based
or promising practices and strategies, which shall be
coordinated with parent and family engagement strategies
supported under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), part A of title I and title V
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.; 7201 et seq.), and strategies in the
Head Start Parent, Family, and Community Engagement
Framework, if applicable, to--
(i) provide parents and family members with the skills and
opportunities necessary to become engaged and effective
partners in their children's education, particularly the
families of dual language learners and children with
disabilities, which may include access to family literacy
services;
(ii) improve child development; and
(iii) strengthen relationships among prekindergarten staff
and parents and family members; and
(B) participate in community outreach to encourage families
with eligible children to participate in the eligible local
entity's high-quality prekindergarten program, including--
(i) homeless children;
(ii) dual language learners;
(iii) children in foster care;
(iv) children with disabilities; and
(v) migrant children.
(2) Coordination and alignment.--A description of how the
eligible local entity will--
(A) coordinate, if applicable, the eligible local entity's
activities with--
(i) Head Start agencies (consistent with section 642(e)(5)
of the Head Start Act (42 U.S.C. 9837(e)(5))), if the local
entity is not a Head Start agency;
(ii) local educational agencies, if the eligible local
entity is not a local educational agency;
(iii) providers of services under part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(iv) programs carried out under section 619 of the
Individuals with Disabilities Education Act (20 U.S.C. 1419);
and
(v) if feasible, other entities carrying out early
childhood education programs and services within the area
served by the local educational agency;
(B) develop a process to promote continuity of
developmentally appropriate instructional programs and shared
expectations with local elementary schools for children's
learning and development as children transition to
kindergarten;
(C) organize, if feasible, and participate in joint
training, when available, including transition-related
training for school staff and early childhood education
program staff;
(D) establish comprehensive transition policies and
procedures, with applicable elementary schools and
principals, for the children served by the eligible local
entity that support the school readiness of children
transitioning to kindergarten, including the transfer of
early childhood education program records, with parental
consent;
(E) conduct outreach to parents, families, and elementary
school teachers and principals to discuss the educational,
developmental, and other needs of children entering
kindergarten;
(F) help parents, including parents of children who are
dual language learners, understand and engage with the
instructional and other services provided by the kindergarten
in which such child will enroll after participation in a
high-quality prekindergarten program; and
(G) develop and implement a system to increase program
participation of underserved populations of eligible
children, especially homeless children, children eligible for
a free or reduced-price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), parents
of children who are dual language learners, and parents of
children with disabilities.
(3) Full participation of all children.--A description of
how the eligible local entity will meet the diverse needs of
children in the community to be served, including children
with disabilities, dual language learners, children who need
additional support, children in the State foster care system,
and homeless children. Such description shall demonstrate, at
a minimum, how the entity plans to--
(A) ensure the eligible local entity's high-quality
prekindergarten program is accessible and appropriate for
children with disabilities and dual language learners;
(B) establish effective procedures for ensuring use of
evidence-based practices in assessment and instruction,
including use of data for progress monitoring of child
performance and provision of technical assistance support for
staff to ensure fidelity with evidence-based practices;
(C) establish effective procedures for timely referral of
children with disabilities to entities authorized under part
B and part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.; 1431 et seq.);
(D) ensure that the eligible local entity's high-quality
prekindergarten program works with appropriate entities to
address the elimination of barriers to immediate and
continuous enrollment for homeless children; and
(E) ensure access to and continuity of enrollment in high-
quality prekindergarten programs for migratory children, if
applicable, and homeless children, including through policies
and procedures that require--
(i) outreach to identify migratory children and homeless
children;
(ii) immediate enrollment, including enrollment during the
period of time when documents typically required for
enrollment, including health and immunization records, proof
of eligibility, and other documents, are obtained;
(iii) continuous enrollment and participation in the same
high-quality prekindergarten program for a child, even if the
child moves out of the program's service area, if that
enrollment and participation are in the child's best
interest, including by providing transportation when
necessary;
(iv) professional development for high-quality
prekindergarten program staff regarding migratory children
and homelessness among families with young children; and
(v) in serving homeless children, collaboration with local
educational agency liaisons designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless
service providers.
(4) Accessible comprehensive services.--A description of
how the eligible local entity plans to provide accessible
comprehensive services, described in section 10302(10)(I), to
the children the eligible local entity serves. Such
description shall provide information on how the entity
will--
(A) conduct a data-driven community assessment in
coordination with members of the community, including parents
and community organizations, or use a recently conducted
data-driven assessment, which--
(i) may involve an external partner with expertise in
conducting such needs analysis, to determine the most
appropriate social or other support services to offer through
the eligible local entity's on-site comprehensive services to
children who participate in high-quality prekindergarten
programs; and
(ii) shall consider the resources available at the school,
local educational agency, and community levels to address the
needs of the community and improve child outcomes; and
(B) have a coordinated system to facilitate the screening,
referral, and provision of services related to health,
nutrition, mental health, disability, and family support for
children served by the eligible local entity.
(5) Workforce.--A description of how the eligible local
entity plans to support the instructional staff of such
entity's high-quality prekindergarten program, which shall,
at a minimum, include a plan to provide high-quality
professional development, or facilitate the provision of
high-quality professional development through an external
partner with expertise and a demonstrated
[[Page S4870]]
track record of success, based on scientifically valid
research, that will improve the knowledge and skills of high-
quality prekindergarten teachers and staff through
activities, which may include--
(A) acquiring content knowledge and learning teaching
strategies needed to provide effective instruction that
addresses the State's early learning and development
standards described under section 10305(1), including
professional training to support the social and emotional
development of children;
(B) enabling high-quality prekindergarten teachers and
staff to pursue specialized training in early childhood
development;
(C) enabling high-quality prekindergarten teachers and
staff to acquire the knowledge and skills to provide
instruction and appropriate language and support services to
increase the English language skills of dual language
learners;
(D) enabling high-quality prekindergarten teachers and
staff to acquire the knowledge and skills to provide
developmentally appropriate instruction for children with
disabilities;
(E) promoting classroom management;
(F) providing high-quality induction and support for
incoming high-quality prekindergarten teachers and staff in
high-quality prekindergarten programs, including through the
use of mentoring programs and coaching that have a
demonstrated track record of success;
(G) promoting the acquisition of relevant credentials,
including in ways that support career advancement through
career ladders; and
(H) enabling high-quality prekindergarten teachers and
staff to acquire the knowledge and skills to provide
culturally competent instruction for children from diverse
backgrounds.
SEC. 10312. REQUIRED SUBGRANT ACTIVITIES.
(a) In General.--An eligible local entity that receives a
subgrant under section 10307(b) shall use subgrant funds to
implement the elements of a high-quality prekindergarten
program for the children described in section 10307(b).
(b) Coordination.--
(1) Local educational agency partnerships with local early
childhood education programs.--A local educational agency
that receives a subgrant under this subpart shall provide an
assurance that the local educational agency will enter into
strong partnerships with local early childhood education
programs, including programs supported through the Head Start
Act (42 U.S.C. 9831 et seq.).
(2) Eligible local entities that are not local educational
agencies.--An eligible local entity that is not a local
educational agency that receives a subgrant under this
subpart shall provide an assurance that such entity will
enter into strong partnerships with local educational
agencies.
SEC. 10313. REPORT AND EVALUATION.
(a) In General.--Each State that receives a grant under
this subpart shall prepare an annual report, in such manner
and containing such information as the Secretary may
reasonably require.
(b) Contents.--A report prepared under subsection (a) shall
contain, at a minimum--
(1) a description of the manner in which the State has used
the funds made available through the grant and a report of
the expenditures made with the funds;
(2) a summary of the State's progress toward providing
access to high-quality prekindergarten programs for children
eligible for such services, as determined by the State, from
families with incomes at or below 200 percent of the poverty
line, including the percentage of funds spent on children
from families with incomes--
(A) at or below 100 percent of the poverty line;
(B) at or below between 101 and 150 percent of the poverty
line; and
(C) at or below between 151 and 200 percent of the poverty
line;
(3) an evaluation of the State's progress toward achieving
the State's performance targets, described in section 10309;
(4) data on the number of high-quality prekindergarten
program teachers and staff in the State (including teacher
turnover rates and teacher compensation levels compared to
teachers in elementary schools and secondary schools),
according to the setting in which such teachers and staff
work (which settings shall include, at a minimum, Head Start
programs, public prekindergarten, and child care programs)
who received training or education during the period of the
grant and remained in the early childhood education program
field;
(5) data on the kindergarten readiness of children in the
State;
(6) a description of the State's progress in effectively
using Federal, State, and local public funds and private
funds, for early childhood education;
(7) the number and percentage of children in the State
participating in high-quality prekindergarten programs,
disaggregated by race, ethnicity, family income, child age,
disability, whether the children are homeless children, and
whether the children are dual language learners;
(8) data on the availability, affordability, and quality of
infant and toddler care in the State;
(9) the number of operational minutes per week and per year
for each eligible local entity that receives a subgrant;
(10) the local educational agency and zip code in which
each eligible local entity that receives a subgrant operates;
(11) information, for each of the local educational
agencies described in paragraph (10), on the percentage of
the costs of the public early childhood education programs
that is funded from Federal, from State, and from local
sources, including the percentages from specific funding
programs;
(12) data on the number and percentage of children in the
State participating in public kindergarten programs,
disaggregated by race, family income, child age, disability,
whether the children are homeless children, and whether the
children are dual language learners, with information on
whether such programs are offered--
(A) for a full day; and
(B) at no cost to families;
(13) data on the number of individuals in the State who are
supported with scholarships, if applicable, to meet the
bachelor's degree requirement for high-quality
prekindergarten programs, as defined in section 10302; and
(14) information on--
(A) the rates of expulsion, suspension, and similar
disciplinary action, of children in the State participating
in high-quality prekindergarten programs, disaggregated by
race, ethnicity, family income, child age, and disability;
(B) the State's progress in establishing policies on
effective behavior management strategies and training that
promote positive social and emotional development to
eliminate expulsions and suspensions of children
participating in high-quality prekindergarten programs; and
(C) the State's policies on providing early learning
services to children in the State participating in high-
quality prekindergarten programs who have been suspended.
(c) Submission.--A State shall submit the annual report
prepared under subsection (a), at the end of each fiscal
year, to the Secretary, the Secretary of Health and Human
Services, and the State Advisory Council on Early Childhood
Education and Care.
(d) Cooperation.--An eligible local entity that receives a
subgrant under this subpart shall cooperate with all Federal
and State efforts to evaluate the effectiveness of the
program the entity implements with subgrant funds.
(e) National Report.--The Secretary shall compile and
summarize the annual State reports described under subsection
(c) and shall prepare and submit an annual report to Congress
that includes a summary of such State reports.
SEC. 10314. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF
FUNDS FOR ASSESSMENTS.
(a) Prohibition on Required Participation.--A State
receiving a grant under this subpart shall not require any
child to participate in any Federal, State, local, or private
early childhood education program, including a high-quality
prekindergarten program.
(b) Prohibition on Use of Funds for Assessment.--A State
receiving a grant under this subpart and an eligible local
entity receiving a subgrant under this subpart shall not use
any grant or subgrant funds to carry out any of the following
activities:
(1) An assessment that provides rewards or sanctions for
individual children, teachers, or principals.
(2) An assessment that is used as the primary or sole
method for assessing program effectiveness.
(3) Evaluating children, other than for the purposes of--
(A) improving instruction or the classroom environment;
(B) targeting professional development;
(C) determining the need for health, mental health,
disability, or family support services;
(D) program evaluation for the purposes of program
improvement and parent information; and
(E) improving parent and family engagement.
SEC. 10315. COORDINATION WITH HEAD START PROGRAMS.
(a) Increased Access for Younger Children.--Not later than
1 year after the date of enactment of this Act, the Secretary
and the Secretary of Health and Human Services shall develop
a process--
(1) for use in the event that Head Start programs funded
under the Head Start Act (42 U.S.C. 9831 et seq.) operate in
States or regions that have achieved sustained universal,
voluntary access to 4-year-old children who reside within the
State and who are from families with incomes at or below 200
percent of the poverty line to high-quality prekindergarten
programs; and
(2) for how such Head Start programs will begin converting
slots for children who are age 4 on the eligibility
determination date to children who are age 3 on the
eligibility determination date, or, when appropriate,
converting Head Start programs into Early Head Start programs
to serve infants and toddlers.
(b) Community Need and Resources.--The process described in
subsection (a) shall--
(1) be carried out on a case-by-case basis and shall ensure
that sufficient resources and time are allocated for the
development of such a process so that no child or cohort is
excluded from currently available services; and
(2) ensure that any conversion shall be based on community
need and not on the aggregate number of children served in a
State or region that has achieved sustained, universal,
voluntary access to high-quality prekindergarten programs.
[[Page S4871]]
(c) Public Comment and Notice.--Not fewer than 90 days
after the development of the proposed process described in
subsection (a), the Secretary and the Secretary of Health and
Human Services shall publish a notice describing such
proposed process for conversion in the Federal Register
providing at least 90 days for public comment. The
Secretaries shall review and consider public comments prior
to finalizing the process for conversion of Head Start slots
and programs.
(d) Reports to Congress.--Concurrently with publishing a
notice in the Federal Register as described in subsection
(c), the Secretaries shall provide a report to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate that provides a detailed
description of the proposed process described in subsection
(a), including a description of the degree to which Head
Start programs are providing State-funded high-quality
prekindergarten programs as a result of the grant opportunity
provided under this subpart in States where Head Start
programs are eligible for conversion described in subsection
(a).
SEC. 10316. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.
In providing technical assistance to carry out activities
under this subpart, the Secretary shall coordinate that
technical assistance, in appropriate cases, with technical
assistance provided by the Secretary of Health and Human
Services to carry out the programs authorized under the Head
Start Act (42 U.S.C. 9831 et seq.), the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
and the maternal, infant and early childhood home visiting
programs assisted under section 511 of the Social Security
Act (42 U.S.C. 711).
SEC. 10317. AUTHORIZATION OF APPROPRIATIONS.
To carry out this subpart, there are authorized to be
appropriated, and there are appropriated--
(1) $1,300,000,000 for fiscal year 2016;
(2) $3,250,000,000 for fiscal year 2017;
(3) $5,780,000,000 for fiscal year 2018;
(4) $7,580,000,000 for fiscal year 2019; and
(5) $8,960,000,000 for fiscal year 2020.
Subpart B--Prekindergarten Development Grants
SEC. 10321. PREKINDERGARTEN DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Education, in
consultation with the Secretary of Health and Human Services,
shall award competitive grants to States that wish to
increase their capacity and build the infrastructure within
the State to offer high-quality prekindergarten programs.
(b) Eligibility of States.--A State that is not receiving
funds under subpart A may compete for grant funds under this
section if the State provides an assurance that the State
will, through the support of grant funds awarded under this
section, meet the eligibility requirements of section 10305
not later than 3 years after the date the State first
receives grant funds under this section.
(c) Grant Duration.--The Secretary shall award grants under
this section for a period of not more than 3 years. Such
grants shall not be renewed.
(d) Application.--
(1) In general.--A Governor, or chief executive officer of
a State that desires to receive a grant under this section
shall submit an application to the Secretary of Education at
such time, in such manner, and accompanied by such
information as the Secretary of Education may reasonably
require, including, if applicable, a description of how the
State plans to become eligible for grants under section 10305
by not later than 3 years after the date the State first
receives grant funds under this section.
(2) Development of state application.--In developing an
application for a grant under this section, a State shall
consult with the State Advisory Council on Early Childhood
Education and Care and incorporate the Council's
recommendations, where applicable.
(e) Matching Requirement.--
(1) In general.--To be eligible to receive a grant under
this section, a State shall contribute for the activities for
which the grant was awarded non-Federal matching funds in an
amount equal to not less than 20 percent of the amount of the
grant.
(2) Non-federal funds.--To satisfy the requirement of
paragraph (1), a State may use--
(A) non-Federal resources in the form of State funding,
local funding, or contributions from philanthropy or other
private sources, or a combination of such resources; or
(B) in-kind contributions.
(3) Financial hardship waiver.--The Secretary may waive the
requirement under paragraph (1) or reduce the amount of
matching funds required under that paragraph for a State that
has submitted an application for a grant under this
subsection if the State demonstrates, in the application, a
need for such a waiver or reduction due to extreme financial
hardship, as determined by the Secretary.
(f) Subgrants.--
(1) In general.--A State awarded a grant under this section
may use the grant funds to award subgrants to eligible local
entities, as defined in section 10302, to carry out the
activities under the grant.
(2) Subgrantees.--An eligible local entity awarded a
subgrant under paragraph (1) shall comply with the
requirements of this section relating to grantees, as
appropriate.
(g) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated, and there
are appropriated, $750,000,000 for each of fiscal years 2016
through 2020.
Subpart C--Early Learning Quality Partnerships
SEC. 10331. PURPOSES.
The purposes of this part are to--
(1) increase the availability of, and access to, high-
quality early childhood education and care programming for
infants and toddlers;
(2) support a higher quality of, and increase capacity for,
such programming in both child care centers and family child
care homes;
(3) encourage the provision of comprehensive, coordinated
full-day services and supports for infants and toddlers; and
(4) increase access to appropriate supports so children
with disabilities and other children who need specialized
supports can fully participate in high-quality early
education programs.
SEC. 10332. EARLY LEARNING QUALITY PARTNERSHIPS.
The Head Start Act is amended--
(1) by amending section 645A(e) (42 U.S.C. 9840a(e)) to
read as follows:
``(e) Selection of Grant Recipients.--The Secretary shall
award grants under this section on a competitive basis to
applicants meeting the criteria in subsection (d) (giving
priority to entities with a record of providing early,
continuous, and comprehensive childhood development and
family services and entities that agree to partner with a
center-based or family child care provider to carry out the
activities described in section 645B).''; and
(2) by inserting after section 645A the following:
``SEC. 645B. EARLY LEARNING QUALITY PARTNERSHIPS.
``(a) In General.--The Secretary shall make grants to Early
Head Start agencies to enable the Early Head Start agencies
to form early learning quality partnerships by partnering
with center-based or family child care providers,
particularly those that receive support under the Child Care
and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.),
that agree to meet the program performance standards
described in section 641A(a)(1) and Early Head Start
standards described in section 645A that are applicable to
the ages of children served with funding and technical
assistance from the Early Head Start agency.
``(b) Selection of Grant Recipients.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall award grants under this section in a
manner consistent with section 645A(e).
``(2) Competitive priority.--In awarding grants under this
section, the Secretary shall give priority to applicants--
``(A) that propose to create strong alignment of programs
with maternal, infant, and early childhood home visiting
programs assisted under section 511 of the Social Security
Act (42 U.S.C. 711), State-funded prekindergarten programs,
programs carried out under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and other
programs supported under this Act, to create a strong
continuum of high-quality services for children from birth to
school entry; and
``(B) that seek to work with child care providers across
settings, including center-based and home-based programs.
``(3) Allocation.--
``(A) Reservation.--From funds appropriated to carry out
this section, the Secretary shall reserve--
``(i) not less than 3 percent of such funds for Indian Head
Start programs that serve young children;
``(ii) not less than 4.5 percent for migrant and seasonal
Head Start programs that serve young children; and
``(iii) not less than 0.2 percent for programs funded under
clause (iv) or (v) of section 640(a)(2)(B).
``(B) Allocation among states.--The Secretary shall
allocate funds appropriated to carry out this section and not
reserved under subparagraph (A) among the States
proportionally based on the number of young children from
families whose income is below the poverty line residing in
such States.
``(c) Eligibility of Children.--Partnerships formed through
assistance provided under this section may serve children
through age 3, and the standards applied to children in
subsection (a) shall be consistent with those applied to 3-
year-old children under this subchapter.
``(d) Partnerships.--An Early Head Start agency that
receives a grant under this section shall--
``(1) enter into a contractual relationship with a center-
based or family child care provider to raise the quality of
such provider's programs so that the provider meets the
program performance standards described in subsection (a)
through activities that may include--
``(A) expanding the center-based or family child care
provider's programs through financial support;
``(B) providing training, technical assistance, and support
to the provider in order to help the provider meet the
program performance standards, which may include supporting
program and partner staff in earning
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a child development associate credential, associate's degree,
or baccalaureate degree in early childhood education or a
closely related field for working with infants and toddlers;
and
``(C) blending funds received under the Child Care and
Development Block Grant of 1990 (42 U.S.C. 9858 et seq.) and
the Early Head Start program carried out under section 645A
in order to provide high-quality child care, for a full day,
that meets the program performance standards;
``(2) develop and implement a proposal to recruit and enter
into a contract with a center-based or family child care
provider, particularly a provider that serves children who
receive assistance under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.);
``(3) create a clear and realizable timeline to increase
the quality and capacity of a center-based or family child
care provider so that the provider meets the program
performance standards described in subsection (a); and
``(4) align activities and services provided through
funding under this section with the Head Start Child Outcomes
Framework.
``(e) Standards.--Prior to awarding grants under this
section, the Secretary shall establish standards to ensure
that the responsibility and expectations of the Early Head
Start agency and the partner child care providers are clearly
defined.
``(f) Designation Renewal.--A partner child care provider
that receives assistance through a grant provided under this
section shall be exempt, for a period of 18 months, from the
designation renewal requirements under section 641(c).
``(g) Survey of Early Head Start Agencies and Report to
Congress.--Within one year of the effective date of this
section, the Secretary shall conduct a survey of Early Head
Start agencies to determine the extent of barriers to
entering into early learning quality partnership agreements
under this section on Early Head Start agencies and on child
care providers, and submit this information, with suggested
steps to overcome such barriers, in a report to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, including a detailed
description of the degree to which Early Head Start agencies
are utilizing the funds provided.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $1,430,376,000 for fiscal year 2016; and
``(2) such sums as may be necessary for each of fiscal
years 2017 through 2020.''.
Subpart D--Authorization of Appropriations for the Education of
Children With Disabilities
SEC. 10341. PRESCHOOL GRANTS.
Section 619(j) of the Individuals with Disabilities
Education Act (20 U.S.C. 1419(j)) is amended to read as
follows:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$418,000,000 for fiscal year 2016 and such sums as may be
necessary for each succeeding fiscal year.''.
SEC. 10342. INFANTS AND TODDLERS WITH DISABILITIES.
Section 644 of the Individuals with Disabilities Education
Act (20 U.S.C. 1444) is amended to read as follows:
``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $508,000,000 for fiscal year
2016 and such sums as may be necessary for each succeeding
fiscal year.''.
Subpart E--Maternal, Infant, and Early Childhood Home Visiting Program
SEC. 10351. SENSE OF THE SENATE.
It is the sense of the Senate that--
(1) from the prenatal period to the first day of
kindergarten, children's development rapidly progresses at a
pace exceeding that of any subsequent stage of life;
(2) as reported by the National Academy of Sciences in
2001, striking disparities exist in what children know and
can do that are evident well before they enter kindergarten;
(3) such differences are strongly associated with social
and economic circumstances, and they are predictive of
subsequent academic performance;
(4) research has consistently demonstrated that investments
in high-quality programs that serve infants and toddlers--
(A) better positions those children for success in
elementary, secondary, and postsecondary education; and
(B) helps those children develop the critical physical,
emotional, social, and cognitive skills that they will need
for the rest of their lives;
(5) in 2011, there were 11,000,000 infants and toddlers
living in the United States, and 49 percent of these children
came from low-income families with incomes at or below 200
percent of the Federal poverty guidelines;
(6) the Maternal, Infant, and Early Childhood Home Visiting
program (referred to as ``MIECHV'') was authorized by
Congress to facilitate collaboration and partnership at the
Federal, State, and community levels to improve health and
development outcomes for at-risk children, including those
from low-income families, through evidence-based home
visiting programs;
(7) MIECHV is an evidence-based policy initiative and the
program's authorizing legislation requires that at least 75
percent of funds dedicated to the program must support
programs to implement evidence-based home visiting models,
which includes the home-based model of Early Head Start; and
(8) Congress should continue to provide resources to MIECHV
to support the work of States to help at-risk families
voluntarily receive home visits from nurses and social
workers to--
(A) promote maternal, infant, and child health;
(B) improve school readiness and achievement;
(C) prevent potential child abuse or neglect and injuries;
(D) support family economic self-sufficiency;
(E) reduce crime or domestic violence; and
(F) improve coordination or referrals for community
resources and supports.
Subpart F--Stop Corporate Inversions
SEC. 10361. MODIFICATIONS TO RULES RELATING TO INVERTED
CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic
Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this
title as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by substituting
`80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after July 31, 2015, the direct
or indirect acquisition of--
``(i) substantially all of the properties held directly or
indirectly by a domestic corporation, or
``(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership, and
``(B) after the acquisition, more than 50 percent of the
stock (by vote or value) of the entity is held--
``(i) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation, or
``(ii) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated
as an inverted domestic corporation if after the acquisition
the expanded affiliated group which includes the entity has
substantial business activities in the foreign country in
which or under the law of which the entity is created or
organized when compared to the total business activities of
such expanded affiliated group. For purposes of subsection
(a)(2)(B)(iii) and the preceding sentence, the term
`substantial business activities' shall have the meaning
given such term under regulations in effect on May 8, 2014,
except that the Secretary may issue regulations increasing
the threshold percent in any of the tests under such
regulations for determining if business activities constitute
substantial business activities for purposes of this
paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of such Code is
amended by striking ``after March 4, 2003,'' and inserting
``after March 4, 2003, and before August 1, 2015,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking subsection (a)(2)(B)(ii) and inserting
``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and
(ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)''
in subparagraph (B),
(B) in paragraph (3), by inserting ``or (b)(2)(B), as the
case may be,'' after ``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and
(b)(2)(B)'', and
(D) in paragraph (6), by inserting ``or inverted domestic
corporation, as the case may be,'' after ``surrogate foreign
corporation''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after July 31, 2015.
(d) Funding.--Any increase in revenue attributable to the
amendments made by this section shall be allocated to
carrying out subparts A and B.
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