[110th Congress Public Law 134]
[From the U.S. Government Printing Office]
[DOCID: f:publ134.110]
[[Page 121 STAT. 1363]]
Public Law 110-134
110th Congress
An Act
To reauthorize the Head Start Act, to improve program quality, to expand
access, and for other purposes. <<NOTE: Dec. 12, 2007 - [H.R. 1429]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Improving Head Start for
School Readiness Act of 2007. 42 USC 9801 note.>> assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Improving Head
Start for School Readiness Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Statement of purpose.
Sec. 3. Definitions.
Sec. 4. Financial assistance for Head Start programs.
Sec. 5. Authorization of appropriations.
Sec. 6. Allotment of funds; limitations on assistance.
Sec. 7. Designation of Head Start agencies.
Sec. 8. Standards; monitoring of Head Start agencies and programs.
Sec. 9. Powers and functions of Head Start agencies.
Sec. 10. Head start transition and alignment with K-12 education.
Sec. 11. Early childhood education, coordination, and improvement.
Sec. 12. Submission of plans.
Sec. 13. Administrative requirements and standards.
Sec. 14. Participation in Head Start programs.
Sec. 15. Early Head Start programs.
Sec. 16. Appeals, notice, and hearing.
Sec. 17. Records and audits.
Sec. 18. Technical assistance and training.
Sec. 19. Staff qualifications and development.
Sec. 20. Research, demonstrations, and evaluation.
Sec. 21. Reports.
Sec. 22. Comparability of wages.
Sec. 23. Limitation with respect to certain unlawful activities.
Sec. 24. Political activities.
Sec. 25. Parental consent requirement for health services.
Sec. 26. Centers of Excellence in Early Childhood.
Sec. 27. General provisions.
Sec. 28. Compliance with Improper Payments Information Act of 2002.
Sec. 29. References in other Acts.
SEC. 2. STATEMENT OF PURPOSE.
Section 636 of the Head Start Act (42 U.S.C. 9831) is amended to
read as follows:
``SEC. 636. STATEMENT OF PURPOSE.
``It is the purpose of this subchapter to promote the school
readiness of low-income children by enhancing their cognitive, social,
and emotional development--
``(1) in a learning environment that supports children's
growth in language, literacy, mathematics, science, social and
[[Page 121 STAT. 1364]]
emotional functioning, creative arts, physical skills, and
approaches to learning; and
``(2) through the provision to low-income children and their
families of health, educational, nutritional, social, and other
services that are determined, based on family needs assessments,
to be necessary.''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 637 of the Head Start Act (42 U.S.C. 9832)
is amended--
(1) in paragraph (2), by inserting ``(including a community-
based organization, as defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801))'' after
``nonprofit'';
(2) in paragraph (3)(C), by inserting ``, and financial
literacy.'' after ``self-sufficiency'';
(3) in paragraph (12), by striking ``migrant and seasonal
Head Start program'' and inserting ``migrant or seasonal Head
Start program'';
(4) by striking paragraph (17) and inserting the following:
``(17) The term `State' means a State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, American Samoa, the
Virgin Islands of the United States, and the Commonwealth of the
Northern Mariana Islands. The term includes the Republic of
Palau for fiscal years 2008 and 2009, and (if the legislation
described in section 640(a)(2)(B)(v) has not been enacted by
September 30, 2009) for fiscal years 2010 through 2012.''; and
(5) by adding at the end the following:
``(18) The term `deficiency' means--
``(A) a systemic or substantial material failure of
an agency in an area of performance that the Secretary
determines involves--
``(i) a threat to the health, safety, or civil
rights of children or staff;
``(ii) a denial to parents of the exercise of
their full roles and responsibilities related to
program operations;
``(iii) a failure to comply with standards
related to early childhood development and health
services, family and community partnerships, or
program design and management;
``(iv) the misuse of funds received under this
subchapter;
``(v) loss of legal status (as determined by
the Secretary) or financial viability, loss of
permits, debarment from receiving Federal grants
or contracts, or the improper use of Federal
funds; or
``(vi) failure to meet any other Federal or
State requirement that the agency has shown an
unwillingness or inability to correct, after
notice from the Secretary, within the period
specified;
``(B) systemic or material failure of the governing
body of an agency to fully exercise its legal and
fiduciary responsibilities; or
``(C) an unresolved area of noncompliance.
[[Page 121 STAT. 1365]]
``(19) The term `homeless children' has the meaning given
the term `homeless children and youths' in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
``(20) The term `institution of higher education' has the
meaning given the term in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)).
``(21) The term `interrater reliability' means the extent to
which 2 or more independent raters or observers consistently
obtain the same result when using the same assessment tool.
``(22) The term `limited English proficient', used with
respect to a child, means a child--
``(A)(i) who was not born in the United States or
whose native language is a language other than English;
``(ii)(I) who is a Native American (as defined in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a
native resident of an outlying area (as defined in such
section 9101); and
``(II) who comes from an environment where a
language other than English has had a significant impact
on the child's level of English language proficiency; or
``(iii) who is migratory, whose native language is a
language other than English, and who comes from an
environment where a language other than English is
dominant; and
``(B) whose difficulties in speaking or
understanding the English language may be sufficient to
deny such child--
``(i) the ability to successfully achieve in a
classroom in which the language of instruction is
English; or
``(ii) the opportunity to participate fully in
society.
``(23) The term `principles of scientific research' means
principles of research that--
``(A) applies rigorous, systematic, and objective
methodology to obtain reliable and valid knowledge
relevant to education activities and programs;
``(B) presents findings and makes claims that are
appropriate to and supported by methods that have been
employed; and
``(C) includes, as appropriate to the research being
conducted--
``(i) use of systematic, empirical methods
that draw on observation or experiment;
``(ii) use of data analyses that are adequate
to support the general findings;
``(iii) reliance on measurements or
observational methods that provide reliable and
generalizable findings;
``(iv) strong claims of causal relationships,
only with research designs that eliminate
plausible competing explanations for observed
results, such as, but not limited to, random
assignment experiments;
``(v) presentation of studies and methods in
sufficient detail and clarity to allow for
replication or, at a minimum, to offer the
opportunity to build systematically on the
findings of the research;
[[Page 121 STAT. 1366]]
``(vi) acceptance by a peer-reviewed journal
or critique by a panel of independent experts
through a comparably rigorous, objective, and
scientific review; and
``(vii) consistency of findings across
multiple studies or sites to support the
generality of results and conclusions.
``(24) The term `professional development' means high-
quality activities that will improve the knowledge and skills of
Head Start teachers and staff, as relevant to their roles and
functions, in program administration and the provision of
services and instruction, as appropriate, in a manner that
improves service delivery to enrolled children and their
families, including activities that--
``(A) are part of a sustained effort to improve
overall program quality and outcomes for enrolled
children and their families;
``(B) are developed or selected with extensive
participation of administrators and teachers from Head
Start programs;
``(C) are developmentally appropriate for the
children being served;
``(D) include instruction in ways that Head Start
teachers and staff may work more effectively with
parents, as appropriate;
``(E) are designed to give Head Start teachers and
staff the knowledge and skills to provide instruction
and appropriate support services to children of diverse
backgrounds, as appropriate;
``(F) may include a 1-day or short-term workshop or
conference, if the workshop or conference is consistent
with the goals in the professional development plan
described in section 648A(f) and will be delivered by an
institution of higher education or other entity, with
expertise in delivering training in early childhood
development, training in family support, and other
assistance designed to improve the delivery of Head
Start services; and
``(G) in the case of teachers, assist teachers
with--
``(i) the acquisition of the content knowledge
and teaching strategies needed to provide
effective instruction and other school readiness
services regarding early language and literacy,
early mathematics, early science, cognitive
skills, approaches to learning, creative arts,
physical health and development, and social and
emotional development linked to school readiness;
``(ii) meeting the requirements in paragraphs
(1) and (2) of section 648A(a), as appropriate;
``(iii) improving classroom management skills,
as appropriate;
``(iv) advancing their understanding of
effective instructional strategies that are--
``(I) based on scientifically valid
research; and
``(II) aligned with--
``(aa) the Head Start Child
Outcomes Framework developed by
the Secretary and, as
appropriate, State early
learning standards; and
[[Page 121 STAT. 1367]]
``(bb) curricula, ongoing
assessments, and other
instruction and services,
designed to help meet the
standards described in section
641A(a)(1);
``(v) acquiring the knowledge and skills to
provide instruction and appropriate language and
support services to increase the English language
skills of limited English proficient children, as
appropriate; or
``(vi) methods of teaching children with
disabilities, as appropriate.
``(25) The term `scientifically valid research' includes
applied research, basic research, and field-initiated research
in which the rationale, design, and interpretation are soundly
developed in accordance with principles of scientific research.
``(26) The term `unresolved area of noncompliance' means
failure to correct a noncompliance item within 120 days, or
within such additional time (if any) as is authorized by the
Secretary, after receiving from the Secretary notice of such
noncompliance item, pursuant to section 641A(c).''.
(b) Redesignation and Reordering of Definitions.--Section 637 of
such Act is amended--
(1) by redesignating paragraphs (1) through (23) as
paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (12),
(16), (17), (18), (19), (22), (24), (25), (2), (11), (13), (14),
(15), (20), (21), (23), and (26), respectively; and
(2) so that paragraphs (1) through (26), as so redesignated
in paragraph (1), appear in numerical order.
SEC. 4. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is amended by
inserting ``for a period of 5 years'' after ``provide financial
assistance to such agency''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to
read as follows:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subchapter (other than section 657B) $7,350,000,000 for fiscal year
2008, $7,650,000,000 for fiscal year 2009, $7,995,000,000 for fiscal
year 2010, and such sums as may be necessary for each of fiscal years
2011 and 2012.''.
SEC. 6. ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE.
(a) Allotment of Funds.--Section 640(a) of the Head Start Act (42
U.S.C. 9835(a)) is amended to read as follows:
``(a)(1) Using the sums appropriated pursuant to section 639 for a
fiscal year, the Secretary shall allocate such sums in accordance with
paragraphs (2) through (5).
``(2)(A) The Secretary shall determine an amount for each fiscal
year for each State that is equal to the amount received through base
grants for the prior fiscal year by the Head Start agencies (including
Early Head Start agencies) in the State that are not described in clause
(ii) or (iii) of subparagraph (B).
``(B) The Secretary shall reserve for each fiscal year such sums as
are necessary--
[[Page 121 STAT. 1368]]
``(i) to provide each amount determined for a State under
subparagraph (A) to the Head Start agencies (including Early
Head Start agencies) in the State that are not described in
clause (ii) or (iii), by allotting to each agency described in
this clause an amount equal to that agency's base grant for the
prior fiscal year;
``(ii) to provide an amount for the Indian Head Start
programs that is equal to the amount provided for base grants
for such programs under this subchapter for the prior fiscal
year, by allotting to each Head Start agency (including each
Early Head Start agency) administering an Indian Head Start
program an amount equal to that agency's base grant for the
prior fiscal year;
``(iii) to provide an amount for the migrant and seasonal
Head Start programs, on a nationwide basis, that is equal to the
amount provided nationwide for base grants for such programs
under this subchapter for the prior fiscal year, by allotting to
each Head Start agency administering a migrant or seasonal Head
Start program an amount equal to that agency's base grant for
the prior fiscal year;
``(iv) to provide an amount for each of Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and the
Virgin Islands of the United States (for Head Start agencies
(including Early Head Start agencies) in the jurisdiction) that
is equal to the amount provided for base grants for such
jurisdiction under this subchapter for the prior fiscal year, by
allotting to each agency described in this clause an amount
equal to that agency's base grant for the prior fiscal year;
``(v) to provide an amount for the Republic of Palau (for
Head Start agencies (including Early Head Start agencies) in the
jurisdiction) for each of fiscal years 2008 and 2009, and (if
legislation approving a new agreement regarding United States
assistance for the Republic of Palau has not been enacted by
September 30, 2009) for each of fiscal years 2010 through 2012,
that is equal to the amount provided for base grants for such
jurisdiction under this subchapter for the prior fiscal year, by
allotting to each agency described in this clause an amount
equal to that agency's base grant for the prior fiscal year; and
``(vi) to provide an amount for a collaboration grant under
section 642B(a) for each State, for the Indian Head Start
programs, and for the migrant and seasonal Head Start programs,
in the same amount as the corresponding collaboration grant
provided under this subchapter for fiscal year 2007.
``(C)(i) The Secretary shall reserve for each fiscal year an amount
that is not less than 2.5 percent and not more than 3 percent of the
sums appropriated pursuant to section 639 for that fiscal year, to fund
training and technical assistance activities, from which reserved
amount--
``(I) the Secretary shall set aside a portion, but not less
than 20 percent, to be used to fund training and technical
assistance activities for Early Head Start programs, in
accordance with section 645A(g)(2); and
``(II) the Secretary shall set aside a portion, equal to the
rest of the reserved amount, to fund training and technical
[[Page 121 STAT. 1369]]
assistance activities for other Head Start programs, in
accordance with section 648, of which portion--
``(aa) not less than 50 percent shall be made
available to Head Start agencies to use directly, which
may include at their discretion the establishment of
local or regional agreements with community experts,
institutions of higher education, or private
consultants, to make program improvements identified by
such agencies, by carrying out the training and
technical assistance activities described in section
648(d);
``(bb) not less than 25 percent shall be available
to the Secretary to support a State-based training and
technical assistance system, or a national system,
described in section 648(e) for supporting program
quality; and
``(cc) the remainder of the portion set aside under
this subclause shall be available to the Secretary to
assist Head Start agencies in meeting and exceeding the
standards described in section 641A(a)(1) by carrying
out activities described in subsections (a), (b), (c),
(f), and (g) of section 648, including helping Head
Start programs address weaknesses identified by
monitoring activities conducted by the Secretary under
section 641A(c), except that not less than $3,000,000 of
the remainder shall be made available to carry out
activities described in section 648(a)(3)(B)(ii).
``(ii) In determining the portion set aside under clause (i)(I) and
the amount reserved under this subparagraph, the Secretary shall
consider the number of Early Head Start programs newly funded for that
fiscal year.
``(D) The Secretary shall reserve not more than $20,000,000 to fund
research, demonstration, and evaluation activities under section 649, of
which not more than $7,000,000 for each of fiscal years 2008 through
2012 shall be available to carry out impact studies under section
649(g).
``(E) The Secretary shall reserve not more than $42,000,000 for
discretionary payments by the Secretary, including payments for all
costs (other than compensation of Federal employees) for activities
carried out under subsection (c) or (e) of section 641A.
``(F) If the sums appropriated under section 639 are not sufficient
to provide the amounts required to be reserved under subparagraphs (B)
through (E), the amounts shall be reduced proportionately.
``(G) Nothing in this section shall be construed to deny the
Secretary the authority, consistent with sections 641, 641A, and 646 to
terminate, suspend, or reduce funding to a Head Start agency.
``(3)(A) From any amount remaining for a fiscal year after the
Secretary carries out paragraph (2) (referred to in this paragraph as
the `remaining amount'), the Secretary shall--
``(i) subject to clause (ii)--
``(I) provide a cost of living increase for each
Head Start agency (including each Early Head Start
agency) funded under this subchapter for that fiscal
year, to maintain the level of services provided during
the prior year; and
``(II) subject to subparagraph (B), provide
$10,000,000 for Indian Head Start programs (including
Early Head Start programs), and $10,000,000 for migrant
and seasonal
[[Page 121 STAT. 1370]]
Head Start programs, to increase enrollment in the
programs involved;
``(ii) subject to clause (iii), if the remaining amount is
not sufficient to carry out clause (i)--
``(I) for each of fiscal years 2008, 2009, and
2010--
``(aa) subject to subparagraph (B), provide 5
percent of that amount for Indian Head Start
programs (including Early Head Start programs),
and 5 percent of that amount for migrant and
seasonal Head Start programs, to increase
enrollment in the programs involved; and
``(bb) use 90 percent of that amount to
provide, for each Head Start agency (including
each Early Head Start agency) funded as described
in clause (i)(I), the same percentage (but not
less than 50 percent) of the cost of living
increase described in clause (i); and
``(II) for fiscal year 2011 and each subsequent
fiscal year--
``(aa) provide, for each Head Start agency
(including each Early Head Start agency) funded as
described in clause (i)(I), the cost of living
increase described in clause (i); and
``(bb) subject to subparagraph (B), with any
portion of the remaining amount that is not used
under item (aa), provide equal amounts for Indian
Head Start programs (including Early Head Start
programs), and for migrant and seasonal Head Start
programs, to increase enrollment in the programs
involved; and
``(iii) if the remaining amount is not sufficient to carry
out clause (ii) for the fiscal year involved, use that amount to
provide, for each Head Start agency (including each Early Head
Start agency) funded as described in clause (i)(I), the same
percentage of the cost of living increase described in clause
(i).
``(B)(i) Notwithstanding any other provision of this paragraph, the
Indian Head Start programs shall not receive more than a total
cumulative amount of $50,000,000 for all fiscal years, and the migrant
and seasonal Head Start programs shall not receive more than a total
cumulative amount of $50,000,000 for all fiscal years, under clause
(i)(II), and subclauses (I)(aa) and (II)(bb) of clause (ii), of
subparagraph (A) (referred to in this subsection as the `special
expansion provisions'), to increase enrollment in the programs involved.
``(ii)(I) Funds that are appropriated under section 639 for a fiscal
year, and made available to Indian Head Start programs or migrant or
seasonal Head Start programs under the special expansion provisions,
shall remain available until the end of the following fiscal year.
``(II) For purposes of subclause (I)--
``(aa) if no portion is reallocated under clause (iii),
those funds shall remain available to the programs involved; or
``(bb) if a portion is reallocated under clause (iii), the
portion shall remain available to the recipients of the portion.
``(iii) Of the funds made available as described in clause (ii), the
Secretary shall reallocate the portion that the Secretary determines is
unobligated 18 months after the funds are made available. The Secretary
shall add that portion to the balance described in
[[Page 121 STAT. 1371]]
paragraph (4), and reallocate the portion in accordance with paragraph
(4), for the following fiscal year referred to in clause (ii).
``(4)(A) Except as provided in subparagraph (B), from any amount
remaining for a fiscal year after the Secretary carries out paragraphs
(2) and (3) (referred to in this paragraph as the `balance'), the
Secretary shall--
``(i) reserve 40 percent to carry out subparagraph (C) and
paragraph (5);
``(ii) reserve 45 percent to carry out subparagraph (D); and
``(iii) reserve 15 percent (which shall remain available
through the end of fiscal year 2012) to provide funds for
carrying out section 642B(b)(2).
``(B)(i) Under the circumstances described in clause (ii), from the
balance, the Secretary shall--
``(I) reserve 45 percent to carry out subparagraph (C) and
paragraph (5); and
``(II) reserve 55 percent to carry out subparagraph (D).
``(ii) The Secretary shall make the reservations described in clause
(i) for a fiscal year if--
``(I) the total cumulative amount reserved under
subparagraph (A)(iii) for all preceding fiscal years equals
$100,000,000; or
``(II) in the 2-year period preceding such fiscal year,
funds were reserved under subparagraph (A)(iii) in an amount
that totals not less than $15,000,000 and the Secretary received
no approvable applications for such funds.
``(iii) The total cumulative amount reserved under subparagraph
(A)(iii) for all fiscal years may not be greater than $100,000,000.
``(C) The Secretary shall fund the quality improvement activities
described in paragraph (5) using the amount reserved under subparagraph
(A)(i) or subparagraph (B)(i)(I), as appropriate, of which--
``(i) a portion that is less than 10 percent may be reserved
by the Secretary to provide funding to Head Start agencies
(including Early Head Start agencies) that demonstrate the
greatest need for additional funding for such activities, as
determined by the Secretary; and
``(ii) a portion that is not less than 90 percent shall be
reserved by the Secretary to allot, to each Head Start agency
(including each Early Head Start agency), an amount that bears
the same ratio to such portion as the number of enrolled
children served by the agency involved bears to the number of
enrolled children served by all the Head Start agencies
(including Early Head Start agencies), except that the Secretary
shall account for the additional costs of serving children in
Early Head Start programs and may consider whether an agency is
providing a full-day program or whether an agency is providing a
full-year program.
``(D) The Secretary shall fund expansion of Head Start programs
(including Early Head Start programs) using the amount reserved under
subparagraph (A)(ii) or subparagraph (B)(i)(II), as appropriate, of
which the Secretary shall--
``(i) use 0.2 percent for Head Start programs funded under
clause (iv) or (v) of paragraph (2)(B) (other than Early Head
Start programs);
[[Page 121 STAT. 1372]]
``(ii) for any fiscal year after the last fiscal year for
which Indian Head Start programs receive funds under the special
expansion provisions, use 3 percent for Head Start programs
funded under paragraph (2)(B)(ii) (other than Early Head Start
programs), except that the Secretary may increase that
percentage if the Secretary determines that the results of the
study conducted under section 649(k) indicate that the
percentage should be increased;
``(iii) for any fiscal year after the last fiscal year for
which migrant or seasonal Head Start programs receive funds
under the special expansion provisions, use 4.5 percent for Head
Start programs funded under paragraph (2)(B)(iii) (other than
Early Head Start programs), except that the Secretary may
increase that percentage if the Secretary determines that the
results of the study conducted under section 649(l) indicate
that the percentage should be increased; and
``(iv) from the remainder of the reserved amount--
``(I) use 50 percent for Head Start programs funded
under paragraph (2)(B)(i) (other than Early Head Start
programs), of which--
``(aa) the covered percentage shall be
allocated among the States serving less than 60
percent (as determined by the Secretary) of
children who are 3 or 4 years of age from families
whose income is below the poverty line, by
allocating to each of those States an amount that
bears the same relationship to that covered
percentage as the number of children who are less
than 5 years of age from families whose income is
below the poverty line (referred to in this
subclause as `young low-income children') in that
State bears to the number of young low-income
children in all those States; and
``(bb) the remainder shall be allocated
proportionately among the States on the basis of
the number of young low-income children; and
``(II) use 50 percent for Early Head Start programs.
``(E) In this paragraph, the term `covered percentage' means--
``(i) for fiscal year 2008, 30 percent;
``(ii) for fiscal year 2009, 40 percent;
``(iii) for fiscal year 2010, 50 percent;
``(iv) for fiscal year 2011, 55 percent; and
``(v) for fiscal year 2012, 55 percent.
``(5)(A) Not less than 50 percent of the amount reserved under
subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of
paragraph (4) to carry out quality improvement activities under
paragraph (4)(C) and this paragraph shall be used to improve the
compensation (including benefits) of educational personnel, family
service workers, and child counselors, as described in sections 644(a)
and 653, in the manner determined by the Head Start agencies (including
Early Head Start agencies) involved, to--
``(i) ensure that compensation is adequate to attract and
retain qualified staff for the programs involved in order to
enhance program quality;
``(ii) improve staff qualifications and assist with the
implementation of career development programs for staff that
support ongoing improvement of their skills and expertise; and
[[Page 121 STAT. 1373]]
``(iii) provide education and professional development to
enable teachers to be fully competent to meet the professional
standards established under section 648A(a)(1), including--
``(I) providing assistance to complete postsecondary
course work;
``(II) improving the qualifications and skills of
educational personnel to become certified and licensed
as bilingual education teachers, or as teachers of
English as a second language; and
``(III) improving the qualifications and skills of
educational personnel to teach and provide services to
children with disabilities.
``(B) Any remaining funds from the reserved amount described in
subparagraph (A) shall be used to carry out any of the following
activities:
``(i) Supporting staff training, child counseling, and other
services, necessary to address the challenges of children from
immigrant, refugee, and asylee families, homeless children,
children in foster care, limited English proficient children,
children of migrant or seasonal farmworker families, children
from families in crisis, children referred to Head Start
programs (including Early Head Start programs) by child welfare
agencies, and children who are exposed to chronic violence or
substance abuse.
``(ii) Ensuring that the physical environments of Head Start
programs are conducive to providing effective program services
to children and families, and are accessible to children with
disabilities and other individuals with disabilities.
``(iii) Employing additional qualified classroom staff to
reduce the child-to-teacher ratio in the classroom and
additional qualified family service workers to reduce the
family-to-staff ratio for those workers.
``(iv) Ensuring that Head Start programs have qualified
staff that promote the language skills and literacy growth of
children and that provide children with a variety of skills that
have been identified, through scientifically based reading
research, as predictive of later reading achievement.
``(v) Increasing hours of program operation, including--
``(I) conversion of part-day programs to full-
working-day programs; and
``(II) increasing the number of weeks of operation
in a calendar year.
``(vi) Improving communitywide strategic planning and needs
assessments for Head Start programs and collaboration efforts
for such programs, including outreach to children described in
clause (i).
``(vii) Transporting children in Head Start programs safely,
except that not more than 10 percent of funds made available to
carry out this paragraph may be used for such purposes.
``(viii) Improving the compensation and benefits of staff of
Head Start agencies, in order to improve the quality of Head
Start programs.
``(6) No sums appropriated under this subchapter may be combined
with funds appropriated under any provision other than this subchapter
if the purpose of combining funds is to make a single discretionary
grant or a single discretionary payment, unless
[[Page 121 STAT. 1374]]
such sums appropriated under this subchapter are separately identified
in such grant or payment and are used for the purposes of this
subchapter.
``(7) In this subsection:
``(A) The term `base grant', used with respect to a fiscal
year, means the amount of permanent ongoing funding (other than
funding described in sections 645A(g)(2)(A)(i) and paragraph
(2)(C)(i)(II)(aa)) provided to a Head Start agency (including an
Early Head Start agency) under this subchapter for that fiscal
year.
``(B) The term `cost-of-living increase', used with respect
to an agency for a fiscal year, means an increase in the funding
for that agency, based on the percentage change in the Consumer
Price Index for All Urban Consumers (issued by the Bureau of
Labor Statistics) for the prior fiscal year, calculated on the
amount of the base grant for that agency for the prior fiscal
year.
``(C) For the purposes of this subsection, the term `State'
does not include Guam, American Samoa, the Virgin Islands of the
United States, the Commonwealth of the Northern Mariana Islands,
the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''.
(b) Minimum Enrollment Requirement for Children With Disabilities.--
Section 640(d) of the Head Start Act (42 U.S.C. 9835(d)) is amended to
read as follows:
``(d)(1) <<NOTE: Procedures.>> The Secretary shall establish
policies and procedures to assure that, for fiscal year 2009 and
thereafter, not less than 10 percent of the total number of children
actually enrolled by each Head Start agency and each delegate agency
will be children with disabilities who are determined to be eligible for
special education and related services, or early intervention services,
as appropriate, as determined under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), by the State or local agency
providing services under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.).
``(2) Such policies and procedures shall ensure the provision of
early intervening services, such as educational and behavioral services
and supports, to meet the needs of children with disabilities, prior to
an eligibility determination under the Individuals with Disabilities
Education Act.
``(3) Such policies and procedures shall require Head Start agencies
to provide timely referral to and collaborate with the State or local
agency providing services under section 619 or part C of the Individuals
with Disabilities Education Act to ensure the provision of special
education and related services and early intervention services, and the
coordination of programmatic efforts, to meet the special needs of such
children.
``(4) <<NOTE: Waiver authority.>> The Secretary shall establish
policies and procedures to provide Head Start agencies with waivers of
the requirements of paragraph (1) for not more than 3 years. Such
policies and procedures shall require Head Start agencies, in order to
receive such waivers, to provide evidence demonstrating that the Head
Start agencies are making reasonable efforts on an annual basis to
comply with the requirements of that paragraph.
``(5) Nothing in this subsection shall be construed to limit or
create a right to a free appropriate public education under the
Individuals with Disabilities Education Act.''.
[[Page 121 STAT. 1375]]
(c) Service Delivery Models.--Section 640(f) of the Head Start Act
(42 U.S.C. 9835(f)) is amended--
(1) by striking ``(f) The'' and inserting ``(f)(1) Not later
than 1 year after the date of enactment of the Improving Head
Start for School Readiness Act of 2007, the'';
(2) by striking ``needs.'' and inserting ``needs, including
models that leverage the capacity and capabilities of the
delivery system of early childhood education and development
services or programs.''; and
(3) by adding at the end the following:
``(2) <<NOTE: Procedures.>> In establishing the procedures the
Secretary shall establish procedures to provide for--
``(A) the conversion of part-day programs to full-working-
day programs or part-day slots to full-working-day slots; and
``(B) serving additional infants and toddlers pursuant to
section 645(a)(5).''.
(d) Additional Funds.--Section 640(g) of the Head Start Act (42
U.S.C. 9835(g)) is amended--
(1) by striking paragraphs (1), (3), and (4);
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``, in allocating funds to an applicant within
a State, from amounts allotted to a State pursuant to
subsection (a)(4),'';
(B) in subparagraph (A), by striking ``performance
standards'' and inserting ``standards described in
section 641A(a)(1)'';
(C) by striking subparagraph (C) and inserting the
following:
``(C) the extent to which the applicant has undertaken a
communitywide strategic planning and needs assessment involving
other entities, including community organizations, and Federal,
State, and local public agencies (including the local
educational agency liaison designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11432(g)(1)(J)(ii))), that provide services to
children and families, such as--
``(i) family support services;
``(ii) child abuse prevention services;
``(iii) protective services;
``(iv) foster care;
``(v) services for families in whose homes English
is not the language customarily spoken;
``(vi) services for children with disabilities; and
``(vii) services for homeless children;'';
(D) in subparagraph (D)--
(i) by striking ``family and community needs
assessment'' and inserting ``family needs
assessment and communitywide strategic planning
and needs assessment'';
(ii) by striking ``reflects'' and inserting
``reflect''; and
(iii) by striking ``other local'' and
inserting ``the State and local'';
(E) by striking subparagraph (E) and inserting the
following:
[[Page 121 STAT. 1376]]
``(E) the number of eligible children, as described
in clause (i) or (ii) of section 645(a)(1)(B), in each
community who are not participating in a Head Start
program or any other publicly funded early childhood
education and development program;'';
(F) by striking subparagraphs (G) and (H) and
inserting the following:
``(G) the extent to which the applicant proposes to foster
partnerships with other service providers in a manner that will
leverage the existing delivery systems of such services and
enhance the resource capacity of the applicant; and
``(H) the extent to which the applicant, in providing
services, successfully coordinated activities with the local
educational agency serving the community involved (including the
local educational agency liaison 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 with schools in which
children participating in such applicant's program will enroll
following such program, with respect to such services and the
education services provided by such local educational agency.'';
(3) by redesignating paragraph (2) as paragraph (1); and
(4) by adding at the end the following:
``(2) Notwithstanding paragraph (1), in using funds made available
for expansion under subsection (a)(4)(D), the Secretary shall first
allocate the funds to qualified applicants proposing to use such funds
to serve children from families with incomes below the poverty line.
Agencies that receive such funds are subject to the eligibility and
enrollment requirements under section 645(a)(1).
``(3)(A) In the event that the amount appropriated to carry out the
program under this subchapter for a fiscal year does not exceed the
amount appropriated for the prior fiscal year, or is not sufficient to
maintain services comparable to the services provided under this
subchapter during the prior fiscal year, a Head Start agency may
negotiate with the Secretary a reduced funded enrollment level without a
reduction in the amount of the grant received by the agency under this
subchapter, if such agency can reasonably demonstrate that such reduced
funded enrollment level is necessary to maintain the quality of
services.
``(B) <<NOTE: Process.>> In accordance with this paragraph, the
Secretary shall set up a process for Head Start agencies to negotiate
the reduced funded enrollment levels referred to in subparagraph (A) for
the fiscal year involved.
``(C) <<NOTE: Notification.>> In the event described in subparagraph
(A), the Secretary shall be required to notify Head Start agencies of
their ability to negotiate the reduced funded enrollment levels if such
an agency can reasonably demonstrate that such reduced funded enrollment
level is necessary to maintain the quality of services.''.
(e) Vehicle Safety Requirements.--Section 640(i) of the Head Start
Act (42 U.S.C. 9835(i)) is amended by adding at the end the following:
``The regulations shall also establish requirements to ensure the
appropriate supervision of, and appropriate background checks for,
individuals with whom the agencies contract to transport those
children.''.
(f) Migrant and Seasonal Head Start Programs.--Section 640(l) of the
Head Start Act (42 U.S.C. 9835(l)) is amended--
(1) in paragraph (1)--
[[Page 121 STAT. 1377]]
(A) by striking ``With funds'' and all that follows
through ``programs,'' and inserting ``With funds made
available under this subchapter to expand migrant and
seasonal Head Start programs,''; and
(B) by striking ``children of migrant and seasonal
farmworker families'' and inserting ``children of
migrant or seasonal farmworker families'';
(2) in paragraph (2)--
(A) by striking ``For'' and all that follows through
``in determining'' and inserting ``In determining'';
(B) by striking ``children of migrant farmworkers''
and inserting ``children of migrant farmworker
families'';
(C) by striking ``under such subsection'' and
inserting ``under this subchapter'';
(D) by striking ``children of seasonal farmworkers''
each place it appears and inserting ``children of
seasonal farmworker families''; and
(E) by striking ``children of such farmworkers'' and
inserting ``children of such farmworker families''; and
(3) by striking paragraph (3) and inserting the following:
``(3) In carrying out this subchapter, the Secretary shall continue
the administrative arrangement at the national level for meeting the
needs of Indian children and children of migrant and seasonal farmworker
families and shall ensure--
``(A) the provision of training and technical assistance by
staff with knowledge of and experience in working with such
populations; and
``(B) the appointment of a national Indian Head Start
collaboration director and a national migrant and seasonal Head
Start collaboration director.
``(4)(A) For the purposes of paragraph (3), the Secretary shall
conduct an annual consultation in each affected Head Start region, with
tribal governments operating Head Start (including Early Head Start)
programs.
``(B) The consultations shall be for the purpose of better meeting
the needs of Indian, including Alaska Native, children and their
families, in accordance with this subchapter, taking into consideration
funding allocations, distribution formulas, and other issues affecting
the delivery of Head Start services in their geographic locations.
``(C) <<NOTE: Federal Register, publication.>> The Secretary shall
publish a notification of the consultations in the Federal Register
before conducting the consultations.
``(D) <<NOTE: Reports. Deadline.>> The Secretary shall ensure that a
detailed report of each consultation shall be prepared and made
available, within 90 days after the consultation, to all tribal
governments receiving funds under this subchapter.''.
(g) Enrollment of Homeless Children; Rule of Construction;
Materials.--Section 640 of the Head Start Act (42 U.S.C. 9835) is
amended by adding at the end the following:
``(m) <<NOTE: Regulations. Procedures.>> The Secretary shall issue
rules to establish policies and procedures to remove barriers to the
enrollment and participation of homeless children in Head Start
programs. Such rules shall require Head Start agencies--
``(1) to implement policies and procedures to ensure that
homeless children are identified and prioritized for enrollment;
[[Page 121 STAT. 1378]]
``(2) to allow families of homeless children to apply to,
enroll in, and attend Head Start programs while required
documents, such as proof of residency, immunization and other
medical records, birth certificates, and other documents, are
obtained within a reasonable time frame; and
``(3) to coordinate individual Head Start programs with
efforts to implement subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).
``(n) Nothing in this subchapter shall be construed to require a
State to establish a publicly funded program of early childhood
education and development, or to require any child to participate in
such a publicly funded program, including a State-funded preschool
program, or to participate in any initial screening before participating
in a publicly funded program of early childhood education and
development, except as provided under sections 612(a)(3) and 635(a)(5)
of the Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(3), 1435(a)(5)).
``(o) All curricula funded under this subchapter shall be based on
scientifically valid research, and be age and developmentally
appropriate. The curricula shall reflect all areas of child development
and learning and be aligned with the Head Start Child Outcomes
Framework. Parents shall have the opportunity to examine any such
curricula or instructional materials funded under this subchapter.''.
SEC. 7. DESIGNATION OF HEAD START AGENCIES.
Section 641 of the Head Start Act (42 U.S.C. 9836) is amended to
read as follows:
``SEC. 641. DESIGNATION OF HEAD START AGENCIES.
``(a) Authority To Designate.--
``(1) In general.--The Secretary is authorized to designate
as a Head Start agency any local public or private nonprofit
agency, including community-based and faith-based organizations,
or for-profit agency, within a community, pursuant to the
requirements of this section.
``(2) Interim policy.--Notwithstanding paragraph (1), until
such time as the Secretary develops and implements the system
for designation renewal under this section, the Secretary is
authorized to designate as a Head Start agency, any local public
or private nonprofit agency, including community-based and
faith-based organizations, or for-profit agency, within a
community, in the manner and process utilized by the Secretary
prior to the enactment of the Improving Head Start for School
Readiness Act of 2007.
``(b) Application for Designation Renewal.--To be considered for
designation renewal, an entity shall submit an application to the
Secretary, at such time and in such manner as the Secretary may require.
``(c) System for Designation Renewal.--
``(1) In general.--The Secretary shall develop a system for
designation renewal that integrates the recommendations of the
expert panel convened under paragraph (2) to determine if a Head
Start agency is delivering a high-quality and comprehensive Head
Start program that meets the educational, health, nutritional,
and social needs of the children and families it serves, and
meets program and financial management
[[Page 121 STAT. 1379]]
requirements and standards described in section 641A(a)(1),
based on--
``(A) annual budget and fiscal management data;
``(B) program reviews conducted under section
641A(c);
``(C) annual audits required under section 647;
``(D) classroom quality as measured under section
641A(c)(2)(F); and
``(E) Program Information Reports.
``(2) Expert panel.--Not <<NOTE: Deadline.>> later than 3
months after the date of enactment of the Improving Head Start
for School Readiness Act of 2007, the Secretary shall convene an
expert panel of 7 members to make recommendations to the
Secretary on the development of a transparent, reliable, and
valid system for designation renewal.
``(3) Composition of expert panel.--The Secretary, in
convening such panel, shall appoint the following:
``(A)(i) One member, who has demonstrated
competency, as evidenced by training, expertise, and
experience, in early childhood program accreditation.
``(ii) One member, who has demonstrated competency
(as so evidenced) in research on early childhood
development.
``(iii) One member, who has demonstrated competency
(as so evidenced) in governance and finance of nonprofit
organizations.
``(iv) One member, who has demonstrated competency
(as so evidenced) in delivery of services to populations
of children with special needs and their families.
``(v) One member, who has demonstrated competency
(as so evidenced) in assessment and evaluation of
programs serving young children.
``(B) An employee from the Office of Head Start.
``(C) An executive director of a Head Start agency.
``(4) Expert panel report.--Within 9 months after being
convened by the Secretary, the expert panel shall issue a report
to the Secretary that provides recommendations on a proposed
system for designation renewal that takes into account the
criteria in subparagraphs (A) through (E) of paragraph (1) to
evaluate whether a Head Start agency is fulfilling its mission
to deliver a high-quality and comprehensive Head Start program,
including adequately meeting its governance, legal, and
financial management requirements.
``(5) Public comment and consideration.--
Not <<NOTE: Deadline. Federal Register, publication.>> later
than 3 months after receiving the report described in paragraph
(4), the Secretary shall publish a notice describing a proposed
system for designation renewal in the Federal Register,
including a proposal for the transition to such system,
providing at least 90 days for public comment. The Secretary
shall review and consider public comments prior to finalizing
the system for designation renewal described in this subsection.
``(6) Designation renewal system.--
Not <<NOTE: Deadline.>> later than 12 months after publishing a
notice describing the proposed system under paragraph (5), the
Secretary shall implement the system for designation renewal and
use that system to determine--
``(A) whether a Head Start grantee is successfully
delivering a high-quality and comprehensive Head Start
program; and
[[Page 121 STAT. 1380]]
``(B) whether the grantee has any unresolved
deficiencies found during the last triennial review
under section 641A(c).
``(7) Implementation of the designation renewal system.--
``(A) In general.--A grantee who is determined under
such system--
``(i) to be delivering a high-quality and
comprehensive Head Start program shall be
designated (consistent with section 643) as a Head
Start agency for the period of 5 years described
in section 638;
``(ii) to not be delivering a high-quality and
comprehensive Head Start program shall be subject
to an open competition as described in subsection
(d); and
``(iii) in the case of an Indian Head Start
agency, to not be delivering a high-quality and
comprehensive Head Start program shall
(notwithstanding clause (ii)) be subject to the
requirements of subparagraph (B).
``(B) <<NOTE: Plan. Deadlines.>> Tribal government
consultation and reevaluation.--On making a
determination described in subparagraph (A)(iii), the
Secretary shall engage in government-to-government
consultation with the appropriate tribal government or
governments for the purpose of establishing a plan to
improve the quality of Head Start programs operated by
the Indian Head Start agency. Such plan shall be
established and implemented within 6 months after the
Secretary's determination. Not more than 6 months after
the implementation of that plan, the Secretary shall
reevaluate the performance of the Indian Head Start
agency. If the Indian Head Start agency is still not
delivering a high-quality and comprehensive Head Start
program, the Secretary shall conduct an open competition
as described in subsection (d), subject to the
limitations described in subsection (e).
``(8) Transparency, reliability, and validity.--The
Secretary shall ensure the system for designation renewal is
fair, consistent, and transparent and is applied in a manner
that renews designations, in a timely manner, grantees as Head
Start agencies for periods of 5 years if such grantees are
delivering high-quality and comprehensive Head Start programs.
The <<NOTE: Evaluation.>> Secretary shall periodically evaluate
whether the criteria of the system are being applied in a manner
that is transparent, reliable, and valid.
``(9) Transition.--
``(A) In general.--Each <<NOTE: Deadline.>> Head
Start agency shall be reviewed under the system for
designation renewal described in paragraph (6), not
later than 3 years after the implementation of such
system.
``(B) Limitation.--A Head Start agency shall not be
subject to the requirements of the system for
designation renewal prior to 18 months after the date of
enactment of the Improving Head Start for School
Readiness Act of 2007.
``(C) Schedule.--The Secretary shall establish and
implement a schedule for reviewing each Head Start
agency
[[Page 121 STAT. 1381]]
under the system for designation renewal described in
paragraph (6), consistent with subparagraphs (A) and
(B).
``(10) Reports to congress.--The Secretary shall--
``(A) make available to the Committee on Education
and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate the report described in paragraph (4);
``(B) concurrently with publishing a notice in the
Federal Register as described in paragraph (5), provide
a report to the Committee on Education and Labor 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 system
described in paragraph (5), including a clear rationale
for any differences between the proposed system and the
recommendations of the expert panel, if any such
differences exist; and
``(C) prior to implementing the system for
designation renewal, provide a report to the Committee
on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and
Pensions of the Senate--
``(i) summarizing the public comment on the
proposed system and the Secretary's response to
such comment; and
``(ii) describing the final system for
designation renewal and the plans for
implementation of such system.
``(d) Designation When No Entity Is Renewed.--
``(1) In general.--If no entity in a community is determined
to be successfully delivering a high-quality and comprehensive
Head Start program, as specified in subsection (c), the
Secretary shall, after conducting an open competition, designate
for a 5-year period a Head Start agency from among qualified
applicants in such community.
``(2) Considerations for designation.--In selecting from
among qualified applicants for designation as a Head Start
agency, the Secretary shall consider the effectiveness of each
such applicant to provide Head Start services, based on--
``(A) any past performance of such applicant in
providing services comparable to Head Start services,
including how effectively such applicant provided such
comparable services;
``(B) the plan of such applicant to provide
comprehensive health, educational, nutritional, social,
and other services needed to aid participating children
in attaining their full potential, and to prepare
children to succeed in school;
``(C) the plan of such applicant to attract and
retain qualified staff capable of delivering, including
implementing, a high-quality and comprehensive program,
including the ability to carry out a research based
curriculum aligned with the Head Start Child Outcomes
Framework and, as appropriate, State early learning
standards;
``(D) the ability of such applicant to maintain
child-to-teacher ratios and family service worker
caseloads that
[[Page 121 STAT. 1382]]
reflect best practices and are tied to high-quality
service delivery;
``(E) the capacity of such applicant to serve
eligible children with--
``(i) curricula that are based on
scientifically valid research, that are
developmentally appropriate, and that promote the
school readiness of children participating in the
program involved; and
``(ii) teaching practices that are based, as
appropriate, on scientifically valid research,
that are developmentally appropriate, and that
promote the school readiness of children
participating in the program involved;
``(F) the plan of such applicant to meet standards
described in section 641A(a)(1), with particular
attention to the standards described in subparagraphs
(A) and (B) of such section;
``(G) the proposed budget of the applicant and plan
of such applicant to maintain strong fiscal controls and
cost-effective fiscal management;
``(H) the plan of such applicant to coordinate and
collaborate with other public or private entities
providing early childhood education and development
programs and services for young children in the
community involved, including--
``(i) programs implementing grant agreements
under the Early Reading First and Even Start
programs under subparts 2 and 3 of part B of title
I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6371 et seq., 6381 et seq.);
``(ii) other preschool programs under title I
of that Act (20 U.S.C. 6301 et seq.);
``(iii) programs under section 619 and part C
of the Individuals with Disabilities Education Act
(20 U.S.C. 1419, 1431 et seq.);
``(iv) State prekindergarten programs;
``(v) child care programs;
``(vi) the educational programs that the
children in the Head Start program involved will
enter at the age of compulsory school attendance;
and
``(vii) local entities, such as a public or
school library, for--
``(I) conducting reading readiness
programs;
``(II) developing innovative
programs to excite children about the
world of books, including providing
fresh books in the Head Start classroom;
``(III) assisting in literacy
training for Head Start teachers; or
``(IV) supporting parents and other
caregivers in literacy efforts;
``(I) the plan of such applicant to coordinate the
Head Start program that the applicant proposes to carry
out, with public and private entities that are willing
to commit resources to assist the Head Start program in
meeting its program needs;
``(J) the plan of such applicant--
[[Page 121 STAT. 1383]]
``(i) to facilitate the involvement of parents
(including grandparents and kinship caregivers, as
appropriate) of children participating in the
proposed Head Start program, in activities (at
home and, if practicable, at the location of the
Head Start program) designed to help such parents
become full partners in the education of their
children;
``(ii) to afford such parents the opportunity
to participate in the development and overall
conduct of the program at the local level,
including transportation assistance, as
appropriate;
``(iii) to offer (directly or through referral
to local entities, such as entities carrying out
Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6381 et seq.), public and
school libraries, and entities carrying out family
support programs) to such parents--
``(I) family literacy services; and
``(II) parenting skills training;
``(iv) to offer to parents of participating
children substance abuse counseling (either
directly or through referral to local entities),
if needed, including information on the effect of
drug exposure on infants and fetal alcohol
syndrome;
``(v) at the option of such applicant, to
offer (directly or through referral to local
entities) to such parents--
``(I) training in basic child
development (including cognitive,
social, and emotional development);
``(II) assistance in developing
literacy and communication skills;
``(III) opportunities to share
experiences with other parents
(including parent-mentor relationships);
``(IV) regular in-home visitation;
``(V) health services, including
information on maternal depression; or
``(VI) any other activity designed
to help such parents become full
partners in the education of their
children;
``(vi) to provide, with respect to each
participating family, a family needs assessment
that includes consultation with such parents
(including foster parents, grandparents, and
kinship caregivers, where applicable), in a manner
and language that such parents can understand, to
the extent practicable, about the benefits of
parent involvement and about the activities
described in this subparagraph in which such
parents may choose to become involved (taking into
consideration their specific family needs, work
schedules, and other responsibilities); and
``(vii) to extend outreach to fathers
(including father figures), in appropriate cases,
in order to strengthen the role of those fathers
in families, in the education of young children,
and in the Head Start
[[Page 121 STAT. 1384]]
program, by working directly with the fathers
through activities such as--
``(I) in appropriate cases,
including the fathers in home visits and
providing opportunities for direct
father-child interactions; and
``(II) targeting increased male
participation in the conduct of the
program;
``(K) the plan of such applicant to meet the needs
of limited English proficient children and their
families, including procedures to identify such
children, plans to provide trained personnel, and plans
to provide services to assist the children in making
progress toward the acquisition of the English language,
while making meaningful progress in attaining the
knowledge, skills, abilities, and development described
in section 641A(a)(1)(B);
``(L) the plan of such applicant to meet the diverse
needs of the population served;
``(M) the plan of such applicant who chooses to
assist younger siblings of children who will participate
in the Head Start program to obtain health services from
other sources;
``(N) the plan of such applicant to meet the needs
of children with disabilities, including procedures to
identify such children, procedures for referral of such
children for evaluation to State or local agencies
providing services under section 619 or part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1419, 1431 et seq.), and plans for collaboration with
those State or local agencies;
``(O) the plan of such applicant to meet the needs
of homeless children, including transportation needs,
and the needs of children in foster care; and
``(P) other factors related to the requirements of
this subchapter.
``(3) Priority.--In selecting from among qualified
applicants for designation as a Head Start agency, the Secretary
shall give priority to applicants that have demonstrated
capacity in providing effective, comprehensive, and well-
coordinated early childhood education and development services
and programs to children and their families.
``(e) Prohibition Against Non-Indian Head Start Agency Receiving a
Grant for an Indian Head Start Program.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), under no condition may
a non-Indian Head Start agency receive a grant to carry out an
Indian Head Start program.
``(2) Exception.--In a community in which there is no Indian
Head Start agency available for designation to carry out an
Indian Head Start program, a non-Indian Head Start agency may
receive a grant to carry out an Indian Head Start program but
only until such time as an Indian Head Start agency in such
community becomes available and is designated pursuant to this
section.
``(f) Interim Provider.--If no agency in a community is designated
under subsection (d), and there is no qualified applicant in the
community, the Secretary shall designate a qualified agency to carry out
the Head Start program in the community on an
[[Page 121 STAT. 1385]]
interim basis until a qualified applicant from the community is
designated under subsection (d).
``(g) Parent and Community Participation.--The Secretary shall
require that the practice of significantly involving parents and
community residents in the area affected by the program involved, in the
selection of Head Start agencies, be continued.
``(h) Community.--For purposes of this subchapter, a community may
be a city, county, or multicity or multicounty unit within a State, an
Indian reservation (including Indians in any off-reservation area
designated by an appropriate tribal government in consultation with the
Secretary), or a neighborhood or other area (irrespective of boundaries
or political subdivisions) that provides a suitable organizational base
and possesses the commonality of interest needed to operate a Head Start
program.''.
SEC. 8. STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended to
read as follows:
``SEC. 641A. STANDARDS; MONITORING OF HEAD START AGENCIES AND
PROGRAMS.
``(a) Standards.--
``(1) Content of standards.--
The <<NOTE: Regulations.>> Secretary shall modify, as necessary,
program performance standards by regulation applicable to Head
Start agencies and programs under this subchapter, including--
``(A) performance standards with respect to services
required to be provided, including health, parental
involvement, nutritional, and social services,
transition activities described in section 642A, and
other services;
``(B) scientifically based and developmentally
appropriate education performance standards related to
school readiness that are based on the Head Start Child
Outcomes Framework to ensure that the children
participating in the program, at a minimum, develop and
demonstrate--
``(i) language knowledge and skills, including
oral language and listening comprehension;
``(ii) literacy knowledge and skills,
including phonological awareness, print awareness
and skills, and alphabetic knowledge;
``(iii) mathematics knowledge and skills;
``(iv) science knowledge and skills;
``(v) cognitive abilities related to academic
achievement and child development;
``(vi) approaches to learning related to child
development and early learning;
``(vii) social and emotional development
related to early learning, school success, and
social problemsolving;
``(viii) abilities in creative arts;
``(ix) physical development; and
``(x) in the case of limited English
proficient children, progress toward acquisition
of the English language while making meaningful
progress in attaining the knowledge, skills,
abilities, and development described in clauses
(i) through (ix), including progress
[[Page 121 STAT. 1386]]
made through the use of culturally and
linguistically appropriate instructional services;
``(C) administrative and financial management
standards;
``(D) standards relating to the condition and
location of facilities (including indoor air quality
assessment standards, where appropriate) for such
agencies, and programs, including regulations that
require that the facilities used by Head Start agencies
(including Early Head Start agencies and any delegate
agencies) for regularly scheduled center-based and
combination program option classroom activities--
``(i) shall meet or exceed State and local
requirements concerning licensing for such
facilities; and
``(ii) shall be accessible by State and local
authorities for purposes of monitoring and
ensuring compliance, unless State or local laws
prohibit such access; and
``(E) such other standards as the Secretary finds to
be appropriate.
``(2) Considerations regarding standards.--In developing any
modifications to standards required under paragraph (1), the
Secretary shall--
``(A) consult with experts in the fields of child
development, early childhood education, child health
care, family services (including linguistically and
culturally appropriate services to non-English speaking
children and their families), administration, and
financial management, and with persons with experience
in the operation of Head Start programs;
``(B) take into consideration--
``(i) past experience with use of the
standards in effect under this subchapter on the
date of enactment of the Improving Head Start for
School Readiness Act of 2007;
``(ii) changes over the period since October
27, 1998, in the circumstances and problems
typically facing children and families served by
Head Start agencies;
``(iii) recommendations from the study on
Developmental Outcomes and Assessments for Young
Children by the National Academy of Sciences,
consistent with section 649(j);
``(iv) developments concerning research-based
practices with respect to early childhood
education and development, children with
disabilities, homeless children, children in
foster care, and family services, and best
practices with respect to program administration
and financial management;
``(v) projected needs of an expanding Head
Start program;
``(vi) guidelines and standards that promote
child health services and physical development,
including participation in outdoor activity that
supports children's motor development and overall
health and nutrition;
[[Page 121 STAT. 1387]]
``(vii) changes in the characteristics of the
population of children who are eligible to
participate in Head Start programs, including
country of origin, language background, and family
structure of such children, and changes in the
population and number of such children who are in
foster care or are homeless children;
``(viii) mechanisms to ensure that children
participating in Head Start programs make a
successful transition to the schools that the
children will be attending;
``(ix) the need for Head Start agencies to
maintain regular communications with parents,
including conducting periodic meetings to discuss
the progress of individual children in Head Start
programs; and
``(x) the unique challenges faced by
individual programs, including those programs that
are seasonal or short term and those programs that
serve rural populations;
``(C)(i) review and revise as necessary the
standards in effect under this subsection; and
``(ii) ensure that any such revisions in the
standards will not result in the elimination of or any
reduction in quality, scope, or types of health,
educational, parental involvement, nutritional, social,
or other services required to be provided under such
standards as in effect on the date of enactment of the
Improving Head Start for School Readiness Act of 2007;
and
``(D) consult with Indian tribes, including Alaska
Natives, experts in Indian, including Alaska Native,
early childhood education and development, linguists,
and the National Indian Head Start Directors Association
on the review and promulgation of standards under
paragraph (1) (including standards for language
acquisition and school readiness).
``(3) Standards relating to obligations to delegate
agencies.--In developing any modifications to standards under
paragraph (1), the Secretary shall describe the obligations of a
Head Start agency to a delegate agency to which the Head Start
agency has delegated responsibility for providing services under
this subchapter.
``(b) Measures.--
``(1) In general.--The Secretary, in consultation with
representatives of Head Start agencies and with experts in the
fields of early childhood education and development, family
services, and program management, shall use the study on
Developmental Outcomes and Assessments for Young Children by the
National Academy of Sciences and other relevant research to
inform, revise, and provide guidance to Head Start agencies for
utilizing, scientifically based measures that support, as
appropriate--
``(A) classroom instructional practices;
``(B) identification of children with special needs;
``(C) program evaluation; and
``(D) administrative and financial management
practices.
[[Page 121 STAT. 1388]]
``(2) Characteristics of measures.--The measures under this
subsection shall--
``(A) be developmentally, linguistically, and
culturally appropriate for the population served;
``(B) be reviewed periodically, based on advances in
the science of early childhood development;
``(C) be consistent with relevant, nationally
recognized professional and technical standards related
to the assessment of young children;
``(D) be valid and reliable in the language in which
they are administered;
``(E) be administered by staff with appropriate
training for such administration;
``(F) provide for appropriate accommodations for
children with disabilities and children who are limited
English proficient;
``(G) be high-quality research-based measures that
have been demonstrated to assist with the purposes for
which they were devised; and
``(H) be adaptable, as appropriate, for use in the
self-assessment of Head Start agencies, including in the
evaluation of administrative and financial management
practices.
``(3) Use of measures; limitations on use.--
``(A) Use.--The measures shall be designed, as
appropriate, for the purpose of--
``(i) helping to develop the skills,
knowledge, abilities, and development described in
subsection (a)(1)(B) of children participating in
Head Start programs, with an emphasis on measuring
skills that scientifically valid research has
demonstrated are related to children's school
readiness and later success in school;
``(ii) improving classroom practices,
including reviewing children's strengths and
weaknesses and individualizing instruction to
better meet the needs of the children involved;
``(iii) identifying the special needs of
children; and
``(iv) improving overall program performance
in order to help programs identify problem areas
that may require additional training and technical
assistance resources.
``(B) Limitations.--Such measures shall not be used
to exclude children from Head Start programs.
``(4) Confidentiality.--
``(A) In general.--
The <<NOTE: Regulations.>> Secretary, through
regulation, shall ensure the confidentiality of any
personally identifiable data, information, and records
collected or maintained under this subchapter by the
Secretary and any Head Start agency. Such regulations
shall provide the policies, protections, and rights
equivalent to those provided to a parent, student, or
educational agency or institution under section 444 of
the General Education Provisions Act (20 U.S.C. 1232g).
``(B) Prohibition on nationwide database.--Nothing
in this subsection shall be construed to authorize the
development of a nationwide database of personally
identifiable data, information, or records on children
resulting from the use of measures under this
subsection.
[[Page 121 STAT. 1389]]
``(5) Special rule.--
``(A) Prohibition.--The use of assessment items and
data on any assessment authorized under this subchapter
by any agent of the Federal Government is prohibited for
the purposes of--
``(i) ranking, comparing, or otherwise
evaluating individual children for purposes other
than research, training, or technical assistance;
and
``(ii) providing rewards or sanctions for
individual children or teachers.
``(B) Results.--The Secretary shall not use the
results of a single assessment as the sole method for
assessing program effectiveness or making agency funding
determinations at the national, regional, or local level
under this subchapter.
``(c) <<NOTE: Reviews.>> Monitoring of Local Agencies and
Programs.--
``(1) In general.--To determine whether Head Start agencies
meet standards described in subsection (a)(1) established under
this subchapter with respect to program, administrative,
financial management, and other requirements, and in order to
help the programs identify areas for improvement and areas of
strength as part of their ongoing self-assessment process, the
Secretary shall conduct the following reviews of Head Start
agencies, including the Head Start programs operated by such
agencies:
``(A) A full review, including the use of a risk-
based assessment approach, of each such agency at least
once during each 3-year period.
``(B) A review of each newly designated Head Start
agency immediately after the completion of the first
year such agency carries out a Head Start program.
``(C) Followup reviews, including--
``(i) <<NOTE: Deadline.>> return visits to
Head Start agencies with 1 or more findings of
deficiencies, not later than 6 months after the
Secretary provides notification of such findings,
or not later than 12 months after such
notification if the Secretary determines that
additional time is necessary for an agency to
address such a deficiency prior to the review; and
``(ii) a review of Head Start agencies with
significant areas of noncompliance.
``(D) Other reviews, including unannounced site
inspections of Head Start centers, as appropriate.
``(2) Conduct of reviews.--The Secretary shall ensure that
reviews described in subparagraphs (A) through (C) of paragraph
(1)--
``(A) are conducted by review teams that--
``(i) include individuals who are
knowledgeable about Head Start programs and, to
the maximum extent practicable, individuals who
are knowledgeable about--
``(I) other early childhood
education and development programs,
personnel management, financial
accountability, and systems development
and monitoring; and
``(II) the diverse (including
linguistic and cultural) needs of
eligible children (including children
[[Page 121 STAT. 1390]]
with disabilities, homeless children,
children in foster care, and limited
English proficient children) and their
families;
``(ii) include, to the maximum extent
practicable, current or former employees of the
Department of Health and Human Services who are
knowledgeable about Head Start programs; and
``(iii) shall receive periodic training to
ensure quality and consistency across reviews;
``(B) include as part of the reviews, a review and
assessment of program strengths and areas in need of
improvement;
``(C) include as part of the reviews, a review and
assessment of whether programs have adequately addressed
population and community needs (including those of
limited English proficient children and children of
migrant or seasonal farmworker families);
``(D) include as part of the reviews, an assessment
of the extent to which the programs address the
communitywide strategic planning and needs assessment
described in section 640(g)(1)(C);
``(E) include information on the innovative and
effective efforts of the Head Start agencies to
collaborate with the entities providing early childhood
and development services or programs in the community
and any barriers to such collaboration that the agencies
encounter;
``(F) include as part of the reviews, a valid and
reliable research-based observational instrument,
implemented by qualified individuals with demonstrated
reliability, that assesses classroom quality, including
assessing multiple dimensions of teacher-child
interactions that are linked to positive child
development and later achievement;
``(G) are conducted in a manner that evaluates
program performance, quality, and overall operations
with consistency and objectivity, are based on a
transparent and reliable system of review, and are
conducted in a manner that includes periodic interrater
reliability checks, to ensure quality and consistency,
across and within regions, of the reviews and of
noncompliance and deficiency determinations;
``(H) in the case of reviews of Early Head Start
agencies and programs, are conducted by a review team
that includes individuals who are knowledgeable about
the development of infants and toddlers;
``(I) include as part of the reviews a protocol for
fiscal management that shall be used to assess
compliance with program requirements for--
``(i) using Federal funds appropriately;
``(ii) using Federal funds specifically to
purchase property (consistent with section 644(f))
and to compensate personnel;
``(iii) securing and using qualified financial
officer support; and
``(iv) reporting financial information and
implementing appropriate internal controls to
safeguard Federal funds;
[[Page 121 STAT. 1391]]
``(J) include as part of the reviews of the
programs, a review and assessment of whether the
programs are in conformity with the eligibility
requirements under section 645(a)(1), including
regulations promulgated under such section and whether
the programs have met the requirements for the outreach
and enrollment policies and procedures, and selection
criteria, in such section, for the participation of
children in programs assisted under this subchapter;
``(K) include as part of the reviews, a review and
assessment of whether agencies have adequately addressed
the needs of children with disabilities, including
whether the agencies involved have met the 10 percent
minimum enrollment requirement specified in section
640(d) and whether the agencies have made sufficient
efforts to collaborate with State and local agencies
providing services under section 619 or part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1419, 1431 et seq.); and
``(L) include as part of the reviews, a review and
assessment of child outcomes and performance as they
relate to agency-determined school readiness goals
described in subsection (g)(2), consistent with
subsection (b)(5).
``(3) Standards relating to obligations to delegate
agencies.--In conducting a review described in paragraph (1)(A)
of a Head Start agency, the Secretary shall determine whether
the agency complies with the obligations described in subsection
(a)(3). The Secretary shall consider such compliance in
determining whether to renew financial assistance to the Head
Start agency under this subchapter.
``(4) Use of review findings.--The findings of a review
described in paragraph (1) of a Head Start agency shall, at a
minimum--
``(A) be presented to the agency in a timely,
transparent, and uniform manner that conveys information
of program strengths and weaknesses and assists with
program improvement; and
``(B) be used by the agency to inform the
development and implementation of its plan for training
and technical assistance.
``(d) Evaluations and Corrective Action for Delegate Agencies.--
``(1) Procedures.--Each Head Start agency shall establish,
subject to paragraph (4), procedures relating to its delegate
agencies, including--
``(A) procedures for evaluating delegate agencies;
``(B) procedures for defunding delegate agencies;
and
``(C) procedures for a delegate agency to appeal a
defunding decision.
``(2) Evaluation.--Each Head Start agency--
``(A) shall evaluate its delegate agencies using the
procedures established under this subsection; and
``(B) shall inform the delegate agencies of the
deficiencies identified through the evaluation that are
required to be corrected.
``(3) Remedies to ensure corrective actions.--In the event
that the Head Start agency identifies a deficiency for
[[Page 121 STAT. 1392]]
a delegate agency through the evaluation, the Head Start agency
shall take action, which may include--
``(A) initiating procedures to terminate the
designation of the agency unless the agency corrects the
deficiency;
``(B) conducting monthly monitoring visits to such
delegate agency until all deficiencies are corrected or
the Head Start agency decides to defund such delegate
agency; and
``(C) releasing funds to such delegate agency--
``(i) only as reimbursements except that, upon
receiving a request from the delegate agency
accompanied by assurances satisfactory to the Head
Start agency that the funds will be appropriately
safeguarded, the Head Start agency shall provide
to the delegate agency a working capital advance
in an amount sufficient to cover the estimated
expenses involved during an agreed upon disbursing
cycle; and
``(ii) only if there is continuity of
services.
``(4) Termination.--The Head Start agency may not terminate
a delegate agency's contract or reduce a delegate agency's
service area without showing cause or demonstrating the cost-
effectiveness of such a decision.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to limit the powers, duties, or functions of
the Secretary with respect to Head Start agencies or delegate
agencies that receive financial assistance under this
subchapter.
``(e) Corrective Action for Head Start Agencies.--
``(1) Determination.--If the Secretary determines, on the
basis of a review pursuant to subsection (c), that a Head Start
agency designated pursuant to this subchapter fails to meet the
standards described in subsection (a)(1) or fails to address the
communitywide strategic planning and needs assessment, the
Secretary shall--
``(A) inform the agency of the deficiencies that
shall be corrected and identify the assistance to be
provided consistent with paragraph (3);
``(B) with respect to each identified deficiency,
require the agency--
``(i) to correct the deficiency immediately,
if the Secretary finds that the deficiency
threatens the health or safety of staff or program
participants or poses a threat to the integrity of
Federal funds;
``(ii) <<NOTE: Deadline.>> to correct the
deficiency not later than 90 days after the
identification of the deficiency if the Secretary
finds, in the discretion of the Secretary, that
such a 90-day period is reasonable, in light of
the nature and magnitude of the deficiency; or
``(iii) in the discretion of the Secretary
(taking into consideration the seriousness of the
deficiency and the time reasonably required to
correct the deficiency), to comply with the
requirements of paragraph (2) concerning a quality
improvement plan; and
``(C) initiate proceedings to terminate the
designation of the agency unless the agency corrects the
deficiency.
``(2) Quality improvement plan.--
``(A) Agency and program responsibilities.--To
retain a designation as a Head Start agency under this
subchapter, or in the case of a Head Start program to
[[Page 121 STAT. 1393]]
continue to receive funds from such agency, a Head Start
agency that is the subject of a determination described
in paragraph (1), or a Head Start program that is
determined to have a deficiency under subsection (d)(2)
(excluding an agency required to correct a deficiency
immediately or during a 90-day period under clause (i)
or (ii) of paragraph (1)(B)) shall--
``(i) develop in a timely manner, a quality
improvement plan that shall be subject to the
approval of the Secretary, or in the case of a
program, the sponsoring agency, and that shall
specify--
``(I) the deficiencies to be
corrected;
``(II) the actions to be taken to
correct such deficiencies; and
``(III) the timetable for
accomplishment of the corrective actions
specified; and
``(ii) <<NOTE: Deadline.>> correct each
deficiency identified, not later than the date for
correction of such deficiency specified in such
plan (which shall not be later than 1 year after
the date the agency or Head Start program that is
determined to have a deficiency received notice of
the determination and of the specific deficiency
to be corrected).
``(B) Secretarial responsibility.--
Not <<NOTE: Deadline.>> later than 30 days after
receiving from a Head Start agency a proposed quality
improvement plan pursuant to subparagraph (A), the
Secretary shall either approve such proposed plan or
specify the reasons why the proposed plan cannot be
approved.
``(C) Agency responsibility.--
Not <<NOTE: Deadline.>> later than 30 days after
receiving from a Head Start program a proposed quality
improvement plan pursuant to subparagraph (A), the Head
Start agency involved shall either approve such proposed
plan or specify the reasons why the proposed plan cannot
be approved.
``(3) Training and technical assistance.--The Secretary
shall provide training and technical assistance to Head Start
agencies and programs with respect to the development or
implementation of such quality improvement plans to the extent
the Secretary finds such provision to be feasible and
appropriate given available funding and other statutory
responsibilities.
``(f) Summaries of Monitoring Outcomes.--
``(1) In general.--
Not <<NOTE: Deadline. Publication. Reports.>> later than 120
days after the end of each fiscal year, the Secretary shall
publish a summary report on the findings of reviews conducted
under subsection (c) and on the outcomes of quality improvement
plans implemented under subsection (e), during such fiscal year.
``(2) Report availability.--Such report shall be made widely
available to--
``(A) parents with children receiving assistance
under this subchapter--
``(i) in an understandable and uniform format;
and
``(ii) to the extent practicable, in a
language that the parents understand; and
``(B) the public through means such as--
``(i) distribution through public agencies;
and
``(ii) posting such information on the
Internet.
[[Page 121 STAT. 1394]]
``(3) Report information.--Such report shall contain
detailed data--
``(A) on compliance with specific standards and
measures; and
``(B) sufficient to allow Head Start agencies to use
such data to improve the quality of their programs.
``(g) Self-Assessments.--
``(1) In general.--Not less frequently than once each
program year, with the consultation and participation of policy
councils and, as applicable, policy committees and, as
appropriate, other community members, each Head Start agency,
and each delegate agency, that receives financial assistance
under this subchapter shall conduct a comprehensive self-
assessment of its effectiveness and progress in meeting program
goals and objectives and in implementing and complying with
standards described in subsection (a)(1).
``(2) Goals, reports, and improvement plans.--
``(A) Goals.--An agency conducting a self-assessment
shall establish agency-determined program goals for
improving the school readiness of children participating
in a program under this subchapter, including school
readiness goals that are aligned with the Head Start
Child Outcomes Framework, State early learning standards
as appropriate, and requirements and expectations of the
schools the children will be attending.
``(B) Improvement plan.--The agency shall develop,
and submit to the Secretary a report containing, an
improvement plan approved by the governing body of the
agency to strengthen any areas identified in the self-
assessment as weaknesses or in need of improvement.
``(3) <<NOTE: Procedures.>> Ongoing monitoring.--Each Head
Start agency (including each Early Head Start agency) and each
delegate agency shall establish and implement procedures for the
ongoing monitoring of their respective programs, to ensure that
the operations of the programs work toward meeting program goals
and objectives and standards described in subsection (a)(1).
``(h) Reduction of Grants and Redistribution of Funds in Cases of
Underenrollment.--
``(1) Definitions.--In this subsection:
``(A) Actual enrollment.--The term `actual
enrollment' means, with respect to the program of a Head
Start agency, the actual number of children enrolled in
such program and reported by the agency (as required in
paragraph (2)) in a given month.
``(B) Base grant.--The term `base grant' has the
meaning given the term in section 640(a)(7).
``(C) Funded enrollment.--The term `funded
enrollment' means, with respect to the program of a Head
Start agency in a fiscal year, the number of children
that the agency is funded to serve through a grant for
the program during such fiscal year, as indicated in the
grant agreement.
``(2) Enrollment reporting requirement.--Each entity
carrying out a Head Start program shall report on a monthly
basis to the Secretary and the relevant Head Start agency--
``(A) the actual enrollment in such program; and
[[Page 121 STAT. 1395]]
``(B) if such actual enrollment is less than the
funded enrollment, any apparent reason for such
enrollment shortfall.
``(3) Secretarial review and plan.--The Secretary shall--
``(A) on a semiannual basis, determine which Head
Start agencies are operating with an actual enrollment
that is less than the funded enrollment based on not
less than 4 consecutive months of data;
``(B) for each such Head Start agency operating a
program with an actual enrollment that is less than its
funded enrollment, as determined under subparagraph (A),
develop, in collaboration with such agency, a plan and
timetable for reducing or eliminating underenrollment
taking into consideration--
``(i) the quality and extent of the outreach,
recruitment, and communitywide strategic planning
and needs assessment conducted by such agency;
``(ii) changing demographics, mobility of
populations, and the identification of new
underserved low-income populations;
``(iii) facilities-related issues that may
impact enrollment;
``(iv) the ability to provide full-working-day
programs, where needed, through funds made
available under this subchapter or through
collaboration with entities carrying out other
early childhood education and development
programs, or programs with other funding sources
(where available);
``(v) the availability and use by families of
other early childhood education and development
options in the community served; and
``(vi) agency management procedures that may
impact enrollment; and
``(C) provide timely and ongoing technical
assistance to each agency described in subparagraph (B)
for the purpose of assisting the Head Start agency to
implement the plan described in such subparagraph.
``(4) Implementation.--Upon receipt of the technical
assistance described in paragraph (3)(C), a Head Start agency
shall immediately implement the plan described in paragraph
(3)(B). The Secretary shall, where determined appropriate,
continue to provide technical assistance to such agency.
``(5) Secretarial review and adjustment for chronic
underenrollment.--
``(A) In general.--If, after receiving technical
assistance and developing and implementing the plan as
described in paragraphs (3) and (4) for 12 months, a
Head Start agency is operating a program with an actual
enrollment that is less than 97 percent of its funded
enrollment, the Secretary may--
``(i) designate such agency as chronically
underenrolled; and
``(ii) recapture, withhold, or reduce the base
grant for the program by a percentage equal to the
percentage difference between funded enrollment
and actual enrollment for the program for the most
recent year
[[Page 121 STAT. 1396]]
for which the agency is determined to be
underenrolled under paragraph (3)(A).
``(B) Waiver or limitation of reductions.--The
Secretary may, as appropriate, waive or reduce the
percentage recapturing, withholding, or reduction
otherwise required by subparagraph (A), if, after the
implementation of the plan described in paragraph
(3)(B), the Secretary finds that--
``(i) the causes of the enrollment shortfall,
or a portion of the shortfall, are related to the
agency's serving significant numbers of highly
mobile children, or are other significant causes
as determined by the Secretary;
``(ii) the shortfall can reasonably be
expected to be temporary; or
``(iii) the number of slots allotted to the
agency is small enough that underenrollment does
not create a significant shortfall.
``(6) Redistribution of funds.--
``(A) In general.--Funds held by the Secretary as a
result of recapturing, withholding, or reducing a base
grant in a fiscal year shall be redistributed by the end
of the following fiscal year as follows:
``(i) Indian head start programs.--If such
funds are derived from an Indian Head Start
program, then such funds shall be redistributed to
increase enrollment by the end of the following
fiscal year in 1 or more Indian Head Start
programs.
``(ii) Migrant and seasonal head start
programs.--If such funds are derived from a
migrant or seasonal Head Start program, then such
funds shall be redistributed to increase
enrollment by the end of the following fiscal year
in 1 or more programs of the type from which such
funds are derived.
``(iii) Early head start programs.--If such
funds are derived from an Early Head Start program
in a State, then such funds shall be redistributed
to increase enrollment by the end of the following
fiscal year in 1 or more Early Head Start programs
in that State. If such funds are derived from an
Indian Early Head Start program, then such funds
shall be redistributed to increase enrollment by
the end of the following fiscal year in 1 or more
Indian Early Head Start programs.
``(iv) Other head start programs.--If such
funds are derived from a Head Start program in a
State (excluding programs described in clauses (i)
through (iii)), then such funds shall be
redistributed to increase enrollment by the end of
the following fiscal year in 1 or more Head Start
programs (excluding programs described in clauses
(i) through (iii)) that are carried out in such
State.
``(B) Adjustment to funded enrollment.--The
Secretary shall adjust as necessary the requirements
relating to funded enrollment indicated in the grant
agreement of a Head Start agency receiving redistributed
funds under this paragraph.''.
[[Page 121 STAT. 1397]]
SEC. 9. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is amended to
read as follows:
``SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
``(a) Authority.--To be designated as a Head Start agency under this
subchapter, an agency shall have authority under its charter or
applicable law to receive and administer funds under this subchapter,
funds and contributions from private or local public sources that may be
used in support of a Head Start program, and funds under any Federal or
State assistance program pursuant to which a public or private nonprofit
or for-profit agency (as the case may be) organized in accordance with
this subchapter, could act as grantee, contractor, or sponsor of
projects appropriate for inclusion in a Head Start program. Such an
agency shall also be empowered to transfer funds so received, and to
delegate powers to other agencies, subject to the powers of its
governing board and its overall program responsibilities. The power to
transfer funds and delegate powers shall include the power to make
transfers and delegations covering component projects in all cases where
this will contribute to efficiency and effectiveness or otherwise
further program objectives.
``(b) Family and Community Involvement; Family Services.--To be so
designated, a Head Start agency shall, at a minimum, do all the
following to involve and serve families and communities:
``(1) Provide for the regular and direct participation of
parents and community residents in the implementation of the
Head Start program, including decisions that influence the
character of such program, consistent with paragraphs (2)(D) and
(3)(C) of subsection (c).
``(2) Seek the involvement of parents, community residents,
and local business in the design and implementation of the
program.
``(3) <<NOTE: Procedures.>> Establish effective procedures--
``(A) to facilitate and seek the involvement of
parents of participating children in activities designed
to help such parents become full partners in the
education of their children; and
``(B) to afford such parents the opportunity to
participate in the development and overall conduct of
the program at the local level, including transportation
assistance as appropriate.
``(4) Offer (directly or through referral to local entities,
such as entities carrying out Even Start programs under subpart
3 of part B of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6381 et seq.), public and school
libraries, and entities carrying out family support programs) to
such parents--
``(A) family literacy services; and
``(B) parenting skills training.
``(5) Offer to parents of participating children substance
abuse counseling (either directly or through referral to local
entities), if needed, including information on the effect of
drug exposure on infants and fetal alcohol syndrome.
``(6) At the option of such agency, offer (directly or
through referral to local entities) to such parents--
[[Page 121 STAT. 1398]]
``(A) training in basic child development (including
cognitive, social, and emotional development);
``(B) assistance in developing literacy and
communication skills;
``(C) opportunities to share experiences with other
parents (including parent-mentor relationships);
``(D) health services, including information on
maternal depression;
``(E) regular in-home visitation; or
``(F) any other activity designed to help such
parents become full partners in the education of their
children.
``(7) Provide, with respect to each participating family, a
family needs assessment that includes consultation with such
parents (including foster parents, grandparents, and kinship
caregivers, where applicable), in a manner and language that
such parents can understand (to the extent practicable), about
the benefits of parent involvement and about the activities
described in this subsection in which such parents may choose to
be involved (taking into consideration their specific family
needs, work schedules, and other responsibilities).
``(8) Consider providing services to assist younger siblings
of children participating in its Head Start program to obtain
health services from other sources.
``(9) Perform community outreach to encourage individuals
previously unaffiliated with Head Start programs to participate
in its Head Start program as volunteers.
``(10)(A) Inform custodial parents in single-parent families
that participate in programs, activities, or services carried
out or provided under this subchapter about the availability of
child support services for purposes of establishing paternity
and acquiring child support.
``(B) Refer eligible parents to the child support offices of
State and local governments.
``(11) Provide to parents of limited English proficient
children outreach and information, in an understandable and
uniform format and, to the extent practicable, in a language
that the parents can understand.
``(12) Provide technical and other support needed to enable
parents and community residents to secure, on their own behalf,
available assistance from public and private sources.
``(13) Promote the continued involvement of the parents
(including foster parents, grandparents, and kinship caregivers,
as appropriate) of children that participate in Head Start
programs in the education of their children upon transition of
their children to school, by working with the local educational
agency--
``(A) to provide training to the parents--
``(i) to inform the parents about their rights
and responsibilities concerning the education of
their children; and
``(ii) to enable the parents--
``(I) to understand and work with
schools in order to communicate with
teachers and other school personnel;
``(II) to support the schoolwork of
their children; and
[[Page 121 STAT. 1399]]
``(III) to participate as
appropriate in decisions relating to the
education of their children; and
``(B) to take other actions, as appropriate and
feasible, to support the active involvement of the
parents with schools, school personnel, and school-
related organizations.
``(14) <<NOTE: Procedures.>> Establish effective procedures
for timely referral of children with disabilities to the State
or local agency providing services under section 619 or part C
of the Individuals with Disabilities Education Act (20 U.S.C.
1419, 1431 et seq.), and collaboration with that agency,
consistent with section 640(d)(3).
``(15) <<NOTE: Procedures.>> Establish effective procedures
for providing necessary early intervening services to children
with disabilities prior to an eligibility determination by the
State or local agency responsible for providing services under
section 619 or part C of such Act, consistent with section
640(d)(2).
``(16) At the option of the Head Start agency, partner with
an institution of higher education and a nonprofit organization
to provide college students with the opportunity to serve as
mentors or reading partners for Head Start participants.
``(c) Program Governance.--Upon receiving designation as a Head
Start agency, the agency shall establish and maintain a formal structure
for program governance, for the oversight of quality services for Head
Start children and families and for making decisions related to program
design and implementation. Such structure shall include the following:
``(1) Governing body.--
``(A) In general.--The governing body shall have
legal and fiscal responsibility for the Head Start
agency.
``(B) Composition.--The governing body shall be
composed as follows:
``(i) Not less than 1 member shall have a
background and expertise in fiscal management or
accounting.
``(ii) Not less than 1 member shall have a
background and expertise in early childhood
education and development.
``(iii) Not less than 1 member shall be a
licensed attorney familiar with issues that come
before the governing body.
``(iv) Additional members shall--
``(I) reflect the community to be
served and include parents of children
who are currently, or were formerly,
enrolled in Head Start programs; and
``(II) are selected for their
expertise in education, business
administration, or community affairs.
``(v) Exceptions shall be made to the
requirements of clauses (i) through (iv) for
members of a governing body when those members
oversee a public entity and are selected to their
positions with the public entity by public
election or political appointment.
``(vi) If a person described in clause (i),
(ii), or (iii) is not available to serve as a
member of the governing body, the governing body
shall use a consultant,
[[Page 121 STAT. 1400]]
or an other individual with relevant expertise,
with the qualifications described in that clause,
who shall work directly with the governing body.
``(C) Conflict of interest.--Members of the
governing body shall--
``(i) not have a financial conflict of
interest with the Head Start agency (including any
delegate agency);
``(ii) not receive compensation for serving on
the governing body or for providing services to
the Head Start agency;
``(iii) not be employed, nor shall members of
their immediate family be employed, by the Head
Start agency (including any delegate agency); and
``(iv) operate as an entity independent of
staff employed by the Head Start agency.
``(D) Exception.--If an individual holds a position
as a result of public election or political appointment,
and such position carries with it a concurrent
appointment to serve as a member of a Head Start agency
governing body, and such individual has any conflict of
interest described in clause (ii) or (iii) of
subparagraph (C)--
``(i) such individual shall not be prohibited
from serving on such body and the Head Start
agency shall report such conflict to the
Secretary; and
``(ii) if the position held as a result of
public election or political appointment provides
compensation, such individual shall not be
prohibited from receiving such compensation.
``(E) Responsibilities.--The governing body shall--
``(i) have legal and fiscal responsibility for
administering and overseeing programs under this
subchapter, including the safeguarding of Federal
funds;
``(ii) adopt practices that assure active,
independent, and informed governance of the Head
Start agency, including practices consistent with
subsection (d)(1), and fully participate in the
development, planning, and evaluation of the Head
Start programs involved;
``(iii) be responsible for ensuring compliance
with Federal laws (including regulations) and
applicable State, tribal, and local laws
(including regulations); and
``(iv) be responsible for other activities,
including--
``(I) selecting delegate agencies
and the service areas for such agencies;
``(II) establishing procedures and
criteria for recruitment, selection, and
enrollment of children;
``(III) reviewing all applications
for funding and amendments to
applications for funding for programs
under this subchapter;
``(IV) establishing procedures and
guidelines for accessing and collecting
information described in subsection
(d)(2);
``(V) reviewing and approving all
major policies of the agency,
including--
``(aa) the annual self-
assessment and financial audit;
[[Page 121 STAT. 1401]]
``(bb) such agency's
progress in carrying out the
programmatic and fiscal
provisions in such agency's
grant application, including
implementation of corrective
actions; and
``(cc) personnel policies of
such agencies regarding the
hiring, evaluation, termination,
and compensation of agency
employees;
``(VI) developing procedures for how
members of the policy council are
selected, consistent with paragraph
(2)(B);
``(VII) approving financial
management, accounting, and reporting
policies, and compliance with laws and
regulations related to financial
statements, including the--
``(aa) approval of all major
financial expenditures of the
agency;
``(bb) annual approval of
the operating budget of the
agency;
``(cc) selection (except
when a financial auditor is
assigned by the State under
State law or is assigned under
local law) of independent
financial auditors who shall
report all critical accounting
policies and practices to the
governing body; and
``(dd) monitoring of the
agency's actions to correct any
audit findings and of other
action necessary to comply with
applicable laws (including
regulations) governing financial
statement and accounting
practices;
``(VIII) reviewing results from
monitoring conducted under section
641A(c), including appropriate followup
activities;
``(IX) approving personnel policies
and procedures, including policies and
procedures regarding the hiring,
evaluation, compensation, and
termination of the Executive Director,
Head Start Director, Director of Human
Resources, Chief Fiscal Officer, and any
other person in an equivalent position
with the agency;
``(X) establishing, adopting, and
periodically updating written standards
of conduct that establish standards and
formal procedures for disclosing,
addressing, and resolving--
``(aa) any conflict of
interest, and any appearance of
a conflict of interest, by
members of the governing body,
officers and employees of the
Head Start agency, and
consultants and agents who
provide services or furnish
goods to the Head Start agency;
and
``(bb) complaints, including
investigations, when
appropriate; and
``(XI) to the extent practicable and
appropriate, at the discretion of the
governing body, establishing advisory
committees to oversee key
responsibilities related to program
governance and improvement of the Head
Start program involved.
[[Page 121 STAT. 1402]]
``(2) Policy council.--
``(A) In general.--Consistent with paragraph (1)(E),
each Head Start agency shall have a policy council
responsible for the direction of the Head Start program,
including program design and operation, and long- and
short-term planning goals and objectives, taking into
account the annual communitywide strategic planning and
needs assessment and self-assessment.
``(B) Composition and selection.--
``(i) The policy council shall be elected by
the parents of children who are currently enrolled
in the Head Start program of the Head Start
agency.
``(ii) The policy council shall be composed
of--
``(I) parents of children who are
currently enrolled in the Head Start
program of the Head Start agency
(including any delegate agency), who
shall constitute a majority of the
members of the policy council; and
``(II) members at large of the
community served by the Head Start
agency (including any delegate agency),
who may include parents of children who
were formerly enrolled in the Head Start
program of the agency.
``(C) Conflict of interest.--Members of the policy
council shall--
``(i) not have a conflict of interest with the
Head Start agency (including any delegate agency);
and
``(ii) not receive compensation for serving on
the policy council or for providing services to
the Head Start agency.
``(D) Responsibilities.--The policy council shall
approve and submit to the governing body decisions about
each of the following activities:
``(i) Activities to support the active
involvement of parents in supporting program
operations, including policies to ensure that the
Head Start agency is responsive to community and
parent needs.
``(ii) Program recruitment, selection, and
enrollment priorities.
``(iii) Applications for funding and
amendments to applications for funding for
programs under this subchapter, prior to
submission of applications described in this
clause.
``(iv) Budget planning for program
expenditures, including policies for reimbursement
and participation in policy council activities.
``(v) Bylaws for the operation of the policy
council.
``(vi) Program personnel policies and
decisions regarding the employment of program
staff, consistent with paragraph (1)(E)(iv)(IX),
including standards of conduct for program staff,
contractors, and volunteers and criteria for the
employment and dismissal of program staff.
``(vii) Developing procedures for how members
of the policy council of the Head Start agency
will be elected.
[[Page 121 STAT. 1403]]
``(viii) Recommendations on the selection of
delegate agencies and the service areas for such
agencies.
``(3) Policy committees.--Each delegate agency shall create
a policy committee, which shall--
``(A) be elected and composed of members, consistent
with paragraph (2)(B) (with respect to delegate
agencies);
``(B) follow procedures to prohibit conflict of
interest, consistent with clauses (i) and (ii) of
paragraph (2)(C) (with respect to delegate agencies);
and
``(C) be responsible for approval and submission of
decisions about activities as they relate to the
delegate agency, consistent with paragraph (2)(D) (with
respect to delegate agencies).
``(d) Program Governance Administration.--
``(1) Impasse policies.--The <<NOTE: Procedures.>> Secretary
shall develop policies, procedures, and guidance for Head Start
agencies concerning--
``(A) the resolution of internal disputes, including
any impasse in the governance of Head Start programs;
and
``(B) the facilitation of meaningful consultation
and collaboration about decisions of the governing body
and policy council.
``(2) Conduct of responsibilities.--
Each <<NOTE: Reports.>> Head Start agency shall ensure the
sharing of accurate and regular information for use by the
governing body and the policy council, about program planning,
policies, and Head Start agency operations, including--
``(A) monthly financial statements, including credit
card expenditures;
``(B) monthly program information summaries;
``(C) program enrollment reports, including
attendance reports for children whose care is partially
subsidized by another public agency;
``(D) monthly reports of meals and snacks provided
through programs of the Department of Agriculture;
``(E) the financial audit;
``(F) the annual self-assessment, including any
findings related to such assessment;
``(G) the communitywide strategic planning and needs
assessment of the Head Start agency, including any
applicable updates;
``(H) communication and guidance from the Secretary;
and
``(I) the program information reports.
``(3) Training and technical assistance.--Appropriate
training and technical assistance shall be provided to the
members of the governing body and the policy council to ensure
that the members understand the information the members receive
and can effectively oversee and participate in the programs of
the Head Start agency.
``(e) Collaboration and Coordination.--To be so designated, a Head
Start agency shall collaborate and coordinate with public and private
entities, to the maximum extent practicable, to improve the availability
and quality of services to Head Start children and families, including
carrying out the following activities:
``(1) Conduct outreach to schools in which children
participating in the Head Start program will enroll following
the
[[Page 121 STAT. 1404]]
program, local educational agencies, the local business
community, community-based organizations, faith-based
organizations, museums, and libraries to generate support and
leverage the resources of the entire local community in order to
improve school readiness.
``(2)(A) In communities where both a public prekindergarten
program and a Head Start program operate, collaborate and
coordinate activities with the local educational agency or other
public agency responsible for the operation of the
prekindergarten program and providers of prekindergarten,
including outreach activities to identify eligible children.
``(B) With the permission of the parents of children
enrolled in the Head Start program, regularly communicate with
the schools in which the children will enroll following the
program, to--
``(i) share information about such children;
``(ii) collaborate with the teachers in such schools
regarding professional development and instructional
strategies, as appropriate; and
``(iii) ensure a smooth transition to school for
such children.
``(3) Coordinate activities and collaborate with programs
under the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), the agencies responsible for administering
section 106 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a) and parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.), programs
under subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.), Even Start programs
under subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),
programs under section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and
other entities providing early childhood education and
development programs or services, serving the children and
families served by the Head Start agency.
``(4) Take steps to coordinate activities with the local
educational agency serving the community involved and with
schools in which children participating in the Head Start
program will enroll following the program, including--
``(A) collaborating on the shared use of
transportation and facilities, in appropriate cases;
``(B) collaborating to reduce the duplication and
enhance the efficiency of services while increasing the
program participation of underserved populations of
eligible children; and
``(C) exchanging information on the provision of
noneducational services to such children.
``(5) <<NOTE: Memorandum. Deadline.>> Enter into a
memorandum of understanding, not later than 1 year after the
date of enactment of the Improving Head Start for School
Readiness Act of 2007, with the appropriate local entity
responsible for managing publicly funded preschool programs in
the service area of the Head Start agency, that shall--
``(A)(i) provide for a review of each of the
activities described in clause (ii); and
[[Page 121 STAT. 1405]]
``(ii) include plans to coordinate, as appropriate,
activities regarding--
``(I) educational activities, curricular
objectives, and instruction;
``(II) public information dissemination and
access to programs for families contacting the
Head Start program or any of the preschool
programs;
``(III) selection priorities for eligible
children to be served by programs;
``(IV) service areas;
``(V) staff training, including opportunities
for joint staff training on topics such as
academic content standards, instructional methods,
curricula, and social and emotional development;
``(VI) program technical assistance;
``(VII) provision of additional services to
meet the needs of working parents, as applicable;
``(VIII) communications and parent outreach
for smooth transitions to kindergarten as required
in paragraphs (3) and (6) of section 642A(a);
``(IX) provision and use of facilities,
transportation, and other program elements; and
``(X) other elements mutually agreed to by the
parties to such memorandum;
``(B) <<NOTE: Deadline.>> be submitted to the
Secretary and the State Director of Head Start
Collaboration not later than 30 days after the parties
enter into such memorandum, except that--
``(i) where there is an absence of publicly
funded preschool programs in the service area of a
Head Start agency, this paragraph shall not apply;
or
``(ii) where the appropriate local entity
responsible for managing the publicly funded
preschool programs is unable or unwilling to enter
into such a memorandum, this paragraph shall not
apply and the Head Start agency shall inform the
Secretary and the State Director of Head Start
Collaboration of such inability or unwillingness;
and
``(C) be revised periodically and renewed biennially
by the parties to such memorandum, in alignment with the
beginning of the school year.
``(f) Quality Standards, Curricula, and Assessment.--To be so
designated, each Head Start agency shall--
``(1) take steps to ensure, to the maximum extent
practicable, that children maintain the developmental and
educational gains achieved in Head Start programs and build upon
such gains in further schooling;
``(2) establish a program with the standards set forth in
section 641A(a)(1), with particular attention to the standards
set forth in subparagraphs (A) and (B) of such section;
``(3) implement a research-based early childhood curriculum
that--
``(A) promotes young children's school readiness in
the areas of language and cognitive development, early
reading and mathematics skills, socio-emotional
development, physical development, and approaches to
learning;
[[Page 121 STAT. 1406]]
``(B) is based on scientifically valid research and
has standardized training procedures and curriculum
materials to support implementation;
``(C) is comprehensive and linked to ongoing
assessment, with developmental and learning goals and
measurable objectives;
``(D) is focused on improving the learning
environment, teaching practices, family involvement, and
child outcomes across all areas of development; and
``(E) is aligned with the Head Start Child Outcomes
Framework developed by the Secretary and, as
appropriate, State early learning standards;
``(4) implement effective interventions and support services
that help promote the school readiness of children participating
in the program;
``(5) use research-based assessment methods that reflect the
characteristics described in section 641A(b)(2) in order to
support the educational instruction and school readiness of
children in the program;
``(6) use research-based developmental screening tools that
have been demonstrated to be standardized, reliable, valid, and
accurate for the child being assessed, to the maximum extent
practicable, for the purpose of meeting the relevant standards
described in section 641A(a)(1);
``(7) adopt, in consultation with experts in child
development and with classroom teachers, an evaluation to assess
whether classroom teachers have mastered the functions discussed
in section 648A(a)(1);
``(8) use the information provided from the assessment
conducted under section 641A(c)(2)(F) to inform professional
development plans, as appropriate, that lead to improved teacher
effectiveness;
``(9) establish goals and measurable objectives for the
provision of health, educational, nutritional, and social
services provided under this subchapter and related to the
program mission and to promote school readiness; and
``(10) develop procedures for identifying children who are
limited English proficient, and informing the parents of such
children about the instructional services used to help children
make progress towards acquiring the knowledge and skills
described in section 641A(a)(1)(B) and acquisition of the
English language.
``(g) Funded Enrollment; Waiting List.--Each Head Start agency shall
enroll 100 percent of its funded enrollment and maintain an active
waiting list at all times with ongoing outreach to the community and
activities to identify underserved populations.
``(h) Technical Assistance and Training Plan.--In order to receive
funds under this subchapter, a Head Start agency shall develop an annual
technical assistance and training plan. Such plan shall be based on the
agency's self-assessment, the communitywide strategic planning and needs
assessment, the needs of parents and children to be served by such
agency, and the results of the reviews conducted under section 641A(c).
``(i) Financial Management.--In order to receive funds under this
subchapter, a Head Start agency shall document strong fiscal controls,
including the employment of well-qualified fiscal staff with
[[Page 121 STAT. 1407]]
a history of successful management of a public or private
organization.''.
SEC. 10. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended to
read as follows:
``SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12
EDUCATION.
``(a) In General.--Each Head Start agency shall take steps to
coordinate with the local educational agency serving the community
involved and with schools in which children participating in a Head
Start program operated by such agency will enroll following such program
to promote continuity of services and effective transitions, including--
``(1) developing and implementing a systematic procedure for
transferring, with parental consent, Head Start program records
for each participating child to the school in which such child
will enroll;
``(2) establishing ongoing channels of communication between
Head Start staff and their counterparts in the schools
(including teachers, social workers, 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 health staff) to facilitate
coordination of programs;
``(3) establishing ongoing communications between the Head
Start agency and local educational agency for developing
continuity of developmentally appropriate curricular objectives
(which for the purpose of the Head Start program shall be
aligned with the Head Start Child Outcomes Framework and, as
appropriate, State early learning standards) and for shared
expectations for children's learning and development as the
children transition to school;
``(4) organizing and participating in joint training,
including transition-related training for school staff and Head
Start staff;
``(5) establishing comprehensive transition policies and
procedures that support children transitioning to school,
including by engaging the local educational agency in the
establishment of such policies;
``(6) conducting outreach to parents and elementary school
(such as kindergarten) teachers to discuss the educational,
developmental, and other needs of individual children;
``(7) helping parents of limited English proficient children
understand--
``(A) the instructional and other services provided
by the school in which such child will enroll after
participation in Head Start; and
``(B) as appropriate, the information provided to
parents of limited English proficient children under
section 3302 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7012);
``(8) developing and implementing a family outreach and
support program, in cooperation with entities carrying out
parental involvement efforts under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and
family outreach and support efforts under subtitle B of
[[Page 121 STAT. 1408]]
title VII of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431 et seq.), taking into consideration the language
needs of parents of limited English proficient children;
``(9) assisting families, administrators, and teachers in
enhancing educational and developmental continuity and
continuity of parental involvement in activities between Head
Start services and elementary school classes;
``(10) linking the services provided in such Head Start
program with educational services, including services relating
to language, literacy, and numeracy, provided by such local
educational agency;
``(11) helping parents (including grandparents and kinship
caregivers, as appropriate) to understand the importance of
parental involvement in a child's academic success while
teaching them strategies for maintaining parental involvement as
their child moves from Head Start to elementary school;
``(12) helping parents understand the instructional and
other services provided by the school in which their child will
enroll after participation in the Head Start program;
``(13) developing and implementing a system to increase
program participation of underserved populations of eligible
children; and
``(14) coordinating activities and collaborating to ensure
that curricula used in the Head Start program are aligned with--
``(A) the Head Start Child Outcomes Framework, as
developed by the Secretary; and
``(B) State early learning standards, as
appropriate, with regard to cognitive, social,
emotional, and physical competencies that children
entering kindergarten are expected to demonstrate.
``(b) Construction.--In this section, a reference to a Head Start
agency, or its program, services, facility, or personnel, shall not be
construed to be a reference to an Early Head Start agency, or its
program, services, facility, or personnel.
``(c) Dissemination and Technical Assistance.--The Secretary, in
consultation with the Secretary of Education, shall--
``(1) disseminate to Head Start agencies information on
effective policies and activities relating to the transition of
children from Head Start programs to public schools; and
``(2) provide technical assistance to such agencies to
promote and assist such agencies to adopt and implement such
effective policies and activities.''.
SEC. 11. EARLY CHILDHOOD EDUCATION, COORDINATION, AND IMPROVEMENT.
(a) Head Start Collaboration.--The Head Start Act (42 U.S.C. 9831 et
seq.) is amended by inserting after section 642A the following:
``HEAD START COLLABORATION; STATE EARLY EDUCATION AND CARE
``Sec. 642B. <<NOTE: 42 USC 9837b.>> (a)(1) From amounts made
available under section 640(a)(2)(B)(vi), the Secretary shall award the
collaboration grants described in paragraphs (2), (3), and (4).
``(2)(A) <<NOTE: Grants.>> The Secretary shall award, upon
submission of a written request, a collaboration grant to each State and
to each national administrative office serving Indian Head Start
programs and
[[Page 121 STAT. 1409]]
migrant or seasonal Head Start programs to facilitate collaboration
among Head Start agencies (including Early Head Start agencies) and
entities that carry out activities designed to benefit low-income
children from birth to school entry, and their families. The national
administrative offices shall use the funds made available through the
grants to carry out the authorities and responsibilities described in
subparagraph (B) and paragraphs (3) and (4), as appropriate.
``(B) Grants described in subparagraph (A) shall be used to--
``(i) assist Head Start agencies to collaborate with
entities involved in State and local planning processes to
better meet the needs of low-income children from birth to
school entry, and their families;
``(ii) assist Head Start agencies to coordinate activities
with the State agency responsible for administering the State
program carried out under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.) and entities
providing resource and referral services in the State, to make
full-working-day and full calendar year services available to
children;
``(iii) promote alignment of curricula used in Head Start
programs and continuity of services with the Head Start Child
Outcomes Framework and, as appropriate, State early learning
standards;
``(iv) promote better linkages between Head Start agencies
and other child and family agencies, including agencies that
provide health, mental health, or family services, or other
child or family supportive services, such as services provided
under section 619 or part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.); and
``(v) carry out the activities of the State Director of Head
Start Collaboration authorized in paragraph (4).
``(3) In order to improve coordination and delivery of early
childhood education and development to children in the State, a State
that receives a collaboration grant under paragraph (2) shall--
``(A) appoint or designate an individual to serve as, or
carry out the responsibilities of, the State Director of Head
Start Collaboration;
``(B) ensure that the State Director of Head Start
Collaboration holds a position with sufficient authority and
access to ensure that the collaboration described in paragraph
(2) is effective and involves a range of State agencies; and
``(C) involve the State Head Start Association in the
selection of the Director and involve the Association in
determinations relating to the ongoing direction of the
collaboration office involved.
``(4) The State Director of Head Start Collaboration shall--
``(A) <<NOTE: Deadline. Assessment.>> not later than 1 year
after the State receives a collaboration grant under paragraph
(2), conduct an assessment that--
``(i) addresses the needs of Head Start agencies in
the State with respect to collaboration, coordination
and alignment of services, and alignment of curricula
and assessments used in Head Start programs with the
Head Start Child Outcomes Framework and, as appropriate,
State early learning standards;
``(ii) shall be updated on an annual basis; and
[[Page 121 STAT. 1410]]
``(iii) <<NOTE: Public information.>> shall be made
available to the general public within the State;
``(B) <<NOTE: Strategic plan.>> develop a strategic plan
that is based on the assessment described in subparagraph (A)
that will--
``(i) enhance collaboration and coordination of Head
Start services by Head Start agencies with other
entities providing early childhood education and
development (such as child care or services offered by
museums), health care, mental health care, welfare,
child protective services, education and community
service activities, family literacy services, reading
readiness programs (including such programs offered by
public and school libraries), services relating to
children with disabilities, other early childhood
education and development for limited English proficient
children and homeless children, and services provided
for children in foster care and children referred to
Head Start programs by child welfare agencies, including
agencies and State officials responsible for services
described in this clause;
``(ii) assist Head Start agencies to develop a plan
for the provision of full working-day, full calendar
year services for children enrolled in Head Start
programs who need such services;
``(iii) assist Head Start agencies to align
curricula and assessments used in Head Start programs
with the Head Start Child Outcomes Framework and, as
appropriate, State early learning standards;
``(iv) enable Head Start agencies to better access
professional development opportunities for Head Start
staff, such as by working with Head Start agencies to
enable the agencies to meet the degree requirements
described in section 648A(a)(2)(A), including providing
distance learning opportunities for Head Start staff,
where needed to make higher education more accessible to
Head Start staff; and
``(v) enable the Head Start agencies to better
conduct outreach to eligible families;
``(C) promote partnerships between Head Start agencies,
State and local governments, and the private sector to help
ensure that children from low-income families, who are in Head
Start programs or are preschool age, are receiving comprehensive
services to prepare the children for elementary school;
``(D) consult with the chief State school officer, local
educational agencies, and providers of early childhood education
and development, at both the State and local levels;
``(E) promote partnerships between Head Start agencies,
schools, law enforcement, relevant community-based
organizations, and substance abuse and mental health treatment
agencies to strengthen family and community environments and to
reduce the impact on child development of substance abuse, child
abuse, domestic violence, and other high-risk behaviors that
compromise healthy development;
``(F) promote partnerships between Head Start agencies and
other organizations in order to enhance Head Start program
quality, including partnerships to promote inclusion of more
books in Head Start classrooms;
[[Page 121 STAT. 1411]]
``(G) identify other resources and organizations (both
public and private) for the provision of in-kind services to
Head Start agencies in the State; and
``(H) serve on the State Advisory Council in order to assist
the efforts of Head Start agencies to engage in effective
coordination and collaboration.''.
(b) State Early Education and Care.--Section 642B of the Head Start
Act, as added by subsection (a), is amended by adding at the end the
following:
``(b)(1)(A) The Governor of the State shall--
``(i) <<NOTE: Establishment.>> designate or establish a
council to serve as the State Advisory Council on Early
Childhood Education and Care for children from birth to school
entry (in this subchapter referred to as the `State Advisory
Council'); and
``(ii) designate an individual to coordinate activities of
the State Advisory Council, as described in subparagraph (D)(i).
``(B) The Governor may designate an existing entity in the State to
serve as the State Advisory Council, and shall appoint representatives
to the State Advisory Council at the Governor's discretion. In
designating an existing entity, the Governor shall take steps to ensure
that its membership includes, to the extent possible, representatives
consistent with subparagraph (C).
``(C) Members of the State Advisory Council shall include, to the
maximum extent possible--
``(i) a representative of the State agency responsible for
child care;
``(ii) a representative of the State educational agency;
``(iii) a representative of local educational agencies;
``(iv) a representative of institutions of higher education
in the State;
``(v) a representative of local providers of early childhood
education and development services;
``(vi) a representative from Head Start agencies located in
the State, including migrant and seasonal Head Start programs
and Indian Head Start programs;
``(vii) the State Director of Head Start Collaboration;
``(viii) a representative of the State agency responsible
for programs under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
``(ix) a representative of the State agency responsible for
health or mental health care; and
``(x) representatives of other entities determined to be
relevant by the Governor of the State.
``(D)(i) The State Advisory Council shall, in addition to any
responsibilities assigned to the Council by the Governor of the State--
``(I) <<NOTE: Assessment.>> conduct a periodic statewide
needs assessment concerning the quality and availability of
early childhood education and development programs and services
for children from birth to school entry, including an assessment
of the availability of high-quality pre-kindergarten services
for low-income children in the State;
``(II) identify opportunities for, and barriers to,
collaboration and coordination among Federally-funded and State-
funded child development, child care, and early childhood
education programs and services, including collaboration and
coordination
[[Page 121 STAT. 1412]]
among State agencies responsible for administering such
programs;
``(III) develop recommendations for increasing the overall
participation of children in existing Federal, State, and local
child care and early childhood education programs, including
outreach to underrepresented and special populations;
``(IV) develop recommendations regarding the establishment
of a unified data collection system for public early childhood
education and development programs and services throughout the
State;
``(V) develop recommendations regarding statewide
professional development and career advancement plans for early
childhood educators in the State;
``(VI) assess the capacity and effectiveness of 2- and 4-
year public and private institutions of higher education in the
State toward supporting the development of early childhood
educators, including the extent to which such institutions have
in place articulation agreements, professional development and
career advancement plans, and practice or internships for
students to spend time in a Head Start or prekindergarten
program; and
``(VII) make recommendations for improvements in State early
learning standards and undertake efforts to develop high-quality
comprehensive early learning standards, as appropriate.
``(ii) <<NOTE: Public information.>> The State Advisory Council
shall hold public hearings and provide an opportunity for public comment
on the activities described in clause (i). <<NOTE: Reports.>> The State
Advisory Council shall submit a statewide strategic report addressing
the activities described in clause (i) to the State Director of Head
Start Collaboration and the Governor of the State.
``(iii) After submission of a statewide strategic report under
clause (ii), the State Advisory Council shall meet periodically to
review any implementation of the recommendations in such report and any
changes in State and local needs.
``(2)(A) <<NOTE: Grants.>> The Secretary shall use the portion
reserved under section 640(a)(4)(A)(iii) to award, on a competitive
basis, one-time startup grants of not less than $500,000 to eligible
States to enable such States to pay for the Federal share of developing
and implementing a plan pursuant to the responsibilities included under
paragraph (1)(D)(i). A State that receives funds under this paragraph
shall use such funds to facilitate the development or enhancement of
high-quality systems of early childhood education and care designed to
improve school preparedness through one or more of the following
activities--
``(i) promoting school preparedness of children from birth
through school entry, including activities to encourage families
and caregivers to engage in highly interactive, developmentally
and age-appropriate activities to improve children's early
social, emotional, and cognitive development, support the
transition of young children to school, and foster parental and
family involvement in the early education of young children;
``(ii) supporting professional development, recruitment, and
retention initiatives for early childhood educators;
``(iii) enhancing existing early childhood education and
development programs and services (in existence on the date on
which the grant involved is awarded), including quality
[[Page 121 STAT. 1413]]
improvement activities authorized under the Child Care and
Development Block Grant Act of 1990; and
``(iv) carrying out other activities consistent with the
State's plan and application, pursuant to subparagraph (B).
``(B) <<NOTE: Plan.>> To be eligible to receive a grant under this
paragraph, a State shall prepare and submit to the Secretary a plan and
application, for a 3-year period, at such time, in such manner, and
containing such information as the Secretary shall require, including--
``(i) <<NOTE: Reports.>> the statewide strategic report
described in paragraph (1)(D)(ii), including a description of
the State Advisory Council's responsibilities under paragraph
(1)(D)(i);
``(ii) a description, for each fiscal year, of how the State
will make effective use of funds available under this paragraph,
with funds described in subparagraph (C), to create an early
childhood education and care system, by developing or enhancing
programs and activities consistent with the statewide strategic
report described in paragraph (1)(D)(i);
``(iii) a description of the State early learning standards
and the State's goals for increasing the number of children
entering kindergarten ready to learn;
``(iv) information identifying the agency or joint
interagency office, and individual, designated to carry out the
activities under this paragraph, which may be the individual
designated under paragraph (1)(A)(ii); and
``(v) a description of how the State plans to sustain
activities under this paragraph beyond the grant period.
``(C) The Federal share of the cost of activities proposed to be
conducted under subparagraph (A) shall be 30 percent, and the State
shall provide the non-Federal share.
``(D) Funds made available under this paragraph shall be used to
supplement, and not supplant, other Federal, State, and local funds
expended to carry out activities related to early childhood education
and care in the State.
``(E) <<NOTE: Deadline. Reports.>> Not later than 18 months after
the date a State receives a grant under this paragraph, the State shall
submit an interim report to the Secretary. A State that receives a grant
under this paragraph shall submit a final report to the Secretary at the
end of the grant period. Each report shall include--
``(i) a description of the activities and services carried
out under the grant, including the outcomes of such activities
and services in meeting the needs described in the periodic
needs assessment and statewide strategic report;
``(ii) information about how the State used such funds to
meet the goals of this subsection through activities to develop
or enhance high-quality systems of early childhood education and
care, increase effectiveness of delivery systems and use of
funds, and enhance existing programs and services;
``(iii) information regarding the remaining needs described
in the periodic statewide needs assessment and statewide
strategic report that have not yet been addressed by the State;
and
``(iv) any other information that the Secretary may require.
``(F) Nothing in this subsection shall be construed to provide the
State Advisory Council with authority to modify, supersede, or negate
the requirements of this subchapter.''.
[[Page 121 STAT. 1414]]
SEC. 12. SUBMISSION OF PLANS.
Section 643 of the Head Start Act (42 U.S.C. 9838) is amended by
adding at the end the following: ``This section shall not apply to
contracts, agreements, grants, loans, or other assistance for Indian
Head Start programs or migrant or seasonal Head Start programs.''.
SEC. 13. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.
Section 644 of the Head Start Act (42 U.S.C. 9839) is amended--
(1) by striking subsection (a) and inserting the following:
``(a)(1) Each Head Start agency shall observe standards of
organization, management, and administration that will ensure, so far as
reasonably possible, that all program activities are conducted in a
manner consistent with the purposes of this subchapter and the objective
of providing assistance effectively, efficiently, and free of any taint
of partisan political bias or personal or family favoritism. Each such
agency shall establish or adopt rules to carry out this section, which
shall include rules to assure full staff accountability in matters
governed by law, regulations, or agency policy. Each agency shall also
provide for reasonable public access to information, including public
hearings at the request of appropriate community groups and reasonable
public access to books and records of the agency or other agencies
engaged in program activities or operations involving the use of
authority or funds for which it is responsible.
``(2) <<NOTE: Public information. Reports.>> Each Head Start agency
shall make available to the public a report published at least once in
each fiscal year that discloses the following information from the most
recently concluded fiscal year, except that reporting such information
shall not reveal personally identifiable information about an individual
child or parent:
``(A) The total amount of public and private funds received
and the amount from each source.
``(B) An explanation of budgetary expenditures and proposed
budget for the fiscal year.
``(C) The total number of children and families served, the
average monthly enrollment (as a percentage of funded
enrollment), and the percentage of eligible children served.
``(D) The results of the most recent review by the Secretary
and the financial audit.
``(E) The percentage of enrolled children that received
medical and dental exams.
``(F) Information about parent involvement activities.
``(G) The agency's efforts to prepare children for
kindergarten.
``(H) Any other information required by the Secretary.
``(3) Each such agency shall adopt for itself and other agencies
using funds or exercising authority for which it is responsible, rules
designed to--
``(A) establish specific standards governing salaries,
salary increases, travel and per diem allowances, and other
employee benefits;
``(B) assure that only persons capable of discharging their
duties with competence and integrity are employed and that
employees are promoted or advanced under impartial procedures
calculated to improve agency performance and effectiveness;
[[Page 121 STAT. 1415]]
``(C) guard against personal or financial conflicts of
interest; and
``(D) define employee duties in an appropriate manner that
will in any case preclude employees from participating, in
connection with the performance of their duties, in any form of
picketing, protest, or other direct action that is in violation
of law.''; and
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (A) through
(E) as subparagraphs (B) through (F),
respectively; and
(ii) by inserting before subparagraph (B), as
redesignated by clause (i), the following:
``(A) a description of the efforts by the agency to
coordinate or collaborate with other providers in the community
to seek assistance, including financial assistance, prior to the
use of funds under this section;''; and
(B) in paragraph (3), by striking ``, from the
amount reserved under section 640(a)(2)(A),''.
SEC. 14. PARTICIPATION IN HEAD START PROGRAMS.
Section 645 of the Head Start Act (42 U.S.C. 9840) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(a)(1)(A) <<NOTE: Regulations.>> The Secretary shall by regulation
prescribe eligibility for the participation of persons in Head Start
programs assisted under this subchapter.
``(B) Except as provided in paragraph (2), such regulation shall
provide--
``(i) that children from low-income families shall be
eligible for participation in programs assisted under this
subchapter if their families' incomes are below the poverty
line, or if their families are eligible or, in the absence of
child care, would potentially be eligible for public assistance;
``(ii) that homeless children shall be deemed to be eligible
for such participation;
``(iii) that programs assisted under this subchapter may
include--
``(I) to a reasonable extent (but not to exceed 10
percent of participants), participation of children in
the area served who would benefit from such programs but
who are not eligible under clause (i) or (ii); and
``(II) from the area served, an additional 35
percent of participants who are not eligible under
clause (i) or (ii) and whose families have incomes below
130 percent of the poverty line, if--
``(aa) the Head Start agency involved
establishes and implements outreach and enrollment
policies and procedures that ensure such agency is
meeting the needs of children eligible under
clause (i) or (ii) (or subclause (I) if the child
involved has a disability) prior to meeting the
needs of children eligible under this subclause;
and
``(bb) in prioritizing the selection of
children to be served, the Head Start agency
establishes criteria
[[Page 121 STAT. 1416]]
that provide that the agency will serve children
eligible under clause (i) or (ii) prior to serving
the children eligible under this subclause;
``(iv) that any Head Start agency serving children eligible
under clause (iii)(II) shall report annually to the Secretary
information on--
``(I) how such agency is meeting the needs of
children eligible under clause (i) or (ii), in the area
served, including local demographic data on families of
children eligible under clause (i) or (ii);
``(II) the outreach and enrollment policies and
procedures established by the agency that ensure the
agency is meeting the needs of children eligible under
clause (i) or (ii) (or clause (iii)(I) if the child
involved has a disability) prior to meeting the needs of
children eligible under clause (iii)(II);
``(III) the efforts, including outreach efforts
(that are appropriate to the community involved), of
such agency to be fully enrolled with children eligible
under clause (i) or (ii);
``(IV) the policies, procedures, and selection
criteria such agency is implementing to serve eligible
children, consistent with clause (iii)(II);
``(V) the agency's enrollment level, and enrollment
level over the fiscal year prior to the fiscal year in
which the report is submitted;
``(VI) the number of children served by the agency,
disaggregated by whether such children are eligible
under clause (i), clause (ii), clause (iii)(I), or
clause (iii)(II); and
``(VII) the eligibility criteria category of the
children on the agency's waiting list;
``(v) that a child who has been determined to meet the
eligibility criteria described in this subparagraph and who is
participating in a Head Start program in a program year shall be
considered to continue to meet the eligibility criteria through
the end of the succeeding program year.
``(C) In determining, for purposes of this paragraph, whether a
child who has applied for enrollment in a Head Start program meets the
eligibility criteria, an entity may consider evidence of family income
during the 12 months preceding the month in which the application is
submitted, or during the calendar year preceding the calendar year in
which the application is submitted, whichever more accurately reflects
the needs of the family at the time of application.''; and
(B) by adding at the end the following:
``(3)(A) In this paragraph:
``(i) The term `dependent' has the meaning given the term in
paragraphs (2)(A) and (4)(A)(i) of section 401(a) of title 37,
United States Code.
``(ii) The terms `member' and `uniformed services' have the
meanings given the terms in paragraphs (23) and (3),
respectively, of section 101 of title 37, United States Code.
``(B) The following amounts of pay and allowance of a member of the
uniformed services shall not be considered to be income for purposes of
determining the eligibility of a dependent of such member for programs
funded under this subchapter:
[[Page 121 STAT. 1417]]
``(i) The amount of any special pay payable under section
310 of title 37, United States Code, relating to duty subject to
hostile fire or imminent danger.
``(ii) The amount of basic allowance payable under section
403 of such title, including any such amount that is provided on
behalf of the member for housing that is acquired or constructed
under the alternative authority for the acquisition and
improvement of military housing under subchapter IV of chapter
169 of title 10, United States Code, or any other related
provision of law.
``(4) After demonstrating a need through a communitywide strategic
planning and needs assessment, a Head Start agency may apply to the
Secretary to convert part-day sessions, particularly consecutive part-
day sessions, into full-working-day sessions.
``(5)(A) Upon written request and pursuant to the requirements of
this paragraph, a Head Start agency may use funds that were awarded
under this subchapter to serve children age 3 to compulsory school age,
in order to serve infants and toddlers if the agency submits an
application to the Secretary containing, as specified in rules issued by
the Secretary, all of the following information:
``(i) The amount of such funds that are proposed to be used
in accordance with section 645A(b).
``(ii) A communitywide strategic planning and needs
assessment demonstrating how the use of such funds would best
meet the needs of the community.
``(iii) A description of how the needs of pregnant women,
and of infants and toddlers, will be addressed in accordance
with section 645A(b), and with regulations prescribed by the
Secretary pursuant to section 641A in areas including the
agency's approach to child development and provision of health
services, approach to family and community partnerships, and
approach to program design and management.
``(iv) A description of how the needs of eligible children
will be met in the community.
``(v) Assurances that the agency will participate in
technical assistance activities (including planning, start-up
site visits, and national training activities) in the same
manner as recipients of grants under section 645A.
``(vi) Evidence that the agency meets the same eligibility
criteria as recipients of grants under section 645A.
``(B) An application that satisfies the requirements specified in
subparagraph (A) shall be approved by the Secretary unless the Secretary
finds that--
``(i) the agency lacks adequate capacity and capability to
carry out an effective Early Head Start program; or
``(ii) the information provided under subparagraph (A) is
inadequate.
``(C) In approving such applications, the Secretary shall take into
account the costs of serving persons under section 645A.
``(D) Any Head Start agency with an application approved under
subparagraph (B) shall be considered to be an Early Head Start agency
and shall be subject to the same rules, regulations, and conditions as
apply to recipients of grants under section 645A, with respect to
activities carried out under this paragraph.'';
(2) in the first sentence of subsection (c), by striking
``(age 3 to compulsory school attendance)''; and
(3) in subsection (d)--
[[Page 121 STAT. 1418]]
(A) by striking paragraph (3); and
(B) by adding at the end the following:
``(3) Notwithstanding any other provision of this Act, an Indian
tribe or tribes that operates both an Early Head Start program under
section 645A and a Head Start program may, at its discretion, at any
time during the grant period involved, reallocate funds between the
Early Head Start program and the Head Start program in order to address
fluctuations in client populations, including pregnant women and
children from birth to compulsory school age. The reallocation of such
funds between programs by an Indian tribe or tribes during a year shall
not serve as the basis for the Secretary to reduce a base grant (as
defined in section 640(a)(7)) for either program in succeeding years.''.
SEC. 15. EARLY HEAD START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 645A. EARLY HEAD START PROGRAMS.'';
(2) <<NOTE: Grants.>> in subsection (a) by striking ``The
Secretary'' and all that follows through ``for programs'' and
inserting ``The Secretary shall make grants to entities
(referred to in this subchapter as `Early Head Start agencies')
in accordance with this section for programs (referred to in
this subchapter as `Early Head Start programs')'';
(3) in subsection (b)--
(A) by striking paragraph (4) and inserting the
following:
``(4) provide services to parents to support their role as
parents (including parenting skills training and training in
basic child development) and services to help the families move
toward self-sufficiency (including educational and employment
services, as appropriate);'';
(B) by striking paragraph (5) and inserting the
following:
``(5) coordinate services with services provided by programs
in the State (including home-based services) and programs in the
community (including programs for infants and toddlers with
disabilities and programs for homeless infants and toddlers) to
ensure a comprehensive array of services (such as health and
mental health services and family support services);'';
(C) by redesignating paragraphs (6), (7), (8), and
(9), as paragraphs (7), (10), (11), and (12),
respectively;
(D) by inserting after paragraph (5) the following:
``(6) ensure that children with documented behavioral
problems, including problems involving behavior related to prior
or existing trauma, receive appropriate screening and
referral;'';
(E) by inserting after paragraph (7), as
redesignated by subparagraph (C), the following:
``(8) develop and implement a systematic procedure for
transitioning children and parents from an Early Head Start
program to a Head Start program or other local early childhood
education and development program;
``(9) establish channels of communication between staff of
the Early Head Start program, and staff of a Head Start
[[Page 121 STAT. 1419]]
program or other local providers of early childhood education
and development programs, to facilitate the coordination of
programs;''; and
(F) by striking paragraph (11), as redesignated by
subparagraph (C), and inserting the following:
``(11) ensure formal linkages with providers of early
intervention services for infants and toddlers with disabilities
under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), with the State interagency coordinating council,
as established in part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.), and with the agency
responsible for administering section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a);'';
(4) in subsection (c), by striking ``income criteria
specified for families in section 645(a)(1)'' and inserting
``eligibility criteria specified in section 645(a)(1), including
the criteria specified in section 645(a)(1)(B)(ii)'';
(5) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
``(1) entities operating Head Start programs under this
subchapter;
``(2) entities operating Indian Head Start programs or
migrant or seasonal Head Start programs; and
``(3) other public entities, and nonprofit or for-profit
private entities, including community-based and faith-based
organizations, capable of providing child and family services
that meet the standards for participation in programs under this
subchapter and meet such other appropriate requirements relating
to the activities under this section as the Secretary may
establish.'';
(6) in subsection (e), by striking ``From'' and all that
follows through ``under this subsection'' and inserting ``The
Secretary shall award grants under this section'';
(7) by striking subsection (g) and inserting the following:
``(g) Monitoring, Training, Technical Assistance, and Evaluation.--
``(1) Requirement.--In order to ensure the successful
operation of programs assisted under this section, the Secretary
shall use funds made available under section 640(a)(2)(E) to
monitor the operation of such programs, and funds made available
under section 640(a)(2)(C)(i)(I) to provide training and
technical assistance tailored to the particular needs of such
programs, consistent with section 640(c).
``(2) Training and technical assistance.--
``(A) Activities.--Of the portion set aside under
section 640(a)(2)(C)(i)(I)--
``(i) not less than 50 percent shall be made
available to Early Head Start agencies to use
directly, which may include, at their discretion,
the establishment of local or regional agreements
with community experts, institutions of higher
education, or private consultants, for training
and technical assistance activities in order to
make program improvements identified by such
agencies;
``(ii) not less than 25 percent shall be
available to the Secretary to support a State-
based training and technical assistance system, or
a national system,
[[Page 121 STAT. 1420]]
described in section 648(e), including infant and
toddler specialists, to support Early Head Start
agencies, consistent with subparagraph (B); and
``(iii) the remainder of such amount shall be
made available to the Secretary to assist Early
Head Start agencies in meeting and exceeding the
standards described in section 641A(a)(1)
(directly, or through grants, contracts, or other
agreements or arrangements with an entity with
demonstrated expertise relating to infants,
toddlers, and families) by--
``(I) providing ongoing training and
technical assistance to Early Head Start
agencies, including developing training
and technical assistance materials and
resources to support program development
and improvement and best practices in
providing services to children and
families served by Early Head Start
programs;
``(II) supporting a national network
of infant and toddler specialists
designed to improve the quality of Early
Head Start programs;
``(III) providing ongoing training
and technical assistance on Early Head
Start program development and
improvement for regional staff charged
with monitoring and overseeing the
administration of the program carried
out under this section; and
``(IV) if funds remain after the
activities described in subclauses (I),
(II), and (III) are carried out, carry
out 1 or more of the following
activities:
``(aa) Providing support and
program planning and
implementation assistance for
new Early Head Start agencies,
including for agencies who want
to use funds as described in
section 645(a)(5) to serve
infants and toddlers.
``(bb) Creating special
training and technical
assistance initiatives targeted
to serving high-risk
populations, such as children in
the child welfare system and
homeless children.
``(cc) Providing
professional development
designed to increase program
participation for underserved
populations of eligible
children.
``(B) Contracts.--For the purposes of supporting a
State-based system, as described in subparagraph
(A)(ii), that will meet the needs of Early Head Start
agencies and provide high-quality, sustained, and
intensive training and technical assistance on
programming for infants and toddlers to Early Head Start
agencies, and in order to help such agencies meet or
exceed the standards described in section 641A(a)(1),
the Secretary shall--
``(i) use funds reserved under subparagraph
(A)(ii) in combination with funds reserved under
section 640(a)(2)(C)(i)(II)(bb) to ensure the
contracts described in section 648(e)(1) provide
for a minimum of 1 full-time specialist with
demonstrated expertise in the development of
infants and toddlers; and
[[Page 121 STAT. 1421]]
``(ii) ensure that such contracts and the
services provided in the contracts are integrated
with and augment the contracts awarded and
services provided under section 648(e);''; and
(8) by adding at the end the following:
``(h) <<NOTE: Deadlines.>> Center-Based Staff.--The Secretary
shall--
``(1) ensure that, not later than September 30, 2010, all
teachers providing direct services to children and families
participating in Early Head Start programs located in Early Head
Start centers, have a minimum of a child development associate
credential, and have been trained (or have equivalent
coursework) in early childhood development; and
``(2) establish staff qualification goals to ensure that not
later than September 30, 2012, all such teachers have been
trained (or have equivalent coursework) in early childhood
development with a focus on infant and toddler development.
``(i) Staff Qualifications and Development.--
``(1) Home visitor staff standards.--In order to further
enhance the quality of home visiting services provided to
families of children participating in home-based, center-based,
or combination program options under this subchapter, the
Secretary shall establish standards for training,
qualifications, and the conduct of home visits for home visitor
staff in Early Head Start programs.
``(2) Contents of standards.--The standards for training,
qualifications, and the conduct of home visits shall include
content related to--
``(A) structured child-focused home visiting that
promotes parents' ability to support the child's
cognitive, social, emotional, and physical development;
``(B) effective strengths-based parent education,
including methods to encourage parents as their child's
first teachers;
``(C) early childhood development with respect to
children from birth through age 3;
``(D) methods to help parents promote emergent
literacy in their children from birth through age 3,
including use of research-based strategies to support
the development of literacy and language skills for
children who are limited English proficient;
``(E) ascertaining what health and developmental
services the family receives and working with providers
of these services to eliminate gaps in service by
offering annual health, vision, hearing, and
developmental screening for children from birth to entry
into kindergarten, when needed;
``(F) strategies for helping families coping with
crisis; and
``(G) the relationship of health and well-being of
pregnant women to prenatal and early child
development.''.
SEC. 16. APPEALS, NOTICE, AND HEARING.
Section 646(a) of the Head Start Act (42 U.S.C. 9841(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``procedures to assure that'';
[[Page 121 STAT. 1422]]
(2) in paragraphs (1) and (2), by inserting ``procedures to
assure that'' after the paragraph designation;
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) <<NOTE: Deadlines.>> procedures to assure that
financial assistance under this subchapter may be terminated or
reduced, and an application for refunding may be denied, after
the recipient has been afforded reasonable notice and
opportunity for a full and fair hearing, including--
``(A) a right to file a notice of appeal of a
decision not later than 30 days after notice of the
decision from the Secretary; and
``(B) access to a full and fair hearing of the
appeal, not later than 120 days after receipt by the
Secretary of the notice of appeal;
``(4) procedures (including mediation procedures) are
developed and published, to be used in order to--
``(A) resolve in a timely manner conflicts
potentially leading to an adverse action between--
``(i) recipients of financial assistance under
this subchapter; and
``(ii) delegate agencies, or policy councils
of Head Start agencies;
``(B) avoid the need for an administrative hearing
on an adverse action; and
``(C) prohibit a Head Start agency from expending
financial assistance awarded under this subchapter for
the purpose of paying legal fees, or other costs
incurred, pursuant to an appeal under paragraph (3);
``(5) procedures to assure that the Secretary may suspend
financial assistance to a recipient under this subchapter--
``(A) except as provided in subparagraph (B), for
not more than 30 days; or
``(B) in the case of a recipient under this
subchapter that has multiple and recurring deficiencies
for 180 days or more and has not made substantial and
significant progress toward meeting the goals of the
grantee's quality improvement plan or eliminating all
deficiencies identified by the Secretary, during the
hearing of an appeal described in paragraph (3), for any
amount of time; and
``(6) procedures to assure that in cases where a Head Start
agency prevails in a decision under paragraph (4), the Secretary
may determine and provide a reimbursement to the Head Start
agency for fees deemed reasonable and customary.''.
SEC. 17. RECORDS AND AUDITS.
Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by
adding at the end the following:
``(c) Each recipient of financial assistance under this subchapter
shall--
``(1) maintain, and annually submit to the Secretary, a
complete accounting of the recipient's administrative expenses
(including a detailed statement identifying the amount of
financial assistance provided under this subchapter used to pay
expenses for salaries and compensation and the amount (if any)
of other funds used to pay such expenses);
[[Page 121 STAT. 1423]]
``(2) <<NOTE: Deadline.>> not later than 30 days after the
date of completion of an audit conducted in the manner and to
the extent provided in chapter 75 of title 31, United States
Code (commonly known as the `Single Audit Act of 1984'), submit
to the Secretary a copy of the audit management letter and of
any audit findings as they relate to the Head Start program; and
``(3) provide such additional documentation as the Secretary
may require.''.
SEC. 18. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the of the Head Start Act (42 U.S.C. 9843) is amended
to read as follows:
``SEC. 648. <<NOTE: Grants. Contracts.>> TECHNICAL ASSISTANCE AND
TRAINING.
``(a) Secretarial Training and Technical Assistance.--
``(1) Authority.--From the funds provided under section
640(a)(2)(C)(i), the Secretary shall provide, directly or
through grants, contracts, or other agreements or arrangements
as the Secretary considers appropriate, technical assistance and
training for Head Start programs for the purposes of improving
program quality and helping prepare children to succeed in
school.
``(2) Process.--The process for determining the technical
assistance and training activities to be carried out under this
section shall--
``(A) ensure that the needs of local Head Start
agencies and programs relating to improving program
quality and to program expansion are addressed to the
maximum extent practicable; and
``(B) incorporate mechanisms to ensure
responsiveness to local needs, including an ongoing
procedure for obtaining input from the individuals and
agencies carrying out Head Start programs.
``(3) Activities.--In providing training and technical
assistance and for allocating resources for such assistance
under this section, the Secretary shall--
``(A) give priority consideration to--
``(i) activities to correct program and
management deficiencies identified through reviews
carried out pursuant to section 641A(c) (including
the provision of assistance to local programs in
the development of quality improvement plans under
section 641A(d)(2));
``(ii) assisting Head Start agencies in
ensuring the school readiness of children; and
``(iii) activities that supplement those
funded with amounts provided under section
640(a)(5)(B) to address the training and career
development needs of classroom staff (including
instruction for providing services to children
with disabilities, and for activities described in
section 1222(d) of the Elementary and Secondary
Education Act of 1965), and non-classroom staff,
including home visitors and other staff working
directly with families, including training
relating to increasing parent involvement and
services designed to increase family literacy and
improve parenting skills; and
``(B) to the maximum extent practicable--
[[Page 121 STAT. 1424]]
``(i) assist Head Start agencies in the
development of collaborative initiatives with
States and other entities within the States, to
foster effective professional development systems
for early childhood education and development
services;
``(ii) provide technical assistance and
training, either directly or through a grant,
contract, or cooperative agreement with an entity
that has experience in the development and
operation of successful family literacy services
programs, for the purpose of--
``(I) assisting Head Start agencies
providing family literacy services, in
order to improve the quality of such
family literacy services; and
``(II) enabling those Head Start
agencies that demonstrate effective
provision of family literacy services,
based on improved outcomes for children
and their parents, to provide technical
assistance and training to other Head
Start agencies and to service providers
that work in collaboration with such
agencies to provide family literacy
services;
``(iii) assist Head Start agencies and
programs in conducting and participating in
communitywide strategic planning and needs
assessments, including the needs of homeless
children and their families, and in conducting
self-assessments;
``(iv) assist Head Start agencies and programs
in developing and implementing full-working-day
and full calendar year programs where community
need is clearly identified and making the
transition to such programs, with particular
attention to involving parents and programming for
children throughout the day, and assist the
agencies and programs in expediting the sharing of
information about innovative models for providing
full-working-day, full calendar year services for
children;
``(v) assist Head Start agencies in better
serving the needs of families with very young
children, including providing support and program
planning and implementation assistance for Head
Start agencies that apply to serve or are serving
additional infants and toddlers, in accordance
with section 645(a)(5);
``(vi) assist Head Start agencies and programs
in the development of sound management practices,
including financial management procedures;
``(vii) assist in efforts to secure and
maintain adequate facilities for Head Start
programs;
``(viii) assist Head Start agencies in
developing innovative program models, including
mobile and home-based programs;
``(ix) provide support for Head Start agencies
(including policy councils and policy committees)
that meet the standards described in section
641A(a) but that have, as documented by the
Secretary through reviews conducted pursuant to
section 641A(c), programmatic, quality, and fiscal
issues to address;
[[Page 121 STAT. 1425]]
``(x) assist Head Start agencies and programs
in improving outreach to, increasing program
participation of, and improving the quality of
services available to meet the unique needs of--
``(I) homeless children;
``(II) limited English proficient
children and their families,
particularly in communities that have
experienced a large percentage increase
in the population of limited English
proficient individuals, as measured by
the Bureau of the Census; and
``(III) children with disabilities,
particularly if such program's
enrollment opportunities or funded
enrollment for children with
disabilities is less than 10 percent;
``(xi) assist Head Start agencies and programs
to increase the capacity of classroom staff to
meet the needs of eligible children in Head Start
classrooms that are serving both children with
disabilities and children without disabilities;
``(xii) assist Head Start agencies and
programs to address the unique needs of programs
located in rural communities, including--
``(I) removing barriers related to
the recruitment and retention of Head
Start teachers in rural communities;
``(II) developing innovative and
effective models of professional
development for improving staff
qualifications and skills for staff
living in rural communities;
``(III) removing barriers related to
outreach efforts to eligible families in
rural communities;
``(IV) removing barriers to parent
involvement in Head Start programs in
rural communities;
``(V) removing barriers to providing
home visiting services in rural
communities; and
``(VI) removing barriers to
obtaining health screenings for Head
Start participants in rural communities;
``(xiii) provide training and technical
assistance to members of governing bodies, policy
councils, and, as appropriate, policy committees,
to ensure that the members can fulfill their
functions;
``(xiv) provide activities that help ensure
that Head Start programs have qualified staff who
can promote prevention of childhood obesity by
integrating developmentally appropriate research-
based initiatives that stress the importance of
physical activity and healthy, nutritional choices
in daily classroom and family routines;
``(xv) assist Indian Head Start agencies to
provide on-site and off-site training to staff,
using approaches that identify and enhance the
positive resources and strengths of Indian
children and families, to improve parent and
family engagement and staff development,
particularly with regard to child and family
development; and
[[Page 121 STAT. 1426]]
``(xvi) assisting Head Start agencies in
selecting and using the measures described in
section 641A(b).
``(b) Additional Support.--The Secretary shall provide, either
directly or through grants, contracts or other arrangements, funds from
section 640(a)(2)(C)(i)(II)(cc) to--
``(1) support an organization to administer a centralized
child development and national assessment program leading to
recognized credentials for personnel working in early childhood
education and development programs; and
``(2) support training for personnel--
``(A) providing services to limited English
proficient children and their families (including
services to promote the acquisition of the English
language);
``(B) providing services to children determined to
be abused or neglected or children referred by or
receiving child welfare services;
``(C) in helping children cope with community
violence;
``(D) to recognize common health, including mental
health, problems in children for appropriate referral;
``(E) to address the needs of children with
disabilities and their families;
``(F) to address the needs of migrant and seasonal
farmworker families; and
``(G) to address the needs of homeless families.
``(c) Outreach.--The Secretary shall develop and implement a program
of outreach to recruit and train professionals from diverse backgrounds
to become Head Start teachers in order to reflect the communities in
which Head Start children live and to increase the provision of quality
services and instruction to children with diverse backgrounds.
``(d) Funds to Agencies.--Funds made available under section
640(a)(2)(C)(i)(II)(aa) shall be used by a Head Start agency to provide
high-quality, sustained, and intensive training and technical assistance
as follows:
``(1) For 1 or more of the following:
``(A) Activities that ensure that Head Start
programs meet or exceed the standards described in
section 641A(a)(1).
``(B) Activities that ensure that Head Start
programs have adequate numbers of trained, qualified
staff who have skills in working with children and
families, including children and families who are
limited English proficient and children with
disabilities and their families.
``(C) Activities to improve the management and
implementation of Head Start services and systems,
including direct training for expert consultants working
with staff.
``(D) Activities that help ensure that Head Start
programs have qualified staff who can promote language
skills and literacy growth of children and who can
provide children with a variety of skills that have been
identified as predictive of later reading achievement,
school success, and the skills, knowledge, abilities,
development, and progress described in section
641A(a)(1)(B)(ii).
``(E) Activities to improve staff qualifications and
to assist with the implementation of career development
programs and to encourage the staff to continually
improve
[[Page 121 STAT. 1427]]
their skills and expertise, including developing
partnerships with programs that recruit, train, place,
and support college students in Head Start centers to
deliver an innovative early learning program to
preschool children.
``(F) Activities that help local programs ensure
that the arrangement, condition, and implementation of
the learning environments in Head Start programs are
conducive to providing effective program services to
children and families.
``(G) Activities to provide training necessary to
improve the qualifications of Head Start staff and to
support staff training, child counseling, health
services, and other services necessary to address the
needs of children enrolled in Head Start programs,
including children from families in crises, children who
experience chronic violence or homelessness, children
who experience substance abuse in their families, and
children under 3 years of age, where applicable.
``(H) Activities to provide classes or in-service-
type programs to improve or enhance parenting skills,
job skills, and adult and family literacy, including
financial literacy, or training to become a classroom
aide or bus driver in a Head Start program.
``(I) Additional activities deemed appropriate to
the improvement of Head Start programs, as determined by
the technical assistance and training plans of the Head
Start agencies.
``(2) To support enhanced early language and literacy
development of children in Head Start programs, and to provide
the children with high-quality oral language skills and with
environments that are rich in literature in which to acquire
language and early literacy skills. Each Head Start agency, in
consultation with the State-based training and technical
assistance system, as appropriate, shall ensure that--
``(A) all of the agency's Head Start teachers
receive ongoing training in language and emergent
literacy (referred to in this subsection as `literacy
training'), including appropriate curricula and
assessment to improve instruction and learning;
``(B) such literacy training shall include training
in methods to promote vocabulary development and
phonological awareness (including phonemic awareness) in
a developmentally, culturally, and linguistically
appropriate manner and support children's development in
their native language;
``(C) the literacy training shall include training
in how to work with parents to enhance positive language
and early literacy development at home;
``(D) the literacy training shall include specific
methods to best address the needs of children who are
limited English proficient;
``(E) the literacy training shall include training
on how to best address the language and literacy needs
of children with disabilities, including training on how
to work with specialists in language development; and
[[Page 121 STAT. 1428]]
``(F) the literacy training shall be tailored to the
early childhood literacy background and experience of
the teachers involved;
except that funds made available under section 640(a)(2)(C)(i)
shall not be used for long-distance travel expenses for training
activities available locally or regionally or for training
activities substantially similar to locally or regionally
available training activities.
``(e) State-Based Training and Technical Assistance System.--For the
purposes of delivering a State-based training and technical assistance
system (which may include a consortium of 2 or more States within a
region) or a national system in the case of migrant or seasonal Head
Start and Indian Head Start programs, as described in section
640(a)(2)(C)(i)(II)(bb), that will meet the needs of local grantees, as
determined by such grantees, and provide high-quality, sustained, and
intensive training and technical assistance to Head Start agencies and
programs in order to improve their capacity to deliver services that
meet or exceed the standards described in section 641A(a)(1), the
Secretary shall--
``(1) enter into contracts in each State with 1 or more
entities that have a demonstrated expertise in supporting the
delivery of high-quality early childhood education and
development programs, except that contracts for a consortium of
2 or more States within a geographic region may be entered into
if such a system is more appropriate to better meet the needs of
local grantees within a region, as determined by such grantees;
``(2) ensure that the entities described in subparagraph (1)
determine the types of services to be provided through
consultation with--
``(A) local Head Start agencies (including Indian
Head Start agencies and migrant or seasonal Head Start
agencies, as appropriate);
``(B) the State Head Start collaboration office; and
``(C) the State Head Start Association;
``(3) encourage States to supplement the funds authorized in
section 640(a)(2)(C)(i)(II)(bb) with Federal, State, or local
funds other than funds made available under this subchapter, to
expand training and technical assistance activities beyond Head
Start agencies to include other providers of other early
childhood education and development programs within a State;
``(4) <<NOTE: Reports. Deadline.>> provide a report to the
Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of
the Senate, not later than 90 days after the end of the fiscal
year, summarizing the funding for such contracts and the
activities carried out thereunder;
``(5) periodically evaluate the effectiveness of the
delivery of services in each State in promoting program quality;
and
``(6) ensure that in entering into such contracts as
described in paragraph (1), such entities will address the needs
of grantees in both urban and rural communities.
``(f) Indoor Air Quality.--The Secretary shall consult with
appropriate Federal agencies and other experts, as appropriate, on
issues of air quality related to children's health and inform Head Start
agencies of existing programs or combination of programs that provide
methods for improving indoor air quality.
[[Page 121 STAT. 1429]]
``(g) <<NOTE: Minorities.>> Career Advancement Partnership
Program.--
``(1) Authority.--From amounts allocated under section
640(a)(2)(C) the Secretary is authorized to award demonstration
grants, for a period of not less than 5 years, to historically
Black colleges and universities, Hispanic-serving institutions,
and Tribal Colleges and Universities--
``(A) to implement education programs that increase
the number of associate, baccalaureate, and graduate
degrees in early childhood education and related fields
that are earned by Head Start agency staff members,
parents of children served by such agencies, and members
of the communities involved;
``(B) to provide assistance for stipends and costs
related to tuition, fees, and books for enrolling Head
Start agency staff members, parents of children served
by such an agency, and members of the communities
involved in courses required to complete the degree and
certification requirement to become teachers in early
childhood education and related fields;
``(C) to develop program curricula to promote high-
quality services and instruction to children with
diverse backgrounds, including--
``(i) in the case of historically Black
colleges and universities, to help Head Start
Agency staff members develop skills and expertise
needed to teach in programs serving large numbers
of African American children;
``(ii) in the case of Hispanic-serving
institutions, programs to help Head Start Agency
staff members develop skills and expertise needed
to teach in programs serving large numbers of
Hispanic children, including programs to develop
the linguistic skills and expertise needed to
teach in programs serving a large number of
children with limited English proficiency; and
``(iii) in the case of Tribal Colleges and
Universities, to help Head Start Agency staff
members develop skills and expertise needed to
teach in programs serving large numbers of Indian
children, including programs concerning tribal
culture and language;
``(D) to provide other activities to upgrade the
skills and qualifications of educational personnel to
meet the professional standards in subsection (a) to
better promote high-quality services and instruction to
children and parents from populations served by
historically Black colleges and universities, Hispanic-
serving institutions, or Tribal Colleges and
Universities;
``(E) to provide technology literacy programs for
Indian Head Start agency staff members and families of
children served by such agency; and
``(F) to develop and implement the programs
described under subparagraph (A) in technology-mediated
formats, including through such means as distance
learning and use of advanced technology, as appropriate.
[[Page 121 STAT. 1430]]
``(2) Other assistance.--The Secretary shall, using
resources within the Department of Health and Human Services--
``(A) provide appropriate technical assistance to
historically Black colleges and universities, Hispanic-
serving institutions, and Tribal Colleges and
Universities receiving grants under this section,
including coordinating with the White House Initiative
on historically Black colleges and universities; and
``(B) ensure that the American Indian Programs
Branch of the Office of Head Start of the Administration
for Children and Families of the Department of Health
and Human Services can effectively administer the
programs under this section and provide appropriate
technical assistance to Tribal Colleges and Universities
under this section.
``(3) Application.--Each historically Black college or
university, Hispanic-serving institution, or Tribal College or
University desiring a grant under this section shall submit an
application, in partnership with at least 1 Head Start agency
enrolling large numbers of students from the populations served
by historically Black colleges and universities, Hispanic-
serving institutions, or Tribal Colleges and Universities, to
the Secretary, at such time, in such manner, and containing such
information as the Secretary may require, including a
certification that the institution of higher education has
established a formal partnership with 1 or more Head Start
agencies for the purposes of conducting the activities described
in paragraph (1).
``(4) Definitions.--In this subsection:
``(A) The term `Hispanic-serving institution' has
the meaning given such term in section 502 of the Higher
Education Act of 1965 (20 U.S.C. 1101a).
``(B) The term `historically Black college or
university' has the meaning given the term `part B
institution' in section 322(2) of the Higher Education
Act of 1965 (20 U.S.C. 1061(2)).
``(C) The term `Tribal College or University' has
the meaning given such term in section 316(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
``(5) Teaching requirement.--A student at an institution
receiving a grant under this subsection who receives assistance
under a program funded under this subsection shall teach in a
center-based Head Start program for a period of time equivalent
to the period for which they received assistance or shall repay
such assistance.''.
SEC. 19. STAFF QUALIFICATIONS AND DEVELOPMENT.
Section 648A of the Head Start Act (42 U.S.C. 9843a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Classroom Teachers.--
``(1) Professional requirements.--The Secretary shall ensure
that each Head Start classroom in a center-based program is
assigned 1 teacher who has demonstrated competency to perform
functions that include--
``(A) planning and implementing learning experiences
that advance the intellectual and physical development
[[Page 121 STAT. 1431]]
of children, including improving the readiness of
children for school by developing their literacy,
phonemic, and print awareness, their understanding and
use of language, their understanding and use of
increasingly complex and varied vocabulary, their
appreciation of books, their understanding of early math
and early science, their problem-solving abilities, and
their approaches to learning;
``(B) establishing and maintaining a safe, healthy
learning environment;
``(C) supporting the social and emotional
development of children; and
``(D) encouraging the involvement of the families of
the children in a Head Start program and supporting the
development of relationships between children and their
families.
``(2) <<NOTE: Deadlines.>> Degree requirements.--
``(A) Head start teachers.--The Secretary shall
ensure that not later than September 30, 2013, at least
50 percent of Head Start teachers nationwide in center-
based programs have--
``(i) a baccalaureate or advanced degree in
early childhood education; or
``(ii) a baccalaureate or advanced degree and
coursework equivalent to a major relating to early
childhood education, with experience teaching
preschool-age children.
``(B) Additional staff.--The Secretary shall ensure
that, not later than September 30, 2013, all--
``(i) Head Start education coordinators,
including those that serve as curriculum
specialists, nationwide in center-based programs--
``(I) have the capacity to offer
assistance to other teachers in the
implementation and adaptation of
curricula to the group and individual
needs of children in a Head Start
classroom; and
``(II) have--
``(aa) a baccalaureate or
advanced degree in early
childhood education; or
``(bb) a baccalaureate or
advanced degree and coursework
equivalent to a major relating
to early childhood education,
with experience teaching
preschool-age children; and
``(ii) Head Start teaching assistants
nationwide in center-based programs have--
``(I) at least a child development
associate credential;
``(II) enrolled in a program leading
to an associate or baccalaureate degree;
or
``(III) enrolled in a child
development associate credential program
to be completed within 2 years.
``(C) <<NOTE: Reports.>> Progress.--
``(i) Implementation.--The Secretary shall--
``(I) require Head Start agencies
to--
``(aa) describe continuing
progress each year toward
achieving the goals described in
subparagraphs (A) and (B); and
[[Page 121 STAT. 1432]]
``(bb) annually submit to
the Secretary a report
indicating the number and
percentage of classroom
personnel described in
subparagraphs (A) and (B) in
center-based programs with child
development associate
credentials or associate,
baccalaureate, or advanced
degrees;
``(II) compile and submit a summary
of all program reports described in
subclause (I)(bb) to the Committee on
Education and Labor of the House of
Representatives and the Committee on
Health, Education, Labor, and Pensions
of the Senate; and
``(III) not impose any penalties or
sanctions on any individual Head Start
agency, program, or staff in the
monitoring of local agencies and
programs under this subchapter not
meeting the requirements of subparagraph
(A) or (B).
``(D) Construction.--In this paragraph a reference
to a Head Start agency, or its program, services,
facility, or personnel, shall not be considered to be a
reference to an Early Head Start agency, or its program,
services, facility, or personnel.
``(3) <<NOTE: Deadlines.>> Alternative credentialing and
degree requirements.--The Secretary shall ensure that, for
center-based programs, each Head Start classroom that does not
have a teacher who meets the qualifications described in clause
(i) or (ii) of paragraph (2)(A) is assigned one teacher who has
the following during the period specified:
``(A) Through September 30, 2011--
``(i) a child development associate credential
that is appropriate to the age of children being
served in center-based programs;
``(ii) a State-awarded certificate for
preschool teachers that meets or exceeds the
requirements for a child development associate
credential;
``(iii) an associate degree in early childhood
education;
``(iv) an associate degree in a related field
and coursework equivalent to a major relating to
early childhood education, with experience
teaching preschool-age children; or
``(v) a baccalaureate degree and has been
admitted into the Teach For America program,
passed a rigorous early childhood content exam,
such as the Praxis II, participated in a Teach For
America summer training institute that includes
teaching preschool children, and is receiving
ongoing professional development and support from
Teach For America's professional staff.
``(B) As of October 1, 2011--
``(i) an associate degree in early childhood
education;
``(ii) an associate degree in a related field
and coursework equivalent to a major relating to
early childhood education, with experience
teaching preschool-age children; or
[[Page 121 STAT. 1433]]
``(iii) a baccalaureate degree and has been
admitted into the Teach For America program,
passed a rigorous early childhood content exam,
such as the Praxis II, participated in a Teach For
America summer training institute that includes
teaching preschool children, and is receiving
ongoing professional development and support from
Teach For America's professional staff.
``(4) Waiver.--On request, the Secretary shall grant--
``(A) through September 30, 2011, a 180-day waiver
ending on or before September 30, 2011, of the
requirements of paragraph (3)(A) for a Head Start agency
that can demonstrate that the agency has attempted
unsuccessfully to recruit an individual who has the
qualifications described in any of clauses (i) through
(iv) of paragraph (3)(A) with respect to an individual
who--
``(i) is enrolled in a program that grants a
credential, certificate, or degree described in
clauses (i) through (iv) of paragraph (3)(A); and
``(ii) will receive such credential,
certificate, or degree under the terms of such
program not later than 180 days after beginning
employment as a teacher with such agency; and
``(B) as of October 1, 2011, a 3-year waiver of the
requirements of paragraph (3)(B) for a Head Start agency
that can demonstrate that--
``(i) the agency has attempted unsuccessfully
to recruit an individual who has the
qualifications described in clause (i) or (ii) of
such paragraph, with respect to an individual who
is enrolled in a program that grants a degree
described in clause (i) or (ii) of such paragraph
and will receive such degree in a reasonable time;
and
``(ii) each Head Start classroom has a teacher
who has, at a minimum--
``(I) a child development associate
credential that is appropriate to the
age of children being served in center-
based programs; or
``(II) a State-awarded certificate
for preschool teachers that meets or
exceeds the requirements for a child
development associate credential.
``(5) Teacher in-service requirement.--Each Head Start
teacher shall attend not less than 15 clock hours of
professional development per year. Such professional development
shall be high-quality, sustained, intensive, and classroom-
focused in order to have a positive and lasting impact on
classroom instruction and the teacher's performance in the
classroom, and regularly evaluated by the program for
effectiveness.
``(6) Service requirements.--The Secretary shall establish
requirements to ensure that, in order to enable Head Start
agencies to comply with the requirements of paragraph (2)(A),
individuals who receive financial assistance under this
subchapter to pursue a degree described in paragraph (2)(A)
shall--
``(A) teach or work in a Head Start program for a
minimum of 3 years after receiving the degree; or
``(B) repay the total or a prorated amount of the
financial assistance received based on the length of
service completed after receiving the degree.
[[Page 121 STAT. 1434]]
``(7) Use of funds.--The Secretary shall require that any
Federal funds provided directly or indirectly to comply with
paragraph (2)(A) shall be used toward degrees awarded by an
institution of higher education, as defined by section 101 or
102 of the Higher Education Act of 1965 (20 U.S.C. 1001,
1002).'';
(2) by amending subsection (c) to read as follows:
``(c) Family Service Workers.--To improve the quality and
effectiveness of staff providing in-home and other services (including
needs assessment, development of service plans, family advocacy, and
coordination of service delivery) to families of children participating
in Head Start programs, the Secretary, in coordination with concerned
public and private agencies and organizations examining the issues of
standards and training for family service workers, shall--
``(1) review and, as necessary, revise or develop new
qualification standards for Head Start staff providing such
services;
``(2) review, and as necessary, revise or develop maximum
caseload requirements, as suggested by best practices;
``(3) promote the development of model curricula (on
subjects including parenting training and family literacy)
designed to ensure the attainment of appropriate competencies by
individuals working or planning to work in the field of early
childhood and family services;
``(4) promote the establishment of a credential that
indicates attainment of the competencies and that is accepted
nationwide; and
``(5) promote the use of appropriate strategies to meet the
needs of special populations (including populations of limited
English proficient children).'';
(3) in subsection (d)--
(A) in paragraph (3)(C), by inserting ``(including a
center)'' after ``agency''; and
(B) in paragraph (6), by striking ``amounts
appropriated under this subchapter and allotted under
section 640(a)(2)(D)'' and inserting ``amounts made
available under section 640(a)(2)(E)''; and
(4) by adding at the end the following:
``(f) Professional Development Plans.--Each Head Start agency and
program shall create, in consultation with an employee, a professional
development plan for all full-time Head Start employees who provide
direct services to children and shall ensure that such plans are
regularly evaluated for their impact on teacher and staff effectiveness.
The agency and the employee shall implement the plan to the extent
feasible and practicable.
``(g) Staff Recruitment and Selection Procedures.--Before a Head
Start agency employs an individual, such agency shall--
``(1) conduct an interview of such individual;
``(2) verify the personal and employment references provided
by such individual; and
``(3) obtain--
``(A) a State, tribal, or Federal criminal record
check covering all jurisdictions where the grantee
provides Head Start services to children;
``(B) a State, tribal, or Federal criminal record
check as required by the law of the jurisdiction where
the grantee provides Head Start services; or
[[Page 121 STAT. 1435]]
``(C) a criminal record check as otherwise required
by Federal law.''.
SEC. 20. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is amended--
(1) by amending subsection (a)(1)(B) to read as follows:
``(B) use the Head Start programs to develop, test,
and disseminate new ideas based on existing
scientifically valid research, for addressing the needs
of low-income preschool children (including children
with disabilities, homeless children, children who have
been abused or neglected, and children in foster care)
and their families and communities (including
demonstrations of innovative non-center-based program
models such as home-based and mobile programs), and
otherwise to further the purposes of this subchapter.'';
(2) in subsection (d)--
(A) in paragraph (8), by adding ``and'' at the end;
(B) by striking paragraphs (9) and (10), and
inserting the following:
``(10)(A) contribute to understanding the impact of Head
Start services delivered in classrooms which include both
children with disabilities and children without disabilities, on
all of the children; and
``(B) disseminate promising practices for increasing the
availability and quality of such services and such
classrooms.'';
(C) in paragraph (5), by striking ``early childhood
education, or child development services'' and inserting
``early childhood education and development or services
programs'';
(D) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(E) by inserting after paragraph (4) the following:
``(5)(A) identify successful strategies that promote good
oral health and provide effective linkages to quality dental
services through pediatric dental referral networks, for infants
and toddlers participating in Early Head Start programs and
children participating in other Head Start programs; and
``(B) identify successful strategies that promote good
vision health through vision screenings for such infants,
toddlers, and children, and referrals for appropriate followup
care for those identified as having a vision problem;''; and
(F) by striking the last sentence; and
(3) in subsection (e)(3), by striking ``child care, early
childhood education, or child development services'' and
inserting ``early childhood education and development services
or programs'';
(4) in subsection (g) by amending paragraph (7)(C) to read
as follows:
``(C) Transmittal of report to congress.--Not later
than September 30, 2009, the Secretary shall transmit
the final report to the Committee on Education and Labor
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.'';
and
(5) by striking subsection (h) and inserting the following:
[[Page 121 STAT. 1436]]
``(h) Limited English Proficient Children.--
``(1) Study.--Not later than 1 year after the date of
enactment of the Improving Head Start for School Readiness Act
of 2007, the Secretary shall conduct a study on the status of
limited English proficient children and their families
participating in Head Start programs (including Early Head Start
programs).
``(2) Report.--The Secretary shall prepare and submit to the
Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of
the Senate, not later than September 30, 2010, a report
containing the results of the study, including information on--
``(A) the demographics of limited English proficient
children from birth through age 5, including the number
of such children receiving Head Start services and Early
Head Start services, and the geographic distribution of
children described in this subparagraph;
``(B) the nature of the Head Start services and of
the Early Head Start services provided to limited
English proficient children and their families,
including the types, content, duration, intensity, and
costs of family services, language assistance, and
educational services;
``(C) procedures in Head Start programs and Early
Head Start programs for the assessment of language needs
and the transition of limited English proficient
children to kindergarten, including the extent to which
such programs meet the requirements of section 642A for
limited English proficient children;
``(D) the qualifications and training provided to
Head Start teachers and Early Head Start teachers who
serve limited English proficient children and their
families;
``(E) the languages in which Head Start teachers and
Early Head Start teachers are fluent, in relation to the
population, and instructional needs, of the children
served;
``(F) the rate of progress made by limited English
proficient children and their families in Head Start
programs and in Early Head Start programs, including--
``(i) the rate of progress made by limited
English proficient children toward meeting the
additional educational standards described in
section 641A(a)(1)(B)(ii) while enrolled in such
programs;
``(ii) a description of the type of assessment
or assessments used to determine the rate of
progress made by limited English proficient
children;
``(iii) the correlation between such progress
and the type and quality of instruction and
educational programs provided to limited English
proficient children; and
``(iv) the correlation between such progress
and the health and family services provided by
such programs to limited English proficient
children and their families; and
``(G) the extent to which Head Start programs and
Early Head Start programs make use of funds under
section 640(a)(2)(D) to improve the quality of such
services
[[Page 121 STAT. 1437]]
provided to limited English proficient children and
their families.
``(i) Research and Evaluation Activities Relevant to Diverse
Communities.--For purposes of conducting the study described in
subsection (h), activities described in section 640(l)(5)(A), and other
research and evaluation activities relevant to limited English
proficient children and their families, migrant and seasonal farmworker
families, and other families from diverse populations served by Head
Start programs, the Secretary shall award, on a competitive basis, funds
from amounts made available under section 640(a)(2)(D) to 1 or more
organizations with a demonstrated capacity for serving and studying the
populations involved.
``(j) Review of Assessments.--
``(1) Application of study.--When the study on Developmental
Outcomes and Assessments for Young Children by the National
Academy of Sciences is made available to the Secretary, the
Secretary shall--
``(A) integrate the results of the study, as
appropriate and in accordance with paragraphs (2) and
(3), into each assessment used in Head Start programs;
and
``(B) use the results of the study to develop,
inform, and revise as appropriate the standards and
measures described in section 641A, consistent with
section 641A(a)(2)(C)(ii).
``(2) Inform and revise.--In informing and revising any
assessment used in the Head Start programs, the Secretary
shall--
``(A) receive recommendations from the Panel on
Developmental Outcomes and Assessments for Young
Children of the National Academy of Sciences; and
``(B) with respect to the development or refinement
of such assessment, ensure--
``(i) consistency with relevant, nationally
recognized professional and technical standards;
``(ii) validity and reliability for all
purposes for which assessments under this
subchapter are designed and used;
``(iii) developmental and linguistic
appropriateness of such assessments for children
assessed, including children who are limited
English proficient; and
``(iv) that the results can be used to improve
the quality of, accountability of, and training
and technical assistance in, Head Start programs.
``(3) Additional requirements.--The Secretary, in carrying
out the process described in paragraph (2), shall ensure that--
``(A) staff administering any assessments under this
subchapter have received appropriate training to
administer such assessments;
``(B) appropriate accommodations for children with
disabilities and children who are limited English
proficient are made;
``(C) the English and Spanish (and any other
language, as appropriate) forms of such assessments are
valid and reliable in the languages in which they are
administered; and
[[Page 121 STAT. 1438]]
``(D) such assessments are not used to exclude
children from Head Start programs.
``(4) Suspended implementation of national reporting
system.--The Secretary shall suspend implementation and
terminate further development and use of the National Reporting
System.
``(k) Indian Head Start Study.--The Secretary shall--
``(1) work in collaboration with the Head Start agencies
that carry out Indian Head Start programs, the Indian Head Start
collaboration director, and other appropriate entities,
including tribal governments and the National Indian Head Start
Directors Association--
``(A) to undertake a study or set of studies
designed to focus on the American Indian and Alaska
Native Head Start-eligible population, with a focus on
issues such as curriculum development, availability and
need for services, appropriate research methodologies
and measures for these populations, and best practices
for teaching and educating American Indian and Alaska
Native Head Start Children;
``(B) to accurately determine the number of children
nationwide who are eligible to participate in Indian
Head Start programs each year;
``(C) to document how many of these children are
receiving Head Start services each year;
``(D) to the extent practicable, to ensure that
access to Indian Head Start programs for eligible
children is comparable to access to other Head Start
programs for other eligible children; and
``(E) to make the funding decisions required in
section 640(a)(4)(D)(ii), after completion of the
studies required in that section, taking into account--
``(i) the Federal government's unique trust
responsibility to American Indians and Alaska
Natives;
``(ii) limitations faced by tribal communities
in accessing non-Federal sources of funding to
supplement Federal funding for early childhood
programs; and
``(iii) other factors that uniquely and
adversely impact children in American Indian and
Alaska Native communities such as highly elevated
poverty, unemployment and violent crime rates, as
well as depressed levels of educational
achievement and limited access to non-Federal
health, social and educational resources;
``(2) in carrying out paragraph (1), consult with the
Secretary of Education about the Department of Education's
systems for collecting and reporting data about, and maintaining
records on, American Indian and Alaska Native students;
``(3) <<NOTE: Deadline. Federal Register, publication.>> not
later than 9 months after the effective date of this subsection,
publish in the Federal Register a notice of how the Secretary
plans to carry out paragraph (1) and shall provide a period for
public comment. To the extent practicable, the Secretary shall
consider comments received before submitting a report to the
Congress;
``(4) <<NOTE: Deadline. Reports.>> not later than 1 year
after the effective date of this subsection, submit a report to
the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate,
[[Page 121 STAT. 1439]]
detailing how the Department of Health and Human Services plans
to carry out paragraph (1);
``(5) <<NOTE: Regulations. Confidentiality.>> through
regulation, ensure the confidentiality of any personally
identifiable data, information, and records collected or
maintained by the Secretary, by Head Start agencies that carry
out Indian Head Start programs, and by State Directors of Head
Start Collaboration, by the Indian Head Start Collaboration
Project Director and by other appropriate entities pursuant to
this subsection (such regulations shall provide the policies,
protections, and rights equivalent to those provided a parent,
student, or educational agency or institution under section 444
of the General Education Provisions Act); and
``(6) ensure that nothing in this subsection shall be
construed to authorize the development of a nationwide database
of personally identifiable information on individuals involved
in studies or other collections of data under this subsection.
``(l) Migrant and Seasonal Head Start Program Study.--
``(1) Data.--In order to increase access to Head Start
services for children of migrant and seasonal farmworkers, the
Secretary shall work in collaboration with providers of migrant
and seasonal Head Start programs, the Secretary of Agriculture,
the Secretary of Labor, the Bureau of Migrant Health, and the
Secretary of Education to--
``(A) collect, report, and share data, within a
coordinated system, on children of migrant and seasonal
farmworkers and their families, including health records
and educational documents of such children, in order to
adequately account for the number of children of migrant
and seasonal farmworkers who are eligible for Head Start
services and determine how many of such children receive
the services; and
``(B) identify barriers that prevent children of
migrant and seasonal farmworkers who are eligible for
Head Start services from accessing Head Start services,
and develop a plan for eliminating such barriers,
including certain requirements relating to tracking,
health records, and educational documents, and
increasing enrollment.
``(2) <<NOTE: Deadline. Federal Register,
publication.>> Publication of plan.--Not later than 1 year after
the date of enactment of the Improving Head Start for School
Readiness Act of 2007, the Secretary shall publish in the
Federal Register a notice about how the Secretary plans to
implement the activities identified in paragraph (1) and shall
provide a period for public comment. To the extent practicable,
the Secretary shall consider comments received before
implementing any of the activities identified in paragraph (1).
``(3) Report.--Not later than 18 months after the date of
enactment of the Improving Head Start for School Readiness Act
of 2007, and annually thereafter, the Secretary shall submit a
report to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate detailing how the Secretary plans to
implement the activities identified in paragraph (1), including
the progress made in reaching out to and serving eligible
children of migrant and seasonal farmworkers, and information on
States where such children are still underserved.
[[Page 121 STAT. 1440]]
``(4) <<NOTE: Regulations.>> Protection of
confidentiality.--The Secretary shall, through regulation,
ensure the protection of the confidentiality of any personally
identifiable data, information, and records collected or
maintained by the Secretary, by Head Start agencies that carry
out migrant or seasonal Head Start programs, by the State
director of Head Start Collaboration, and by the Migrant and
Seasonal Farmworker Collaboration project Director (such
regulations shall provide the policies, protections, and rights
equivalent to those provided a parent, student, or educational
agency or institution under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g)).
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the development of a nationwide
database of personally identifiable data, information, or
records on individuals involved in studies or other collections
of data under this subsection.
``(m) Program Emergency Preparedness.--
``(1) Purpose.--The purpose of this subsection is to
evaluate the emergency preparedness of the Head Start programs,
including Early Head Start programs, and make recommendations
for how Head Start shall enhance its readiness to respond to an
emergency.
``(2) Study.--The Secretary shall evaluate the Federal,
State, and local preparedness of Head Start programs, including
Early Head Start programs, to respond appropriately in the event
of a large-scale emergency, such as the hurricanes Katrina,
Rita, and Wilma, the terrorist attacks of September 11, 2001, or
other incidents where assistance may be warranted under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
``(3) Report to congress.--Not later than 18 months after
the date of the enactment of the Improving Head Start for School
Readiness Act of 2007, the Secretary shall prepare and submit to
Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of
the Senate a report containing the results of the evaluation
required under paragraph (2), including--
``(A) recommendations for improvements to Federal,
State, and local preparedness and response capabilities
to large-scale emergencies, including those that were
developed in response to hurricanes Katrina, Rita, and
Wilma, as they relate to Head Start programs, including
Early Head Start programs, and the Secretary's plan to
implement such recommendations;
``(B) an evaluation of the procedures for informing
families of children in Head Start programs about the
program protocols for response to a large-scale
emergency, including procedures for communicating with
such families in the event of a large-scale emergency;
``(C) an evaluation of such procedures for staff
training on State and local evacuation and emergency
protocols; and
``(D) an evaluation of procedures for Head Start
agencies and the Secretary to coordinate with
appropriate Federal, State, and local emergency
management agencies in
[[Page 121 STAT. 1441]]
the event of a large scale emergency and recommendations
to improve such procedures.''.
SEC. 21. REPORTS.
Section 650 of the Head Start Act (42 U.S.C. 9846) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Education and the
Workforce'' and inserting ``Education and Labor'';
(ii) by striking ``Labor and Human Resources''
and inserting ``Health, Education, Labor, and
Pensions''; and
(iii) by striking ``(including disabled and
non-English language background children)'' and
inserting ``(including children with disabilities,
limited English proficient children, homeless
children, children in foster care, and children
participating in Indian Head Start programs and
migrant or seasonal Head Start programs)'';
(B) in paragraph (2), by inserting before the
semicolon the following: ``, and information on the
number of children served under this subsection,
disaggregated by type of eligibility criterion'';
(C) in paragraph (3), by striking ``funds expended''
and all that follows through ``640(a)(3),'' and
inserting ``funds made available under section 640(a)'';
(D) in paragraph (8), by inserting ``homelessness,
whether the child is in foster care or was referred by a
child welfare agency,'' after ``background,'';
(E) in paragraph (12), by inserting ``vision care,''
after ``dental care,'';
(F) in paragraph (14)--
(i) by striking ``Alaskan Natives'' and
inserting ``Alaska Natives''; and
(ii) by striking ``seasonal farmworkers'' and
inserting ``seasonal farmworker families''; and
(G) in the flush matter at the end--
(i) by striking ``Education and the
Workforce'' and inserting ``Education and Labor'';
and
(ii) by striking ``Labor and Human Resources''
and inserting ``Health, Education, Labor, and
Pensions'';
(2) in subsection (b)--
(A) by striking ``Education and the Workforce'' and
inserting ``Education and Labor'';
(B) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions'';
and
(C) by striking ``Native Alaskan'' and inserting
``Alaska Native''; and
(3) by adding at the end the following:
``(c) Fiscal Protocol.--
``(1) In general.--The Secretary shall conduct an annual
review to assess whether the design and implementation of the
triennial reviews described in section 641A(c) include
compliance procedures that provide reasonable assurances that
Head Start agencies are complying with applicable fiscal laws
and regulations.
[[Page 121 STAT. 1442]]
``(2) Report.--Not later than 30 days after the date the
Secretary completes the annual review under paragraph (1), the
Secretary shall report the findings and conclusions of the
annual review to the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
``(d) Disability-Related Services.--
``(1) In general.--The Secretary shall track the provision
of disability-related services for children, in order to--
``(A) determine whether Head Start agencies are
making timely referrals to the State or local agency
responsible for providing services under section 619 or
part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.);
``(B) identify barriers to timely evaluations and
eligibility determinations by the State or local agency
responsible for providing services under section 619 or
part C of the Individuals with Disabilities Education
Act; and
``(C) determine under what circumstances and for
what length of time Head Start agencies are providing
disability-related services for children who have not
been determined under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to be children
with disabilities.
``(2) Report.--Not later than 1 year after the date of
enactment of the Improving Head Start for School Readiness Act
of 2007, the Secretary shall provide a report to the Committee
on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate on the activities described in paragraph (1).
``(e) Evaluation and Recommendations Regarding Obesity Prevention.--
Not later than 1 year after the date of enactment of the Improving Head
Start for School Readiness Act of 2007 the Secretary shall submit to the
Committee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
report on the Secretary's progress in assisting program efforts to
prevent and reduce obesity in children who participate in Head Start
programs, including progress on implementing initiatives within the Head
Start program to prevent and reduce obesity in such children.''.
SEC. 22. COMPARABILITY OF WAGES.
Section 653 of the Head Start Act (42 U.S.C. 9848) is amended--
(1) by striking ``The Secretary shall take'' and inserting
``(a) Comparability of Wages.--The Secretary shall take''; and
(2) by adding at the end the following:
``(b) Limitation.--
``(1) In general.--Notwithstanding any other provision of
law, no Federal funds may be used to pay any part of the
compensation of an individual employed by a Head Start agency,
if such compensation, including non-Federal funds, exceeds an
amount equal to the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States Code.
``(2) Compensation.--In this subsection, the term
`compensation'--
[[Page 121 STAT. 1443]]
``(A) includes salary, bonuses, periodic payments,
severance pay, the value of any vacation time, the value
of a compensatory or paid leave benefit not excluded by
subparagraph (B), and the fair market value of any
employee perquisite or benefit not excluded by
subparagraph (B); and
``(B) excludes any Head Start agency expenditure for
a health, medical, life insurance, disability,
retirement, or any other employee welfare or pension
benefit.''.
SEC. 23. LIMITATION WITH RESPECT TO CERTAIN UNLAWFUL ACTIVITIES.
Section 655 of the Head Start Act (42 U.S.C. 9850) is amended by
inserting ``or in'' after ``assigned by''.
SEC. 24. POLITICAL ACTIVITIES.
Section 656 of the Head Start Act (42 U.S.C. 9851) is amended--
(1) by striking all that precedes ``chapter 15'' and
inserting the following:
``SEC. 656. POLITICAL ACTIVITIES.
``(a) State or Local Agency.--For purposes of''; and
(2) by striking subsection (b) and inserting the following:
``(b) Restrictions.--
``(1) In general.--A program assisted under this subchapter,
and any individual employed by, or assigned to or in, a program
assisted under this subchapter (during the hours in which such
individual is working on behalf of such program), shall not
engage in--
``(A) any partisan or nonpartisan political activity
or any other political activity associated with a
candidate, or contending faction or group, in an
election for public or party office; or
``(B) any activity to provide voters or prospective
voters with transportation to the polls or similar
assistance in connection with any such election.
``(2) Registration.--No funds appropriated under this
subchapter may be used to conduct voter registration activities.
Nothing in this subchapter prohibits the availability of Head
Start facilities during hours of operation for the use of any
nonpartisan organization to increase the number of eligible
citizens who register to vote in elections for Federal office.
``(3) Rules and regulations.--The Secretary, after
consultation with the Director of the Office of Personnel
Management, may issue rules and regulations to provide for the
enforcement of this section, which may include provisions for
summary suspension of assistance or other action necessary to
permit enforcement on an emergency basis.''.
SEC. 25. PARENTAL CONSENT REQUIREMENT FOR HEALTH SERVICES.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by adding at
the end the following:
[[Page 121 STAT. 1444]]
``SEC. 657A. <<NOTE: 42 USC 9852a.>> PARENTAL CONSENT REQUIREMENT
FOR NONEMERGENCY INTRUSIVE PHYSICAL
EXAMINATIONS.
``(a) Definition.--The term `nonemergency intrusive physical
examination' means, with respect to a child, a physical examination
that--
``(1) is not immediately necessary to protect the health or
safety of the child involved or the health or safety of another
individual; and
``(2) requires incision or is otherwise invasive, or
involves exposure of private body parts.
``(b) Requirement.--A Head Start agency shall obtain written
parental consent before administration of any nonemergency intrusive
physical examination of a child in connection with participation in a
program under this subchapter.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit agencies from using established methods, for
handling cases of suspected or known child abuse and neglect, that are
in compliance with applicable Federal, State, or tribal law.''.
SEC. 26. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
The Head Start Act (42 U.S.C. 9831 et seq.), as amended by section
25, is further amended by adding at the end the following:
``SEC. 657B. <<NOTE: 42 USC 9852b.>> CENTERS OF EXCELLENCE IN
EARLY CHILDHOOD.
``(a) Definition.--In this section, the term `center of excellence'
means a Center of Excellence in Early Childhood designated under
subsection (b).
``(b) Designation and Bonus Grants.--The Secretary shall, subject to
the availability of funds under this section, establish a program under
which the Secretary shall--
``(1) designate not more than 200 exemplary Head Start
agencies (including Early Head Start agencies, Indian Head Start
agencies, and migrant and seasonal Head Start agencies) as
Centers of Excellence in Early Childhood; and
``(2) make bonus grants to the centers of excellence to
carry out the activities described in subsection (d).
``(c) Application and Designation.--
``(1) Application.--
``(A) Nomination and submission.--
``(i) In general.--To be eligible to receive a
designation as a center of excellence under
subsection (b), except as provided in clause (ii),
a Head Start agency in a State shall be nominated
by the Governor of the State, after selection for
nomination by such Governor through a competitive
process, and shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary may
require.
``(ii) Indian and migrant and seasonal head
start programs.--In the case of an Indian Head
Start agency or a migrant or seasonal Head Start
agency, to be eligible to receive a designation as
a center of excellence under subsection (b), such
an agency shall be nominated by the head of the
appropriate regional office of the Department of
Health and Human Services
[[Page 121 STAT. 1445]]
and shall submit an application to the Secretary
in accordance with clause (i).
``(B) Contents.--At a minimum, the application shall
include--
``(i) evidence that the Head Start program
carried out by the agency involved has
significantly improved the school readiness of
children who have participated in the program;
``(ii) evidence that the program meets or
exceeds standards described in section 641A(a)(1),
as evidenced by the results of monitoring reviews
described in section 641A(c), and has no findings
of deficiencies in the preceding 3 years;
``(iii) evidence that the program is making
progress toward meeting the requirements described
in section 648A;
``(iv) an assurance that the Head Start agency
will develop a collaborative partnership with the
State (or a State agency) and other providers of
early childhood education and development programs
and services in the local community involved to
conduct activities under subsection (d);
``(v) a nomination letter from the Governor,
or appropriate regional office, demonstrating the
agency's ability to provide the coordination,
transition, and training services of the program
to be carried out under the bonus grant involved,
including coordination of activities with State
and local agencies that provide early childhood
education and development to children and families
in the community served by the agency, and carry
out the activities described under subsection
(d)(1); and
``(vi) a description of how the center
involved, in order to expand accessibility and
continuity of quality early childhood education
and development services and programs, will
coordinate activities, as appropriate, assisted
under this section with--
``(I) programs carried out under the
Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.);
``(II) the Early Head Start programs
carried out under section 645A;
``(III) Early Reading First and Even
Start programs carried out under
subparts 2 and 3 of part B of title I of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6371 et seq.,
6381 et seq.);
``(IV) other preschool programs
carried out under title I of that Act
(20 U.S.C. 6301 et seq.);
``(V) programs carried out under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.);
``(VI) State prekindergarten
programs; and
``(VII) other programs of early
childhood education and development.
``(2) Selection.--In selecting agencies to designate as
centers of excellence under subsection (b), the Secretary shall
[[Page 121 STAT. 1446]]
designate not less than 1 from each of the 50 States, the
District of Columbia, an Indian Head Start program, a migrant or
seasonal Head Start program, and the Commonwealth of Puerto
Rico.
``(3) Priority.--In making bonus grant determinations under
this section, the Secretary shall give priority to agencies
that, through their applications, demonstrate that their
programs are of exceptional quality and would serve as exemplary
models for programs in the same geographic region. The Secretary
may also consider the populations served by the applicants, such
as agencies that serve large proportions of families of limited
English proficient children or other underserved populations,
and may make bonus grants to agencies that do an exceptional job
meeting the needs of children in such populations.
``(4) Term of designation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall designate a Head Start agency as a
center of excellence for a 5-year term. During the
period of that designation, subject to the availability
of appropriations, the agency shall be eligible to
receive a bonus grant under subsection (b).
``(B) Revocation.--The Secretary may revoke an
agency's designation under subsection (b) if the
Secretary determines that the agency is not
demonstrating adequate performance or has had findings
of deficiencies described in paragraph (1)(B)(ii).
``(5) Amount of bonus grant.--The Secretary shall base the
amount of funding provided through a bonus grant made under
subsection (b) to a center of excellence on the number of
children eligible for Head Start services in the community
involved. The Secretary shall, subject to the availability of
funding, make such a bonus grant in an amount of not less than
$200,000 per year.
``(d) Use of Funds.--A center of excellence that receives a bonus
grant under subsection (b)--
``(1) shall use not less than 15 percent of the funds made
available through the bonus grant to disseminate to other Head
Start agencies in the State involved, best practices for
achieving early academic success, including--
``(A) best practices for achieving school readiness,
including developing early literacy and mathematics
skills, for children at risk for school difficulties;
``(B) best practices for achieving the acquisition
of the English language for limited English proficient
children, if appropriate to the population served; and
``(C) best practices for providing high-quality
comprehensive services for eligible children and their
families;
``(2) may use the funds made available through the bonus
grant--
``(A) to provide Head Start services to additional
eligible children;
``(B) to better meet the needs of working families
in the community served by the center by serving more
children in existing Early Head Start programs (existing
as of the date the center is designated under this
section)
[[Page 121 STAT. 1447]]
or in full-working-day, full calendar year Head Start
programs;
``(C) to further coordinate early childhood
education and development programs and services and
social services available in the community served by the
center for at-risk children (birth through age 8), their
families, and pregnant women;
``(D) to provide professional development for Head
Start teachers and staff, including joint training for
Head Start teachers and staff, child care providers,
public and private preschool and elementary school
teachers, and other providers of early childhood
education and development programs;
``(E) to provide effective transitions between Head
Start programs and elementary schools and to facilitate
ongoing communication between Head Start and elementary
school teachers concerning children receiving Head Start
services to improve the teachers' ability to work
effectively with low-income, at-risk children and their
families;
``(F) to develop or maintain partnerships with
institutions of higher education and nonprofit
organizations, including community-based organizations,
that recruit, train, place, and support college students
to serve as mentors and reading partners to preschool
children in Head Start programs; and
``(G) to carry out other activities determined by
the center to improve the overall quality of the Head
Start program carried out by the agency and the program
carried out under the bonus grant involved.
``(e) Research and Reports.--
``(1) <<NOTE: Grants. Contracts.>> Research.--The Secretary
shall, subject to the availability of funds to carry out this
subsection, award a grant or contract to an independent
organization to conduct research on the ability of the centers
of excellence to use the funds received under this section to
improve the school readiness of children receiving Head Start
services, and to positively impact school results in the
earliest grades. The organization shall also conduct research to
measure the success of the centers of excellence at encouraging
the center's delegate agencies, additional Head Start agencies,
and other providers of early childhood education and development
programs in the communities involved to meet measurable
improvement goals, particularly in the area of school readiness.
``(2) Research report.--Not later than 48 months after the
date of enactment of the Improving Head Start for School
Readiness Act of 2007, the organization shall prepare and submit
to the Secretary and Congress a report containing the results of
the research described in paragraph (1).
``(3) Reports to the secretary.--Each center of excellence
shall submit an annual report to the Secretary, at such time and
in such manner as the Secretary may require, that contains a
description of the activities the center carried out with funds
received under this section, including a description of how such
funds improved services for children and families.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years 2008
through 2012 to make bonus grants to centers
[[Page 121 STAT. 1448]]
of excellence under subsection (b) to carry out activities described in
subsection (d) and research and report activities described in
subsection (e).''.
SEC. 27. GENERAL PROVISIONS.
The Head Start Act (42 U.S.C. 9831 et seq.), as amended by section
26, is further amended by adding at the end the following:
``SEC. 657C. <<NOTE: 42 USC 9852c.>> GENERAL PROVISIONS.
``(a) Limitation.--Nothing in this subchapter shall be construed to
authorize or permit the Secretary or any employee or contractor of the
Department of Health and Human Services to mandate, direct, or control,
the selection of a curriculum, a program of instruction, or
instructional materials, for a Head Start program.
``(b) Special Rule.--Nothing in this subchapter shall be construed
to authorize a Head Start program or a local educational agency to
require the other to select or implement a specific curriculum or
program of instruction.
``(c) Definition.--In this subchapter, the term `health', when used
to refer to services or care provided to enrolled children, their
parents, or their siblings, shall be interpreted to refer to both
physical and mental health.''.
SEC. 28. COMPLIANCE WITH IMPROPER PAYMENTS INFORMATION ACT OF
2002.
(a) Definitions.--In this section, the term--
(1) ``appropriate committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(B) the Committee on Education and Labor of the
House of Representatives; and
(2) ``improper payment'' has the meaning given that term
under section 2(d)(2) of the Improper Payments Information Act
of 2002 (31 U.S.C. 3321 note).
(b) Requirement for Compliance Certification and Report.--The
Secretary of Health and Human Services shall submit a report to the
appropriate committees that--
(1) contains a certification that the Department of Health
and Human Services has, for each program and activity of the
Administration for Children and Families, performed and
completed a risk assessment to determine programs and activities
that are at significant risk of making improper payments; and
(2) describes the actions to be taken to reduce improper
payments for the programs and activities determined to be at
significant risk of making improper payments.
SEC. 29. REFERENCES IN OTHER ACTS.
(a) Elementary and Secondary Education Act of 1965.--Section 1112(c)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6312(c)) is amended--
(1) in paragraph (1)(G), by striking ``performance standards
established under section 641A(a) of the Head Start Act'' and
inserting ``education performance standards in effect under
section 641A(a)(1)(B) of the Head Start Act''; and
(2) in paragraph (2)(B), by striking ``Head Start
performance standards as in effect under section 641A(a) of the
Head
[[Page 121 STAT. 1449]]
Start Act'' and inserting ``education performance standards in
effect under section 641A(a)(1)(B) of the Head Start Act''.
(b) Early Learning Opportunities Act.--Section 810(b)(1) of the
Early Learning Opportunities Act (20 U.S.C. 9409(b)(1)) is amended by
striking ``entities funded under section 640(a)(5) of the Head Start Act
(42 U.S.C. 9835(a)(5))'' and inserting ``entities funded under section
640(a)(2)(B)(vi) of the Head Start Act (42 U.S.C. 9835(a)(2)(B)(vi))''.
(c) Richard B. Russell National School Lunch Act.--
(1) Section 9(b)(12)(A)(iii) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)(12)(A)(iii)) is
amended by striking ``the child is a member of a family that
meets the low-income criteria prescribed under section
645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)(A))''
and inserting ``the child meets the eligibility criteria
prescribed under section 645(a)(1)(B) of the Head Start Act (42
U.S.C. 9840(a)(1)(B))''.
(2) Section 17(c)(5) of such Act (42 U.S.C. 1766(c)(5)) is
amended by striking ``the child is a member of a family that
meets the low-income criteria prescribed under section
645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)(A))''
and inserting ``the child meets the eligibility criteria
prescribed under section 645(a)(1)(B) of the Head Start Act (42
U.S.C. 9840(a)(1)(B))''.
Approved December 12, 2007.
LEGISLATIVE HISTORY--H.R. 1429 (S. 556):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 110-67 (Comm. on Education and Labor) and 110-439
(Comm. of Conference).
SENATE REPORTS: No. 110-49 accompanying S. 556 (Comm. on Health,
Education, Labor, and Pensions).
CONGRESSIONAL RECORD, Vol. 153 (2007):
May 2, considered and passed House.
June 19, considered and passed Senate, amended.
Nov. 14, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Dec. 12, Presidential statement.
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