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Title I — Prekindergarten Access

S. 2452 · 113th Congress · Jun 10, 2014 · Lineage

I Prekindergarten Access

A Access to voluntary prekindergarten for low- and moderate-income families

Sec. 111 Purposes

The purposes of this subtitle are to—
(1)
establish a Federal-State partnership to provide access to high-quality public prekindergarten programs for all children from low-income and moderate-income families to ensure that the children enter kindergarten prepared for success;
(2)
broaden participation in such programs to include children from additional middle-class families; and
(3)
promote access to full-day kindergarten, and high-quality early childhood education programs and settings for children.

Sec. 112 Definitions

In this subtitle:
(1)
Child with a disability— The term child with a disability has the meaning—
(A)
given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401); and
(B)
given the term infant or toddler with a disability in section 632 of such Act (20 U.S.C. 1432).
(2)
Comprehensive early learning assessment system— The term comprehensive early learning assessment system—
(A)
means a coordinated and comprehensive system of multiple assessments, each of which is valid and reliable for its specified purpose and for the population with which it will be used, that organizes information about the process and context of young children’s learning and development in order to help early childhood educators make informed instructional and programmatic decisions and that conforms to the recommendations of the National Research Council reports on early childhood; and
(B)
includes, at a minimum—
(i)
child screening measures to identify children who may need follow-up services to address developmental, learning, or health needs in, at a minimum, areas of physical health, behavioral health, oral health, child development, vision, and hearing;
(ii)
child formative assessments;
(iii)
measures of environmental quality; and
(iv)
measures of the quality of adult-child interactions.
(3)
Dual language learner— The term dual language learner means an individual who is limited English proficient as defined in section 637 of the Head Start Act (42 U.S.C. 9832).
(4)
Early childhood education program— The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
(5)
Elementary school— The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6)
Eligible local entity— The term eligible local entity means—
(A)
a local educational agency, including a charter school or a charter management organization that acts as a local educational agency, or an educational service agency in partnership with a local educational agency;
(B)
an entity (including a Head Start program or licensed child care setting) that carries out, administers, or supports an early childhood education program; or
(C)
a consortium of entities described under subparagraph (A) or (B).
(7)
Eligibility determination date— The term eligibility determination date means the date used to determine eligibility for public elementary school in the community in which the eligible local entity involved is located.
(8)
Full-day— The term full-day means a day that is—
(A)
equivalent to a full school day at the public elementary schools in the State; and
(B)
not less than 5 hours a day.
(9)
High-quality prekindergarten program— The term high-quality prekindergarten program means a prekindergarten program supported by an eligible local entity that includes, at a minimum, the following elements based on nationally recognized standards:
(A)
Serves children who—
(i)
are age 4 or children who are age 3 or 4, by the eligibility determination date (including children who turn age 5 while attending the program); or
(ii)
have attained the legal age for State-funded prekindergarten.
(B)
Requires high staff qualifications, including a requirement that a prekindergarten teacher—
(i)
has a bachelor's degree in early childhood education or a related field with coursework that demonstrates competence in early childhood education;
(ii)
(I)
has a bachelor's degree in any field;
(II)
has demonstrated knowledge of early childhood education through passage of a State-approved assessment in early childhood education;
(III)
engages in ongoing professional development in early childhood education for not less than 2 years; and
(IV)
is enrolled in a State-approved educator preparation program in which the teacher receives ongoing training and support in early childhood education and is making progress toward the completion of the program in not more than 3 years; or
(iii)
has a bachelor’s degree in any field with a credential, license, or endorsement that demonstrates competence in early childhood education.
(C)
Maintains a maximum class size of 20 children.
(D)
Maintains a child to instructional staff ratio that does not exceed 10 to 1.
(E)
Offers a full-day program.
(F)
Provides developmentally appropriate learning environments and evidence-based curricula that are aligned with the State’s early learning and development standards.
(G)
Offers instructional staff salaries comparable to kindergarten through grade 12 teaching staff.
(H)
Provides for ongoing monitoring and program evaluation to ensure continuous improvement.
(I)
Offers accessible comprehensive services for children that—
(i)
include, at a minimum—
(I)
screenings for vision, dental, health (including mental health), and development and referrals, and assistance obtaining services, when appropriate;
(II)
family engagement opportunities (taking into account home language), such as parent conferences (including parent input about their child’s development) and support services, such as parent education and family literacy services;
(III)
nutrition services, including nutritious meals and snack options aligned with requirements set by the most recent Child and Adult Care Food Program guidelines promulgated by the Department of Agriculture as well as regular, age-appropriate, nutrition education for children and their families;
(IV)
programs coordinated with local educational agencies and entities providing programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.);
(V)
physical activity programs aligned with evidence-based guidelines, such as those recommended by the Institute of Medicine, and that take into account and accommodate children with disabilities; and
(VI)
additional support services, as appropriate, based on the findings of the needs analysis as described in section 120; and
(ii)
are provided on-site, to the maximum extent feasible.
(J)
Provides high-quality professional development for staff, including regular in-class observation for teachers and teacher assistants by individuals trained in observation and which may include evidence-based coaching.
(K)
Meets the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act (42 U.S.C. 9836a(a)(1)(B)).
(L)
Maintains evidence-based health and safety standards.
(10)
Homeless child— The term homeless child means a child or youth described in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
(11)
Institution of higher education— The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(12)
Local educational agency— The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(13)
Outlying area— The term outlying area means each of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau.
(14)
Poverty line— The term poverty line means the official poverty line (as defined by the Office of Management and Budget)—
(A)
adjusted to reflect the percentage change in the Consumer Price Index for all consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and
(B)
adjusted for family size.
(15)
Secretary— The term Secretary means the Secretary of Education.
(16)
State— Except as otherwise provided in this subtitle, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
(17)
State advisory council on early childhood education and care— The term State Advisory Council on Early Childhood Education and Care means the State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)).

Sec. 113 Program authorization

(a)
In general— From amounts made available to carry out this subtitle, the Secretary, in consultation with the Secretary of Health and Human Services, shall award grants to States to implement high-quality prekindergarten programs, consistent with the purposes of this subtitle. For each fiscal year, the funds provided under the grant shall equal the allotment determined for the State under section 114.
(b)
Prekindergarten for 3-year olds—
(1)
In general— Each State that certifies to the Secretary that it provides access to universally available, voluntary, high-quality prekindergarten programs for 4-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line, may use the State’s allotment under section 114(b) to provide high-quality prekindergarten programs for 3-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line.
(2)
Subgrants— In each State that has a city, county, or local educational agency that provides universally available, voluntary, high-quality prekindergarten programs for 4-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line, the State may use amounts from the State’s allotment under section 114(b) to award subgrants to eligible local entities to enable such entities to provide high-quality prekindergarten programs for 3-year old children who are from families with incomes at or below 200 percent of the poverty line and who reside in such city, county, or local educational agency without diminishing access for 4-year old children in other parts of the State.

Sec. 114 Allotments and reservation of funds

(a)
Reservation— From the amount made available each fiscal year to carry out this subtitle, the Secretary shall—
(1)
reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n));
(2)
reserve 1/2 of 1 percent for the outlying areas to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this subtitle;
(3)
reserve not more than 1/2 of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor; and
(4)
reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation.
(b)
Allotments—
(1)
In general— From the amount made available each fiscal year to carry out this subtitle and not reserved under subsection (a), the Secretary shall make allotments to States in accordance with paragraph (2) that have submitted an approved application.
(2)
Allotment amount—
(A)
In general— Subject to subparagraph (B), the Secretary shall allot the amount made available under paragraph (1) for a fiscal year among the States in proportion to the number of children who are age 4 who reside within the State and are from families with incomes at or below 200 percent of the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all such States for that fiscal year.
(B)
Minimum allotment amount— No State receiving an allotment under subparagraph (A) may receive less than 1/2 of 1 percent of the total amount allotted under such subparagraph.
(3)
Reallotment and carry over—
(A)
In general— If 1 or more States does not receive an allotment under this subsection for any fiscal year, the Secretary may use the amount of the allotments for such State or States for either or both of the following, in such amounts as the Secretary determines appropriate:
(i)
To increase the allotments of States with approved applications, consistent with subparagraph (B).
(ii)
To carry over the funds to the next fiscal year.
(B)
Reallotment— From the total amount available under subparagraph (A)(i), if any, the Secretary shall allot to each State with an approved application an amount that bears the same relationship to that total amount, as the amount the State received under paragraph (2) for that fiscal year bears to the amount that all States with approved applications received under paragraph (2) for that fiscal year.
(4)
State— For purposes of this subsection, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(c)
Flexibility— The Secretary may make minimal adjustments to allotments under this subsection, which shall neither lead to a significant increase or decrease in a State’s allotment determined under subsection (b), based on a set of factors, such as the level of program participation and the estimated cost of the activities specified in the State plan.
(d)
Applications for reserved funds— A tribe, tribal organization, outlying area, or entity for which the Secretary reserves funds under subsection (a) and that desires to receive such funds shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require, including a description of how such tribe, organization, area, or entity will carry out the purposes of this subtitle.

Sec. 115 State eligibility criteria

A State is eligible to receive a grant under this subtitle if the State demonstrates that the State—
(1)
has established, or will establish, early learning and development standards that describe what children from birth to kindergarten entry should know and be able to do, are universally designed and developmentally, culturally, and linguistically appropriate, are aligned with the State's challenging academic content standards and challenging student academic achievement standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)), and cover all of the essential domains of school readiness, which address—
(A)
physical well-being and motor development;
(B)
social and emotional development;
(C)
approaches to learning, including creative arts expression;
(D)
developmentally appropriate oral and written language and literacy development; and
(E)
cognition and general knowledge, including early mathematics and early scientific development;
(2)
has the ability, or will develop the ability, to link prekindergarten data with its elementary school and secondary school data for the purpose of collecting longitudinal information, including through the use of a unique State-assigned student identifier number, for all children participating in the State’s high-quality prekindergarten program and any other federally funded early childhood program;
(3)
offers kindergarten for children who are eligible children for that service in the State; and
(4)
has established or designated, or will establish or designate, a State Advisory Council on Early Childhood Education and Care.

Sec. 116 State applications

(a)
In general— The Governor, or chief executive officer, of a State that desires to receive a grant under this subtitle shall submit an application, in consultation with Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)), if there are Indian tribes and tribal organizations in the State, to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include—
(1)
an assurance that the State—
(A)
will coordinate with and continue to participate in the programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act (42 U.S.C. 711) for the duration of the grant;
(B)
will designate a State-level entity, selected by the Governor or chief executive officer of the State, such as an agency or joint interagency office, for the administration of the grant, which shall coordinate and consult with the State educational agency if the entity is not the State educational agency; and
(C)
will establish, or certify the existence of, program standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 112; and
(2)
a description of—
(A)
how the State will use funds received under this subtitle and the State's matching funds to provide high-quality prekindergarten programs with open enrollment for all children in the State who—
(i)
are described in section 112(9)(A); and
(ii)
are from families with incomes at or below 200 percent of the poverty line;
(B)
how the State plans to develop or enhance a system for monitoring eligible local entities that are receiving funds under this subtitle for compliance with quality standards developed by the State and to provide program improvement support, which may be accomplished through the use of a State-developed system for quality rating and improvement;
(C)
the State’s plan, if applicable, to expand participation in the State's high-quality prekindergarten programs to children from families with incomes above 200 percent of the poverty line;
(D)
the State’s comprehensive early learning assessment system, or how the State plans to develop such a system, ensuring that any assessments are age-appropriate, as well as culturally and developmentally appropriate and, consistent with the recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act (42 U.S.C. 9844(j));
(E)
the State’s plan to develop, implement, and make publicly available the measures and targets described in section 118;
(F)
the State’s plan to increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training and demonstrated competency in early childhood education, including how higher education will support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate and expedite attainment of such degrees;
(G)
how activities funded under this subtitle will be coordinated and integrated with Federal, State, and local services and programs that support early childhood education and care, including programs supported under this subtitle, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Community Services Block Grant Act (42 U.S.C. 9901 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State incentive grant program under section 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), Federally funded early literacy programs, the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act (42 U.S.C. 711), health improvements to child care funded under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.S. 11431 et seq.), the Investing In Innovation program under section 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), programs authorized under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.), programs amended by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351), and any other Federal, State, or local early childhood education programs used in the State;
(H)
how the State will award subgrants to eligible local entities, and in awarding such subgrants, will facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and will expand options for families;
(I)
if the State does not have a funding mechanism for subgranting funds to implement high-quality prekindergarten programs, how the State will use objective criteria in awarding subgrants to eligible local entities that will implement high-quality prekindergarten programs, including actions the State will take to ensure that eligible local entities will coordinate with local educational agencies or other early learning providers, as appropriate, to carry out activities to provide children served under this subtitle with a successful transition from preschool into kindergarten, which activities shall include—
(i)
aligning curricular objectives and instruction;
(ii)
providing staff professional development, including opportunities for joint-professional development on early learning and kindergarten through grade 3 standards, assessments, and curricula;
(iii)
coordinating family engagement and support services; and
(iv)
encouraging the shared use of facilities and transportation, as appropriate;
(J)
how the State early learning and development standards described under section 115(1) will address the needs of dual language learners, including by incorporating benchmarks related to English language development;
(K)
the process by which the State will identify barriers in the State, and propose solutions to overcome such barriers (which may include seeking assistance under section 125), to effectively use and integrate Federal, State, and local public funds and private funds for early childhood education that are available to the State on the date on which the application is submitted;
(L)
the State’s plan to support articulation agreements among public 2-year and public 4-year institutions of higher education and other credit-bearing professional development entities in the State for early childhood teacher preparation programs and closely related fields;
(M)
an inventory of the State’s higher education programs that prepare individuals for work in a high-quality prekindergarten program, including—
(i)
certification programs;
(ii)
associate degree programs;
(iii)
baccalaureate degree programs;
(iv)
master's degree programs; and
(v)
other programs that lead to a specialization in early childhood education, or a closely related field;
(N)
the State’s plan for ensuring that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten programs;
(O)
the State’s plan for supporting workforce development, including State and local policies that support prekindergarten instructional staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, substitutes, and child care services, including nontraditional hour child care;
(P)
the State’s plan for holding eligible local entities accountable for use of funds;
(Q)
the State’s process to ensure that the State's early learning and development standards are integrated into the instructional and programmatic practices of high-quality prekindergarten programs and related programs and services, such as those provided to children under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.);
(R)
if the State funds full-day kindergarten programs, but such full-day kindergarten programs are not available to all children who are eligible to attend such programs in the State, how the State plans to increase the number of children in the State who are enrolled in full-day kindergarten programs and to provide a strategy to implement such a plan;
(S)
if the State does not fund full-day kindergarten programs, a description of how the State plans to establish such programs to strengthen the educational continuum for children who will be involved in the State’s high-quality prekindergarten program supported through grants authorized under this subtitle;
(T)
how the State will encourage eligible local entities to coordinate with community-based learning resources, if available, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, and programs supported by the Corporation for National and Community Service;
(U)
how the State will work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality prekindergarten programs have sufficient and appropriate facilities to meet the needs of children eligible for prekindergarten;
(V)
how the State will support local early childhood coordinating entities, such as local early childhood councils and entities administering shared services networks or models, if applicable, and help such entities to coordinate early childhood education programs with high-quality prekindergarten programs to ensure effective and efficient delivery of early childhood education program services;
(W)
how the State will ensure that the provision of high-quality prekindergarten programs will not lead to a diminution in the quality or supply of services for infants and toddlers or disrupt the care of infants and toddlers in the geographic area served by the eligible local entity, which may include demonstrating that the State will direct funds to provide high-quality early childhood education and care to infants and toddlers in accordance with section 117(d);
(X)
how the State will ensure that all high-quality prekindergarten programs the State supports under this Act will conduct criminal history background checks on employees and applicants for employment with direct access to children; and
(Y)
how the State will provide technical assistance in rural communities to address unique barriers to the implementation of high-quality prekindergarten programs in rural areas.
(b)
Criminal history background checks—
(1)
In general— The criminal history background checks required under subsection (a)(2)(Y) shall include—
(A)
a search of the State criminal registry or repository in the State in which the employee resides and previously resided;
(B)
a search of the State-based child abuse and neglect registries and databases in the State in which the employee resides and previously resided;
(C)
a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
(D)
a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919).
(2)
Prohibition of employment— To be eligible to receive a grant under this subtitle, a State shall prohibit an individual with direct access to children from employment with a program supported with grant funds under this subtitle if the individual has been convicted of a violent felony or any violent or sexual crime against a minor, as defined by the State.
(3)
Updated checks— The criminal history background check that employees undergo as required under subsection (a)(2)(Y) shall be periodically repeated or updated in accordance with State law.
(4)
Appeal process— To be eligible to receive a grant under this subtitle, a State shall provide an individual with a timely process by which to—
(A)
appeal the results of a criminal history background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check; and
(B)
seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check.
(c)
Development of application— In developing an application for a grant under this subtitle, a State shall consult with the State Advisory Council on Early Childhood Education and Care and incorporate such Council’s recommendations, where applicable.
(d)
Construction— Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school employees, school district employees, and the employees of early childhood education programs under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

Sec. 117 State use of funds

(a)
Reservation for quality improvement activities—
(1)
In general— A State that receives a grant under this subtitle may reserve, for not more than the first 4 years such State receives such a grant, not more than 20 percent of the grant funds for quality improvement activities that support the elements of high-quality prekindergarten programs or the activities described in section 116(a)(2). Such quality improvement activities may include—
(A)
supporting teachers, principals, and center directors, in a State’s high-quality prekindergarten program, licensed or regulated child care, or Head Start programs to enable such teachers or directors to earn a baccalaureate degree in early childhood education, or a closely related field, through activities which may include expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for such teachers;
(B)
providing ongoing professional development opportunities, including regular in-class observation by individuals trained in observation and evidence-based coaching or mentoring, for such teachers, directors, and principals, if applicable, and teacher assistants to enable such teachers, directors, and principals, if applicable, and teacher assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address—
(i)
promoting children’s development across all of the essential domains of early learning and development;
(ii)
developmentally appropriate curricula and teacher-child interaction;
(iii)
effective family engagement;
(iv)
providing culturally competent instruction;
(v)
working with a diversity of children and families, including children with special needs and dual language learners;
(vi)
childhood nutrition and physical education programs;
(vii)
social and emotional development; and
(viii)
incorporating age-appropriate strategies of positive behavioral interventions and supports; and
(C)
providing families with increased opportunities to learn how best to support their children’s physical, cognitive, social, and emotional development during the first 5 years of life.
(2)
Not subject to matching— The amount reserved under paragraph (1) shall not be subject to the matching requirements under section 119.
(3)
Coordination— A State that reserves an amount under paragraph (1) shall coordinate the use of such amount with activities funded under section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the Head Start Act (42 U.S.C. 9831 et seq.).
(4)
Construction— A State may not use funds reserved under this subsection to meet the requirement described in section 112(9)(G).
(b)
Subgrants for high-quality prekindergarten programs— A State that receives a grant under this subtitle shall award subgrants of sufficient size to eligible local entities to enable such eligible local entities to implement high-quality prekindergarten programs for children described in section 112(9)(A) who reside within the State and are from families with incomes at or below 200 percent of the poverty line.
(c)
Administration— A State that receives a grant under this subtitle may reserve not more than 1 percent of the grant funds for administration of the grant, and may use part of that reservation for the maintenance of the State Advisory Council on Early Childhood Education and Care.
(d)
Early childhood education and care programs for infants and toddlers—
(1)
Use of allotment for infants and toddlers— An eligible State may apply to use, and the appropriate Secretary may grant permission for the State to use, not more than 15 percent of the funds made available through a grant received under this subtitle to award subgrants to early childhood education programs to provide high-quality early childhood education and care, consistent with the State’s early learning and development guidelines for infants and toddlers, to infants and toddlers who reside within the State and are from families with incomes at or below 200 percent of the poverty line.
(2)
Application— To be eligible to use the grant funds as described in paragraph (1), the State shall submit an application to the appropriate Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall, at a minimum, include a description of how the State will—
(A)
designate a lead agency which shall administer such funds;
(B)
ensure that such lead agency, in coordination with the State Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with programs for infants and toddlers funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.) (including any early learning quality partnerships established under section 645B of the Head Start Act), the Race to the Top and Early Learning Challenge program under section 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act (42 U.S.C. 711), and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(C)
ensure that infants and toddlers who benefit from amounts made available under this subsection will transition to and have the opportunity to participate in a high-quality prekindergarten program supported under this subtitle;
(D)
in awarding subgrants, give preference to early childhood education programs that have a plan to increase services to children with special needs, including children with developmental delays or disabilities, children who are dual language learners, homeless children, children who are in foster care, children of migrant families, children eligible for nutrition assistance under the United States Department of Agriculture’s Food and Nutrition Service, or children in the child welfare system; and
(E)
give priority to activities carried out under this subsection that will increase access to high-quality early childhood education programs for infants and toddlers in local areas with significant concentrations of low-income families that do not currently benefit from such programs.
(3)
Eligible providers— A State may use the grant funds as described in paragraph (1) to serve infants and toddlers only by working with early childhood education program providers that—
(A)
offer full-day, full-year care, or otherwise meet the needs of working families; and
(B)
meet high-quality standards, such as—
(i)
Early Head Start program performance standards under the Head Start Act (42 U.S.C. 9831 et seq.); or
(ii)
high-quality, demonstrated, valid, and reliable program standards that have been established through a national entity that accredits early childhood education programs.
(4)
Federal administration—
(A)
In general— The Secretary of Education shall bear responsibility for obligating and disbursing funds to support activities under this subsection and ensuring compliance with applicable laws and administrative requirements, subject to subparagraph (B).
(B)
Interagency agreement— The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such Secretaries shall set forth in an interagency agreement. The Secretary of Health and Human Services shall be responsible for any final approval of a State's application under this subsection that addresses the use of funds designated for services to infants and toddlers.
(C)
Appropriate secretary— In this subsection, the term appropriate Secretary, when used with respect to a function, means the Secretary designated for that function under the interagency agreement.

Sec. 118 Performance measures and targets

(a)
In general— A State that receives a grant under this subtitle shall develop, implement, and make publicly available performance measures and targets for the activities carried out with grant funds. Such measures shall, at a minimum, track the State’s progress in—
(1)
increasing school readiness across all domains for all categories of children described in section 122(b)(7), including children with disabilities and dual language learners;
(2)
narrowing school readiness gaps between minority and nonminority children, and low-income children and more advantaged children, in preparation for kindergarten entry;
(3)
increasing developmental screening and appropriate referral under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.) to identify children early who are eligible for services under such Act;
(4)
increasing the number of programs meeting the criteria for high-quality prekindergarten programs across all types of eligible local entities, as defined by the State and in accordance with section 112;
(5)
decreasing the need for grade-to-grade retention in elementary school;
(6)
if applicable, ensuring that high-quality prekindergarten programs do not experience instances of chronic absence among the children who participate in such programs;
(7)
increasing the number and percentage of low-income children in high-quality early childhood education programs that receive financial support through funds provided under this subtitle; and
(8)
providing high-quality nutrition services, nutrition education, physical activity, and obesity prevention programs.
(b)
Prohibition of misdiagnosis practices— A State shall not, in order to meet the performance measures and targets described in subsection (a), engage in practices or policies that will lead to the misdiagnosis or under-diagnosis of disabilities or developmental delays among children who are served through programs supported under this subtitle.

Sec. 119 Matching requirements

(a)
Matching funds—
(1)
In general— Except as provided in paragraph (2), a State that receives a grant under this subtitle shall provide matching funds from non-Federal sources, as described in subsection (c), in an amount equal to—
(A)
10 percent of the Federal funds provided under the grant in the first year of grant administration;
(B)
10 percent of the Federal funds provided under the grant in the second year of grant administration;
(C)
20 percent of the Federal funds provided under the grant in the third year of grant administration;
(D)
30 percent of the Federal funds provided under the grant in the fourth year of grant administration;
(E)
40 percent of the Federal funds provided under the grant in the fifth year of grant administration;
(F)
50 percent of the Federal funds provided under the grant in the sixth year of grant administration;
(G)
75 percent of the Federal funds provided under the grant in the seventh year of grant administration; and
(H)
100 percent of the Federal funds provided under the grant in the eighth and all following years of grant administration.
(2)
Reduced match rate— A State that meets the requirements under subsection (b) may provide matching funds from non-Federal sources at a reduced rate. The full reduced matching funds rate shall be in an amount equal to—
(A)
5 percent of the Federal funds provided under the grant in the first year of grant administration;
(B)
5 percent of the Federal funds provided under the grant in the second year of grant administration;
(C)
10 percent of the Federal funds provided under the grant in the third year of grant administration;
(D)
20 percent of the Federal funds provided under the grant in the fourth year of grant administration;
(E)
30 percent of the Federal funds provided under the grant in the fifth year of grant administration;
(F)
40 percent of the Federal funds provided under the grant in the sixth year of grant administration;
(G)
50 percent of the Federal funds provided under the grant in the seventh year of grant administration;
(H)
75 percent of the Federal funds provided under the grant in the eighth year of grant administration; and
(I)
100 percent of the Federal funds provided under the grant in the ninth and following years of the grant administration.
(b)
Reduced match rate eligibility— A State that receives a grant under this subtitle may provide matching funds from non-Federal sources at the full reduced rate under subsection (a)(2) if the State, across all publicly funded programs (including locally funded programs)—
(1)
(A)
offers enrollment in high-quality prekindergarten programs to not less than half of children in the State who are—
(i)
age 4 on the eligibility determination date; and
(ii)
from families with incomes at or below 200 percent of the poverty line; and
(B)
has a plan for continuing to expand access to high-quality prekindergarten programs for such children in the State; and
(2)
has a plan to expand access to high-quality prekindergarten programs to children from moderate income families with incomes above 200 percent of the poverty line.
(c)
Non-Federal Resources—
(1)
In general— A State shall provide the matching funds under this section from non-Federal resources, which may include State funding, local funding, or contributions from philanthropy or other private sources, or a combination of such sources.
(2)
Funds to be considered as matching funds— A State may include, as part of the State's matching funds under this section, not more than 10 percent of the amount of State or local funds designated for State or local public prekindergarten programs or to supplement Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.) as of the date of enactment of this Act, but may not include any funds that are attributed as matching funds, as part of a non-Federal share, or as a maintenance of effort requirement, for any other Federal program.
(d)
Maintenance of Effort—
(1)
In general— If a State reduces its combined fiscal effort per student or the aggregate expenditures within the State to support early childhood education programs for any fiscal year that a State receives a grant authorized under this subtitle relative to the previous fiscal year, the Secretary shall reduce support for such State under this subtitle by the same amount as the decline in State and local effort for such fiscal year.
(2)
Waiver— The Secretary may waive the requirements of paragraph (1) if the Secretary determines that a waiver would be appropriate—
(A)
due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services, including early childhood education programs; or
(B)
due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action.
(e)
Supplement not supplant— Grant funds received under this title shall be used to supplement and not supplant other Federal, State, and local public funds expended on public prekindergarten programs in the State.

Sec. 120 Eligible local entity applications

(a)
In general— An eligible local entity desiring to receive a subgrant under section 117(b) shall submit an application to the State, at such time, in such manner, and containing such information as the State may reasonably require.
(b)
Contents— Each application submitted under subsection (a) shall include the following:
(1)
Parent and family engagement— A description of how the eligible local entity plans to engage the parents and families of the children such entity serves and ensure that parents and families of eligible children, as described in clauses (i) and (ii) of section 116(a)(2)(A), are aware of the services provided by the eligible local entity, which shall include a plan to—
(A)
carry out meaningful parent and family engagement, through the implementation and replication of evidence-based or promising practices and strategies, which shall be coordinated with parent and family engagement strategies supported under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and part A of title I and title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq. and 7201 et seq.), if applicable, in order to—
(i)
provide parents and family members with the skills and opportunities necessary to become engaged and effective partners in their child’s education, particularly the families of dual language learners and children with disabilities, which may include access to family literacy services;
(ii)
improve child development; and
(iii)
strengthen relationships among prekindergarten staff and parents and family members; and
(B)
participate in community outreach to encourage families with eligible children to participate in the eligible local entity's high-quality prekindergarten program, including—
(i)
homeless children;
(ii)
dual language learners;
(iii)
children in foster care;
(iv)
children with disabilities; and
(v)
migrant children.
(2)
Coordination & alignment— A description of how the eligible local entity will—
(A)
coordinate, if applicable, the eligible local entity's activities with—
(i)
Head Start agencies (consistent with section 642(e)(5) of the Head Start Act (42 U.S.C. 9837(e)(5)), if the local entity is not a Head Start agency;
(ii)
local educational agencies, if the local entity is not a local educational agency;
(iii)
providers of services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(iv)
programs carried out under section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1419); and
(v)
if feasible, other entities carrying out early childhood education programs and services within the area served by the local educational agency;
(B)
develop a process with local elementary schools to promote continuity of developmentally appropriate instructional programs and shared expectations for children’s learning and development as children transition to kindergarten;
(C)
organize, if feasible, and participate in joint training, when available, including transition-related training for school staff and early childhood education program staff;
(D)
establish comprehensive transition policies and procedures with elementary school principals, as applicable, for children served by the eligible local entity that support the school readiness of children transitioning to kindergarten, including the transfer of early childhood education program records with parental consent;
(E)
conduct outreach to parents, families, and elementary school teachers and principals to discuss the educational, developmental, and other needs of children entering kindergarten;
(F)
help parents, including parents of children who are dual language learners, understand and engage with the instructional and other services provided by the kindergarten in which such child will enroll after participation in a high-quality prekindergarten program; and
(G)
develop and implement a system to increase program participation of underserved populations of eligible children, especially homeless children, children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), parents of children who are dual language learners, and parents of children with disabilities.
(3)
Protections for special populations— A description of how the eligible local entity will meet the diverse needs of children in the community to be served, including children with disabilities, children whose native language is not English, children with other special needs, children in the State foster care system, and homeless children. Such description shall demonstrate, at a minimum, how the entity plans to—
(A)
ensure the eligible local entity's high-quality prekindergarten program is accessible and appropriate for children with disabilities and dual language learners;
(B)
establish effective procedures for providing early developmental screening and appropriate referral to local agencies responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.);
(C)
establish effective procedures for timely referral of children with disabilities to the State or local agency described in subparagraph (B);
(D)
ensure that the eligible local entity’s high-quality prekindergarten program works with appropriate entities to address the elimination of barriers to immediate and continuous enrollment for homeless children; and
(E)
ensure access to and continuity of enrollment in high-quality prekindergarten programs for migratory children, as defined under section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399), if applicable, and homeless children, including through policies and procedures that require—
(i)
outreach to identify migratory and homeless children;
(ii)
immediate enrollment, including enrollment during the period of time when documents typically required for enrollment, including health and immunization records, proof of eligibility, and other documents, are obtained;
(iii)
continuous enrollment and participation in the same high-quality prekindergarten program for a child, even if the child moves out of the program’s service area, if that enrollment and participation are in the child’s best interest, including by providing transportation when necessary;
(iv)
professional development for high-quality prekindergarten program staff regarding migratory children and homelessness among families with young children; and
(v)
in serving homeless children, collaboration with local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless service providers.
(4)
Comprehensive services— A description of how the eligible local entity plans to provide comprehensive services, as described in section 112(9)(I), to the children the eligible local entity serves. Such description shall provide information on how the entity will—
(A)
use a recently conducted data-driven assessment or conduct a data-driven community assessment in coordination with members of the community, including parents and community organizations, which—
(i)
may involve an external partner with expertise in conducting such needs analysis, to determine the most appropriate social or other support services to offer through the eligible local entity's on-site comprehensive services to children who participate in high-quality prekindergarten programs; and
(ii)
shall consider the resources available at the school, local educational agency, and community levels to address the needs of the community and improve child outcomes; and
(B)
have a coordinated system to facilitate the screening, referral, and provision of services related to health, nutrition, mental health, disability, and family support for children served by the eligible local entity.
(5)
Workforce— A description of how the eligible local entity plans to support the instructional staff of such entity's high-quality prekindergarten program, which shall, at a minimum, include a plan to provide high-quality professional development, or facilitate the provision of high-quality professional development through an outside partner with expertise and a demonstrated track record of success, based on scientifically valid research, that will improve the knowledge and skills of high-quality prekindergarten teachers and staff through activities, which may include—
(A)
acquiring content knowledge and learning teaching strategies needed to provide effective instruction that addresses the State’s early learning and development standards described under section 115(1), including professional training to support the social and emotional development of children;
(B)
enabling high-quality prekindergarten teachers and staff to pursue specialized training in early childhood development;
(C)
enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of dual language learners;
(D)
enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide developmentally appropriate instruction for children with disabilities;
(E)
promoting classroom management;
(F)
providing high-quality induction and support for incoming teachers and staff serving high-quality prekindergarten programs, including through the use of mentoring programs and coaching that have a demonstrated track record of success;
(G)
promoting the acquisition of relevant credentials, including in ways that support career advancement through career ladders; and
(H)
enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide culturally competent instruction for children from diverse backgrounds.

Sec. 121 Required subgrant activities

(a)
In general—
(1)
In general— An eligible local entity that receives a subgrant under section 117(b) shall use the subgrant funds to implement the elements of a high-quality prekindergarten program for the children described in section 117(b).
(2)
Teacher qualifications—
(A)
New prekindergarten teachers— Each eligible local entity that receives a subgrant under section 117(b) shall ensure that all prekindergarten teachers hired after the date of receipt of such subgrant and working in a program supported with funds under such subgrant meet the requirements in section 112(9)(B).
(B)
Existing prekindergarten teachers— Each eligible local entity that receives a subgrant under section 117(b) shall ensure that all prekindergarten teachers hired before the date of receipt of such subgrant and working in a program supported with funds under such subgrant meet the requirements in section 112(9)(B) not later than 3 years after the date of enactment of this Act.
(b)
Coordination—
(1)
Local educational agency partnerships with local early childhood education programs— A local educational agency that receives a subgrant under this subtitle shall provide an assurance that the local educational agency will enter into strong partnerships with local early childhood education programs, including programs supported through the Head Start Act (42 U.S.C. 9831 et seq.).
(2)
Eligible local entities that are not local educational agencies— An eligible local entity that is not a local educational agency that receives a subgrant under this subtitle shall provide an assurance that such entity will enter into strong partnerships with local educational agencies.

Sec. 122 Report and evaluation

(a)
In general— Each State that receives a grant under this subtitle shall prepare an annual report, in such manner and containing such information as the Secretary may reasonably require.
(b)
Contents— A report prepared under subsection (a) shall contain, at a minimum—
(1)
a description of the manner in which the State has used the funds made available through the grant and a report of the expenditures made with the funds;
(2)
a summary of the State’s progress toward providing access to high-quality prekindergarten programs for children eligible for such services, as determined by the State, from families with incomes at or below 200 percent of the poverty line, including the percentage of funds spent on children from families with incomes—
(A)
at or below 100 percent of the poverty line;
(B)
above 100 percent and at or below 150 percent of the poverty line; and
(C)
above 150 percent and at or below 200 percent of the poverty line;
(3)
an evaluation of the State’s progress toward achieving the State’s performance targets, described in section 118;
(4)
data on the number of high-quality prekindergarten program teachers and staff in the State who received training or education during the period of the grant and remained in the early childhood education program field, including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools, according to the setting in which such teachers and staff work (which settings shall include, at a minimum, Head Start programs, public prekindergarten, and child care programs);
(5)
data on the kindergarten readiness of children in the State;
(6)
a description of the State’s progress in effectively using Federal, State, and local public funds and private funds for early childhood education;
(7)
the number and percentage of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners;
(8)
data on the availability, affordability, and quality of infant and toddler care in the State;
(9)
the local educational agency and zip code in which each eligible local entity that receives a subgrant operates;
(10)
information, for each of the local educational agencies described in paragraph (9), on the percentage of the costs of the public early childhood education programs that is funded from Federal, from State, and from local sources, including the percentages from specific funding programs;
(11)
data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners, with information on whether such programs are offered—
(A)
for a full day; and
(B)
at no cost to families;
(12)
data on the number of individuals in the State who are supported with scholarships, if applicable, to meet the baccalaureate degree requirement for high-quality prekindergarten programs, as defined in section 112; and
(13)
if applicable, data on the rates of expulsion, suspension, and similar disciplinary action, of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, and disability.
(c)
Submission— A State shall submit the annual report prepared under subsection (a), at the end of each fiscal year, to the Secretary, the Secretary of Health and Human Services, and the State Advisory Council on Early Childhood Education and Care.
(d)
Cooperation— An eligible local entity that receives a subgrant under this subtitle shall cooperate with all Federal and State efforts to evaluate the effectiveness of the program the entity implements with subgrant funds.
(e)
National report— The Secretary shall compile and summarize the annual State reports described under subsection (c) and shall prepare and submit an annual report to Congress that includes a summary of such State reports.

Sec. 123 Prohibition of required participation or use of funds for assessments

(a)
Prohibition on required participation— A State receiving a grant under this subtitle shall not require any child to participate in any Federal, State, local, or private early childhood education program, including a high-quality prekindergarten program.
(b)
Prohibition on use of funds for assessment— A State receiving a grant under this subtitle and an eligible local entity receiving a subgrant under this subtitle shall not use any grant or subgrant funds to carry out any of the following activities:
(1)
An assessment that provides rewards or sanctions for individual children or teachers.
(2)
An assessment that is used as the primary or sole method for assessing program effectiveness.
(3)
Evaluating children, other than for the purposes of—
(A)
improving instruction or the classroom environment;
(B)
targeting professional development;
(C)
determining the need for health, mental health, disability, or family support services;
(D)
program evaluation for the purposes of program improvement and parent information; and
(E)
improving parent and family engagement.

Sec. 124 Coordination with Head Start programs

(a)
Increased access for younger children— Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services shall develop a process for use in the event that Head Start programs funded under the Head Start Act (42 U.S.C. 9831 et seq.) operate in States or regions that have achieved sustained universal, voluntary access to 4-year old children who reside within the State and who are from families with incomes at or below 200 percent of the poverty line, to high-quality prekindergarten programs and how such Head Start programs will begin converting slots for children who are age 4 on the eligibility determination date to children who are age 3 on the eligibility determination date, or, when appropriate, converting Head Start Programs into Early Head Start programs to serve infants and toddlers.
(b)
Community need and resources— The process described in subsection (a) shall—
(1)
be carried out on a case-by-case basis and shall ensure that sufficient resources and time are allocated for the development of such a process so that no child or cohort is excluded from currently available services; and
(2)
ensure that any conversion shall be based on community need and not on the aggregate number of children served in a State or region that has achieved sustained, universal, voluntary access to high-quality prekindergarten programs.
(c)
Public comment and notice— Not fewer than 90 days after the development of the proposed process described in subsection (a), the Secretary and the Secretary of Health and Human Services shall publish a notice describing such proposed process for conversion in the Federal Register providing at least 90 days for public comment. The Secretaries shall review and consider public comments prior to finalizing the process for conversion of Head Start slots and programs.
(d)
Reports to congress— Concurrently with publishing a notice in the Federal Register as described in subsection (c), the Secretaries shall provide a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed process described in subsection (a), including a description of the degree to which Head Start programs are providing State-funded high-quality prekindergarten programs as a result of the grant opportunity provided under this subtitle in States where Head Start programs are eligible for conversion described in subsection (a).

Sec. 125 Technical assistance in program administration

In providing technical assistance to carry out activities under this title, the Secretary shall coordinate that technical assistance, in appropriate cases, with technical assistance provided by the Secretary of Health and Human Services to carry out the programs authorized under the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the maternal, infant and early childhood home visiting programs assisted under section 511 of the Social Security Act (42 U.S.C. 711).

Sec. 126 Rule of construction

Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act)), national origin, or disability in any program funded under this Act.

Sec. 127 Authorization of appropriations

There are authorized to be appropriated to carry out this subtitle—
(1)
$1,300,000,000 for fiscal year 2015;
(2)
$3,250,000,000 for fiscal year 2016;
(3)
$5,780,000,000 for fiscal year 2017;
(4)
$7,580,000,000 for fiscal year 2018;
(5)
$8,960,000,000 for fiscal year 2019; and
(6)
such sums as may be necessary for each of fiscal years 2020 through 2023.

B Prekindergarten development grants

Sec. 151 Prekindergarten development grants

(a)
In general— The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall award competitive grants to States, local educational agencies, or other local government entities that wish to increase their capacity and build the infrastructure within the State to offer high-quality prekindergarten programs.
(b)
Eligibility of states— A State that is not receiving funds under section 115 may compete for grant funds under this subtitle if the State provides an assurance that the State will, through the support of grant funds awarded under this subtitle, meet the eligibility requirements of section 115 not later than 3 years after the date the State first receives grant funds under this subtitle.
(c)
Grant duration— The Secretary shall award grants under this subtitle for a period of not more than 3 years. Such grants shall not be renewed.
(d)
Application—
(1)
In general— A Governor, or chief executive officer of a State, a local educational agency, or another local government entity that desires to receive a grant under this subtitle shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including, if applicable, a description of how the State plans to become eligible for grants under section 115 by not later than 3 years after the date the State first receives grant funds under this subtitle.
(2)
Development of State application— In developing an application for a grant under this subtitle, a State shall consult with the State Advisory Council on Early Childhood Education and Care and incorporate their recommendations, where applicable.
(e)
Matching requirement—
(1)
In general— To be eligible to receive a grant under this subtitle, a State, local educational agency, or other local government entity shall contribute for the activities for which the grant was awarded non-Federal matching funds in an amount equal to not less than 20 percent of the amount of the grant.
(2)
Non-Federal funds— To satisfy the requirement of paragraph (1), a State, local educational agency, or other local government entity may use—
(A)
non-Federal resources in the form of State funding, local funding, or contributions from philanthropy or other private sources, or a combination of such resources; or
(B)
in-kind contributions.
(3)
Financial hardship waiver— The Secretary may waive paragraph (1) or reduce the amount of matching funds required under that paragraph for a State, local educational agency, or other local government entity that has submitted an application for a grant under this subsection if the State, local educational agency, or other local government entity demonstrates, in the application, a need for such a waiver or reduction due to extreme financial hardship, as determined by the Secretary.
(f)
Subgrants—
(1)
In general— A State, local educational agency, or other local government entity awarded a grant under this subtitle may use the grant funds to award subgrants to eligible local entities, as defined in section 112, to carry out the activities under the grant.
(2)
Subgrantees— An eligible local entity awarded a subgrant under paragraph (1) shall comply with the requirements of this subtitle relating to grantees, as appropriate.
(g)
Authorization of appropriations— There are authorized to be appropriated to carry out this section—
(1)
$750,000,000 for fiscal year 2015; and
(2)
such sums as may be necessary for each of fiscal years 2016 through 2024.