Division A — Education

H.R. 2721 · 114th Congress · Jun 10, 2015 · Lineage

A Education

I Strong Start for America’s Children

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 they enter kindergarten prepared for success;

(2)

broaden participation in such programs to include children from additional middle-class families; and

(3)

promote access to high-quality 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 given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(2)

Comprehensive early learning assessment system— The term comprehensive early learning assessment system—

(A)

means a coordinated and comprehensive system of multiple assessments, each of which is valid and reliable for its specified purpose and for the population with which it will be used, that—

(i)

organizes information about the process and context of young children’s learning and development to help early childhood educators make informed instructional and programmatic decisions; and

(ii)

conforms to the recommendations of the National Research Council reports on early childhood; and

(B)

includes, at a minimum—

(i)

child screening measures;

(ii)

child formative assessments;

(iii)

measures of environmental quality; and

(iv)

measures of the quality of adult-child interactions.

(3)

Dual language learner— The term dual language learner means an individual who is limited English proficient.

(4)

Early childhood education program— The term early childhood education program has the meaning given the term under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

(5)

Elementary school— The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(6)

Eligibility determination date— The term eligibility determination date means the date used to determine eligibility for public elementary school in the community in which the eligible local entity involved is located.

(7)

Eligible local entity— The term eligible local entity means—

(A)

a local educational agency, including—

(i)

a charter school or a charter management organization that acts as a local educational agency; or

(ii)

an educational service agency in partnership with a local educational agency;

(B)

an entity that carries out an early childhood education program; or

(C)

a consortium of entities described in subparagraph (A) or (B).

(8)

Full-day— The term full-day means a day that is—

(A)

equivalent to a full school day at the public elementary schools in a State; and

(B)

not less than 5 hours a day.

(9)

High-quality prekindergarten program— The term high-quality prekindergarten program means a prekindergarten program supported by an eligible local entity that includes, at a minimum, the following elements based on nationally recognized standards:

(A)

Serves children who—

(i)

are age 4 or children who are age 3 or 4, by the eligibility determination date (including children who turn age 5 while attending the program); or

(ii)

have attained the legal age for State-funded prekindergarten.

(B)

Requires high qualifications for staff, including that teachers meet the requirements of 1 of the following clauses:

(i)

The teacher has a bachelor’s degree in early childhood education or a related field with coursework that demonstrates competence in early childhood education.

(ii)

The teacher—

(I)

has a bachelor’s degree in any field;

(II)

has demonstrated knowledge of early childhood education by passing a State-approved assessment in early childhood education;

(III)

while employed as a teacher in the prekindergarten program, is engaged in on-going professional development in early childhood education for not less than 2 years; and

(IV)

not more than 3 years after starting employment as a teacher in the prekindergarten program, enrolls in and completes a State-approved educator preparation program in which the teacher receives training and support in early childhood education.

(iii)

The teacher has a bachelor’s degree with a credential, license, or endorsement that demonstrates competence in early childhood education.

(C)

Maintains an evidence-based maximum class size.

(D)

Maintains an evidence-based child to instructional staff ratio.

(E)

Offers a full-day program.

(F)

Provides developmentally appropriate, evidence-based curricula and learning environments that are aligned with the State’s early learning and development standards described in section 115(1).

(G)

Offers instructional staff salaries comparable to kindergarten through grade 12 teaching staff.

(H)

Provides for ongoing monitoring and program evaluation to ensure continuous improvement.

(I)

Offers accessible comprehensive services for children that include, at a minimum—

(i)

screenings for vision, dental, health (including mental health), and development and referrals, and assistance obtaining services, when appropriate;

(ii)

family engagement opportunities that take into account home language, such as parent conferences (including parent input about their child’s development) and support services, such as parent education;

(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 which take into account and accommodate children with disabilities;

(vi)

additional support services, as appropriate, based on the findings of the needs analysis as described in section 120; and

(vii)

on-site coordination, to the maximum extent feasible.

(J)

Provides high-quality professional development for all staff, including regular in-classroom observation for teachers and teacher assistants by individuals trained in such observation.

(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)

Governor— The term Governor means the chief executive officer of a State.

(11)

Homeless child— The term homeless child means a child or youth described in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).

(12)

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).

(13)

Indian tribe; Tribal organization— The terms Indian tribe and tribal organization have the meanings given the terms in 658P of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858n).

(14)

Limited English proficient— The term limited English proficient has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832).

(15)

Local educational agency; State educational agency; educational service agency— The terms local educational agency, State educational agency, and educational service agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(16)

Migratory child— The term migratory child has the meaning given the term in section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399).

(17)

Outlying area— The term outlying area means each of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau.

(18)

Poverty line— The term poverty line means the official poverty line (as defined by the Office of Management and Budget)—

(A)

adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period or other interval for which the data are available; and

(B)

applicable to a family of the size involved.

(19)

Secondary school— The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(20)

Secretary— The term Secretary means the Secretary of Education.

(21)

State— Except as otherwise provided in this 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.

(22)

State advisory council on early childhood education and care— The term State Advisory Council on Early Childhood Education and Care means the State Advisory Council on Early Childhood Education and Care established under section 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)).

Sec. 113 Program authorization

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 described in section 111. For each fiscal year, the funds provided under a grant by a State shall equal the allotment determined for the State under section 114.

Sec. 114 Allotments and reservations 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;

(2)

reserve ½ 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 ½ 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 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 ½ of 1 percent of the total amount allotted under such subparagraph.

(3)

Reallotment and carry over—

(A)

In general— If one or more States do not receive an allotment under this subsection for any fiscal year, the Secretary may use the amount of the allotment for that State or States, in such amounts as the Secretary determines appropriate, for either or both of the following:

(i)

To increase the allotments of States with approved applications for the fiscal year, consistent with subparagraph (B).

(ii)

To carry over the funds to the next fiscal year.

(B)

Reallotment— In increasing allotments under subparagraph (A)(i), the Secretary shall allot to each State with an approved application an amount that bears the same relationship to the total amount to be allotted under subparagraph (A)(i), as the amount the State received under paragraph (2) for that fiscal year bears to the amount that all States received under paragraph (2) for that fiscal year.

(4)

State— For purposes of this subsection, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(c)

Flexibility— The Secretary may make minimal adjustments to allotments under 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 under section 116(a)(2).

Sec. 115 State eligibility criteria

A State is eligible to receive a grant under this subtitle if the State demonstrates to the Secretary 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 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 for all children participating in the State’s high-quality prekindergarten program and any other federally funded early childhood program that will remain with the child through the child’s public education through grade 12;

(3)

offers State-funded kindergarten for children who are eligible children for that service in the State; and

(4)

has established a State Advisory Council on Early Childhood Education and Care.

Sec. 116 State applications

(a)

In general— To receive a grant under this subtitle, the Governor of a State, in consultation with the Indian tribes and tribal organizations in the State, if any, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include—

(1)

an assurance that the State—

(A)

will coordinate with and continue to participate in the programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 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 (such as an agency or joint interagency office), selected by the Governor, for the administration of the grant, which shall coordinate and consult with the State educational agency if the entity is not the State educational agency; and

(C)

will establish, or certify the existence of, program standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 112;

(2)

a description of the State’s plan to—

(A)

use funds received under this subtitle and the State’s matching funds to provide high-quality prekindergarten programs, in accordance with section 117(d), 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)

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)

if applicable, expand participation in the State’s high-quality prekindergarten programs to children from families with incomes above 200 percent of the poverty line;

(D)

carry out the State’s comprehensive early learning assessment system, or how the State plans to develop such a system, ensuring that any assessments are culturally, developmentally, and age-appropriate and consistent with the recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act (42 U.S.C. 9844);

(E)

develop, implement, and make publicly available the performance measures and targets described in section 119;

(F)

increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training in early childhood education, including how institutions of higher education will support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate and expedite attainment of such degrees;

(G)

coordinate and integrate the activities funded under this subtitle 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.C. 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.), 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)

award subgrants to eligible local entities, and in awarding such subgrants, facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and consider the system’s impact on options for families;

(I)

in the case of a State that does not have a funding mechanism for subgranting funds to implement high-quality prekindergarten, use objective criteria in awarding subgrants to eligible local entities that will implement high-quality prekindergarten programs, including actions the State will take to ensure that eligible local entities will coordinate with local educational agencies or other early learning providers, as appropriate, to carry out activities to provide children served under this 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)

use the State early learning and development standards described in section 115(1) to address the needs of dual language learners, including by incorporating benchmarks related to English language development;

(K)

identify barriers, and propose solutions to overcome such barriers, which may include seeking assistance under section 126, in the State to effectively use and integrate Federal, State, and local public funds and private funds for early childhood education that are available to the State on the date on which the application is submitted;

(L)

support articulation agreements (as defined in section 486A of the Higher Education Act of 1965 (20 U.S.C. 1093a)) between public 2-year and public 4-year institutions of higher education in the State for early childhood teacher preparation programs and related fields;

(M)

ensure that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten programs;

(N)

support workforce development, including State and local policies that support prekindergarten instructional staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, substitutes, and child care services, including non-traditional hour child care;

(O)

hold eligible local entities accountable for use of funds;

(P)

ensure that the State’s early learning and development standards are integrated into the instructional and programmatic practices of high-quality prekindergarten programs and related programs and services, such as those provided to children under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.);

(Q)

increase the number of children in the State who are enrolled in high-quality kindergarten programs and carry out a strategy to implement such a plan;

(R)

coordinate the State’s activities supported by grants under this subtitle with activities in State plans required under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.);

(S)

encourage eligible local entities to coordinate with community-based learning resources, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, and programs supported by the Corporation for National and Community Service;

(T)

work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality prekindergarten programs have sufficient facilities to meet the needs of children eligible for prekindergarten;

(U)

support local early childhood coordinating entities, such as local early childhood councils, if applicable, and help such entities to coordinate early childhood education programs with high-quality prekindergarten programs to ensure effective and efficient delivery of early childhood education program services;

(V)

ensure that the provision of high-quality prekindergarten programs will not lead to a diminution 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); and

(W)

ensure that all high-quality prekindergarten programs the State supports under this Act will conduct criminal history background checks that meet the requirements of subsection (b) on employees and applicants for employment with direct access to children; and

(3)

an inventory of the State’s higher education programs that prepare individuals for work in a high-quality prekindergarten program, including—

(A)

certification programs;

(B)

associate degree programs;

(C)

baccalaureate degree programs;

(D)

master’s degree programs; and

(E)

other programs that lead to a specialization in early childhood education, or a related field.

(b)

Criminal history background checks—

(1)

In general— The criminal history background checks required under subsection (a)(2)(Z) 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— To be eligible to receive a grant under this subtitle, each criminal history background check conducted on an employee as required under subsection (a)(2)(Z) 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, local educational agency 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 if such activities support the elements of high-quality prekindergarten programs. Such quality improvement activities may include supporting teachers and principals in a State’s high-quality prekindergarten program, licensed or regulated child care, or Head Start programs to enable such teachers to earn a baccalaureate degree in early childhood education, or closely related field, through activities which may include—

(A)

expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for such teachers; and

(B)

providing ongoing professional development opportunities, including regular in-classroom observation by individuals trained in such observation, for such teachers, principals, and teachers assistants to enable such teachers, principals, and teachers assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address—

(i)

promoting children’s development across the essential domains of early learning and development;

(ii)

developmentally appropriate 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; and

(vii)

supporting the implementation of evidence-based curricula.

(2)

Not subject to matching— The amount reserved under paragraph (1) shall not be subject to the matching requirements under section 120.

(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 who—

(1)

are described in section 112(9)(A);

(2)

reside within the State; and

(3)

are from families with incomes at or below 200 percent of the poverty line.

(c)

Administration— A State that receives a grant under this 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, consistent with the State’s early learning and development guidelines for infants and toddlers, high-quality early childhood education and care to infants and toddlers who reside within the State and are from families with incomes at or below 200 percent of the poverty line.

(2)

Application— To be eligible to use the grant funds as described in paragraph (1), the State shall submit an application to the appropriate Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall, at a minimum, include a description of how the State will—

(A)

designate a lead agency which shall administer such funds;

(B)

ensure that such lead agency, in coordination with the State’s Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with programs for infants and toddlers funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.) (including any Early Learning Quality Partnerships established in the State under section 645B of the Head Start Act, as added by section 202), the Race to the Top and Early Learning Challenge program under section 14006 of Public Law 111–5 (123 Stat. 283), 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 free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or children in the child welfare system; and

(E)

give priority to activities carried out under this subsection that will increase access to high-quality early childhood education programs for infants and toddlers in local areas with significant concentrations of low-income families that do not currently benefit from such programs.

(3)

Eligible providers— A State may use the grant funds as described in paragraph (1) to serve infants and toddlers only by working with early childhood education program providers that—

(A)

offer full-day, full-year care, or otherwise meet the needs of working families; and

(B)

meet high-quality standards, such as—

(i)

Early Head Start program performance standards under the Head Start Act (42 U.S.C. 9831 et seq.); or

(ii)

high quality, demonstrated, valid, and reliable program standards that have been established through a national entity that accredits early childhood education programs.

(4)

Federal administration—

(A)

In general— The Secretary 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 paragraph (3).

(B)

Interagency agreement— The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such Secretaries shall set forth in an interagency agreement. The Secretary of Health and Human Services shall be responsible for any final approval of a State’s application under this subsection that addresses the use of funds designated for services to infants and toddlers.

(C)

Appropriate secretary— In this subsection, the term appropriate Secretary used with respect to a function, means the Secretary designated for that function under the interagency agreement.

Sec. 118 Additional prekindergarten services

(a)

Prekindergarten for 3-Year-Olds— Each State that certifies to the Secretary that the State provides universally available, voluntary, high-quality prekindergarten programs for 4-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line may use the State’s allocation under section 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.

(b)

Subgrants— In each State that has a city, county, or local educational agency that provides universally available high-quality prekindergarten programs for 4-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line the State may use amounts from the State’s allocation under section 114(b) to award subgrants to eligible local entities to enable such eligible local entities to provide high-quality prekindergarten programs for 3-year-old children who are from families with incomes at or below 200 percent of the poverty line and who reside in such city, county or local educational agency.

Sec. 119 Performance measures and targets

(a)

In general— A State that receives a grant under this subtitle shall develop, implement, and make publicly available the performance measures and targets for the activities carried out with grant funds. Such measures shall, at a minimum, track the State’s progress in—

(1)

increasing school readiness across all domains for all categories of children, as described in section 123(b)(7), including children with disabilities and dual language learners;

(2)

narrowing school readiness gaps between minority and nonminority children, and low-income children and more advantaged children, in preparation for kindergarten entry;

(3)

decreasing placement for children in elementary school in special education programs and services as described in part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.);

(4)

increasing the number of programs meeting the criteria for high-quality prekindergarten programs, 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. 120 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 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—

(1)

(A)

offers enrollment in high-quality prekindergarten programs to not less than half of children in the State who are—

(i)

age 4 on the eligibility determination date; and

(ii)

from families with incomes at or below 200 percent of the poverty line; and

(B)

has a plan for continuing to expand access to high-quality prekindergarten programs for such children in the State; and

(2)

has a plan to expand access to high-quality prekindergarten programs to children from moderate income families whose income exceeds 200 percent of the poverty line.

(c)

Non-Federal resources—

(1)

In cash— A State shall provide the matching funds under this section in cash.

(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 funds designated for State 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—

(A)

the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services, including early childhood education programs; or

(B)

due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action.

(e)

Supplement not supplant— Grant funds received under this 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. 121 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 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, to—

(i)

provide parents and family members with the skills and opportunities necessary to become full partners in their children’s education, particularly the families of dual language learners and children with disabilities;

(ii)

improve child development; and

(iii)

strengthen relationships among prekindergarten staff and parents and family members; and

(B)

perform community outreach to encourage families with eligible children to participate in the eligible local entity’s high-quality prekindergarten program, including—

(i)

homeless children;

(ii)

dual language learners;

(iii)

children in foster care;

(iv)

children with disabilities; and

(v)

migrant children.

(2)

Coordination and alignment— A description of how the eligible local entity will—

(A)

coordinate, if applicable, the eligible local entity’s activities with—

(i)

Head Start agencies (consistent with section 642(e)(5) of the Head Start Act (42 U.S.C. 9837(e)(5))), if the local entity is not a Head Start agency;

(ii)

local educational agencies, if the eligible local entity is not a local educational agency;

(iii)

providers of services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);

(iv)

programs carried out under section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1419); and

(v)

if feasible, other entities carrying out early childhood education programs and services within the area served by the local educational agency;

(B)

if applicable, develop and implement a systematic procedure for transferring, with parental consent, early childhood education program records for each participating child to the school in which such child will enroll in kindergarten;

(C)

develop a plan to promote continuity of developmentally appropriate instructional programs and shared expectations with local elementary schools for children’s learning and development as children transition to kindergarten;

(D)

organize, if feasible, and participate in joint training, when available, including transition-related training for school staff and early childhood education program staff;

(E)

establish comprehensive transition policies and procedures, with applicable elementary schools and principals, for the children served by the eligible local entity that support the school readiness of children transitioning to kindergarten;

(F)

conduct outreach to parents, families, and elementary school teachers and principals to discuss the educational, developmental, and other needs of children entering kindergarten;

(G)

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

(H)

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 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 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, if applicable, and homeless children, including through policies and procedures that require—

(i)

outreach to identify migratory children and homeless children;

(ii)

immediate enrollment, including enrollment during the period of time when documents typically required for enrollment, including health and immunization records, proof of eligibility, and other documents, are obtained;

(iii)

continuous enrollment and participation in the same high-quality prekindergarten program for a child, even if the child moves out of the program’s service area, if that enrollment and participation are in the child’s best interest, including by providing transportation when necessary;

(iv)

professional development for high-quality prekindergarten program staff regarding migratory children and homelessness among families with young children; and

(v)

in serving homeless children, collaboration with local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless service providers.

(4)

Accessible comprehensive services— A description of how the eligible local entity plans to provide accessible comprehensive services, described in section 112(9)(I), to the children the eligible local entity serves. Such description shall provide information on how the entity will—

(A)

conduct a data-driven community assessment in coordination with members of the community, including parents and community organizations, or use a recently conducted data-driven assessment, which—

(i)

may involve an external partner with expertise in conducting such needs analysis, to determine the most appropriate social or other support services to offer through the eligible local entity’s on-site comprehensive services to children who participate in high-quality prekindergarten programs; and

(ii)

shall consider the resources available at the school, local educational agency, and community levels to address the needs of the community and improve child outcomes; and

(B)

have a coordinated system to facilitate the screening, referral, and provision of services related to health, nutrition, mental health, disability, and family support for children served by the eligible local entity.

(5)

Workforce— A description of how the eligible local entity plans to support the instructional staff of such entity’s high-quality prekindergarten program, which shall, at a minimum, include a plan to provide high-quality professional development, or facilitate the provision of high-quality professional development through an external partner with expertise and a demonstrated 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);

(B)

enabling high-quality prekindergarten teachers and staff to pursue specialized training in early childhood development;

(C)

enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of dual language learners;

(D)

enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide developmentally appropriate instruction for children with disabilities;

(E)

promoting classroom management;

(F)

providing high-quality induction and support for incoming high-quality prekindergarten teachers and staff in high-quality prekindergarten programs, including through the use of mentoring programs 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. 122 Required subgrant activities

(a)

In general— An eligible local entity that receives a subgrant under section 117(b) shall use subgrant funds to implement the elements of a high-quality prekindergarten program for the children described in section 117(b).

(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. 123 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)

at or below between 101 and 150 percent of the poverty line; and

(C)

at or below between 151 and 200 percent of the poverty line;

(3)

an evaluation of the State’s progress toward achieving the State’s performance targets, described in section 119;

(4)

data on the number of high-quality prekindergarten program teachers and staff in the State (including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools), according to the setting in which such teachers and staff work (which settings shall include, at a minimum, Head Start programs, public prekindergarten, and child care programs) who received training or education during the period of the grant and remained in the early childhood education program field;

(5)

data on the kindergarten readiness of children in the State;

(6)

a description of the State’s progress in overcoming barriers to the effective use of Federal, State, and local public funds and private funds, for early childhood education;

(7)

the number and percentage of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners;

(8)

data on the availability, affordability, and quality of infant and toddler care in the State;

(9)

the number of operational minutes per week and per year for each eligible local entity that receives a subgrant;

(10)

the local educational agency and ZIP code in which each eligible local entity that receives a subgrant operates;

(11)

information, for each of the local educational agencies described in paragraph (10), on the percentage of the costs of the public early childhood education programs that is funded from Federal, from State, and from local sources, including the percentages from specific funding programs;

(12)

data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners, with information on whether such programs are offered—

(A)

for a full-day; and

(B)

at no cost to families; and

(13)

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.

(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. 124 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, teachers, or principals.

(2)

An assessment that is used as the primary or sole method for assessing program effectiveness.

(3)

Evaluating children, other than for the purposes of—

(A)

improving instruction or the classroom environment;

(B)

targeting professional development;

(C)

determining the need for health, mental health, disability, or family support services;

(D)

program evaluation for the purposes of program improvement and parent information; and

(E)

improving parent and family engagement.

Sec. 125 Coordination with Head Start programs

(a)

Increased access for younger children— Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services shall develop a process—

(1)

for use in the event that Head Start programs funded under the Head Start Act (42 U.S.C. 9831 et seq.) operate in States or regions that have achieved sustained universal, voluntary access to 4-year-old children who reside within the State and who are from families with incomes at or below 200 percent of the poverty line to high-quality prekindergarten programs; and

(2)

for how such Head Start programs will begin converting slots for children who are age 4 on the eligibility determination date to children who are age 3 on the eligibility determination date, or, when appropriate, converting Head Start programs into Early Head Start programs to serve infants and toddlers.

(b)

Community need and resources— The process described in subsection (a) shall—

(1)

be carried out on a case-by-case basis and shall ensure that sufficient resources and time are allocated for the development of such a process so that no child or cohort is excluded from currently available services; and

(2)

ensure that any conversion shall be based on community need and not on the aggregate number of children served in a State or region that has achieved sustained, universal, voluntary access to high-quality prekindergarten programs.

(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. 126 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. 127 Authorization of appropriations

There are authorized to be appropriated to carry out this subtitle—

(1)

$1,300,000,000 for fiscal year 2016;

(2)

$3,250,000,000 for fiscal year 2017;

(3)

$5,780,000,000 for fiscal year 2018;

(4)

$7,580,000,000 for fiscal year 2019;

(5)

$8,960,000,000 for fiscal year 2020; and

(6)

such sums as may be necessary for each of fiscal years 2021 through 2025.

B Prekindergarten Development Grants

Sec. 151 Prekindergarten development grants

(a)

In general— From the amounts appropriated under subsection (f), the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall award competitive grants to States that wish to increase the capacity and build the infrastructure within the State to offer high-quality prekindergarten programs.

(b)

Eligibility— 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)

Grants—

(1)

Duration— The Secretary shall award grants to States under this subtitle for a period of not more than 3 years and such grants shall not be renewed.

(2)

Authority to subgrant—

(A)

In general— A State receiving a grant under this subtitle may use the grant funds to make subgrants to eligible local entities (defined in section 112(7)) to carry out activities under the grant.

(B)

Eligible local entities— An eligible local entity receiving a subgrant under subparagraph (A) shall comply with the requirements for States receiving a grant under this subtitle, as appropriate.

(d)

Application—

(1)

In general— A Governor of a State 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 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 application— In developing an application for a grant under this subtitle, a Governor of 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 shall contribute for the activities for which the grant was awarded non-Federal matching funds in an amount equal to not less than 20 percent of the amount of the grant.

(2)

Non-federal funds— To satisfy the requirement of paragraph (1), a State may use—

(A)

cash; or

(B)

an in-kind contribution.

(3)

Financial hardship waiver— The Secretary may waive paragraph (1) or reduce the amount of matching funds required under that paragraph for a State that has submitted an application for a grant under this subtitle if the State demonstrates, in the application, a need for such a waiver or reduction due to extreme financial hardship, as determined by the Secretary of Education.

(f)

Authorization of Appropriations— There are authorized to be appropriated to carry out this subtitle—

(1)

$750,000,000 for fiscal year 2016; and

(2)

such sums as may be necessary for each of fiscal years 2017 through 2025.

II Restoring Summer Pell Grants

Sec. 201 Federal Pell Grants

Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended—

(1)

by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively;

(2)

in paragraph (2)(A)(ii), by striking “paragraph (7)(B)” each place it appears and inserting “paragraph (8)(B)”; and

(3)

by inserting after paragraph (4), the following:

“(5)

“(A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student’s progress toward a degree or certificate if the student is enrolled—

“(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and

“(ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate.

“(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.”

III Restoring Title IV Ability-to-Benefit Eligibility

Sec. 301 Ability-to-benefit eligibility

(a)

In general— Section 484(d) of the Higher Education Act of 1965 (20 U.S.C. 1091(d)) is amended to read as follows:

“(d) Students who are not high school graduates—In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this title, the student shall meet one of the following standards:

“(1) The student shall take an independently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the Secretary on the basis of compliance with such standards for development, administration, and scoring as the Secretary may prescribe in regulations.

“(2) The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions.

“(3) The student has completed a secondary school education in a home school setting that is treated as a home school or private school under State law.

“(4) The student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education upon satisfactory completion of six credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education.”

(b)

Conforming amendment— Section 401(b)(2)(A)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)(ii)) is amended by striking “484(d)(1)(A)” and inserting “484(d)”.

IV Youth Promise/Federal Coordination of Local and Tribal Juvenile Justice Information and Efforts

Sec. 401 PROMISE Advisory Panel

(a)

Organization of State Advisory Group Member Representatives— Section 223(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)) is amended—

(1)

in paragraph (1), by striking “an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3)” and inserting “a nonpartisan, nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986,”; and

(2)

by amending paragraph (2) to read as follows:

“(2) Assistance—To be eligible to receive such assistance, such organization shall—

“(A) be governed by individuals who—

“(i) have been appointed by a chief executive of a State to serve as a State advisory group member under subsection (a)(3); and

“(ii) are elected to serve as a governing officer of such organization by a majority of the Chairs (or Chair-designees) of all such State advisory groups;

“(B) include member representatives from a majority of such State advisory groups, who shall be representative of regionally and demographically diverse States and jurisdictions;

“(C) annually seek appointments by the chief executive of each State of one State advisory group member and one alternate State advisory group member from each such State to implement the advisory functions specified in clauses (iv) and (v) of subparagraph (D), including serving on the PROMISE Advisory Panel, and make a record of any such appointments available to the public; and

“(D) agree to carry out activities that include—

“(i) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups;

“(ii) disseminating information, data, standards, advanced techniques, and program models;

“(iii) reviewing Federal policies regarding juvenile justice and delinquency prevention;

“(iv) advising the Administrator with respect to particular functions or aspects of the work of the Office, and appointing a representative, diverse group of members of such organization under subparagraph (C) to serve as an advisory panel of State juvenile justice advisors (referred to as the PROMISE Advisory Panel) to carry out the functions specified in subsection (g); and

“(v) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention.”

(b)

PROMISE Advisory Panel— Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is further amended by adding at the end the following new subsection:

“(g) PROMISE Advisory Panel

“(1) Functions—The PROMISE Advisory Panel required under subsection (f)(2)(D) shall—

“(A) assess successful evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention carried out by PROMISE Coordinating Councils under section 511 of title V of division A of the Pathways Out of Poverty Act of 2015;

“(B) provide the Administrator with a list of individuals and organizations with experience in administering or evaluating practices that serve youth involved in, or at risk of involvement in, juvenile delinquency and criminal street gang activity, from which the Administrator shall select individuals who shall—

“(i) provide to the Administrator peer reviews of applications submitted by units of local government and Indian tribes pursuant to title V of division A of the Pathways Out of Poverty Act of 2015, to ensure that such applications demonstrate a clear plan to—

“(I) serve youth as part of an entire family unit; and

“(II) coordinate the delivery of service to youth among agencies; and

“(ii) advise the Administrator with respect to the award and allocation of PROMISE Planning grants to local and tribal governments that develop PROMISE Coordinating Councils, and of PROMISE Implementation grants to such PROMISE Coordinating Councils, pursuant to of title V of division A of the Pathways Out of Poverty Act of 2015; and

“(C) develop performance standards to be used to evaluate programs and activities carried out with grants under of title V of division A of the Pathways Out of Poverty Act of 2015, including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity, including—

“(i) prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity;

“(ii) diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity; and

“(iii) financial savings from deferred or eliminated costs, or other benefits, as a result of such programs and activities, and the reinvestment by the unit or tribe of any such savings.

“(2) Annual report—Not later than 18 months after the date of the effective date of this subsection, and annually thereafter, the PROMISE Advisory Panel shall prepare a report containing the findings and determinations under paragraph (1)(A) and shall submit such report to Congress, the President, the Attorney General, and the chief executive and chief law enforcement officer of each State, unit of local government, and Indian tribe.”

(c)

Authorization of appropriations— Section 299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)(1)) is amended to read as follows:

“(1) There are authorized to be appropriated such sums as may be necessary to carry out this title for each of the fiscal years 2015 through 2017.”

Sec. 402 Geographic assessment of resource allocation

(a)

Grant for collection of data To determine need— Subject to the availability of appropriations, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall award a grant, on a competitive basis, to an organization to—

(1)

collect and analyze data related to the existing juvenile delinquency and criminal street gang activity prevention and intervention needs and resources in each designated geographic area;

(2)

use the data collected and analyzed under paragraph (1) to compile a list of designated geographic areas that have the most need of resources, based on such data, to carry out juvenile delinquency and criminal street gang activity prevention and intervention;

(3)

use the data collected and analyzed under paragraph (1) to rank the areas listed under paragraph (2) in descending order by the amount of need for resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention, ranking the area with the greatest need for such resources highest; and

(4)

periodically update the list and rankings under paragraph (3) as the Administrator determines to be appropriate.

(b)

Data sources— In compiling such list and determining such rankings, the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention—

(1)

using the geographic information system and Web-based mapping application known as the Socioeconomic Mapping and Resource Topography (SMART) system;

(2)

from the Department of Health and Human Services, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education; and

(3)

from the annual KIDS Count Data Book and other data made available by the KIDS Count initiative of the Annie E. Casey Foundation.

(c)

Use of data by the administrator— The list and rankings required by this section shall be provided to the Administrator to be used to provide funds under this section in the most strategic and effective manner to ensure that resources and services are provided to youth in the communities with the greatest need for such resources and services.

(d)

Limitation on use of collected data— The information collected and analyzed under this section may not be used for any purpose other than to carry out the purposes of this section. Such information may not be used for any purpose related to the investigation or prosecution of any person, or for profiling of individuals based on race, ethnicity, socio-economic status, or any other characteristic.

(e)

Authorization and limitation of appropriations— Of the amount appropriated for fiscal year 2015 to carry out this section and subtitle A of title V of this Act, not more than 1 percent of such amount, or $1,000,000, whichever is less, shall be available to carry out this section.

V Promise Grants

Sec. 501 Purposes

The purposes of the grant programs established under this title are to—

(1)

enable local and tribal communities to assess the unmet needs of youth who are involved in, or are at risk of involvement in, juvenile delinquency or criminal street gangs;

(2)

develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices; and

(3)

implement and evaluate such plans in a manner consistent with this title.

Sec. 502 Definitions

In this title:

(1)

Administrator— The term Administrator means the Administrator of the Office of Juvenile Justice and Delinquency Prevention.

(2)

Community— The term community means a unit of local government or an Indian tribe, or part of such a unit or tribe, as determined by such a unit or tribe for the purpose of applying for a grant under this title.

(3)

Designated geographic area— The term designated geographic area means a 5-digit postal ZIP Code assigned to a geographic area by the United States Postal Service.

(4)

Evidence-based—

(A)

In general— The term evidence-based, when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) for which the Administrator has determined—

(i)

causal evidence documents a relationship between the practice and its intended outcome, based on measures of the direction and size of a change, and the extent to which a change may be attributed to the practice; and

(ii)

the use of scientific methods rules out, to the extent possible, alternative explanations for the documented change.

(B)

Scientific methods— For the purposes of subparagraph (A), the term scientific methods means—

(i)

evaluation by an experimental trial, in which participants are randomly assigned to participate in the practice that is subject to such trial; or

(ii)

evaluation by a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants.

(5)

Intervention— The term intervention means the provision of programs and services that are supported by research, are evidence-based or promising practices, and are provided to youth who are involved in, or who are identified by evidence-based risk assessment methods as being at high risk of continued involvement in, juvenile delinquency or criminal street gangs, as a result of indications that demonstrate involvement with problems such as truancy, substance abuse, mental health treatment needs, or siblings who have had involvement with juvenile or criminal justice systems.

(6)

Juvenile delinquency and criminal street gang activity prevention— The term juvenile delinquency and criminal street gang activity prevention means the provision of programs and resources to children and families who have not yet had substantial contact with criminal justice or juvenile justice systems, that—

(A)

are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and

(B)

are evidence-based or promising educational, health, mental health, school-based, community-based, faith-based, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks.

(7)

Promising— The term promising, when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) that, based on statistical analyses or a theory of change, the Administrator has determined—

(A)

has outcomes from an evaluation that demonstrate such practice reduces juvenile delinquency and criminal street gang activity; and

(B)

is part of a study being conducted to determine if such a practice is evidence-based.

(8)

State— The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other territories or possessions of the United States.

(9)

Theory of change— The term theory of change means a program planning strategy approved by the Administrator that outlines the types of interventions and outcomes essential to achieving a set of program goals.

(10)

Youth— The term youth means—

(A)

an individual who is 18 years of age or younger; or

(B)

in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger.

A PROMISE Assessment and Planning Grants

Sec. 510 PROMISE Assessment and Planning grants authorized

(a)

Grants authorized— The Administrator is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with planning and assessing evidence-based and promising practices relating to juvenile delinquency and criminal street gang activity prevention and intervention, especially for youth who are involved in, or who are at risk of involvement in, juvenile delinquency and criminal street gang activity. Such PROMISE Coordinating Councils shall—

(1)

conduct an objective needs and strengths assessment in accordance with section 512; and

(2)

develop a PROMISE Plan in accordance with section 513, based on the assessment conducted in accordance with section 512.

(b)

Grant duration, amount, and allocation—

(1)

Duration— A grant awarded under this section shall be for a period not to exceed one year.

(2)

Maximum grant amount— A grant awarded under this section shall not exceed $300,000.

(c)

Allocation—

(1)

Minimum allocation— Subject to the availability of appropriations, the Administrator shall ensure that the total funds allocated under this section to units of local governments and Indian tribes in a State shall not be less than $1,000,000.

(2)

Ratable reduction— If the amount made available for grants under this section for any fiscal year is less than the amount required to provide the minimum allocation of funds under paragraph (1) to units of local government and Indian tribes in each State, then the amount of such minimum allocation shall be ratably reduced.

Sec. 511 PROMISE Coordinating Councils

To be eligible to receive a grant under this subtitle, a unit of local government or an Indian tribe shall establish a PROMISE Coordinating Council for each community of such unit or tribe, respectively, for which such unit or tribe is applying for a grant under this subtitle. Each such community shall include one or more designated geographic areas identified on the list required under section 402(a)(2). The members of such a PROMISE Coordinating Council shall be representatives of public and private sector entities and individuals that—

(1)

shall include, to the extent possible, at least one representative from each of the following:

(A)

the local chief executive’s office;

(B)

a local educational agency;

(C)

a local health agency or provider;

(D)

a local mental health agency or provider, unless the representative under subparagraph (C) also meets the requirements of this subparagraph;

(E)

a local public housing agency;

(F)

a local law enforcement agency;

(G)

a local child welfare agency;

(H)

a local juvenile court;

(I)

a local juvenile prosecutor’s office;

(J)

a private juvenile residential care entity;

(K)

a local juvenile public defender’s office;

(L)

a State juvenile correctional entity;

(M)

a local business community representative; and

(N)

a local faith-based community representative;

(2)

shall include two representatives from each of the following:

(A)

parents who have minor children, and who have an interest in the local juvenile or criminal justice systems;

(B)

youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or tribe; and

(C)

members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or tribe; and

(3)

may include other members, as the unit or tribe determines to be appropriate.

Sec. 512 Needs and strengths assessment

(a)

Assessment— Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall conduct an objective strengths and needs assessment of the resources of the community for which such PROMISE Coordinating Council was established, to identify the unmet needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. Such assessment shall include, with respect to the community for which such PROMISE Coordinating Council was established—

(1)

the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity;

(2)

the number of youth who are involved in juvenile delinquency or criminal street gang activity, including the number of such youth who are at high risk of continued involvement;

(3)

youth unemployment rates during the summer;

(4)

the number of individuals on public financial assistance (including a breakdown of the numbers of men, women, and children on such assistance);

(5)

the estimated number of youth who are chronically truant;

(6)

the number of youth who have dropped out of school in the previous year;

(7)

for the year before such assessment, the estimated total amount expended (by the community and other entities) for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community, including amounts expended for the incarceration of offenders in prisons, jails, and juvenile facilities that are located in the United States but are not located in such community;

(8)

a comparison of the amount under paragraph (7) with an estimation of the amount that would be expended for the incarceration of offenders described in such paragraph if the number of offenders described in such paragraph was equal to the national average incarceration rate per 100,000 population;

(9)

a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community, including school-based programs, after school programs (particularly programs that have activities available for youth between 3 p.m. and 6 p.m. in the afternoon), weekend activities and programs, youth mentoring programs, faith and community-based programs, summer activities, and summer jobs, if any; and

(10)

a description of evidence-based and promising intervention practices available for youth in the community.

(b)

Limitation on use of assessment information— Information gathered pursuant to this section may be used for the sole purpose of developing a PROMISE Plan in accordance with this subtitle.

Sec. 513 PROMISE Plan components

(a)

In general— Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall develop a PROMISE Plan to provide for the coordination of, and, as appropriate, to support the delivery of, evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to youth and families who reside in the community for which such PROMISE Coordinating Council was established. Such a PROMISE Plan shall—

(1)

include the strategy by which the PROMISE Coordinating Council plans to prioritize and allocate resources and services toward the unmet needs of youth in the community, consistent with the needs and available resources of communities with the greatest need for assistance, as determined pursuant to section 402;

(2)

include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community; and

(3)

ensure that cultural and linguistic needs of the community are met.

(b)

Mandatory components— Each PROMISE Plan shall—

(1)

include a plan to connect youth identified in paragraphs (1) and (2) of section 512(a) to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;

(2)

identify the amount or percentage of local funds that are available to the PROMISE Coordinating Council to carry out the PROMISE Plan;

(3)

provide strategies to improve indigent defense delivery systems, with particular attention given to groups of children who are disproportionately represented in the State delinquency system and Federal criminal justice system, as compared to the representation of such groups in the general population of the State;

(4)

provide for training (which complies with the American Bar Association Juvenile Justice Standards for the representation and care of youth in the juvenile justice system) of prosecutors, defenders, probation officers, judges and other court personnel related to issues concerning the developmental needs, challenges, and potential of youth in the juvenile justice system (including training related to adolescent development and mental health issues, and the expected impact of evidence-based practices and cost reduction strategies);

(5)

ensure that the number of youth involved in the juvenile delinquency and criminal justice systems does not increase as a result of the activities undertaken with the funds provided under this subtitle;

(6)

describe the coordinated strategy that will be used by the PROMISE Coordinating Council to provide at-risk youth with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;

(7)

propose the performance evaluation process to be used to carry out section 530(d), which shall include performance measures to assess efforts to address the unmet needs of youth in the community with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; and

(8)

identify the research partner the PROMISE Coordinating Council will use to obtain information on evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, and for the evaluation under section 530(d) of the results of the activities carried out with funds under this subtitle.

(c)

Voluntary components— In addition to the components under subsection (b), a PROMISE Plan may include evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the following categories:

(1)

Early childhood development services (such as pre-natal and neo-natal health services), early childhood prevention, voluntary home visiting programs, nurse-family partnership programs, parenting and healthy relationship skills training, child abuse prevention programs, Early Head Start, and Head Start.

(2)

Child protection and safety services (such as foster care and adoption assistance programs), family stabilization programs, child welfare services, and family violence intervention programs.

(3)

Youth and adolescent development services, including job training and apprenticeship programs, job placement and retention training, education and after school programs (such as school programs with shared governance by students, teachers, and parents, and activities for youth between the hours of 3 p.m. and 6 p.m. in the afternoon), mentoring programs, conflict resolution skills training, sports, arts, life skills, employment and recreation programs, summer jobs, and summer recreation programs, and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy.

(4)

Health and mental health services, including cognitive behavioral therapy, play therapy, and peer mentoring and counseling.

(5)

Substance abuse counseling and treatment services, including harm-reduction strategies.

(6)

Emergency, transitional, and permanent housing assistance (such as safe shelter and housing for runaway and homeless youth).

(7)

Targeted gang prevention, intervention, and exit services such as tattoo removal, successful models of anti-gang crime outreach programs (such as street worker programs), and other criminal street gang truce or peacemaking activities.

(8)

Training and education programs for pregnant teens and teen parents.

(9)

Alternatives to detention and confinement programs (such as mandated participation in community service, restitution, counseling, and intensive individual and family therapeutic approaches).

(10)

Pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community.

Sec. 514 Authorization of appropriations

Subject to the limitation under section 402(e), there are authorized to be appropriated for fiscal year 2015, such sums as may be necessary to carry out this subtitle and section 402.

B PROMISE Implementation Grants

Sec. 530 PROMISE Implementation grants authorized

(a)

PROMISE Implementation grants authorized— The Administrator of the Office of Juvenile Justice and Delinquency Prevention is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with implementing PROMISE Plans developed pursuant to subtitle A.

(b)

Grant duration and amount—

(1)

Duration— A grant awarded under this subtitle shall be for a three-year period.

(2)

Maximum grant amount— A grant awarded under this subtitle shall not be for more than $10,000,000 per year for each year of the grant period.

(c)

Non-Federal funds required— For each fiscal year during the three-year grant period for a grant under this subtitle, each unit of local government or Indian tribe receiving such a grant for a PROMISE Coordinating Council shall provide, from non-Federal funds, in cash or in-kind, 25 percent of the costs of the activities carried out with such grant.

(d)

Evaluation— Of any funds provided to a unit of local government or an Indian tribe for a grant under this subtitle, not more than $100,000 shall be used to provide a contract to a competitively selected organization to assess the progress of the unit or tribe in addressing the unmet needs of youth in the community, in accordance with the performance measures under section 513(b)(7).

Sec. 531 PROMISE Implementation grant application requirements

(a)

Application required— To be eligible to receive a PROMISE Implementation grant under this subtitle, a unit of local government or Indian tribe that received a PROMISE Assessment and Planning grant under subtitle A shall submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention not later than one year after the date such unit of local government or Indian tribe was awarded such grant under subtitle A, in such manner, and accompanied by such information, as the Administrator, after consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), may require.

(b)

Contents of application— Each application submitted under subsection (a) shall—

(1)

identify potential savings from criminal justice costs, public assistance costs, and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;

(2)

document—

(A)

investment in evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to be provided by the unit of local government or Indian tribe;

(B)

the activities to be undertaken with the grants funds;

(C)

any expected efficiencies in the juvenile justice or other local systems to be attained as a result of implementation of the programs funded by the grant; and

(D)

outcomes from such activities, in terms of the expected numbers related to reduced criminal activity;

(3)

describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the PROMISE Plan; and

(4)

provide an assurance that the local fiscal contribution with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the community for which the PROMISE Coordinating Council was established for each year of the grant period will not be less than the local fiscal contribution with respect to such practices in the community for the year preceding the first year of the grant period.

Sec. 532 Grant award guidelines

(a)

Selection and distribution— Grants awarded under this subtitle shall be awarded on a competitive basis. The Administrator shall—

(1)

take such steps as may be necessary to ensure that grants are awarded to units of local governments and Indian tribes in areas with the highest concentrations of youth who are—

(A)

at-risk of involvement in juvenile delinquency or criminal street gang activity; and

(B)

involved in juvenile delinquency or street gang activity and who are at high-risk of continued involvement; and

(2)

give consideration to the need for grants to be awarded to units of local governments and Indian tribes in each region of the United States, and among urban, suburban, and rural areas.

(b)

Extension of grant award— The Administrator may extend the grant period under section 530(b)(1) for a PROMISE Implementation grant to a unit of local government or an Indian tribe, in accordance with regulations issued by the Administrator.

(c)

Renewal of grant award— Subject to the availability of appropriations, the Administrator may renew a PROMISE Implementation grant to a unit of local government or an Indian tribe to provide such unit or tribe with additional funds to continue implementation of a PROMISE Plan. Such a renewal—

(1)

shall be initiated by an application for renewal from a unit of local government or an Indian tribe;

(2)

shall be carried out in accordance with regulations issued by the Administrator; and

(3)

shall not be granted unless the Administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section 523(a) with respect to the community of such unit or tribe for which a PROMISE Coordinating Council was established, and for which such unit or tribe is applying for renewal.

Sec. 533 Reports

Not later than one year after the end of the grant period for which a unit of local government or an Indian tribe receives a PROMISE Implementation grant, and annually thereafter for as long as such unit or tribe continues to receive Federal funding for a PROMISE Coordinating Council, such unit or tribe shall report to the Administrator regarding the use of Federal funds to implement the PROMISE Plan developed under subtitle A.

Sec. 534 Authorization of appropriations

There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for each of the fiscal years 2015 through 2017.

C General PROMISE Grant Provisions

Sec. 540 Nonsupplanting clause

A unit of local government or Indian tribe receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention.

Sec. 541 Grant application review panel

The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in conjunction with the PROMISE Advisory Panel, shall establish and utilize a transparent, reliable, and valid system for evaluating applications for PROMISE Assessment and Planning grants and for PROMISE Implementation grants, and shall determine which applicants meet the criteria for funding, based primarily on a determination of greatest need (in accordance with section 402), with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application.

Sec. 542 Evaluation of PROMISE grant programs

Subject to the availability of appropriations under this title, the Administrator shall, in consultation with the organization provided assistance under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), provide for an evaluation of the programs and activities carried out with grants under this title. In carrying out this section, the Administrator shall—

(1)

award grants to institutions of higher education (including institutions that are eligible to receive funds under part F of title III of the Higher Education Act of 1965 (20 U.S.C. 1067q et seq.)), to facilitate the evaluation process and measurement of achieved outcomes;

(2)

identify evidence-based and promising practices used by PROMISE Coordinating Councils under PROMISE Implementation grants that have proven to be effective in preventing involvement in, or diverting further involvement in, juvenile delinquency or criminal street gang activity; and

(3)

ensure—

(A)

that such evaluation is based on the performance standards that are developed by the PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 401(b) of title IV of this division);

(B)

the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this title; and

(C)

the dissemination of the practices identified in paragraph (2) to units of local government and Indian tribes to promote the use of such practices by such units and tribes to prevent involvement in, or to divert further involvement in, juvenile delinquency or criminal street gang activity.

Lineage

Jun 10, 2015viewing Introduced in House Ms. Lee (for herself, Ms. Bass, Mrs. Beatty, Mr. Carson of Indiana, Mr. Cicilline, Mr. Conyers, Mr. Courtney, Mr. Crowley, Mrs. Davis of California, Mr. DeSaulnier, Mrs. Dingell, Mr. Ellison, Ms. Frankel of Florida, Mr. Gallego, Ms. Hahn, Ms. Jackson Lee, Mr. Johnson of Georgia, Ms. Kuster, Mrs. Lowey, Ms. McCollum, Mr. McNerney, Ms. Moore, Mr. Nadler, Mr. Norcross, Mr. Payne, Mr. Rangel, Mr. Rush, Ms. Schakowsky, Ms. Sewell of Alabama, Mr. Scott of Virginia, Ms. Slaughter, Ms. Speier, Mr. Takano, Mrs. Watson Coleman, Ms. Wilson of Florida, Mr. Vargas, Ms. Norton, Mrs. Torres, Mrs. Lawrence, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on House Administration, Education and the Workforce, Financial Services, Agriculture, Transportation and Infrastructure, Rules, the Budget, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned