Sec. 3. Programs authorized
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The Secretary of Education shall use funds made available to carry out this Act for a fiscal year to award grants, on a competitive basis, to States that have demonstrated the greatest progress in establishing and committing to maintain a system of high-quality State early learning programs, consistent with section 4. The Secretary may use funds made available to carry out this Act for a fiscal year to award grants, on a competitive basis, in accordance with section 5 to States that demonstrate a commitment to establishing and committing to maintain a high-quality system of early learning that will include the components described in section 4(c)(4) but are not— eligible to be awarded a grant under subsection
(a); or awarded such a grant after application. From the amount made available to carry out this Act for a fiscal year, the Secretary— shall reserve not more than 2 percent to administer this Act jointly with the Secretary of Health and Human Services for expenses of both agencies pursuant to the interagency agreement described in subsection (h); and shall reserve not more than 5 percent to carry out activities under section 6 . After making the reservations under paragraph
(1), the Secretary shall reserve 5 percent for a competitive grant demonstration program for Indian tribes to develop and implement school readiness plans and programs that— increase access to high-quality State early learning programs that improve health, social, emotional, cognitive, and physical outcomes and school readiness; and support Native culture in a tribally administered early learning program, including American Indian and Alaska Native Head Start and Early Head Start programs. In applying for a grant under this Act, a Governor shall designate or establish a State-level entity (referred to in this Act as the State ) for administration of the grant. Such entity— shall coordinate proposed activities with the State Advisory Council on Early Childhood Education and Care (established pursuant to section 642B(b)(1)(A) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A) )) and shall incorporate plans and recommendations from such Council in the application, where applicable; and shall submit the application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. In awarding grants under this Act, the Secretary shall give priority to States— whose applications contain assurances that the State will use, in part, funds reserved under section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858e ) for activities described in section 4(c)(4); that demonstrate efforts to build public-private partnerships, including partnerships with nonprofits and private entities, designed to accomplish the purpose of this Act; and that have invested their own funds in early childhood education. Funds available under this Act may be used for evaluating children for the purposes of— improving instruction or classroom environment; targeting professional development; determining the need for health, mental health, disability, or family support services; informing the quality improvement process at the State level; program evaluation for the purposes of program improvement and parent information; research conducted as part of the national evaluation described under section 5; or assessing children’s level of readiness for school success across a broad range of domains of learning and development, including physical well-being and motor development, social and emotional development, approaches toward learning, language development, and cognition and general knowledge. Funds available under this Act may not be used for any of the following: Assessments that provide rewards or sanctions for individual children or teachers. A single assessment used as the primary or sole method for assessing program effectiveness. With respect to each period for which a State is awarded a grant under this Act, the expenditures by the State on State early learning programs shall not be less than the greater of the level of the expenditures for such programs in the prior fiscal year or as of the date of enactment of this Act. The Secretary and the Secretary of Health and Human Services shall jointly develop policy for, and administer, this Act in accordance with such terms as the Secretaries shall set forth in an interagency agreement. The Secretary of Education shall be responsible for obligating and disbursing funds and ensuring compliance with applicable laws and administrative requirements, in accordance with the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ) and parts 74 through 80 of title 34, Code of Federal Regulations.
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