Sec. 117. State use of funds

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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— expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for such teachers; and providing ongoing professional development opportunities, including regular in-class observation by individuals trained in observation, for such teachers, principals, if applicable, and teacher assistants to enable such teachers, principals, if applicable, and teacher assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address— promoting children’s development across the essential domains of early learning and development; developmentally appropriate teacher-child interaction; effective family engagement; providing culturally competent instruction; working with a diversity of children and families, including children with special needs and dual language learners; and childhood nutrition and physical education programs.

The amount reserved under paragraph

(1)shall not be subject to the matching requirements under section 119. 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. ). A State may not use funds reserved under this subsection to meet the requirement described in section 112(9)(G). A State that receives a grant under this subtitle shall award subgrants of sufficient size to eligible local entities to enable such eligible local entities to implement high-quality prekindergarten programs for children described in section 112(9)(A) who reside within the State and are from families with incomes at or below 200 percent of the poverty line. 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. An eligible State may apply to use, and the appropriate Secretary may grant permission for the State to use, not more than 15 percent of the funds made available through a grant received under this subtitle to award subgrants to early childhood education programs to provide high-quality early childhood education and care, consistent with the State’s early learning and development guidelines for infants and toddlers, to infants and toddlers who reside within the State and are from families with incomes at or below 200 percent of the poverty line. 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— designate a lead agency which shall administer such funds; ensure that such lead agency, in coordination with the State Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with programs for infants and toddlers funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), the Head Start Act (42 U.S.C. 9831 et seq.) (including any early learning quality partnerships established under section 645B of the Head Start Act), the Race to the Top and Early Learning Challenge program under section 14006 of 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. ); 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; in awarding subgrants, give preference to early childhood education programs that have a plan to increase services to children with special needs, including children with developmental delays or disabilities, children who are dual language learners, homeless children, children who are in foster care, children of migrant families, children eligible for nutrition assistance under the United States Department of Agriculture’s Food and Nutrition Service, or children in the child welfare system; and 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. 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— offer full-day, full-year care, or otherwise meet the needs of working families; and meet high-quality standards, such as— Early Head Start program performance standards under the Head Start Act (42 U.S.C. 9831 et seq.); or high quality, demonstrated, valid, and reliable program standards that have been established through a national entity that accredits early childhood education programs. 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). 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. In this subsection, the term appropriate Secretary used with respect to a function, means the Secretary designated for that function under the interagency agreement.

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