Sec. 116. State applications

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The Governor, or chief executive officer, of a State that desires to receive a grant under this subtitle shall submit an application, in consultation with Indian tribes and tribal organizations (as such terms are defined under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n )), if there are Indian tribes and tribal organizations in the State, to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

At a minimum, each such application shall include— an assurance that the State— 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; will designate a State-level entity, selected by the Governor or chief executive officer of the State, such as an agency or joint interagency office, for the administration of the grant, which shall coordinate and consult with the State educational agency if the entity is not the State educational agency; and will establish, or certify the existence of, program standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 112; and a description of— how the State will use funds received under this subtitle and the State's matching funds to provide high-quality prekindergarten programs with open enrollment for all children in the State who— are described in section 112(9)(A); and are from families with incomes at or below 200 percent of the poverty line; how the State plans to develop or enhance a system for monitoring eligible local entities that are receiving funds under this subtitle for compliance with quality standards developed by the State and to provide program improvement support, which may be accomplished through the use of a State-developed system for quality rating and improvement; the State’s plan, if applicable, to expand participation in the State's high-quality prekindergarten programs to children from families with incomes above 200 percent of the poverty line; the State’s comprehensive early learning assessment system, or how the State plans to develop such a system, ensuring that any assessments are age-appropriate, as well as culturally and developmentally appropriate and, consistent with the recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act ( 42 U.S.C. 9844(j) ); the State’s plan to develop, implement, and make publicly available the measures and targets described in section 118; the State’s plan to increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training and demonstrated competency in early childhood education, including how higher education will support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate and expedite attainment of such degrees; how activities funded under this subtitle will be coordinated and integrated with Federal, State, and local services and programs that support early childhood education and care, including programs supported under this subtitle, the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Head Start Act (42 U.S.C. 9831 et seq.), the Community Services Block Grant Act (42 U.S.C. 9901 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), the State incentive grant program under section 14006 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), Federally funded early literacy programs, the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ), health improvements to child care funded under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.S. 11431 et seq.), the Investing In Innovation program under section 14007 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), programs authorized under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ), programs amended by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351), and any other Federal, State, or local early childhood education programs used in the State; how the State will award subgrants to eligible local entities, and in awarding such subgrants, will facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and will expand options for families; if the State does not have a funding mechanism for subgranting funds to implement high-quality prekindergarten programs, how the State will use objective criteria in awarding subgrants to eligible local entities that will implement high-quality prekindergarten programs, including actions the State will take to ensure that eligible local entities will coordinate with local educational agencies or other early learning providers, as appropriate, to carry out activities to provide children served under this subtitle with a successful transition from preschool into kindergarten, which activities shall include— aligning curricular objectives and instruction; providing staff professional development, including opportunities for joint-professional development on early learning and kindergarten through grade 3 standards, assessments, and curricula; coordinating family engagement and support services; and encouraging the shared use of facilities and transportation, as appropriate; how the State early learning and development standards described under section 115(1) will address the needs of dual language learners, including by incorporating benchmarks related to English language development; the process by which the State will identify barriers in the State, and propose solutions to overcome such barriers (which may include seeking assistance under section 125), to effectively use and integrate Federal, State, and local public funds and private funds for early childhood education that are available to the State on the date on which the application is submitted; the State’s plan to support articulation agreements among public 2-year and public 4-year institutions of higher education and other credit-bearing professional development entities in the State for early childhood teacher preparation programs and closely related fields; an inventory of the State’s higher education programs that prepare individuals for work in a high-quality prekindergarten program, including— certification programs; associate degree programs; baccalaureate degree programs; master's degree programs; and other programs that lead to a specialization in early childhood education, or a closely related field; the State’s plan for ensuring that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten programs; the State’s plan for supporting workforce development, including State and local policies that support prekindergarten instructional staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, substitutes, and child care services, including nontraditional hour child care; the State’s plan for holding eligible local entities accountable for use of funds; the State’s process to ensure that the State's early learning and development standards are integrated into the instructional and programmatic practices of high-quality prekindergarten programs and related programs and services, such as those provided to children under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); if the State funds full-day kindergarten programs, but such full-day kindergarten programs are not available to all children who are eligible to attend such programs in the State, how the State plans to increase the number of children in the State who are enrolled in full-day kindergarten programs and to provide a strategy to implement such a plan; if the State does not fund full-day kindergarten programs, a description of how the State plans to establish such programs to strengthen the educational continuum for children who will be involved in the State’s high-quality prekindergarten program supported through grants authorized under this subtitle; how the State will encourage eligible local entities to coordinate with community-based learning resources, if available, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, and programs supported by the Corporation for National and Community Service; how the State will work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality prekindergarten programs have sufficient and appropriate facilities to meet the needs of children eligible for prekindergarten; how the State will support local early childhood coordinating entities, such as local early childhood councils and entities administering shared services networks or models, if applicable, and help such entities to coordinate early childhood education programs with high-quality prekindergarten programs to ensure effective and efficient delivery of early childhood education program services; how the State will ensure that the provision of high-quality prekindergarten programs will not lead to a diminution in the quality or supply of services for infants and toddlers or disrupt the care of infants and toddlers in the geographic area served by the eligible local entity, which may include demonstrating that the State will direct funds to provide high-quality early childhood education and care to infants and toddlers in accordance with section 117(d); how the State will ensure that all high-quality prekindergarten programs the State supports under this Act will conduct criminal history background checks on employees and applicants for employment with direct access to children; and how the State will provide technical assistance in rural communities to address unique barriers to the implementation of high-quality prekindergarten programs in rural areas.

The criminal history background checks required under subsection (a)(2)(Y) shall include— a search of the State criminal registry or repository in the State in which the employee resides and previously resided; a search of the State-based child abuse and neglect registries and databases in the State in which the employee resides and previously resided; a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and 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 ).

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. The criminal history background check that employees undergo as required under subsection (a)(2)(Y) shall be periodically repeated or updated in accordance with State law.

To be eligible to receive a grant under this subtitle, a State shall provide an individual with a timely process by which to— 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 seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. 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.

Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school employees, school district employees, and the employees of early childhood education programs under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

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U.S. Code