Sec. 201. Formula grants to states to establish voluntary high-quality preschool programs

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In this section: 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 ). The term dual language learner means an individual who is limited English proficient, as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 ). The term eligible child means a child who is— age 3, 4, or 5; not yet enrolled in kindergarten; and a member of a family with a family income that does not exceed 150 percent of the State median income for a family of the same size.

The term eligible provider includes a local educational agency, Head Start program funded under the Head Start Act ( 42 U.S.C. 9831 et seq.), licensed child care center, licensed family child care home, and community- or neighborhood-based family child care network, that— participates in the State’s tiered and transparent system for measuring program quality described in section 658E(c)(2)(W)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(W)(i) ); and meets the highest tier of such system.

The term foster care means 24-hour substitute care for a child placed away from the child’s parents or guardians and for whom the State agency has placement and care responsibility. The term includes care through a placement in a foster family home, a foster home of a relative, a group home, an emergency shelter, a residential facility, a child care institution, or a pre-adoptive home. A child shall be considered to be in foster care in accordance with subparagraph

(A)regardless of— whether the foster care facility is licensed and payments are made by the State or local agency for the care of the child; whether adoption subsidy payments are being made prior to the finalization of an adoption; or whether there are Federal matching funds for any payments described in clause

(i)or

(ii)that are made. The term Governor means the chief executive officer of a State. The term high-need school means an elementary school in which not less than 50 percent of the enrolled students are children from low-income families, as defined in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641(b)(3)(B) ). The term high-need local educational agency means a local educational agency that serves a high percentage of high-need schools. The term homeless child means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434 ). The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). The term key programmatic strategies means strategies related to— nutrition and physical activity; recommended practices for age-appropriate exposure to screen media; and the integration and utilization of instructional methods to assist learning across disciplines, including methods that use the arts, language, literacy, mathematics, science, and social studies. The term low-income child means a child who is a member of a family with a family income that is at or below 200 percent of the poverty line. The term outlying areas means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term poverty line means the official poverty line (as defined by the Office of Management and Budget)— adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and adjusted for family size. The term specialized instructional support personnel has the meaning given such term in section 8101(47)(A) of the Elementary and Secondary Education Act ( 20 U.S.C. 7801(47) ). The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. From the total amount appropriated to carry out this section for a fiscal year, the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall— reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations; 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 of Health and Human Services in accordance with the purposes of this section; reserve ½ of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor; reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation; and reserve 5 percent for State leadership activities described in subsection (c), including the grants described in such subsection. Except as provided in subparagraph (B), from the total amount appropriated to carry out this section for a fiscal year that remains after making the reservations under paragraph (1), the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall allot to each State for the fiscal year that has an application approved under subsection

(d)an amount that bears the same ratio to such remainder as the number of children who are below the age of 6 who reside within the State and whose families have an income at or below 200 percent of the poverty line for the most recent year for which satisfactory data are available, bears to the number of such children who reside in all such States for such most recent fiscal year for which satisfactory data are available. No State receiving an allotment under subparagraph

(A)for a fiscal year shall receive less than ½ of 1 percent of the total amount allotted under such subparagraph for the fiscal year. The State leadership activities described in this subsection shall improve equitable access to high-quality preschool programs operated by eligible providers across the State, including programs in high-need local educational agencies, which shall include— ongoing professional development opportunities for school principals, school superintendents, teachers, specialized instructional support personnel, and teacher assistants to improve their practices, which may include activities that— prepare elementary schools to create or expand preschool classrooms, including training on developmentally appropriate practices and preparing classrooms with materials and equipment for young children; promote children’s development across all of the essential domains of early learning and development; improve curricula and teacher-child interaction; incorporate the inclusion of key programmatic strategies into classroom instruction; increase effective family engagement, including for families of dual language learners; provide culturally competent instruction, including effective instruction for children with disabilities and dual language learners; improve social and emotional development; incorporate positive behavioral interventions and supports and principles of trauma-informed care; align preschool curricula with elementary school standards and curricula; engage teachers, teacher leaders, early childhood educators, and other professionals in joint professional learning opportunities, as described in section 2103(b)(3)(G) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(b)(3)(G) ); and improve the transition of children from preschool to elementary school; completing the Preschool Equity Review and distributing grants as described in paragraph

(2)in accordance with the results of such review; expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for staff of eligible providers to pursue credentials and degrees, including bachelor’s degrees; and partnerships between institutions of higher education and eligible providers, including high-need local educational agencies, to improve access to early childhood educators, including educators serving dual language learners and children with disabilities. From amounts reserved under subsection (b)(1)(E), a State shall make grants to rectify resource inequities in preschool programs and expand access to high-quality preschool programs for all children, including children described in items

(aa)through

(dd)of subparagraph (B)(ii)(I). Such grants shall be awarded to high-need local educational agencies in order to improve their capacity to offer high-quality preschool programs for eligible children, which may include paying the costs of renovation. Each State making grants under subparagraph

(A)shall complete an annual Preschool Equity Review that informs the distribution of funds under such subparagraph. Each Preschool Equity Review shall include data on— the percentage of children participating in preschool programs funded under this section, disaggregated by status as— children with disabilities; low-income children; children from major ethnic and racial groups; and dual language learners; the geographic location of preschool programs funded under this section; the quality of preschool programs funded under the section, compared to such programs not funded under this section; and resource inequities between preschool programs, including programs serving a high percentage of children described in items

(aa)through

(dd)of subclause (I). In order to receive an allotment under this section, the Governor of a State shall submit an application at such time and in such manner as the Secretary of Health and Human Services, in collaboration with the Secretary of Education, may require. Such application shall include each of the following: A description of how the State will provide access to high-quality preschool during the school day for eligible children in the State within 3 years, which shall include the following: How the State plans to distribute funds from the State's allotment to eligible providers, including an assurance that the Governor will designate a State-level entity (such as an agency or joint interagency office) for the administration of the grant. An explanation of how the State will ensure that eligible providers receiving funds under this section will use research-based curricula that are aligned with State early learning standards that are developmentally appropriate and include, at a minimum, each of the following domains: Language development. Literacy. Mathematics. Science. Creative arts. Social and emotional development. Approaches to learning. Physical development. How the State will coordinate services provided under this section with services and supports provided under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.), section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.), the Head Start Act ( 42 U.S.C. 9831 et seq.), the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.), the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 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 ). How the State will improve transitions from early childhood education to elementary school, including how the State will ensure that preschool programs— share relevant data between early childhood educators and kindergarten teachers; share instructional, behavioral, and other information between early childhood educators and kindergarten teachers to best support the transition of children with disabilities who may need services and supports provided under part B of the Individuals with Disabilities Education Act ( 42 U.S.C. 1411 et seq.) into general education settings; and share information about the proficiency of dual language learners in both English and their native language. How the State will provide ongoing monitoring and support and conduct evaluations of preschool programs funded under this section. How the State has reviewed the strategic plan developed under section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note) or engaged in a similar strategy to facilitate coordination of existing early learning and care programs in a mixed delivery system. 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 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 preschool program supported under this title. An assurance that all preschool programs funded under this section will— offer programming that meets the duration requirements in the program performance standards applicable to Head Start programs described in section 641A of the Head Start Act ( 42 U.S.C. 9836a ); adopt policies and practices to provide expedited enrollment, including prioritization, to— homeless children; children in foster care; and migratory children; conduct outreach to families of— homeless children; dual language learners; children in foster care; children with disabilities; infants and toddlers with disabilities; and migratory children; provide salaries to staff of eligible providers that are on the same pay scale as elementary school educators with similar credentials and experience; require high staff qualifications for teachers, including, at a minimum, meeting the staff qualifications included in the quality standards of the National Institute for Early Education Research that are in effect on the date of enactment of this Act by not later than 4 years after the date the State first receives an allotment under this section; and determine whether children are dual language learners and provide services to ensure the full and effective participation of such learners and their families. An assurance that the State will provide assistance under this section only to eligible providers that prohibit the use of suspension, expulsion, and aversive behavioral interventions. An assurance that the State will meet the requirements of clauses

(ii)and

(iii)of section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T)(ii) and (iii)). A State that receives an allotment under subsection (b)(2) for a fiscal year shall use the allotment to carry out the activities described in the State's application described in subsection (d). A State that receives an allotment under subsection (b)(2) for a fiscal year shall provide matching funds from non-Federal sources in an amount equal to 10 percent of the Federal funds that such State receives under such subsection for the fiscal year. Each State that receives an allotment under subsection (b)(2) shall prepare an annual report, in such manner and containing such information as the Secretary of Health and Human Services may reasonably require. A report prepared under paragraph

(1)shall contain, at a minimum— a description of the manner in which the State has used the funds made available through the allotment and a report of the expenditures made with the funds; a summary of the State’s progress toward providing access to high-quality preschool programs for eligible children; an evaluation of the State’s progress towards improving equitable access to high-quality preschool, as measured by the Preschool Equity Review described in subsection (c)(2)(B), disaggregated by the categories under subsection (c)(2)(B)(ii)(I); the number and percentage of children in the State participating in eligible preschool programs, disaggregated by race, ethnicity, family income, child age, disability, and whether the children are homeless children, children in foster care, or dual language learners; data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, and whether the children are homeless children, children in foster care, or dual language learners, with information on whether such programs are offered— for a full day; and at no cost to families; and data on the kindergarten readiness of children across the State. If a State reduces its combined fiscal effort per child for its State preschool program or State supplemental assistance funds for Head Start programs assisted under the Head Start Act ( 42 U.S.C. 9831 et seq.) for any fiscal year that a State receives an allotment under subsection (b)(2) relative to the previous fiscal year, the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall reduce support for such State under such subsection by the same amount as the decline in State effort for such fiscal year. The Secretary of Health and Human Services, in collaboration with the Secretary of Education, may waive the requirements of paragraph

(1)if— the Secretaries determine 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 during the 5-year period preceding the date of the determination, including for early childhood education programs; or due to the circumstances of a State requiring reductions in specific programs, including early childhood education, the State presents to the Secretaries 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. Funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on early childhood education programs in the State. There is authorized to be appropriated, and there is appropriated, to carry out this section, $8,000,000,000 for each of fiscal years 2020 through 2030.

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