Sec. 107. Activities to improve the quality of child care

3,925 words·~18 min read·/bill/117/hr/2817/ih/section-107

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Section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9848e ) is amended— in subsection (a)— in paragraph (1), by striking A State and all that follows through for activities and inserting A State that receives a payment under section 658J shall reserve and use the quality child care amount described in paragraph

(2)for activities ; by adding for all age groups of eligible children before , and is in alignment with ; and by striking paragraphs

(2)and

(3)and inserting the following: Such State shall reserve and use— during fiscal years 2022 through 2024, from the payment made to the State for a fiscal year, a quality child care amount equal to 50 percent of the State allotment under section 658O; and during fiscal year 2025 and each subsequent fiscal year, from the total of the quarterly payments made to the State for a particular fiscal year, a quality child care amount equal to not more than 10 percent of the amount made available to the State to carry out this subchapter for that particular fiscal year (and shall reserve and use a proportional amount, from each quarterly payment made to the State for that particular fiscal year). ; and by striking subsection

(b)and inserting the following: Quality child care amounts reserved under subsection

(a)shall be used to carry out activities that— consist of— the activities described in paragraph (2); the activities described in subparagraphs

(A)and

(B)of paragraph (3), and the activities described in paragraph (3)(C) under the circumstances described in that paragraph; the activities described in paragraph (4); at the election of the State, the activities described in paragraph (5); one or more of the activities described in a subparagraph of paragraph (6); one or more of the activities described in paragraph (7); the activities described in paragraph (8); one or more activities described in a subparagraph of paragraph (9); at the election of the State, remodeling, renovation, or repair permitted under section 658F(b); and at the election of the State during fiscal years 2022 through 2024, notwithstanding section 658F(b), construction, permanent improvement, or major renovation, with priority for funding for such activities given to underserved communities and underserved populations as identified— in the Statewide assessment of the State’s needs under subsection (a); in the child care equity review described in section 658E(c)(2)(Z); and as applicable, in the statewide needs assessment conducted under section 9212(f) of the Every Student Succeeds Act ( 20 U.S.C. 9831 note); and will improve the quality of child care services provided in the State. The State shall use quality child care amounts to implement activities that increase the supply of eligible child care providers, and the number of available slots in the State for child care assisted under this subchapter, in underserved communities and for underserved populations identified as described in paragraph (1)(A)(x). Assistance provided under this paragraph may be administered by local or regional child care resource and referral organizations, community development financial institutions, or other entities with which the State has contracted in the past. Activities funded under this paragraph shall include each of the following: The State shall make grants to child care providers, with priority for providers seeking to provide child care in underserved communities and for underserved populations described in subparagraph (A), to support providers in paying for startup costs and assist providers in meeting health and safety requirements and achieving licensure, which may include conducting remodeling, renovation, or repair permitted under section 658F(b). For fiscal years 2022 through 2024, such grants may also be used for construction, permanent improvement, or major renovation, as allowable under paragraph (1)(A)(x), of a building or facility. The State shall ensure that all providers that receive funding provided under this paragraph participate, in a timely manner, the State’s tiered and transparent system for measuring the quality of eligible child care providers described in section 658E(c)(2)(W)(i). The State shall provide technical assistance to increase the supply of eligible child care providers in the State, such as providing business startup support, conducting outreach to recruit new child care providers, providing support to enable providers to achieve licensure (including providing support, for child care providers operating legally without a child care license, to obtain such license), offering orientations for new child care providers, and supporting the development of shared services models for child care programs. A State shall use quality child care amounts to improve the quality of child care providers across the State that are eligible for assistance under this subchapter and to support child care providers in meeting the requirements for the highest tier of the system described in section 658E(c)(2)(W)(i), including by— making quality startup grants (including, in the case of providers of family, friend, or neighbor care, grants for activities described in paragraph (8)(H)) to child care providers that are not yet participating in the tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i), in a fiscal year, and that commit to improve quality so that the provider involved can participate in that system in the subsequent fiscal year; and in making those grants, by giving priority for funding to underserved communities and for underserved populations identified as described in paragraph (1)(A)(x); making quality improvement grants to child care providers that meet the requirements for a tier of the State tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i), in a fiscal year, and that commit to improve quality so that the provider involved can meet the requirements for a higher tier in the subsequent 3 fiscal years; and renewing a grant described in subparagraph

(A)or

(B)at the end of the applicable grant period, for a provider that demonstrates sufficient progress in meeting the goals for the grant. A State shall use quality child care amounts for activities that improve access to child care services for homeless children and children in foster care, including— the use of procedures to permit immediate enrollment of homeless children and children in foster care while required documentation is obtained; training and technical assistance on identifying and serving homeless children and their families, and children in foster care and their foster families; and specific outreach to homeless families and foster families. A State may use quality child care amounts to establish or support a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community-based or regionally based, lead child care resource and referral organization. The local or regional child care resource and referral organizations supported as described in subparagraph

(A)shall— provide parents in the State with consumer education information referred to in section 658E(c)(2)(E) (except as otherwise provided in that section), concerning the full range of child care and early childhood education options (including faith-based child care providers, Head Start agencies (including Early Head Start agencies), and community-based child care providers), analyzed by child care provider, including child care provided during nontraditional hours, child care provided through dual language child care programs, child care provided through emergency child care centers, and inclusive child care options for children with disabilities and infants and toddlers with disabilities, in their political subdivisions or regions in formats and languages accessible to all parents in such political subdivisions or regions, including parents of dual language learners; to the extent practicable, work directly with families who receive assistance under this subchapter to offer the families support and assistance, using information described in clause

(i)in conjunction with available data on parent satisfaction and provider training and experience, to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in the most appropriate child care setting to suit their needs and one that provides high-quality and inclusive care, which may include providing information and data through family navigators who can help parents make such decisions; collect data and provide information on the coordination of services and supports, including services provided under section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), for children with disabilities and infants and toddlers with disabilities, and services provided under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.); collect data (and, where appropriate, enable real time collection of data) and provide information on the supply of and demand for child care services, by age of child to the extent practicable, in political subdivisions or regions within the State and submit such information to the State; to the extent practicable, make data and information described in subclause

(iv)available to parents through online referral registry services provided by the child care resource and referral organizations or other nonprofit entities in the State; work to establish partnerships with public agencies and private entities, including faith-based child care providers, Head Start agencies (including Early Head Start agencies), and community-based child care providers, and incorporate the effective use of data and technology to increase the supply and quality of child care services in the State; as appropriate, coordinate their activities with the activities of the State lead agency and local agencies that administer funds made available in accordance with this subchapter; and work to establish partnerships with the parent resource centers established under section 672 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1472 ) to provide information about inclusive child care options for children with disabilities and infants and toddlers with disabilities, including children with more significant disabilities and children with complex medical needs. A State shall use quality child care amounts for supporting training and professional development that is culturally and linguistically appropriate for the child care workforce, and individuals working in Head Start programs (including Early Head Start programs), through activities such as those included under section 658E(c)(2)(G), in addition to at least one activity consisting of— offering training, coaching, or professional development opportunities for child care providers that relate to the use of evidence-based, developmentally appropriate and age-appropriate strategies to promote the social, emotional, physical, adaptive, communication, and cognitive development of children, including key programmatic strategies; and offering specialized training for child care providers caring for those populations prioritized in section 658E(c)(2)(Q), homeless children, children in foster care, children who are dual language learners, and children with disabilities and infants and toddlers with disabilities; incorporating the effective use of data to guide program improvement; implementing effective behavior management strategies (and related training), including implementing multitiered systems of support such as support through positive behavior interventions and supports, and trauma informed care, that— promote positive social and emotional development; prevent and reduce challenging behaviors, including by setting consistent expectations for all students; and eliminate suspensions, expulsions, and aversive behavioral interventions; providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways, including for parents and families of dual language learners, to expand their knowledge, skills, and capacity to become meaningful partners in supporting their children’s positive development; providing training corresponding to the nutritional and physical activity needs of children to promote healthy development; providing training or professional development for child care providers regarding the early neurological development of children; connecting staff members of child care providers with available Federal and State financial aid, or other resources, that would assist the staff members in pursuing relevant postsecondary training; creating or expanding a statewide scholarship program for child care providers to obtain credentials related to child care; creating or expanding an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), for child care providers in the early years of providing child care; providing training, scholarship opportunities, or apprenticeships for multilingual adults in order to expand the supply of high-quality, dual language child care programs; supporting articulation agreements between public institutions of higher education that offer 2-year programs and public institutions of higher education that offer 4-year programs, for the purposes of facilitating, for child care providers or individuals seeking to become such providers, the transfer of postsecondary credits for coursework related to child care from such institutions with 2-year programs to such institutions with 4-year programs; providing training and professional development on child developmental milestones and evidence-based developmental screening practices that help identify infants, toddlers, and children to be referred for evaluation concerning eligibility for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.); undertaking efforts to improve the diversity of staff of eligible providers, including efforts to recruit a more diverse workforce; providing training and professional development related to the impact of trauma on social-emotional development and to implementing best practices in trauma-informed care; providing access to trained early childhood mental health consultants to help child care providers and other program management personnel implement mental health promotion and prevention strategies; or developing and providing professional development on competencies for early childhood educators, including specialized competencies for educators serving infants and toddlers. A State shall use quality child care amounts to promote and expand child care providers’ ability to provide developmentally appropriate services for infants and toddlers through activities that shall include at least one activity consisting of— training and professional development; and coaching and technical assistance on this age group’s unique needs from statewide networks of qualified infant-toddler specialists; improving infant and toddler components within the State’s tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i), for child care providers for infants and toddlers, or developing infant and toddler components in a State’s child care licensing regulations or early learning and development guidelines; improving the ability of parents to access transparent and easy to understand consumer information about high-quality and inclusive care for infants and toddlers; providing supports to implement or sustain partnerships with Early Head Start agencies; carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, infant and toddler well-being, or infant and toddler social and emotional development, including providing health and safety training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation) for providers and caregivers; or carrying out other activities to promote and expand child care providers’ ability to provide developmentally appropriate services for infants and toddlers. A State shall use quality child care amounts for activities to improve the supply of eligible child care providers that provide high-quality and inclusive care for children with disabilities and infants and toddlers with disabilities through activities, which shall include— offering training, professional development, or coaching opportunities for child care providers that relate to the use of evidence-based, developmentally appropriate, and age-appropriate strategies in inclusive settings to promote the social, emotional, physical, adaptive, communication, and cognitive development of children with disabilities and infants and toddlers with disabilities, and their peers; improving the ability of parents to access transparent and easy-to-understand consumer information about high-quality and inclusive care for children with disabilities and infants and toddlers with disabilities; promoting and expanding child care providers’ ability to provide developmentally appropriate services for infants and toddlers with disabilities through improved coordination of systems, services, and other activities with the providers and individuals who provide services or supports under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.); and specific outreach to families with— parents with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); children with disabilities; and infants and toddlers with disabilities. A State shall use quality child care amounts for at least one activity consisting of— improving upon the development or implementation of the early learning and developmental guidelines described in section 658E(c)(2)(T) by providing technical assistance to eligible child care providers that enhances the cognitive, physical, social, and emotional development, including early childhood development, of participating preschool and school-aged children and supports their overall well-being; developing, implementing, or enhancing the State’s tiered and transparent system for measuring the quality of child care providers, as described in section 658E(c)(2)(W)(i); facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards; evaluating and assessing the quality and effectiveness of child care programs (taking into account whether such programs also provide services funded under the Head Start Act) and services offered in the State, including evaluating how such programs positively impact children; supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality; supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, social and emotional development, nutrition, physical activity, and physical development; activities that improve the availability of child care services, activities that improve access to child care services, and any other activity that the State determines to be appropriate to meet the purposes of this subchapter, with priority being given for services (including giving priority access to services through providers at the highest tier of the system described in section 658E(c)(2)(W)(i)) to homeless children, children in foster care, children of families with very low family incomes (taking into consideration family size), children who are dual language learners, children with disabilities, and infants and toddlers with disabilities; supporting State or local efforts to expand Early Head Start-Child Care Partnerships; activities to improve the quality of providers of family, friend, or neighbor care, which may include— establishing or expanding the operation of community- or neighborhood-based family, friend, or neighbor care networks, which may include networks that support the implementation of shared services models; offering education, training, business development, apprenticeship, mentoring, or leadership development opportunities for the providers; conducting home visits and coaching that provide one-on-one advice and support; conducting play and learn sessions or other types of peer networking; facilitating participation in the program carried out under this subchapter or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ); assistance in achieving licensure, if the provider wants to become licensed; recruiting providers of family, friend, or neighbor care to build the supply of high-quality and inclusive care by such providers; recruiting providers of family, friend, or neighbor care to become eligible child care providers providing child care services under this subchapter, to build the supply of high-quality and inclusive care by providers of family, friend, or neighbor care; and providing training on effective instruction for children of diverse backgrounds and children with disabilities, infants and toddlers with disabilities, and children who are dual language learners; supporting eligible child care providers to eliminate suspensions, expulsions, and aversive behavioral interventions, including through adaptations and interventions by special educators, mental health consultants, and other community resources, such as behavior coaches, psychologists, and other appropriate specialists; and promoting multitiered systems of support such as positive behavioral interventions and supports and trauma informed care that promote positive social and emotional development and reduce challenging behaviors; activities to improve the supply and quality of child care programs and services to provide high-quality and inclusive care for school-age children, which may include— establishing or expanding high-quality and inclusive school-age child care standards and a system of supports for such care that align with best practices for before- and after-school care and summer care; enhancing professional development and technical assistance opportunities for providers of school-age care; and improving the ability of parents to access transparent and easy to understand consumer information about high-quality and inclusive school-age care; establishing or expanding high-quality and inclusive community- or neighborhood-based family and child development centers, which shall serve as resources for child care providers in order to improve the quality of early childhood services provided to children from low-income families and to help eligible child care providers improve their capacity to offer high-quality and inclusive, age-appropriate care; activities that promote simple and streamlined enrollment, in high-quality and inclusive child care services, including child care services provided under this subchapter, that is accessible to diverse types of families, which may include activities that establish or improve systems that also allow families to enroll in early childhood care and education services or public assistance programs available in the State, such as those listed in subparagraphs (E)(i)(IV) and

(O)of section 658E(c)(2), through use of data sharing agreements, identification of eligible families, and use of a single or common application that is available on a State Web site; establishing or expanding the operation of community- or neighborhood-based family child care networks, which may include networks that support the implementation of shared services models described in subparagraph (O); developing or expanding the use of shared services models, including through shared services alliances administered by nonprofit organizations or child care resource and referral organizations, to reduce the operational burden on child care providers through the coordination of services such as operations and business support, information technology services, accounting services, human resources services, training and professional development, enrollment services, and quality assessment services; establishing, maintaining, improving, or expanding a system, such as a substitute pool system, to support child care providers in a variety of child care settings in finding qualified, temporary staff when needed and to strengthen the pipeline for early childhood educators; or supporting eligible child care providers in providing accessible comprehensive services for children and their families, including— screenings of vision, hearing, health (including mental health), dental health, and development (including early literacy and math skill development), which shall be coordinated with the activities carried out through the comprehensive child find system under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.); consultation with child care health consultants to assess, plan, implement, and evaluate strategies to achieve high-quality safe and healthy child care environments that are trauma-informed strategies and support the mental and physical health of children; family engagement opportunities that take into account the language spoken in the child’s home, such as parent conferences (with opportunities for parents to provide input about the child’s development); and support services, such as parent education, home visiting, and family literacy services; nutrition services, including provision of nutritious meals and snack options aligned with the requirements in the most recent guidelines promulgated by the Secretary of Agriculture for the Child and Adult Care Food Program authorized under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ); and regular, age-appropriate, nutrition education for children and their families; programs, carried out in coordination with local educational agencies and entities providing services and supports authorized under part B and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq.; 1431 et seq.), to ensure the full participation of infants and toddlers with disabilities and children with disabilities in high-quality and inclusive child care settings; physical activity programs that— are aligned with evidence-based guidelines, such as those recommended by the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine; and take into account and accommodate the needs of children with disabilities and infants and toddlers with disabilities; or on-site service coordination, to the maximum extent feasible. .

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U.S. Code