Sec. 23002. Universal preschool

3,944 words·~18 min read·/bill/117/hr/5376/rh/section-23002

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term child experiencing homelessness means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). 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 comprehensive services means services that are provided to low-income children and their families, and that are health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary, within the means of section 636 of the Head Start Act ( 42 U.S.C. 9831 ).

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 or 4, on the date established by the applicable local educational agency for kindergarten entry. The term eligible provider means— a local educational agency, acting alone or in a consortium or in collaboration with an educational service agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), that is licensed by the State or meets comparable health and safety standards; a Head Start agency or delegate agency funded under the Head Start Act ( 42 U.S.C. 9831 et seq. ); a licensed center-based child care provider, licensed family child care provider, or community– or neighborhood–based network of licensed family child care providers; or a consortium of entities described in any of subparagraphs (A), (B), and (C).

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. The term poverty guidelines means the poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 ).

The term Secretary means the Secretary of Health and Human Services. The term State means each of the several States and the District of Columbia. The term territory means each of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term Tribal organization has the meaning given the term tribal organization in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ).

The term Urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1602 ). In addition to amounts otherwise available, there is appropriated to the Secretary for each of fiscal years 2022 through 2028, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section and provide the Federal share of the cost of universal, high-quality, free, inclusive, and mixed delivery preschool services, on a voluntary basis, to children throughout the States under this section, including providing the Federal share of the cost of State activities described in subsection (c)(4).

The Secretary, in collaboration with the Secretary of Education, shall reserve, from the amount appropriated under this subsection— not less than 4 percent for payments to Indian Tribes, Tribal organizations, and Urban Indian organizations for activities described in this section; not more than ½ of 1 percent for the territories, to be distributed among the territories on the basis of their relative need, as determined by the Secretary of Health and Human Services in accordance with the objectives of this section, for activities described in this section; ½ of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor, for activities described in this section; for Federal activities, including administration, monitoring, technical assistance, and research— $165,000,000 for fiscal year 2022 and $200,000,000 for fiscal year 2023; and for each of fiscal years 2025 through 2028, not more than 2 percent; $2,500,000,000 for each of fiscal years 2022 through 2027 to improve compensation of Head Start staff consistent with subparagraphs (A)(i) and (B)(viii) of section 640(a)(5) of the Head Start Act ( 42 U.S.C. 9835(a)(5) ), notwithstanding section 653(a)(1) of such Act ( 43 U.S.C. 9848(a)(1) ; and $1,250,000,000 annually for each of fiscal years 2023 through 2028 to carry out the program of grants to localities described in subsection (e).

A State that has submitted, and had approved by the Secretary, a State plan for universal preschool services is entitled to a payment under this subsection. The Secretary shall pay to each State with an approved State plan under paragraph (6), an amount for each year equal to— 100 percent of the State’s expenditures in the year for preschool services described in subsection (d), for each of fiscal years 2022, 2023, and 2024; 90 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2025; 80 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2026; 70 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2027; and 60 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2028.

The Secretary shall pay to each State with an approved State plan under paragraph

(6)an amount for a fiscal year equal to 50 percent of the amount of the State’s expenditures for the activities described in paragraph (4), except that in no case shall a payment for a fiscal year under this subparagraph exceed the amount equal to 10 percent of the State’s expenditures described in subparagraph

(A)for such fiscal year. The remainder of the cost paid by the State for preschool services, that is not provided under subparagraph (A), shall be considered the non-Federal share of the cost of those services. The remainder of the cost paid by the State for State activities, that is not provided under subparagraph (B), shall be considered the non-Federal share of the cost of those activities. The Secretary may make a payment under subparagraph

(A)or

(B)of paragraph

(2)for a year on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payment as necessary to adjust for any overpayment or underpayment for a previous year. A State that receives a payment under paragraph (2)(B) shall carry out all of the following activities: State administration of the State’s preschool services program described in this section. Supporting a continuous quality improvement system through the use of data, researching, monitoring, training, technical assistance, professional development, and coaching to support providers participating or seeking to participate in the State’s preschool services program and to support such providers in meeting the requirements of this section. Providing outreach and enrollment support for families of eligible children, including specific outreach to families of underserved populations. Supporting data systems building. Supporting staff of eligible providers in pursuing credentials and degrees, including baccalaureate degrees. Supporting activities that ensure access to inclusive preschool programs for children with disabilities, including, as applicable, activities that redesign or restructure existing preschool programs, as of the date of the activity, to improve inclusive services for children with disabilities. Providing age-appropriate transportation services for children, which at a minimum shall include transportation services for children experiencing homelessness and children in foster care. Conducting or updating the State’s statewide needs assessment used for purposes of paragraph (6)(B)(ii). The Governor of a State desiring to receive a payment under this subsection shall designate a State lead agency (such as a State agency or joint interagency office) for the administration of the universal preschool services program under this section. In order to be eligible for payments under this section, the Governor of a State shall submit a State plan for universal, high-quality, free, inclusive, and mixed delivery preschool services to the Secretary for approval at such time, in such manner, and containing such information as the Secretary, in collaboration with the Secretary of Education, may require. Such plan shall include each of the following: A certification that the State has in place developmentally appropriate, evidence-based preschool standards that, at a minimum are as rigorous as the standards specified in subparagraph

(B)of section 641A(a)(1) of the Head Start Act ( 42 U.S.C. 9836a(a)(1) ) and include program standards for class sizes and ratios. A certification that the State will prioritize the establishment and expansion of universal, high-quality, free, inclusive, and mixed delivery preschool services in high-need communities, as identified by the State, including— a description of which high-need communities the State will prioritize for that establishment and expansion within and across those communities; a description of how the State determined which communities are high-need communities, including how the State used a research-based methodology, approved by the Secretary, to identify and serve such communities, as determined by— the rate of poverty among eligible children in the community; rates of access to high-quality preschool within the community, including, as applicable, rates of disparities for underserved or vulnerable populations as identified through a periodic needs assessment conducted through the preschool development grants program under section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note) as applicable, or through another such statewide needs assessment; and other indicators of community need as required by the Secretary; and an assurance that the State will distribute funding for such preschool services under this section within such a high-need community so that a majority of children in the community are offered such preschool services before the State establishes and expands free preschool services in communities with lower levels of need. As applicable, a description of how the State plans to use funding provided under this section to ensure that existing (as of the date of submission of the State plan) publicly funded preschool programs in the State meet the requirements of this section for a preschool program. A certification that the State will, in establishing and operating the program of preschool services supported under this section, support a mixed delivery preschool system, including a certification that the State will facilitate the participation in the system of Head Start programs and programs offered by other eligible providers, including providers of licensed family child care). An assurance that the State will use funding provided under this section to ensure children with disabilities have access to and participate in inclusive preschool programs consistent with provisions in the Individuals with Disabilities Education Act, including an assurance that the State will offer inclusive programming that supports the least restrictive environment requirements in Section 619 of the Individuals with Disabilities Act for all eligible children who are children with disabilities. A certification that the State will support the continuous quality improvement of programs providing preschool services under this section, including support through technical assistance, monitoring, and research. A certification that the State will ensure a highly qualified early childhood workforce to support the requirements of this section. A description of how the State will coordinate the State’s preschool standards described in subparagraph

(A)with other early learning standards within the State. A description of how the State will— coordinate services and funding provided under this section with services and funding for other Federal, State, and local child care and early childhood development programs; at the option of an Indian Tribe or Tribal organization in the State, collaborate and coordinate services and funding with such Indian Tribe or Tribal organization; partner with Head Start agencies to ensure the full utilization of Head Start programs within the State; collaborate with entities carrying out programs under section 619 or part C of the Individuals with Disabilities Education Act, to support inclusive preschool programs; and improve transitions of children from early childhood education to elementary school. An assurance that the State will partner with not less than 1 institution of higher education to facilitate degree attainment for staff of preschool programs. An assurance that the State will ensure all preschool services in the State funded under this section will be— universally available to all children in the State without any additional eligibility requirements; and be high quality, free, and inclusive; by not later than 1 year after receiving such funding, meet the State’s preschool education standards described in subparagraph (A); offer programming that meets the duration requirements of at least 1,020 annual hours, 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 conduct outreach and provide expedited enrollment, including prioritization, to— children experiencing homelessness; children in foster care or kinship care; children in families who are engaged in migrant or seasonal agricultural labor; children with disabilities, including children served under part C of the Individuals with Disabilities Education Act who are an eligible child under section 101(a)(3) of this Act; and dual language learners; provide salaries, and set salary schedules, for staff that are equivalent to salaries of elementary school staff with similar credentials and experience; at a minimum, provide a living wage for all staff of such providers; and require educational qualifications for teachers (excluding individuals who were employed by an eligible child care provider or early education program for a cumulative three of the last five years from the date of enactment and have the necessary content knowledge and teaching skills for early childhood educators, as demonstrated through measures determined by the State) in the preschool program including, at a minimum, requiring that lead teachers in the preschool program have a baccalaureate degree in early childhood education or a related field by not later than 7 years after the date of enactment of this Act (The requirements specified in this clause shall not apply to individuals who were employed by an eligible child care provider or early education program for a cumulative 3 of the last 5 years from the date of enactment and have the necessary content knowledge and teaching skills for early childhood educators, as demonstrated through measures determined by the State.). 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) ), with respect to funding and assessments under this section. A certification that subgrant amounts described under subsection

(d)are sufficient to enable the eligible provider to meet the requirements of this title, and will provide for increased staff payment amounts based on the criteria described in (K)(v) and (vi). A certification that preschool seats will be distributed equitably among child care (including family child care), Head Start, and schools within the State. Each State plan shall remain in effect for a period of 3 years. Amendments to the State plan shall remain in effect for the duration of the plan. Transitional State Plan—The Secretary shall make available a transitional State plan for a period of one year that contains such information as the Secretary may require, to demonstrate the State will meet the requirements of this title and that includes— an assurance that the State will submit a State plan under paragraph (6); and a description of how the funds received by the State under this title will be spent to expand access to universal, high-quality, free, inclusive, and mixed delivery preschool programs in alignment with the requirements of this title. A State that receives a payment under subsection (c)(2)(A) for a fiscal year shall use amounts provided through the payment to pay the Federal share of the costs of subgrants to, or contracts with, eligible providers to operate universal, high-quality, free, inclusive, and mixed delivery preschool programs through the State preschool program in accordance with paragraph (2). A State shall reduce or increase the amounts provided under such subgrants or contracts if needed to adjust for any overpayment or underpayment described in subsection (c)(3). A State shall award a subgrant or contract under this subsection in a sufficient amount to enable the eligible provider to operate a universal, high-quality, free, and inclusive preschool program that meets the requirements of subsection (c)(6)(K) and which amount shall reflect variations in the cost of preschool services by geographic area, type of provider, and age of child, and the additional costs associated with providing inclusive preschool services for children with disabilities . The State shall award a subgrant or contract under this subsection for a period of not less than 3 years, unless the subgrant or contract is terminated or suspended, or the subgrant period is reduced, for cause. In awarding subgrants or contracts under this subsection and in addition to meeting the requirements of paragraph (1)(B), the State shall award subgrants or contracts with enhanced payments to eligible providers that offer preschool programs funded under this subsection to a high percentage of low-income children to support— comprehensive services, including social, emotional and other services that support child well-being; health and developmental screenings; and service referral for children and families served by the program involved. In awarding subgrants or contracts under this subsection, the State shall first prioritize establishing and expanding universal preschool programs within and across high-need communities identified under subsection (c)(6)(B) by awarding subgrants or contracts to eligible providers operating within, or with capacity to operate within and across, such high-need communities. Such subgrants or contracts shall be used to enroll and serve children in the preschool program, including— personnel (including classroom and administrative personnel), including compensation and benefits; costs associated with implementing the State’s preschool standards, providing curriculum sports, and meeting early learning and development standards; professional development, teacher supports, and training; implementing developmentally appropriate health and safety standards (including licensure, where applicable), teacher to child ratios, and group size maximums; materials, equipment and supplies; meeting health and safety standards, including licensure; and rent or mortgage, utilities, building security, indoor and outdoor maintenance, and insurance. Once a State that receives a payment under subsection (c)(2)(A) meets the requirements of paragraph

(2)with respect to establishing and expanding preschool programs within and across high-need communities, the State shall use any remaining funds from such payment to enroll and serve children in preschool programs, as described in such paragraph, to additional communities in accordance with the statewide needs assessment used for purposes of paragraph (6)(B)(ii). Such funds shall be used for the activities described in (2)(A)(i)–(viii). In this subsection: The term eligible locality means a city, county, or other unit of general local government, a local educational agency, or a Head Start agency. The term low-income young child means a child who is under age 6 and from a family with a family income that is not more than 200 percent of the poverty guidelines. The Secretary shall use funds reserved in subsection (b)(2)(F) to award local universal preschool grants to eligible localities located in States that have made it apparent that they will not apply for payments under subsection (c)(2)(A). The Secretary shall award the grants to eligible localities in a State from the allotment made for that State under paragraph (3). The Secretary shall specify the requirements for an eligible locality to conduct a preschool services program under this subsection which shall, to the greatest extent practicable, be consistent with the requirements applicable to States under this section, including ensuring a free, universal, high-quality, inclusive mixed delivery preschool system. For each State described in paragraph (2), the Secretary shall allot for the State an amount that bears the same relationship to the funds reserved under subsection (b)(2)(F) as the number of low-income young children in the State bears to the total of all such children in States described in paragraph (2). To receive a grant from the corresponding State allotment under this subsection, an eligible locality shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The requirements for the application shall, to the greatest extent practicable, be consistent with the State plan requirements applicable to States under this section. In awarding a grant under this subsection, the Secretary, in collaboration with the Secretary of Education, shall give priority to eligible localities serving high-need communities, determined in accordance with subsection (d)(2)(B). For purposes of calculating the amount of the non-Federal share, as determined under subsection (c), relating to a payment under such subsection, a State’s non-Federal share— may be in cash or in kind, fairly evaluated, including facilities or property, equipment, or services; shall include any increase in amounts spent by the State to expand half-day kindergarten programs in the State, as of the day before the date of enactment of this Act, into full-day kindergarten programs; shall not include contributions being used as a non-Federal share or match for another Federal award; shall be provided from State or local sources, contributions from philanthropy or other private organizations, or a combination of such sources and contributions and shall count no more than 50 percent of the State’s current spending on prekindergarten programs (as of the date of enactment of this Act) toward the State match. If a State reduces its combined fiscal effort per child for the State’s preschool program (whether a publicly funded preschool program or a program under this section) or through State supplemental assistance funds for Head Start programs assisted under the Head Start Act ( 42 U.S.C. 9831 et seq. ), or through any State spending on preschool services for any fiscal year that a State receives payments under subparagraphs

(A)and

(B)of subsection (c)(2) (referred to in this paragraph as the reduction fiscal year ) relative to the previous fiscal year, the Secretary, in collaboration with the Secretary of Education, shall reduce support for such State under such subsection by the same amount as the total reduction in State fiscal effort for such reduction fiscal year. The Secretary, 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 circumstance 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 education programs in the State will not be disproportionately harmed by such State reductions. 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. The following provisions of law shall apply to any program or activity that receives funds provided under this section: Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). Section 654 of the Head Start Act ( 42 U.S.C. 9849 )

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