Sec. 105. Application and plan

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Section 658E(c) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c) ) is amended— in paragraph (2)— in subparagraph (A)— by striking the matter preceding clause

(i)and inserting the following: Support working parents by providing assurances that— ; and by striking clause (i)(II) and inserting the following: to enroll such child with a child care provider who has received a child care certificate on behalf of such parent or parents; ; in subparagraph (E)— in clause (i)— by striking subclause

(II)and inserting the following: the State's tiered and transparent system for measuring the quality of child care providers, described in subparagraph (W)(i), including— a description of the national standards or other equally rigorous and evidence-based standards tied to child outcomes that the State uses for purposes of subparagraph (W)(i)(II)(aa); the payment rates referred to in paragraph (4), for providers at each tier of such system; and the number and percentage of eligible providers at each tier of such system, in total and disaggregated by geographic location, by provider race and ethnicity, and by the race and ethnicity of the children served, unless the disaggregation involved would reveal personally identifiable information about an individual provider or child; ; in subclause (IV), by inserting the program carried out under title II of the after Child Care for Working Families Act , 9831 et seq.), ; in subclause (VI), by inserting (including for families who speak languages other than English) after family engagement ; and in subclause (VII), by striking and at the end; in clause (ii), by striking the period at the end and inserting a semicolon; and by adding at the end the following: information about the State's wage ladder described in subparagraph (G)(iii); and information on opportunities for staff of child care providers to improve their skills and credentials, including information about training opportunities and professional organizations that provide such training. ; in subparagraph (G)— in clause (i), by striking and professional development requirements and inserting , professional development, and compensation requirements ; in clause (ii)(V)— by redesignating item

(dd)as item (ee); in item (cc), by striking and ; and by inserting after item

(cc)the following: infants and toddlers with disabilities; and ; by redesignating clauses

(iii)and

(iv)as clauses

(v)and (vi), respectively; and by inserting after clause

(ii)the following: The plan shall provide a description of the State’s wage ladder for staff of eligible child care providers, and an assurance that wages for such staff will, at a minimum, meet the requirements of paragraph (4)(B)(iii)(II). The plan shall demonstrate how the State will facilitate participation of staff of eligible child care providers in organizations that foster the professional development and stakeholder engagement of the child care workforce. ; in subparagraph (I), by striking clause

(ii)and inserting the following: may include other requirements, such as— requirements relating to nutrition, access to physical activity, or any other subject area determined by the State to be necessary to promote child development or to protect children’s health and safety; and a requirement to comply with the standards recommended in the Department of Health and Human Services’ report entitled Caring for our Children Basics: Health and Safety Foundations for Early Care and Education issued on June 25, 2015. ; in subparagraph (K)(i), in the matter preceding subclause (I), by striking , not later than 2 years after the date of enactment of the ; Child Care and Development Block Grant Act of 2014 , in subparagraph (M)— by adding investment of quality child care amounts described in section 658G(a)(1), after parents, ; by redesignating clause

(iv)as clause (vi); in clause (iii), by striking , as defined by the State; and and inserting a semicolon; and by inserting after clause

(iii)the following: infants and toddlers with disabilities; children who are dual language learners; and ; in subparagraph (N)— in the subparagraph heading, by adding at the end the following ; and continuity of care in clause (i)— in subclause (I), by striking child's parent and all that follows and inserting child's parent as participating in an eligible activity (as defined in section 658P), a change in family income for the child's family, or a change in custody or guardianship of the child. ; and by adding at the end the following: The plan shall demonstrate that each child who, on the date the child is determined to be an eligible child, is a child in foster care or a homeless child, and who receives assistance under this subchapter prior to reaching the age of compulsory school attendance, shall remain eligible for such assistance and shall receive such assistance, if so desired by the child's family, until such child reaches the age of compulsory school attendance. ; in clause (ii), by striking (especially parents in families receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( ; 42 U.S.C. 601 et seq.)) in clause (iii)— by striking At the option of the State, the and inserting The ; by striking of attendance at a job training or educational program and inserting of participation in an eligible activity (as defined in section 658P) ; and by striking resume attendance at a job training or educational program and inserting resume participation in an eligible activity (as so defined) ; and by striking clause (iv); in subparagraph (O)— in clause (i), by striking with programs operating and all that follows and inserting “with programs, operating at the Federal, State, and local levels for children, that are— preschool programs, programs funded under title II of the Child Care for Working Families Act , programs funded under the Head Start Act ( 42 U.S.C. 9831 et seq.), tribal early childhood programs, and other early childhood programs, including those serving infants and toddlers with disabilities or children with disabilities; programs serving homeless children and children in foster care; and programs funded under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.). ; by striking clause (ii); and by redesignating clause

(iii)as clause (ii); in subparagraph (Q)— by striking and inserting low-income populations ; and children in underserved areas, children with disabilities, and infants and toddlers with disabilities by striking The plan and all that follow and inserting The plan shall describe the process the State proposes to use, with respect to investments made to increase access to programs providing high-quality and inclusive child care and development services, to give priority for those investments to areas that have significant concentrations of poverty and unemployment and that do not have such services, and to areas that do not have such services for children with disabilities and infants and toddlers with disabilities. ; in subparagraph (R), by inserting and a group of parents who use a variety of child care services that reflects the variety of child care services provided in the State before the period; by striking subparagraph

(S)and inserting the following: The plan shall provide an assurance that the State will provide assistance to carry out this subchapter only to eligible child care providers that prohibit— the use of suspension and expulsion of children; and the use of aversive behavioral interventions. ; in subparagraph (T)— in clause (i)— in the matter preceding subclause (I), by striking (or develop such guidelines if the State does not have such guidelines as of the date of enactment of the Child Care and Development Block Grant Act of 2014) ; and in subclause (I), by striking research-based and inserting evidence-based ; and in clause (iv)— by striking subclauses

(II)and (III); by striking Federal Government and all that follows through mandate and inserting Federal Government to mandate ; and by striking section; and inserting section. ; and in subparagraph (U)— in clause (i)— by striking or a major and inserting , a major ; and by inserting before the period the following , or a public health emergency declared under section 319 of the Public Health Service Act ( ; 42 U.S.C. 247d ) in clause (ii), by inserting the State’s lead agency established or designated under section 635(a)(10) of the Individuals with Disabilities Education Act ( after 20 U.S.C. 1435(a)(10) ), the State resource and referral system, ; and in clause (iii)(I), by inserting infants and toddlers with disabilities, after children with disabilities, ; and by adding at the end the following: The plan shall describe how the State will develop or revise with input (from early childhood education and development experts, from a diverse group of child care providers working in a variety of child care settings, from families, and from organizations representing child care directors, teachers, and other staff), within 3 years after the date of submission of the State application, systems for measuring the quality of eligible child care providers who provide services for which assistance is made available under this subchapter, that are inclusive and appropriate for child care providers and that consist of— a tiered and transparent system for measuring the quality of eligible child care providers who serve eligible children, that— applies to eligible child care providers (except providers of family, friend, or neighbor care that elect to be covered under clause (ii)); includes a set of standards, for determining the tier of quality of a child care provider, that— uses the degree to which the provider meets national standards (which may be Head Start program performance standards described in section 641A(a) of the Head Start Act ( 42 U.S.C. 9836a(a) ) or standards for national accreditation of early learning programs) or other equally rigorous and evidence-based standards that are tied to child outcomes; and includes indicators that are appropriate for different types of providers, including child care centers and family child care providers, and are appropriate for providers serving different age groups (including mixed age groups) of children, while maintaining a high level of quality child care by all of the different types of providers and for all of the different age groups (including mixed age groups); includes a different set of standards that includes different indicators, to be applied, when appropriate, for care during nontraditional hours of operation; and in conjunction with the increasing payment rates under paragraph

(4)(increasing due to factors specified in paragraph

(4)such as the cost estimation model and quality basis for payment rates), provides for sufficient resources to enable standards at the entry tier for such system to increase in rigor over time; and a separate system of quality standards for providers concerning developmentally appropriate and age-appropriate care that— applies to eligible child care providers of family, friend, or neighbor care (except such providers that elect to be covered under clause (i)); and includes standards for care during nontraditional hours of operation and traditional hours of operation. The plan shall provide that, after the systems described in subparagraph

(W)are in effect, child care providers receiving financial assistance under this subchapter may not charge the family of an eligible child more than the total of— the financial assistance provided to the family under this subchapter; and any applicable copayment pursuant to paragraph (5). The plan shall provide a description of— how the State will ensure that eligible child care providers, except for providers of family, friend, or neighbor care that elect to be covered under subparagraph (W)(ii), will prioritize children with disabilities and infants and toddlers with disabilities for slots in programs carried out by the providers; and how the State will work with the State’s lead agency established or designated under section 635(a)(10) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1435(a)(10) ), local educational agencies, and early intervention services providers to provide services and supports described in the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) in inclusive child care settings to children with disabilities, and to infants and toddlers with disabilities, who are eligible children. The plan shall provide a description of how the State used the results of the child care equity review required under section 658K to inform the distribution of funds under this subchapter, including funds distributed under section 658G, in an effort to improve equitable access to high-quality inclusive child care for children in the State. The plan shall provide a description of how the State will ensure that eligible child care providers will support children who are dual language learners, and their families, enrolled in programs carried out by the providers, including how the State will support child care providers to, to the greatest extent possible, identify each child’s home language through a home language survey, engage with the families in a culturally responsive manner, provide materials and information in a format and language that is accessible to parents, and recognize the child’s home language as an asset and support language development in the child’s home language The plan shall describe how the lead agency intends to make information that is publicly available about the State's child care program and policies, in particular the information referred to in subparagraphs (E), (I), and (T), available in formats accessible to parents and child care providers in the State, which shall include making such information available in the languages most commonly spoken in the State to the greatest extent possible within 5 years after the date of enactment of the Child Care for Working Families Act. The plan shall describe how the lead agency will ensure that families have access to a low-barrier enrollment (including re-enrollment) process that is accessible to families with diverse characteristics, including families with adults or children with disabilities or infants and toddlers with disabilities, homeless families, families with limited access to internet connectivity, families living in rural areas, and families of dual language learners, by implementing activities such as allowing for simplified enrollment for siblings, coordinating with other State agencies to streamline enrollment processes across public assistance programs, requiring minimal paperwork, allowing for enrollment through a State or local website, and providing flexible submission deadlines. ; by striking paragraph

(3)and inserting the following: The State shall use amounts provided to the State for each fiscal year under this subchapter for child care services, provided on a sliding fee scale basis, the activities described in section 658G, and State administration. ; by striking paragraphs

(4)and

(5)and inserting the following: The State plan shall— certify that payment rates for the provision of child care services for which assistance is provided in accordance with this subchapter— will be based on a cost estimation model that is described in subparagraph

(B)and is approved by the Secretary of Health and Human Services; and will correspond to differences in quality based on the State's tiered and transparent system for measuring the quality of child care providers, described in paragraph (2)(W)(i), and based on the standards described in paragraph (2)(W)(ii); and specify whether the State is electing— to include, in those payment rates, a bonus for serving children during nontraditional hours or children (including infants and toddlers) described in paragraph (2)(M); or to waive the copayment described in paragraph

(5)for a child who has been identified as eligible for assistance from child protective services. The State plan shall— demonstrate that the State has, after consulting with the entities and individuals described in subparagraph (D), developed and used (not earlier than 3 years before the date of the submission of the application containing the State plan) a statistically valid and reliable cost estimation model for the rates of such child care services in the State— for providers at each of the tiers of the State's tiered and transparent system for measuring the quality of child care providers described in paragraph (2)(W)(i) (which rates reflect variations in the cost of child care services by geographic area, type of provider, and age of child, and the additional costs associated with providing high-quality and inclusive child care services for children with disabilities and infants and toddlers with disabilities); and for providers that meet the standards described in paragraph (2)(W)(ii); demonstrate that the State— prepared a detailed report containing the child care costs estimated with the State cost estimation model pursuant to clause (i), which report shall include an explanation detailing how the wage requirements described in clause (iii)(II) were applied in the estimation of such costs; and made the estimated costs widely available (not later than 30 days after the completion of the estimation) through periodic means, including posting the estimated costs on the internet; describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter— in accordance with the most recent estimates from the most recent cost estimation model used pursuant to clause (i), so that providers at each tier of the tiered and transparent system for measuring program quality receive payment that is not less than the cost of meeting the requirements of such tier; and that maintain an effective and diverse workforce by ensuring wages for staff of child care providers that— are comparable to wages for elementary educators with similar credentials and experience in the State; and at a minimum, provide a living wage for all staff of child care providers; and describe how the State will provide for timely payment for child care services provided under this subchapter. The State plan shall include— a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, including the practice of paying the providers the payment rate described in subparagraph (A)(i) based on the number of children enrolled and not the number of children in daily attendance, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter; an assurance that the State will implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider payment rates from an eligible child’s occasional absences due to holidays or unforeseen circumstances such as illness; and a description of how the State will use direct contracts or grants to support the stability of child care providers in the State, and to increase the supply and improve the quality of child care services in the State as required under paragraph (2)(M). The entities and individuals referred to in subparagraph (B)(i) are the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ) (including State Head Start collaboration office directors), administrators of local child care programs and Head Start programs, organizations representing child care directors, teachers, and other staff, local child care resource and referral agencies, organizations representing parents of children with disabilities and parents of infants and toddlers with disabilities, the State interagency coordinating council established under section 641 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1441 ), the State advisory panel established under section 612(a)(21) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(21) ), and other appropriate entities. Except as provided in subparagraphs (B)(i) and (C), the State plan shall provide an assurance that the State will require— a family receiving assistance under this subchapter to pay a full copayment referred to in subparagraph

(B)(or, for a family receiving part-time care, a reduced copayment that is the proportionate amount of the full copayment); or another entity to pay the copayment (full or reduced) on behalf of the family, voluntarily or in accordance with Federal law. Such full copayment shall be based on a sliding scale that provides that, for a family with a family income— of not more than 75 percent of State median income for a family of the same size, the family shall not pay a copayment, toward the cost of the child care involved for all eligible children in the family; of more than 75 percent but not more than 100 percent of State median income for a family of the same size, the copayment shall be more than 0 but not more than 2 percent of that family income, toward such cost for all such children; of more than 100 percent but not more than 125 percent of State median income for a family of the same size, the copayment shall be more than 2 but not more than 4 percent of that family income, toward such cost for all such children; and of more than 125 percent but not more than 150 percent of State median income for a family of the same size, the copayment shall be more than 4 but not more than 7 percent of that family income, toward such cost for all such children. The State shall not require a family with a child that is eligible for a Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq.) to pay a copayment under this paragraph for any eligible child in the family. The State shall make publicly available and accessible, including on the State’s internet website, the income ranges in dollar amounts that correspond to each of the income categories described in clauses (ii), (iii), and

(iv)of subparagraph

(B)and the copayments required from families in each such category, by family size. . Section 658E of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c ) is amended by adding at the end the following: The lead agency shall submit to the Secretary within 40 months after the date of submission of the application described in subsection

(a)a report outlining the process by which the lead agency developed or revised the State’s systems for measuring the quality of eligible child care providers who provide services for which assistance is made available under this subchapter. The report shall include a discussion of the stakeholders, including early childhood education and development experts, child care providers working in a variety of child care settings, families, and organizations representing child care directors, teachers, and other staff, from whom the lead agency sought input during this process as required under subsection (c)(2)(W). .

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