Sec. 113. Designation of prime sponsors
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In accordance with the provisions of this section, a State, locality, Indian tribe, tribal organization, or public or private nonprofit agency or organization, meeting the requirements of this title may be designated by the Secretary as a prime sponsor for the purpose of entering into arrangements to carry out child care and early learning programs under this title. An entity may be designated by the Secretary as a prime sponsor for a period of fiscal years only pursuant to an application in the form of a prime sponsorship plan which was submitted by such entity and approved by the Secretary in accordance with the provisions of this title.
At a minimum, the plan shall— describe the service area to be served and how the program will be delivered; provide a comprehensive child care and early learning plan, as described in section 114(b); and demonstrate that the entity has the authority under its charter or applicable law to receive and administer funds under this title, funds and contributions from private or public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program that may be so used.
No prime sponsorship plan, or modification of the plan, submitted by an entity under this section shall be approved by the Secretary unless the Secretary determines, in accordance with regulations which the Secretary shall prescribe, that— the local educational agency for the service area and other appropriate educational and training agencies and institutions have had an opportunity to submit comments to the entity and to the Secretary; appropriate officials from Indian tribes or tribal organizations have had an opportunity to submit comments to the entity and to the Secretary; and the Governor of the State has had an opportunity to submit comments to the entity and to the Secretary.
In order to contribute to the effective administration of this title, the Secretary shall establish appropriate procedures to permit an entity described in subsection (a)(1) and a State to submit jointly a single comprehensive child care and early learning plan for the service areas the entity and State propose. If the Secretary approves such a plan, the Secretary may designate the entity as a prime sponsor, and the State as a prime sponsor, for the corresponding service areas.
The Secretary shall approve a prime sponsorship plan submitted by a locality if— the locality meets a population threshold determined by the Secretary, except that the Secretary may waive the population threshold if it creates a barrier to providing child care and early learning services in a service area of a specified type, such as a rural region; the plan meets the requirements of subsection
(a)and includes adequate provisions for carrying out child care and early learning programs in the area of such locality; and the locality is a— city; county; or other unit of general local government, including a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). In the event that the area under the jurisdiction of a unit of general local government described in clause (i), (ii), (iii), or
(iv)of paragraph (1)(C) includes any common geographical area with the geographical area covered by another such unit of general local government, the Secretary shall designate to serve such common area the unit of general local government that— the Secretary determines has the capability of more effectively carrying out the purposes of this title with respect to such area; and has submitted a plan which meets the requirements of subsection
(a)and includes adequate provisions for carrying out child care and early learning programs in such area. In the event that the Secretary determines that a locality does not meet the requirements for designation as a prime sponsor under this section, the Secretary shall take steps to encourage the submission of a prime sponsorship plan, covering the area of such locality, by a combination of localities which are adjoining and possess a sufficient commonality of interest. The Secretary shall approve a prime sponsorship plan submitted by such a combination of localities, if the Secretary determines that the plan so submitted meets the requirements of subsection
(a)and includes adequate provisions for carrying out child care and early learning programs in the area covered by the combination of such localities. The Secretary shall approve a prime sponsorship plan submitted by an Indian tribe or tribal organization if the Secretary determines that the plan so submitted meets the requirements of subsection
(a)and includes adequate provisions for carrying out child care and early learning programs in the area to be served. The Secretary shall approve a prime sponsorship plan submitted by a State if the Secretary determines that the plan so submitted— meets the requirements of subsection (a); includes adequate provisions for carrying out child care and early learning programs in the area to be served; contains a commitment to coordinating the State's early childhood programs to create a cohesive system, for children from birth to entry into kindergarten, for providing child care and early learning services; demonstrates that the State can deliver a child care and early learning program that ensures coverage of— the entire State; or the portions of the State that are not proposed to be covered by other entities submitting applications under subsection (a)(2); and demonstrates that the State can deliver such a program with sufficient local administration, governance, and input. The Secretary shall establish two phases of review for applications in the form of prime sponsorship plans. Entities submitting such applications for the first phase of review shall be given preference for designation under subsection (a). States, Indian tribes, tribal organizations, entities applying to carry out migrant or seasonal child care and early learning programs, and entities and States submitting applications jointly may submit applications described in subparagraph
(A)for the first phase of application review. Localities, public or private nonprofit agencies or organizations, and entities described in subparagraph
(B)may submit applications described in subparagraph
(A)for the second phase of application review. A prime sponsorship plan submitted under this section may be disapproved or a prior designation of a prime sponsor may be withdrawn only if the Secretary, in accordance with regulations which the Secretary shall prescribe, has provided— written notice of intention to disapprove such plan or withdraw such designation, including a statement of the reasons; a reasonable time in which to submit corrective amendments to such plan or undertake other necessary corrective action; and an opportunity for a public hearing upon which basis an appeal to the Secretary may be taken as of right. In the event that a prime sponsorship plan has not been submitted or approved, if a prime sponsor designation has been withdrawn, or if the needs of seasonal and migrant farmworkers, minority groups, or low-income individuals are not being met, for a service area, the Secretary may enter into an agreement with an organization, such as a national nonprofit organization, to serve as the prime sponsor for such an area. The Secretary shall meet the requirements described in subsection
(g)before entering into the agreement. A prime sponsor shall obtain renewal of the designation of the prime sponsor not more frequently than every 3 years and not less frequently than every 5 years. The Secretary shall develop a system for prime sponsors to renew their designation, under which the Secretary shall determine if a prime sponsor is delivering a high-quality and comprehensive child care and early learning program that meets the health, educational, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in section 121(a), and governance and legal requirements. Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may an entity other than an Indian tribe or tribal organization receive a grant to carry out a child care and early learning program on tribal land. In a service area in which there is no Indian tribe or tribal organization available for designation to carry out an child care and early learning program on Indian land, an entity that is not a tribal organization may receive a grant to carry out an child care and early learning program on Indian land, but only until such time as an Indian tribe or tribal organization in such service area becomes available and is designated pursuant to this section. For a service area that consists of any non-reservation Indian land, if the Indian tribe or tribal organization involved is not interested in serving or does not have the capacity to serve the entire service area, the Indian tribe or tribal organization may work with another prime sponsor to jointly serve as prime sponsors for the service area. The Secretary shall— significantly involve parents, family members, family child care home providers, child care and early learning staff, labor unions, and community residents in the service area for the program involved, in the process for designation of prime sponsors; and ensure that the persons selected to be involved in that process shall reflect the diversity of the service area, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian.
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Sec. 113
Designation of prime sponsors
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