Sec. 114. Powers and functions of prime sponsors

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If an entity has been designated as a prime sponsor under this title— the entity may receive and administer funds under this title, funds and contributions from private or local 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 related to the provision of child care and early learning services; the entity may transfer funds so received, and delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities; the entity's power to transfer funds and delegate powers shall include the power to make transfers and delegations for services in all cases where the transfers and delegations will contribute to efficiency and effectiveness or otherwise further program objectives; and the entity may set up a process to negotiate wages, benefits, hours, and working conditions of teachers and other staff in the corresponding child care and early learning program.

Financial assistance under this title may be provided by the Secretary to an entity that is a prime sponsor designated pursuant to section 113 only pursuant to an application in the form of a comprehensive child care and early learning plan which was submitted annually by such entity and approved by the Secretary in accordance with the provisions of this title. Any such plan shall set forth a comprehensive proposal, for providing child care and early learning services in the service area, which— assesses all child care and early learning needs and goals within the area and the applicant's proposal for addressing those needs; describes the demographic and economic data and other criteria the prime sponsor proposes to use to determine whether a community is in particular need of child care; identifies specific communities determined to be in particular need of child care, where such communities are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; describes how the prime sponsor will increase the child care supply, quality, and affordability for all families in communities of particular need, which may include providing start-up funding, technical assistance, training and professional development for the child care workforce, enhanced compensation, and other activities; describes how the prime sponsor will provide comprehensive health, mental health, education, parental or family member involvement, nutritional, social, and other services for the children that need child care and early learning services, including appropriate screening and referrals for children with challenging behaviors and other mental health needs; provides that services are full-working-day and full calendar year long, and ensures that the available hours of services are responsive to the needs of families in the service area, including, as appropriate, nonstandard hour care; describes how the prime sponsor will guarantee all children in the service area access to the child care and early learning program and use funds provided under section 112(a)(1) for child care and early learning services; describes how the prime sponsor will promote children’s mental health, social and emotional well-being, and overall health, by providing supports for positive learning environments for the children, including— strategies for supporting children with challenging behaviors and other social, emotional, and mental health concerns; and teacher training and mental health consultations for both staff and children of the child care and early learning program; includes a policy on suspension and expulsion that— prohibits or severely limits the use of suspension due to a child’s behavior and ensures suspensions are only temporary in nature; prohibits expelling or unenrolling a child from the program because of the child’s behavior; and provides that, in the case of a child exhibiting persistent and serious challenging behaviors, the program provider will— explore all possible steps and document all steps taken to address such behaviors; make efforts to facilitate the child’s safe participation in the program; and after taking the steps described in subclauses

(I)and (II), if the provider determines, in consultation with parents and other professionals, that the program is not the most appropriate placement for the child, work with the parents to directly facilitate the transition of the child to a more appropriate placement; provides that funds received under section 112(a)(1) will be used for a child care and early learning program for covered children; describes how, in the case of a prime sponsor located within or adjacent to a metropolitan area, the prime sponsor will coordinate activities with other prime sponsors located within such metropolitan area; provides that, to the extent feasible, the child care and early learning program will include children from a range of socioeconomic backgrounds, and that children will have access to all child care and early learning service providers in the service area, with priority given to the provider preferences stated by the parents and family members of low-income children; ensures that, where socioeconomic diversity of children among providers in the service area cannot be achieved, the share of program costs not covered through the Federal share or program fees does not fall on a single provider or a subset of providers within the service area; provides that services will be culturally, linguistically, and developmentally appropriate; provides that services will take into account the unique needs of communities, families, and children in the service area, including low-income children, children with incarcerated parents, homeless children, and children who are dual language learners; describes a system for offering child care and early learning options, for facilitating the selection of such an option, and for enrollment of children, which may include establishing and operating a website for families; describes how the prime sponsor will conduct outreach to all families in the service area and referrals, using the appropriate medium for families who speak a language other than English; provides equitably for the child care and early learning needs of all covered children within the service area, and promotes equity and addresses disparities in the provision of services, including equity and disparities related to income, culture, race and ethnicity, language, or status as a child of a migrant or seasonal farmworker, as a child belonging to an Indian tribe, or as a Native Hawaiian child; provides, insofar as possible, for coordination of the child care and early learning program with other social programs; provides for— direct participation of parents, family members, and child care and early learning program staff, including teachers and paraprofessionals, in the conduct of overall direction of, decision-making for, and evaluation of the child care and early learning program; and sufficient support for the persons described in clause

(i)to participate in the activities described in clause (i); provides to the extent feasible for the employment as both professionals and paraprofessionals of residents in the service area in a way that takes into account the cultural, racial and ethnic, and linguistic diversity of the families served; includes to the extent feasible a career development plan for paraprofessional and professional training, education, and advancement on a career ladder; provides that, insofar as possible, persons residing in the service area will receive jobs, including in-home and part-time jobs, and opportunities for training in programs under sections 135 and 136, with special consideration for career opportunities for low-income individuals; provides for the regular and frequent dissemination of information in the language of those to be served, to assure that parents, family members, and interested persons in the service area are fully informed of services available through the child care and early learning program, and of the activities of the prime sponsor’s Child Care and Early Learning Council; provides for coordination with administrators of programs and services that are related to child care and early learning programs and services and that are not funded through this title, including programs conducted under the auspices of or with the support of business or financial institutions or organizations, industry, labor unions, employee or labor-management organizations, or other community groups; as applicable, describes any arrangements for the delegation, under the supervision of the Child Care and Early Learning Council, to public or private agencies or organizations, of responsibilities for the delivery of child care and early learning services for which financial assistance is provided under this title or for planning or evaluation services to be made available with respect to a child care and early learning program under this title; contains plans for regularly conducting surveys and analyses of needs for the child care and early learning program in the service area and for submitting to the Secretary a comprehensive annual report and evaluation in such form and containing such information as the Secretary shall require by regulation; provides that— services for children with disabilities at the State, tribal, and local levels will be available, in the child care and early learning program approved under the plan; and formal linkages are in place between the program and providers of early intervention services for infants and toddlers with disabilities; provides assurances satisfactory to the Secretary that the non-Federal share requirements described in section 112(c) will be met; provides for such fiscal control, fiscal staffing, and funding accounting procedures as the Secretary may prescribe to assure proper disbursement of and accounting for Federal funds paid to the prime sponsor; provides that the child care and early learning program, or services within the program, under this title shall be provided only for children whose parents or legal guardians have requested the services; sets forth satisfactory provisions for establishing, consistent with subsection (d)(1), and maintaining a Child Care and Early Learning Council which meets the requirements of subsection (d); provides verification that the sponsor and its delegate providers— will recognize and bargain with labor unions representing family child care home providers, teachers and other staff of child care and early learning programs in order to meet the requirements set forth in section 136 and for other purposes; and will not assist in, promote, or deter labor union organizing; provides an annual technical assistance and training plan; provides for collection and reporting of program performance data in both an aggregate form and disaggregated by family income, culture, race and ethnicity, and primary language; documents a written affirmation, signed by the appropriate officials from Indian tribes or tribal organizations approved by the tribes or Native Hawaiian groups, which recognizes that the prime sponsor has engaged in timely and meaningful consultation with the appropriate officials from Indian tribes or tribal organizations if— a program is being operated on or near an Indian reservation, or if more than 15 percent of children enrolled in the program are Indians or Native Hawaiians; and the prime sponsor is not an Indian tribe or tribal organization; provides that services will be provided with a holistic and multi-generational approach that includes promoting the well-being of pregnant women and engaging expectant parents during prenatal and early months; describes how the sponsor will ensure that key workplace protections and rights, similar to the protections and rights specified in the National Labor Relations Act ( 29 U.S.C. 151 et seq.), are provided; describes how the sponsor will implement a process in which, through their labor unions, family child care home providers and child care and early learning center staff participate in a collective process to set wages, benefits, hours, and minimum standards for working conditions; describes how the sponsor will ensure that family child care home providers, including teachers and other staff of family child care home providers, and teachers and other staff at a child care and early learning center (including employees of a delegate provider) are paid compensation that meets the requirements of section 136(b); provides that the sponsor will provide teachers and other staff with supports that are high-quality, research-based, and rooted in adult learning theory; provides that the program will be accessible to, and that staff will receive training on working with, children with disabilities and parents with disabilities; and meets any other requirements or provides any information the Secretary requires by regulation. The Secretary shall provide the financial assistance to a prime sponsor, for the planning, conduct, administration, and evaluation of a child care and early learning program that delivers services in accordance with the requirements of the comprehensive child care and early learning plan specified under subsection (b), and for implementing the following activities: Provide for family member and community involvement, including the involvement of parents, family members, community residents, current or future staff of a child care and early learning program, and local businesses, in the design and implementation of the program. The prime sponsor shall— provide for the involvement in a manner that recognizes parents and family members as their children’s primary teachers and nurturers; and implement intentional strategies to engage parents and family members in their children’s learning and development and support parent-child relationships. Provide for implementing additional activities, other than the activities described in paragraph (1), that the Secretary determines to be appropriate by regulation, which additional activities may include— activities to support family well-being related to family safety, health, and economic stability, including substance abuse counseling (either directly or through referral to local entities), which may include providing information on the effect of prenatal exposure to drugs and alcohol; and other activities designed to facilitate a partnership in the program with parents in supporting the development and early learning of their child, including providing— training in basic child care and early learning (including cognitive, social, and emotional development); assistance in developing adult or family literacy and communication skills; opportunities to share experiences with other parents (including parent-mentor relationships); health services, including information on maternal depression and mental health; regular in-home or virtual visitation; or family literacy services. Provide, with respect to each participating family, a family needs assessment that includes consultation with the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, where applicable) in the family’s preferred language or through an interpreter, to the extent practicable, and ensure parents have the opportunity to share personal information in an environment in which the parents feel safe. Provide to parents of dual language learners outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. Promote the continued partnership in the program of the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in child care and early learning programs in the education of their children upon transition of their children to school, by working with the local educational agency— to implement strategies and activities, including providing information and training to the parents— to help parents advocate for and promote successful transitions to kindergarten for their children, including helping parents continue to be involved in the education and development of their child, and to help parents understand and prepare to exercise their rights and responsibilities concerning the education of their children; in the case of parents with children who receive services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), to collaborate with the parents, and the local agency responsible for providing such services, to support the children and parents in transitioning to a new setting in elementary school; and to prepare parents— to understand and work with schools in order to communicate with teachers and other school personnel; to continue to support their children's learning, in an elementary school setting; and to participate as appropriate in decisions relating to the education of their children and advocate for their children's needs; and to advocate for the local educational agency to ensure that schools have a process in place to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), and collaboration with that agency. Establish effective procedures— for providing necessary early intervention services and special education and related services to children with developmental delays and disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act; and in the case of a child for whom an evaluation determines that the child is not eligible for early intervention services or special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 ), but who has a documented significant delay, for partnering with parents to help the parents access services and supports to help address the child’s identified needs through health insurance or other means. Ensure that each family with a covered child who requests a placement receives one in the service area and, in making the placement, recognize and take into account the family’s needs regarding setting (such as a family child care home or center-based setting), cultural and linguistic preferences, operating schedule, and preferences on location. Provide both center-based and family child care home options for child care and early learning services to families. Upon receiving designation as a prime sponsor, the prime sponsor shall establish a Child Care and Early Learning Advisory Council (referred to in this section as a Council ) and maintain the Council to advise the prime sponsor and assist in the coordination of program services and implementation. In the event that the prime sponsor is a State, the Council shall coordinate activities with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b) in the Head Start Act ( 42 U.S.C. 9837b(b) ). The Secretary shall establish the composition requirements for the Council ensuring that the Council has representation of— parents or family members of children served by child care and early learning programs; staff and providers of child care and early learning programs, or their representatives; and other relevant stakeholders. Members of the Council shall reflect the population served by the prime sponsor, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. Each Council shall select its own chairperson, from among the members of the Council. Members of the Council shall— not have a financial conflict of interest with the prime sponsor; not receive compensation for serving on the Council or for providing services to the prime sponsor; not be employed, nor shall members of their immediate family be employed, by a prime sponsor in the service area; and as a Council, operate as an entity independent of staff employed by the prime sponsor. If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Council, and such individual has any conflict of interest described in clause

(ii)or

(iii)of subparagraph (A)— such individual shall not be prohibited from serving on such body and the Council shall report such conflict to the Secretary; and if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation. The Council shall provide regular advice and guidance to the prime sponsor on the basic goals, policies, actions, and procedures, at a basic level, for the prime sponsor relating to the child care and early learning program involved, including policies with respect to planning, general supervision and oversight, overall coordination, personnel, budgeting, funding, and monitoring and evaluation, of the programs. The Secretary shall develop policies, procedures, and guidance for prime sponsors concerning the resolution of internal disputes, including any impasse in the governance of child care and early learning programs. Each prime sponsor shall ensure the sharing of accurate and regular information for use by the Council, about program planning, policies, and operations. Appropriate training and technical assistance shall be provided to the members of the Council to ensure that the members understand the information the members receive and can effectively oversee and participate in the child care and early learning program of the prime sponsor. On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program is implemented in a way that promotes collaboration and coordination with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to children and families, including implementing each of the following activities: Conduct outreach to schools in which children participating in the child care and early learning program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, health care providers, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness. Coordinate activities and collaborate with entities (including providers) carrying out programs under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq.), section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ), parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq., 670 et seq.), subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.), section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), or the Head Start Act ( 42 U.S.C. 9831 et seq.), and other entities providing early childhood education and development programs or services. Take steps to coordinate activities with the local educational agency serving the service area involved and with schools in which children participating in the child care and early learning program will enroll following the program, including— collaborating on the shared use of transportation and facilities, in appropriate cases; collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation; and exchanging information on the provision of noneducational services. If there is a public preschool program in the service area that is not a prime sponsor nor a participant in the child care and early learning program, enter into a memorandum of understanding with the local entity responsible for managing the preschool program, not later than 1 year after the date of enactment of this Act, that shall— provide for a review of each of the activities described in clause (ii); and include plans to coordinate, as appropriate, activities regarding— educational activities, curricular objectives, and instruction; public information dissemination and access to programs for families contacting the child care and early learning program or the preschool program; selection priorities for eligible children to be served by the child care and early learning program or any of the preschool programs; service areas; staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development; program technical assistance; provision of additional services to meet the needs of parents or family members, as applicable; communications and outreach to parents and family members for smooth transitions to kindergarten as required in paragraphs

(3)and

(6)of section 122(a); provision and use of facilities, transportation, and other program elements; and other elements mutually agreed to by the parties to such memorandum; be submitted to the Secretary and the State Director of Child Care and Early Learning Program Collaboration not later than 30 days after the parties enter into such memorandum; and be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year. The requirements of the preceding sentence shall not apply where the local entity responsible for managing the public preschool program is unable or unwilling to enter into such a memorandum, and the prime sponsor shall inform the Secretary and the State Director of Child Care and Early Learning Program Collaboration of such inability or unwillingness. On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program will— take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved and build upon such gains in further schooling; meet the national program standards set forth in section 121(a); implement a research-based early childhood curriculum that— promotes young children’s school readiness in the areas listed in section 121(a)(4)(A)(ii); is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation; is comprehensive and linked to an ongoing assessment and aligned with State early learning standards, within the meaning of section 637 of the Head Start Act ( 42 U.S.C. 9832 ), which is conducted not more than twice a year, with developmental and learning goals and measurable objectives; and is focused on improving the learning environment, teaching practices, parent and family member involvement, and child outcomes across all areas of development; implement effective interventions and support services that help promote the school readiness of children participating in the child care and early learning program involved; use research-based assessment methods, including such methods that provide proven results regardless of culture, race or ethnicity, or language spoken at home, in order to support the educational instruction and school readiness of children in the program; use research-based developmental screening tools that have been demonstrated to be— standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable; and age, developmentally, culturally, and linguistically appropriate, for the child and, if relevant, appropriate for children with disabilities; adopt, in consultation with experts in child care and early learning and with classroom teachers, a non-punitive evaluation to assess classroom teachers and to inform professional development plans, as appropriate, that leads to improved teacher effectiveness; establish goals and measurable objectives for the provision of health, educational, nutritional, social services, and other services provided under this title and related to the program mission and to promoting school readiness; develop procedures for identifying and promoting the language knowledge and skills of dual language learner children; and not use funds to develop or implement an assessment for children that— will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; will be used as the primary or sole basis for providing a reward or sanction for an individual provider; will be used as the primary or sole basis for assessing program effectiveness; or will be used to deny children eligibility to participate in the program carried out under this title. Nothing in this title shall preclude a State from using a single assessment (as determined by the State) for children for— supporting learning or improving a classroom environment; targeting professional development to a provider; determining the need for health, mental health, disability, developmental delay, or family support services; obtaining information for the quality improvement process at the State level; or conducting a program evaluation for the purposes of improving the program and providing information to parents. Each prime sponsor shall enroll 100 percent of its funded enrollment, with ongoing outreach to the community and activities to identify underserved populations. With respect to child care and early learning services provided through the program, a prime sponsor— shall not charge a fee with respect to any low-income child; and may charge a fee with respect to any child who is not a low-income child, in accordance with the sliding fee scale described in paragraph

(2)and subject to paragraph (3). A fee under this subsection shall be charged based on a sliding fee scale as follows: With respect to a child who is in a family with a family income that is more than 200 percent of the poverty line but not more than 250 percent of the poverty line, the fee under this subsection shall not exceed 1 percent of the family income. With respect to a child who is in a family with a family income that is more than 250 percent of the poverty line but not more than 300 percent of the poverty line, the fee under this subsection shall not exceed 2 percent of the family income. With respect to a child who is in a family with a family income that is more than 300 percent of the poverty line but not more than 350 percent of the poverty line, the fee under this subsection shall not exceed 3 percent of the family income. With respect to a child who is in a family with a family income that is more than 350 percent of the poverty line but not more than 400 percent of the poverty line, the fee under this subsection shall not exceed 4 percent of the family income. With respect to a child who is in a family with a family income that is more than 400 percent of the poverty line but not more than 450 percent of the poverty line, the fee under this subsection shall not exceed 5 percent of the family income. With respect to a child who is in a family with a family income that is more than 450 percent of the poverty line but not more than 500 percent of the poverty line, the fee under this subsection shall not exceed 6 percent of the family income. With respect to a child who is in a family with a family income that is more than 500 percent of the poverty line, the fee under this subsection shall not exceed 7 percent of the family income. The total fee for a family that is subject to the fee under this subsection and has more than 1 child served through the program— may increase as the family enters the second or a further child in the program; but may not be greater than the fee allowed under paragraph (2). The prime sponsor shall require the establishment, at each child care and early learning center, of a board of parents, to be composed of parents and family members of children attending the center. The board shall meet periodically with staff of the center for the purpose of discussing problems and concerns. Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to staff of child care and early learning programs or delegate providers, or employees of public schools, or local educational agencies, under Federal, State, tribal, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such staff or employees, and the corresponding program, provider, school, or agency.

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