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Code · BILL · 119th Congress · S. 2295 (Introduced in Senate) — To increase the quality and supply of child care and lower child care costs for families. · Sec. 303

Sec. 303. Payments for State universal preschool services

1,889 words·~9 min read·/bill/119/s/2295/is/section-303

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A State that has submitted, and had approved by the Secretary in collaboration with the Secretary of Education, the State plan described in subsection
(e)is entitled to a payment under this section. For each of fiscal years 2026 through 2031, the Secretary shall pay to each State with an approved State plan under subsection (e), an amount for that year equal to— 90 percent of the State’s expenditures in the year for preschool services provided under section 304, for fiscal year 2026; 90 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2027; 80 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2028; 75 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2029; 65 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2030; and 60 percent of the State’s expenditures in the year for such preschool services, for fiscal year 2031. The Secretary shall pay to each State with an approved State plan under subsection
(e)an amount for a fiscal year equal to 50 percent of the amount of the State’s expenditures for the activities described in subsection (c), and system-wide activities similar to those described in subsection
(c)for the State’s entire birth through 5 year old early childhood system, except that in no case shall a payment for a fiscal year under this paragraph exceed the amount equal to 10 percent of the State’s expenditures described in paragraph
(1)for such fiscal year. The remainder of the cost paid by the State for preschool services, that is not provided under paragraph (1), 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 paragraph (2), shall be considered the non-Federal share of the cost of those activities. The Secretary shall make a payment under paragraph
(1)or
(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 shall 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 subsection
(b)shall carry out all of the following activities: State administration of the State preschool program described in this section. Supporting a continuous quality improvement system for providers of preschool services participating, or seeking to participate, in the State preschool program, through the use of data, research, monitoring, training, technical assistance, professional development, and coaching. Providing outreach and enrollment support for families of eligible children. Supporting data systems building to ensure that the State has the capacity to manage and implement data systems that allow data sharing among and between preschools, elementary schools, and secondary schools. Supporting staff of eligible providers through professional development and coaching, and supporting staff in pursuing credentials and degrees, including baccalaureate degrees. Supporting activities that ensure access to inclusive preschool programs 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 a statewide needs assessment of access to high-quality preschool services. The Governor of a State desiring for the State to receive a payment under this section shall designate a lead agency (such as a State agency or joint interagency office) for the administration of the State's preschool program under this section. In order to be eligible for payments under this section, the Governor of a State shall submit a State plan to the Secretary for approval by the Secretary, in collaboration with the Secretary of Education, at such time, in such manner, and containing such information as the Secretary shall by rule require, that includes a plan for achieving universal, high-quality, free, inclusive, and mixed-delivery preschool services. Such plan shall include, at a minimum, each of the following: A certification that— the State has in place, or will have in place no later than 1 year after the State first receives funding under this section, developmentally appropriate, evidence-based preschool education 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; and the State will coordinate such standards with other early learning standards in the State. 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; and that the local preschool programs in the State funded under this section will— by not later than 18 months after the program receives such funding, meet the State’s preschool education standards described in paragraph (1); offer programming that meets the duration requirements of at least 1,020 annual hours; adopt policies and practices to conduct outreach and provide expedited enrollment, including prioritization, to— children experiencing homelessness (which, in the case of a child attending a program provided by an eligible provider described in section 301(6)(A), shall include immediate enrollment for the child); children in foster care or kinship care; children in families who are engaged in migrant or seasonal agricultural labor; children with disabilities, including eligible children who are served under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ); and dual language learners; provide for salaries, and set schedules for salaries, for staff of providers in the State preschool program, including staff serving infants and toddlers employed by the same provider, 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 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 6 years after the date on which the State first receives funds under this section, except that— subject to subclause (II), the requirements under this clause shall not apply to individuals who were employed by an eligible provider or early education program for a cumulative 3 of the 5 years immediately preceding the date of enactment of this Act and have the necessary content knowledge and teaching skills for early childhood educators, as demonstrated through measures determined by the State; and nothing in this section shall require the State to lessen State requirements for educational qualifications, in existence on the date of enactment of this Act, to serve as a teacher in a State preschool program. For States with existing publicly funded State preschool programs (as of the date of submission of the State plan), a description of how the State plans to use funding provided under this section to ensure that such existing programs in the State meet the requirements of this title for a State preschool program. A description of how the State, in establishing and operating the State preschool program supported under this section, will— support a mixed-delivery system for any new slots funded under this section, including by facilitating the participation of Head Start programs and programs offered by licensed child care providers; ensure the State preschool program does not disrupt the stability of infant and toddler child care throughout the State; ensure adequate consultation with 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) ) in the development of its plan, including consultation in how the State intends to distribute slots under subparagraph (E); partner with Head Start agencies to ensure the full utilization of Head Start programs within the State; and distribute new preschool slots and resources equitably among child care (including family child care) providers, Head Start agencies, and schools within the State. A certification that the State, in operating the program described in this section for a fiscal year— will not reduce the total preschool slots provided in State-funded preschool programs from the number of such slots in the previous fiscal year; or if the number of eligible children identified in the State declines from the previous fiscal year, will maintain at least the previous year's ratio of the total preschool slots described in subparagraph
(A)to eligible children so identified. 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 ( 20 U.S.C. 1400 et seq. ), and a description of how the State will collaborate with entities carrying out programs under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), to support inclusive preschool programs. An assurance that the State will provide assistance under this section only to eligible providers that prohibit the use of suspension, expulsion, and aversive behavioral interventions in the State preschool program described in this section. An assurance that the State will coordinate services provided under this title with services and supports provided under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ), section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act ( Public Law 114–95 ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ), and the maternal, infant, and early childhood home visiting programs under section 511 of the Social Security Act ( 42 U.S.C. 711 ). A certification that the State will support the continuous quality improvement of programs providing preschool services under this title, 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 title. 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 title. A certification that subgrant and contract amounts provided as described in section 304 will be sufficient to enable eligible providers to meet the requirements of this title, and will provide for increased payment amounts based on the criteria described in clauses
(iv)and
(v)of paragraph (2)(B). An agreement to provide to the Secretary such periodic reports, providing a detailed accounting of the uses of funding received under this section, as the Secretary may require for the administration of this section. Each State plan shall remain in effect for a period of not more than 3 years. Amendments to the State plan shall remain in effect for the duration of the plan.
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