[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1429 Enrolled Bill (ENR)]
\Alpha3\E\HSEENR\h1429--enr.xml [file 1 of 1]
H.R.1429
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To reauthorize the Head Start Act, to improve program quality, to expand
access, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Improving Head
Start for School Readiness Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Statement of purpose.
Sec. 3. Definitions.
Sec. 4. Financial assistance for Head Start programs.
Sec. 5. Authorization of appropriations.
Sec. 6. Allotment of funds; limitations on assistance.
Sec. 7. Designation of Head Start agencies.
Sec. 8. Standards; monitoring of Head Start agencies and programs.
Sec. 9. Powers and functions of Head Start agencies.
Sec. 10. Head start transition and alignment with K-12 education.
Sec. 11. Early childhood education, coordination, and improvement.
Sec. 12. Submission of plans.
Sec. 13. Administrative requirements and standards.
Sec. 14. Participation in Head Start programs.
Sec. 15. Early Head Start programs.
Sec. 16. Appeals, notice, and hearing.
Sec. 17. Records and audits.
Sec. 18. Technical assistance and training.
Sec. 19. Staff qualifications and development.
Sec. 20. Research, demonstrations, and evaluation.
Sec. 21. Reports.
Sec. 22. Comparability of wages.
Sec. 23. Limitation with respect to certain unlawful activities.
Sec. 24. Political activities.
Sec. 25. Parental consent requirement for health services.
Sec. 26. Centers of Excellence in Early Childhood.
Sec. 27. General provisions.
Sec. 28. Compliance with Improper Payments Information Act of 2002.
Sec. 29. References in other Acts.
SEC. 2. STATEMENT OF PURPOSE.
Section 636 of the Head Start Act (42 U.S.C. 9831) is amended to
read as follows:
``SEC. 636. STATEMENT OF PURPOSE.
``It is the purpose of this subchapter to promote the school
readiness of low-income children by enhancing their cognitive, social,
and emotional development--
``(1) in a learning environment that supports children's growth
in language, literacy, mathematics, science, social and emotional
functioning, creative arts, physical skills, and approaches to
learning; and
``(2) through the provision to low-income children and their
families of health, educational, nutritional, social, and other
services that are determined, based on family needs assessments, to
be necessary.''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 637 of the Head Start Act (42 U.S.C. 9832)
is amended--
(1) in paragraph (2), by inserting ``(including a community-
based organization, as defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801))'' after
``nonprofit'';
(2) in paragraph (3)(C), by inserting ``, and financial
literacy.'' after ``self-sufficiency'';
(3) in paragraph (12), by striking ``migrant and seasonal Head
Start program'' and inserting ``migrant or seasonal Head Start
program'';
(4) by striking paragraph (17) and inserting the following:
``(17) The term `State' means a State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, American Samoa, the
Virgin Islands of the United States, and the Commonwealth of the
Northern Mariana Islands. The term includes the Republic of Palau
for fiscal years 2008 and 2009, and (if the legislation described
in section 640(a)(2)(B)(v) has not been enacted by September 30,
2009) for fiscal years 2010 through 2012.''; and
(5) by adding at the end the following:
``(18) The term `deficiency' means--
``(A) a systemic or substantial material failure of an
agency in an area of performance that the Secretary determines
involves--
``(i) a threat to the health, safety, or civil rights
of children or staff;
``(ii) a denial to parents of the exercise of their
full roles and responsibilities related to program
operations;
``(iii) a failure to comply with standards related to
early childhood development and health services, family and
community partnerships, or program design and management;
``(iv) the misuse of funds received under this
subchapter;
``(v) loss of legal status (as determined by the
Secretary) or financial viability, loss of permits,
debarment from receiving Federal grants or contracts, or
the improper use of Federal funds; or
``(vi) failure to meet any other Federal or State
requirement that the agency has shown an unwillingness or
inability to correct, after notice from the Secretary,
within the period specified;
``(B) systemic or material failure of the governing body of
an agency to fully exercise its legal and fiduciary
responsibilities; or
``(C) an unresolved area of noncompliance.
``(19) The term `homeless children' has the meaning given the
term `homeless children and youths' in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
``(20) The term `institution of higher education' has the
meaning given the term in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)).
``(21) The term `interrater reliability' means the extent to
which 2 or more independent raters or observers consistently obtain
the same result when using the same assessment tool.
``(22) The term `limited English proficient', used with respect
to a child, means a child--
``(A)(i) who was not born in the United States or whose
native language is a language other than English;
``(ii)(I) who is a Native American (as defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), an Alaska Native, or a native resident of an
outlying area (as defined in such section 9101); and
``(II) who comes from an environment where a language other
than English has had a significant impact on the child's level
of English language proficiency; or
``(iii) who is migratory, whose native language is a
language other than English, and who comes from an environment
where a language other than English is dominant; and
``(B) whose difficulties in speaking or understanding the
English language may be sufficient to deny such child--
``(i) the ability to successfully achieve in a
classroom in which the language of instruction is English;
or
``(ii) the opportunity to participate fully in society.
``(23) The term `principles of scientific research' means
principles of research that--
``(A) applies rigorous, systematic, and objective
methodology to obtain reliable and valid knowledge relevant to
education activities and programs;
``(B) presents findings and makes claims that are
appropriate to and supported by methods that have been
employed; and
``(C) includes, as appropriate to the research being
conducted--
``(i) use of systematic, empirical methods that draw on
observation or experiment;
``(ii) use of data analyses that are adequate to
support the general findings;
``(iii) reliance on measurements or observational
methods that provide reliable and generalizable findings;
``(iv) strong claims of causal relationships, only with
research designs that eliminate plausible competing
explanations for observed results, such as, but not limited
to, random assignment experiments;
``(v) presentation of studies and methods in sufficient
detail and clarity to allow for replication or, at a
minimum, to offer the opportunity to build systematically
on the findings of the research;
``(vi) acceptance by a peer-reviewed journal or
critique by a panel of independent experts through a
comparably rigorous, objective, and scientific review; and
``(vii) consistency of findings across multiple studies
or sites to support the generality of results and
conclusions.
``(24) The term `professional development' means high-quality
activities that will improve the knowledge and skills of Head Start
teachers and staff, as relevant to their roles and functions, in
program administration and the provision of services and
instruction, as appropriate, in a manner that improves service
delivery to enrolled children and their families, including
activities that--
``(A) are part of a sustained effort to improve overall
program quality and outcomes for enrolled children and their
families;
``(B) are developed or selected with extensive
participation of administrators and teachers from Head Start
programs;
``(C) are developmentally appropriate for the children
being served;
``(D) include instruction in ways that Head Start teachers
and staff may work more effectively with parents, as
appropriate;
``(E) are designed to give Head Start teachers and staff
the knowledge and skills to provide instruction and appropriate
support services to children of diverse backgrounds, as
appropriate;
``(F) may include a 1-day or short-term workshop or
conference, if the workshop or conference is consistent with
the goals in the professional development plan described in
section 648A(f) and will be delivered by an institution of
higher education or other entity, with expertise in delivering
training in early childhood development, training in family
support, and other assistance designed to improve the delivery
of Head Start services; and
``(G) in the case of teachers, assist teachers with--
``(i) the acquisition of the content knowledge and
teaching strategies needed to provide effective instruction
and other school readiness services regarding early
language and literacy, early mathematics, early science,
cognitive skills, approaches to learning, creative arts,
physical health and development, and social and emotional
development linked to school readiness;
``(ii) meeting the requirements in paragraphs (1) and
(2) of section 648A(a), as appropriate;
``(iii) improving classroom management skills, as
appropriate;
``(iv) advancing their understanding of effective
instructional strategies that are--
``(I) based on scientifically valid research; and
``(II) aligned with--
``(aa) the Head Start Child Outcomes Framework
developed by the Secretary and, as appropriate,
State early learning standards; and
``(bb) curricula, ongoing assessments, and
other instruction and services, designed to help
meet the standards described in section 641A(a)(1);
``(v) acquiring the knowledge and skills to provide
instruction and appropriate language and support services
to increase the English language skills of limited English
proficient children, as appropriate; or
``(vi) methods of teaching children with disabilities,
as appropriate.
``(25) The term `scientifically valid research' includes
applied research, basic research, and field-initiated research in
which the rationale, design, and interpretation are soundly
developed in accordance with principles of scientific research.
``(26) The term `unresolved area of noncompliance' means
failure to correct a noncompliance item within 120 days, or within
such additional time (if any) as is authorized by the Secretary,
after receiving from the Secretary notice of such noncompliance
item, pursuant to section 641A(c).''.
(b) Redesignation and Reordering of Definitions.--Section 637 of
such Act is amended--
(1) by redesignating paragraphs (1) through (23) as paragraphs
(1), (3), (4), (5), (6), (7), (8), (9), (10), (12), (16), (17),
(18), (19), (22), (24), (25), (2), (11), (13), (14), (15), (20),
(21), (23), and (26), respectively; and
(2) so that paragraphs (1) through (26), as so redesignated in
paragraph (1), appear in numerical order.
SEC. 4. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is amended by
inserting ``for a period of 5 years'' after ``provide financial
assistance to such agency''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to
read as follows:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subchapter (other than section 657B) $7,350,000,000 for fiscal year
2008, $7,650,000,000 for fiscal year 2009, $7,995,000,000 for fiscal
year 2010, and such sums as may be necessary for each of fiscal years
2011 and 2012.''.
SEC. 6. ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE.
(a) Allotment of Funds.--Section 640(a) of the Head Start Act (42
U.S.C. 9835(a)) is amended to read as follows:
``(a)(1) Using the sums appropriated pursuant to section 639 for a
fiscal year, the Secretary shall allocate such sums in accordance with
paragraphs (2) through (5).
``(2)(A) The Secretary shall determine an amount for each fiscal
year for each State that is equal to the amount received through base
grants for the prior fiscal year by the Head Start agencies (including
Early Head Start agencies) in the State that are not described in
clause (ii) or (iii) of subparagraph (B).
``(B) The Secretary shall reserve for each fiscal year such sums as
are necessary--
``(i) to provide each amount determined for a State under
subparagraph (A) to the Head Start agencies (including Early Head
Start agencies) in the State that are not described in clause (ii)
or (iii), by allotting to each agency described in this clause an
amount equal to that agency's base grant for the prior fiscal year;
``(ii) to provide an amount for the Indian Head Start programs
that is equal to the amount provided for base grants for such
programs under this subchapter for the prior fiscal year, by
allotting to each Head Start agency (including each Early Head
Start agency) administering an Indian Head Start program an amount
equal to that agency's base grant for the prior fiscal year;
``(iii) to provide an amount for the migrant and seasonal Head
Start programs, on a nationwide basis, that is equal to the amount
provided nationwide for base grants for such programs under this
subchapter for the prior fiscal year, by allotting to each Head
Start agency administering a migrant or seasonal Head Start program
an amount equal to that agency's base grant for the prior fiscal
year;
``(iv) to provide an amount for each of Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the Virgin
Islands of the United States (for Head Start agencies (including
Early Head Start agencies) in the jurisdiction) that is equal to
the amount provided for base grants for such jurisdiction under
this subchapter for the prior fiscal year, by allotting to each
agency described in this clause an amount equal to that agency's
base grant for the prior fiscal year;
``(v) to provide an amount for the Republic of Palau (for Head
Start agencies (including Early Head Start agencies) in the
jurisdiction) for each of fiscal years 2008 and 2009, and (if
legislation approving a new agreement regarding United States
assistance for the Republic of Palau has not been enacted by
September 30, 2009) for each of fiscal years 2010 through 2012,
that is equal to the amount provided for base grants for such
jurisdiction under this subchapter for the prior fiscal year, by
allotting to each agency described in this clause an amount equal
to that agency's base grant for the prior fiscal year; and
``(vi) to provide an amount for a collaboration grant under
section 642B(a) for each State, for the Indian Head Start programs,
and for the migrant and seasonal Head Start programs, in the same
amount as the corresponding collaboration grant provided under this
subchapter for fiscal year 2007.
``(C)(i) The Secretary shall reserve for each fiscal year an amount
that is not less than 2.5 percent and not more than 3 percent of the
sums appropriated pursuant to section 639 for that fiscal year, to fund
training and technical assistance activities, from which reserved
amount--
``(I) the Secretary shall set aside a portion, but not less
than 20 percent, to be used to fund training and technical
assistance activities for Early Head Start programs, in accordance
with section 645A(g)(2); and
``(II) the Secretary shall set aside a portion, equal to the
rest of the reserved amount, to fund training and technical
assistance activities for other Head Start programs, in accordance
with section 648, of which portion--
``(aa) not less than 50 percent shall be made available to
Head Start agencies to use directly, which may include at their
discretion the establishment of local or regional agreements
with community experts, institutions of higher education, or
private consultants, to make program improvements identified by
such agencies, by carrying out the training and technical
assistance activities described in section 648(d);
``(bb) not less than 25 percent shall be available to the
Secretary to support a State-based training and technical
assistance system, or a national system, described in section
648(e) for supporting program quality; and
``(cc) the remainder of the portion set aside under this
subclause shall be available to the Secretary to assist Head
Start agencies in meeting and exceeding the standards described
in section 641A(a)(1) by carrying out activities described in
subsections (a), (b), (c), (f), and (g) of section 648,
including helping Head Start programs address weaknesses
identified by monitoring activities conducted by the Secretary
under section 641A(c), except that not less than $3,000,000 of
the remainder shall be made available to carry out activities
described in section 648(a)(3)(B)(ii).
``(ii) In determining the portion set aside under clause (i)(I) and
the amount reserved under this subparagraph, the Secretary shall
consider the number of Early Head Start programs newly funded for that
fiscal year.
``(D) The Secretary shall reserve not more than $20,000,000 to fund
research, demonstration, and evaluation activities under section 649,
of which not more than $7,000,000 for each of fiscal years 2008 through
2012 shall be available to carry out impact studies under section
649(g).
``(E) The Secretary shall reserve not more than $42,000,000 for
discretionary payments by the Secretary, including payments for all
costs (other than compensation of Federal employees) for activities
carried out under subsection (c) or (e) of section 641A.
``(F) If the sums appropriated under section 639 are not sufficient
to provide the amounts required to be reserved under subparagraphs (B)
through (E), the amounts shall be reduced proportionately.
``(G) Nothing in this section shall be construed to deny the
Secretary the authority, consistent with sections 641, 641A, and 646 to
terminate, suspend, or reduce funding to a Head Start agency.
``(3)(A) From any amount remaining for a fiscal year after the
Secretary carries out paragraph (2) (referred to in this paragraph as
the `remaining amount'), the Secretary shall--
``(i) subject to clause (ii)--
``(I) provide a cost of living increase for each Head Start
agency (including each Early Head Start agency) funded under
this subchapter for that fiscal year, to maintain the level of
services provided during the prior year; and
``(II) subject to subparagraph (B), provide $10,000,000 for
Indian Head Start programs (including Early Head Start
programs), and $10,000,000 for migrant and seasonal Head Start
programs, to increase enrollment in the programs involved;
``(ii) subject to clause (iii), if the remaining amount is not
sufficient to carry out clause (i)--
``(I) for each of fiscal years 2008, 2009, and 2010--
``(aa) subject to subparagraph (B), provide 5 percent
of that amount for Indian Head Start programs (including
Early Head Start programs), and 5 percent of that amount
for migrant and seasonal Head Start programs, to increase
enrollment in the programs involved; and
``(bb) use 90 percent of that amount to provide, for
each Head Start agency (including each Early Head Start
agency) funded as described in clause (i)(I), the same
percentage (but not less than 50 percent) of the cost of
living increase described in clause (i); and
``(II) for fiscal year 2011 and each subsequent fiscal
year--
``(aa) provide, for each Head Start agency (including
each Early Head Start agency) funded as described in clause
(i)(I), the cost of living increase described in clause
(i); and
``(bb) subject to subparagraph (B), with any portion of
the remaining amount that is not used under item (aa),
provide equal amounts for Indian Head Start programs
(including Early Head Start programs), and for migrant and
seasonal Head Start programs, to increase enrollment in the
programs involved; and
``(iii) if the remaining amount is not sufficient to carry out
clause (ii) for the fiscal year involved, use that amount to
provide, for each Head Start agency (including each Early Head
Start agency) funded as described in clause (i)(I), the same
percentage of the cost of living increase described in clause (i).
``(B)(i) Notwithstanding any other provision of this paragraph, the
Indian Head Start programs shall not receive more than a total
cumulative amount of $50,000,000 for all fiscal years, and the migrant
and seasonal Head Start programs shall not receive more than a total
cumulative amount of $50,000,000 for all fiscal years, under clause
(i)(II), and subclauses (I)(aa) and (II)(bb) of clause (ii), of
subparagraph (A) (referred to in this subsection as the `special
expansion provisions'), to increase enrollment in the programs
involved.
``(ii)(I) Funds that are appropriated under section 639 for a
fiscal year, and made available to Indian Head Start programs or
migrant or seasonal Head Start programs under the special expansion
provisions, shall remain available until the end of the following
fiscal year.
``(II) For purposes of subclause (I)--
``(aa) if no portion is reallocated under clause (iii), those
funds shall remain available to the programs involved; or
``(bb) if a portion is reallocated under clause (iii), the
portion shall remain available to the recipients of the portion.
``(iii) Of the funds made available as described in clause (ii),
the Secretary shall reallocate the portion that the Secretary
determines is unobligated 18 months after the funds are made available.
The Secretary shall add that portion to the balance described in
paragraph (4), and reallocate the portion in accordance with paragraph
(4), for the following fiscal year referred to in clause (ii).
``(4)(A) Except as provided in subparagraph (B), from any amount
remaining for a fiscal year after the Secretary carries out paragraphs
(2) and (3) (referred to in this paragraph as the `balance'), the
Secretary shall--
``(i) reserve 40 percent to carry out subparagraph (C) and
paragraph (5);
``(ii) reserve 45 percent to carry out subparagraph (D); and
``(iii) reserve 15 percent (which shall remain available
through the end of fiscal year 2012) to provide funds for carrying
out section 642B(b)(2).
``(B)(i) Under the circumstances described in clause (ii), from the
balance, the Secretary shall--
``(I) reserve 45 percent to carry out subparagraph (C) and
paragraph (5); and
``(II) reserve 55 percent to carry out subparagraph (D).
``(ii) The Secretary shall make the reservations described in
clause (i) for a fiscal year if--
``(I) the total cumulative amount reserved under subparagraph
(A)(iii) for all preceding fiscal years equals $100,000,000; or
``(II) in the 2-year period preceding such fiscal year, funds
were reserved under subparagraph (A)(iii) in an amount that totals
not less than $15,000,000 and the Secretary received no approvable
applications for such funds.
``(iii) The total cumulative amount reserved under subparagraph
(A)(iii) for all fiscal years may not be greater than $100,000,000.
``(C) The Secretary shall fund the quality improvement activities
described in paragraph (5) using the amount reserved under subparagraph
(A)(i) or subparagraph (B)(i)(I), as appropriate, of which--
``(i) a portion that is less than 10 percent may be reserved by
the Secretary to provide funding to Head Start agencies (including
Early Head Start agencies) that demonstrate the greatest need for
additional funding for such activities, as determined by the
Secretary; and
``(ii) a portion that is not less than 90 percent shall be
reserved by the Secretary to allot, to each Head Start agency
(including each Early Head Start agency), an amount that bears the
same ratio to such portion as the number of enrolled children
served by the agency involved bears to the number of enrolled
children served by all the Head Start agencies (including Early
Head Start agencies), except that the Secretary shall account for
the additional costs of serving children in Early Head Start
programs and may consider whether an agency is providing a full-day
program or whether an agency is providing a full-year program.
``(D) The Secretary shall fund expansion of Head Start programs
(including Early Head Start programs) using the amount reserved under
subparagraph (A)(ii) or subparagraph (B)(i)(II), as appropriate, of
which the Secretary shall--
``(i) use 0.2 percent for Head Start programs funded under
clause (iv) or (v) of paragraph (2)(B) (other than Early Head Start
programs);
``(ii) for any fiscal year after the last fiscal year for which
Indian Head Start programs receive funds under the special
expansion provisions, use 3 percent for Head Start programs funded
under paragraph (2)(B)(ii) (other than Early Head Start programs),
except that the Secretary may increase that percentage if the
Secretary determines that the results of the study conducted under
section 649(k) indicate that the percentage should be increased;
``(iii) for any fiscal year after the last fiscal year for
which migrant or seasonal Head Start programs receive funds under
the special expansion provisions, use 4.5 percent for Head Start
programs funded under paragraph (2)(B)(iii) (other than Early Head
Start programs), except that the Secretary may increase that
percentage if the Secretary determines that the results of the
study conducted under section 649(l) indicate that the percentage
should be increased; and
``(iv) from the remainder of the reserved amount--
``(I) use 50 percent for Head Start programs funded under
paragraph (2)(B)(i) (other than Early Head Start programs), of
which--
``(aa) the covered percentage shall be allocated among
the States serving less than 60 percent (as determined by
the Secretary) of children who are 3 or 4 years of age from
families whose income is below the poverty line, by
allocating to each of those States an amount that bears the
same relationship to that covered percentage as the number
of children who are less than 5 years of age from families
whose income is below the poverty line (referred to in this
subclause as `young low-income children') in that State
bears to the number of young low-income children in all
those States; and
``(bb) the remainder shall be allocated proportionately
among the States on the basis of the number of young low-
income children; and
``(II) use 50 percent for Early Head Start programs.
``(E) In this paragraph, the term `covered percentage' means--
``(i) for fiscal year 2008, 30 percent;
``(ii) for fiscal year 2009, 40 percent;
``(iii) for fiscal year 2010, 50 percent;
``(iv) for fiscal year 2011, 55 percent; and
``(v) for fiscal year 2012, 55 percent.
``(5)(A) Not less than 50 percent of the amount reserved under
subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of
paragraph (4) to carry out quality improvement activities under
paragraph (4)(C) and this paragraph shall be used to improve the
compensation (including benefits) of educational personnel, family
service workers, and child counselors, as described in sections 644(a)
and 653, in the manner determined by the Head Start agencies (including
Early Head Start agencies) involved, to--
``(i) ensure that compensation is adequate to attract and
retain qualified staff for the programs involved in order to
enhance program quality;
``(ii) improve staff qualifications and assist with the
implementation of career development programs for staff that
support ongoing improvement of their skills and expertise; and
``(iii) provide education and professional development to
enable teachers to be fully competent to meet the professional
standards established under section 648A(a)(1), including--
``(I) providing assistance to complete postsecondary course
work;
``(II) improving the qualifications and skills of
educational personnel to become certified and licensed as
bilingual education teachers, or as teachers of English as a
second language; and
``(III) improving the qualifications and skills of
educational personnel to teach and provide services to children
with disabilities.
``(B) Any remaining funds from the reserved amount described in
subparagraph (A) shall be used to carry out any of the following
activities:
``(i) Supporting staff training, child counseling, and other
services, necessary to address the challenges of children from
immigrant, refugee, and asylee families, homeless children,
children in foster care, limited English proficient children,
children of migrant or seasonal farmworker families, children from
families in crisis, children referred to Head Start programs
(including Early Head Start programs) by child welfare agencies,
and children who are exposed to chronic violence or substance
abuse.
``(ii) Ensuring that the physical environments of Head Start
programs are conducive to providing effective program services to
children and families, and are accessible to children with
disabilities and other individuals with disabilities.
``(iii) Employing additional qualified classroom staff to
reduce the child-to-teacher ratio in the classroom and additional
qualified family service workers to reduce the family-to-staff
ratio for those workers.
``(iv) Ensuring that Head Start programs have qualified staff
that promote the language skills and literacy growth of children
and that provide children with a variety of skills that have been
identified, through scientifically based reading research, as
predictive of later reading achievement.
``(v) Increasing hours of program operation, including--
``(I) conversion of part-day programs to full-working-day
programs; and
``(II) increasing the number of weeks of operation in a
calendar year.
``(vi) Improving communitywide strategic planning and needs
assessments for Head Start programs and collaboration efforts for
such programs, including outreach to children described in clause
(i).
``(vii) Transporting children in Head Start programs safely,
except that not more than 10 percent of funds made available to
carry out this paragraph may be used for such purposes.
``(viii) Improving the compensation and benefits of staff of
Head Start agencies, in order to improve the quality of Head Start
programs.
``(6) No sums appropriated under this subchapter may be combined
with funds appropriated under any provision other than this subchapter
if the purpose of combining funds is to make a single discretionary
grant or a single discretionary payment, unless such sums appropriated
under this subchapter are separately identified in such grant or
payment and are used for the purposes of this subchapter.
``(7) In this subsection:
``(A) The term `base grant', used with respect to a fiscal
year, means the amount of permanent ongoing funding (other than
funding described in sections 645A(g)(2)(A)(i) and paragraph
(2)(C)(i)(II)(aa)) provided to a Head Start agency (including an
Early Head Start agency) under this subchapter for that fiscal
year.
``(B) The term `cost-of-living increase', used with respect to
an agency for a fiscal year, means an increase in the funding for
that agency, based on the percentage change in the Consumer Price
Index for All Urban Consumers (issued by the Bureau of Labor
Statistics) for the prior fiscal year, calculated on the amount of
the base grant for that agency for the prior fiscal year.
``(C) For the purposes of this subsection, the term `State'
does not include Guam, American Samoa, the Virgin Islands of the
United States, the Commonwealth of the Northern Mariana Islands,
the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''.
(b) Minimum Enrollment Requirement for Children With
Disabilities.--Section 640(d) of the Head Start Act (42 U.S.C. 9835(d))
is amended to read as follows:
``(d)(1) The Secretary shall establish policies and procedures to
assure that, for fiscal year 2009 and thereafter, not less than 10
percent of the total number of children actually enrolled by each Head
Start agency and each delegate agency will be children with
disabilities who are determined to be eligible for special education
and related services, or early intervention services, as appropriate,
as determined under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), by 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.).
``(2) Such policies and procedures shall ensure the provision of
early intervening services, such as educational and behavioral services
and supports, to meet the needs of children with disabilities, prior to
an eligibility determination under the Individuals with Disabilities
Education Act.
``(3) Such policies and procedures shall require Head Start
agencies to provide timely referral to and collaborate with the State
or local agency providing services under section 619 or part C of the
Individuals with Disabilities Education Act to ensure the provision of
special education and related services and early intervention services,
and the coordination of programmatic efforts, to meet the special needs
of such children.
``(4) The Secretary shall establish policies and procedures to
provide Head Start agencies with waivers of the requirements of
paragraph (1) for not more than 3 years. Such policies and procedures
shall require Head Start agencies, in order to receive such waivers, to
provide evidence demonstrating that the Head Start agencies are making
reasonable efforts on an annual basis to comply with the requirements
of that paragraph.
``(5) Nothing in this subsection shall be construed to limit or
create a right to a free appropriate public education under the
Individuals with Disabilities Education Act.''.
(c) Service Delivery Models.--Section 640(f) of the Head Start Act
(42 U.S.C. 9835(f)) is amended--
(1) by striking ``(f) The'' and inserting ``(f)(1) Not later
than 1 year after the date of enactment of the Improving Head Start
for School Readiness Act of 2007, the'';
(2) by striking ``needs.'' and inserting ``needs, including
models that leverage the capacity and capabilities of the delivery
system of early childhood education and development services or
programs.''; and
(3) by adding at the end the following:
``(2) In establishing the procedures the Secretary shall establish
procedures to provide for--
``(A) the conversion of part-day programs to full-working-day
programs or part-day slots to full-working-day slots; and
``(B) serving additional infants and toddlers pursuant to
section 645(a)(5).''.
(d) Additional Funds.--Section 640(g) of the Head Start Act (42
U.S.C. 9835(g)) is amended--
(1) by striking paragraphs (1), (3), and (4);
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``, in allocating funds to an applicant within a State, from
amounts allotted to a State pursuant to subsection (a)(4),'';
(B) in subparagraph (A), by striking ``performance
standards'' and inserting ``standards described in section
641A(a)(1)'';
(C) by striking subparagraph (C) and inserting the
following:
``(C) the extent to which the applicant has undertaken a
communitywide strategic planning and needs assessment involving
other entities, including community organizations, and Federal,
State, and local public agencies (including the local educational
agency liaison designated under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii))), that provide services to children and
families, such as--
``(i) family support services;
``(ii) child abuse prevention services;
``(iii) protective services;
``(iv) foster care;
``(v) services for families in whose homes English is not
the language customarily spoken;
``(vi) services for children with disabilities; and
``(vii) services for homeless children;'';
(D) in subparagraph (D)--
(i) by striking ``family and community needs
assessment'' and inserting ``family needs assessment and
communitywide strategic planning and needs assessment'';
(ii) by striking ``reflects'' and inserting
``reflect''; and
(iii) by striking ``other local'' and inserting ``the
State and local'';
(E) by striking subparagraph (E) and inserting the
following:
``(E) the number of eligible children, as described in
clause (i) or (ii) of section 645(a)(1)(B), in each community
who are not participating in a Head Start program or any other
publicly funded early childhood education and development
program;'';
(F) by striking subparagraphs (G) and (H) and inserting the
following:
``(G) the extent to which the applicant proposes to foster
partnerships with other service providers in a manner that will
leverage the existing delivery systems of such services and enhance
the resource capacity of the applicant; and
``(H) the extent to which the applicant, in providing services,
successfully coordinated activities with the local educational
agency serving the community involved (including the local
educational agency liaison designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(g)(1)(J)(ii))), and with schools in which children
participating in such applicant's program will enroll following
such program, with respect to such services and the education
services provided by such local educational agency.'';
(3) by redesignating paragraph (2) as paragraph (1); and
(4) by adding at the end the following:
``(2) Notwithstanding paragraph (1), in using funds made available
for expansion under subsection (a)(4)(D), the Secretary shall first
allocate the funds to qualified applicants proposing to use such funds
to serve children from families with incomes below the poverty line.
Agencies that receive such funds are subject to the eligibility and
enrollment requirements under section 645(a)(1).
``(3)(A) In the event that the amount appropriated to carry out the
program under this subchapter for a fiscal year does not exceed the
amount appropriated for the prior fiscal year, or is not sufficient to
maintain services comparable to the services provided under this
subchapter during the prior fiscal year, a Head Start agency may
negotiate with the Secretary a reduced funded enrollment level without
a reduction in the amount of the grant received by the agency under
this subchapter, if such agency can reasonably demonstrate that such
reduced funded enrollment level is necessary to maintain the quality of
services.
``(B) In accordance with this paragraph, the Secretary shall set up
a process for Head Start agencies to negotiate the reduced funded
enrollment levels referred to in subparagraph (A) for the fiscal year
involved.
``(C) In the event described in subparagraph (A), the Secretary
shall be required to notify Head Start agencies of their ability to
negotiate the reduced funded enrollment levels if such an agency can
reasonably demonstrate that such reduced funded enrollment level is
necessary to maintain the quality of services.''.
(e) Vehicle Safety Requirements.--Section 640(i) of the Head Start
Act (42 U.S.C. 9835(i)) is amended by adding at the end the following:
``The regulations shall also establish requirements to ensure the
appropriate supervision of, and appropriate background checks for,
individuals with whom the agencies contract to transport those
children.''.
(f) Migrant and Seasonal Head Start Programs.--Section 640(l) of
the Head Start Act (42 U.S.C. 9835(l)) is amended--
(1) in paragraph (1)--
(A) by striking ``With funds'' and all that follows through
``programs,'' and inserting ``With funds made available under
this subchapter to expand migrant and seasonal Head Start
programs,''; and
(B) by striking ``children of migrant and seasonal
farmworker families'' and inserting ``children of migrant or
seasonal farmworker families'';
(2) in paragraph (2)--
(A) by striking ``For'' and all that follows through ``in
determining'' and inserting ``In determining'';
(B) by striking ``children of migrant farmworkers'' and
inserting ``children of migrant farmworker families'';
(C) by striking ``under such subsection'' and inserting
``under this subchapter'';
(D) by striking ``children of seasonal farmworkers'' each
place it appears and inserting ``children of seasonal
farmworker families''; and
(E) by striking ``children of such farmworkers'' and
inserting ``children of such farmworker families''; and
(3) by striking paragraph (3) and inserting the following:
``(3) In carrying out this subchapter, the Secretary shall continue
the administrative arrangement at the national level for meeting the
needs of Indian children and children of migrant and seasonal
farmworker families and shall ensure--
``(A) the provision of training and technical assistance by
staff with knowledge of and experience in working with such
populations; and
``(B) the appointment of a national Indian Head Start
collaboration director and a national migrant and seasonal Head
Start collaboration director.
``(4)(A) For the purposes of paragraph (3), the Secretary shall
conduct an annual consultation in each affected Head Start region, with
tribal governments operating Head Start (including Early Head Start)
programs.
``(B) The consultations shall be for the purpose of better meeting
the needs of Indian, including Alaska Native, children and their
families, in accordance with this subchapter, taking into consideration
funding allocations, distribution formulas, and other issues affecting
the delivery of Head Start services in their geographic locations.
``(C) The Secretary shall publish a notification of the
consultations in the Federal Register before conducting the
consultations.
``(D) The Secretary shall ensure that a detailed report of each
consultation shall be prepared and made available, within 90 days after
the consultation, to all tribal governments receiving funds under this
subchapter.''.
(g) Enrollment of Homeless Children; Rule of Construction;
Materials.--Section 640 of the Head Start Act (42 U.S.C. 9835) is
amended by adding at the end the following:
``(m) The Secretary shall issue rules to establish policies and
procedures to remove barriers to the enrollment and participation of
homeless children in Head Start programs. Such rules shall require Head
Start agencies--
``(1) to implement policies and procedures to ensure that
homeless children are identified and prioritized for enrollment;
``(2) to allow families of homeless children to apply to,
enroll in, and attend Head Start programs while required documents,
such as proof of residency, immunization and other medical records,
birth certificates, and other documents, are obtained within a
reasonable time frame; and
``(3) to coordinate individual Head Start programs with efforts
to implement subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.).
``(n) Nothing in this subchapter shall be construed to require a
State to establish a publicly funded program of early childhood
education and development, or to require any child to participate in
such a publicly funded program, including a State-funded preschool
program, or to participate in any initial screening before
participating in a publicly funded program of early childhood education
and development, except as provided under sections 612(a)(3) and
635(a)(5) of the Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(3), 1435(a)(5)).
``(o) All curricula funded under this subchapter shall be based on
scientifically valid research, and be age and developmentally
appropriate. The curricula shall reflect all areas of child development
and learning and be aligned with the Head Start Child Outcomes
Framework. Parents shall have the opportunity to examine any such
curricula or instructional materials funded under this subchapter.''.
SEC. 7. DESIGNATION OF HEAD START AGENCIES.
Section 641 of the Head Start Act (42 U.S.C. 9836) is amended to
read as follows:
``SEC. 641. DESIGNATION OF HEAD START AGENCIES.
``(a) Authority To Designate.--
``(1) In general.--The Secretary is authorized to designate as
a Head Start agency any local public or private nonprofit agency,
including community-based and faith-based organizations, or for-
profit agency, within a community, pursuant to the requirements of
this section.
``(2) Interim policy.--Notwithstanding paragraph (1), until
such time as the Secretary develops and implements the system for
designation renewal under this section, the Secretary is authorized
to designate as a Head Start agency, any local public or private
nonprofit agency, including community-based and faith-based
organizations, or for-profit agency, within a community, in the
manner and process utilized by the Secretary prior to the enactment
of the Improving Head Start for School Readiness Act of 2007.
``(b) Application for Designation Renewal.--To be considered for
designation renewal, an entity shall submit an application to the
Secretary, at such time and in such manner as the Secretary may
require.
``(c) System for Designation Renewal.--
``(1) In general.--The Secretary shall develop a system for
designation renewal that integrates the recommendations of the
expert panel convened under paragraph (2) to determine if a Head
Start agency is delivering a high-quality and comprehensive Head
Start program that meets the educational, health, nutritional, and
social needs of the children and families it serves, and meets
program and financial management requirements and standards
described in section 641A(a)(1), based on--
``(A) annual budget and fiscal management data;
``(B) program reviews conducted under section 641A(c);
``(C) annual audits required under section 647;
``(D) classroom quality as measured under section
641A(c)(2)(F); and
``(E) Program Information Reports.
``(2) Expert panel.--Not later than 3 months after the date of
enactment of the Improving Head Start for School Readiness Act of
2007, the Secretary shall convene an expert panel of 7 members to
make recommendations to the Secretary on the development of a
transparent, reliable, and valid system for designation renewal.
``(3) Composition of expert panel.--The Secretary, in convening
such panel, shall appoint the following:
``(A)(i) One member, who has demonstrated competency, as
evidenced by training, expertise, and experience, in early
childhood program accreditation.
``(ii) One member, who has demonstrated competency (as so
evidenced) in research on early childhood development.
``(iii) One member, who has demonstrated competency (as so
evidenced) in governance and finance of nonprofit
organizations.
``(iv) One member, who has demonstrated competency (as so
evidenced) in delivery of services to populations of children
with special needs and their families.
``(v) One member, who has demonstrated competency (as so
evidenced) in assessment and evaluation of programs serving
young children.
``(B) An employee from the Office of Head Start.
``(C) An executive director of a Head Start agency.
``(4) Expert panel report.--Within 9 months after being
convened by the Secretary, the expert panel shall issue a report to
the Secretary that provides recommendations on a proposed system
for designation renewal that takes into account the criteria in
subparagraphs (A) through (E) of paragraph (1) to evaluate whether
a Head Start agency is fulfilling its mission to deliver a high-
quality and comprehensive Head Start program, including adequately
meeting its governance, legal, and financial management
requirements.
``(5) Public comment and consideration.--Not later than 3
months after receiving the report described in paragraph (4), the
Secretary shall publish a notice describing a proposed system for
designation renewal in the Federal Register, including a proposal
for the transition to such system, providing at least 90 days for
public comment. The Secretary shall review and consider public
comments prior to finalizing the system for designation renewal
described in this subsection.
``(6) Designation renewal system.--Not later than 12 months
after publishing a notice describing the proposed system under
paragraph (5), the Secretary shall implement the system for
designation renewal and use that system to determine--
``(A) whether a Head Start grantee is successfully
delivering a high-quality and comprehensive Head Start program;
and
``(B) whether the grantee has any unresolved deficiencies
found during the last triennial review under section 641A(c).
``(7) Implementation of the designation renewal system.--
``(A) In general.--A grantee who is determined under such
system--
``(i) to be delivering a high-quality and comprehensive
Head Start program shall be designated (consistent with
section 643) as a Head Start agency for the period of 5
years described in section 638;
``(ii) to not be delivering a high-quality and
comprehensive Head Start program shall be subject to an
open competition as described in subsection (d); and
``(iii) in the case of an Indian Head Start agency, to
not be delivering a high-quality and comprehensive Head
Start program shall (notwithstanding clause (ii)) be
subject to the requirements of subparagraph (B).
``(B) Tribal government consultation and reevaluation.--On
making a determination described in subparagraph (A)(iii), the
Secretary shall engage in government-to-government consultation
with the appropriate tribal government or governments for the
purpose of establishing a plan to improve the quality of Head
Start programs operated by the Indian Head Start agency. Such
plan shall be established and implemented within 6 months after
the Secretary's determination. Not more than 6 months after the
implementation of that plan, the Secretary shall reevaluate the
performance of the Indian Head Start agency. If the Indian Head
Start agency is still not delivering a high-quality and
comprehensive Head Start program, the Secretary shall conduct
an open competition as described in subsection (d), subject to
the limitations described in subsection (e).
``(8) Transparency, reliability, and validity.--The Secretary
shall ensure the system for designation renewal is fair,
consistent, and transparent and is applied in a manner that renews
designations, in a timely manner, grantees as Head Start agencies
for periods of 5 years if such grantees are delivering high-quality
and comprehensive Head Start programs. The Secretary shall
periodically evaluate whether the criteria of the system are being
applied in a manner that is transparent, reliable, and valid.
``(9) Transition.--
``(A) In general.--Each Head Start agency shall be reviewed
under the system for designation renewal described in paragraph
(6), not later than 3 years after the implementation of such
system.
``(B) Limitation.--A Head Start agency shall not be subject
to the requirements of the system for designation renewal prior
to 18 months after the date of enactment of the Improving Head
Start for School Readiness Act of 2007.
``(C) Schedule.--The Secretary shall establish and
implement a schedule for reviewing each Head Start agency under
the system for designation renewal described in paragraph (6),
consistent with subparagraphs (A) and (B).
``(10) Reports to congress.--The Secretary shall--
``(A) make available to the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate the report
described in paragraph (4);
``(B) concurrently with publishing a notice in the Federal
Register as described in paragraph (5), provide a report to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate that provides a detailed description
of the proposed system described in paragraph (5), including a
clear rationale for any differences between the proposed system
and the recommendations of the expert panel, if any such
differences exist; and
``(C) prior to implementing the system for designation
renewal, provide a report to the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate--
``(i) summarizing the public comment on the proposed
system and the Secretary's response to such comment; and
``(ii) describing the final system for designation
renewal and the plans for implementation of such system.
``(d) Designation When No Entity Is Renewed.--
``(1) In general.--If no entity in a community is determined to
be successfully delivering a high-quality and comprehensive Head
Start program, as specified in subsection (c), the Secretary shall,
after conducting an open competition, designate for a 5-year period
a Head Start agency from among qualified applicants in such
community.
``(2) Considerations for designation.--In selecting from among
qualified applicants for designation as a Head Start agency, the
Secretary shall consider the effectiveness of each such applicant
to provide Head Start services, based on--
``(A) any past performance of such applicant in providing
services comparable to Head Start services, including how
effectively such applicant provided such comparable services;
``(B) the plan of such applicant to provide comprehensive
health, educational, nutritional, social, and other services
needed to aid participating children in attaining their full
potential, and to prepare children to succeed in school;
``(C) the plan of such applicant to attract and retain
qualified staff capable of delivering, including implementing,
a high-quality and comprehensive program, including the ability
to carry out a research based curriculum aligned with the Head
Start Child Outcomes Framework and, as appropriate, State early
learning standards;
``(D) the ability of such applicant to maintain child-to-
teacher ratios and family service worker caseloads that reflect
best practices and are tied to high-quality service delivery;
``(E) the capacity of such applicant to serve eligible
children with--
``(i) curricula that are based on scientifically valid
research, that are developmentally appropriate, and that
promote the school readiness of children participating in
the program involved; and
``(ii) teaching practices that are based, as
appropriate, on scientifically valid research, that are
developmentally appropriate, and that promote the school
readiness of children participating in the program
involved;
``(F) the plan of such applicant to meet standards
described in section 641A(a)(1), with particular attention to
the standards described in subparagraphs (A) and (B) of such
section;
``(G) the proposed budget of the applicant and plan of such
applicant to maintain strong fiscal controls and cost-effective
fiscal management;
``(H) the plan of such applicant to coordinate and
collaborate with other public or private entities providing
early childhood education and development programs and services
for young children in the community involved, including--
``(i) programs implementing grant agreements under the
Early Reading First and Even Start programs under subparts
2 and 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6371 et seq.,
6381 et seq.);
``(ii) other preschool programs under title I of that
Act (20 U.S.C. 6301 et seq.);
``(iii) programs under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1419, 1431 et seq.);
``(iv) State prekindergarten programs;
``(v) child care programs;
``(vi) the educational programs that the children in
the Head Start program involved will enter at the age of
compulsory school attendance; and
``(vii) local entities, such as a public or school
library, for--
``(I) conducting reading readiness programs;
``(II) developing innovative programs to excite
children about the world of books, including providing
fresh books in the Head Start classroom;
``(III) assisting in literacy training for Head
Start teachers; or
``(IV) supporting parents and other caregivers in
literacy efforts;
``(I) the plan of such applicant to coordinate the Head
Start program that the applicant proposes to carry out, with
public and private entities that are willing to commit
resources to assist the Head Start program in meeting its
program needs;
``(J) the plan of such applicant--
``(i) to facilitate the involvement of parents
(including grandparents and kinship caregivers, as
appropriate) of children participating in the proposed Head
Start program, in activities (at home and, if practicable,
at the location of the Head Start program) designed to help
such parents become full partners in the education of their
children;
``(ii) to afford such parents the opportunity to
participate in the development and overall conduct of the
program at the local level, including transportation
assistance, as appropriate;
``(iii) to offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),
public and school libraries, and entities carrying out
family support programs) to such parents--
``(I) family literacy services; and
``(II) parenting skills training;
``(iv) to offer to parents of participating children
substance abuse counseling (either directly or through
referral to local entities), if needed, including
information on the effect of drug exposure on infants and
fetal alcohol syndrome;
``(v) at the option of such applicant, to offer
(directly or through referral to local entities) to such
parents--
``(I) training in basic child development
(including cognitive, social, and emotional
development);
``(II) assistance in developing literacy and
communication skills;
``(III) opportunities to share experiences with
other parents (including parent-mentor relationships);
``(IV) regular in-home visitation;
``(V) health services, including information on
maternal depression; or
``(VI) any other activity designed to help such
parents become full partners in the education of their
children;
``(vi) to provide, with respect to each participating
family, a family needs assessment that includes
consultation with such parents (including foster parents,
grandparents, and kinship caregivers, where applicable), in
a manner and language that such parents can understand, to
the extent practicable, about the benefits of parent
involvement and about the activities described in this
subparagraph in which such parents may choose to become
involved (taking into consideration their specific family
needs, work schedules, and other responsibilities); and
``(vii) to extend outreach to fathers (including father
figures), in appropriate cases, in order to strengthen the
role of those fathers in families, in the education of
young children, and in the Head Start program, by working
directly with the fathers through activities such as--
``(I) in appropriate cases, including the fathers
in home visits and providing opportunities for direct
father-child interactions; and
``(II) targeting increased male participation in
the conduct of the program;
``(K) the plan of such applicant to meet the needs of
limited English proficient children and their families,
including procedures to identify such children, plans to
provide trained personnel, and plans to provide services to
assist the children in making progress toward the acquisition
of the English language, while making meaningful progress in
attaining the knowledge, skills, abilities, and development
described in section 641A(a)(1)(B);
``(L) the plan of such applicant to meet the diverse needs
of the population served;
``(M) the plan of such applicant who chooses to assist
younger siblings of children who will participate in the Head
Start program to obtain health services from other sources;
``(N) the plan of such applicant to meet the needs of
children with disabilities, including procedures to identify
such children, procedures for referral of such children for
evaluation to State or local agencies providing services under
section 619 or part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.), and plans for
collaboration with those State or local agencies;
``(O) the plan of such applicant to meet the needs of
homeless children, including transportation needs, and the
needs of children in foster care; and
``(P) other factors related to the requirements of this
subchapter.
``(3) Priority.--In selecting from among qualified applicants
for designation as a Head Start agency, the Secretary shall give
priority to applicants that have demonstrated capacity in providing
effective, comprehensive, and well-coordinated early childhood
education and development services and programs to children and
their families.
``(e) Prohibition Against Non-Indian Head Start Agency Receiving a
Grant for an Indian Head Start Program.--
``(1) In general.--Notwithstanding any other provision of law,
except as provided in paragraph (2), under no condition may a non-
Indian Head Start agency receive a grant to carry out an Indian
Head Start program.
``(2) Exception.--In a community in which there is no Indian
Head Start agency available for designation to carry out an Indian
Head Start program, a non-Indian Head Start agency may receive a
grant to carry out an Indian Head Start program but only until such
time as an Indian Head Start agency in such community becomes
available and is designated pursuant to this section.
``(f) Interim Provider.--If no agency in a community is designated
under subsection (d), and there is no qualified applicant in the
community, the Secretary shall designate a qualified agency to carry
out the Head Start program in the community on an interim basis until a
qualified applicant from the community is designated under subsection
(d).
``(g) Parent and Community Participation.--The Secretary shall
require that the practice of significantly involving parents and
community residents in the area affected by the program involved, in
the selection of Head Start agencies, be continued.
``(h) Community.--For purposes of this subchapter, a community may
be a city, county, or multicity or multicounty unit within a State, an
Indian reservation (including Indians in any off-reservation area
designated by an appropriate tribal government in consultation with the
Secretary), or a neighborhood or other area (irrespective of boundaries
or political subdivisions) that provides a suitable organizational base
and possesses the commonality of interest needed to operate a Head
Start program.''.
SEC. 8. STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended to
read as follows:
``SEC. 641A. STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS.
``(a) Standards.--
``(1) Content of standards.--The Secretary shall modify, as
necessary, program performance standards by regulation applicable
to Head Start agencies and programs under this subchapter,
including--
``(A) performance standards with respect to services
required to be provided, including health, parental
involvement, nutritional, and social services, transition
activities described in section 642A, and other services;
``(B) scientifically based and developmentally appropriate
education performance standards related to school readiness
that are based on the Head Start Child Outcomes Framework to
ensure that the children participating in the program, at a
minimum, develop and demonstrate--
``(i) language knowledge and skills, including oral
language and listening comprehension;
``(ii) literacy knowledge and skills, including
phonological awareness, print awareness and skills, and
alphabetic knowledge;
``(iii) mathematics knowledge and skills;
``(iv) science knowledge and skills;
``(v) cognitive abilities related to academic
achievement and child development;
``(vi) approaches to learning related to child
development and early learning;
``(vii) social and emotional development related to
early learning, school success, and social problemsolving;
``(viii) abilities in creative arts;
``(ix) physical development; and
``(x) in the case of limited English proficient
children, progress toward acquisition of the English
language while making meaningful progress in attaining the
knowledge, skills, abilities, and development described in
clauses (i) through (ix), including progress made through
the use of culturally and linguistically appropriate
instructional services;
``(C) administrative and financial management standards;
``(D) standards relating to the condition and location of
facilities (including indoor air quality assessment standards,
where appropriate) for such agencies, and programs, including
regulations that require that the facilities used by Head Start
agencies (including Early Head Start agencies and any delegate
agencies) for regularly scheduled center-based and combination
program option classroom activities--
``(i) shall meet or exceed State and local requirements
concerning licensing for such facilities; and
``(ii) shall be accessible by State and local
authorities for purposes of monitoring and ensuring
compliance, unless State or local laws prohibit such
access; and
``(E) such other standards as the Secretary finds to be
appropriate.
``(2) Considerations regarding standards.--In developing any
modifications to standards required under paragraph (1), the
Secretary shall--
``(A) consult with experts in the fields of child
development, early childhood education, child health care,
family services (including linguistically and culturally
appropriate services to non-English speaking children and their
families), administration, and financial management, and with
persons with experience in the operation of Head Start
programs;
``(B) take into consideration--
``(i) past experience with use of the standards in
effect under this subchapter on the date of enactment of
the Improving Head Start for School Readiness Act of 2007;
``(ii) changes over the period since October 27, 1998,
in the circumstances and problems typically facing children
and families served by Head Start agencies;
``(iii) recommendations from the study on Developmental
Outcomes and Assessments for Young Children by the National
Academy of Sciences, consistent with section 649(j);
``(iv) developments concerning research-based practices
with respect to early childhood education and development,
children with disabilities, homeless children, children in
foster care, and family services, and best practices with
respect to program administration and financial management;
``(v) projected needs of an expanding Head Start
program;
``(vi) guidelines and standards that promote child
health services and physical development, including
participation in outdoor activity that supports children's
motor development and overall health and nutrition;
``(vii) changes in the characteristics of the
population of children who are eligible to participate in
Head Start programs, including country of origin, language
background, and family structure of such children, and
changes in the population and number of such children who
are in foster care or are homeless children;
``(viii) mechanisms to ensure that children
participating in Head Start programs make a successful
transition to the schools that the children will be
attending;
``(ix) the need for Head Start agencies to maintain
regular communications with parents, including conducting
periodic meetings to discuss the progress of individual
children in Head Start programs; and
``(x) the unique challenges faced by individual
programs, including those programs that are seasonal or
short term and those programs that serve rural populations;
``(C)(i) review and revise as necessary the standards in
effect under this subsection; and
``(ii) ensure that any such revisions in the standards will
not result in the elimination of or any reduction in quality,
scope, or types of health, educational, parental involvement,
nutritional, social, or other services required to be provided
under such standards as in effect on the date of enactment of
the Improving Head Start for School Readiness Act of 2007; and
``(D) consult with Indian tribes, including Alaska Natives,
experts in Indian, including Alaska Native, early childhood
education and development, linguists, and the National Indian
Head Start Directors Association on the review and promulgation
of standards under paragraph (1) (including standards for
language acquisition and school readiness).
``(3) Standards relating to obligations to delegate agencies.--
In developing any modifications to standards under paragraph (1),
the Secretary shall describe the obligations of a Head Start agency
to a delegate agency to which the Head Start agency has delegated
responsibility for providing services under this subchapter.
``(b) Measures.--
``(1) In general.--The Secretary, in consultation with
representatives of Head Start agencies and with experts in the
fields of early childhood education and development, family
services, and program management, shall use the study on
Developmental Outcomes and Assessments for Young Children by the
National Academy of Sciences and other relevant research to inform,
revise, and provide guidance to Head Start agencies for utilizing,
scientifically based measures that support, as appropriate--
``(A) classroom instructional practices;
``(B) identification of children with special needs;
``(C) program evaluation; and
``(D) administrative and financial management practices.
``(2) Characteristics of measures.--The measures under this
subsection shall--
``(A) be developmentally, linguistically, and culturally
appropriate for the population served;
``(B) be reviewed periodically, based on advances in the
science of early childhood development;
``(C) be consistent with relevant, nationally recognized
professional and technical standards related to the assessment
of young children;
``(D) be valid and reliable in the language in which they
are administered;
``(E) be administered by staff with appropriate training
for such administration;
``(F) provide for appropriate accommodations for children
with disabilities and children who are limited English
proficient;
``(G) be high-quality research-based measures that have
been demonstrated to assist with the purposes for which they
were devised; and
``(H) be adaptable, as appropriate, for use in the self-
assessment of Head Start agencies, including in the evaluation
of administrative and financial management practices.
``(3) Use of measures; limitations on use.--
``(A) Use.--The measures shall be designed, as appropriate,
for the purpose of--
``(i) helping to develop the skills, knowledge,
abilities, and development described in subsection
(a)(1)(B) of children participating in Head Start programs,
with an emphasis on measuring skills that scientifically
valid research has demonstrated are related to children's
school readiness and later success in school;
``(ii) improving classroom practices, including
reviewing children's strengths and weaknesses and
individualizing instruction to better meet the needs of the
children involved;
``(iii) identifying the special needs of children; and
``(iv) improving overall program performance in order
to help programs identify problem areas that may require
additional training and technical assistance resources.
``(B) Limitations.--Such measures shall not be used to
exclude children from Head Start programs.
``(4) Confidentiality.--
``(A) In general.--The Secretary, through regulation, shall
ensure the confidentiality of any personally identifiable data,
information, and records collected or maintained under this
subchapter by the Secretary and any Head Start agency. Such
regulations shall provide the policies, protections, and rights
equivalent to those provided to a parent, student, or
educational agency or institution under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(B) Prohibition on nationwide database.--Nothing in this
subsection shall be construed to authorize the development of a
nationwide database of personally identifiable data,
information, or records on children resulting from the use of
measures under this subsection.
``(5) Special rule.--
``(A) Prohibition.--The use of assessment items and data on
any assessment authorized under this subchapter by any agent of
the Federal Government is prohibited for the purposes of--
``(i) ranking, comparing, or otherwise evaluating
individual children for purposes other than research,
training, or technical assistance; and
``(ii) providing rewards or sanctions for individual
children or teachers.
``(B) Results.--The Secretary shall not use the results of
a single assessment as the sole method for assessing program
effectiveness or making agency funding determinations at the
national, regional, or local level under this subchapter.
``(c) Monitoring of Local Agencies and Programs.--
``(1) In general.--To determine whether Head Start agencies
meet standards described in subsection (a)(1) established under
this subchapter with respect to program, administrative, financial
management, and other requirements, and in order to help the
programs identify areas for improvement and areas of strength as
part of their ongoing self-assessment process, the Secretary shall
conduct the following reviews of Head Start agencies, including the
Head Start programs operated by such agencies:
``(A) A full review, including the use of a risk-based
assessment approach, of each such agency at least once during
each 3-year period.
``(B) A review of each newly designated Head Start agency
immediately after the completion of the first year such agency
carries out a Head Start program.
``(C) Followup reviews, including--
``(i) return visits to Head Start agencies with 1 or
more findings of deficiencies, not later than 6 months
after the Secretary provides notification of such findings,
or not later than 12 months after such notification if the
Secretary determines that additional time is necessary for
an agency to address such a deficiency prior to the review;
and
``(ii) a review of Head Start agencies with significant
areas of noncompliance.
``(D) Other reviews, including unannounced site inspections
of Head Start centers, as appropriate.
``(2) Conduct of reviews.--The Secretary shall ensure that
reviews described in subparagraphs (A) through (C) of paragraph
(1)--
``(A) are conducted by review teams that--
``(i) include individuals who are knowledgeable about
Head Start programs and, to the maximum extent practicable,
individuals who are knowledgeable about--
``(I) other early childhood education and
development programs, personnel management, financial
accountability, and systems development and monitoring;
and
``(II) the diverse (including linguistic and
cultural) needs of eligible children (including
children with disabilities, homeless children, children
in foster care, and limited English proficient
children) and their families;
``(ii) include, to the maximum extent practicable,
current or former employees of the Department of Health and
Human Services who are knowledgeable about Head Start
programs; and
``(iii) shall receive periodic training to ensure
quality and consistency across reviews;
``(B) include as part of the reviews, a review and
assessment of program strengths and areas in need of
improvement;
``(C) include as part of the reviews, a review and
assessment of whether programs have adequately addressed
population and community needs (including those of limited
English proficient children and children of migrant or seasonal
farmworker families);
``(D) include as part of the reviews, an assessment of the
extent to which the programs address the communitywide
strategic planning and needs assessment described in section
640(g)(1)(C);
``(E) include information on the innovative and effective
efforts of the Head Start agencies to collaborate with the
entities providing early childhood and development services or
programs in the community and any barriers to such
collaboration that the agencies encounter;
``(F) include as part of the reviews, a valid and reliable
research-based observational instrument, implemented by
qualified individuals with demonstrated reliability, that
assesses classroom quality, including assessing multiple
dimensions of teacher-child interactions that are linked to
positive child development and later achievement;
``(G) are conducted in a manner that evaluates program
performance, quality, and overall operations with consistency
and objectivity, are based on a transparent and reliable system
of review, and are conducted in a manner that includes periodic
interrater reliability checks, to ensure quality and
consistency, across and within regions, of the reviews and of
noncompliance and deficiency determinations;
``(H) in the case of reviews of Early Head Start agencies
and programs, are conducted by a review team that includes
individuals who are knowledgeable about the development of
infants and toddlers;
``(I) include as part of the reviews a protocol for fiscal
management that shall be used to assess compliance with program
requirements for--
``(i) using Federal funds appropriately;
``(ii) using Federal funds specifically to purchase
property (consistent with section 644(f)) and to compensate
personnel;
``(iii) securing and using qualified financial officer
support; and
``(iv) reporting financial information and implementing
appropriate internal controls to safeguard Federal funds;
``(J) include as part of the reviews of the programs, a
review and assessment of whether the programs are in conformity
with the eligibility requirements under section 645(a)(1),
including regulations promulgated under such section and
whether the programs have met the requirements for the outreach
and enrollment policies and procedures, and selection criteria,
in such section, for the participation of children in programs
assisted under this subchapter;
``(K) include as part of the reviews, a review and
assessment of whether agencies have adequately addressed the
needs of children with disabilities, including whether the
agencies involved have met the 10 percent minimum enrollment
requirement specified in section 640(d) and whether the
agencies have made sufficient efforts to collaborate with State
and local agencies providing services under section 619 or part
C of the Individuals with Disabilities Education Act (20 U.S.C.
1419, 1431 et seq.); and
``(L) include as part of the reviews, a review and
assessment of child outcomes and performance as they relate to
agency-determined school readiness goals described in
subsection (g)(2), consistent with subsection (b)(5).
``(3) Standards relating to obligations to delegate agencies.--
In conducting a review described in paragraph (1)(A) of a Head
Start agency, the Secretary shall determine whether the agency
complies with the obligations described in subsection (a)(3). The
Secretary shall consider such compliance in determining whether to
renew financial assistance to the Head Start agency under this
subchapter.
``(4) Use of review findings.--The findings of a review
described in paragraph (1) of a Head Start agency shall, at a
minimum--
``(A) be presented to the agency in a timely, transparent,
and uniform manner that conveys information of program
strengths and weaknesses and assists with program improvement;
and
``(B) be used by the agency to inform the development and
implementation of its plan for training and technical
assistance.
``(d) Evaluations and Corrective Action for Delegate Agencies.--
``(1) Procedures.--Each Head Start agency shall establish,
subject to paragraph (4), procedures relating to its delegate
agencies, including--
``(A) procedures for evaluating delegate agencies;
``(B) procedures for defunding delegate agencies; and
``(C) procedures for a delegate agency to appeal a
defunding decision.
``(2) Evaluation.--Each Head Start agency--
``(A) shall evaluate its delegate agencies using the
procedures established under this subsection; and
``(B) shall inform the delegate agencies of the
deficiencies identified through the evaluation that are
required to be corrected.
``(3) Remedies to ensure corrective actions.--In the event that
the Head Start agency identifies a deficiency for a delegate agency
through the evaluation, the Head Start agency shall take action,
which may include--
``(A) initiating procedures to terminate the designation of
the agency unless the agency corrects the deficiency;
``(B) conducting monthly monitoring visits to such delegate
agency until all deficiencies are corrected or the Head Start
agency decides to defund such delegate agency; and
``(C) releasing funds to such delegate agency--
``(i) only as reimbursements except that, upon
receiving a request from the delegate agency accompanied by
assurances satisfactory to the Head Start agency that the
funds will be appropriately safeguarded, the Head Start
agency shall provide to the delegate agency a working
capital advance in an amount sufficient to cover the
estimated expenses involved during an agreed upon
disbursing cycle; and
``(ii) only if there is continuity of services.
``(4) Termination.--The Head Start agency may not terminate a
delegate agency's contract or reduce a delegate agency's service
area without showing cause or demonstrating the cost-effectiveness
of such a decision.
``(5) Rule of construction.--Nothing in this subsection shall
be construed to limit the powers, duties, or functions of the
Secretary with respect to Head Start agencies or delegate agencies
that receive financial assistance under this subchapter.
``(e) Corrective Action for Head Start Agencies.--
``(1) Determination.--If the Secretary determines, on the basis
of a review pursuant to subsection (c), that a Head Start agency
designated pursuant to this subchapter fails to meet the standards
described in subsection (a)(1) or fails to address the
communitywide strategic planning and needs assessment, the
Secretary shall--
``(A) inform the agency of the deficiencies that shall be
corrected and identify the assistance to be provided consistent
with paragraph (3);
``(B) with respect to each identified deficiency, require
the agency--
``(i) to correct the deficiency immediately, if the
Secretary finds that the deficiency threatens the health or
safety of staff or program participants or poses a threat
to the integrity of Federal funds;
``(ii) to correct the deficiency not later than 90 days
after the identification of the deficiency if the Secretary
finds, in the discretion of the Secretary, that such a 90-
day period is reasonable, in light of the nature and
magnitude of the deficiency; or
``(iii) in the discretion of the Secretary (taking into
consideration the seriousness of the deficiency and the
time reasonably required to correct the deficiency), to
comply with the requirements of paragraph (2) concerning a
quality improvement plan; and
``(C) initiate proceedings to terminate the designation of
the agency unless the agency corrects the deficiency.
``(2) Quality improvement plan.--
``(A) Agency and program responsibilities.--To retain a
designation as a Head Start agency under this subchapter, or in
the case of a Head Start program to continue to receive funds
from such agency, a Head Start agency that is the subject of a
determination described in paragraph (1), or a Head Start
program that is determined to have a deficiency under
subsection (d)(2) (excluding an agency required to correct a
deficiency immediately or during a 90-day period under clause
(i) or (ii) of paragraph (1)(B)) shall--
``(i) develop in a timely manner, a quality improvement
plan that shall be subject to the approval of the
Secretary, or in the case of a program, the sponsoring
agency, and that shall specify--
``(I) the deficiencies to be corrected;
``(II) the actions to be taken to correct such
deficiencies; and
``(III) the timetable for accomplishment of the
corrective actions specified; and
``(ii) correct each deficiency identified, not later
than the date for correction of such deficiency specified
in such plan (which shall not be later than 1 year after
the date the agency or Head Start program that is
determined to have a deficiency received notice of the
determination and of the specific deficiency to be
corrected).
``(B) Secretarial responsibility.--Not later than 30 days
after receiving from a Head Start agency a proposed quality
improvement plan pursuant to subparagraph (A), the Secretary
shall either approve such proposed plan or specify the reasons
why the proposed plan cannot be approved.
``(C) Agency responsibility.--Not later than 30 days after
receiving from a Head Start program a proposed quality
improvement plan pursuant to subparagraph (A), the Head Start
agency involved shall either approve such proposed plan or
specify the reasons why the proposed plan cannot be approved.
``(3) Training and technical assistance.--The Secretary shall
provide training and technical assistance to Head Start agencies
and programs with respect to the development or implementation of
such quality improvement plans to the extent the Secretary finds
such provision to be feasible and appropriate given available
funding and other statutory responsibilities.
``(f) Summaries of Monitoring Outcomes.--
``(1) In general.--Not later than 120 days after the end of
each fiscal year, the Secretary shall publish a summary report on
the findings of reviews conducted under subsection (c) and on the
outcomes of quality improvement plans implemented under subsection
(e), during such fiscal year.
``(2) Report availability.--Such report shall be made widely
available to--
``(A) parents with children receiving assistance under this
subchapter--
``(i) in an understandable and uniform format; and
``(ii) to the extent practicable, in a language that
the parents understand; and
``(B) the public through means such as--
``(i) distribution through public agencies; and
``(ii) posting such information on the Internet.
``(3) Report information.--Such report shall contain detailed
data--
``(A) on compliance with specific standards and measures;
and
``(B) sufficient to allow Head Start agencies to use such
data to improve the quality of their programs.
``(g) Self-Assessments.--
``(1) In general.--Not less frequently than once each program
year, with the consultation and participation of policy councils
and, as applicable, policy committees and, as appropriate, other
community members, each Head Start agency, and each delegate
agency, that receives financial assistance under this subchapter
shall conduct a comprehensive self-assessment of its effectiveness
and progress in meeting program goals and objectives and in
implementing and complying with standards described in subsection
(a)(1).
``(2) Goals, reports, and improvement plans.--
``(A) Goals.--An agency conducting a self-assessment shall
establish agency-determined program goals for improving the
school readiness of children participating in a program under
this subchapter, including school readiness goals that are
aligned with the Head Start Child Outcomes Framework, State
early learning standards as appropriate, and requirements and
expectations of the schools the children will be attending.
``(B) Improvement plan.--The agency shall develop, and
submit to the Secretary a report containing, an improvement
plan approved by the governing body of the agency to strengthen
any areas identified in the self-assessment as weaknesses or in
need of improvement.
``(3) Ongoing monitoring.--Each Head Start agency (including
each Early Head Start agency) and each delegate agency shall
establish and implement procedures for the ongoing monitoring of
their respective programs, to ensure that the operations of the
programs work toward meeting program goals and objectives and
standards described in subsection (a)(1).
``(h) Reduction of Grants and Redistribution of Funds in Cases of
Underenrollment.--
``(1) Definitions.--In this subsection:
``(A) Actual enrollment.--The term `actual enrollment'
means, with respect to the program of a Head Start agency, the
actual number of children enrolled in such program and reported
by the agency (as required in paragraph (2)) in a given month.
``(B) Base grant.--The term `base grant' has the meaning
given the term in section 640(a)(7).
``(C) Funded enrollment.--The term `funded enrollment'
means, with respect to the program of a Head Start agency in a
fiscal year, the number of children that the agency is funded
to serve through a grant for the program during such fiscal
year, as indicated in the grant agreement.
``(2) Enrollment reporting requirement.--Each entity carrying
out a Head Start program shall report on a monthly basis to the
Secretary and the relevant Head Start agency--
``(A) the actual enrollment in such program; and
``(B) if such actual enrollment is less than the funded
enrollment, any apparent reason for such enrollment shortfall.
``(3) Secretarial review and plan.--The Secretary shall--
``(A) on a semiannual basis, determine which Head Start
agencies are operating with an actual enrollment that is less
than the funded enrollment based on not less than 4 consecutive
months of data;
``(B) for each such Head Start agency operating a program
with an actual enrollment that is less than its funded
enrollment, as determined under subparagraph (A), develop, in
collaboration with such agency, a plan and timetable for
reducing or eliminating underenrollment taking into
consideration--
``(i) the quality and extent of the outreach,
recruitment, and communitywide strategic planning and needs
assessment conducted by such agency;
``(ii) changing demographics, mobility of populations,
and the identification of new underserved low-income
populations;
``(iii) facilities-related issues that may impact
enrollment;
``(iv) the ability to provide full-working-day
programs, where needed, through funds made available under
this subchapter or through collaboration with entities
carrying out other early childhood education and
development programs, or programs with other funding
sources (where available);
``(v) the availability and use by families of other
early childhood education and development options in the
community served; and
``(vi) agency management procedures that may impact
enrollment; and
``(C) provide timely and ongoing technical assistance to
each agency described in subparagraph (B) for the purpose of
assisting the Head Start agency to implement the plan described
in such subparagraph.
``(4) Implementation.--Upon receipt of the technical assistance
described in paragraph (3)(C), a Head Start agency shall
immediately implement the plan described in paragraph (3)(B). The
Secretary shall, where determined appropriate, continue to provide
technical assistance to such agency.
``(5) Secretarial review and adjustment for chronic
underenrollment.--
``(A) In general.--If, after receiving technical assistance
and developing and implementing the plan as described in
paragraphs (3) and (4) for 12 months, a Head Start agency is
operating a program with an actual enrollment that is less than
97 percent of its funded enrollment, the Secretary may--
``(i) designate such agency as chronically
underenrolled; and
``(ii) recapture, withhold, or reduce the base grant
for the program by a percentage equal to the percentage
difference between funded enrollment and actual enrollment
for the program for the most recent year for which the
agency is determined to be underenrolled under paragraph
(3)(A).
``(B) Waiver or limitation of reductions.--The Secretary
may, as appropriate, waive or reduce the percentage
recapturing, withholding, or reduction otherwise required by
subparagraph (A), if, after the implementation of the plan
described in paragraph (3)(B), the Secretary finds that--
``(i) the causes of the enrollment shortfall, or a
portion of the shortfall, are related to the agency's
serving significant numbers of highly mobile children, or
are other significant causes as determined by the
Secretary;
``(ii) the shortfall can reasonably be expected to be
temporary; or
``(iii) the number of slots allotted to the agency is
small enough that underenrollment does not create a
significant shortfall.
``(6) Redistribution of funds.--
``(A) In general.--Funds held by the Secretary as a result
of recapturing, withholding, or reducing a base grant in a
fiscal year shall be redistributed by the end of the following
fiscal year as follows:
``(i) Indian head start programs.--If such funds are
derived from an Indian Head Start program, then such funds
shall be redistributed to increase enrollment by the end of
the following fiscal year in 1 or more Indian Head Start
programs.
``(ii) Migrant and seasonal head start programs.--If
such funds are derived from a migrant or seasonal Head
Start program, then such funds shall be redistributed to
increase enrollment by the end of the following fiscal year
in 1 or more programs of the type from which such funds are
derived.
``(iii) Early head start programs.--If such funds are
derived from an Early Head Start program in a State, then
such funds shall be redistributed to increase enrollment by
the end of the following fiscal year in 1 or more Early
Head Start programs in that State. If such funds are
derived from an Indian Early Head Start program, then such
funds shall be redistributed to increase enrollment by the
end of the following fiscal year in 1 or more Indian Early
Head Start programs.
``(iv) Other head start programs.--If such funds are
derived from a Head Start program in a State (excluding
programs described in clauses (i) through (iii)), then such
funds shall be redistributed to increase enrollment by the
end of the following fiscal year in 1 or more Head Start
programs (excluding programs described in clauses (i)
through (iii)) that are carried out in such State.
``(B) Adjustment to funded enrollment.--The Secretary shall
adjust as necessary the requirements relating to funded
enrollment indicated in the grant agreement of a Head Start
agency receiving redistributed funds under this paragraph.''.
SEC. 9. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is amended to
read as follows:
``SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
``(a) Authority.--To be designated as a Head Start agency under
this subchapter, an agency shall have authority under its charter or
applicable law to receive and administer funds under this subchapter,
funds and contributions from private or local public sources that may
be used in support of a Head Start program, and funds under any Federal
or State assistance program pursuant to which a public or private
nonprofit or for-profit agency (as the case may be) organized in
accordance with this subchapter, could act as grantee, contractor, or
sponsor of projects appropriate for inclusion in a Head Start program.
Such an agency shall also be empowered to transfer funds so received,
and to delegate powers to other agencies, subject to the powers of its
governing board and its overall program responsibilities. The power to
transfer funds and delegate powers shall include the power to make
transfers and delegations covering component projects in all cases
where this will contribute to efficiency and effectiveness or otherwise
further program objectives.
``(b) Family and Community Involvement; Family Services.--To be so
designated, a Head Start agency shall, at a minimum, do all the
following to involve and serve families and communities:
``(1) Provide for the regular and direct participation of
parents and community residents in the implementation of the Head
Start program, including decisions that influence the character of
such program, consistent with paragraphs (2)(D) and (3)(C) of
subsection (c).
``(2) Seek the involvement of parents, community residents, and
local business in the design and implementation of the program.
``(3) Establish effective procedures--
``(A) to facilitate and seek the involvement of parents of
participating children in activities designed to help such
parents become full partners in the education of their
children; and
``(B) to afford such parents the opportunity to participate
in the development and overall conduct of the program at the
local level, including transportation assistance as
appropriate.
``(4) Offer (directly or through referral to local entities,
such as entities carrying out Even Start programs under subpart 3
of part B of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6381 et seq.), public and school libraries, and
entities carrying out family support programs) to such parents--
``(A) family literacy services; and
``(B) parenting skills training.
``(5) Offer to parents of participating children substance
abuse counseling (either directly or through referral to local
entities), if needed, including information on the effect of drug
exposure on infants and fetal alcohol syndrome.
``(6) At the option of such agency, offer (directly or through
referral to local entities) to such parents--
``(A) training in basic child development (including
cognitive, social, and emotional development);
``(B) assistance in developing literacy and communication
skills;
``(C) opportunities to share experiences with other parents
(including parent-mentor relationships);
``(D) health services, including information on maternal
depression;
``(E) regular in-home visitation; or
``(F) any other activity designed to help such parents
become full partners in the education of their children.
``(7) Provide, with respect to each participating family, a
family needs assessment that includes consultation with such
parents (including foster parents, grandparents, and kinship
caregivers, where applicable), in a manner and language that such
parents can understand (to the extent practicable), about the
benefits of parent involvement and about the activities described
in this subsection in which such parents may choose to be involved
(taking into consideration their specific family needs, work
schedules, and other responsibilities).
``(8) Consider providing services to assist younger siblings of
children participating in its Head Start program to obtain health
services from other sources.
``(9) Perform community outreach to encourage individuals
previously unaffiliated with Head Start programs to participate in
its Head Start program as volunteers.
``(10)(A) Inform custodial parents in single-parent families
that participate in programs, activities, or services carried out
or provided under this subchapter about the availability of child
support services for purposes of establishing paternity and
acquiring child support.
``(B) Refer eligible parents to the child support offices of
State and local governments.
``(11) Provide to parents of limited English proficient
children outreach and information, in an understandable and uniform
format and, to the extent practicable, in a language that the
parents can understand.
``(12) Provide technical and other support needed to enable
parents and community residents to secure, on their own behalf,
available assistance from public and private sources.
``(13) Promote the continued involvement of the parents
(including foster parents, grandparents, and kinship caregivers, as
appropriate) of children that participate in Head Start programs in
the education of their children upon transition of their children
to school, by working with the local educational agency--
``(A) to provide training to the parents--
``(i) to inform the parents about their rights and
responsibilities concerning the education of their
children; and
``(ii) to enable the parents--
``(I) to understand and work with schools in order
to communicate with teachers and other school
personnel;
``(II) to support the schoolwork of their children;
and
``(III) to participate as appropriate in decisions
relating to the education of their children; and
``(B) to take other actions, as appropriate and feasible,
to support the active involvement of the parents with schools,
school personnel, and school-related organizations.
``(14) 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, consistent with section 640(d)(3).
``(15) Establish effective procedures for providing necessary
early intervening services to children with 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, consistent with section 640(d)(2).
``(16) At the option of the Head Start agency, partner with an
institution of higher education and a nonprofit organization to
provide college students with the opportunity to serve as mentors
or reading partners for Head Start participants.
``(c) Program Governance.--Upon receiving designation as a Head
Start agency, the agency shall establish and maintain a formal
structure for program governance, for the oversight of quality services
for Head Start children and families and for making decisions related
to program design and implementation. Such structure shall include the
following:
``(1) Governing body.--
``(A) In general.--The governing body shall have legal and
fiscal responsibility for the Head Start agency.
``(B) Composition.--The governing body shall be composed as
follows:
``(i) Not less than 1 member shall have a background
and expertise in fiscal management or accounting.
``(ii) Not less than 1 member shall have a background
and expertise in early childhood education and development.
``(iii) Not less than 1 member shall be a licensed
attorney familiar with issues that come before the
governing body.
``(iv) Additional members shall--
``(I) reflect the community to be served and
include parents of children who are currently, or were
formerly, enrolled in Head Start programs; and
``(II) are selected for their expertise in
education, business administration, or community
affairs.
``(v) Exceptions shall be made to the requirements of
clauses (i) through (iv) for members of a governing body
when those members oversee a public entity and are selected
to their positions with the public entity by public
election or political appointment.
``(vi) If a person described in clause (i), (ii), or
(iii) is not available to serve as a member of the
governing body, the governing body shall use a consultant,
or an other individual with relevant expertise, with the
qualifications described in that clause, who shall work
directly with the governing body.
``(C) Conflict of interest.--Members of the governing body
shall--
``(i) not have a financial conflict of interest with
the Head Start agency (including any delegate agency);
``(ii) not receive compensation for serving on the
governing body or for providing services to the Head Start
agency;
``(iii) not be employed, nor shall members of their
immediate family be employed, by the Head Start agency
(including any delegate agency); and
``(iv) operate as an entity independent of staff
employed by the Head Start agency.
``(D) Exception.--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 Head Start agency governing body, and such
individual has any conflict of interest described in clause
(ii) or (iii) of subparagraph (C)--
``(i) such individual shall not be prohibited from
serving on such body and the Head Start agency shall report
such conflict to the Secretary; and
``(ii) 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.
``(E) Responsibilities.--The governing body shall--
``(i) have legal and fiscal responsibility for
administering and overseeing programs under this
subchapter, including the safeguarding of Federal funds;
``(ii) adopt practices that assure active, independent,
and informed governance of the Head Start agency, including
practices consistent with subsection (d)(1), and fully
participate in the development, planning, and evaluation of
the Head Start programs involved;
``(iii) be responsible for ensuring compliance with
Federal laws (including regulations) and applicable State,
tribal, and local laws (including regulations); and
``(iv) be responsible for other activities, including--
``(I) selecting delegate agencies and the service
areas for such agencies;
``(II) establishing procedures and criteria for
recruitment, selection, and enrollment of children;
``(III) reviewing all applications for funding and
amendments to applications for funding for programs
under this subchapter;
``(IV) establishing procedures and guidelines for
accessing and collecting information described in
subsection (d)(2);
``(V) reviewing and approving all major policies of
the agency, including--
``(aa) the annual self-assessment and financial
audit;
``(bb) such agency's progress in carrying out
the programmatic and fiscal provisions in such
agency's grant application, including
implementation of corrective actions; and
``(cc) personnel policies of such agencies
regarding the hiring, evaluation, termination, and
compensation of agency employees;
``(VI) developing procedures for how members of the
policy council are selected, consistent with paragraph
(2)(B);
``(VII) approving financial management, accounting,
and reporting policies, and compliance with laws and
regulations related to financial statements, including
the--
``(aa) approval of all major financial
expenditures of the agency;
``(bb) annual approval of the operating budget
of the agency;
``(cc) selection (except when a financial
auditor is assigned by the State under State law or
is assigned under local law) of independent
financial auditors who shall report all critical
accounting policies and practices to the governing
body; and
``(dd) monitoring of the agency's actions to
correct any audit findings and of other action
necessary to comply with applicable laws (including
regulations) governing financial statement and
accounting practices;
``(VIII) reviewing results from monitoring
conducted under section 641A(c), including appropriate
followup activities;
``(IX) approving personnel policies and procedures,
including policies and procedures regarding the hiring,
evaluation, compensation, and termination of the
Executive Director, Head Start Director, Director of
Human Resources, Chief Fiscal Officer, and any other
person in an equivalent position with the agency;
``(X) establishing, adopting, and periodically
updating written standards of conduct that establish
standards and formal procedures for disclosing,
addressing, and resolving--
``(aa) any conflict of interest, and any
appearance of a conflict of interest, by members of
the governing body, officers and employees of the
Head Start agency, and consultants and agents who
provide services or furnish goods to the Head Start
agency; and
``(bb) complaints, including investigations,
when appropriate; and
``(XI) to the extent practicable and appropriate,
at the discretion of the governing body, establishing
advisory committees to oversee key responsibilities
related to program governance and improvement of the
Head Start program involved.
``(2) Policy council.--
``(A) In general.--Consistent with paragraph (1)(E), each
Head Start agency shall have a policy council responsible for
the direction of the Head Start program, including program
design and operation, and long- and short-term planning goals
and objectives, taking into account the annual communitywide
strategic planning and needs assessment and self-assessment.
``(B) Composition and selection.--
``(i) The policy council shall be elected by the
parents of children who are currently enrolled in the Head
Start program of the Head Start agency.
``(ii) The policy council shall be composed of--
``(I) parents of children who are currently
enrolled in the Head Start program of the Head Start
agency (including any delegate agency), who shall
constitute a majority of the members of the policy
council; and
``(II) members at large of the community served by
the Head Start agency (including any delegate agency),
who may include parents of children who were formerly
enrolled in the Head Start program of the agency.
``(C) Conflict of interest.--Members of the policy council
shall--
``(i) not have a conflict of interest with the Head
Start agency (including any delegate agency); and
``(ii) not receive compensation for serving on the
policy council or for providing services to the Head Start
agency.
``(D) Responsibilities.--The policy council shall approve
and submit to the governing body decisions about each of the
following activities:
``(i) Activities to support the active involvement of
parents in supporting program operations, including
policies to ensure that the Head Start agency is responsive
to community and parent needs.
``(ii) Program recruitment, selection, and enrollment
priorities.
``(iii) Applications for funding and amendments to
applications for funding for programs under this
subchapter, prior to submission of applications described
in this clause.
``(iv) Budget planning for program expenditures,
including policies for reimbursement and participation in
policy council activities.
``(v) Bylaws for the operation of the policy council.
``(vi) Program personnel policies and decisions
regarding the employment of program staff, consistent with
paragraph (1)(E)(iv)(IX), including standards of conduct
for program staff, contractors, and volunteers and criteria
for the employment and dismissal of program staff.
``(vii) Developing procedures for how members of the
policy council of the Head Start agency will be elected.
``(viii) Recommendations on the selection of delegate
agencies and the service areas for such agencies.
``(3) Policy committees.--Each delegate agency shall create a
policy committee, which shall--
``(A) be elected and composed of members, consistent with
paragraph (2)(B) (with respect to delegate agencies);
``(B) follow procedures to prohibit conflict of interest,
consistent with clauses (i) and (ii) of paragraph (2)(C) (with
respect to delegate agencies); and
``(C) be responsible for approval and submission of
decisions about activities as they relate to the delegate
agency, consistent with paragraph (2)(D) (with respect to
delegate agencies).
``(d) Program Governance Administration.--
``(1) Impasse policies.--The Secretary shall develop policies,
procedures, and guidance for Head Start agencies concerning--
``(A) the resolution of internal disputes, including any
impasse in the governance of Head Start programs; and
``(B) the facilitation of meaningful consultation and
collaboration about decisions of the governing body and policy
council.
``(2) Conduct of responsibilities.--Each Head Start agency
shall ensure the sharing of accurate and regular information for
use by the governing body and the policy council, about program
planning, policies, and Head Start agency operations, including--
``(A) monthly financial statements, including credit card
expenditures;
``(B) monthly program information summaries;
``(C) program enrollment reports, including attendance
reports for children whose care is partially subsidized by
another public agency;
``(D) monthly reports of meals and snacks provided through
programs of the Department of Agriculture;
``(E) the financial audit;
``(F) the annual self-assessment, including any findings
related to such assessment;
``(G) the communitywide strategic planning and needs
assessment of the Head Start agency, including any applicable
updates;
``(H) communication and guidance from the Secretary; and
``(I) the program information reports.
``(3) Training and technical assistance.--Appropriate training
and technical assistance shall be provided to the members of the
governing body and the policy council to ensure that the members
understand the information the members receive and can effectively
oversee and participate in the programs of the Head Start agency.
``(e) Collaboration and Coordination.--To be so designated, a Head
Start agency shall collaborate and coordinate with public and private
entities, to the maximum extent practicable, to improve the
availability and quality of services to Head Start children and
families, including carrying out the following activities:
``(1) Conduct outreach to schools in which children
participating in the Head Start program will enroll following the
program, local educational agencies, the local business community,
community-based organizations, faith-based organizations, museums,
and libraries to generate support and leverage the resources of the
entire local community in order to improve school readiness.
``(2)(A) In communities where both a public prekindergarten
program and a Head Start program operate, collaborate and
coordinate activities with the local educational agency or other
public agency responsible for the operation of the prekindergarten
program and providers of prekindergarten, including outreach
activities to identify eligible children.
``(B) With the permission of the parents of children enrolled
in the Head Start program, regularly communicate with the schools
in which the children will enroll following the program, to--
``(i) share information about such children;
``(ii) collaborate with the teachers in such schools
regarding professional development and instructional
strategies, as appropriate; and
``(iii) ensure a smooth transition to school for such
children.
``(3) Coordinate activities and collaborate with programs under
the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.), the agencies responsible for administering section
106 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a) and parts B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.), programs under subtitle B of
title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431 et seq.), Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6381 et seq.), programs under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431
et seq.), and other entities providing early childhood education
and development programs or services, serving the children and
families served by the Head Start agency.
``(4) Take steps to coordinate activities with the local
educational agency serving the community involved and with schools
in which children participating in the Head Start program will
enroll following the program, including--
``(A) collaborating on the shared use of transportation and
facilities, in appropriate cases;
``(B) collaborating to reduce the duplication and enhance
the efficiency of services while increasing the program
participation of underserved populations of eligible children;
and
``(C) exchanging information on the provision of
noneducational services to such children.
``(5) Enter into a memorandum of understanding, not later than
1 year after the date of enactment of the Improving Head Start for
School Readiness Act of 2007, with the appropriate local entity
responsible for managing publicly funded preschool programs in the
service area of the Head Start agency, that shall--
``(A)(i) provide for a review of each of the activities
described in clause (ii); and
``(ii) include plans to coordinate, as appropriate,
activities regarding--
``(I) educational activities, curricular objectives,
and instruction;
``(II) public information dissemination and access to
programs for families contacting the Head Start program or
any of the preschool programs;
``(III) selection priorities for eligible children to
be served by programs;
``(IV) service areas;
``(V) staff training, including opportunities for joint
staff training on topics such as academic content
standards, instructional methods, curricula, and social and
emotional development;
``(VI) program technical assistance;
``(VII) provision of additional services to meet the
needs of working parents, as applicable;
``(VIII) communications and parent outreach for smooth
transitions to kindergarten as required in paragraphs (3)
and (6) of section 642A(a);
``(IX) provision and use of facilities, transportation,
and other program elements; and
``(X) other elements mutually agreed to by the parties
to such memorandum;
``(B) be submitted to the Secretary and the State Director
of Head Start Collaboration not later than 30 days after the
parties enter into such memorandum, except that--
``(i) where there is an absence of publicly funded
preschool programs in the service area of a Head Start
agency, this paragraph shall not apply; or
``(ii) where the appropriate local entity responsible
for managing the publicly funded preschool programs is
unable or unwilling to enter into such a memorandum, this
paragraph shall not apply and the Head Start agency shall
inform the Secretary and the State Director of Head Start
Collaboration of such inability or unwillingness; and
``(C) be revised periodically and renewed biennially by the
parties to such memorandum, in alignment with the beginning of
the school year.
``(f) Quality Standards, Curricula, and Assessment.--To be so
designated, each Head Start agency shall--
``(1) take steps to ensure, to the maximum extent practicable,
that children maintain the developmental and educational gains
achieved in Head Start programs and build upon such gains in
further schooling;
``(2) establish a program with the standards set forth in
section 641A(a)(1), with particular attention to the standards set
forth in subparagraphs (A) and (B) of such section;
``(3) implement a research-based early childhood curriculum
that--
``(A) promotes young children's school readiness in the
areas of language and cognitive development, early reading and
mathematics skills, socio-emotional development, physical
development, and approaches to learning;
``(B) is based on scientifically valid research and has
standardized training procedures and curriculum materials to
support implementation;
``(C) is comprehensive and linked to ongoing assessment,
with developmental and learning goals and measurable
objectives;
``(D) is focused on improving the learning environment,
teaching practices, family involvement, and child outcomes
across all areas of development; and
``(E) is aligned with the Head Start Child Outcomes
Framework developed by the Secretary and, as appropriate, State
early learning standards;
``(4) implement effective interventions and support services
that help promote the school readiness of children participating in
the program;
``(5) use research-based assessment methods that reflect the
characteristics described in section 641A(b)(2) in order to support
the educational instruction and school readiness of children in the
program;
``(6) 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, for the purpose of meeting the relevant standards
described in section 641A(a)(1);
``(7) adopt, in consultation with experts in child development
and with classroom teachers, an evaluation to assess whether
classroom teachers have mastered the functions discussed in section
648A(a)(1);
``(8) use the information provided from the assessment
conducted under section 641A(c)(2)(F) to inform professional
development plans, as appropriate, that lead to improved teacher
effectiveness;
``(9) establish goals and measurable objectives for the
provision of health, educational, nutritional, and social services
provided under this subchapter and related to the program mission
and to promote school readiness; and
``(10) develop procedures for identifying children who are
limited English proficient, and informing the parents of such
children about the instructional services used to help children
make progress towards acquiring the knowledge and skills described
in section 641A(a)(1)(B) and acquisition of the English language.
``(g) Funded Enrollment; Waiting List.--Each Head Start agency
shall enroll 100 percent of its funded enrollment and maintain an
active waiting list at all times with ongoing outreach to the community
and activities to identify underserved populations.
``(h) Technical Assistance and Training Plan.--In order to receive
funds under this subchapter, a Head Start agency shall develop an
annual technical assistance and training plan. Such plan shall be based
on the agency's self-assessment, the communitywide strategic planning
and needs assessment, the needs of parents and children to be served by
such agency, and the results of the reviews conducted under section
641A(c).
``(i) Financial Management.--In order to receive funds under this
subchapter, a Head Start agency shall document strong fiscal controls,
including the employment of well-qualified fiscal staff with a history
of successful management of a public or private organization.''.
SEC. 10. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended to
read as follows:
``SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION.
``(a) In General.--Each Head Start agency shall take steps to
coordinate with the local educational agency serving the community
involved and with schools in which children participating in a Head
Start program operated by such agency will enroll following such
program to promote continuity of services and effective transitions,
including--
``(1) developing and implementing a systematic procedure for
transferring, with parental consent, Head Start program records for
each participating child to the school in which such child will
enroll;
``(2) establishing ongoing channels of communication between
Head Start staff and their counterparts in the schools (including
teachers, social workers, local educational agency liaisons
designated under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and health
staff) to facilitate coordination of programs;
``(3) establishing ongoing communications between the Head
Start agency and local educational agency for developing continuity
of developmentally appropriate curricular objectives (which for the
purpose of the Head Start program shall be aligned with the Head
Start Child Outcomes Framework and, as appropriate, State early
learning standards) and for shared expectations for children's
learning and development as the children transition to school;
``(4) organizing and participating in joint training, including
transition-related training for school staff and Head Start staff;
``(5) establishing comprehensive transition policies and
procedures that support children transitioning to school, including
by engaging the local educational agency in the establishment of
such policies;
``(6) conducting outreach to parents and elementary school
(such as kindergarten) teachers to discuss the educational,
developmental, and other needs of individual children;
``(7) helping parents of limited English proficient children
understand--
``(A) the instructional and other services provided by the
school in which such child will enroll after participation in
Head Start; and
``(B) as appropriate, the information provided to parents
of limited English proficient children under section 3302 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7012);
``(8) developing and implementing a family outreach and support
program, in cooperation with entities carrying out parental
involvement efforts under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), and family outreach
and support efforts under subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), taking
into consideration the language needs of parents of limited English
proficient children;
``(9) assisting families, administrators, and teachers in
enhancing educational and developmental continuity and continuity
of parental involvement in activities between Head Start services
and elementary school classes;
``(10) linking the services provided in such Head Start program
with educational services, including services relating to language,
literacy, and numeracy, provided by such local educational agency;
``(11) helping parents (including grandparents and kinship
caregivers, as appropriate) to understand the importance of
parental involvement in a child's academic success while teaching
them strategies for maintaining parental involvement as their child
moves from Head Start to elementary school;
``(12) helping parents understand the instructional and other
services provided by the school in which their child will enroll
after participation in the Head Start program;
``(13) developing and implementing a system to increase program
participation of underserved populations of eligible children; and
``(14) coordinating activities and collaborating to ensure that
curricula used in the Head Start program are aligned with--
``(A) the Head Start Child Outcomes Framework, as developed
by the Secretary; and
``(B) State early learning standards, as appropriate, with
regard to cognitive, social, emotional, and physical
competencies that children entering kindergarten are expected
to demonstrate.
``(b) Construction.--In this section, a reference to a Head Start
agency, or its program, services, facility, or personnel, shall not be
construed to be a reference to an Early Head Start agency, or its
program, services, facility, or personnel.
``(c) Dissemination and Technical Assistance.--The Secretary, in
consultation with the Secretary of Education, shall--
``(1) disseminate to Head Start agencies information on
effective policies and activities relating to the transition of
children from Head Start programs to public schools; and
``(2) provide technical assistance to such agencies to promote
and assist such agencies to adopt and implement such effective
policies and activities.''.
SEC. 11. EARLY CHILDHOOD EDUCATION, COORDINATION, AND IMPROVEMENT.
(a) Head Start Collaboration.--The Head Start Act (42 U.S.C. 9831
et seq.) is amended by inserting after section 642A the following:
``HEAD START COLLABORATION; STATE EARLY EDUCATION AND CARE
``Sec. 642B. (a)(1) From amounts made available under section
640(a)(2)(B)(vi), the Secretary shall award the collaboration grants
described in paragraphs (2), (3), and (4).
``(2)(A) The Secretary shall award, upon submission of a written
request, a collaboration grant to each State and to each national
administrative office serving Indian Head Start programs and migrant or
seasonal Head Start programs to facilitate collaboration among Head
Start agencies (including Early Head Start agencies) and entities that
carry out activities designed to benefit low-income children from birth
to school entry, and their families. The national administrative
offices shall use the funds made available through the grants to carry
out the authorities and responsibilities described in subparagraph (B)
and paragraphs (3) and (4), as appropriate.
``(B) Grants described in subparagraph (A) shall be used to--
``(i) assist Head Start agencies to collaborate with entities
involved in State and local planning processes to better meet the
needs of low-income children from birth to school entry, and their
families;
``(ii) assist Head Start agencies to coordinate activities with
the State agency responsible for administering the State program
carried out under the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.) and entities providing resource and
referral services in the State, to make full-working-day and full
calendar year services available to children;
``(iii) promote alignment of curricula used in Head Start
programs and continuity of services with the Head Start Child
Outcomes Framework and, as appropriate, State early learning
standards;
``(iv) promote better linkages between Head Start agencies and
other child and family agencies, including agencies that provide
health, mental health, or family services, or other child or family
supportive services, such as services provided under section 619 or
part C of the Individuals with Disabilities Education Act (20
U.S.C. 1419, 1431 et seq.); and
``(v) carry out the activities of the State Director of Head
Start Collaboration authorized in paragraph (4).
``(3) In order to improve coordination and delivery of early
childhood education and development to children in the State, a State
that receives a collaboration grant under paragraph (2) shall--
``(A) appoint or designate an individual to serve as, or carry
out the responsibilities of, the State Director of Head Start
Collaboration;
``(B) ensure that the State Director of Head Start
Collaboration holds a position with sufficient authority and access
to ensure that the collaboration described in paragraph (2) is
effective and involves a range of State agencies; and
``(C) involve the State Head Start Association in the selection
of the Director and involve the Association in determinations
relating to the ongoing direction of the collaboration office
involved.
``(4) The State Director of Head Start Collaboration shall--
``(A) not later than 1 year after the State receives a
collaboration grant under paragraph (2), conduct an assessment
that--
``(i) addresses the needs of Head Start agencies in the
State with respect to collaboration, coordination and alignment
of services, and alignment of curricula and assessments used in
Head Start programs with the Head Start Child Outcomes
Framework and, as appropriate, State early learning standards;
``(ii) shall be updated on an annual basis; and
``(iii) shall be made available to the general public
within the State;
``(B) develop a strategic plan that is based on the assessment
described in subparagraph (A) that will--
``(i) enhance collaboration and coordination of Head Start
services by Head Start agencies with other entities providing
early childhood education and development (such as child care
or services offered by museums), health care, mental health
care, welfare, child protective services, education and
community service activities, family literacy services, reading
readiness programs (including such programs offered by public
and school libraries), services relating to children with
disabilities, other early childhood education and development
for limited English proficient children and homeless children,
and services provided for children in foster care and children
referred to Head Start programs by child welfare agencies,
including agencies and State officials responsible for services
described in this clause;
``(ii) assist Head Start agencies to develop a plan for the
provision of full working-day, full calendar year services for
children enrolled in Head Start programs who need such
services;
``(iii) assist Head Start agencies to align curricula and
assessments used in Head Start programs with the Head Start
Child Outcomes Framework and, as appropriate, State early
learning standards;
``(iv) enable Head Start agencies to better access
professional development opportunities for Head Start staff,
such as by working with Head Start agencies to enable the
agencies to meet the degree requirements described in section
648A(a)(2)(A), including providing distance learning
opportunities for Head Start staff, where needed to make higher
education more accessible to Head Start staff; and
``(v) enable the Head Start agencies to better conduct
outreach to eligible families;
``(C) promote partnerships between Head Start agencies, State
and local governments, and the private sector to help ensure that
children from low-income families, who are in Head Start programs
or are preschool age, are receiving comprehensive services to
prepare the children for elementary school;
``(D) consult with the chief State school officer, local
educational agencies, and providers of early childhood education
and development, at both the State and local levels;
``(E) promote partnerships between Head Start agencies,
schools, law enforcement, relevant community-based organizations,
and substance abuse and mental health treatment agencies to
strengthen family and community environments and to reduce the
impact on child development of substance abuse, child abuse,
domestic violence, and other high-risk behaviors that compromise
healthy development;
``(F) promote partnerships between Head Start agencies and
other organizations in order to enhance Head Start program quality,
including partnerships to promote inclusion of more books in Head
Start classrooms;
``(G) identify other resources and organizations (both public
and private) for the provision of in-kind services to Head Start
agencies in the State; and
``(H) serve on the State Advisory Council in order to assist
the efforts of Head Start agencies to engage in effective
coordination and collaboration.''.
(b) State Early Education and Care.--Section 642B of the Head Start
Act, as added by subsection (a), is amended by adding at the end the
following:
``(b)(1)(A) The Governor of the State shall--
``(i) designate or establish a council to serve as the State
Advisory Council on Early Childhood Education and Care for children
from birth to school entry (in this subchapter referred to as the
`State Advisory Council'); and
``(ii) designate an individual to coordinate activities of the
State Advisory Council, as described in subparagraph (D)(i).
``(B) The Governor may designate an existing entity in the State to
serve as the State Advisory Council, and shall appoint representatives
to the State Advisory Council at the Governor's discretion. In
designating an existing entity, the Governor shall take steps to ensure
that its membership includes, to the extent possible, representatives
consistent with subparagraph (C).
``(C) Members of the State Advisory Council shall include, to the
maximum extent possible--
``(i) a representative of the State agency responsible for
child care;
``(ii) a representative of the State educational agency;
``(iii) a representative of local educational agencies;
``(iv) a representative of institutions of higher education in
the State;
``(v) a representative of local providers of early childhood
education and development services;
``(vi) a representative from Head Start agencies located in the
State, including migrant and seasonal Head Start programs and
Indian Head Start programs;
``(vii) the State Director of Head Start Collaboration;
``(viii) a representative of the State agency responsible for
programs under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
``(ix) a representative of the State agency responsible for
health or mental health care; and
``(x) representatives of other entities determined to be
relevant by the Governor of the State.
``(D)(i) The State Advisory Council shall, in addition to any
responsibilities assigned to the Council by the Governor of the State--
``(I) conduct a periodic statewide needs assessment concerning
the quality and availability of early childhood education and
development programs and services for children from birth to school
entry, including an assessment of the availability of high-quality
pre-kindergarten services for low-income children in the State;
``(II) identify opportunities for, and barriers to,
collaboration and coordination among Federally-funded and State-
funded child development, child care, and early childhood education
programs and services, including collaboration and coordination
among State agencies responsible for administering such programs;
``(III) develop recommendations for increasing the overall
participation of children in existing Federal, State, and local
child care and early childhood education programs, including
outreach to underrepresented and special populations;
``(IV) develop recommendations regarding the establishment of a
unified data collection system for public early childhood education
and development programs and services throughout the State;
``(V) develop recommendations regarding statewide professional
development and career advancement plans for early childhood
educators in the State;
``(VI) assess the capacity and effectiveness of 2- and 4-year
public and private institutions of higher education in the State
toward supporting the development of early childhood educators,
including the extent to which such institutions have in place
articulation agreements, professional development and career
advancement plans, and practice or internships for students to
spend time in a Head Start or prekindergarten program; and
``(VII) make recommendations for improvements in State early
learning standards and undertake efforts to develop high-quality
comprehensive early learning standards, as appropriate.
``(ii) The State Advisory Council shall hold public hearings and
provide an opportunity for public comment on the activities described
in clause (i). The State Advisory Council shall submit a statewide
strategic report addressing the activities described in clause (i) to
the State Director of Head Start Collaboration and the Governor of the
State.
``(iii) After submission of a statewide strategic report under
clause (ii), the State Advisory Council shall meet periodically to
review any implementation of the recommendations in such report and any
changes in State and local needs.
``(2)(A) The Secretary shall use the portion reserved under section
640(a)(4)(A)(iii) to award, on a competitive basis, one-time startup
grants of not less than $500,000 to eligible States to enable such
States to pay for the Federal share of developing and implementing a
plan pursuant to the responsibilities included under paragraph
(1)(D)(i). A State that receives funds under this paragraph shall use
such funds to facilitate the development or enhancement of high-quality
systems of early childhood education and care designed to improve
school preparedness through one or more of the following activities--
``(i) promoting school preparedness of children from birth
through school entry, including activities to encourage families
and caregivers to engage in highly interactive, developmentally and
age-appropriate activities to improve children's early social,
emotional, and cognitive development, support the transition of
young children to school, and foster parental and family
involvement in the early education of young children;
``(ii) supporting professional development, recruitment, and
retention initiatives for early childhood educators;
``(iii) enhancing existing early childhood education and
development programs and services (in existence on the date on
which the grant involved is awarded), including quality improvement
activities authorized under the Child Care and Development Block
Grant Act of 1990; and
``(iv) carrying out other activities consistent with the
State's plan and application, pursuant to subparagraph (B).
``(B) To be eligible to receive a grant under this paragraph, a
State shall prepare and submit to the Secretary a plan and application,
for a 3-year period, at such time, in such manner, and containing such
information as the Secretary shall require, including--
``(i) the statewide strategic report described in paragraph
(1)(D)(ii), including a description of the State Advisory Council's
responsibilities under paragraph (1)(D)(i);
``(ii) a description, for each fiscal year, of how the State
will make effective use of funds available under this paragraph,
with funds described in subparagraph (C), to create an early
childhood education and care system, by developing or enhancing
programs and activities consistent with the statewide strategic
report described in paragraph (1)(D)(i);
``(iii) a description of the State early learning standards and
the State's goals for increasing the number of children entering
kindergarten ready to learn;
``(iv) information identifying the agency or joint interagency
office, and individual, designated to carry out the activities
under this paragraph, which may be the individual designated under
paragraph (1)(A)(ii); and
``(v) a description of how the State plans to sustain
activities under this paragraph beyond the grant period.
``(C) The Federal share of the cost of activities proposed to be
conducted under subparagraph (A) shall be 30 percent, and the State
shall provide the non-Federal share.
``(D) Funds made available under this paragraph shall be used to
supplement, and not supplant, other Federal, State, and local funds
expended to carry out activities related to early childhood education
and care in the State.
``(E) Not later than 18 months after the date a State receives a
grant under this paragraph, the State shall submit an interim report to
the Secretary. A State that receives a grant under this paragraph shall
submit a final report to the Secretary at the end of the grant period.
Each report shall include--
``(i) a description of the activities and services carried out
under the grant, including the outcomes of such activities and
services in meeting the needs described in the periodic needs
assessment and statewide strategic report;
``(ii) information about how the State used such funds to meet
the goals of this subsection through activities to develop or
enhance high-quality systems of early childhood education and care,
increase effectiveness of delivery systems and use of funds, and
enhance existing programs and services;
``(iii) information regarding the remaining needs described in
the periodic statewide needs assessment and statewide strategic
report that have not yet been addressed by the State; and
``(iv) any other information that the Secretary may require.
``(F) Nothing in this subsection shall be construed to provide the
State Advisory Council with authority to modify, supersede, or negate
the requirements of this subchapter.''.
SEC. 12. SUBMISSION OF PLANS.
Section 643 of the Head Start Act (42 U.S.C. 9838) is amended by
adding at the end the following: ``This section shall not apply to
contracts, agreements, grants, loans, or other assistance for Indian
Head Start programs or migrant or seasonal Head Start programs.''.
SEC. 13. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.
Section 644 of the Head Start Act (42 U.S.C. 9839) is amended--
(1) by striking subsection (a) and inserting the following:
``(a)(1) Each Head Start agency shall observe standards of
organization, management, and administration that will ensure, so far
as reasonably possible, that all program activities are conducted in a
manner consistent with the purposes of this subchapter and the
objective of providing assistance effectively, efficiently, and free of
any taint of partisan political bias or personal or family favoritism.
Each such agency shall establish or adopt rules to carry out this
section, which shall include rules to assure full staff accountability
in matters governed by law, regulations, or agency policy. Each agency
shall also provide for reasonable public access to information,
including public hearings at the request of appropriate community
groups and reasonable public access to books and records of the agency
or other agencies engaged in program activities or operations involving
the use of authority or funds for which it is responsible.
``(2) Each Head Start agency shall make available to the public a
report published at least once in each fiscal year that discloses the
following information from the most recently concluded fiscal year,
except that reporting such information shall not reveal personally
identifiable information about an individual child or parent:
``(A) The total amount of public and private funds received and
the amount from each source.
``(B) An explanation of budgetary expenditures and proposed
budget for the fiscal year.
``(C) The total number of children and families served, the
average monthly enrollment (as a percentage of funded enrollment),
and the percentage of eligible children served.
``(D) The results of the most recent review by the Secretary
and the financial audit.
``(E) The percentage of enrolled children that received medical
and dental exams.
``(F) Information about parent involvement activities.
``(G) The agency's efforts to prepare children for
kindergarten.
``(H) Any other information required by the Secretary.
``(3) Each such agency shall adopt for itself and other agencies
using funds or exercising authority for which it is responsible, rules
designed to--
``(A) establish specific standards governing salaries, salary
increases, travel and per diem allowances, and other employee
benefits;
``(B) assure that only persons capable of discharging their
duties with competence and integrity are employed and that
employees are promoted or advanced under impartial procedures
calculated to improve agency performance and effectiveness;
``(C) guard against personal or financial conflicts of
interest; and
``(D) define employee duties in an appropriate manner that will
in any case preclude employees from participating, in connection
with the performance of their duties, in any form of picketing,
protest, or other direct action that is in violation of law.''; and
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively; and
(ii) by inserting before subparagraph (B), as
redesignated by clause (i), the following:
``(A) a description of the efforts by the agency to coordinate
or collaborate with other providers in the community to seek
assistance, including financial assistance, prior to the use of
funds under this section;''; and
(B) in paragraph (3), by striking ``, from the amount
reserved under section 640(a)(2)(A),''.
SEC. 14. PARTICIPATION IN HEAD START PROGRAMS.
Section 645 of the Head Start Act (42 U.S.C. 9840) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(a)(1)(A) The Secretary shall by regulation prescribe eligibility
for the participation of persons in Head Start programs assisted under
this subchapter.
``(B) Except as provided in paragraph (2), such regulation shall
provide--
``(i) that children from low-income families shall be eligible
for participation in programs assisted under this subchapter if
their families' incomes are below the poverty line, or if their
families are eligible or, in the absence of child care, would
potentially be eligible for public assistance;
``(ii) that homeless children shall be deemed to be eligible
for such participation;
``(iii) that programs assisted under this subchapter may
include--
``(I) to a reasonable extent (but not to exceed 10 percent
of participants), participation of children in the area served
who would benefit from such programs but who are not eligible
under clause (i) or (ii); and
``(II) from the area served, an additional 35 percent of
participants who are not eligible under clause (i) or (ii) and
whose families have incomes below 130 percent of the poverty
line, if--
``(aa) the Head Start agency involved establishes and
implements outreach and enrollment policies and procedures
that ensure such agency is meeting the needs of children
eligible under clause (i) or (ii) (or subclause (I) if the
child involved has a disability) prior to meeting the needs
of children eligible under this subclause; and
``(bb) in prioritizing the selection of children to be
served, the Head Start agency establishes criteria that
provide that the agency will serve children eligible under
clause (i) or (ii) prior to serving the children eligible
under this subclause;
``(iv) that any Head Start agency serving children eligible
under clause (iii)(II) shall report annually to the Secretary
information on--
``(I) how such agency is meeting the needs of children
eligible under clause (i) or (ii), in the area served,
including local demographic data on families of children
eligible under clause (i) or (ii);
``(II) the outreach and enrollment policies and procedures
established by the agency that ensure the agency is meeting the
needs of children eligible under clause (i) or (ii) (or clause
(iii)(I) if the child involved has a disability) prior to
meeting the needs of children eligible under clause (iii)(II);
``(III) the efforts, including outreach efforts (that are
appropriate to the community involved), of such agency to be
fully enrolled with children eligible under clause (i) or (ii);
``(IV) the policies, procedures, and selection criteria
such agency is implementing to serve eligible children,
consistent with clause (iii)(II);
``(V) the agency's enrollment level, and enrollment level
over the fiscal year prior to the fiscal year in which the
report is submitted;
``(VI) the number of children served by the agency,
disaggregated by whether such children are eligible under
clause (i), clause (ii), clause (iii)(I), or clause (iii)(II);
and
``(VII) the eligibility criteria category of the children
on the agency's waiting list;
``(v) that a child who has been determined to meet the
eligibility criteria described in this subparagraph and who is
participating in a Head Start program in a program year shall be
considered to continue to meet the eligibility criteria through the
end of the succeeding program year.
``(C) In determining, for purposes of this paragraph, whether a
child who has applied for enrollment in a Head Start program meets the
eligibility criteria, an entity may consider evidence of family income
during the 12 months preceding the month in which the application is
submitted, or during the calendar year preceding the calendar year in
which the application is submitted, whichever more accurately reflects
the needs of the family at the time of application.''; and
(B) by adding at the end the following:
``(3)(A) In this paragraph:
``(i) The term `dependent' has the meaning given the term in
paragraphs (2)(A) and (4)(A)(i) of section 401(a) of title 37,
United States Code.
``(ii) The terms `member' and `uniformed services' have the
meanings given the terms in paragraphs (23) and (3), respectively,
of section 101 of title 37, United States Code.
``(B) The following amounts of pay and allowance of a member of the
uniformed services shall not be considered to be income for purposes of
determining the eligibility of a dependent of such member for programs
funded under this subchapter:
``(i) The amount of any special pay payable under section 310
of title 37, United States Code, relating to duty subject to
hostile fire or imminent danger.
``(ii) The amount of basic allowance payable under section 403
of such title, including any such amount that is provided on behalf
of the member for housing that is acquired or constructed under the
alternative authority for the acquisition and improvement of
military housing under subchapter IV of chapter 169 of title 10,
United States Code, or any other related provision of law.
``(4) After demonstrating a need through a communitywide strategic
planning and needs assessment, a Head Start agency may apply to the
Secretary to convert part-day sessions, particularly consecutive part-
day sessions, into full-working-day sessions.
``(5)(A) Upon written request and pursuant to the requirements of
this paragraph, a Head Start agency may use funds that were awarded
under this subchapter to serve children age 3 to compulsory school age,
in order to serve infants and toddlers if the agency submits an
application to the Secretary containing, as specified in rules issued
by the Secretary, all of the following information:
``(i) The amount of such funds that are proposed to be used in
accordance with section 645A(b).
``(ii) A communitywide strategic planning and needs assessment
demonstrating how the use of such funds would best meet the needs
of the community.
``(iii) A description of how the needs of pregnant women, and
of infants and toddlers, will be addressed in accordance with
section 645A(b), and with regulations prescribed by the Secretary
pursuant to section 641A in areas including the agency's approach
to child development and provision of health services, approach to
family and community partnerships, and approach to program design
and management.
``(iv) A description of how the needs of eligible children will
be met in the community.
``(v) Assurances that the agency will participate in technical
assistance activities (including planning, start-up site visits,
and national training activities) in the same manner as recipients
of grants under section 645A.
``(vi) Evidence that the agency meets the same eligibility
criteria as recipients of grants under section 645A.
``(B) An application that satisfies the requirements specified in
subparagraph (A) shall be approved by the Secretary unless the
Secretary finds that--
``(i) the agency lacks adequate capacity and capability to
carry out an effective Early Head Start program; or
``(ii) the information provided under subparagraph (A) is
inadequate.
``(C) In approving such applications, the Secretary shall take into
account the costs of serving persons under section 645A.
``(D) Any Head Start agency with an application approved under
subparagraph (B) shall be considered to be an Early Head Start agency
and shall be subject to the same rules, regulations, and conditions as
apply to recipients of grants under section 645A, with respect to
activities carried out under this paragraph.'';
(2) in the first sentence of subsection (c), by striking ``(age
3 to compulsory school attendance)''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) by adding at the end the following:
``(3) Notwithstanding any other provision of this Act, an Indian
tribe or tribes that operates both an Early Head Start program under
section 645A and a Head Start program may, at its discretion, at any
time during the grant period involved, reallocate funds between the
Early Head Start program and the Head Start program in order to address
fluctuations in client populations, including pregnant women and
children from birth to compulsory school age. The reallocation of such
funds between programs by an Indian tribe or tribes during a year shall
not serve as the basis for the Secretary to reduce a base grant (as
defined in section 640(a)(7)) for either program in succeeding
years.''.
SEC. 15. EARLY HEAD START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 645A. EARLY HEAD START PROGRAMS.'';
(2) in subsection (a) by striking ``The Secretary'' and all
that follows through ``for programs'' and inserting ``The Secretary
shall make grants to entities (referred to in this subchapter as
`Early Head Start agencies') in accordance with this section for
programs (referred to in this subchapter as `Early Head Start
programs')'';
(3) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) provide services to parents to support their role as
parents (including parenting skills training and training in basic
child development) and services to help the families move toward
self-sufficiency (including educational and employment services, as
appropriate);'';
(B) by striking paragraph (5) and inserting the following:
``(5) coordinate services with services provided by programs in
the State (including home-based services) and programs in the
community (including programs for infants and toddlers with
disabilities and programs for homeless infants and toddlers) to
ensure a comprehensive array of services (such as health and mental
health services and family support services);'';
(C) by redesignating paragraphs (6), (7), (8), and (9), as
paragraphs (7), (10), (11), and (12), respectively;
(D) by inserting after paragraph (5) the following:
``(6) ensure that children with documented behavioral problems,
including problems involving behavior related to prior or existing
trauma, receive appropriate screening and referral;'';
(E) by inserting after paragraph (7), as redesignated by
subparagraph (C), the following:
``(8) develop and implement a systematic procedure for
transitioning children and parents from an Early Head Start program
to a Head Start program or other local early childhood education
and development program;
``(9) establish channels of communication between staff of the
Early Head Start program, and staff of a Head Start program or
other local providers of early childhood education and development
programs, to facilitate the coordination of programs;''; and
(F) by striking paragraph (11), as redesignated by
subparagraph (C), and inserting the following:
``(11) ensure formal linkages with providers of early
intervention services for infants and toddlers with disabilities
under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), with the State interagency coordinating council, as
established in part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.), and with the agency
responsible for administering section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a);'';
(4) in subsection (c), by striking ``income criteria specified
for families in section 645(a)(1)'' and inserting ``eligibility
criteria specified in section 645(a)(1), including the criteria
specified in section 645(a)(1)(B)(ii)'';
(5) in subsection (d), by striking paragraphs (1) and (2) and
inserting the following:
``(1) entities operating Head Start programs under this
subchapter;
``(2) entities operating Indian Head Start programs or migrant
or seasonal Head Start programs; and
``(3) other public entities, and nonprofit or for-profit
private entities, including community-based and faith-based
organizations, capable of providing child and family services that
meet the standards for participation in programs under this
subchapter and meet such other appropriate requirements relating to
the activities under this section as the Secretary may
establish.'';
(6) in subsection (e), by striking ``From'' and all that
follows through ``under this subsection'' and inserting ``The
Secretary shall award grants under this section'';
(7) by striking subsection (g) and inserting the following:
``(g) Monitoring, Training, Technical Assistance, and Evaluation.--
``(1) Requirement.--In order to ensure the successful operation
of programs assisted under this section, the Secretary shall use
funds made available under section 640(a)(2)(E) to monitor the
operation of such programs, and funds made available under section
640(a)(2)(C)(i)(I) to provide training and technical assistance
tailored to the particular needs of such programs, consistent with
section 640(c).
``(2) Training and technical assistance.--
``(A) Activities.--Of the portion set aside under section
640(a)(2)(C)(i)(I)--
``(i) not less than 50 percent shall be made available
to Early Head Start agencies to use directly, which may
include, at their discretion, the establishment of local or
regional agreements with community experts, institutions of
higher education, or private consultants, for training and
technical assistance activities in order to make program
improvements identified by such agencies;
``(ii) not less than 25 percent shall be available to
the Secretary to support a State-based training and
technical assistance system, or a national system,
described in section 648(e), including infant and toddler
specialists, to support Early Head Start agencies,
consistent with subparagraph (B); and
``(iii) the remainder of such amount shall be made
available to the Secretary to assist Early Head Start
agencies in meeting and exceeding the standards described
in section 641A(a)(1) (directly, or through grants,
contracts, or other agreements or arrangements with an
entity with demonstrated expertise relating to infants,
toddlers, and families) by--
``(I) providing ongoing training and technical
assistance to Early Head Start agencies, including
developing training and technical assistance materials
and resources to support program development and
improvement and best practices in providing services to
children and families served by Early Head Start
programs;
``(II) supporting a national network of infant and
toddler specialists designed to improve the quality of
Early Head Start programs;
``(III) providing ongoing training and technical
assistance on Early Head Start program development and
improvement for regional staff charged with monitoring
and overseeing the administration of the program
carried out under this section; and
``(IV) if funds remain after the activities
described in subclauses (I), (II), and (III) are
carried out, carry out 1 or more of the following
activities:
``(aa) Providing support and program planning
and implementation assistance for new Early Head
Start agencies, including for agencies who want to
use funds as described in section 645(a)(5) to
serve infants and toddlers.
``(bb) Creating special training and technical
assistance initiatives targeted to serving high-
risk populations, such as children in the child
welfare system and homeless children.
``(cc) Providing professional development
designed to increase program participation for
underserved populations of eligible children.
``(B) Contracts.--For the purposes of supporting a State-
based system, as described in subparagraph (A)(ii), that will
meet the needs of Early Head Start agencies and provide high-
quality, sustained, and intensive training and technical
assistance on programming for infants and toddlers to Early
Head Start agencies, and in order to help such agencies meet or
exceed the standards described in section 641A(a)(1), the
Secretary shall--
``(i) use funds reserved under subparagraph (A)(ii) in
combination with funds reserved under section
640(a)(2)(C)(i)(II)(bb) to ensure the contracts described
in section 648(e)(1) provide for a minimum of 1 full-time
specialist with demonstrated expertise in the development
of infants and toddlers; and
``(ii) ensure that such contracts and the services
provided in the contracts are integrated with and augment
the contracts awarded and services provided under section
648(e);''; and
(8) by adding at the end the following:
``(h) Center-Based Staff.--The Secretary shall--
``(1) ensure that, not later than September 30, 2010, all
teachers providing direct services to children and families
participating in Early Head Start programs located in Early Head
Start centers, have a minimum of a child development associate
credential, and have been trained (or have equivalent coursework)
in early childhood development; and
``(2) establish staff qualification goals to ensure that not
later than September 30, 2012, all such teachers have been trained
(or have equivalent coursework) in early childhood development with
a focus on infant and toddler development.
``(i) Staff Qualifications and Development.--
``(1) Home visitor staff standards.--In order to further
enhance the quality of home visiting services provided to families
of children participating in home-based, center-based, or
combination program options under this subchapter, the Secretary
shall establish standards for training, qualifications, and the
conduct of home visits for home visitor staff in Early Head Start
programs.
``(2) Contents of standards.--The standards for training,
qualifications, and the conduct of home visits shall include
content related to--
``(A) structured child-focused home visiting that promotes
parents' ability to support the child's cognitive, social,
emotional, and physical development;
``(B) effective strengths-based parent education, including
methods to encourage parents as their child's first teachers;
``(C) early childhood development with respect to children
from birth through age 3;
``(D) methods to help parents promote emergent literacy in
their children from birth through age 3, including use of
research-based strategies to support the development of
literacy and language skills for children who are limited
English proficient;
``(E) ascertaining what health and developmental services
the family receives and working with providers of these
services to eliminate gaps in service by offering annual
health, vision, hearing, and developmental screening for
children from birth to entry into kindergarten, when needed;
``(F) strategies for helping families coping with crisis;
and
``(G) the relationship of health and well-being of pregnant
women to prenatal and early child development.''.
SEC. 16. APPEALS, NOTICE, AND HEARING.
Section 646(a) of the Head Start Act (42 U.S.C. 9841(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``procedures to assure that'';
(2) in paragraphs (1) and (2), by inserting ``procedures to
assure that'' after the paragraph designation;
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) procedures to assure that financial assistance under this
subchapter may be terminated or reduced, and an application for
refunding may be denied, after the recipient has been afforded
reasonable notice and opportunity for a full and fair hearing,
including--
``(A) a right to file a notice of appeal of a decision not
later than 30 days after notice of the decision from the
Secretary; and
``(B) access to a full and fair hearing of the appeal, not
later than 120 days after receipt by the Secretary of the
notice of appeal;
``(4) procedures (including mediation procedures) are developed
and published, to be used in order to--
``(A) resolve in a timely manner conflicts potentially
leading to an adverse action between--
``(i) recipients of financial assistance under this
subchapter; and
``(ii) delegate agencies, or policy councils of Head
Start agencies;
``(B) avoid the need for an administrative hearing on an
adverse action; and
``(C) prohibit a Head Start agency from expending financial
assistance awarded under this subchapter for the purpose of
paying legal fees, or other costs incurred, pursuant to an
appeal under paragraph (3);
``(5) procedures to assure that the Secretary may suspend
financial assistance to a recipient under this subchapter--
``(A) except as provided in subparagraph (B), for not more
than 30 days; or
``(B) in the case of a recipient under this subchapter that
has multiple and recurring deficiencies for 180 days or more
and has not made substantial and significant progress toward
meeting the goals of the grantee's quality improvement plan or
eliminating all deficiencies identified by the Secretary,
during the hearing of an appeal described in paragraph (3), for
any amount of time; and
``(6) procedures to assure that in cases where a Head Start
agency prevails in a decision under paragraph (4), the Secretary
may determine and provide a reimbursement to the Head Start agency
for fees deemed reasonable and customary.''.
SEC. 17. RECORDS AND AUDITS.
Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by
adding at the end the following:
``(c) Each recipient of financial assistance under this subchapter
shall--
``(1) maintain, and annually submit to the Secretary, a
complete accounting of the recipient's administrative expenses
(including a detailed statement identifying the amount of financial
assistance provided under this subchapter used to pay expenses for
salaries and compensation and the amount (if any) of other funds
used to pay such expenses);
``(2) not later than 30 days after the date of completion of an
audit conducted in the manner and to the extent provided in chapter
75 of title 31, United States Code (commonly known as the `Single
Audit Act of 1984'), submit to the Secretary a copy of the audit
management letter and of any audit findings as they relate to the
Head Start program; and
``(3) provide such additional documentation as the Secretary
may require.''.
SEC. 18. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the of the Head Start Act (42 U.S.C. 9843) is
amended to read as follows:
``SEC. 648. TECHNICAL ASSISTANCE AND TRAINING.
``(a) Secretarial Training and Technical Assistance.--
``(1) Authority.--From the funds provided under section
640(a)(2)(C)(i), the Secretary shall provide, directly or through
grants, contracts, or other agreements or arrangements as the
Secretary considers appropriate, technical assistance and training
for Head Start programs for the purposes of improving program
quality and helping prepare children to succeed in school.
``(2) Process.--The process for determining the technical
assistance and training activities to be carried out under this
section shall--
``(A) ensure that the needs of local Head Start agencies
and programs relating to improving program quality and to
program expansion are addressed to the maximum extent
practicable; and
``(B) incorporate mechanisms to ensure responsiveness to
local needs, including an ongoing procedure for obtaining input
from the individuals and agencies carrying out Head Start
programs.
``(3) Activities.--In providing training and technical
assistance and for allocating resources for such assistance under
this section, the Secretary shall--
``(A) give priority consideration to--
``(i) activities to correct program and management
deficiencies identified through reviews carried out
pursuant to section 641A(c) (including the provision of
assistance to local programs in the development of quality
improvement plans under section 641A(d)(2));
``(ii) assisting Head Start agencies in ensuring the
school readiness of children; and
``(iii) activities that supplement those funded with
amounts provided under section 640(a)(5)(B) to address the
training and career development needs of classroom staff
(including instruction for providing services to children
with disabilities, and for activities described in section
1222(d) of the Elementary and Secondary Education Act of
1965), and non-classroom staff, including home visitors and
other staff working directly with families, including
training relating to increasing parent involvement and
services designed to increase family literacy and improve
parenting skills; and
``(B) to the maximum extent practicable--
``(i) assist Head Start agencies in the development of
collaborative initiatives with States and other entities
within the States, to foster effective professional
development systems for early childhood education and
development services;
``(ii) provide technical assistance and training,
either directly or through a grant, contract, or
cooperative agreement with an entity that has experience in
the development and operation of successful family literacy
services programs, for the purpose of--
``(I) assisting Head Start agencies providing
family literacy services, in order to improve the
quality of such family literacy services; and
``(II) enabling those Head Start agencies that
demonstrate effective provision of family literacy
services, based on improved outcomes for children and
their parents, to provide technical assistance and
training to other Head Start agencies and to service
providers that work in collaboration with such agencies
to provide family literacy services;
``(iii) assist Head Start agencies and programs in
conducting and participating in communitywide strategic
planning and needs assessments, including the needs of
homeless children and their families, and in conducting
self-assessments;
``(iv) assist Head Start agencies and programs in
developing and implementing full-working-day and full
calendar year programs where community need is clearly
identified and making the transition to such programs, with
particular attention to involving parents and programming
for children throughout the day, and assist the agencies
and programs in expediting the sharing of information about
innovative models for providing full-working-day, full
calendar year services for children;
``(v) assist Head Start agencies in better serving the
needs of families with very young children, including
providing support and program planning and implementation
assistance for Head Start agencies that apply to serve or
are serving additional infants and toddlers, in accordance
with section 645(a)(5);
``(vi) assist Head Start agencies and programs in the
development of sound management practices, including
financial management procedures;
``(vii) assist in efforts to secure and maintain
adequate facilities for Head Start programs;
``(viii) assist Head Start agencies in developing
innovative program models, including mobile and home-based
programs;
``(ix) provide support for Head Start agencies
(including policy councils and policy committees) that meet
the standards described in section 641A(a) but that have,
as documented by the Secretary through reviews conducted
pursuant to section 641A(c), programmatic, quality, and
fiscal issues to address;
``(x) assist Head Start agencies and programs in
improving outreach to, increasing program participation of,
and improving the quality of services available to meet the
unique needs of--
``(I) homeless children;
``(II) limited English proficient children and
their families, particularly in communities that have
experienced a large percentage increase in the
population of limited English proficient individuals,
as measured by the Bureau of the Census; and
``(III) children with disabilities, particularly if
such program's enrollment opportunities or funded
enrollment for children with disabilities is less than
10 percent;
``(xi) assist Head Start agencies and programs to
increase the capacity of classroom staff to meet the needs
of eligible children in Head Start classrooms that are
serving both children with disabilities and children
without disabilities;
``(xii) assist Head Start agencies and programs to
address the unique needs of programs located in rural
communities, including--
``(I) removing barriers related to the recruitment
and retention of Head Start teachers in rural
communities;
``(II) developing innovative and effective models
of professional development for improving staff
qualifications and skills for staff living in rural
communities;
``(III) removing barriers related to outreach
efforts to eligible families in rural communities;
``(IV) removing barriers to parent involvement in
Head Start programs in rural communities;
``(V) removing barriers to providing home visiting
services in rural communities; and
``(VI) removing barriers to obtaining health
screenings for Head Start participants in rural
communities;
``(xiii) provide training and technical assistance to
members of governing bodies, policy councils, and, as
appropriate, policy committees, to ensure that the members
can fulfill their functions;
``(xiv) provide activities that help ensure that Head
Start programs have qualified staff who can promote
prevention of childhood obesity by integrating
developmentally appropriate research-based initiatives that
stress the importance of physical activity and healthy,
nutritional choices in daily classroom and family routines;
``(xv) assist Indian Head Start agencies to provide on-
site and off-site training to staff, using approaches that
identify and enhance the positive resources and strengths
of Indian children and families, to improve parent and
family engagement and staff development, particularly with
regard to child and family development; and
``(xvi) assisting Head Start agencies in selecting and
using the measures described in section 641A(b).
``(b) Additional Support.--The Secretary shall provide, either
directly or through grants, contracts or other arrangements, funds from
section 640(a)(2)(C)(i)(II)(cc) to--
``(1) support an organization to administer a centralized child
development and national assessment program leading to recognized
credentials for personnel working in early childhood education and
development programs; and
``(2) support training for personnel--
``(A) providing services to limited English proficient
children and their families (including services to promote the
acquisition of the English language);
``(B) providing services to children determined to be
abused or neglected or children referred by or receiving child
welfare services;
``(C) in helping children cope with community violence;
``(D) to recognize common health, including mental health,
problems in children for appropriate referral;
``(E) to address the needs of children with disabilities
and their families;
``(F) to address the needs of migrant and seasonal
farmworker families; and
``(G) to address the needs of homeless families.
``(c) Outreach.--The Secretary shall develop and implement a
program of outreach to recruit and train professionals from diverse
backgrounds to become Head Start teachers in order to reflect the
communities in which Head Start children live and to increase the
provision of quality services and instruction to children with diverse
backgrounds.
``(d) Funds to Agencies.--Funds made available under section
640(a)(2)(C)(i)(II)(aa) shall be used by a Head Start agency to provide
high-quality, sustained, and intensive training and technical
assistance as follows:
``(1) For 1 or more of the following:
``(A) Activities that ensure that Head Start programs meet
or exceed the standards described in section 641A(a)(1).
``(B) Activities that ensure that Head Start programs have
adequate numbers of trained, qualified staff who have skills in
working with children and families, including children and
families who are limited English proficient and children with
disabilities and their families.
``(C) Activities to improve the management and
implementation of Head Start services and systems, including
direct training for expert consultants working with staff.
``(D) Activities that help ensure that Head Start programs
have qualified staff who can promote language skills and
literacy growth of children and who can provide children with a
variety of skills that have been identified as predictive of
later reading achievement, school success, and the skills,
knowledge, abilities, development, and progress described in
section 641A(a)(1)(B)(ii).
``(E) Activities to improve staff qualifications and to
assist with the implementation of career development programs
and to encourage the staff to continually improve their skills
and expertise, including developing partnerships with programs
that recruit, train, place, and support college students in
Head Start centers to deliver an innovative early learning
program to preschool children.
``(F) Activities that help local programs ensure that the
arrangement, condition, and implementation of the learning
environments in Head Start programs are conducive to providing
effective program services to children and families.
``(G) Activities to provide training necessary to improve
the qualifications of Head Start staff and to support staff
training, child counseling, health services, and other services
necessary to address the needs of children enrolled in Head
Start programs, including children from families in crises,
children who experience chronic violence or homelessness,
children who experience substance abuse in their families, and
children under 3 years of age, where applicable.
``(H) Activities to provide classes or in-service-type
programs to improve or enhance parenting skills, job skills,
and adult and family literacy, including financial literacy, or
training to become a classroom aide or bus driver in a Head
Start program.
``(I) Additional activities deemed appropriate to the
improvement of Head Start programs, as determined by the
technical assistance and training plans of the Head Start
agencies.
``(2) To support enhanced early language and literacy
development of children in Head Start programs, and to provide the
children with high-quality oral language skills and with
environments that are rich in literature in which to acquire
language and early literacy skills. Each Head Start agency, in
consultation with the State-based training and technical assistance
system, as appropriate, shall ensure that--
``(A) all of the agency's Head Start teachers receive
ongoing training in language and emergent literacy (referred to
in this subsection as `literacy training'), including
appropriate curricula and assessment to improve instruction and
learning;
``(B) such literacy training shall include training in
methods to promote vocabulary development and phonological
awareness (including phonemic awareness) in a developmentally,
culturally, and linguistically appropriate manner and support
children's development in their native language;
``(C) the literacy training shall include training in how
to work with parents to enhance positive language and early
literacy development at home;
``(D) the literacy training shall include specific methods
to best address the needs of children who are limited English
proficient;
``(E) the literacy training shall include training on how
to best address the language and literacy needs of children
with disabilities, including training on how to work with
specialists in language development; and
``(F) the literacy training shall be tailored to the early
childhood literacy background and experience of the teachers
involved;
except that funds made available under section 640(a)(2)(C)(i)
shall not be used for long-distance travel expenses for training
activities available locally or regionally or for training
activities substantially similar to locally or regionally available
training activities.
``(e) State-Based Training and Technical Assistance System.--For
the purposes of delivering a State-based training and technical
assistance system (which may include a consortium of 2 or more States
within a region) or a national system in the case of migrant or
seasonal Head Start and Indian Head Start programs, as described in
section 640(a)(2)(C)(i)(II)(bb), that will meet the needs of local
grantees, as determined by such grantees, and provide high-quality,
sustained, and intensive training and technical assistance to Head
Start agencies and programs in order to improve their capacity to
deliver services that meet or exceed the standards described in section
641A(a)(1), the Secretary shall--
``(1) enter into contracts in each State with 1 or more
entities that have a demonstrated expertise in supporting the
delivery of high-quality early childhood education and development
programs, except that contracts for a consortium of 2 or more
States within a geographic region may be entered into if such a
system is more appropriate to better meet the needs of local
grantees within a region, as determined by such grantees;
``(2) ensure that the entities described in subparagraph (1)
determine the types of services to be provided through consultation
with--
``(A) local Head Start agencies (including Indian Head
Start agencies and migrant or seasonal Head Start agencies, as
appropriate);
``(B) the State Head Start collaboration office; and
``(C) the State Head Start Association;
``(3) encourage States to supplement the funds authorized in
section 640(a)(2)(C)(i)(II)(bb) with Federal, State, or local funds
other than funds made available under this subchapter, to expand
training and technical assistance activities beyond Head Start
agencies to include other providers of other early childhood
education and development programs within a State;
``(4) provide a report to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, not later than 90
days after the end of the fiscal year, summarizing the funding for
such contracts and the activities carried out thereunder;
``(5) periodically evaluate the effectiveness of the delivery
of services in each State in promoting program quality; and
``(6) ensure that in entering into such contracts as described
in paragraph (1), such entities will address the needs of grantees
in both urban and rural communities.
``(f) Indoor Air Quality.--The Secretary shall consult with
appropriate Federal agencies and other experts, as appropriate, on
issues of air quality related to children's health and inform Head
Start agencies of existing programs or combination of programs that
provide methods for improving indoor air quality.
``(g) Career Advancement Partnership Program.--
``(1) Authority.--From amounts allocated under section
640(a)(2)(C) the Secretary is authorized to award demonstration
grants, for a period of not less than 5 years, to historically
Black colleges and universities, Hispanic-serving institutions, and
Tribal Colleges and Universities--
``(A) to implement education programs that increase the
number of associate, baccalaureate, and graduate degrees in
early childhood education and related fields that are earned by
Head Start agency staff members, parents of children served by
such agencies, and members of the communities involved;
``(B) to provide assistance for stipends and costs related
to tuition, fees, and books for enrolling Head Start agency
staff members, parents of children served by such an agency,
and members of the communities involved in courses required to
complete the degree and certification requirement to become
teachers in early childhood education and related fields;
``(C) to develop program curricula to promote high-quality
services and instruction to children with diverse backgrounds,
including--
``(i) in the case of historically Black colleges and
universities, to help Head Start Agency staff members
develop skills and expertise needed to teach in programs
serving large numbers of African American children;
``(ii) in the case of Hispanic-serving institutions,
programs to help Head Start Agency staff members develop
skills and expertise needed to teach in programs serving
large numbers of Hispanic children, including programs to
develop the linguistic skills and expertise needed to teach
in programs serving a large number of children with limited
English proficiency; and
``(iii) in the case of Tribal Colleges and
Universities, to help Head Start Agency staff members
develop skills and expertise needed to teach in programs
serving large numbers of Indian children, including
programs concerning tribal culture and language;
``(D) to provide other activities to upgrade the skills and
qualifications of educational personnel to meet the
professional standards in subsection (a) to better promote
high-quality services and instruction to children and parents
from populations served by historically Black colleges and
universities, Hispanic-serving institutions, or Tribal Colleges
and Universities;
``(E) to provide technology literacy programs for Indian
Head Start agency staff members and families of children served
by such agency; and
``(F) to develop and implement the programs described under
subparagraph (A) in technology-mediated formats, including
through such means as distance learning and use of advanced
technology, as appropriate.
``(2) Other assistance.--The Secretary shall, using resources
within the Department of Health and Human Services--
``(A) provide appropriate technical assistance to
historically Black colleges and universities, Hispanic-serving
institutions, and Tribal Colleges and Universities receiving
grants under this section, including coordinating with the
White House Initiative on historically Black colleges and
universities; and
``(B) ensure that the American Indian Programs Branch of
the Office of Head Start of the Administration for Children and
Families of the Department of Health and Human Services can
effectively administer the programs under this section and
provide appropriate technical assistance to Tribal Colleges and
Universities under this section.
``(3) Application.--Each historically Black college or
university, Hispanic-serving institution, or Tribal College or
University desiring a grant under this section shall submit an
application, in partnership with at least 1 Head Start agency
enrolling large numbers of students from the populations served by
historically Black colleges and universities, Hispanic-serving
institutions, or Tribal Colleges and Universities, to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require, including a certification
that the institution of higher education has established a formal
partnership with 1 or more Head Start agencies for the purposes of
conducting the activities described in paragraph (1).
``(4) Definitions.--In this subsection:
``(A) The term `Hispanic-serving institution' has the
meaning given such term in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a).
``(B) The term `historically Black college or university'
has the meaning given the term `part B institution' in section
322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(C) The term `Tribal College or University' has the
meaning given such term in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
``(5) Teaching requirement.--A student at an institution
receiving a grant under this subsection who receives assistance
under a program funded under this subsection shall teach in a
center-based Head Start program for a period of time equivalent to
the period for which they received assistance or shall repay such
assistance.''.
SEC. 19. STAFF QUALIFICATIONS AND DEVELOPMENT.
Section 648A of the Head Start Act (42 U.S.C. 9843a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Classroom Teachers.--
``(1) Professional requirements.--The Secretary shall ensure
that each Head Start classroom in a center-based program is
assigned 1 teacher who has demonstrated competency to perform
functions that include--
``(A) planning and implementing learning experiences that
advance the intellectual and physical development of children,
including improving the readiness of children for school by
developing their literacy, phonemic, and print awareness, their
understanding and use of language, their understanding and use
of increasingly complex and varied vocabulary, their
appreciation of books, their understanding of early math and
early science, their problem-solving abilities, and their
approaches to learning;
``(B) establishing and maintaining a safe, healthy learning
environment;
``(C) supporting the social and emotional development of
children; and
``(D) encouraging the involvement of the families of the
children in a Head Start program and supporting the development
of relationships between children and their families.
``(2) Degree requirements.--
``(A) Head start teachers.--The Secretary shall ensure that
not later than September 30, 2013, at least 50 percent of Head
Start teachers nationwide in center-based programs have--
``(i) a baccalaureate or advanced degree in early
childhood education; or
``(ii) a baccalaureate or advanced degree and
coursework equivalent to a major relating to early
childhood education, with experience teaching preschool-age
children.
``(B) Additional staff.--The Secretary shall ensure that,
not later than September 30, 2013, all--
``(i) Head Start education coordinators, including
those that serve as curriculum specialists, nationwide in
center-based programs--
``(I) have the capacity to offer assistance to
other teachers in the implementation and adaptation of
curricula to the group and individual needs of children
in a Head Start classroom; and
``(II) have--
``(aa) a baccalaureate or advanced degree in
early childhood education; or
``(bb) a baccalaureate or advanced degree and
coursework equivalent to a major relating to early
childhood education, with experience teaching
preschool-age children; and
``(ii) Head Start teaching assistants nationwide in
center-based programs have--
``(I) at least a child development associate
credential;
``(II) enrolled in a program leading to an
associate or baccalaureate degree; or
``(III) enrolled in a child development associate
credential program to be completed within 2 years.
``(C) Progress.--
``(i) Implementation.--The Secretary shall--
``(I) require Head Start agencies to--
``(aa) describe continuing progress each year
toward achieving the goals described in
subparagraphs (A) and (B); and
``(bb) annually submit to the Secretary a
report indicating the number and percentage of
classroom personnel described in subparagraphs (A)
and (B) in center-based programs with child
development associate credentials or associate,
baccalaureate, or advanced degrees;
``(II) compile and submit a summary of all program
reports described in subclause (I)(bb) to the Committee
on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
``(III) not impose any penalties or sanctions on
any individual Head Start agency, program, or staff in
the monitoring of local agencies and programs under
this subchapter not meeting the requirements of
subparagraph (A) or (B).
``(D) Construction.--In this paragraph a reference to a
Head Start agency, or its program, services, facility, or
personnel, shall not be considered to be a reference to an
Early Head Start agency, or its program, services, facility, or
personnel.
``(3) Alternative credentialing and degree requirements.--The
Secretary shall ensure that, for center-based programs, each Head
Start classroom that does not have a teacher who meets the
qualifications described in clause (i) or (ii) of paragraph (2)(A)
is assigned one teacher who has the following during the period
specified:
``(A) Through September 30, 2011--
``(i) a child development associate credential that is
appropriate to the age of children being served in center-
based programs;
``(ii) a State-awarded certificate for preschool
teachers that meets or exceeds the requirements for a child
development associate credential;
``(iii) an associate degree in early childhood
education;
``(iv) an associate degree in a related field and
coursework equivalent to a major relating to early
childhood education, with experience teaching preschool-age
children; or
``(v) a baccalaureate degree and has been admitted into
the Teach For America program, passed a rigorous early
childhood content exam, such as the Praxis II, participated
in a Teach For America summer training institute that
includes teaching preschool children, and is receiving
ongoing professional development and support from Teach For
America's professional staff.
``(B) As of October 1, 2011--
``(i) an associate degree in early childhood education;
``(ii) an associate degree in a related field and
coursework equivalent to a major relating to early
childhood education, with experience teaching preschool-age
children; or
``(iii) a baccalaureate degree and has been admitted
into the Teach For America program, passed a rigorous early
childhood content exam, such as the Praxis II, participated
in a Teach For America summer training institute that
includes teaching preschool children, and is receiving
ongoing professional development and support from Teach For
America's professional staff.
``(4) Waiver.--On request, the Secretary shall grant--
``(A) through September 30, 2011, a 180-day waiver ending
on or before September 30, 2011, of the requirements of
paragraph (3)(A) for a Head Start agency that can demonstrate
that the agency has attempted unsuccessfully to recruit an
individual who has the qualifications described in any of
clauses (i) through (iv) of paragraph (3)(A) with respect to an
individual who--
``(i) is enrolled in a program that grants a
credential, certificate, or degree described in clauses (i)
through (iv) of paragraph (3)(A); and
``(ii) will receive such credential, certificate, or
degree under the terms of such program not later than 180
days after beginning employment as a teacher with such
agency; and
``(B) as of October 1, 2011, a 3-year waiver of the
requirements of paragraph (3)(B) for a Head Start agency that
can demonstrate that--
``(i) the agency has attempted unsuccessfully to
recruit an individual who has the qualifications described
in clause (i) or (ii) of such paragraph, with respect to an
individual who is enrolled in a program that grants a
degree described in clause (i) or (ii) of such paragraph
and will receive such degree in a reasonable time; and
``(ii) each Head Start classroom has a teacher who has,
at a minimum--
``(I) a child development associate credential that
is appropriate to the age of children being served in
center-based programs; or
``(II) a State-awarded certificate for preschool
teachers that meets or exceeds the requirements for a
child development associate credential.
``(5) Teacher in-service requirement.--Each Head Start teacher
shall attend not less than 15 clock hours of professional
development per year. Such professional development shall be high-
quality, sustained, intensive, and classroom-focused in order to
have a positive and lasting impact on classroom instruction and the
teacher's performance in the classroom, and regularly evaluated by
the program for effectiveness.
``(6) Service requirements.--The Secretary shall establish
requirements to ensure that, in order to enable Head Start agencies
to comply with the requirements of paragraph (2)(A), individuals
who receive financial assistance under this subchapter to pursue a
degree described in paragraph (2)(A) shall--
``(A) teach or work in a Head Start program for a minimum
of 3 years after receiving the degree; or
``(B) repay the total or a prorated amount of the financial
assistance received based on the length of service completed
after receiving the degree.
``(7) Use of funds.--The Secretary shall require that any
Federal funds provided directly or indirectly to comply with
paragraph (2)(A) shall be used toward degrees awarded by an
institution of higher education, as defined by section 101 or 102
of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002).'';
(2) by amending subsection (c) to read as follows:
``(c) Family Service Workers.--To improve the quality and
effectiveness of staff providing in-home and other services (including
needs assessment, development of service plans, family advocacy, and
coordination of service delivery) to families of children participating
in Head Start programs, the Secretary, in coordination with concerned
public and private agencies and organizations examining the issues of
standards and training for family service workers, shall--
``(1) review and, as necessary, revise or develop new
qualification standards for Head Start staff providing such
services;
``(2) review, and as necessary, revise or develop maximum
caseload requirements, as suggested by best practices;
``(3) promote the development of model curricula (on subjects
including parenting training and family literacy) designed to
ensure the attainment of appropriate competencies by individuals
working or planning to work in the field of early childhood and
family services;
``(4) promote the establishment of a credential that indicates
attainment of the competencies and that is accepted nationwide; and
``(5) promote the use of appropriate strategies to meet the
needs of special populations (including populations of limited
English proficient children).'';
(3) in subsection (d)--
(A) in paragraph (3)(C), by inserting ``(including a
center)'' after ``agency''; and
(B) in paragraph (6), by striking ``amounts appropriated
under this subchapter and allotted under section 640(a)(2)(D)''
and inserting ``amounts made available under section
640(a)(2)(E)''; and
(4) by adding at the end the following:
``(f) Professional Development Plans.--Each Head Start agency and
program shall create, in consultation with an employee, a professional
development plan for all full-time Head Start employees who provide
direct services to children and shall ensure that such plans are
regularly evaluated for their impact on teacher and staff
effectiveness. The agency and the employee shall implement the plan to
the extent feasible and practicable.
``(g) Staff Recruitment and Selection Procedures.--Before a Head
Start agency employs an individual, such agency shall--
``(1) conduct an interview of such individual;
``(2) verify the personal and employment references provided by
such individual; and
``(3) obtain--
``(A) a State, tribal, or Federal criminal record check
covering all jurisdictions where the grantee provides Head
Start services to children;
``(B) a State, tribal, or Federal criminal record check as
required by the law of the jurisdiction where the grantee
provides Head Start services; or
``(C) a criminal record check as otherwise required by
Federal law.''.
SEC. 20. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is amended--
(1) by amending subsection (a)(1)(B) to read as follows:
``(B) use the Head Start programs to develop, test, and
disseminate new ideas based on existing scientifically valid
research, for addressing the needs of low-income preschool
children (including children with disabilities, homeless
children, children who have been abused or neglected, and
children in foster care) and their families and communities
(including demonstrations of innovative non-center-based
program models such as home-based and mobile programs), and
otherwise to further the purposes of this subchapter.'';
(2) in subsection (d)--
(A) in paragraph (8), by adding ``and'' at the end;
(B) by striking paragraphs (9) and (10), and inserting the
following:
``(10)(A) contribute to understanding the impact of Head Start
services delivered in classrooms which include both children with
disabilities and children without disabilities, on all of the
children; and
``(B) disseminate promising practices for increasing the
availability and quality of such services and such classrooms.'';
(C) in paragraph (5), by striking ``early childhood
education, or child development services'' and inserting
``early childhood education and development or services
programs'';
(D) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(E) by inserting after paragraph (4) the following:
``(5)(A) identify successful strategies that promote good oral
health and provide effective linkages to quality dental services
through pediatric dental referral networks, for infants and
toddlers participating in Early Head Start programs and children
participating in other Head Start programs; and
``(B) identify successful strategies that promote good vision
health through vision screenings for such infants, toddlers, and
children, and referrals for appropriate followup care for those
identified as having a vision problem;''; and
(F) by striking the last sentence; and
(3) in subsection (e)(3), by striking ``child care, early
childhood education, or child development services'' and inserting
``early childhood education and development services or programs'';
(4) in subsection (g) by amending paragraph (7)(C) to read as
follows:
``(C) Transmittal of report to congress.--Not later than
September 30, 2009, the Secretary shall transmit the final
report to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.''; and
(5) by striking subsection (h) and inserting the following:
``(h) Limited English Proficient Children.--
``(1) Study.--Not later than 1 year after the date of enactment
of the Improving Head Start for School Readiness Act of 2007, the
Secretary shall conduct a study on the status of limited English
proficient children and their families participating in Head Start
programs (including Early Head Start programs).
``(2) Report.--The Secretary shall prepare and submit to the
Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate, not later than September 30, 2010, a report containing the
results of the study, including information on--
``(A) the demographics of limited English proficient
children from birth through age 5, including the number of such
children receiving Head Start services and Early Head Start
services, and the geographic distribution of children described
in this subparagraph;
``(B) the nature of the Head Start services and of the
Early Head Start services provided to limited English
proficient children and their families, including the types,
content, duration, intensity, and costs of family services,
language assistance, and educational services;
``(C) procedures in Head Start programs and Early Head
Start programs for the assessment of language needs and the
transition of limited English proficient children to
kindergarten, including the extent to which such programs meet
the requirements of section 642A for limited English proficient
children;
``(D) the qualifications and training provided to Head
Start teachers and Early Head Start teachers who serve limited
English proficient children and their families;
``(E) the languages in which Head Start teachers and Early
Head Start teachers are fluent, in relation to the population,
and instructional needs, of the children served;
``(F) the rate of progress made by limited English
proficient children and their families in Head Start programs
and in Early Head Start programs, including--
``(i) the rate of progress made by limited English
proficient children toward meeting the additional
educational standards described in section
641A(a)(1)(B)(ii) while enrolled in such programs;
``(ii) a description of the type of assessment or
assessments used to determine the rate of progress made by
limited English proficient children;
``(iii) the correlation between such progress and the
type and quality of instruction and educational programs
provided to limited English proficient children; and
``(iv) the correlation between such progress and the
health and family services provided by such programs to
limited English proficient children and their families; and
``(G) the extent to which Head Start programs and Early
Head Start programs make use of funds under section
640(a)(2)(D) to improve the quality of such services provided
to limited English proficient children and their families.
``(i) Research and Evaluation Activities Relevant to Diverse
Communities.--For purposes of conducting the study described in
subsection (h), activities described in section 640(l)(5)(A), and other
research and evaluation activities relevant to limited English
proficient children and their families, migrant and seasonal farmworker
families, and other families from diverse populations served by Head
Start programs, the Secretary shall award, on a competitive basis,
funds from amounts made available under section 640(a)(2)(D) to 1 or
more organizations with a demonstrated capacity for serving and
studying the populations involved.
``(j) Review of Assessments.--
``(1) Application of study.--When the study on Developmental
Outcomes and Assessments for Young Children by the National Academy
of Sciences is made available to the Secretary, the Secretary
shall--
``(A) integrate the results of the study, as appropriate
and in accordance with paragraphs (2) and (3), into each
assessment used in Head Start programs; and
``(B) use the results of the study to develop, inform, and
revise as appropriate the standards and measures described in
section 641A, consistent with section 641A(a)(2)(C)(ii).
``(2) Inform and revise.--In informing and revising any
assessment used in the Head Start programs, the Secretary shall--
``(A) receive recommendations from the Panel on
Developmental Outcomes and Assessments for Young Children of
the National Academy of Sciences; and
``(B) with respect to the development or refinement of such
assessment, ensure--
``(i) consistency with relevant, nationally recognized
professional and technical standards;
``(ii) validity and reliability for all purposes for
which assessments under this subchapter are designed and
used;
``(iii) developmental and linguistic appropriateness of
such assessments for children assessed, including children
who are limited English proficient; and
``(iv) that the results can be used to improve the
quality of, accountability of, and training and technical
assistance in, Head Start programs.
``(3) Additional requirements.--The Secretary, in carrying out
the process described in paragraph (2), shall ensure that--
``(A) staff administering any assessments under this
subchapter have received appropriate training to administer
such assessments;
``(B) appropriate accommodations for children with
disabilities and children who are limited English proficient
are made;
``(C) the English and Spanish (and any other language, as
appropriate) forms of such assessments are valid and reliable
in the languages in which they are administered; and
``(D) such assessments are not used to exclude children
from Head Start programs.
``(4) Suspended implementation of national reporting system.--
The Secretary shall suspend implementation and terminate further
development and use of the National Reporting System.
``(k) Indian Head Start Study.--The Secretary shall--
``(1) work in collaboration with the Head Start agencies that
carry out Indian Head Start programs, the Indian Head Start
collaboration director, and other appropriate entities, including
tribal governments and the National Indian Head Start Directors
Association--
``(A) to undertake a study or set of studies designed to
focus on the American Indian and Alaska Native Head Start-
eligible population, with a focus on issues such as curriculum
development, availability and need for services, appropriate
research methodologies and measures for these populations, and
best practices for teaching and educating American Indian and
Alaska Native Head Start Children;
``(B) to accurately determine the number of children
nationwide who are eligible to participate in Indian Head Start
programs each year;
``(C) to document how many of these children are receiving
Head Start services each year;
``(D) to the extent practicable, to ensure that access to
Indian Head Start programs for eligible children is comparable
to access to other Head Start programs for other eligible
children; and
``(E) to make the funding decisions required in section
640(a)(4)(D)(ii), after completion of the studies required in
that section, taking into account--
``(i) the Federal government's unique trust
responsibility to American Indians and Alaska Natives;
``(ii) limitations faced by tribal communities in
accessing non-Federal sources of funding to supplement
Federal funding for early childhood programs; and
``(iii) other factors that uniquely and adversely
impact children in American Indian and Alaska Native
communities such as highly elevated poverty, unemployment
and violent crime rates, as well as depressed levels of
educational achievement and limited access to non-Federal
health, social and educational resources;
``(2) in carrying out paragraph (1), consult with the Secretary
of Education about the Department of Education's systems for
collecting and reporting data about, and maintaining records on,
American Indian and Alaska Native students;
``(3) not later than 9 months after the effective date of this
subsection, publish in the Federal Register a notice of how the
Secretary plans to carry out paragraph (1) and shall provide a
period for public comment. To the extent practicable, the Secretary
shall consider comments received before submitting a report to the
Congress;
``(4) not later than 1 year after the effective date of this
subsection, submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, detailing how the
Department of Health and Human Services plans to carry out
paragraph (1);
``(5) through regulation, ensure the confidentiality of any
personally identifiable data, information, and records collected or
maintained by the Secretary, by Head Start agencies that carry out
Indian Head Start programs, and by State Directors of Head Start
Collaboration, by the Indian Head Start Collaboration Project
Director and by other appropriate entities pursuant to this
subsection (such regulations shall provide the policies,
protections, and rights equivalent to those provided a parent,
student, or educational agency or institution under section 444 of
the General Education Provisions Act); and
``(6) ensure that nothing in this subsection shall be construed
to authorize the development of a nationwide database of personally
identifiable information on individuals involved in studies or
other collections of data under this subsection.
``(l) Migrant and Seasonal Head Start Program Study.--
``(1) Data.--In order to increase access to Head Start services
for children of migrant and seasonal farmworkers, the Secretary
shall work in collaboration with providers of migrant and seasonal
Head Start programs, the Secretary of Agriculture, the Secretary of
Labor, the Bureau of Migrant Health, and the Secretary of Education
to--
``(A) collect, report, and share data, within a coordinated
system, on children of migrant and seasonal farmworkers and
their families, including health records and educational
documents of such children, in order to adequately account for
the number of children of migrant and seasonal farmworkers who
are eligible for Head Start services and determine how many of
such children receive the services; and
``(B) identify barriers that prevent children of migrant
and seasonal farmworkers who are eligible for Head Start
services from accessing Head Start services, and develop a plan
for eliminating such barriers, including certain requirements
relating to tracking, health records, and educational
documents, and increasing enrollment.
``(2) Publication of plan.--Not later than 1 year after the
date of enactment of the Improving Head Start for School Readiness
Act of 2007, the Secretary shall publish in the Federal Register a
notice about how the Secretary plans to implement the activities
identified in paragraph (1) and shall provide a period for public
comment. To the extent practicable, the Secretary shall consider
comments received before implementing any of the activities
identified in paragraph (1).
``(3) Report.--Not later than 18 months after the date of
enactment of the Improving Head Start for School Readiness Act of
2007, and annually thereafter, the Secretary shall submit a report
to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate detailing how the Secretary plans to
implement the activities identified in paragraph (1), including the
progress made in reaching out to and serving eligible children of
migrant and seasonal farmworkers, and information on States where
such children are still underserved.
``(4) Protection of confidentiality.--The Secretary shall,
through regulation, ensure the protection of the confidentiality of
any personally identifiable data, information, and records
collected or maintained by the Secretary, by Head Start agencies
that carry out migrant or seasonal Head Start programs, by the
State director of Head Start Collaboration, and by the Migrant and
Seasonal Farmworker Collaboration project Director (such
regulations shall provide the policies, protections, and rights
equivalent to those provided a parent, student, or educational
agency or institution under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g)).
``(5) Rule of construction.--Nothing in this subsection shall
be construed to authorize the development of a nationwide database
of personally identifiable data, information, or records on
individuals involved in studies or other collections of data under
this subsection.
``(m) Program Emergency Preparedness.--
``(1) Purpose.--The purpose of this subsection is to evaluate
the emergency preparedness of the Head Start programs, including
Early Head Start programs, and make recommendations for how Head
Start shall enhance its readiness to respond to an emergency.
``(2) Study.--The Secretary shall evaluate the Federal, State,
and local preparedness of Head Start programs, including Early Head
Start programs, to respond appropriately in the event of a large-
scale emergency, such as the hurricanes Katrina, Rita, and Wilma,
the terrorist attacks of September 11, 2001, or other incidents
where assistance may be warranted under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(3) Report to congress.--Not later than 18 months after the
date of the enactment of the Improving Head Start for School
Readiness Act of 2007, the Secretary shall prepare and submit to
Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate a report containing the results of the evaluation required
under paragraph (2), including--
``(A) recommendations for improvements to Federal, State,
and local preparedness and response capabilities to large-scale
emergencies, including those that were developed in response to
hurricanes Katrina, Rita, and Wilma, as they relate to Head
Start programs, including Early Head Start programs, and the
Secretary's plan to implement such recommendations;
``(B) an evaluation of the procedures for informing
families of children in Head Start programs about the program
protocols for response to a large-scale emergency, including
procedures for communicating with such families in the event of
a large-scale emergency;
``(C) an evaluation of such procedures for staff training
on State and local evacuation and emergency protocols; and
``(D) an evaluation of procedures for Head Start agencies
and the Secretary to coordinate with appropriate Federal,
State, and local emergency management agencies in the event of
a large scale emergency and recommendations to improve such
procedures.''.
SEC. 21. REPORTS.
Section 650 of the Head Start Act (42 U.S.C. 9846) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Education and the Workforce'' and
inserting ``Education and Labor'';
(ii) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions''; and
(iii) by striking ``(including disabled and non-English
language background children)'' and inserting ``(including
children with disabilities, limited English proficient
children, homeless children, children in foster care, and
children participating in Indian Head Start programs and
migrant or seasonal Head Start programs)'';
(B) in paragraph (2), by inserting before the semicolon the
following: ``, and information on the number of children served
under this subsection, disaggregated by type of eligibility
criterion'';
(C) in paragraph (3), by striking ``funds expended'' and
all that follows through ``640(a)(3),'' and inserting ``funds
made available under section 640(a)'';
(D) in paragraph (8), by inserting ``homelessness, whether
the child is in foster care or was referred by a child welfare
agency,'' after ``background,'';
(E) in paragraph (12), by inserting ``vision care,'' after
``dental care,'';
(F) in paragraph (14)--
(i) by striking ``Alaskan Natives'' and inserting
``Alaska Natives''; and
(ii) by striking ``seasonal farmworkers'' and inserting
``seasonal farmworker families''; and
(G) in the flush matter at the end--
(i) by striking ``Education and the Workforce'' and
inserting ``Education and Labor''; and
(ii) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions'';
(2) in subsection (b)--
(A) by striking ``Education and the Workforce'' and
inserting ``Education and Labor'';
(B) by striking ``Labor and Human Resources'' and inserting
``Health, Education, Labor, and Pensions''; and
(C) by striking ``Native Alaskan'' and inserting ``Alaska
Native''; and
(3) by adding at the end the following:
``(c) Fiscal Protocol.--
``(1) In general.--The Secretary shall conduct an annual review
to assess whether the design and implementation of the triennial
reviews described in section 641A(c) include compliance procedures
that provide reasonable assurances that Head Start agencies are
complying with applicable fiscal laws and regulations.
``(2) Report.--Not later than 30 days after the date the
Secretary completes the annual review under paragraph (1), the
Secretary shall report the findings and conclusions of the annual
review to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
``(d) Disability-Related Services.--
``(1) In general.--The Secretary shall track the provision of
disability-related services for children, in order to--
``(A) determine whether Head Start agencies are making
timely referrals to the State or local agency responsible for
providing services under section 619 or part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.);
``(B) identify barriers to timely evaluations and
eligibility determinations by the State or local agency
responsible for providing services under section 619 or part C
of the Individuals with Disabilities Education Act; and
``(C) determine under what circumstances and for what
length of time Head Start agencies are providing disability-
related services for children who have not been determined
under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) to be children with disabilities.
``(2) Report.--Not later than 1 year after the date of
enactment of the Improving Head Start for School Readiness Act of
2007, the Secretary shall provide a report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate
on the activities described in paragraph (1).
``(e) Evaluation and Recommendations Regarding Obesity
Prevention.--Not later than 1 year after the date of enactment of the
Improving Head Start for School Readiness Act of 2007 the Secretary
shall submit to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the Secretary's progress in
assisting program efforts to prevent and reduce obesity in children who
participate in Head Start programs, including progress on implementing
initiatives within the Head Start program to prevent and reduce obesity
in such children.''.
SEC. 22. COMPARABILITY OF WAGES.
Section 653 of the Head Start Act (42 U.S.C. 9848) is amended--
(1) by striking ``The Secretary shall take'' and inserting
``(a) Comparability of Wages.--The Secretary shall take''; and
(2) by adding at the end the following:
``(b) Limitation.--
``(1) In general.--Notwithstanding any other provision of law,
no Federal funds may be used to pay any part of the compensation of
an individual employed by a Head Start agency, if such
compensation, including non-Federal funds, exceeds an amount equal
to the rate payable for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Compensation.--In this subsection, the term
`compensation'--
``(A) includes salary, bonuses, periodic payments,
severance pay, the value of any vacation time, the value of a
compensatory or paid leave benefit not excluded by subparagraph
(B), and the fair market value of any employee perquisite or
benefit not excluded by subparagraph (B); and
``(B) excludes any Head Start agency expenditure for a
health, medical, life insurance, disability, retirement, or any
other employee welfare or pension benefit.''.
SEC. 23. LIMITATION WITH RESPECT TO CERTAIN UNLAWFUL ACTIVITIES.
Section 655 of the Head Start Act (42 U.S.C. 9850) is amended by
inserting ``or in'' after ``assigned by''.
SEC. 24. POLITICAL ACTIVITIES.
Section 656 of the Head Start Act (42 U.S.C. 9851) is amended--
(1) by striking all that precedes ``chapter 15'' and inserting
the following:
``SEC. 656. POLITICAL ACTIVITIES.
``(a) State or Local Agency.--For purposes of''; and
(2) by striking subsection (b) and inserting the following:
``(b) Restrictions.--
``(1) In general.--A program assisted under this subchapter,
and any individual employed by, or assigned to or in, a program
assisted under this subchapter (during the hours in which such
individual is working on behalf of such program), shall not engage
in--
``(A) any partisan or nonpartisan political activity or any
other political activity associated with a candidate, or
contending faction or group, in an election for public or party
office; or
``(B) any activity to provide voters or prospective voters
with transportation to the polls or similar assistance in
connection with any such election.
``(2) Registration.--No funds appropriated under this
subchapter may be used to conduct voter registration activities.
Nothing in this subchapter prohibits the availability of Head Start
facilities during hours of operation for the use of any nonpartisan
organization to increase the number of eligible citizens who
register to vote in elections for Federal office.
``(3) Rules and regulations.--The Secretary, after consultation
with the Director of the Office of Personnel Management, may issue
rules and regulations to provide for the enforcement of this
section, which may include provisions for summary suspension of
assistance or other action necessary to permit enforcement on an
emergency basis.''.
SEC. 25. PARENTAL CONSENT REQUIREMENT FOR HEALTH SERVICES.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by adding at
the end the following:
``SEC. 657A. PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY INTRUSIVE
PHYSICAL EXAMINATIONS.
``(a) Definition.--The term `nonemergency intrusive physical
examination' means, with respect to a child, a physical examination
that--
``(1) is not immediately necessary to protect the health or
safety of the child involved or the health or safety of another
individual; and
``(2) requires incision or is otherwise invasive, or involves
exposure of private body parts.
``(b) Requirement.--A Head Start agency shall obtain written
parental consent before administration of any nonemergency intrusive
physical examination of a child in connection with participation in a
program under this subchapter.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit agencies from using established methods, for
handling cases of suspected or known child abuse and neglect, that are
in compliance with applicable Federal, State, or tribal law.''.
SEC. 26. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
The Head Start Act (42 U.S.C. 9831 et seq.), as amended by section
25, is further amended by adding at the end the following:
``SEC. 657B. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
``(a) Definition.--In this section, the term `center of excellence'
means a Center of Excellence in Early Childhood designated under
subsection (b).
``(b) Designation and Bonus Grants.--The Secretary shall, subject
to the availability of funds under this section, establish a program
under which the Secretary shall--
``(1) designate not more than 200 exemplary Head Start agencies
(including Early Head Start agencies, Indian Head Start agencies,
and migrant and seasonal Head Start agencies) as Centers of
Excellence in Early Childhood; and
``(2) make bonus grants to the centers of excellence to carry
out the activities described in subsection (d).
``(c) Application and Designation.--
``(1) Application.--
``(A) Nomination and submission.--
``(i) In general.--To be eligible to receive a
designation as a center of excellence under subsection (b),
except as provided in clause (ii), a Head Start agency in a
State shall be nominated by the Governor of the State,
after selection for nomination by such Governor through a
competitive process, and shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(ii) Indian and migrant and seasonal head start
programs.--In the case of an Indian Head Start agency or a
migrant or seasonal Head Start agency, to be eligible to
receive a designation as a center of excellence under
subsection (b), such an agency shall be nominated by the
head of the appropriate regional office of the Department
of Health and Human Services and shall submit an
application to the Secretary in accordance with clause (i).
``(B) Contents.--At a minimum, the application shall
include--
``(i) evidence that the Head Start program carried out
by the agency involved has significantly improved the
school readiness of children who have participated in the
program;
``(ii) evidence that the program meets or exceeds
standards described in section 641A(a)(1), as evidenced by
the results of monitoring reviews described in section
641A(c), and has no findings of deficiencies in the
preceding 3 years;
``(iii) evidence that the program is making progress
toward meeting the requirements described in section 648A;
``(iv) an assurance that the Head Start agency will
develop a collaborative partnership with the State (or a
State agency) and other providers of early childhood
education and development programs and services in the
local community involved to conduct activities under
subsection (d);
``(v) a nomination letter from the Governor, or
appropriate regional office, demonstrating the agency's
ability to provide the coordination, transition, and
training services of the program to be carried out under
the bonus grant involved, including coordination of
activities with State and local agencies that provide early
childhood education and development to children and
families in the community served by the agency, and carry
out the activities described under subsection (d)(1); and
``(vi) a description of how the center involved, in
order to expand accessibility and continuity of quality
early childhood education and development services and
programs, will coordinate activities, as appropriate,
assisted under this section with--
``(I) programs carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.);
``(II) the Early Head Start programs carried out
under section 645A;
``(III) Early Reading First and Even Start programs
carried out under subparts 2 and 3 of part B of title I
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6371 et seq., 6381 et seq.);
``(IV) other preschool programs carried out under
title I of that Act (20 U.S.C. 6301 et seq.);
``(V) programs carried out under section 619 and
part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.);
``(VI) State prekindergarten programs; and
``(VII) other programs of early childhood education
and development.
``(2) Selection.--In selecting agencies to designate as centers
of excellence under subsection (b), the Secretary shall designate
not less than 1 from each of the 50 States, the District of
Columbia, an Indian Head Start program, a migrant or seasonal Head
Start program, and the Commonwealth of Puerto Rico.
``(3) Priority.--In making bonus grant determinations under
this section, the Secretary shall give priority to agencies that,
through their applications, demonstrate that their programs are of
exceptional quality and would serve as exemplary models for
programs in the same geographic region. The Secretary may also
consider the populations served by the applicants, such as agencies
that serve large proportions of families of limited English
proficient children or other underserved populations, and may make
bonus grants to agencies that do an exceptional job meeting the
needs of children in such populations.
``(4) Term of designation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall designate a Head Start agency as a center of
excellence for a 5-year term. During the period of that
designation, subject to the availability of appropriations, the
agency shall be eligible to receive a bonus grant under
subsection (b).
``(B) Revocation.--The Secretary may revoke an agency's
designation under subsection (b) if the Secretary determines
that the agency is not demonstrating adequate performance or
has had findings of deficiencies described in paragraph
(1)(B)(ii).
``(5) Amount of bonus grant.--The Secretary shall base the
amount of funding provided through a bonus grant made under
subsection (b) to a center of excellence on the number of children
eligible for Head Start services in the community involved. The
Secretary shall, subject to the availability of funding, make such
a bonus grant in an amount of not less than $200,000 per year.
``(d) Use of Funds.--A center of excellence that receives a bonus
grant under subsection (b)--
``(1) shall use not less than 15 percent of the funds made
available through the bonus grant to disseminate to other Head
Start agencies in the State involved, best practices for achieving
early academic success, including--
``(A) best practices for achieving school readiness,
including developing early literacy and mathematics skills, for
children at risk for school difficulties;
``(B) best practices for achieving the acquisition of the
English language for limited English proficient children, if
appropriate to the population served; and
``(C) best practices for providing high-quality
comprehensive services for eligible children and their
families;
``(2) may use the funds made available through the bonus
grant--
``(A) to provide Head Start services to additional eligible
children;
``(B) to better meet the needs of working families in the
community served by the center by serving more children in
existing Early Head Start programs (existing as of the date the
center is designated under this section) or in full-working-
day, full calendar year Head Start programs;
``(C) to further coordinate early childhood education and
development programs and services and social services available
in the community served by the center for at-risk children
(birth through age 8), their families, and pregnant women;
``(D) to provide professional development for Head Start
teachers and staff, including joint training for Head Start
teachers and staff, child care providers, public and private
preschool and elementary school teachers, and other providers
of early childhood education and development programs;
``(E) to provide effective transitions between Head Start
programs and elementary schools and to facilitate ongoing
communication between Head Start and elementary school teachers
concerning children receiving Head Start services to improve
the teachers' ability to work effectively with low-income, at-
risk children and their families;
``(F) to develop or maintain partnerships with institutions
of higher education and nonprofit organizations, including
community-based organizations, that recruit, train, place, and
support college students to serve as mentors and reading
partners to preschool children in Head Start programs; and
``(G) to carry out other activities determined by the
center to improve the overall quality of the Head Start program
carried out by the agency and the program carried out under the
bonus grant involved.
``(e) Research and Reports.--
``(1) Research.--The Secretary shall, subject to the
availability of funds to carry out this subsection, award a grant
or contract to an independent organization to conduct research on
the ability of the centers of excellence to use the funds received
under this section to improve the school readiness of children
receiving Head Start services, and to positively impact school
results in the earliest grades. The organization shall also conduct
research to measure the success of the centers of excellence at
encouraging the center's delegate agencies, additional Head Start
agencies, and other providers of early childhood education and
development programs in the communities involved to meet measurable
improvement goals, particularly in the area of school readiness.
``(2) Research report.--Not later than 48 months after the date
of enactment of the Improving Head Start for School Readiness Act
of 2007, the organization shall prepare and submit to the Secretary
and Congress a report containing the results of the research
described in paragraph (1).
``(3) Reports to the secretary.--Each center of excellence
shall submit an annual report to the Secretary, at such time and in
such manner as the Secretary may require, that contains a
description of the activities the center carried out with funds
received under this section, including a description of how such
funds improved services for children and families.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2008 through 2012 to make bonus grants to centers of excellence under
subsection (b) to carry out activities described in subsection (d) and
research and report activities described in subsection (e).''.
SEC. 27. GENERAL PROVISIONS.
The Head Start Act (42 U.S.C. 9831 et seq.), as amended by section
26, is further amended by adding at the end the following:
``SEC. 657C. GENERAL PROVISIONS.
``(a) Limitation.--Nothing in this subchapter shall be construed to
authorize or permit the Secretary or any employee or contractor of the
Department of Health and Human Services to mandate, direct, or control,
the selection of a curriculum, a program of instruction, or
instructional materials, for a Head Start program.
``(b) Special Rule.--Nothing in this subchapter shall be construed
to authorize a Head Start program or a local educational agency to
require the other to select or implement a specific curriculum or
program of instruction.
``(c) Definition.--In this subchapter, the term `health', when used
to refer to services or care provided to enrolled children, their
parents, or their siblings, shall be interpreted to refer to both
physical and mental health.''.
SEC. 28. COMPLIANCE WITH IMPROPER PAYMENTS INFORMATION ACT OF 2002.
(a) Definitions.--In this section, the term--
(1) ``appropriate committees'' means--
(A) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(B) the Committee on Education and Labor of the House of
Representatives; and
(2) ``improper payment'' has the meaning given that term under
section 2(d)(2) of the Improper Payments Information Act of 2002
(31 U.S.C. 3321 note).
(b) Requirement for Compliance Certification and Report.--The
Secretary of Health and Human Services shall submit a report to the
appropriate committees that--
(1) contains a certification that the Department of Health and
Human Services has, for each program and activity of the
Administration for Children and Families, performed and completed a
risk assessment to determine programs and activities that are at
significant risk of making improper payments; and
(2) describes the actions to be taken to reduce improper
payments for the programs and activities determined to be at
significant risk of making improper payments.
SEC. 29. REFERENCES IN OTHER ACTS.
(a) Elementary and Secondary Education Act of 1965.--Section
1112(c) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6312(c)) is amended--
(1) in paragraph (1)(G), by striking ``performance standards
established under section 641A(a) of the Head Start Act'' and
inserting ``education performance standards in effect under section
641A(a)(1)(B) of the Head Start Act''; and
(2) in paragraph (2)(B), by striking ``Head Start performance
standards as in effect under section 641A(a) of the Head Start
Act'' and inserting ``education performance standards in effect
under section 641A(a)(1)(B) of the Head Start Act''.
(b) Early Learning Opportunities Act.--Section 810(b)(1) of the
Early Learning Opportunities Act (20 U.S.C. 9409(b)(1)) is amended by
striking ``entities funded under section 640(a)(5) of the Head Start
Act (42 U.S.C. 9835(a)(5))'' and inserting ``entities funded under
section 640(a)(2)(B)(vi) of the Head Start Act (42 U.S.C.
9835(a)(2)(B)(vi))''.
(c) Richard B. Russell National School Lunch Act.--
(1) Section 9(b)(12)(A)(iii) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(12)(A)(iii)) is amended by
striking ``the child is a member of a family that meets the low-
income criteria prescribed under section 645(a)(1)(A) of the Head
Start Act (42 U.S.C. 9840(a)(1)(A))'' and inserting ``the child
meets the eligibility criteria prescribed under section
645(a)(1)(B) of the Head Start Act (42 U.S.C. 9840(a)(1)(B))''.
(2) Section 17(c)(5) of such Act (42 U.S.C. 1766(c)(5)) is
amended by striking ``the child is a member of a family that meets
the low-income criteria prescribed under section 645(a)(1)(A) of
the Head Start Act (42 U.S.C. 9840(a)(1)(A))'' and inserting ``the
child meets the eligibility criteria prescribed under section
645(a)(1)(B) of the Head Start Act (42 U.S.C. 9840(a)(1)(B))''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.