[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 519
To amend the Elementary and Secondary Education Act of 1965 to improve
early education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2013
Ms. Hirono (for herself, Mr. Begich, Mr. Cardin, Mr. Durbin, Mr.
Franken, Mrs. Gillibrand, Mr. Johnson of South Dakota, Mr. Lautenberg,
Mrs. Murray, Mr. Schatz, Mr. Schumer, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to improve
early education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Resources Early for Kids
Act of 2013'' or the ``PRE-K Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Children's experiences in the first 5 years of life
influence the developing brain and have a significant and
lasting impact.
(2) All children deserve access to high-quality early
learning experiences that can support children's cognitive,
social, and emotional development and help prepare children to
succeed in school and in life.
(3) Research shows that high-quality early education
programs can improve early reading and early mathematics
skills, decrease grade retention, decrease the need for special
education services, and increase the likelihood that children
will graduate from secondary school and become productive
members of society.
(4) The economic benefits of early education experiences
are clear, and providing parents with greater access to high-
quality early learning programs will benefit children,
families, and our Nation.
(5) High-quality early education programs have well-trained
and well-compensated teachers, small class sizes, a full-day
program, comprehensive services, family participation, and a
research-based curriculum that aligns with strong early
learning standards. The quality of State early education
programs varies significantly across the United States.
(6) While nearly three-quarters of children ages 3 through
5 who are not in kindergarten spend time in non-parental care
each week, research suggests that most are not in high-quality
settings that meet the full range of their developmental needs.
(7) A Federal partnership with States--
(A) will help increase access to voluntary, high-
quality preschool programs;
(B) is a necessary step to improving the Nation's
elementary and secondary schools and helping States
close the achievement gap and improve graduation rates;
and
(C) should be a national priority.
SEC. 3. EARLY EDUCATION GRANTS.
(a) Program Established.--From amounts made available to carry out
this Act, the Secretary, in consultation with the Secretary of Health
and Human Services, shall make grants each fiscal year to States to
enhance or improve State-funded preschool programs.
(b) Allotment.--
(1) Determination.--From funds appropriated under section
13, and not reserved under subsection (c), the Secretary shall
make a base allotment to each State that has submitted an
approved application and is either--
(A) a qualified State (as defined in section 4(a));
or
(B) a selected State (as designated under section
4(b)).
(2) Amount.--The amount of the base allotment described
under paragraph (1) for each State shall be based on the number
of children who are under age 5 from a family with income below
the poverty line for each State, compared to the number of such
children from all States, except that no State shall have a
base allotment that is less than 0.25 percent of the amounts
appropriated under this Act.
(3) Basis for the base allotment.--The Secretary shall
determine the amount of the base allotment under paragraph (2)
as if every State was to receive a base allotment.
(4) Remainder.--In any fiscal year for which not every
State is to receive a base allotment, the Secretary shall
reallot any funds remaining after the determination of a base
allotment under paragraph (2) to each State that has submitted
an approved application and is a qualified State. Such
remaining funds shall be realloted among such qualified States
and shall be determined by comparing the number of children who
are under age 5 from a family with income below the poverty
line for each such qualified State to such number for all such
qualified States.
(c) Reservation.--From the amount appropriated each fiscal year to
carry out this Act, the Secretary shall reserve 1 percent for the
purpose of making grants to Indian tribes and tribal organizations, as
described in section 10.
SEC. 4. STATE ELIGIBILITY.
(a) Qualified States.--For purposes of this Act, the term
``qualified State'' means a State that meets each of the following
criteria:
(1) The State carries out a voluntary State-funded
preschool program that includes, at a minimum, the following:
(A) Use of research-based curricula that are
aligned with State early learning standards that are
developmentally appropriate and include, at a minimum,
each of the following domains:
(i) Language development.
(ii) Literacy.
(iii) Mathematics.
(iv) Science.
(v) Creative arts.
(vi) Social and emotional development.
(vii) Approaches to learning.
(viii) Physical and health development.
(B) Use of nationally established, or better, best
practices for group size and teacher-to-student ratios,
appropriate to the age group being served.
(C) A requirement that each teacher holds an
associate degree, or higher, in early childhood
education or a related field.
(D) A requirement to operate for at least the
length of an academic year.
(2) The State shall have developed a plan, including a
timetable, for moving toward a requirement for State-funded
preschool programs that each teacher holds a baccalaureate
degree in early childhood education, or in a related field if
specialized training in early childhood education has also been
completed, not more than 5 years after the State first receives
a grant as a qualified State under this Act.
(3) The State, at a minimum, shall ensure that the average
per-child expenditure by the State and the State's political
subdivisions to support State-funded preschool programs for the
fiscal year for which the grant is made is equal to, or greater
than, the average of such per-child expenditure for the
previous 2 fiscal years.
(4) The State, at a minimum, shall ensure that the total
expenditure by the State to support State-funded preschool
programs for the fiscal year for which the grant is made is
equal to, or greater than, such expenditure for the preceding
fiscal year.
(5) The State, at a minimum, shall ensure that the total
expenditure by the State to support State-funded child care
services and activities for the fiscal year for which the grant
is made is equal to, or greater than, such expenditure for the
preceding fiscal year.
(b) Selected States.--
(1) In general.--Each fiscal year, the Secretary shall
carry out, on a competitive basis, a process for the
designation of States as selected States for purposes of this
Act. The Secretary shall determine whether to designate any
States as selected States and, if so, shall determine the
States that are to be designated as selected States.
(2) Basis for determinations.--The determinations required
by paragraph (1) shall be based on--
(A) a State meeting the requirements of paragraphs
(3) through (5) of subsection (a);
(B) the quality of the applications submitted; and
(C) the extent to which a State demonstrates that
the State, if designated, will become a qualified State
within 2 fiscal years.
(3) Period of designation.--A designation as a selected
State under this subsection shall apply to a State for 2 fiscal
years. If a State is both a qualified State and a selected
State for a fiscal year, the State shall be treated for
purposes of this Act as a qualified State rather than a
selected State.
SEC. 5. APPLICATIONS.
(a) In General.--A State desiring to receive funds under this Act
shall submit an application to the Secretary at such time and in such
manner as the Secretary may reasonably require. In developing such
application, the State shall consult with the State Advisory Council on
Early Childhood Education and Care (described in section 642B(b) of the
Head Start Act (42 U.S.C. 9837b(b))) or a similar State entity, and
providers of early childhood programs operating in the State.
(b) Required Contents.--The application referred to in subsection
(a) shall include, at a minimum, the following:
(1) If the State desires to be treated as a qualified
State, information sufficient for the Secretary to determine
whether the State is a qualified State.
(2) If the State desires to be designated as a selected
State--
(A) assurances that the State, if designated as a
selected State, will become a qualified State within 2
fiscal years;
(B) information sufficient for the Secretary to
determine whether the State meets the requirements of
paragraphs (3) through (5) of section 4(a); and
(C) information relating to any competitive
criteria that the Secretary may establish.
(3) A description of how the funds received under this Act
will be used to enhance or improve preschool programs in the
State.
(4) A description of how the State is working to build the
State's capacity to serve more children in high-quality early
education programs, including the building of new facilities,
as appropriate.
(5) A description of how the State will ensure that any
funds made available to State-funded preschool program
providers are made available to a range of types of such
preschool providers, including local educational agencies and
community-based providers such as child care and Head Start, as
appropriate.
(6) Assurances that amounts received by the State under
this Act will be used only to supplement, and not to supplant,
Federal, State, and local funds otherwise available to support
existing early childhood services and activities.
(7) A description of how the State will evaluate the
effectiveness of the use of funds received under this Act.
(8) A description of how the State will use the funds to
better meet the needs of low-income working parents.
(9) A description of how the use of funds will help meet
the developmental needs of children in the State.
(10) A description of how the State will ensure that State-
funded preschool programs are available to, and appropriate
for, children with disabilities.
(11) A description of how the State-funded preschool
programs will be culturally and linguistically appropriate and
how the State plans to meet the early education needs of
children with limited English proficiency.
(12) A description of how the State is working to develop
and use research-based curricula that are aligned with State
early learning standards and are linguistically and culturally
appropriate for children with limited English proficiency.
(13) A description of how the State agency designated under
subsection (c) will coordinate with other State agencies
delivering early childhood development programs or services.
(14) A description of how the State will ensure that State-
funded preschool programs will coordinate with local
educational agencies in the area to ensure a smooth and
successful transition to kindergarten.
(15) A description of how the State monitoring process will
effectively assess and ensure the quality of State-funded
preschool programs.
(16) A description of how the State will coordinate this
grant with the efforts of the State Advisory Council on Early
Childhood Education and Care (described in section 642B(b) of
the Head Start Act (42 U.S.C. 9837b(b))) or another State
entity that is coordinating a system of early childhood
development and education for children from birth to
kindergarten entry.
(17) A description of how the State-funded preschool
programs that are not universal prioritize children from low-
income families.
(18) A description of how the State is working to eliminate
barriers and improve access to State-funded preschool programs
for children who live in rural areas.
(19) A description of how the State is working to address
the transportation needs of families for whom lack of
transportation is a significant barrier to accessing State-
funded preschool.
(c) State Agency.--The application shall designate a State agency
to administer and oversee grant funds and the activities carried out
under this Act.
SEC. 6. USE OF FUNDS.
(a) Priority.--In using funds provided under this Act, a State
shall give priority to improving the quality of State-funded preschool
in communities with high concentrations of low-income children.
(b) Specific Uses.--Subject to subsections (c) and (d), a State
that receives funds under this Act shall use such funds to carry out 1
or more of the following activities:
(1) To increase the number of teachers and program
directors in State-funded preschool programs who hold a
baccalaureate degree in early childhood education, or in a
related field if specialized training in early childhood
education has also been completed.
(2) To increase the number of teacher aides in State-funded
preschool programs who hold an associate degree in early
childhood education, or in a related field if specialized
training in early childhood education has also been completed.
(3) To increase the number of program directors, teachers,
and teacher aides who have specialized training in working with
children and families with limited English proficiency.
(4) To increase the number of program directors, teachers,
and teacher aides who have specialized training in working with
children with disabilities.
(5) To increase the compensation or benefits provided to
teachers, program directors, and teacher aides in State-funded
preschool programs in order to improve the ability of those
programs to recruit and retain such teachers, program
directors, and teacher aides.
(6) To decrease group size in classrooms in State-funded
preschool programs.
(7) To improve the teacher-to-student ratios in classrooms
in State-funded preschool programs.
(8) To provide, in State-funded preschool programs, 1 or
more of the following comprehensive services that support
healthy child development and positive child outcomes and
school readiness:
(A) Vision and hearing screenings and referrals.
(B) Health and mental health screenings and
referrals.
(C) Parent involvement opportunities.
(D) Nutrition services.
(9) To extend the number of--
(A) hours per day of program operation of State-
funded preschool programs;
(B) days per week of program operation of State-
funded preschool programs; or
(C) weeks per year of program operation of State-
funded preschool programs.
(10) To improve the State's system for monitoring the
quality of State-funded preschool programs.
(11) To provide opportunities for intensive and on-going
research- and evidence-based professional development in the
domains described in section 4(a)(1)(A) for staff of State-
funded preschool programs.
(12) To provide induction and support for preschool program
directors, teachers, and staff during the first 3 years of
employment in a new position, and to provide on-going mentoring
to such individuals by persons with education and expertise in
supporting teachers in effective teaching practices with young
children and in supporting program directors in early childhood
education and program management.
(13) To renovate existing facilities, except that such
renovation must be limited to minor rehabilitation or
remodeling needed to ensure that State-funded preschool program
facilities are age and developmentally appropriate.
(14) To provide preschool classroom supplies or equipment.
(c) Set-Aside.--A State that receives funds under this Act shall
use 10 percent of such funds to improve the quality of early learning
environments for children from birth to age 3 through research- and
evidence-based methods.
(d) Special Rule.--
(1) In general.--Notwithstanding subsection (b), a
qualified State that receives funds under this Act may use not
more than 50 percent of the funds remaining after the set-aside
described under subsection (c) for the purpose of expanding a
State-funded preschool program, with priority for such
expansion to communities with high concentrations of low-income
children, that meets or exceeds the criteria in section 4(a)
if--
(A) the amount appropriated under section 13 is not
less than $250,000,000; or
(B) the State-funded preschool program meets or
exceeds the following criteria:
(i) The standards described in
subparagraphs (A) and (B) of section 4(a)(1).
(ii) Each teacher holds a baccalaureate
degree in early childhood education (or a
related field if specialized training in early
childhood education has also been completed).
(iii) Each provider provides full-day
services at all locations.
(iv) Each provider provides comprehensive
services to at-risk children participating in
the State-funded preschool program.
(v) Each teacher participates in on-going
professional development in child development
and learning.
(vi) Each provider provides linguistically
and culturally appropriate standards for
serving children with limited English
proficiency participating in the State-funded
preschool program.
(2) State definition and applicability.--For the purpose of
establishing a priority for expansion under paragraph (1), the
State shall define what constitutes a high concentration of
low-income children. In any State described in paragraph (1) in
which all communities with high concentrations of low-income
children are served by a State-funded preschool program, the
priority for expansion described in such paragraph shall not
apply.
(e) Rule of Construction.--Funds provided under this Act shall be
used only to improve or enhance a State-funded preschool program.
Nothing in this Act shall be construed such that a State may use these
funds only for existing State-funded preschool program providers.
SEC. 7. MATCHING REQUIREMENTS.
The Secretary shall not make a grant to a State under this Act
unless the State agrees to the following:
(1) Qualified state.--In the case of a qualified State, the
State will make available non-Federal contributions in an
amount equal to not less than 30 percent of that portion of the
Federal funds provided under the grant that represent the base
allotment under section 3(b)(2).
(2) Selected state.--In the case of a selected State, the
State will make available non-Federal contributions in an
amount equal to not less than 50 percent of that portion of the
Federal funds provided under the grant that represent the base
allotment under section 3(b)(2).
SEC. 8. REPORTING REQUIREMENTS.
(a) Report to Congress.--For each year in which funding is provided
under this Act, the Secretary shall submit an annual report to Congress
on the activities carried out under this Act, including, at a minimum,
information on the following:
(1) The activities undertaken by qualified States and
selected States that improved or enhanced State-funded
preschool programs.
(2) The progress of selected States in moving toward
fulfilling criteria to become a qualified State.
(3) The extent to which the State used funds to expand a
State-funded preschool program, as allowed under section 6(d).
(4) The costs and barriers to expansion, including building
and renovating preschool facilities so that such facilities are
high-quality and age and developmentally appropriate.
(b) Report to Secretary.--Each State that receives a grant under
this Act shall submit to the Secretary an annual report on the
following:
(1) The activities carried out by the State under this Act,
including--
(A) how funds provided under this Act were used to
enhance and improve the quality of State-funded
preschool programs, including enhancing and improving
the quality of State-funded preschool programs serving
children who live in a rural area; and
(B) such other information as the Secretary may
reasonably require.
(2) The activities carried out by the State-funded
preschool program, including--
(A) the number and ages of children served by the
State-funded preschool program; and
(B) the number and ages of children in such program
with a disability, with limited English proficiency,
from low-income families, and from rural areas.
SEC. 9. SPECIAL RULE.
Funds under this Act may not be used for the purposes of
assessments that provide rewards or sanctions for individual children
or teachers.
SEC. 10. APPLICATIONS FOR INDIAN TRIBES.
The Secretary shall award competitive grants to Indian tribes and
tribal organizations to carry out a program under this Act. An Indian
tribe or tribal organization desiring to receive funds under this Act
shall submit an application to the Secretary at such time and in such
manner as the Secretary may reasonably require. For purposes of
submitting such application and for expending funds received under this
Act, Indian tribes and tribal organizations shall comply with sections
4 through 9.
SEC. 11. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Rural area.--The term ``rural area'' means a geographic
area served by a rural local educational agency.
(4) Rural local education agency.--The term ``rural local
educational agency'' means a local educational agency having
administrative control or direction of schools which meet a
metro-centric locale code of 41, 42, or 43 as determined by the
National Center for Education Statistics, in conjunction with
the Bureau of the Census, using the system of the National
Center for Education Statistics for classifying local
educational agencies.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State.--The term ``State'' has the meaning given such
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(7) State-funded preschool program.--The term ``State-
funded preschool program'' means a program that--
(A) serves children who are ages 3 through 5;
(B) has a primary focus of supporting early
childhood education, including supporting children's
cognitive, social, emotional, and physical development
and approaches to learning;
(C) helps prepare children for a successful
transition to kindergarten; and
(D) is funded either in whole or in part by a State
through a State agency with authority to promulgate
regulations and monitor participating programs.
(8) Limited english proficiency.--The term ``limited
English proficiency'', when 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 the
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.
SEC. 12. CONSTRUCTION.
Nothing in this Act shall be construed to require a child to attend
a preschool program.
SEC. 13. AUTHORIZATION.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for each of the fiscal years 2014 through
2018.
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