I

106TH CONGRESS

2D SESSION H. R. 5071

To establish comprehensive early childhood education programs, early childhood education staff development programs, model Federal Government

early childhood education programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mrs. MINK of Hawaii introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To establish comprehensive early childhood education programs, early childhood education staff development programs, model Federal Government early childhood education programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Comprehensive Early Childhood Education Act of 2000’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short Title; Table of contents.

Sec. 2. Findings.

Sec. 3. Purpose.
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Sec. 4. Authorization of appropriations.

Sec. 5. Allocation of funds.

TITLE I—COMPREHENSIVE EARLY CHILDHOOD EDUCATION

PROGRAMS

Sec. 101. Program authorized.

Sec. 102. Prime sponsors of early childhood education programs.

Sec. 103. Early childhood education councils.

Sec. 104. Comprehensive early childhood education plans.

Sec. 105. Project applications.

Sec. 106. Special grants to States.

Sec. 107. Additional conditions for programs including construction.

Sec. 108. Use of public facilities for early childhood education programs.

Sec. 109. Payments.

TITLE II—TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND

EVALUATION

Sec. 201. Preservice and inservice training.

Sec. 202. Technical assistance and planning.

Sec. 203. Evaluation.

Sec. 204. Federal standards for early childhood education.

Sec. 205. Development of uniform minimum code for facilities.

TITLE III—MODEL FEDERAL GOVERNMENT CHILD

DEVELOPMENT PROGRAMS

Sec. 301. Program authorized.

Sec. 302. Payments.

TITLE IV—RESEARCH AND DEMONSTRATIONS

Sec. 401. Declaration of purposes.

Sec. 402. Research and demonstration projects.

Sec. 403. Coordination of research.

TITLE V—GENERAL PROVISIONS

Sec. 501. Definitions.

Sec. 502. Nutrition.

Sec. 503. Special provisions.

Sec. 504. Withholding grants.

Sec. 505. Public information.

1 SEC. 2. FINDINGS.

2 The Congress makes the following findings—

3 (1) comprehensive early childhood education

4 programs, including a full range of health and social

5 services, are essential to the achievement of the full

6 potential of the Nation’s children and should be
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1 available as a matter of right to all children whose

2 parents or legal guardians shall request them re3 gardless of economic, social, and family back4 grounds;

5 (2) children with special needs must receive full

6 consideration in planning any early childhood edu7 cation programs and, pending the availability of

8 such programs for all children, priority must be

9 given to preschool children with the greatest eco10 nomic and social need;

11 (3) no mother should be forced to work outside

12 the home as a condition for availing here children of

13 early childhood education programs;

14 (4) comprehensive early childhood education

15 programs not only provide a means of delivering a

16 full range of essential services to children, but can

17 also furnish meaningful employment opportunities

18 for many individuals, including older persons, par19 ents, young persons, and volunteers;

20 (5) it is essential that the planning and oper21 ation of such programs be undertaken as a partner22 ship of parents, community, and State and local gov23 ernment with appropriate assistance from the Fed24 eral Government.
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1 SEC. 3. PURPOSE.

2 It is the purpose of this Act to provide every child

3 with a fair and full opportunity to reach his or her full

4 potential by establishing and expanding comprehensive

5 early childhood education through programs that—

6 (1) recognize and build upon the experience and

7 success gained through the Head Start program and

8 similar efforts;

9 (2) furnish early childhood education services

10 for those children who need them most, with special

11 emphasis on preschool programs for economically

12 disadvantaged children, and for children of working

13 mothers and single parent families; and

14 (3) provide that decisions on the nature of

15 funding of such programs be made at the commu16 nity level with the direct participation of parents of

17 the children and other individuals and organizations

18 in the community interested in early childhood edu19 cation;

20 (4) provide that the development, conduct, and

21 overall direction of programs be determined at the

22 community level; and

23 (5) promote the universal availability of early

24 childhood education services.
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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—For the purpose of carrying out

3 this Act, there is authorized to be appropriated

4 $4,000,000,000 for the fiscal year beginning October 1,

5 2000, and such sums as may be necessary in each of the

6 succeeding fiscal years through 2005. Any amounts appro7 priated for such fiscal year which are not obligated at the

8 end of such fiscal year may be obligated in the succeeding

9 fiscal year.

10 (b) OTHER ACTIVITIES.—For the purpose of pro11 viding training, technical assistance, planning, and such

12 other activities as the Secretary deems necessary and ap13 propriate to prepare for the implementation of this Act,

14 there is authorized to be appropriated $100,000,000 for

15 the fiscal year beginning October 1, 2000.

16 SEC. 5. ALLOCATION OF FUNDS.

17 (a) The amounts appropriated for carrying out this

18 Act for any fiscal year beginning on or after October 1,

19 2000, shall be made available in the following manner:

20 (1) $1,000,000,000 shall be used for the pur21 pose of providing assistance under titles I, II, and

22 IV for early childhood education programs focused

23 upon young children from low-income families.

24 (2) Not to exceed 10 percent of the remaining

25 amounts so appropriated shall be used for the pur-
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1 pose of carrying out titles II, III, and IV, as the

2 Secretary deems appropriate; and

3 (3) The remainder of such amounts shall be

4 used for the purpose of carrying out title I.

5 (b) RESERVATIONS.—

6 (1) IN GENERAL.—From the amount available

7 for carrying out comprehensive early childhood edu8 cation programs under title I of this Act, the Sec9 retary shall reserve the following:

10 (A) Not less than that proportion of the

11 total amount available for carrying out title I as

12 is equivalent to that proportion which the total

13 number of children of migrant agricultural

14 workers bears to the total number of economi15 cally disadvantaged children in the United

16 States, which shall be apportioned among pro17 grams serving children of migrant agricultural

18 workers on an equitable basis, and to the extent

19 practicable in proportion to the relative num20 bers of children served in each such program.

21 (B) Not less than that proportion of the

22 total amount available for carrying out title I as

23 is equivalent to that proportion which the total

24 number of children on Federal and State Indian

25 reservations bears to the total number of eco-
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1 nomically disadvantaged children in the United

2 States, which shall be apportioned among pro3 grams serving children on Federal and State

4 Indian reservation on an equitable basis, and to

5 the extent practicable in proportion to the rel6 ative number of children residing on each such

7 reservation.

8 (C) Not less than that proportion of the

9 total amount available for carrying out title I as

10 is equivalent to that proportion which the total

11 number of Native Hawaiian children bears to

12 the total number of economically disadvantaged

13 children in the United States, which shall be

14 apportioned among programs serving Native

15 Hawaiian children on an equitable basis, and to

16 the extent practicable in proportion to the rel17 ative numbers of children served in each such

18 program.

19 (D) Not less than 10 percent of the total

20 amount available for carrying out title I, which

21 shall be made available for the purposes of sec22 tion 101(b)(2)(I) (relating to special activities

23 for children with disabilities).

24 (E) Not to exceed 5 percent of the total

25 amount available for carrying out title I, which
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1 shall be made available under section 102(f)(3)

2 (relating to model programs).

3 (2) REMAINING AMOUNTS.—The remainder of

4 the amounts available for carrying out title I shall

5 be allocated by the Secretary on an equitable basis,

6 and to the extent practicable such funds shall be ap7 portioned in such a manner that—

8 (A) 50 percent of such remainder shall be

9 apportioned among the States and localities

10 within each State in proportion to the relative

11 numbers of economically disadvantaged children

12 in each such State and locality, respectively;

13 (B) 25 percent of such remainder shall be

14 apportioned among the States and localities

15 within each State in proportion to the relative

16 numbers of children who have not attained six

17 years of age in each such State or locality, re18 spectively;

19 (C) 25 percent of such remainder shall be

20 apportioned among the States and localities

21 within each State in proportion to the relative

22 numbers of children of working mothers and

23 single parents in each such State and locality,

24 respectively.
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1 For the purposes of clauses (A), (B), and (C) of this

2 paragraph, there shall be excluded those children

3 who are counted under clauses (A), (B), and (C) of

4 subsection (b)(1) of this section.

5 (3) DETERMINATION.—In determining the

6 numbers of children for purposes of allocating and

7 apportioning funds under this section, the Secretary

8 shall use the most recent satisfactory data available.

9 (c) SPECIAL GRANTS.—Not to exceed 5 percent of

10 the total funds apportioned for use within a State pursu11 ant to subsection (b)(2) may be made available for grants

12 to the State to carry out the provisions of section 106 of

13 this Act.

14 (d) FEDERAL REGISTER.—As soon as practicable

15 after funds are appropriated to carry out this Act for any

16 fiscal year, the Secretary shall publish in the Federal Reg17 ister the apportionments required by this section.

18 TITLE I—COMPREHENSIVE

19 EARLY CHILDHOOD EDU20 CATION PROGRAMS

21 SEC. 101. PROGRAM AUTHORIZED.

22 (a) IN GENERAL.—The Secretary of Education shall

23 provide financial assistance for carrying out early child24 hood education programs under this part to prime spon25 sors and to other public and private nonprofit agencies
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1 and organizations pursuant to plans and applications ap2 proved in accordance with the provisions of this title.

3 (b) USE OF FUNDS.—Funds available for this part

4 may be used (in accordance with approved applications)

5 for the following services and activities—

6 (1) planning and developing early childhood

7 education programs, including the operation of pilot

8 programs to test the effectiveness of new concepts,

9 programs, and delivery systems;

10 (2) establishing, maintaining, and operating

11 early childhood education program, which include—

12 (A) comprehensive physical and mental

13 health, social, and cognitive development serv14 ices necessary for children participating in the

15 program to profit fully from their educational

16 opportunities and to attain their maximum po17 tential;

18 (B) food and nutritional services;

19 (C) rental, remodeling, renovation, alter20 ation, construction, or acquisition of facilities,

21 including mobile facilities, and the acquisition

22 of necessary equipment and supplies;

23 (D) programs designed (i) to meet the spe24 cial needs of minority groups, Native Ameri25 cans, Alaskan Natives and Native Hawaiians,
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1 and migrant children with particular emphasis

2 on the needs of children with limited English

3 proficiency for the development of skills in

4 English and another language spoken in the

5 home, and (ii) to meet the needs of all children

6 to understand the history and cultural back7 grounds of the ethnic groups which belong to

8 their communities and the role of members of

9 such ethnic groups in the history and cultural

10 development of the Nation and of the region in

11 which they reside;

12 (E) full-day, year-round program of daily

13 activities designed to develop fully each child’s

14 potential;

15 (F) other specially designed health, social,

16 and educational programs (including after

17 school, summer, weekend, vacation, and over18 night programs);

19 (G) medical, dental, psychological, edu20 cational, and other appropriate diagnosis, iden21 tification, and treatment of visual, hearing,

22 speech, nutritional, and other physical, mental,

23 and emotional barriers to full participation in

24 child education and development programs, in-
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1 cluding programs for preschool and other chil2 dren who are emotionally disturbed;

3 (H) prenatal and other medical services to

4 expectant mothers who cannot afford such serv5 ices, designed to help reduce malnutrition, in6 fant and maternal mortality, and the incidence

7 of mental retardation and other disabling condi8 tions, and postpartum and other medical serv9 ices (including family planning information) to

10 such recent mothers;

11 (I) incorporation within early childhood

12 education programs of special activities de13 signed to identify and ameliorate physical, men14 tal, and emotional disabilities and special learn15 ing disabilities;

16 (J) preservice and inservice education and

17 other training for professional and paraprofes18 sional personnel;

19 (K) dissemination of information in the

20 functional language of those to be served to as21 sure that parents are well informed of early

22 childhood education programs available to them

23 and may participate in such programs;

24 (L) services, including in-home services,

25 and training in the fundamentals of child devel-
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1 opment, for parents, older family members

2 functioning in the capacity of parents, youth,

3 and prospective parents;

4 (M) programs designed to extend com5 prehensive prekindergarten early childhood edu6 cation techniques and gains (particularly parent

7 participation) into kindergarten and early pri8 mary grades (one through three), in cooperation

9 with local educational agencies, including—

10 (i) the use of former assistant Head

11 Start teachers or similar early childhood

12 education teachers as instructional aides

13 (in addition to those employed by the

14 schools involved) working closely with

15 classroom teachers in the kindergarten and

16 such early primary grades in which are en17 rolled children they taught in Head Start

18 or other early childhood programs;

19 (ii) providing for full participation of

20 parents of the children involved in program

21 planning, implementation, and decision22 making; and

23 (iii) for career development opportuni24 ties and advancement through continuing

25 education and training for instructional
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1 aides involved (including teaching salaries,

2 educational stipends for tuition, books, and

3 tutoring, career counseling, arrangements

4 for academic credit for independent study,

5 fieldwork based on their teaching assign6 ments, and preservice and inservice train7 ing) and for the classroom teachers and

8 principals involved; and

9 (N) such other services and activities as

10 the Secretary deems appropriate in furtherance

11 of the purposes of this part; and

12 (3) staff and other administrative expenses of

13 early childhood education councils established and

14 operated in accordance with this title.

15 SEC. 102. PRIME SPONSORS OF EARLY CHILDHOOD DEVEL16 OPMENT PROGRAMS.

17 (a) PRIME SPONSORSHIP.—In accordance with the

18 provisions of this section, a State, locality, combination of

19 localities, Indian tribe on a Federal or State reservation,

20 or public or private nonprofit agency or organization,

21 meeting the requirements of this Act may be designated

22 by the Secretary as prime sponsor for the purpose of en23 tering into arrangements to carry out early childhood edu24 cation programs under this part, upon the approval by the
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1 Secretary of a prime sponsorship plan, which includes

2 provisions—

3 (1) describing the prime sponsorship area to be

4 served;

5 (2) setting forth satisfactory provisions of es6 tablishing and maintaining an Early Childhood Edu7 cation Council which meets the requirements of sec8 tion 103 of this Act;

9 (3) providing that the Early Childhood Edu10 cation Council shall be responsible for developing

11 and preparing a comprehensive early childhood edu12 cation plan for each fiscal year and any modification

13 thereof;

14 (4) setting forth arrangements under which the

15 Early Childhood Education Council will be respon16 sible for planning, supervising, coordinating, moni17 toring, and evaluating early childhood education pro18 grams in the prime sponsorship area;

19 (5) providing adequate assurances that staff

20 and other administrative expenses for the Early

21 Childhood Education Council under subsection (b)

22 paragraph (3) of section 101 will not exceed 5 per23 cent of the total cost of comprehensive early child24 hood education programs administered by the prime

25 sponsor unless such percentage limitation is in-
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1 creased to give special consideration to initial costs

2 in the first operations year or to other special needs,

3 in accordance with regulations which the Secretary

4 shall prescribe; and

5 (6) providing assurances, to the extent nec6 essary to carry out comprehensive early childhood

7 education programs in the area to be served, of the

8 capacity to provide, or to enter into arrangements

9 with appropriate State, local or other agencies for

10 linkages to provide—

11 (A) coordination with educational agencies

12 and providers of educational services;

13 (B) health (including family planning) and

14 mental health services;

15 (C) nutrition services; and

16 (D) training of professional and para17 professional personnel.

18 (b) LOCAL APPROVAL.—The Secretary shall approve

19 a prime sponsorship plan submitted by a locality which

20 is a city, country, or other unit of general local govern21 ment, if the Secretary determines that the plan so sub22 mitted meets the requirements of subsection (a) and in23 cludes adequate provisions for carrying out comprehensive

24 early childhood education programs in area of such local25 ity. In the event that an area under the jurisdiction of
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1 a unit of general local government, a city, county, or other

2 unit of local government, includes any common geo3 graphical area with that covered by another such unit of

4 general local government, the Secretary shall designate to

5 serve such area the unit of general local government which

6 the Secretary determines has the capability of more effec7 tively carrying out the purposes of this title with respect

8 to such area and which has submitted a plan which meets

9 the requirements of this section and includes adequate

10 provisions for carrying out comprehensive early childhood

11 education programs in such area.

12 (c) FAILURE TO MEET REQUIREMENTS.—

13 (1) IN GENERAL.—In the event that the Sec14 retary determines that a locality fails to meet the re15 quirements for designation as a prime sponsor under

16 subsection (b) for the reason that it lacks the capa17 bility of meeting the requirements of paragraph (5)

18 (concerning the limitation in administrative expenses

19 for Early Childhood Education Councils) or para20 graph (6) (concerning the capacity to provide or to

21 enter into arrangements for linkages to provide serv22 ices related to early childhood education) of sub23 section (a), the Secretary shall take steps to encour24 age the submission of a prime sponsorship plan, cov25 ering the area of such locality, by a combination of
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1 localities which are adjoining and possess a suffi2 cient commonality of interest.

3 (2) MEETING REQUIREMENTS.—The Secretary

4 shall approve a prime sponsorship plan submitted by

5 a combination of localities if the Secretary deter6 mines that the plan so submitted meets the require7 ments of subsection (a) and includes adequate provi8 sions for carrying out comprehensive early childhood

9 education programs in the area covered by the com10 bination of such localities.

11 (d) APPROVAL OF PLAN.—The Secretary shall ap12 prove a prime sponsorship plan submitted by an Indian

13 tribe on a Federal or State reservation if the Secretary

14 determines that the plan so submitted meets the require15 ments of subsection (a) and includes adequate provisions

16 for carrying out comprehensive early childhood education

17 programs in the area to be served.

18 (e) APPROVAL FOR SPECIAL CIRCUMSTANCES.—In

19 the event that the Secretary determines, with respect to

20 the area of a particular locality, that a prime sponsorship

21 plan meeting the requirements of this section has not been

22 submitted by a locality or combination of localities cov23 ering such areas, or by an Indian tribe on a Federal or

24 State reservation, or in the event that prime sponsorship

25 designation has been withdrawn in accordance with sub-
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1 section (h), the Secretary may, with respect to the impend2 ing fiscal year when no such prime sponsorship designa3 tion will be in effect, approve a plan submitted by the

4 State which meets the requirements of subsection (a) and

5 includes adequate provisions for carrying out comprehen6 sive early childhood education programs in each such area.

7 (f) AGENCY APPROVAL.—The Secretary may approve

8 a prime sponsorship plan submitted by a public or private

9 nonprofit agency, including but not limited to a commu10 nity action agency, single purpose Head Start agency,

11 community development corporation, parent cooperative,

12 organization of migrant agricultural workers, organization

13 of Native Americans, Alaskan Natives or Native Hawai14 ians, employer organizations, or public or private edu15 cational agency or institution if the Secretary determines

16 that the plan so submitted meets the requirements of sub17 section (a) of this section and includes—

18 (1) provisions setting forth arrangements for

19 serving children in a neighborhood or other area

20 possessing a commonality of interest in the area of

21 any locality with respect to which there is not prime

22 sponsorship designation in effect, or with respect to

23 any portion of an area where the prime sponsor is

24 found not to be satisfactorily implementing early

25 childhood education program which adequately
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1 meets the purposes of this part, or for making avail2 able special services, in accordance with criteria es3 tablished by the Secretary, designed to meet the

4 needs of economically disadvantaged or preschool

5 children;

6 (2) arrangements for providing comprehensive

7 early childhood education programs on a full-day

8 year-round; or

9 (3) arrangements for carrying out model pro10 grams especially designed to be responsive to the

11 needs of economically disadvantaged, minority

12 groups, or limited English proficient preschool chil13 dren.

14 (g) COMMENTS AND RECOMMENDATIONS.—The Gov15 ernor of the State shall in accordance with regulations

16 which the Secretary shall prescribe, be given a reasonable

17 opportunity to review and offer recommendations to any

18 applicant submitting a plan for prime sponsorship des19 ignation under this section, and to submit comments to

20 the Secretary with respect to any plan so submitted.

21 (h) DISAPPROVAL.—A prime sponsorship plan sub22 mitted under this section may be disapproved or a prior

23 designation of a prime sponsor may be withdrawn only if

24 the Secretary, in accordance with regulations prescribed

25 by the Secretary, has provided—
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1 (1) written notice of intention to disapprove

2 such plan, including a statement of the reasons,

3 (2) a reasonable time in which to submit correc4 tive amendments to such plan or undertake other

5 necessary corrective action, and

6 (3) an opportunity for a public hearing upon

7 which basis an appeal to the Secretary may be taken

8 as of right.

9 (i) APPEALS.—

10 (1) IN GENERAL.—If any party is dissatisfied

11 with the Secretary’s final action under subsection

12 (h) with respect to the disapproval of its plan sub13 mitted under this section or the withdrawal of its

14 prime sponsorship designation, such party may,

15 within sixty days after notice of such action, file

16 with the United States court of appeals for the cir17 cuit in which such party is located a petition for re18 view of that action. A copy of the petition shall be

19 forthwith transmitted by the clerk of the court to

20 the Secretary. The Secretary thereupon shall file in

21 the court the record of the proceeding on which the

22 Secretary based his/her action, as provided in section

23 2112 of title 28, United States Code.

24 (2) COURT JUDGMENT.—The court shall have

25 jurisdiction to affirm the action of the Secretary or
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1 to set it aside, in whole or in part. The judgment of

2 the court shall be subject to review by the Supreme

3 Court of the United States upon certiorari or certifi4 cation as provided in section 1254 of title 28, United

5 States Code.

6 SEC. 103. EARLY CHILDHOOD EDUCATION COUNCILS.

7 (a) MEMBERSHIP.—Each prime sponsor designed

8 under section 102 shall establish and maintain an Early

9 Childhood Education Council consisting of not less than

10 ten members comprised as follows:

11 (1) PARENTS.—Not less than half of the mem12 bers of such Council shall be parents of children

13 served in early childhood education programs under

14 this Act.

15 (2) REMAINING MEMBERS.—The remaining

16 members of such Council shall be appointed by the

17 chief executive officer or officers of the prime spon18 sor to represent the public, but—

19 (A) not less than half of such members

20 shall be persons who are broadly representative

21 of the general public, including government

22 agencies, public and private agencies and orga23 nizations in such field as economic opportunity,

24 health, education, welfare, employment and

25 training, business or financial organizations or
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1 institutions, labor unions, and employers, and

2 who are approved by the parent members de3 scribed in paragraph (1); and

4 (B) the remaining members the number of

5 which shall be either equal to or one less than

6 the number of members appointed under clause

7 (A), shall be persons who are particularly

8 skilled by virtue of training or experience in

9 early childhood education, child development,

10 child health, child welfare, or other child serv11 ices, except that the Secretary may waive the

12 requirements of this clause (B) to the extent

13 that the Secretary determines, in accordance

14 with regulations prescribed by the Secretary,

15 that such person are not available to the area

16 to be served.

17 (b) PROCEDURES.—In accordance with procedures

18 with the Secretary shall establish pursuant to regulations,

19 each prime sponsor designed under section 102 shall pro20 vide, with respect to the Early Childhood Education Coun21 cil established and maintained by such prime sponsor,

22 that—

23 (1) the parent members described in paragraph

24 (1) of subsection (a) of this section shall be chosen

25 by the membership of Head Start policy committees
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1 where they exist, and, at the earliest practicable

2 time, by project policy committees established pursu3 ant to section 105(a)(2) of this Act;

4 (2) not less than one-fourth of the total mem5 bership of such Council shall be persons broadly rep6 resentative of the economically disadvantaged;

7 (3) the terms of office and any other policies

8 and procedures of an organizational nature, includ9 ing nomination and election procedures, are appro10 priate in accordance with the purposes of this Act;

11 (4) such Council shall have responsibility for

12 approving basic goals, policies, actions, and proce13 dures for the prime sponsor, including policies with

14 respect to planning, general supervision and over15 sight, overall coordination, personnel, budgeting,

16 funding of projects, and monitoring and evaluation

17 of projects; and

18 (5) such Council shall, upon its own initiatives

19 or upon request of a project applicant or any other

20 party in interest, conduct public hearings before act21 ing upon applications for financial assistance sub22 mitted by project applicants under this Act.
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1 SEC. 104. COMPREHENSIVE EARLY CHILDHOOD EDU2 CATION PLANS.

3 (a) ASSISTANCE.—Financial assistance under this

4 part may be provided by the Secretary for any fiscal year

5 to a prime sponsor designated pursuant to section 102

6 only pursuant to a comprehensive early childhood edu7 cation plan which is submitted by such prime sponsor and

8 approved by the Secretary in accordance with the provi9 sions of this part. Any such plan shall set forth a com10 prehensive program providing early childhood education

11 services in the prime sponsorship area which—

12 (1) identifies all early childhood education

13 needs and goals within the area and describes the

14 purposes for which the financial assistance will be

15 used;

16 (2) meets the needs of children in the prime

17 sponsorship area, to the extent that available funds

18 can be reasonably expected to have an effective im19 pact, including infant care and before and after

20 school programs for children in school with priority

21 to children who have not attained six years of age;

22 (3) gives priority to meeting the special needs

23 of economically disadvantaged children by providing

24 that not less than 65 percent of the total cost of

25 programs receiving financial assistance under section
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1 4(b) shall be for early childhood education programs

2 for economically disadvantaged children;

3 (4) gives priority thereafter to providing early

4 childhood education programs and services to chil5 dren of single parents and working mothers not cov6 ered under paragraph (3);

7 (5) provides procedures for the approval of

8 project applications submitted in accordance with

9 section 105;

10 (6) provides, in the case of a prime sponsor lo11 cated within or adjacent to a metropolitan area, for

12 coordination with other prime sponsors located with13 in such metropolitan area, and arrangements for co14 operative funding where appropriate, and particu15 larly for such coordination where appropriate meet

16 the needs for early childhood education services of

17 children of parents working or participating in train18 ing or otherwise occupied during the day within a

19 prime sponsorship area other than that in which

20 they reside;

21 (7) provides that, to the extent feasible, each

22 program within the prime sponsorship area will in23 clude children from a range of socioeconomic back24 grounds;
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1 (8) provides comprehensive services (A) to meet

2 the special needs of minority group children of mi3 grant agricultural workers with particular emphasis

4 on the needs of children from bilingual families for

5 development of skills in English and in the other

6 language spoken in the home, and (B) to meet the

7 need of all children to understand the history and

8 cultural background of minority groups which belong

9 to the communities and the role of members of such

10 minority groups in the history and cultural develop11 ment of the Nation and the region in which they re12 side;

13 (9) provides equitably for the early childhood

14 education needs of children from each minority

15 group or significant segment of the economically dis16 advantaged residing within the area covered;

17 (10) provides, to the extent possible, for coordi18 nation of early childhood education programs so as

19 to keep family units intact or in close proximity dur20 ing the day;

21 (11) provides for the regular and frequent dis22 semination of information in the functional language

23 of those to be served, to assure that parents and in24 terested persons in the community are fully informed
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1 of the activities of the Early Childhood Education

2 Council and of delegate agencies;

3 (12) provides that, to the extent possible, unem4 ployed or low-income persons residing in commu5 nities served by such projects will receive jobs pro6 viding career ladder opportunities, including in-home

7 and part-time jobs, and opportunities for training in

8 programs assisted under title II of this Act;

9 (13) assures that procedures and mechanisms

10 for coordination have been developed in cooperation

11 with preschool program administrators and adminis12 trators of local educational agencies and non-public

13 schools, at the local level, to provide continuity be14 tween programs for preschool and elementary school

15 children and to coordinate programs conducted

16 under this part and programs conducted pursuant to

17 the Head Start Act (42 U.S.C. 9831–9852) and the

18 Elementary and Secondary Education Act of 1965,

19 as amended;

20 (14) establishes arrangements in the area

21 served for the coordination of programs conducted

22 under the auspices of or with the support of busi23 ness or financial institutions or organizations, indus24 try, labor, employee and labor-management organi25 zations, and other community groups;
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1 (15) contains any arrangements for the delega2 tion, under the supervision of the Early Childhood

3 Education Council, to any public or private non4 profit agencies, institutions, or organizations, of re5 sponsibilities for the delivery of programs, services,

6 and activities for which financial assistance is pro7 vided under this title, or for any planning or evalua8 tion services to be made available with respect to

9 programs under this title; and

10 (16) contains plans for regularly conducting

11 surveys and analyses of needs for early childhood

12 education programs in the prime sponsorship area

13 and for submitting to the Secretary a comprehensive

14 annual report and evaluation in such form and con15 taining such information as the Secretary shall re16 quire by regulation.

17 (b) PLAN AND PLAN MODIFICATIONS.—No com18 prehensive early childhood education plan or modification

19 thereof submitted by a prime sponsorship under this sec20 tion shall be approved by the Secretary unless the Sec21 retary determines, in accordance with regulations pre22 scribed by the Secretary, that—

23 (1) each community action agency or single

24 purpose Head Start agency in the area to be served

25 previously responsible for the administration of pro-
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1 grams under this part or under the Head Start Act

2 (42 U.S.C. 9831–9852) has had an opportunity to

3 submit comments to the prime sponsor and to the

4 Secretary;

5 (2) the local educational agency for the area to

6 be served, and other appropriate educational and

7 training agencies and institutions, have had an op8 portunity to submit comments to the prime sponsor

9 and to the Secretary; and

10 (3) the Governor of the State has had an op11 portunity to submit comments to the prime sponsor

12 and to the Secretary.

13 (c) DISAPPROVAL.—A comprehensive early childhood

14 education plan submitted under this section may be dis15 approved or a prior approval withdrawn only if the Sec16 retary, in accordance with regulations prescribed by the

17 Secretary, had provided—

18 (1) written notice of intention to disapprove

19 such plan, including a statement of the reasons,

20 (2) reasonable time to submit corrective amend21 ments to such plan or undertake for a public hearing

22 upon which basis an appeal to the Secretary may be

23 taken as of right.

24 (d) JOINT SUBMISSIONS.—In order to contribute to

25 the effective administration of this Act, the Secretary shall
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1 establish appropriate procedures to permit prime sponsors

2 to submit jointly a single comprehensive early childhood

3 education plan for the areas served by such prime spon4 sors.

5 SEC. 105. PROJECT APPLICATIONS.

6 (a) ASSISTANCE TO PROJECT APPLICANT.—Finan7 cial assistance under this Act may be provided to a project

8 applicant for any fiscal year only pursuant to a project

9 application which is submitted by a public or private agen10 cy and which provides that—

11 (1) funds will be provided for carrying out any

12 early childhood education program under this part

13 only to a qualified public or private agency or orga14 nization, including but not limited to a community

15 action agency, single purpose Head Start agency,

16 community development corporation, parent coopera17 tive, organization of migrant agricultural workers,

18 organization of Native Americans, Alaskan Natives,

19 and Native Hawaiians, private organization inter20 ested in early childhood education, employer or busi21 ness organization, labor union, employee or labor

22 management organization, or public or private edu23 cational agency or institution;
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1 (2) project policy committees shall be estab2 lished and maintained, consisting of not less than

3 ten members, composed so that—

4 (A) not less than half of the members of

5 each such committee shall be parents of chil6 dren served in such projects, and

7 (B) the remaining members of such com8 mittee shall be comprised—

9 (i) of persons who are representative

10 of the community and who shall be ap11 proved by the parent members, and

12 (ii) of persons, the number of which

13 shall be not less than one-third nor more

14 than one-half of the number of members

15 appointed under clause (i), who are par16 ticularly skilled by virtue of training or ex17 perience in early childhood education, child

18 health, child welfare, or other child serv19 ices, except that the Secretary may waive

20 the requirement of this clause (ii) to the

21 extent that he/she determines, in accord22 ance with regulations prescribed by the

23 Secretary, that such persons are not avail24 able to the area to be served;
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1 (3) provision will be made for direct participa2 tion of such policy committees in the development

3 and preparation of project applications under this

4 part;

5 (4) adequate provision will be made for training

6 and other administrative expenses of such policy

7 committee (including necessary expenses to enable

8 low-income members to participate in council or

9 committee meetings);

10 (5) project policy committees shall have respon11 sibility for approving basic goals, policies, actions,

12 and procedures for the project applicant, including

13 policies with respect to planning, overall conduct,

14 personnel, budgeting, location of centers and facili15 ties, and direction and evaluation of projects;

16 (6) programs assisted under this title will pro17 vide for such comprehensive health, nutritional, edu18 cation, social, and other services, as are necessary

19 for the full cognitive, emotional and physical devel20 opment of each participating child;

21 (7) adequate provision will be made for the reg22 ular and frequent dissemination of information in

23 the functional language of those to be served, to as24 sure that parents and interested persons are fully in25 formed of project activities.
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1 (8)(A) no charge for services provided under an

2 early childhood education program will be made with

3 respect to any child who is economically disadvan4 taged, except to the extent that payment will be

5 made by a third party (including a public agency)

6 which is authorized or required to pay for such serv7 ices; and

8 (B) such charges will be made with respect to

9 a child who is not economically disadvantaged in ac10 cordance with an appropriate fee schedule which

11 shall be established by the Secretary by regulation

12 and which is based upon the ability of the family to

13 pay for such services, including the extent to which

14 any third party (including a public agency) is au15 thorized or required to make payments for such

16 services;

17 (9) children will in no case be excluded from the

18 programs operated pursuant to this part because of

19 their participation in non-public preschool or school

20 programs or because of the intention of their par21 ents to enroll them in non-public schools when they

22 attain school age;

23 (10) program will, to the extent appropriate,

24 employ paraprofessional aides and volunteers, espe25 cially parents, older children, students, older per-
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1 sons, and persons preparing for careers in early

2 childhood education programs;

3 (11) there are assurances satisfactory to the

4 Secretary that the non-Federal share requirements

5 will be met; and

6 (12) provisions will be made for such fiscal con7 trol and fund accounting procedures as the Sec8 retary shall prescribe to assure proper disbursement

9 of and accounting for Federal funds.

10 (b) PROJECT APPLICATION APPROVAL.—A project

11 application submitted in accordance with subsection (a) of

12 this section may be approved by the Secretary if deter13 mined that it meets the purpose of this title.

14 SEC. 106. SPECIAL GRANTS TO STATES.

15 Upon application submitted by any State, the Sec16 retary is authorized to provide financial assistance for use

17 by such State for carrying out activities for the purposes

18 of—

19 (1) identifying early childhood education goals

20 and needs within the State;

21 (2) assisting in the establishing of Early Child22 hood Education Councils and strengthening the ca23 pability of such Councils to effectively plan, super24 vise, coordinate, monitor, and evaluate early child25 hood education programs;
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1 (3) encouraging the cooperation and participa2 tion of State agencies in providing early childhood

3 education and related services, including health,

4 family planning, mental health, nutrition, and fam5 ily, social and rehabilitative services where requested

6 by appropriate prime sponsors in the development

7 and implementation of comprehensive early child8 hood education plans;

9 (4) encouraging the full utilization of resources

10 and facilities for early childhood education programs

11 within the State;

12 (5) disseminating the results of research on

13 early childhood education programs;

14 (6) conducting programs for the exchange of

15 personnel involved in early childhood education pro16 grams within the State;

17 (7) assisting public and private nonprofit agen18 cies and organizations in the acquisition or improve19 ment of facilities for early childhood education pro20 grams;

21 (8) assessing State and local licensing codes as

22 they relate to early childhood education programs

23 within the State; and

24 (9) developing information useful in reviewing

25 prime sponsorship plans under section 102(g) and of
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•HR 5071 IH

1 Comprehensive Early Childhood Education Plans

2 under section 104(b)(3).

3 SEC. 107. ADDITIONAL CONDITIONS FOR PROGRAMS IN4 CLUDING CONSTRUCTION.

5 (a) CONSTRUCTION.—Applications for financial as6 sistance for projects, including construction, may be ap7 proved only if the Secretary determines that construction

8 of such facilities is essential to the provision of adequate

9 early childhood education services, and that rental, ren10 ovation, remodeling, or leasing of adequate facilities is not

11 practicable.

12 (b) RECOVERY OF FUNDS.—If any facility assisted

13 under this title shall cease to be used for the purpose for

14 which it was constructed, the United States shall be enti15 tled to recover from the applicant or other owner of the

16 facility an amount which bears to the then value of the

17 facility (or so much thereof as constituted an approved

18 project) the same ratio as the amount of such Federal

19 funds bore to the cost of the facility financed with the

20 aid of such funds, unless the Secretary determines in ac21 cordance with regulations that there is good cause for re22 leasing the applicant or other owner from the obligation

23 to do so. Such value shall be determined by agreement

24 of the parties or by action brought in the United States
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•HR 5071 IH

1 district court for the district in which the facility is situ2 ated.

3 (c) DAVIS-BACON APPLICATION.—All laborers and

4 mechanics employed by contractors or subcontractors on

5 all construction, remodeling, renovation, or alteration

6 projects assisted under this part shall be paid wages at

7 rates not less than those prevailing on similar construction

8 in the locality as determined by the Secretary of Labor

9 in accordance with the Davis-Bacon Act, as amended (40

10 U.S.C. 276a–276a–5).

11 (d) GRANTS.—Any Federal assistance for construc12 tion shall be in the form of grants, and shall not be paid

13 to other than public or private nonprofit agencies and or14 ganizations. Not more than 15 percent of the total finan15 cial assistance provided to a prime sponsor under this part

16 shall be used for construction of facilities.

17 SEC. 108. USE OF PUBLIC FACILITIES FOR CHILD DEVELOP18 MENT PROGRAMS.

19 (a) REPORT.—The Secretary, after consultation with

20 other appropriate officials of the Federal Government,

21 shall within sixteen months after enactment of this title

22 report to the Congress with respect to the extent to which

23 facilities owned or leased by Federal departments, agen24 cies, and independent authorities could be made available

25 to public and private nonprofit agencies and organizations,
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•HR 5071 IH

1 through appropriate arrangements, for use as facilities for

2 early childhood education programs under this title during

3 times and periods when not utilized fully for their usual

4 purposes, together with his/her recommendations (includ5 ing recommendations for changes in legislation) or pro6 posed actions for such use.

7 (b) REVIEW.—The Secretary may require, as a condi8 tion to the receipt of assistance under this title, that any

9 prime sponsor under this title agree to conduct a review

10 and provide the Secretary with a report as to the extent

11 to which facilities owned or leased by such prime sponsor,

12 or by other agencies in the prime sponsorship area, could

13 be made available, through appropriate arrangements, for

14 use as facilities for early childhood education programs

15 under this title, during times and periods when not utilized

16 for their usual purposes, together with the prime sponsor’s

17 proposed actions for such use.

18 SEC. 109. PAYMENTS.

19 (a) FEDERAL SHARE.—In accordance with this sec20 tion, the Secretary shall pay from the applicable allocation

21 or apportionment under section 4 the Federal share of the

22 costs of programs, services, and activities, in accordance

23 with plans or applications which have been approved as

24 provided in this part.

25 (b) PAYMENT.—
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1 (1) IN GENERAL.—Except as provided in para2 graphs (2) and (3), the Secretary shall pay an

3 amount not in excess of 90 percent of the cost of

4 carrying out programs, services, and activities under

5 this part. The Secretary may, in accordance with

6 such regulations prescribed by the Secretary, ap7 prove assistance in excess of such percentage if the

8 Secretary determines that such action is required to

9 provide adequately for the early childhood education

10 needs of economically disadvantaged children.

11 (2) CHILDREN OF MIGRANT AGRICULTURAL

12 WORKERS.—The Secretary shall pay an amount

13 equal to 100 percent of the costs of providing early

14 childhood education programs for children of mi15 grant agricultural workers and their families under

16 this title.

17 (3) INDIAN CHILDREN.—The Secretary shall

18 pay an amount equal to 100 percent of the costs of

19 providing early childhood education programs for

20 children on Federal or State Indian reservations

21 under this title.

22 (4) NATIVE HAWAIIAN CHILDREN.—The Sec23 retary shall pay an amount equal to 100 percent of

24 the costs of providing early childhood education pro25 grams for Native Hawaiian children under this title.
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1 (c) NON-FEDERAL SHARE.—The non-Federal share

2 of the costs of programs, services, and activities assisted

3 under this part may be provided through public or private

4 funds and may be in the form of cash, goods, services,

5 or facilities (or portions thereof that area used for pro6 gram purposes), reasonably evaluated, and employee and

7 employer contributions.

8 (d) FEES.—Fees collected for services pursuant to

9 section 105(a)(8) shall be deemed financial assistance for

10 purposes of section 104(a)(3).

11 (e) EXPRESS AMOUNTS.—If, with respect to any fis12 cal year, a prime sponsor or project applicant provides

13 non-Federal contributions for any program, service, or ac14 tivity exceeding its requirements, such excess may be ap15 plied toward meeting the requirements for such contribu16 tions for the subsequent fiscal year under this part.

17 (f) NO REDUCTION OF FUNDS.—No State or locality

18 shall reduce its expenditures for early childhood education

19 or child care programs by reason of assistance under this

20 part.
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1 TITLE II—TRAINING, TECHNICAL

2 ASSISTANCE, PLANNING, AND

3 EVALUATION

4 SEC. 201. PRESERVICE AND INSERVICE TRAINING.

5 The Secretary is authorized to make payments to

6 provide financial assistance to enable individuals employed

7 or preparing for employment in early childhood education

8 program assisted under this Act, including volunteers, to

9 participate in programs of preservice or inservice training

10 for professional and nonprofessional personnel, to be con11 ducted by any agency carrying out an early childhood edu12 cation program, or any institution of higher education, in13 cluding a community college, or by any combination there14 of.

15 SEC. 202. TECHNICAL ASSISTANCE AND PLANNING.

16 The Secretary shall, directly or through grant or con17 tract, make technical assistance available to prime spon18 sors and to project applicants participating or seeking to

19 participate in programs assisted under this title on a con20 tinuing basis to assist them in planning, developing, and

21 carrying out early childhood education programs.

22 SEC. 203. EVALUATION.

23 (a) EVALUATION.—The Secretary shall make an eval24 uation of Federal involvement in early childhood education

25 activities and services, which shall include—
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1 (1) enumeration and description of all Federal

2 activities which affect early childhood education;

3 (2) analysis of expenditures of Federal funds

4 for such activities and services;

5 (3) determination of the effectiveness of such

6 activities and services;

7 (4) the extent to which preschool, minority

8 group, and economically disadvantaged children and

9 their parents have participated in programs under

10 this title; and

11 (5) such recommendations to Congress as the

12 Secretary may deem appropriate.

13 (b) REPORT.—The results of the evaluation required

14 by subsection (a) of this section shall be reported to Con15 gress not later than two years after enactment of this title.

16 (c) EVALUATION.—The Secretary shall establish such

17 procedures as may be necessary to conduct an annual eval18 uation of Federal involvement in early childhood education

19 programs, and shall report the results of each such evalua20 tion to Congress.

21 (d) AVAILABILITY OF INFORMATION.—Prime spon22 sors and project applicants assisted under this Act and

23 departments and agencies of the Federal Government

24 shall, upon request by the Secretary, make available, con25 sistent with other provisions of law, such information as
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•HR 5071 IH

1 the Secretary determines is necessary for purposes of

2 making the evaluation required under subsection (c) of

3 this section.

4 (e) CONTRACTS.—The Secretary may enter into con5 tracts with public or private agencies, organizations, or in6 dividuals to carry out the provisions of this section.

7 (f) RESERVATION.—The Secretary shall reserve for

8 the purposes of this section not less than 1 percent, and

9 may reserve for such purposes not more than 2 percent,

10 of the amounts available under paragraphs (2) and (3)

11 of section 5(a) of this Act for any fiscal year.

12 SEC. 204. FEDERAL STANDARDS FOR EARLY CHILDHOOD

13 EDUCATION SERVICES.

14 (a) PROGRAM STANDARDS.—The Secretary shall,

15 after consultation with other Federal agencies and with

16 the Committee established pursuant to subsection (c) of

17 this section, promulgate a common set of program stand18 ards which shall be applicable to all programs providing

19 early childhood education services with Federal assistance

20 under this Act, to be known as the Federal Standards for

21 Early Childhood Education. If the Secretary disapproves

22 the Committee’s recommendations, the Secretary shall

23 state the reasons therefor.

24 (b) COMMITTEE APPOINTMENTS.—The Secretary

25 shall, within sixty days after enactment of this title, ap-
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1 point a Special Committee on Federal Standards for Early

2 Childhood Education, which shall included parents of chil3 dren enrolled in early childhood education programs, rep4 resentatives of public and private agencies administering

5 early childhood education programs, and organization spe6 cialists, and others interested in the development of chil7 dren. Not less than one-half of the membership of the

8 Committee shall consist of parents of children partici9 pating in programs conducted under title I of this Act.

10 Such Committee shall participate in the development of

11 Federal Standards for Early Childhood Education and

12 modifications thereof as provided in subsection (a).

13 SEC. 205. DEVELOPMENT OF UNIFORM MINIMUM CODE FOR

14 FACILITIES.

15 (a) UNIFORM MINIMUM CODE.—The Secretary shall,

16 within sixty days after enactment of this bill appoint a

17 special committee to develop a uniform minimum code for

18 facilities, to be used in licensing early childhood education

19 facilities. Such standards shall deal principally with those

20 matters essential to the health, safety, and physical com21 fort of the children and the relationship of such matters

22 to the Federal Standards for Early Childhood Education.

23 (b) MEMBERSHIP.—The special committee appointed

24 under this section shall include parents of children partici25 pating in child development programs and representatives
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1 of State and local licensing agencies, public health offi2 cials, fire prevention officials, the construction industry

3 and unions, public and private agencies or organizations

4 administering early childhood education programs, and

5 national agencies or organizations interested in the devel6 opment of children. Not less than one-third of the mem7 bership of the committee shall consist of parents of chil8 dren enrolled in such programs.

9 (c) PUBLIC HEARINGS.—Within one year after its

10 appointment, the special committee shall complete a pro11 posed uniform minimum code for facilities and shall hold

12 public hearings on the proposed code prior to submitting

13 its final recommendation to the Secretary for approval.

14 (d) PROMULGATION OF STANDARDS.—After consid15 ering the recommendations submitted by the special com16 mittee in accordance with subsection (c), the Secretary

17 shall promulgate standards which shall be applicable to

18 all facilities receiving Federal financial assistance under

19 this Act or in which programs receiving Federal financial

20 assistance under this Act are operated. If the Secretary

21 disapproves the committee’s recommendations, the Sec22 retary shall state the reasons therefor. The Secretary shall

23 also distribute such standards and urge their adoption by

24 States and local governments. The Secretary may from
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1 time to time modify the uniform code for facilities in ac2 cordance with procedures set forth in this section.

3 TITLE III—MODEL FEDERAL

4 GOVERNMENT EARLY CHILD5 HOOD EDUCATION PRO6 GRAMS

7 SEC. 301. PROGRAM AUTHORIZED.

8 (a) MODEL PROGRAMS.—The Secretary is authorized

9 to provide financial assistance for the purpose of estab10 lishing and operating model early childhood education pro11 grams (including the lease, rental, or construction of nec12 essary facilities and the acquisition of necessary equip13 ment and supplies) for the children of civilian employees

14 of the Federal Government.

15 (b) AGENCY COMMITTEE.—Civilian employees of any

16 Federal agency or group of such agencies employing eighty

17 working parents of young children who desire to partici18 pate in a program eligible for assistance under this part

19 shall—

20 (1) designate or create for such purpose an

21 agency committee, the membership of which shall be

22 broadly representative of the working parents inter23 ested in utilizing these services who are employed by

24 the agency or agencies; and
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1 (2) submit to the Secretary a plan approved by

2 the official in charge of such agency or agencies,

3 which—

4 (A) provides that the early childhood edu5 cation program shall be administered under the

6 direction of the agency committee;

7 (B) provides that the program will meet

8 the Federal Standards for Early Childhood

9 Education approved pursuant to section 204

10 and the uniform minimum code for facilities ap11 proved pursuant to section 205.

12 (C) provides a means of determining pri13 ority of eligibility among parents wishing to use

14 the service program;

15 (D) provides for a scale of fees based upon

16 the parents’ financial status; and

17 (E) provides for competent management,

18 staffing, and facilities for such program.

19 (c) OFFICIAL PLAN APPROVAL.—The Secretary shall

20 not make payments under this section unless the Secretary

21 has received approval of the plan from the official in

22 charge of the agency whose employees will be served by

23 the early childhood education program.
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1 SEC. 302. PAYMENTS.

2 (a) IN GENERAL.—Not more than 80 percent of the

3 total cost of the early childhood education program under

4 this part shall be paid from Federal funds available under

5 this title.

6 (b) PUBLIC OR PRIVATE FUNDS.—The share of the

7 total cost not available under paragraph (a) may be pro8 vided through public or private funds and may be in the

9 form of cash, goods, services, or facilities (or portions

10 thereof that are used for program purposes), reasonable

11 evaluated, fees collected from parents, and union and em12 ployer contributions.

13 (c) EXCESS AMOUNTS.—If, with respect to any fiscal

14 year, a program under this part provides contributions ex15 ceeding its requirements under this section, such excess

16 may be used to meet the requirements of such contribu17 tions for the subsequent fiscal year.

18 TITLE IV—RESEARCH AND

19 DEMONSTRATIONS

20 SEC. 401. DECLARATION OF PURPOSES.

21 The purposes of this part are to focus national re22 search efforts to attain a fuller understanding of the proc23 ess of early child development and the effects of organized

24 programs upon these processes; to develop effective pro25 grams for research into child development; and to assure

26 that the result of research and development efforts are re-
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1 flected in the conduct of programs affecting children

2 through the improvement and expansion of early childhood

3 education and related programs.

4 SEC. 402. RESEARCH AND DEMONSTRATION PROJECTS.

5 (a) RESEARCH AND DEMONSTRATION PROJECTS.—

6 In order to further the purposes of this part, the Secretary

7 shall carry out a program of research and demonstration

8 projects, which shall include but not be limited to—

9 (1) research to determine the nature of child

10 development processes and the impact of various in11 fluences upon them, to develop techniques to meas12 ure and evaluate child development, to develop

13 standards to evaluate professional and paraprofes14 sional early childhood education personnel, to deter15 mine how early childhood development and education

16 and related programs conducted in either home or

17 institutional settings affect child development proc18 esses;

19 (2) research to test alternative methods of pro20 viding early childhood education and related services,

21 and to develop and test innovative approaches to

22 achieve maximum development of children and pro23 grams for training adolescent youth in child develop24 ment;
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1 (3) evaluation of research findings and the de2 velopment of these findings and the effective applica3 tion thereof; and

4 (4) dissemination and application of research

5 and development efforts and demonstration projects

6 to early childhood education and related programs,

7 using regional demonstration centers and advisory

8 services where feasible.

9 (b) AUTHORITY.—In order to carry out the program

10 provided for in subsection (a), the Secretary is authorized

11 to make grants to or enter into contracts or other arrange12 ments with public or private nonprofit agencies (including

13 other Government agencies), organizations, and institu14 tions, and to enter into contracts with private agencies,

15 organizations, institutions, and individuals.

16 SEC. 403. COORDINATION OF RESEARCH.

17 (a) FUND TRANSFERS.—Funds available to any Fed18 eral department or agency for the purposes stated in sec19 tion 401 or the activities stated in section 402(a) shall

20 be available for transfer, with the approval of the head

21 of the department or agency involved, in whole or in part,

22 to the Secretary for such use as is consistent with the pur23 poses for which such funds were provided, and the funds

24 so transferred shall be expendable by the Secretary for the

25 purpose for which the transfer was made.
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1 (b) COORDINATION.—The Secretary shall coordinate

2 all early childhood education research, training, and devel3 opment efforts conducted with the Federal Government

4 and, to the extent feasible, by other agencies, organiza5 tions, and individuals.

6 (c) ANNUAL MEETINGS.—Representatives from the

7 National Institute for Early Childhood Development, the

8 Federal agencies administering the Social Security Act

9 and the Elementary and Secondary Education Act, the

10 Department of Health and Human Services Administra11 tion for Children and Families, the Department of Labor,

12 and other appropriate agencies, shall meet at least annu13 ally and at such more frequent times as they may deem

14 necessary, in order to assure coordination of child develop15 ment and early childhood education and related activities

16 under their respective jurisdictions and to carry out the

17 provisions of this title so as to assure—

18 (1) maximum utilization of available resources

19 through the prevention of duplication of activities;

20 (2) a division of labor, insofar as is compatible

21 with the purposes of each of the agencies or authori22 ties specified in this paragraph, to assure maximum

23 progress toward the achievement of the purposes of

24 this title; and
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1 (3) recommendation of priorities for federally

2 funded research and development activities related

3 to the purposes of this title and those stated in sec4 tion 3.

5 TITLE V—GENERAL PROVISIONS

6 SEC. 501. DEFINITIONS.

7 As used in this Act, the term—

8 (1) ‘‘children’’ means individuals who have not

9 attained the age of 8;

10 (2) ‘‘children with disabilities’’ any such child

11 as defined in section 602 of the Individuals With

12 Disabilities Education Act;

13 (3) ‘‘early childhood education programs’’

14 means programs provided on a full-day basis which

15 provide the educational, nutritional, social, medical,

16 psychological, and physical services needed for young

17 children to attain their full potential;

18 (4) ‘‘economically disadvantaged children’’

19 means any child of a family having an annual in20 come below the lower living standards budget (ad21 justed for regional and metropolitan, urban, and

22 rural differences, and family size), as determined an23 nually by the Bureau of Labor Statistics of the De24 partment of Labor;
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1 (5) ‘‘institution of higher education’’ means any

2 such institution as defined in section 1201 of the

3 Higher Education Act of 1965.

4 (6) ‘‘limited English proficiency’’ means such

5 individual as defined in section 7003(a) of the Bilin6 gual Education Act.

7 (7) ‘‘local educational agency’’ means any such

8 agency as defined in section 1471 of the Elementary

9 and Secondary Education Act of 1965;

10 (8) ‘‘locality’’ means any city or other munici11 pality or any county or other political subdivision of

12 a State having general governmental powers, or any

13 combination thereof;

14 (9) ‘‘minority group’’ means persons who are

15 African-American, Native American, Alaskan Native,

16 Native Hawaiian, Hispanic American, Asian Amer17 ican, Pacific Island American, Arab Americans, Per18 sian Americans and, as determined by the Secretary,

19 or children who are from environments in which a

20 dominant language is other than English.

21 (10) ‘‘parent’’ means any person who has day22 to-day parental responsibility for any child;

23 (11) ‘‘program’’ includes any program, service,

24 or activity, which is conducted full or part-time, day

25 or night, in early childhood education facilities, in
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1 schools, in neighborhood centers, or in homes, or

2 which provides early childhood education for children

3 whose parents are working or receiving education or

4 training;

5 (12) ‘‘Secretary’’ means the Secretary of Edu6 cation;

7 (13) ‘‘single parent’’ means any person who has

8 sole day-to-day responsibility for any child;

9 (14) ‘‘State’’ means each of the fifty States, the

10 District of Columbia, and the Commonwealth of

11 Puerto Rico, Guam, American Samoa, the Virgin Is12 lands, the Commonwealth of the Northern Mariana

13 Islands, and Palau (until the effective date of the

14 Compact of Free Association with the Government

15 of Palau); and

16 (15) ‘‘working mother’’ means any mother who

17 requires child care services under this Act in order

18 to undertake or continue full or part-time work,

19 training, or education outside the home.

20 SEC. 502. NUTRITION SERVICES.

21 In accordance with the purposes of this Act, the Sec22 retary of Education shall establish procedures to assure

23 that adequate nutrition services will be provided in early

24 childhood education programs under this Act. Such serv25 ices shall make use of the Special Food Services Program
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1 for children as defined under the National School Lunch

2 Act of 1946 and the Child Nutrition Act of 1966 to the

3 fullest extent appropriate and consistent with the provi4 sions of such Acts.

5 SEC. 503. SPECIAL PROVISIONS.

6 (a) GENERAL AUTHORITY.—The Secretary may

7 make such grants, contracts, or agreements, establish

8 such procedures, policies, rules, and regulations, and make

9 such payments, in installments and in advance or by way

10 of reimbursement, or otherwise allocate or expend funds

11 made available under this title, including necessary adjust12 ments in payments on account of overpayment or under13 payment. Subject to the provisions of section 504, the Sec14 retary may also withhold funds otherwise payable under

15 this Act in order to recover any amounts expended in the

16 current or immediately prior fiscal year in violation of any

17 provision of this title or any term or condition of assist18 ance under this title.

19 (b) REGULATIONS.—The Secretary shall prescribe

20 regulations to assure that programs under this title have

21 adequate internal administrative controls, accounting re22 quirements, personnel standards, evaluation procedures,

23 and other policies as may be necessary to promote the ef24 fective use of funds.
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1 (c) PROHIBITION ON DISCRIMINATION.—The Sec2 retary shall not provide financial assistance for any pro3 gram under this Act unless the grant, contract, or agree4 ment with respect thereto specifically provides that no per5 son with responsibilities in the operation of such program

6 will discriminate with respect to any program participant

7 or any applicant for participation in such program because

8 of race, creed, color, national origin, sex, sexual orienta9 tion, political affiliation, or beliefs.

10 (d) PROHIBITION ON POLITICAL ACTIVITIES.—The

11 Secretary shall not provide financial assistance for any

12 program under this Act which involves political activities;

13 and neither the program, the funds provided therefor, nor

14 personnel employed in the administration thereof, shall be,

15 in any way or to any extent, engaged in the conduct of

16 political activities.

17 (e) PROHIBITION ON SECTARIAN INSTRUCTION.—

18 The Secretary shall not provide financial assistance for

19 any program under this Act unless the Secretary deter20 mines that no funds will be used for, and no person will

21 be employed under the program on, the construction, oper22 ation, or maintenance of so much of any facility as is for

23 use for sectarian instruction or as a place for religious

24 worship.
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1 (f) PROHIBITION ON MEDICAL OR PSYCHOLOGICAL

2 EXAMINATION.—A child participating in a program as3 sisted under this Act shall not be required to undergo

4 medical or psychological examination (except to the extent

5 related to learning ability), or treatment, if the child’s par6 ent or guardian objects thereto.

7 SEC. 504. WITHHOLDING OF GRANTS.

8 Whenever the Secretary, after reasonable notice and

9 opportunity for a hearing to any prime sponsor or project

10 applicant, finds—

11 (1) that there has been a failure to comply sub12 stantially with any requirement set forth in the plan

13 of any such prime sponsor approved under section

14 104;

15 (2) that there has been a failure to comply sub16 stantially with any requirement set forth in the ap17 plication of any such project applicant approved pur18 suant section 105; or

19 (3) that in the operation of any program or

20 project carried out by any such prime sponsor or

21 project applicant under this Act there is a failure to

22 comply substantially with any applicable provision of

23 this Act or regulation promulgated thereunder; the

24 Secretary shall notify such prime sponsor or project

25 applicant of his/her findings and that no further
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1 payments may be made to such sponsor or applicant

2 under this Act until the Secretary is satisfied that

3 there is no longer any such failure to comply, or the

4 noncompliance will be promptly corrected. The Sec5 retary may authorize the continuation of payments

6 with respect to any project assisted under this Act

7 which is being carried out pursuant to such plan or

8 application and which is not involved in the non9 compliance.

10 SEC. 505. PUBLIC INFORMATION.

11 (a) PUBLIC ACCESS.—Applications for designation as

12 prime sponsors, comprehensive early childhood education

13 plans, project applications, and all written material per14 taining thereto shall be made readily available without

15 charge on the public by the prime sponsor, the applicant,

16 and the Secretary.

17 (b) NO EXPERIMENTATION.—The Secretary is di18 rected to establish appropriate procedures to ensure that

19 no child shall be the subject of any research or experimen20 tation under this Act other than routine testing and nor21 mal program evaluation unless the parent or guardian of

22 such child is informed of such research or experimentation

23 and is given an opportunity as of right to except such child

24 therefrom.
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1 (c) CONSTRUCTION.—Nothing in this Act shall be

2 construed or applied in such a manner as to infringe upon

3 or usurp the moral and legal rights and responsibilities

4 of parents or guardians with respect to the moral, mental,

5 emotional, or physical development of their children. Nor

6 shall any section of this Act be construed or applied in

7 such a manner as to permit any invasion of privacy other8 wise protected by law, or to abridge any legal remedies

9 for any such invasion which is otherwise provided by law.

Æ