I 

111TH CONGRESS 

1ST SESSION H. R. 2184 

To assist States in making voluntary high quality universal prekindergarten 

programs available to 3- to 5-year-olds for at least 1 year preceding 

kindergarten. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2009 

Mrs. MALONEY (for herself, Ms. SCHWARTZ, Mr. FATTAH, Mr. HINCHEY, and 

Ms. HIRONO) introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To assist States in making voluntary high quality universal 

prekindergarten programs available to 3- to 5-year-olds 

for at least 1 year preceding kindergarten. 

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. 

4 This Act may be cited as the ‘‘Prepare All Kids Act 

5 of 2009’’. 

6 SEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS. 

7 Title I of the Elementary and Secondary Education 

8 Act of 1965 (20 U.S.C. 6301 et seq.) is amended— 

9 (1) by redesignating part I as part J; and 


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1 (2) by inserting after part H the following: 

2 ‘‘PART I—HIGH QUALITY PREKINDERGARTEN 

3 PROGRAMS 

4 ‘‘SEC. 1841. FINDINGS. 

5 ‘‘Congress makes the following findings: 

6 ‘‘(1) Investments in children and early child7 hood development education should be a national 

8 priority. 

9 ‘‘(2) State-funded preschool is the most rapidly 

10 expanding segment of the United States educational 

11 system, but in many States a lack of stable funding 

12 poses an enormous threat to the provision or con13 tinuation of high quality preschool. 

14 ‘‘(3) Researchers, educators, and economists 

15 have long noted an achievement gap for low-income 

16 and minority students as compared to their more ad17 vantaged peers that is often already evident when 

18 children enter school for the first time. 

19 ‘‘(4) One study showed that before entering 

20 kindergarten, the average cognitive scores of pre21 school-age children in the highest socioeconomic 

22 group are 60 percent above the average scores of 

23 children in the lowest socioeconomic group. 

24 ‘‘(5) For low-income preschoolers, research 

25 shows that high quality early education and developVerDate Nov 24 2008 03:25 May 02, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2184.IH H2184

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1 ment is vital to closing the achievement gap between 

2 them and their more advantaged peers. 

3 ‘‘(6) Numerous studies have shown that high 

4 quality preschool programs— 

5 ‘‘(A) improve a number of specific life out6 comes for children; and 

7 ‘‘(B) are cost effective. 

8 ‘‘(7) The provision of high quality prekinder9 garten is a cost-effective investment for children and 

10 for the Nation. Research shows that for every $1 in11 vested in high quality early childhood programs, tax12 payers save up to $7 in crime, welfare, remedial and 

13 special education, and other costs. 

14 ‘‘(8) High quality early education increases aca15 demic success for schoolchildren who received that 

16 education by— 

17 ‘‘(A) improving skills in areas such as fol18 lowing directions and problem solving; 

19 ‘‘(B) improving children’s performance on 

20 standardized tests; 

21 ‘‘(C) reducing grade repetition; 

22 ‘‘(D) reducing the number of children 

23 placed in special education; and 

24 ‘‘(E) increasing high school graduation 

25 rates. 


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1 ‘‘(9) High quality early education promotes re2 sponsible behavior by teens and adults who received 

3 that education by— 

4 ‘‘(A) reducing crime, delinquency, and 

5 unhealthy behaviors such as smoking and drug 

6 use; 

7 ‘‘(B) lowering rates of teen pregnancy; 

8 ‘‘(C) leading to greater employment and 

9 higher wages for adults; and 

10 ‘‘(D) contributing to more stable families. 

11 ‘‘(10) High quality prekindergarten programs 

12 prepare children to— 

13 ‘‘(A) succeed in school; 

14 ‘‘(B) achieve higher levels of education; 

15 and 

16 ‘‘(C) become citizens who— 

17 ‘‘(i) earn more in adulthood; 

18 ‘‘(ii) compete in the global economy; 

19 and 

20 ‘‘(iii) contribute to our national pros21 perity. 

22 ‘‘SEC. 1842. DEFINITIONS. 

23 ‘‘In this part: 


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1 ‘‘(1) FULL-DAY.—The term ‘full-day’, used with 

2 respect to a program, means a program with a min3 imum of a 6-hour schedule per day. 

4 ‘‘(2) POVERTY LINE.—The term ‘poverty line’ 

5 has the meaning given the term in section 673(2) of 

6 the Community Services Block Grant Act (42 U.S.C. 

7 9902(2)) and includes any revision required by that 

8 section. 

9 ‘‘(3) PREKINDERGARTEN.—The term ‘pre10 kindergarten’ means a program that— 

11 ‘‘(A) serves children who are ages 3 

12 through 5; 

13 ‘‘(B) supports children’s cognitive, social, 

14 emotional, and physical development and ap15 proaches to learning; and 

16 ‘‘(C) helps prepare children for a success17 ful transition to kindergarten. 

18 ‘‘(4) PREKINDERGARTEN TEACHER.—The term 

19 ‘prekindergarten teacher’ means an individual who— 

20 ‘‘(A) has a bachelor of arts degree with a 

21 specialization in early childhood education or 

22 early childhood development; or 

23 ‘‘(B) during the 6-year period following the 

24 first date on which the individual is employed 


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1 as such a teacher under this part, is working 

2 toward that degree. 

3 ‘‘(5) QUALIFIED PREKINDERGARTEN PRO4 VIDER.—The term ‘qualified prekindergarten pro5 vider’ includes a provider of a prekindergarten pro6 gram, a Head Start agency, a provider of a child 

7 care program, a school, and a for-profit or nonprofit 

8 organization that— 

9 ‘‘(A) is in existence on the date of the 

10 qualification determination; and 

11 ‘‘(B) has met applicable requirements 

12 under State or local law that are designed to 

13 protect the health and safety of children and 

14 that are applicable to child care providers. 

15 ‘‘SEC. 1843. PROGRAM AUTHORIZATION. 

16 ‘‘(a) PREKINDERGARTEN INCENTIVE FUND.—The 

17 Secretary, in collaboration and consultation with the Sec18 retary of Health and Human Services, shall create a Pre19 kindergarten Incentive Fund, to be administered by the 

20 Secretary of Education. 

21 ‘‘(b) GRANTS.—In administering the Fund, the Sec22 retary shall award grants to eligible States based on a for23 mula established by the Secretary in accordance with sub24 section (c), to pay for the Federal share of the cost of 

25 awarding subgrants to qualified prekindergarten providers 


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1 to establish, expand, or enhance voluntary high quality 

2 full-day prekindergarten programs. 

3 ‘‘(c) MINIMUM ALLOTMENT.—No State shall receive 

4 a grant allotment under subsection (b) for a fiscal year 

5 that is less than one-half of 1 percent of the total amount 

6 made available to carry out this part for such fiscal year. 

7 ‘‘SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS. 

8 ‘‘(a) DESIGNATED STATE AGENCY.—To be eligible to 

9 receive a grant under this part, a State shall designate 

10 a State agency to administer the State program of assist11 ance for prekindergarten programs funded through the 

12 grant, including receiving and administering funds and 

13 monitoring the programs. 

14 ‘‘(b) STATE APPLICATION.—In order for a State to 

15 be eligible to receive a grant under this part, the des16 ignated State agency shall submit an application to the 

17 Secretary at such time, in such manner, and containing 

18 such information as the Secretary may reasonably require, 

19 including— 

20 ‘‘(1) an assurance that the State will award 

21 subgrants for prekindergarten programs that are 

22 sufficient to provide a high quality prekindergarten 

23 experience; 

24 ‘‘(2) an assurance that not less than 25 percent 

25 of the qualified prekindergarten providers receiving 


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1 such subgrants will be providers of community-based 

2 programs; 

3 ‘‘(3) a description of the number of children in 

4 the State who are eligible for the prekindergarten 

5 programs and the needs that will be served through 

6 the prekindergarten programs; 

7 ‘‘(4) a description of how the State will ensure 

8 that the subgrants are awarded to a wide range of 

9 types of qualified prekindergarten providers; 

10 ‘‘(5) a description of how the designated State 

11 agency will collaborate and coordinate activities with 

12 the State Advisory Council on Early Childhood Edu13 cation and Care, State-funded providers of pre14 kindergarten programs, providers of federally funded 

15 programs such as Head Start agencies, local edu16 cational agencies, and child care providers; 

17 ‘‘(6) a description of how the State will ensure, 

18 through a monitoring process, that qualified pre19 kindergarten providers receiving the subgrants pro20 vide programs that meet the standards of high qual21 ity early education, and use funds appropriately; 

22 ‘‘(7) a description of how the State will meet 

23 the needs of the most disadvantaged students, in24 cluding families at or below 200 percent of the pov25 erty line; 


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1 ‘‘(8) a description of how the State will meet 

2 the needs of working parents; and 

3 ‘‘(9) a description of how the State will assist 

4 in providing professional development assistance to 

5 prekindergarten teachers and teacher aides. 

6 ‘‘(c) FEDERAL SHARE.—The Federal share of the 

7 cost described in section 1843(b) shall be 50 percent. The 

8 State shall provide the non-Federal share of the cost in 

9 cash. 

10 ‘‘(d) SUPPLEMENTARY FEDERAL FUNDING.—Funds 

11 made available under this part may be used only to supple12 ment and not supplant other Federal, State, local, or pri13 vate funds that would, in the absence of the funds made 

14 available under this part, be made available for early child15 hood programs. 

16 ‘‘(e) MAINTENANCE OF EFFORT.—A State that re17 ceives a grant under this part for a fiscal year shall main18 tain the expenditures of the State for early childhood pro19 grams at a level not less than the level of such expendi20 tures of the State for the preceding fiscal year. 

21 ‘‘SEC. 1845. STATE SET ASIDES AND EXPENDITURES. 

22 ‘‘(a) INFANT AND TODDLER SET ASIDE.—Notwith23 standing sections 1842 and 1843, a State shall set aside 

24 not less than 15 percent of the funds made available 

25 through a grant awarded under this part for the purpose 


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1 of funding high quality early childhood development pro2 grams for children who are ages 0 through 3. Funds made 

3 available under this subsection may also be used for pro4 fessional development for teachers and teacher aides in 

5 classrooms for children who are ages 0 through 3. 

6 ‘‘(b) EXTENDED DAY AND EXTENDED YEAR SET

7 ASIDE.—Notwithstanding section 1843, a State shall set 

8 aside not less than 10 percent of the funds made available 

9 through a grant awarded under this part for the purpose 

10 of extending the hours of early childhood programs to cre11 ate extended day and extended year programs. 

12 ‘‘(c) ADMINISTRATIVE EXPENSES.—Not more than 5 

13 percent of the funds made available through such a grant 

14 may be used for administrative expenses, including moni15 toring. 

16 ‘‘SEC. 1846. LOCAL APPLICATIONS. 

17 ‘‘To be eligible to receive a subgrant under this part, 

18 a qualified prekindergarten provider shall submit an appli19 cation to the designated State agency at such time, in such 

20 manner, and containing such information as the agency 

21 may reasonably require, including— 

22 ‘‘(1) a description of how the qualified pre23 kindergarten provider will meet the diverse needs of 

24 children in the community to be served, including 

25 children with disabilities, whose native language is 


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1 not English, or with other special needs, children in 

2 the State foster care system, and homeless children; 

3 ‘‘(2) a description of how the qualified pre4 kindergarten provider will serve eligible children who 

5 are not served through similar services or programs; 

6 ‘‘(3) a description of a plan for actively involv7 ing parents and families in the prekindergarten pro8 gram and the success of their children in the pro9 gram; 

10 ‘‘(4) a description of how children in the pre11 kindergarten program, and their parents and fami12 lies, will receive referrals to, or assistance with, ac13 cessing supportive services provided within the com14 munity; 

15 ‘‘(5) a description of how the qualified pre16 kindergarten provider collaborates with the State 

17 Advisory Council on Early Childhood Education and 

18 Care and providers of other programs serving chil19 dren and families, including Head Start agencies, 

20 providers of child care programs, and local edu21 cational agencies, to meet the needs of children, 

22 families, and working families, as appropriate; and 

23 ‘‘(6) a description of how the qualified pre24 kindergarten provider will collaborate with local edu25 cational agencies to ensure a smooth transition for 


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1 participating students from the prekindergarten pro2 gram to kindergarten and early elementary edu3 cation. 

4 ‘‘SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM RE5 QUIREMENTS. 

6 ‘‘(a) MANDATORY USES OF FUNDS.—A qualified pre7 kindergarten provider that receives a subgrant under this 

8 part shall use funds received through the grant to estab9 lish, expand, or enhance prekindergarten programs for 

10 children who are ages 3 through 5, including— 

11 ‘‘(1) providing a prekindergarten program that 

12 supports children’s cognitive, social, emotional, and 

13 physical development and approaches to learning, 

14 and helps prepare children for a successful transi15 tion to kindergarten; and 

16 ‘‘(2) purchasing educational equipment, includ17 ing educational materials, necessary to provide a 

18 high quality prekindergarten program. 

19 ‘‘(b) PERMISSIBLE USE OF FUNDS.—A qualified pre20 kindergarten provider that receives a subgrant under this 

21 part may use funds received through the grant to— 

22 ‘‘(1) extend part-day prekindergarten programs 

23 to full-day prekindergarten programs and year-round 

24 programs; 


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1 ‘‘(2) pay for transporting students to and from 

2 a prekindergarten program; and 

3 ‘‘(3) provide professional development assist4 ance to prekindergarten teachers and teacher aides. 

5 ‘‘(c) PROGRAM REQUIREMENTS.—A qualified pre6 kindergarten provider that receives a subgrant under this 

7 part shall carry out a high quality prekindergarten pro8 gram by— 

9 ‘‘(1) maintaining a maximum class size of 20 

10 children, with at least 1 prekindergarten teacher per 

11 classroom; 

12 ‘‘(2) ensuring that the ratio of children to pre13 kindergarten teachers and teacher aides shall not ex14 ceed 10 to 1; 

15 ‘‘(3) utilizing a prekindergarten curriculum that 

16 is research- and evidence-based, developmentally ap17 propriate, and designed to support children’s cog18 nitive, social, emotional, and physical development, 

19 and approaches to learning; and 

20 ‘‘(4) ensuring that prekindergarten teachers 

21 meet the requirements of this part. 

22 ‘‘SEC. 1848. REPORTING. 

23 ‘‘(a) QUALIFIED PREKINDERGARTEN PROVIDER RE24 PORTS.—Each qualified prekindergarten provider that re25 ceives a subgrant from a State under this part shall subVerDate Nov 24 2008 03:25 May 02, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2184.IH H2184

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1 mit an annual report, to the designated State agency, that 

2 reviews the effectiveness of the prekindergarten program 

3 provided. Such annual report shall include— 

4 ‘‘(1) data specifying the number and ages of en5 rolled children, and the family income, race, gender, 

6 disability, and native language of such children; 

7 ‘‘(2) a description of— 

8 ‘‘(A) the curriculum used by the program; 

9 ‘‘(B) how the curriculum supports chil10 dren’s cognitive, social, emotional, and physical 

11 development and approaches to learning; and 

12 ‘‘(C) how the curriculum is appropriate for 

13 children of the culture, language, and ages of 

14 the children served; and 

15 ‘‘(3) a statement of all sources of funding re16 ceived by the program, including Federal, State, 

17 local, and private funds. 

18 ‘‘(b) STATE REPORTS.—Each State that receives a 

19 grant under this part shall submit an annual report to 

20 the Secretary detailing the effectiveness of all prekinder21 garten programs funded under this part in the State. 

22 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall 

23 submit an annual report to Congress that describes the 

24 State programs of assistance for prekindergarten pro25 grams funded under this part. 


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1 ‘‘SEC. 1849. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this part such sums as may be necessary for fiscal years 

4 2010 through 2014.’’. 

5 SEC. 3. CONFORMING AMENDMENTS. 

6 (a) TABLE OF CONTENTS.—The table of contents in 

7 section 1(b) of the Elementary and Secondary Education 

8 Act of 1965 is amended— 

9 (1) by striking the item relating to the part 

10 heading for part I of title I and inserting the fol11 lowing: 

‘‘PART J—GENERAL PROVISIONS’’; 

12 and 

13 (2) by inserting after the items relating to part 

14 I of title I and inserting the following: 

‘‘PART I—HIGH QUALITY FULL-DAY PREKINDERGARTEN PROGRAMS

‘‘Sec. 1841. Findings. 

‘‘Sec. 1842. Definitions. 

‘‘Sec. 1843. Program authorization. 

‘‘Sec. 1844. State applications and requirements. 

‘‘Sec. 1845. State set asides and expenditures. 

‘‘Sec. 1846. Local applications. 

‘‘Sec. 1847. Local prekindergarten program requirements. 

‘‘Sec. 1848. Reporting. 

‘‘Sec. 1849. Authorization of appropriations.’’. 

15 (b) PROVISIONS.—Sections 1304(c)(2) and 

16 1415(a)(2)(C) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6394(c)(2), 6435(a)(2)(C)) 

18 are amended by striking ‘‘part I’’ and inserting ‘‘part J’’. 

Æ 


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