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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3201 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3201

 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

                           September 30, 1993

 Mrs. Mink (for herself, Mr. Abercrombie, Mr. Blackwell, Mr. Becerra, 
 Ms. Byrne, Mrs. Clayton, Mr. Coleman, Mrs. Collins of Illinois, Miss 
     Collins of Michigan, Mr. Dellums, Mr. de Lugo, Mr. Edwards of 
 California, Mr. Faleomavaega, Mr. Filner, Mr. Gilman, Mrs. Kennelly, 
 Mr. Martinez, Mr. Matsui, Ms. McKinney, Mr. Miller of California, Mr. 
Mineta, Mr. Nadler, Mr. Owens, Ms. Pelosi, Mr. Rangel, Mr. Sanders, Ms. 
  Slaughter, Mr. Towns, Mr. Tucker, Mrs. Unsoeld, Mr. Washington, Ms. 
   Waters, and Ms. Woolsey) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Early Childhood Education Act of 1993''.
    (b) Table of Contents.--The Table of Contents for this Act is as 
Follows--

Sec. 1. Short Title; Table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
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.

SEC. 2. FINDINGS.

    The Congress makes the following findings--
            (1) millions of children in the Nation are suffering 
        unnecessary harm from the lack of adequate early childhood 
        education;
            (2) comprehensive early childhood education programs, 
        including a full range of health and social services, are 
        essential to the achievement of the full potential of the 
        Nation's children and should be available as a matter of right 
        to all children whose parents or legal guardians shall request 
        them regardless of economic, social, and family backgrounds;
            (3) children with special needs must receive full 
        consideration in planning any early childhood education 
        programs and, pending the availability of such programs for all 
        children, priority must be given to preschool children with the 
        greatest economic and social need;
            (4) no mother should be forced to work outside the home as 
        a condition for availing herself to early childhood education 
        programs, such programs are essential to allow many parents to 
        undertake or continue full or part-time employment, training, 
        or education;
            (5) comprehensive early childhood education programs not 
        only provide a means of delivering a full range of essential 
        services to children, but can also furnish meaningful 
        employment opportunities for many individuals, including older 
        persons, parents, young persons, and volunteers;
            (6) it is essential that the planning and operation of such 
        programs be undertaken as a partnership of parents, community, 
        and State and local government with appropriate assistance from 
        the Federal Government.

SEC. 3. PURPOSE.

    It is the purpose of this Act to provide every child with a fair 
and full opportunity to reach his or her full potential by establishing 
and expanding comprehensive early childhood education programs, and 
services designed to--
            (1) assure the sound and coordinated development of these 
        programs;
            (2) recognize and build upon the experience and success 
        gained through the Headstart program and similar efforts;
            (3) furnish early childhood education services for those 
        children who need them most, with special emphasis on preschool 
        programs for economically disadvantaged children, and for 
        children of working mothers and single parent families; and
            (4) provide that decisions on the nature of funding of such 
        programs be made at the community level with the direct 
        participation of parents of the children and other individuals 
        and organizations in the community interested in early 
        childhood education serve in the development, conduct, and 
        overall direction of programs at the community level, and to 
        establish the legislative framework for the future expansion of 
        such programs to universally available early childhood 
        education services.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) For the purpose of carrying out this Act, there is authorized 
to be appropriated $2,000,000,000 for the fiscal year beginning October 
1, 1995 and such sums as may be necessary in each of the succeeding 
fiscal years through 1999. Any amounts appropriated for such fiscal 
year which are not obligated at the end of such fiscal year may be 
obligated in the succeeding fiscal year.
    (b) For the purpose of providing training, technical assistance, 
planning, and such other activities as the Secretary deems necessary 
and appropriate to prepare for the implementation of this title, there 
is authorized to be appropriated $100,000,000 for the fiscal year 
beginning October 1, 1994.

SEC. 5. ALLOCATION OF FUNDS.

    (a) The amounts appropriated for carrying out this title for any 
fiscal year beginning October 1, 1995 shall be made available in the 
following manner:
            (1) $500,000,000 shall be used for the purpose of providing 
        assistance under titles I, II, and IV of this Act for early 
        childhood education programs focused upon young children from 
        low-income families.
            (2) Not to exceed 10 percent of the remaining amounts so 
        appropriated shall be used for the purpose of carrying out 
        titles II, III, and IV of this Act, as the Secretary deems 
        appropriate; and
            (3) The remainder of such amounts shall be used for the 
        purpose of carrying out title I of this Act.
    (b)(1) From the amount available for carrying out comprehensive 
early childhood education programs under title I of this Act, the 
Secretary shall reserve the following--
            (A) not less than that proportion of the total amount 
        available for carrying out title I as is equivalent to that 
        proportion which the total number of children of migrant 
        agricultural workers bears to the total number of economically 
        disadvantaged children in the United States, which shall be 
        apportioned among programs serving children of migrant 
        agricultural workers on an equitable basis, and to the extent 
        practicable in proportion to the relative numbers of children 
        served in each such program;
            (B) not less than that proportion of the total amount 
        available for carrying out title I as is equivalent to that 
        proportion which the total number of children on Federal and 
        State Indian reservations bears to the total number of 
        economically disadvantaged children in the United States, which 
        shall be apportioned among programs serving children on Federal 
        and State Indian reservation on an equitable basis, and to the 
        extent practicable in proportion to the relative number of 
        children residing on each such reservation;
            (C) not less than that proportion of the total amount 
        available for carrying out title I as is equivalent to that 
        proportion which the total number of Native Hawaiian children 
        bears to the total number of economically disadvantaged 
        children in the United States, which shall be apportioned among 
        programs serving Native Hawaiian children on an equitable 
        basis, and to the extent practicable in proportion to the 
        relative numbers of children served in each such program;
            (D) not less than 10 percent of the total amount available 
        for carrying out title I, which shall be made available for the 
        purposes of section 101(b)(2)(I) of such title (relating to 
        special activities for children with disabilities); and
            (E) not to exceed 5 percent of the total amount available 
        for carrying out title I, which shall be made available under 
        section 102(f)(3) of such title (relating to model programs)
    (2) The remainder of the amounts available for carrying out title I 
of this Act shall be allocated by the Secretary on an equitable basis, 
and to the extent practicable such funds shall be apportioned in such a 
manner that--
            (A) 50 percent of such remainder shall be apportioned among 
        the States and localities within each State in proportion to 
        the relative numbers of economically disadvantaged children in 
        each such State and locality, respectively;
            (B) 25 percent of such remainder shall be apportioned among 
        the States and localities within each State in proportion to 
        the relative numbers of children who have not attained six 
        years of age in each such State or locality, respectively;
            (C) 25 percent of such remainder shall be apportioned among 
        the States and localities within each State in proportion to 
        the relative numbers of children of working mothers and single 
        parents in each such State and locality, respectively.
For the purposes of clauses (A), (B), and (C) of this paragraph, there 
shall be excluded those children who are counted under clauses (A), 
(B), and (C) of subsection (b)(1) of this section.
    (3) In determining the numbers of children for purposes of 
allocating and apportioning funds under this section, the Secretary 
shall use the most recent satisfactory data available.
    (c) Not to exceed 5 percent of the total funds apportioned for use 
within a State pursuant to subsection (b)(2) may be made available for 
grants to the State to carry out the provisions of section 106 of this 
Act.
    (d) As soon as practicable after funds are appropriated to carry 
out this Act for any fiscal year, the Secretary shall publish in the 
Federal Register the apportionments required by this section.

       TITLE I--COMPREHENSIVE EARLY CHILDHOOD EDUCATION PROGRAMS

SEC. 101. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary of Education shall provide financial 
assistance for carrying out early childhood education programs under 
this part to prime sponsors and to other public and private nonprofit 
agencies and organizations pursuant to plans and applications approved 
in accordance with the provisions of this title.
    (b) Use of Funds.--Funds available for this part may be used (in 
accordance with approved applications) for the following services and 
activities--
            (1) planning and developing early childhood education 
        programs, including the operation of pilot programs to test the 
        effectiveness of new concepts, programs, and delivery systems;
            (2) establishing, maintaining, and operating early 
        childhood education program, which may include--
                    (A) comprehensive physical and mental health, 
                social, and cognitive development services necessary 
                for children participating in the program to profit 
                fully from their educational opportunities and to 
                attain their maximum potential;
                    (B) food and nutritional services (including family 
                consultation);
                    (C) rental, remodeling, renovation, alteration, 
                construction, or acquisition of facilities, including 
                mobile facilities, and the acquisition of necessary 
                equipment and supplies;
                    (D) programs designed (i) to meet the special needs 
                of minority groups, Native Americans, Alaskan Natives 
                and Native Hawaiians, and migrant children with 
                particular emphasis on the needs of children with 
                limited English proficiency for the development of 
                skills in English and another language spoken in the 
                home, and (ii) to meet the needs of all children to 
                understand the history and cultural backgrounds of the 
                ethnic groups which belong to their communities and the 
                role of members of such ethnic groups in the history 
                and cultural development of the Nation and of the 
                region in which they reside;
                    (E) a program of daily activities designed to 
                develop fully each child's potential;
                    (F) other specially designed health, social, and 
                educational programs (including after school, summer, 
                weekend, vacation, and overnight programs);
                    (G) medical, dental, psychological, educational, 
                and other appropriate diagnosis, identification, and 
                treatment of visual, hearing, speech, nutritional, and 
                other physical, mental, and emotional barriers to full 
                participation in child education and development 
                programs, including programs for preschool and other 
                children who are emotionally disturbed;
                    (H) prenatal and other medical services to 
                expectant mothers who cannot afford such services, 
                designed to help reduce malnutrition, infant and 
                maternal mortality, and the incidence of mental 
                retardation and other disabling conditions, and 
                postpartum and other medical services (including family 
                planning information) to such recent mothers;
                    (I) incorporation within early childhood education 
                programs of special activities designed to identify and 
                ameliorate identified physical, mental, and emotional 
                disabilities and special learning disabilities;
                    (J) preservice and inservice education and other 
                training for professional and paraprofessional 
                personnel;
                    (K) dissemination of information in the functional 
                language of those to be served to assure that parents 
                are well informed of early childhood education programs 
                available to them and may participate in such programs;
                    (L) services, including in-home services, and 
                training in the fundamentals of child development, for 
                parents, older family members functioning in the 
                capacity of parents, youth, and prospective parents;
                    (M) programs designed to extend comprehensive 
                prekindergarten early childhood education techniques 
                and gains (particularly parent participation) into 
                kindergarten and early primary grades (one through 
                three), in cooperation with local educational agencies, 
                including--
                            (i) the use of former assistant Headstart 
                        teachers or similar early childhood education 
                        teachers as instructional aides (in addition to 
                        those employed by the schools involved) working 
                        closely with classroom teachers in the 
                        kindergarten and such early primary grades in 
                        which are enrolled children they taught in 
                        Headstart or other early childhood programs;
                            (ii) providing for full participation of 
                        parents of the children involved in program 
                        planning, implementation, and decisionmaking; 
                        and
                            (iii) for career development opportunities 
                        and advancement through continuing education 
                        and training for instructional aides involved 
                        (including teaching salaries, educational 
                        stipends for tuition, books, and tutoring, 
                        career counseling, arrangements for academic 
                        credit for independent study, fieldwork based 
                        on their teaching assignments, and preservice 
                        and inservice training) and for the classroom 
                        teachers and principals involved; and
                    (N) such other services and activities as the 
                Secretary deems appropriate in furtherance of the 
                purposes of this part; and
            (3) staff and other administrative expenses of early 
        childhood education councils established and operated in 
        accordance with this title.

SEC. 102. PRIME SPONSORS OF EARLY CHILDHOOD DEVELOPMENT PROGRAMS.

    (a) In accordance with the provisions of this section, a State, 
locality, combination of localities, Indian tribe on a Federal or State 
reservation, or public or private nonprofit agency or organization, 
meeting the requirements of this Act may be designated by the Secretary 
as prime sponsor for the purpose of entering into arrangements to carry 
out early childhood education programs under this part, upon the 
approval by the Secretary of a prime sponsorship plan, which includes 
provisions--
            (1) describing the prime sponsorship area to be served;
            (2) setting forth satisfactory provisions of establishing 
        and maintaining an Early Childhood Education Council which 
        meets the requirements of section 103 of this Act;
            (3) providing that the Early Childhood Education Council 
        shall be responsible for developing and preparing a 
        comprehensive early childhood education plan for each fiscal 
        year and any modification thereof;
            (4) setting forth arrangements under which the Early 
        Childhood Education Council will be responsible for planning, 
        supervising, coordinating, monitoring, and evaluating early 
        childhood education programs in the prime sponsorship area;
            (5) providing adequate assurances that staff and other 
        administrative expenses for the Early Childhood Education 
        Council under subsection (b) paragraph (3) of section 101 will 
        not exceed 5 percent of the total cost of comprehensive early 
        childhood education programs administered by the prime sponsor 
        unless such percentage limitation is increased to give special 
        consideration to initial costs in the first operations year or 
        to other special needs, in accordance with regulations which 
        the Secretary shall prescribe; and
            (6) providing assurances, to the extent necessary to carry 
        out comprehensive early childhood education programs in the 
        area to be served, of the capacity to provide, or to enter into 
        arrangements with appropriate State, local or other agencies 
        for linkages to provide--
                    (A) related family, social and rehabilitative 
                service;
                    (B) coordination with educational agencies and 
                providers of educational services;
                    (C) health (including family planning) and mental 
                health services;
                    (D) nutrition services; and
                    (E) training of professional and paraprofessional 
                personnel.
    (b) The Secretary shall approve a prime sponsorship plan submitted 
by a locality which is a (1) city, (2) country, or (3) other unit of 
general local government, if the Secretary determines that the plan so 
submitted meets the requirements of subsection (a) of this section and 
includes adequate provisions for carrying out comprehensive early 
childhood education programs in area of such locality. In the event 
that an area under the jurisdiction of a unit of general local 
government described in clause (1), (2), or (3) of the preceding 
sentence includes any common geographical area with that covered by 
another such unit of general local government, the Secretary shall 
designate to serve such area the unit of general local government which 
the Secretary determines has the capability of more effectively 
carrying out the purposes of this title with respect to such area and 
which has submitted a plan which meets the requirements of this section 
and includes adequate provisions for carrying out comprehensive early 
childhood education programs in such area.
    (c)(1) In the event that the Secretary determines that a locality 
fails to meet the requirements for designation as a prime sponsor under 
subsection (b) of this sec- tion for the reason that it lacks the 
capability of meeting the requirements of clause (5) (concerning the 
limitation in administrative expenses for Early Childhood Education 
Councils) or clause (6) (concerning the capacity to provide or to enter 
into arrangements for linkages to provide services related to early 
childhood education) of subsection (a), the Secretary shall take steps 
to encourage the submission of a prime sponsorship plan, covering the 
area of such locality, by a combination of localities which are 
adjoining and possess a sufficient commonality of interest.
    (2) The Secretary shall approve a prime sponsorship plan submitted 
by a combination of localities if the Secretary determines that the 
plan so submitted meets the requirements of subsection (a) of this 
section and includes adequate provisions for carrying out comprehensive 
early childhood education programs in the area covered by the 
combination of such localities.
    (d) The Secretary shall approve a prime sponsorship plan submitted 
by an Indian tribe on a Federal or State reservation if the Secretary 
determines that the plan so submitted meets the requirements of 
subsection (a) of this section and includes adequate provisions for 
carrying out comprehensive early childhood education programs in the 
area to be served.
    (e) In the event that the Secretary determines, with respect to the 
area of a particular locality, that a prime sponsorship plan meeting 
the requirements of this section has not been submitted by a locality 
or combination of localities covering such areas, or by an Indian tribe 
on a Federal or State reservation, or in the event that prime 
sponsorship designation has been withdrawn in accordance with 
subsection (h) of this section, the Secretary may, with respect to the 
impending fiscal year when no such prime sponsorship designation will 
be in effect, approve a plan submitted by the State which meets the 
requirements of subsection (a) of this section and includes adequate 
provisions for carrying out comprehensive early childhood education 
program in each such area.
    (f) The Secretary may approve a prime sponsorship plan submitted by 
a public or private nonprofit agency, including but not limited to a 
community action agency, single purpose Headstart agency, community 
development corporation, parent cooperative, organization of migrant 
agricultural workers, organization of Native Americans, Alaskan Natives 
or Native Hawaiians, employer organizations, or public or private 
educational agency or institution, the Secretary determines that the 
plan so submitted meets the requirements of subsection (a) of this 
section and includes--
            (1) provisions setting forth arrangements for serving 
        children in a neighborhood or other area possessing a 
        commonality of interest in the area of any locality with 
        respect to which there is not prime sponsorship designation in 
        effect, or with respect to any portion of an area where the 
        prime sponsor is found not to be satisfactorily implementing 
        early childhood education program which adequately meets the 
        purposes of this part, or for making available special 
        services, in accordance with criteria established by the 
        Secretary, designed to meet the needs of economically 
        disadvantaged or preschool children; or
            (2) arrangements for providing comprehensive early 
        childhood education programs on a year-round basis to children 
        of migrant agricultural workers and their families; or
            (3) arrangements for carrying out model programs especially 
        designed to be responsive to the needs of economically 
        disadvantaged, minority groups, or limited English proficient 
        preschool children.
    (g) The Governor of the State shall in accordance with regulations 
which the Secretary shall prescribe, be given a reasonable opportunity 
to review and offer recommendations to any applicant submitting a plan 
for prime sponsorship designation under this section, and to submit 
comments to the Secretary with respect to any plan so submitted.
    (h) A prime sponsorship plan submitted under this section may be 
disapproved or a prior designation of a prime sponsor may be withdrawn 
only if the Secretary, in accordance with regulations prescribed by the 
Secretary, has provided--
            (1) written notice of intention to disapprove such plan, 
        including a statement of the reasons,
            (2) a reasonable time in which to submit corrective 
        amendments to such plan or undertake other necessary corrective 
        action, and
            (3) an opportunity for a public hearing upon which basis an 
        appeal to the Secretary may be taken as of right.
    (i)(1) If any party is dissatisfied with the Secretary's final 
action under subsection (h) with respect to the disapproval of its plan 
submitted under this section or the withdrawal of its prime sponsorship 
designation, such party may, within sixty days after notice of such 
action, file with the United States court of appeals for the circuit in 
which such party is located a petition for review of that action. A 
copy of the petition shall be forthwith transmitted by the clerk of the 
court to the Secretary. The Secretary thereupon shall file in the court 
the record of the proceeding on which the Secretary based his/her 
action, as provided in section 2112 of title 28, United States Code.
    (2) The court shall have jurisdiction to affirm the action of the 
Secretary or to set it aside, in whole or in part. The judgement of the 
court shall be subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28, United States Code.

SEC. 103. EARLY CHILDHOOD EDUCATION COUNCILS.

    (a) Each prime sponsor designed under section 102 shall establish 
and maintain an Early Childhood Education Council consisting of not 
less than ten members comprised as follows--
            (1) not less than half of the members of such Council shall 
        be parents of children served in early childhood education 
        programs under this Act; and
            (2) the remaining members of such Council shall be 
        appointed by the chief executive officer or officers of the 
        prime sponsor to represent the public, but
                    (A) not less than half of such members shall be 
                persons who are broadly representative of the general 
                public, including government agencies, public and 
                private agencies and organizations in such field as 
                economic opportunity, health, education, welfare, 
                employment and training, business or financial 
                organizations or institutions, labor unions, and 
                employers, and who are approved by the parent members 
                described in paragraph (1), and
                    (B) the remaining members the number of which shall 
                be either equal to or one less than the number of 
                members appointed under clause (A), shall be persons 
                who are particularly skilled by virtue of training or 
                experience in early childhood education, child 
                development, child health, child welfare, or other 
                child services, except that the Secretary may waive the 
                requirements of this clause (B) to the extent that the 
                Secretary determines, in accordance with regulations 
                prescribed by the Secretary, that such person are not 
                available to the area to be served.
    (b) In accordance with procedures with the Secretary shall 
establish pursuant to regulations, each prime sponsor designed under 
section 102 shall provide, with respect to the Early Childhood 
Education Council established and maintained by such prime sponsor, 
that--
            (1) the parent members described in paragraph (1) of 
        subsection (a) of this section shall be chosen by the 
        membership of Headstart policy committees where they exist, 
        and, at the earliest practicable time, by project policy 
        committees established pursuant to section 105(a)(2) of this 
        Act;
            (2) not less than one-fourth of the total membership of 
        such Council shall be persons broadly representative of the 
        economically disadvantaged;
            (3) the terms of office and any other policies and 
        procedures of an organizational nature, including nomination 
        and election procedures, are appropriate in accordance with the 
        purposes of this Act;
            (4) such Council shall have responsibility for approving 
        basic goals, policies, actions, and procedures for the prime 
        sponsor, including policies with respect to planning, general 
        supervision and oversight, overall coordination, personnel, 
        budgeting, funding of projects, and monitoring and evaluation 
        of projects; and
            (5) such Council shall, upon its own initiatives or upon 
        request of a project applicant or any other party in interest, 
        conduct public hearings before acting upon applications for 
        financial assistance submitted by project applicants under this 
        Act.

SEC. 104. COMPREHENSIVE EARLY CHILDHOOD EDUCATION PLANS.

    (a) Financial assistance under this part may be provided by the 
Secretary for any fiscal year to a prime sponsor designated pursuant to 
section 102 only pursuant to a comprehensive early childhood education 
plan which is submitted by such prime sponsor and approved by the 
Secretary in accordance with the provisions of this part. Any such plan 
shall set forth a comprehensive program providing early childhood 
education services in the prime sponsorship area which--
            (1) identifies all early childhood education needs and 
        goals within the area and describes the purposes for which the 
        financial assistance will be used;
            (2) meets the needs of children in the prime sponsorship 
        area, to the extent that available funds can be reasonably 
        expected to have an effective impact, including infant care and 
        before and after school programs for children in school with 
        priority to children who have not attained six years of age;
            (3) gives priority to meeting the special needs of 
        economically disadvantaged children by providing that not less 
        than 65 percent of the total cost of programs receiving 
        financial assistance under section 4(b) shall be for early 
        childhood education programs for economically disadvantaged 
        children;
            (4) gives priority thereafter to providing early childhood 
        education programs and services to children of single parents 
        and working mothers not covered under paragraph (3);
            (5) provides procedures for the approval of project 
        applications submitted in accordance with section 105;
            (6) provides, in the case of a prime sponsor located within 
        or adjacent to a metropolitan area, for coordination with other 
        prime sponsors located within such metropolitan area, and 
        arrangements for cooperative funding where appropriate, and 
        particularly for such coordination where appropriate meet the 
        needs for early childhood education services of children of 
        parents working or participating in training or otherwise 
        occupied during the day within a prime sponsorship area other 
        than that in which they reside;
            (7) provides that, to the extent feasible, each program 
        within the prime sponsorship area will include children from a 
        range of socioeconomic backgrounds;
            (8) provides comprehensive services (A) to meet the special 
        needs of minority group children of migrant agricultural 
        workers with particular emphasis on the needs of children from 
        bilingual families for development of skills in English and in 
        the other language spoken in the home, and (B) to meet the need 
        of all children to understand the history and cultural 
        background of minority groups which belong to the communities 
        and the role of members of such minority groups in the history 
        and cultural development of the Nation and the region in which 
        they reside;
            (9) provides equitably for the early childhood education 
        needs of children from each minority group or significant 
        segment of the economically disadvantaged residing within the 
        area covered;
            (10) provides, to the extent possible, for coordination of 
        early childhood education programs so as to keep family units 
        intact or in close proximity during the day;
            (11) provides for the regular and frequent dissemination of 
        information in the functional language of those to be served, 
        to assure that parents and interested persons in the community 
        are fully informed of the activities of the Early Childhood 
        Education Council and of delegate agencies;
            (12) provides that, to the extent possible, unemployed or 
        low-income persons residing in communities served by such 
        projects will receive jobs providing career ladder 
        opportunities, including in-home and part-time jobs, and 
        opportunities for training in programs assisted under title II 
        of this Act;
            (13) assures that procedures and mechanisms for 
        coordination have been developed in cooperation with preschool 
        program administrators and administrators of local educational 
        agencies and non-public schools, at the local level, to provide 
        continuity between programs for preschool and elementary school 
        children and to coordinate programs conducted under this part 
        and programs conducted pursuant to the Head Start Act (42 
        U.S.C. 9831-9852) and the Elementary and Secondary Education 
        Act of 1965, as amended.
            (14) establishes arrangements in the area served for the 
        coordination of programs conducted under the auspices of or 
        with the support of business or financial institutions or 
        organizations, industry, labor, employee and labor-management 
        organizations, and other community groups;
            (15) contains any arrangements for the delegation, under 
        the supervision of the Early Childhood Education Council, to 
        any public or private non-profit agencies, institutions, or 
        organizations, of responsibilities for the delivery of 
        programs, services, and activities for which financial 
        assistance is provided under this title, or for any planning or 
        evaluation services to be made available with respect to 
        programs under this title; and
            (16) contains plans for regularly conducting surveys and 
        analyses of needs for early childhood education programs in the 
        prime sponsorship area and for submitting to the Secretary a 
        comprehensive annual report and evaluation in such form and 
        containing such information as the Secretary shall require by 
        regulation.
    (b) No comprehensive early childhood education plan or modification 
thereof submitted by a prime sponsorship under this section shall be 
approved by the Secretary unless the Secretary determines, in 
accordance with regulations prescribed by the Secretary, that--
            (1) each community action agency or single purpose 
        Headstart agency in the area to be served previously 
        responsible for the administration of programs under this part 
        or under the Head Start Act (42 U.S.C. 9831-9852) has had an 
        opportunity to submit comments to the prime sponsor and to the 
        Secretary;
            (2) the local educational agency for the area to be served, 
        and other appropriate educational and training agencies and 
        institutions, have had an opportunity to submit comments to the 
        prime sponsor and to the Secretary; and
            (3) the Governor of the State has had an opportunity to 
        submit comments to the prime sponsor and to the Secretary.
    (c) A comprehensive early childhood education plan submitted under 
this section may be disapproved or a prior approval withdrawn only if 
the Secretary, in accordance with regulations prescribed by the 
Secretary, had provided--
            (1) written notice of intention to disapprove such plan, 
        including a statement of the reasons,
            (2) reasonable time to submit corrective amendments to such 
        plan or undertake for a public hearing upon which basis an 
        appeal to the Secretary may be taken as of right.
    (d) In order to contribute to the effective administration of this 
Act, the Secretary shall establish appropriate procedures to permit 
prime sponsors to submit jointly a single comprehensive early childhood 
education plan for the areas served by such prime sponsors.

SEC. 105. PROJECT APPLICATIONS.

    (a) Financial assistance under this Act may be provided to a 
project applicant for any fiscal year only pursuant to a project 
application which is submitted by a public or private agency and which 
provides that--
            (1) funds will be provided for carrying out any early 
        childhood education program under this part only to a qualified 
        public or private agency or organization, including but not 
        limited to a community action agency, single purpose Headstart 
        agency, community development corporation, parent cooperative, 
        organization of migrant agricultural workers, organization of 
        Native Americans, Alaskan Natives, and Native Hawaiians, 
        private organization interested in early childhood education, 
        employer or business organization, labor union, employee or 
        labor management organization, or public or private educational 
        agency or institution;
            (2) project policy committees shall be established and 
        maintained, consisting of not less than ten members, composed 
        so that (A) not less than half of the members of each such 
        committee shall be parents of children served in such projects, 
        and (B) the remaining members of such committee shall be 
        comprised--
                    (i) of persons who are representative of the 
                community and who shall be approved by the parent 
                members, and
                    (ii) of persons, the number of which shall be not 
                less than one-third nor more than one-half of the 
                number of members appointed under clause (i), who are 
                particularly skilled by virtue of training or 
                experience in early childhood education, child health, 
                child welfare, or other child services, except that the 
                Secretary may waive the requirement of this clause (ii) 
                to the extent that he/she determines, in accordance 
                with regulations prescribed by the Secretary, that such 
                persons are not available to the area to be served;
            (3) provision will be made for direct participation of such 
        policy committees in the development and preparation of project 
        applications under this part;
            (4) adequate provision will be made for training and other 
        administrative expenses of such policy committee (including 
        necessary expenses to enable low-income members to participate 
        in council or committee meetings);
            (5) project policy committees shall have responsibility for 
        approving basic goals, policies, actions, and procedures for 
        the project applicant, including policies with respect to 
        planning, overall conduct, personnel, budgeting, location of 
        centers and facilities, and direction and evaluation of 
        projects;
            (6) programs assisted under this title will provide for 
        such comprehensive health, nutritional, education, social, and 
        other services, as are necessary for the full cognitive, 
        emotional and physical development of each participating child;
            (7) adequate provision will be made for the regular and 
        frequent dissemination of information in the functional 
        language of those to be served, to assure that parents and 
        interested persons are fully informed of project activities.
            (8) (A) no charge for services provided under an early 
        childhood education program will be made with respect to any 
        child who is economically disadvantaged, except to the extent 
        that payment will be made by a third party (including a public 
        agency) which is authorized or required to pay for such 
        services; and
            (B) such charges will be made with respect to a child who 
        is not economically disadvantaged in accordance with an 
        appropriate fee schedule which shall be established by the 
        Secretary by regulation and which is based upon the ability of 
        the family to pay for such services, including the extent to 
        which any third party (including a public agency) is authorized 
        or required to make payments for such services:
            (9) children will in no case be excluded from the programs 
        operated pursuant to this part because of their participation 
        in non-public preschool or school programs or because of the 
        intention of their parents to enroll them in non-public schools 
        when they attain school age;
            (10) program will, to the extent appropriate, employ 
        paraprofessional aides and volunteers, especially parents, 
        older children, students, older persons, and persons preparing 
        for careers in early childhood education programs;
            (11) no person will be denied employment in any program 
        solely on the ground that he/she fails to meet State or local 
        teacher certification standards;
            (12) there are assurances satisfactory to the Secretary 
        that the nonFederal share requirements will be met; and
            (13) provisions will be made for such fiscal control and 
        fund accounting procedures as the Secretary shall prescribe to 
        assure proper disbursement of and accounting for Federal funds.
    (b) A project application submitted in accordance with subsection 
(a) of this section may be approved by the Secretary if determined that 
it meets the purpose of this title.

SEC. 106. SPECIAL GRANTS TO STATES.

    Upon application submitted by any State, the Secretary is 
authorized to provide financial assistance for use by such State for 
carrying out activities for the purposes of--
            (1) identifying early childhood education goals and needs 
        within the State;
            (2) assisting in the establishing of Early Childhood 
        Education Councils and strengthening the capability of such 
        Councils to effectively plan, supervise, coordinate, monitor, 
        and evaluate early childhood education programs;
            (3) encouraging the cooperation and participation of State 
        agencies in providing early childhood education and related 
        services, including health, family planning, mental health, 
        nutrition, and family, social and rehabilitative services where 
        requested by appropriate prime sponsors in the development and 
        implementation of comprehensive early childhood education 
        plans;
            (4) encouraging the full utilization of resources and 
        facilities for early childhood education programs within the 
        State;
            (5) disseminating the results of research on early 
        childhood education programs;
            (6) conducting programs for the exchange of personnel 
        involved in early childhood education programs within the 
        State;
            (7) assisting public and private nonprofit agencies and 
        organization in the acquisition or improvement of facilities 
        for early childhood education programs;
            (8) assessing State and local licensing codes as they 
        relate to early childhood education programs within the State; 
        and
            (9) developing information useful in reviewing prime 
        sponsorship plans under section 102(g) and of Comprehensive 
        Early Childhood Education Plans under section 104(b)(3).

SEC. 107. ADDITIONAL CONDITIONS FOR PROGRAMS INCLUDING CONSTRUCTION.

    (a) Applications for financial assistance for projects including 
construction may be approved only if the Secretary determines that 
construction of such facilities is essential to the provision of 
adequate early childhood education services, and that rental, 
renovation, remodeling, or leasing of adequate facilities is not 
practicable.
    (b) If any facility assisted under this title shall cease to be 
used for the purpose for which it was constructed, the United States 
shall be entitled to recover from the applicant or other owner of the 
facility an amount which bears to the then value of the facility (or so 
much thereof as constituted an approved project) the same ratio as the 
amount of such Federal funds bore to the cost of the facility financed 
with the aid of such funds, unless the Secretary determines in 
accordance with regulations that there is good cause for releasing the 
applicant or other owner from the obligation to do so. Such value shall 
be determined by agreement of the parties or by action brought in the 
United States district court for the district in which the facility is 
situated.
    (c) All laborers and mechanics employed by contractors or 
subcontractors on all construction, remodeling, renovation, or 
alteration projects assisted under this part shall be paid wages at 
rates not less than those prevailing on similar construction in the 
locality as determined by the Secretary of Labor in accordance with the 
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5).
    (d) Any Federal assistance for construction shall be in the form of 
grants, and shall not be paid to other than public or private nonprofit 
agencies and organizations. Not more than 15 percent of the total 
financial assistance provided to a prime sponsor under this part shall 
be used for construction of facilities.

SEC. 108. USE OF PUBLIC FACILITIES FOR CHILD DEVELOPMENT PROGRAMS

    (a) The Secretary, after consultation with other appropriate 
officials of the Federal Government, shall within sixteen months after 
enactment of this title report to the Congress with respect to the 
extent to which facilities owned or leased by Federal departments, 
agencies, and independent authorities could be made available to public 
and private nonprofit agencies and organizations, through appropriate 
arrangements, for use as facilities for early childhood education 
programs under this title during times and periods when not utilized 
fully for their usual purposes, together with his/her recommendations 
(including recommendations for changes in legislation) or proposed 
actions for such use.
    (b) The Secretary may require, as a condition to the receipt of 
assistance under this title, that any prime sponsor under this title 
agree to conduct a review and provide the Secretary with a report as to 
the extent to which facilities owned or leased by such prime sponsor, 
or by other agencies in the prime sponsorship area, could be made 
available, through appropriate arrangements, for use as facilities for 
early childhood education programs under this title, during times and 
periods when not utilized for their usual purposes, together with the 
prime sponsor's proposed actions for such use.

SEC. 109. PAYMENTS.

    (a) In accordance with this section, the Secretary shall pay from 
the applicable allocation or apportionment under section 4 the Federal 
share of the costs of programs, services, and activities, in accordance 
with plans or applications which have been approved as provided in this 
part.
    (b)(1) Except as provided in paragraphs (2) and (3) of this 
subsection, the Secretary shall pay an amount not in excess of 90 
percent of the cost of carrying out programs, services, and activities 
under this part. The Secretary may, in accordance with such regulations 
prescribed by the Secretary, approve assistance in excess of such 
percentage if the Secretary determines that such action is required to 
provide adequately for the early childhood education needs of 
economically disadvantaged children.
    (2) The Secretary shall pay an amount equal to 100 percent of the 
costs of providing early childhood education programs for children of 
migrant agricultural workers and their families under this title.
    (3) The Secretary shall pay an amount equal to 100 percent of the 
costs of providing early childhood education programs for children on 
Federal or State, Indian reservations under this title.
    (4) The Secretary shall pay an amount equal to 100 percent of the 
costs of providing early childhood education programs for Native 
Hawaiian children under this title.
    (c) The nonFederal share of the costs of programs, services, and 
activities assisted under this part may be provided through public or 
private funds and may be in the form of cash, goods, services, or 
facilities (or portions thereof that area used for program purposes), 
reasonably evaluated, and employee and employer contributions.
    (d) Fees collected for services pursuant to section 105 (a)(8) 
shall be deemed financial assistance for purposes of section 104 
(a)(3).
    (e) If, with respect to any fiscal year, a prime sponsor or project 
applicant provides nonFederal contributions for any program, service, 
or activity exceeding its requirements, such excess may be applied 
toward meeting the requirements for such contributions for the 
subsequent fiscal year under this part.
    (f) No State or locality shall reduce its expenditures for early 
childhood education or child care programs by reason of assistance 
under this part.

   TITLE II--TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND EVALUATION

SEC. 201. PRESERVICE AND INSERVICE TRAINING.

    The Secretary is authorized to make payments to provide financial 
assistance to enable individuals employed or preparing for employment 
in early childhood education program assisted under this Act, including 
volunteers, to participate in programs of preservice or inservice 
training for professional and nonprofessional personnel, to be 
conducted by any agency carrying out an early childhood education 
program, or any institution of higher education, including a community 
college, or by any combination thereof.

SEC. 202. TECHNICAL ASSISTANCE AND PLANNING.

    The Secretary shall, directly or through grant or contract, make 
technical assistance available to prime sponsors and to project 
applicants participating or seeking to participate in programs assisted 
under this title on a continuing basis to assist them in planning, 
developing, and carrying out early childhood education programs.

SEC. 203. EVALUATION.

    (a) The Secretary shall make an evaluation of Federal involvement 
in early childhood education activities and services, which shall 
include--
            (1) enumeration and description of all Federal activities 
        which affect early childhood education,
            (2) analysis of expenditures of Federal funds for such 
        activities and services;
            (3) determination of the effectiveness of such activities 
        and services;
            (4) the extent to which preschool, minority group, and 
        economically disadvantaged children and their parents have 
        participated in programs under this title; and
            (5) such recommendations to Congress as the Secretary may 
        deem appropriate
    (b) The results of the evaluation required by subsection (a) of 
this section shall be reported to Congress not later than two years 
after enactment of this title.
    (c) The Secretary shall establish such procedures as may be 
necessary to conduct an annual evaluation of Federal involvement in 
early childhood education programs, and shall report the results of 
each such evaluation to Congress.
    (d) Prime sponsors and project applicants assisted under this Act 
and departments and agencies of the Federal Government shall, upon 
request by the Secretary, make available, consistent with other 
provisions of law, such information as the Secretary determines is 
necessary for purposes of making the evaluation required under 
subsection (c) of this section.
    (e) The Secretary may enter into contracts with public or private 
agencies, organizations, or individuals to carry out the provisions of 
this section.
    (f) The Secretary shall reserve for the purposes of this section 
not less than 1 percent, and may reserve for such purposes not more 
than 2 percent, of the amounts available under paragraphs (2) and (3) 
of section 5(a) of this Act for any fiscal year.

SEC. 204. FEDERAL STANDARDS FOR EARLY CHILDHOOD EDUCATION SERVICES.

    (a) The Secretary shall, after consultation with other Federal 
agencies and with the Committee established pursuant to subsection (c) 
of this section, promulgate a common set of program standards which 
shall be applicable to all programs providing early childhood education 
services with Federal assistance under this Act, to be known as the 
Federal Standards for Early Childhood Education. If the Secretary 
disapproves the Committee's recommendations, the Secretary shall state 
the reasons therefor.
    (b) The Secretary shall, within sixty days after enactment of this 
title, appoint a Special Committee on Federal Standards for Early 
Childhood Education, which shall included parents of children enrolled 
in early childhood education programs, representatives of public and 
private agencies administering early childhood education programs, and 
organization specialists, and others interested in the development of 
children. Not less than one-half of the membership of the Committee 
shall consist of parents of children participating in programs 
conducted under title I of this Act. Such Committee shall participate 
in the development of Federal Standards for Early Childhood Education 
and modifications thereof as provided in subsection (a).

SEC. 205. DEVELOPMENT OF UNIFORM MINIMUM CODE FOR FACILITIES.

    (a) The Secretary shall, within sixty days after enactment of this 
bill appoint a special committee to develop a uniform minimum code for 
facilities, to be used in licensing early childhood education 
facilities. Such standards shall deal principally with those matters 
essential to the health, safety, and physical comfort of the children 
and the relationship of such matters to the Federal Standards for Early 
Childhood Education.
    (b) The special committee appointed under this section shall 
include parents of children participating in child development programs 
and representatives of State and local licensing agencies, public 
health officials, fire prevention officials, the construction industry 
and unions, public and private agencies or organizations administering 
early childhood education programs, and national agencies or 
organizations interested in the development of children. Not less than 
one-third of the membership of the committee shall consist of parents 
of children enrolled in such programs.
    (c) Within one year after its appointment, the special committee 
shall complete a proposed uniform minimum code for facilities and shall 
hold public hearings on the proposed code prior to submitting its final 
recommendation to the Secretary for approval.
    (d) After considering the recommendations submitted by the special 
committee in accordance with subsection (c), the Secretary shall 
promulgate standards which shall be applicable to all facilities 
receiving Federal financial assistance under this Act or in which 
programs receiving Federal financial assistance under this Act are 
operated. If the Secretary disapproves the committee's recommendations, 
the Secretary shall state the reasons therefor. The Secretary shall 
also distribute such standards and urge their adoption by States and 
local governments. The Secretary may from time to time modify the 
uniform code for facilities in accordance with procedures set forth in 
this section.

 TITLE III--MODEL FEDERAL GOVERNMENT EARLY CHILDHOOD EDUCATION PROGRAMS

SEC. 301. PROGRAM AUTHORIZED.

    (a) The Secretary is authorized to provide financial assistance for 
the purpose of establishing and operating model early childhood 
education programs (including the lease, rental, or construction of 
necessary facilities and the acquisition of necessary equipment and 
supplies) for the children of civilian employees of the Federal 
Government.
    (b) Civilian employees of any Federal agency or group of such 
agencies employing eighty working parents of young children who desire 
to participate in a program eligible for assistance under this part 
shall--
            (1) designate or create for such purpose an agency 
        committee, the membership of which shall be broadly 
        representative of the working parents interested in utilizing 
        these services who are employed by the agency or agencies; and
            (2) submit to the Secretary a plan approved by the official 
        in charge of such agency or agencies, which--
                    (A) provides that the early childhood education 
                program shall be administered under the direction of 
                the agency committee;
                    (B) provides that the program will meet the Federal 
                Standards for Early Childhood Education approved 
                pursuant to section 204 and the uniform minimum code 
                for facilities approved pursuant to section 205.
                    (C) provides a means of determining priority of 
                eligibility among parents wishing to use the service 
                program;
                    (D) provides for a scale of fees based upon the 
                parents' financial status; and
                    (E) provides for competent management, staffing, 
                and facilities for such program.
    (c) The Secretary shall not make payments under this section unless 
the Secretary has received approval of the plan from the official in 
charge of the agency whose employees will be served by the early 
childhood education program.

SEC. 302. PAYMENTS.

    (a) Not more than 80 percent of the total cost of the early 
childhood education program under this part shall be paid from Federal 
funds available under this title.
    (b) The share of the total cost not available under paragraph (a) 
may be provided through public or private funds and may be in the form 
of cash, goods, services, or facilities (or portions thereof that are 
used for program purposes), reasonable evaluated, fees collected from 
parents, and union and employer contributions.
    (c) If, with respect to any fiscal year, a program under this part 
provides contributions exceeding its requirements under this section, 
such excess may be used to meet the requirements of such contributions 
for the subsequent fiscal year.

                 TITLE IV--RESEARCH AND DEMONSTRATIONS

SEC. 401. DECLARATION OF PURPOSES.

    The purposes of this part are to focus national research efforts to 
attain a fuller understanding of the process of early child development 
and the effects of organized programs upon these processes; to develop 
effective programs for research into child development; and to assure 
that the result of research and development efforts are reflected in 
the conduct of programs affecting children through the improvement and 
expansion of early childhood education and related programs.

SEC. 402. RESEARCH AND DEMONSTRATION PROJECTS.

    (a) In order to further the purposes of this part, the Secretary 
shall carry out a program of research and demonstration projects, which 
shall include but not be limited to--
            (1) research to determine the nature of child development 
        processes and the impact of various influences upon them, to 
        develop techniques to measure and evaluate child development, 
        to develop standards to evaluate professional and 
        paraprofessional early childhood education personnel, to 
        determine how early childhood development and education and 
        related programs conducted in either home or institutional 
        settings affect child development processes;
            (2) research to test alternative methods of providing early 
        childhood education and related services, and to develop and 
        test innovative approaches to achieve maximum development of 
        children and programs for training adolescent youth in child 
        development;
            (3) evaluation of research findings and the development of 
        these findings and the effective application thereof; and
            (4) dissemination and application of research and 
        development efforts and demonstration projects to early 
        childhood education and related programs, using regional 
        demonstration centers and advisory services where feasible.
    (b) In order to carry out the program provided for in subsection 
(a), the Secretary is authorized to make grants to or enter into 
contracts or other arrangements with public or private nonprofit 
agencies (including other Government agencies), organizations, and 
institutions, and to enter into contracts with private agencies, 
organizations, institutions, and individuals.

SEC. 403. COORDINATION OF RESEARCH.

    (a) Funds available to any Federal department or agency for the 
purposes stated in section 401 or the activities stated in section 
402(a) shall be available for transfer, with the approval of the head 
of the department or agency involved, in whole or in part, to the 
Secretary for such use as is consistent with the purposes for which 
such funds were provided, and the funds so transferred shall be 
expendable by the Secretary for the purpose for which the transfer was 
made.
    (b) The Secretary shall coordinate all early childhood education 
research, training, and development efforts conducted with the Federal 
Government and, to the extent feasible, by other agencies, 
organizations, and individuals.
    (c) Representatives from the National Institute for Early Childhood 
Development, the Federal agencies administering the Social Security Act 
and the Elementary and Secondary Education Act, the Department of 
Health and Human Services Administration for Children and Families, the 
Department of Labor, and other appropriate agencies, shall meet at 
least annually and at such more frequent times as they may deem 
necessary, in order to assure coordination of child development and 
early childhood education and related activities under their respective 
jurisdictions and to carry out the provisions of this title so as to 
assure--
            (1) maximum utilization of available resources through the 
        prevention of duplication of activities;
            (2) a division of labor, insofar as is compatible with the 
        purposes of each of the agencies or authorities specified in 
        this paragraph, to assure maximum progress toward the 
        achievement of the purposes of this title; and
            (3) recommendation of priorities for federally funded 
        research and development activities related to the purposes of 
        this title and those stated in section 3.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. DEFINITIONS.

    As used in this Act, the term--
            (1) ``children'' means individuals who have not attained 
        the age of 8;
            (2) ``children with disabilities'' any such child as 
        defined in section 602 of the Individuals With Disabilities 
        Education Act;
            (3) ``early childhood education programs'' means programs 
        provided on a full-day or part-day basis which provide the 
        educational, nutritional, social, medical, psychological, and 
        physical services needed for young children to attain their 
        full potential;
            (4) ``economically disadvantaged children'' means any child 
        of a family having an annual income below the lower living 
        standards budget (adjusted for regional and metropolitan, 
        urban, and rural differences, and family size), as determined 
        annually by the Bureau of Labor Statistics of the Department of 
        Labor;
            (5) ``institution of higher education'' means any such 
        institution as defined in section 1201 of the Higher Education 
        Act of 1965.
            (6) ``limited English proficiency'' means such individual 
        as defined in section 7003(a) of the Bilingual Education Act.
            (7) ``local educational agency'' means any such agency as 
        defined in section 1471 of the Elementary and Secondary 
        Education Act of 1965;
            (8) ``locality'' means any city or other municipality or 
        any county or other political subdivision of a State having 
        general governmental powers, or any combination thereof;
            (9) ``minority group'' means persons who are African-
        American, Native American, Alaskan Native, Native Hawaiian, 
        Hispanic American, Asian American, Pacific Island American and, 
        as determined by the Secretary, or children who are from 
        environments in which a dominant language is other than 
        English.
            (10) ``parent'' means any person who has day-to-day 
        parental responsibility for any child;
            (11) ``program'' includes any program, service, or 
        activity, which is conducted full or part-time, day or night, 
        in early childhood education facilities, in schools, in 
        neighborhood centers, or in homes, or which provides early 
        childhood education for children whose parents are working or 
        receiving education or training;
            (12) ``Secretary'' means the Secretary of Education;
            (13) ``single parent'' means any person who has sole day-
        to-day responsibility for any child;
            (14) ``State'' means each of the fifty States, the District 
        of Columbia, and the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the Virgin Islands, the Commonwealth of the 
        Northern Mariana Islands, and Palau (until the effective date 
        of the Compact of Free Association with the Government of 
        Palau); and
            (15) ``working mother'' means any mother who requires child 
        care services under this Act in order to undertake or continue 
        full or part-time work, training, or education outside the 
        home.

SEC. 502. NUTRITION SERVICES.

    In accordance with the purposes of this Act, the Secretary of 
Education shall establish procedures to assure that adequate nutrition 
services will be provided in early childhood education programs under 
this Act. Such services shall make use of the Special Food Services 
Program for children as defined under the National School Lunch Act of 
1946 and the Child Nutrition Act of 1966 to the fullest extent 
appropriate and consistent with the provisions of such Acts.

SEC. 503. SPECIAL PROVISIONS.

    (a) The Secretary may make such grants, contracts, or agreements, 
establish such procedures, policies, rules, and regulations, and make 
such payments, in installments and in advance or by way of 
reimbursement, or otherwise allocate or expend funds made available 
under this title, including necessary adjustments in payments on 
account of overpayment or underpayment. Subject to the provisions of 
section 504, the Secretary may also withhold funds otherwise payable 
under this Act in order to recover any amounts expended in the current 
or immediately prior fiscal year in violation of any provision of this 
title or any term or condition of assistance under this title.
    (b) The Secretary shall prescribe regulations to assure that 
programs under this title have adequate internal administrative 
controls, accounting requirements, personnel standards, evaluation 
procedures, and other policies as may be necessary to promote the 
effective use of funds.
    (c) The Secretary shall not provide financial assistance for any 
program under this Act unless the grant, contract, or agreement with 
respect thereto specifically provides that no person with 
responsibilities in the operation of such program will discriminate 
with respect to any program participant or any applicant for 
participation in such program because of race, creed, color, national 
origin, sex, sexual orientation, political affiliation, or beliefs.
    (d) The Secretary shall not provide financial assistance for any 
program under this Act which involves political activities; and neither 
the program, the funds provided therefor, nor personnel employed in the 
administration thereof, shall be, in any way or to any extent, engaged 
in the conduct of political activities.
    (e) The Secretary shall not provide financial assistance for any 
program under this Act unless the Secretary determines that no funds 
will be used for, and no person will be employed under the program on, 
the construction, operation, or maintenance of so much of any facility 
as is for use for sectarian instruction or as a place for religious 
worship.
    (f) A child participating in a program assisted under this Act 
shall not be required to undergo medical or psychological examination 
(except to the extent related to learning ability), or treatment, if 
the child's parent or guardian objects thereto.

SEC. 504. WITHHOLDING OF GRANTS.

    Whenever the Secretary, after reasonable notice and opportunity for 
a hearing to any prime sponsor or project applicant, finds--
            (1) that there has been a failure to comply substantially 
        with any requirement set forth in the plan of any such prime 
        sponsor approved under section 104;
            (2) that there has been a failure to comply substantially 
        with any requirement set forth in the application of any such 
        project applicant approved pursuant section 105; or
            (3) that in the operation of any program or project carried 
        out by any such prime sponsor or project applicant under this 
        Act there is a failure to comply substantially with any 
        applicable provision of this Act or regulation promulgated 
        thereunder; the Secretary shall notify such prime sponsor or 
        project applicant of his/her findings and that no further 
        payments may be made to such sponsor or applicant under this 
        Act until the Secretary is satisfied that there is no longer 
        any such failure to comply, or the noncompliance will be 
        promptly corrected. The Secretary may authorize the 
        continuation of payments with respect to any project assisted 
        under this Act which is being carried out pursuant to such plan 
        or application and which is not involved in the noncompliance.

SEC. 505. PUBLIC INFORMATION.

    (a) Applications for designation as prime sponsors, comprehensive 
early childhood education plans, project applications, and all written 
material pertaining thereto shall be made readily available without 
charge on the public by the prime sponsor, the applicant, and the 
Secretary.
    (b) The Secretary is directed to establish appropriate procedures 
to ensure that no child shall be the subject of any research or 
experimentation under this Act other than routine testing and normal 
program evaluation unless the parent or guardian of such child is 
informed of such research or experimentation and is given an 
opportunity as of right to except such child therefrom.
    (c) Nothing in this Act shall be construed or applied in such a 
manner as to infringe upon or usurp the moral and legal rights and 
responsibilities of parents or guardians with respect to the moral, 
mental, emotional, or physical development of their children. Nor shall 
any section of this Act be construed or applied in such a manner as to 
permit any invasion of privacy otherwise protected by law, or to 
abridge any legal remedies for any such invasion which is otherwise 
provided by law.

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