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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Comprehensive Early Childhood Education Act of 1993’’.

4 (b) TABLE OF CONTENTS.—The Table of Contents

5 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.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings—

3 (1) millions of children in the Nation are suffer4 ing unnecessary harm from the lack of adequate

5 early childhood education;

6 (2) comprehensive early childhood education

7 programs, including a full range of health and social

8 services, are essential to the achievement of the full

9 potential of the Nation’s children and should be

10 available as a matter of right to all children whose

11 parents or legal guardians shall request them re12 gardless of economic, social, and family back13 grounds;

14 (3) children with special needs must receive full

15 consideration in planning any early childhood edu16 cation programs and, pending the availability of

17 such programs for all children, priority must be

18 given to preschool children with the greatest eco19 nomic and social need;

20 (4) no mother should be forced to work outside

21 the home as a condition for availing herself to early

22 childhood education programs, such programs are

23 essential to allow many parents to undertake or con24 tinue full or part-time employment, training, or edu25 cation;
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1 (5) comprehensive early childhood education

2 programs not only provide a means of delivering a

3 full range of essential services to children, but can

4 also furnish meaningful employment opportunities

5 for many individuals, including older persons, par6 ents, young persons, and volunteers;

7 (6) it is essential that the planning and oper8 ation of such programs be undertaken as a partner9 ship of parents, community, and State and local gov10 ernment with appropriate assistance from the Fed11 eral Government.

12 SEC. 3. PURPOSE.

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

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

15 potential by establishing and expanding comprehensive

16 early childhood education programs, and services designed

17 to—

18 (1) assure the sound and coordinated develop19 ment of these programs;

20 (2) recognize and build upon the experience and

21 success gained through the Headstart program and

22 similar efforts;

23 (3) furnish early childhood education services

24 for those children who need them most, with special

25 emphasis on preschool programs for economically
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1 disadvantaged children, and for children of working

2 mothers and single parent families; and

3 (4) provide that decisions on the nature of

4 funding of such programs be made at the commu5 nity level with the direct participation of parents of

6 the children and other individuals and organizations

7 in the community interested in early childhood edu8 cation serve in the development, conduct, and overall

9 direction of programs at the community level, and to

10 establish the legislative framework for the future ex11 pansion of such programs to universally available

12 early childhood education services.

13 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

14 (a) For the purpose of carrying out this Act, there

15 is authorized to be appropriated $2,000,000,000 for the

16 fiscal year beginning October 1, 1995 and such sums as

17 may be necessary in each of the succeeding fiscal years

18 through 1999. Any amounts appropriated for such fiscal

19 year which are not obligated at the end of such fiscal year

20 may be obligated in the succeeding fiscal year.

21 (b) For the purpose of providing training, technical

22 assistance, planning, and such other activities as the Sec23 retary deems necessary and appropriate to prepare for the

24 implementation of this title, there is authorized to be ap-
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1 propriated $100,000,000 for the fiscal year beginning Oc2 tober 1, 1994.

3 SEC. 5. ALLOCATION OF FUNDS.

4 (a) The amounts appropriated for carrying out this

5 title for any fiscal year beginning October 1, 1995 shall

6 be made available in the following manner:

7 (1) $500,000,000 shall be used for the purpose

8 of providing assistance under titles I, II, and IV of

9 this Act for early childhood education programs fo10 cused upon young children from low-income families.

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

12 amounts so appropriated shall be used for the pur13 pose of carrying out titles II, III, and IV of this Act,

14 as the Secretary deems appropriate; and

15 (3) The remainder of such amounts shall be

16 used for the purpose of carrying out title I of this

17 Act.

18 (b)(1) From the amount available for carrying out

19 comprehensive early childhood education programs under

20 title I of this Act, the Secretary shall reserve the follow21 ing—

22 (A) not less than that proportion of the total

23 amount available for carrying out title I as is equiva24 lent to that proportion which the total number of

25 children of migrant agricultural workers bears to the
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1 total number of economically disadvantaged children

2 in the United States, which shall be apportioned

3 among programs serving children of migrant agricul4 tural workers on an equitable basis, and to the ex5 tent practicable in proportion to the relative num6 bers of children served in each such program;

7 (B) not less than that proportion of the total

8 amount available for carrying out title I as is equiva9 lent to that proportion which the total number of

10 children on Federal and State Indian reservations

11 bears to the total number of economically disadvan12 taged children in the United States, which shall be

13 apportioned among programs serving children on

14 Federal and State Indian reservation on an equi15 table basis, and to the extent practicable in propor16 tion to the relative number of children residing on

17 each such reservation;

18 (C) not less than that proportion of the total

19 amount available for carrying out title I as is equiva20 lent to that proportion which the total number of

21 Native Hawaiian children bears to the total number

22 of economically disadvantaged children in the United

23 States, which shall be apportioned among programs

24 serving Native Hawaiian children on an equitable

25 basis, and to the extent practicable in proportion to
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1 the relative numbers of children served in each such

2 program;

3 (D) not less than 10 percent of the total

4 amount available for carrying out title I, which shall

5 be made available for the purposes of section

6 101(b)(2)(I) of such title (relating to special activi7 ties for children with disabilities); and

8 (E) not to exceed 5 percent of the total amount

9 available for carrying out title I, which shall be

10 made available under section 102(f)(3) of such title

11 (relating to model programs)

12 (2) The remainder of the amounts available for carry13 ing out title I of this Act shall be allocated by the Sec14 retary on an equitable basis, and to the extent practi15 cable such funds shall be apportioned in such a manner

16 that—

17 (A) 50 percent of such remainder shall be ap18 portioned among the States and localities within

19 each State in proportion to the relative numbers of

20 economically disadvantaged children in each such

21 State and locality, respectively;

22 (B) 25 percent of such remainder shall be ap23 portioned among the States and localities within

24 each State in proportion to the relative numbers of
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1 children who have not attained six years of age in

2 each such State or locality, respectively;

3 (C) 25 percent of such remainder shall be ap4 portioned among the States and localities within

5 each State in proportion to the relative numbers of

6 children of working mothers and single parents in

7 each such State and locality, respectively.

8 For the purposes of clauses (A), (B), and (C) of this para9 graph, there shall be excluded those children who are

10 counted under clauses (A), (B), and (C) of subsection

11 (b)(1) of this section.

12 (3) In determining the numbers of children for pur13 poses of allocating and apportioning funds under this sec14 tion, the Secretary shall use the most recent satisfactory

15 data available.

16 (c) Not to exceed 5 percent of the total funds appor17 tioned for use within a State pursuant to subsection (b)(2)

18 may be made available for grants to the State to carry

19 out the provisions of section 106 of this Act.

20 (d) As soon as practicable after funds are appro21 priated to carry out this Act for any fiscal year, the Sec22 retary shall publish in the Federal Register the apportion23 ments required by this section.
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1 TITLE I—COMPREHENSIVE

2 EARLY CHILDHOOD EDU3 CATION PROGRAMS

4 SEC. 101. PROGRAM AUTHORIZED.

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

6 provide financial assistance for carrying out early child7 hood education programs under this part to prime spon8 sors and to other public and private nonprofit agencies

9 and organizations pursuant to plans and applications ap10 proved in accordance with the provisions of this title.

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

12 may be used (in accordance with approved applications)

13 for the following services and activities—

14 (1) planning and developing early childhood

15 education programs, including the operation of pilot

16 programs to test the effectiveness of new concepts,

17 programs, and delivery systems;

18 (2) establishing, maintaining, and operating

19 early childhood education program, which may in20 clude—

21 (A) comprehensive physical and mental

22 health, social, and cognitive development serv23 ices necessary for children participating in the

24 program to profit fully from their educational
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1 opportunities and to attain their maximum po2 tential;

3 (B) food and nutritional services (including

4 family consultation);

5 (C) rental, remodeling, renovation, alter6 ation, construction, or acquisition of facilities,

7 including mobile facilities, and the acquisition

8 of necessary equipment and supplies;

9 (D) programs designed (i) to meet the spe10 cial needs of minority groups, Native Ameri11 cans, Alaskan Natives and Native Hawaiians,

12 and migrant children with particular emphasis

13 on the needs of children with limited English

14 proficiency for the development of skills in Eng15 lish and another language spoken in the home,

16 and (ii) to meet the needs of all children to un17 derstand the history and cultural backgrounds

18 of the ethnic groups which belong to their com19 munities and the role of members of such eth20 nic groups in the history and cultural develop21 ment of the Nation and of the region in which

22 they reside;

23 (E) a program of daily activities designed

24 to develop fully each child’s potential;
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1 (F) other specially designed health, social,

2 and educational programs (including after

3 school, summer, weekend, vacation, and over4 night programs);

5 (G) medical, dental, psychological, edu6 cational, and other appropriate diagnosis, iden7 tification, and treatment of visual, hearing,

8 speech, nutritional, and other physical, mental,

9 and emotional barriers to full participation in

10 child education and development programs, in11 cluding programs for preschool and other chil12 dren who are emotionally disturbed;

13 (H) prenatal and other medical services to

14 expectant mothers who cannot afford such serv15 ices, designed to help reduce malnutrition, in16 fant and maternal mortality, and the incidence

17 of mental retardation and other disabling condi18 tions, and postpartum and other medical serv19 ices (including family planning information) to

20 such recent mothers;

21 (I) incorporation within early childhood

22 education programs of special activities de23 signed to identify and ameliorate identified

24 physical, mental, and emotional disabilities and

25 special learning disabilities;
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1 (J) preservice and inservice education and

2 other training for professional and paraprofes3 sional personnel;

4 (K) dissemination of information in the

5 functional language of those to be served to as6 sure that parents are well informed of early

7 childhood education programs available to them

8 and may participate in such programs;

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

10 and training in the fundamentals of child devel11 opment, for parents, older family members

12 functioning in the capacity of parents, youth,

13 and prospective parents;

14 (M) programs designed to extend com15 prehensive prekindergarten early childhood edu16 cation techniques and gains (particularly parent

17 participation) into kindergarten and early pri18 mary grades (one through three), in cooperation

19 with local educational agencies, including—

20 (i) the use of former assistant Head21 start teachers or similar early childhood

22 education teachers as instructional aides

23 (in addition to those employed by the

24 schools involved) working closely with

25 classroom teachers in the kindergarten and
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1 such early primary grades in which are en2 rolled children they taught in Headstart or

3 other early childhood programs;

4 (ii) providing for full participation of

5 parents of the children involved in program

6 planning, implementation, and decision7 making; and

8 (iii) for career development opportuni9 ties and advancement through continuing

10 education and training for instructional

11 aides involved (including teaching salaries,

12 educational stipends for tuition, books, and

13 tutoring, career counseling, arrangements

14 for academic credit for independent study,

15 fieldwork based on their teaching assign16 ments, and preservice and inservice train17 ing) and for the classroom teachers and

18 principals involved; and

19 (N) such other services and activities as

20 the Secretary deems appropriate in furtherance

21 of the purposes of this part; and

22 (3) staff and other administrative expenses of

23 early childhood education councils established and

24 operated in accordance with this title.
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1 SEC. 102. PRIME SPONSORS OF EARLY CHILDHOOD DEVEL2 OPMENT PROGRAMS.

3 (a) In accordance with the provisions of this section,

4 a State, locality, combination of localities, Indian tribe on

5 a Federal or State reservation, or public or private non6 profit agency or organization, meeting the requirements

7 of this Act may be designated by the Secretary as prime

8 sponsor for the purpose of entering into arrangements to

9 carry out early childhood education programs under this

10 part, upon the approval by the Secretary of a prime spon11 sorship plan, which includes provisions—

12 (1) describing the prime sponsorship area to be

13 served;

14 (2) setting forth satisfactory provisions of es15 tablishing and maintaining an Early Childhood Edu16 cation Council which meets the requirements of sec17 tion 103 of this Act;

18 (3) providing that the Early Childhood Edu19 cation Council shall be responsible for developing

20 and preparing a comprehensive early childhood edu21 cation plan for each fiscal year and any modification

22 thereof;

23 (4) setting forth arrangements under which the

24 Early Childhood Education Council will be respon25 sible for planning, supervising, coordinating, mon-
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1 itoring, and evaluating early childhood education

2 programs in the prime sponsorship area;

3 (5) providing adequate assurances that staff

4 and other administrative expenses for the Early

5 Childhood Education Council under subsection (b)

6 paragraph (3) of section 101 will not exceed 5 per7 cent of the total cost of comprehensive early child8 hood education programs administered by the prime

9 sponsor unless such percentage limitation is in10 creased to give special consideration to initial costs

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

12 in accordance with regulations which the Secretary

13 shall prescribe; and

14 (6) providing assurances, to the extent nec15 essary to carry out comprehensive early childhood

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

17 capacity to provide, or to enter into arrangements

18 with appropriate State, local or other agencies for

19 linkages to provide—

20 (A) related family, social and rehabilitative

21 service;

22 (B) coordination with educational agencies

23 and providers of educational services;

24 (C) health (including family planning) and

25 mental health services;
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1 (D) nutrition services; and

2 (E) training of professional and para3 professional personnel.

4 (b) The Secretary shall approve a prime sponsorship

5 plan submitted by a locality which is a (1) city, (2) coun6 try, or (3) other unit of general local government, if the

7 Secretary determines that the plan so submitted meets the

8 requirements of subsection (a) of this section and includes

9 adequate provisions for carrying out comprehensive early

10 childhood education programs in area of such locality. In

11 the event that an area under the jurisdiction of a unit

12 of general local government described in clause (1), (2),

13 or (3) of the preceding sentence includes any common geo14 graphical area with that covered by another such unit of

15 general local government, the Secretary shall designate to

16 serve such area the unit of general local government which

17 the Secretary determines has the capability of more effec18 tively carrying out the purposes of this title with respect

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

20 the requirements of this section and includes adequate

21 provisions for carrying out comprehensive early childhood

22 education programs in such area.

23 (c)(1) In the event that the Secretary determines that

24 a locality fails to meet the requirements for designation

25 as a prime sponsor under subsection (b) of this sec-
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1 tion for the reason that it lacks the capability of meeting

2 the requirements of clause (5) (concerning the limitation

3 in administrative expenses for Early Childhood Education

4 Councils) or clause (6) (concerning the capacity to provide

5 or to enter into arrangements for linkages to provide serv6 ices related to early childhood education) of subsection (a),

7 the Secretary shall take steps to encourage the submission

8 of a prime sponsorship plan, covering the area of such lo9 cality, by a combination of localities which are adjoining

10 and possess a sufficient commonality of interest.

11 (2) The Secretary shall approve a prime sponsorship

12 plan submitted by a combination of localities if the Sec13 retary determines that the plan so submitted meets the

14 requirements of subsection (a) of this section and includes

15 adequate provisions for carrying out comprehensive early

16 childhood education programs in the area covered by the

17 combination of such localities.

18 (d) The Secretary shall approve a prime sponsorship

19 plan submitted by an Indian tribe on a Federal or State

20 reservation if the Secretary determines that the plan so

21 submitted meets the requirements of subsection (a) of this

22 section and includes adequate provisions for carrying out

23 comprehensive early childhood education programs in the

24 area to be served.
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1 (e) In the event that the Secretary determines, with

2 respect to the area of a particular locality, that a prime

3 sponsorship plan meeting the requirements of this section

4 has not been submitted by a locality or combination of

5 localities covering such areas, or by an Indian tribe on

6 a Federal or State reservation, or in the event that prime

7 sponsorship designation has been withdrawn in accordance

8 with subsection (h) of this section, the Secretary may, with

9 respect to the impending fiscal year when no such prime

10 sponsorship designation will be in effect, approve a plan

11 submitted by the State which meets the requirements of

12 subsection (a) of this section and includes adequate provi13 sions for carrying out comprehensive early childhood edu14 cation program in each such area.

15 (f) The Secretary may approve a prime sponsorship

16 plan submitted by a public or private nonprofit agency,

17 including but not limited to a community action agency,

18 single purpose Headstart agency, community development

19 corporation, parent cooperative, organization of migrant

20 agricultural workers, organization of Native Americans,

21 Alaskan Natives or Native Hawaiians, employer organiza22 tions, or public or private educational agency or institu23 tion, the Secretary determines that the plan so submitted

24 meets the requirements of subsection (a) of this section

25 and includes—
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1 (1) provisions setting forth arrangements for

2 serving children in a neighborhood or other area

3 possessing a commonality of interest in the area of

4 any locality with respect to which there is not prime

5 sponsorship designation in effect, or with respect to

6 any portion of an area where the prime sponsor is

7 found not to be satisfactorily implementing early

8 childhood education program which adequately

9 meets the purposes of this part, or for making avail10 able special services, in accordance with criteria es11 tablished by the Secretary, designed to meet the

12 needs of economically disadvantaged or preschool

13 children; or

14 (2) arrangements for providing comprehensive

15 early childhood education programs on a year-round

16 basis to children of migrant agricultural workers and

17 their families; or

18 (3) arrangements for carrying out model pro19 grams especially designed to be responsive to the

20 needs of economically disadvantaged, minority

21 groups, or limited English proficient preschool chil22 dren.

23 (g) The Governor of the State shall in accordance

24 with regulations which the Secretary shall prescribe, be

25 given a reasonable opportunity to review and offer rec-
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1 ommendations to any applicant submitting a plan for

2 prime sponsorship designation under this section, and to

3 submit comments to the Secretary with respect to any

4 plan so submitted.

5 (h) A prime sponsorship plan submitted under this

6 section may be disapproved or a prior designation of a

7 prime sponsor may be withdrawn only if the Secretary,

8 in accordance with regulations prescribed by the Sec9 retary, has provided—

10 (1) written notice of intention to disapprove

11 such plan, including a statement of the reasons,

12 (2) a reasonable time in which to submit correc13 tive amendments to such plan or undertake other

14 necessary corrective action, and

15 (3) an opportunity for a public hearing upon

16 which basis an appeal to the Secretary may be taken

17 as of right.

18 (i)(1) If any party is dissatisfied with the Secretary’s

19 final action under subsection (h) with respect to the dis20 approval of its plan submitted under this section or the

21 withdrawal of its prime sponsorship designation, such

22 party may, within sixty days after notice of such action,

23 file with the United States court of appeals for the circuit

24 in which such party is located a petition for review of that

25 action. A copy of the petition shall be forthwith transmit-
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1 ted by the clerk of the court to the Secretary. The Sec2 retary thereupon shall file in the court the record of the

3 proceeding on which the Secretary based his/her action,

4 as provided in section 2112 of title 28, United States

5 Code.

6 (2) The court shall have jurisdiction to affirm the ac7 tion of the Secretary or to set it aside, in whole or in part.

8 The judgement of the court shall be subject to review by

9 the Supreme Court of the United States upon certiorari

10 or certification as provided in section 1254 of title 28,

11 United States Code.

12 SEC. 103. EARLY CHILDHOOD EDUCATION COUNCILS.

13 (a) Each prime sponsor designed under section 102

14 shall establish and maintain an Early Childhood Edu15 cation Council consisting of not less than ten members

16 comprised as follows—

17 (1) not less than half of the members of such

18 Council shall be parents of children served in early

19 childhood education programs under this Act; and

20 (2) the remaining members of such Council

21 shall be appointed by the chief executive officer or

22 officers of the prime sponsor to represent the public,

23 but

24 (A) not less than half of such members

25 shall be persons who are broadly representative
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1 of the general public, including government

2 agencies, public and private agencies and orga3 nizations in such field as economic opportunity,

4 health, education, welfare, employment and

5 training, business or financial organizations or

6 institutions, labor unions, and employers, and

7 who are approved by the parent members de8 scribed in paragraph (1), and

9 (B) the remaining members the number of

10 which shall be either equal to or one less than

11 the number of members appointed under clause

12 (A), shall be persons who are particularly

13 skilled by virtue of training or experience in

14 early childhood education, child development,

15 child health, child welfare, or other child serv16 ices, except that the Secretary may waive the

17 requirements of this clause (B) to the extent

18 that the Secretary determines, in accordance

19 with regulations prescribed by the Secretary,

20 that such person are not available to the area

21 to be served.

22 (b) In accordance with procedures with the Secretary

23 shall establish pursuant to regulations, each prime sponsor

24 designed under section 102 shall provide, with respect to
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1 the Early Childhood Education Council established and

2 maintained by such prime sponsor, that—

3 (1) the parent members described in paragraph

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

5 by the membership of Headstart policy committees

6 where they exist, and, at the earliest practicable

7 time, by project policy committees established pursu8 ant to section 105(a)(2) of this Act;

9 (2) not less than one-fourth of the total mem10 bership of such Council shall be persons broadly rep11 resentative of the economically disadvantaged;

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

13 and procedures of an organizational nature, includ14 ing nomination and election procedures, are appro15 priate in accordance with the purposes of this Act;

16 (4) such Council shall have responsibility for

17 approving basic goals, policies, actions, and proce18 dures for the prime sponsor, including policies with

19 respect to planning, general supervision and over20 sight, overall coordination, personnel, budgeting,

21 funding of projects, and monitoring and evaluation

22 of projects; and

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

24 or upon request of a project applicant or any other

25 party in interest, conduct public hearings before act-
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1 ing upon applications for financial assistance sub2 mitted by project applicants under this Act.

3 SEC. 104. COMPREHENSIVE EARLY CHILDHOOD EDU4 CATION PLANS.

5 (a) Financial assistance under this part may be pro6 vided by the Secretary for any fiscal year to a prime spon7 sor designated pursuant to section 102 only pursuant to

8 a comprehensive early childhood education plan which is

9 submitted by such prime sponsor and approved by the Sec10 retary in accordance with the provisions of this part. Any

11 such plan shall set forth a comprehensive program provid12 ing early childhood education services in the prime spon13 sorship area which—

14 (1) identifies all early childhood education

15 needs and goals within the area and describes the

16 purposes for which the financial assistance will be

17 used;

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

19 sponsorship area, to the extent that available funds

20 can be reasonably expected to have an effective im21 pact, including infant care and before and after

22 school programs for children in school with priority

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

24 (3) gives priority to meeting the special needs

25 of economically disadvantaged children by providing
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1 that not less than 65 percent of the total cost of

2 programs receiving financial assistance under section

3 4(b) shall be for early childhood education programs

4 for economically disadvantaged children;

5 (4) gives priority thereafter to providing early

6 childhood education programs and services to chil7 dren of single parents and working mothers not cov8 ered under paragraph (3);

9 (5) provides procedures for the approval of

10 project applications submitted in accordance with

11 section 105;

12 (6) provides, in the case of a prime sponsor lo13 cated within or adjacent to a metropolitan area, for

14 coordination with other prime sponsors located with15 in such metropolitan area, and arrangements for co16 operative funding where appropriate, and particu17 larly for such coordination where appropriate meet

18 the needs for early childhood education services of

19 children of parents working or participating in train20 ing or otherwise occupied during the day within a

21 prime sponsorship area other than that in which

22 they reside;

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

24 program within the prime sponsorship area will in-
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1 clude children from a range of socioeconomic back2 grounds;

3 (8) provides comprehensive services (A) to meet

4 the special needs of minority group children of mi5 grant agricultural workers with particular emphasis

6 on the needs of children from bilingual families for

7 development of skills in English and in the other

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

9 need of all children to understand the history and

10 cultural background of minority groups which belong

11 to the communities and the role of members of such

12 minority groups in the history and cultural develop13 ment of the Nation and the region in which they re14 side;

15 (9) provides equitably for the early childhood

16 education needs of children from each minority

17 group or significant segment of the economically dis18 advantaged residing within the area covered;

19 (10) provides, to the extent possible, for coordi20 nation of early childhood education programs so as

21 to keep family units intact or in close proximity dur22 ing the day;

23 (11) provides for the regular and frequent dis24 semination of information in the functional language

25 of those to be served, to assure that parents and in-
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1 terested persons in the community are fully informed

2 of the activities of the Early Childhood Education

3 Council and of delegate agencies;

4 (12) provides that, to the extent possible, unem5 ployed or low-income persons residing in commu6 nities served by such projects will receive jobs pro7 viding career ladder opportunities, including in-home

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

9 programs assisted under title II of this Act;

10 (13) assures that procedures and mechanisms

11 for coordination have been developed in cooperation

12 with preschool program administrators and adminis13 trators of local educational agencies and non-public

14 schools, at the local level, to provide continuity be15 tween programs for preschool and elementary school

16 children and to coordinate programs conducted

17 under this part and programs conducted pursuant to

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

19 Elementary and Secondary Education Act of 1965,

20 as amended.

21 (14) establishes arrangements in the area

22 served for the coordination of programs conducted

23 under the auspices of or with the support of busi24 ness or financial institutions or organizations, indus-
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1 try, labor, employee and labor-management organi2 zations, and other community groups;

3 (15) contains any arrangements for the delega4 tion, under the supervision of the Early Childhood

5 Education Council, to any public or private non6 profit agencies, institutions, or organizations, of re7 sponsibilities for the delivery of programs, services,

8 and activities for which financial assistance is pro9 vided under this title, or for any planning or evalua10 tion services to be made available with respect to

11 programs under this title; and

12 (16) contains plans for regularly conducting

13 surveys and analyses of needs for early childhood

14 education programs in the prime sponsorship area

15 and for submitting to the Secretary a comprehensive

16 annual report and evaluation in such form and con17 taining such information as the Secretary shall re18 quire by regulation.

19 (b) No comprehensive early childhood education plan

20 or modification thereof submitted by a prime sponsorship

21 under this section shall be approved by the Secretary un22 less the Secretary determines, in accordance with regula23 tions prescribed by the Secretary, that—

24 (1) each community action agency or single

25 purpose Headstart agency in the area to be served
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1 previously responsible for the administration of pro2 grams under this part or under the Head Start Act

3 (42 U.S.C. 9831–9852) has had an opportunity to

4 submit comments to the prime sponsor and to the

5 Secretary;

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

7 be served, and other appropriate educational and

8 training agencies and institutions, have had an op9 portunity to submit comments to the prime sponsor

10 and to the Secretary; and

11 (3) the Governor of the State has had an op12 portunity to submit comments to the prime sponsor

13 and to the Secretary.

14 (c) A comprehensive early childhood education plan

15 submitted under this section may be disapproved or a

16 prior approval withdrawn only if the Secretary, in accord17 ance with regulations prescribed by the Secretary, had

18 provided—

19 (1) written notice of intention to disapprove

20 such plan, including a statement of the reasons,

21 (2) reasonable time to submit corrective amend22 ments to such plan or undertake for a public hearing

23 upon which basis an appeal to the Secretary may be

24 taken as of right.
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1 (d) In order to contribute to the effective administra2 tion of this Act, the Secretary shall establish appropriate

3 procedures to permit prime sponsors to submit jointly a

4 single comprehensive early childhood education plan for

5 the areas served by such prime sponsors.

6 SEC. 105. PROJECT APPLICATIONS.

7 (a) Financial assistance under this Act may be pro8 vided to a project applicant for any fiscal year only pursu9 ant to a project application which is submitted by a public

10 or private agency and which provides that—

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

12 early childhood education program under this part

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

15 action agency, single purpose Headstart agency,

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

18 organization of Native Americans, Alaskan Natives,

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

22 management organization, or public or private edu23 cational agency or institution;

24 (2) project policy committees shall be estab25 lished and maintained, consisting of not less than
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1 ten members, composed so that (A) not less than

2 half of the members of each such committee shall be

3 parents of children served in such projects, and (B)

4 the remaining members of such committee shall be

5 comprised—

6 (i) of persons who are representative of the

7 community and who shall be approved by the

8 parent members, and

9 (ii) of persons, the number of which shall

10 be not less than one-third nor more than one11 half of the number of members appointed under

12 clause (i), who are particularly skilled by virtue

13 of training or experience in early childhood edu14 cation, child health, child welfare, or other child

15 services, except that the Secretary may waive

16 the requirement of this clause (ii) to the extent

17 that he/she determines, in accordance with reg18 ulations prescribed by the Secretary, that such

19 persons are not available to the area to be

20 served;

21 (3) provision will be made for direct participa22 tion of such policy committees in the development

23 and preparation of project applications under this

24 part;
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1 (4) adequate provision will be made for training

2 and other administrative expenses of such policy

3 committee (including necessary expenses to enable

4 low-income members to participate in council or

5 committee meetings);

6 (5) project policy committees shall have respon7 sibility for approving basic goals, policies, actions,

8 and procedures for the project applicant, including

9 policies with respect to planning, overall conduct,

10 personnel, budgeting, location of centers and facili11 ties, and direction and evaluation of projects;

12 (6) programs assisted under this title will pro13 vide for such comprehensive health, nutritional, edu14 cation, social, and other services, as are necessary

15 for the full cognitive, emotional and physical devel16 opment of each participating child;

17 (7) adequate provision will be made for the reg18 ular and frequent dissemination of information in

19 the functional language of those to be served, to as20 sure that parents and interested persons are fully in21 formed of project activities.

22 (8) (A) no charge for services provided under

23 an early childhood education program will be made

24 with respect to any child who is economically dis25 advantaged, except to the extent that payment will
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1 be made by a third party (including a public agency)

2 which is authorized or required to pay for such serv3 ices; and

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

5 a child who is not economically disadvantaged in ac6 cordance with an appropriate fee schedule which

7 shall be established by the Secretary by regulation

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

9 pay for such services, including the extent to which

10 any third party (including a public agency) is au11 thorized or required to make payments for such

12 services:

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

14 programs operated pursuant to this part because of

15 their participation in non-public preschool or school

16 programs or because of the intention of their par17 ents to enroll them in non-public schools when they

18 attain school age;

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

20 employ paraprofessional aides and volunteers, espe21 cially parents, older children, students, older per22 sons, and persons preparing for careers in early

23 childhood education programs;

24 (11) no person will be denied employment in

25 any program solely on the ground that he/she fails
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1 to meet State or local teacher certification stand2 ards;

3 (12) there are assurances satisfactory to the

4 Secretary that the nonFederal share requirements

5 will be met; and

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

9 of and accounting for Federal funds.

10 (b) A project application submitted in accordance

11 with subsection (a) of this section may be approved by

12 the Secretary if determined that it meets the purpose of

13 this title.

14 SEC. 106. SPECIAL GRANTS TO STATES.

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

17 by such State for carrying out activities for the purposes

18 of—

19 (1) identifying early childhood education goals

20 and needs within the State;

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

3 education and related services, including health,

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

6 by appropriate prime sponsors in the development

7 and implementation of comprehensive early child8 hood education plans;

9 (4) encouraging the full utilization of resources

10 and facilities for early childhood education programs

11 within the State;

12 (5) disseminating the results of research on

13 early childhood education programs;

14 (6) conducting programs for the exchange of

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

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

21 (8) assessing State and local licensing codes as

22 they relate to early childhood education programs

23 within the State; and

24 (9) developing information useful in reviewing

25 prime sponsorship plans under section 102(g) and of
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1 Comprehensive Early Childhood Education Plans

2 under section 104(b)(3).

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

5 (a) Applications for financial assistance for projects

6 including construction may be approved only if the Sec7 retary determines that construction of such facilities is es8 sential to the provision of adequate early childhood edu9 cation services, and that rental, renovation, remodeling,

10 or leasing of adequate facilities is not practicable.

11 (b) If any facility assisted under this title shall cease

12 to be used for the purpose for which it was constructed,

13 the United States shall be entitled to recover from the ap14 plicant or other owner of the facility an amount which

15 bears to the then value of the facility (or so much thereof

16 as constituted an approved project) the same ratio as the

17 amount of such Federal funds bore to the cost of the facil18 ity financed with the aid of such funds, unless the Sec19 retary determines in accordance with regulations that

20 there is good cause for releasing the applicant or other

21 owner from the obligation to do so. Such value shall be

22 determined by agreement of the parties or by action

23 brought in the United States district court for the district

24 in which the facility is situated.
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1 (c) All laborers and mechanics employed by contrac2 tors or subcontractors on all construction, remodeling,

3 renovation, or alteration projects assisted under this part

4 shall be paid wages at rates not less than those prevailing

5 on similar construction in the locality as determined by

6 the Secretary of Labor in accordance with the Davis7 Bacon Act, as amended (40 U.S.C. 276a–276a–5).

8 (d) Any Federal assistance for construction shall be

9 in the form of grants, and shall not be paid to other than

10 public or private nonprofit agencies and organizations.

11 Not more than 15 percent of the total financial assistance

12 provided to a prime sponsor under this part shall be used

13 for construction of facilities.

14 SEC. 108. USE OF PUBLIC FACILITIES FOR CHILD DEVELOP15 MENT PROGRAMS

16 (a) The Secretary, after consultation with other ap17 propriate officials of the Federal Government, shall within

18 sixteen months after enactment of this title report to the

19 Congress with respect to the extent to which facilities

20 owned or leased by Federal departments, agencies, and

21 independent authorities could be made available to public

22 and private nonprofit agencies and organizations, through

23 appropriate arrangements, for use as facilities for early

24 childhood education programs under this title during

25 times and periods when not utilized fully for their usual
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1 purposes, together with his/her recommendations (includ2 ing recommendations for changes in legislation) or pro3 posed actions for such use.

4 (b) The Secretary may require, as a condition to the

5 receipt of assistance under this title, that any prime spon6 sor under this title agree to conduct a review and provide

7 the Secretary with a report as to the extent to which facili8 ties owned or leased by such prime sponsor, or by other

9 agencies in the prime sponsorship area, could be made

10 available, through appropriate arrangements, for use as

11 facilities for early childhood education programs under

12 this title, during times and periods when not utilized for

13 their usual purposes, together with the prime sponsor’s

14 proposed actions for such use.

15 SEC. 109. PAYMENTS.

16 (a) In accordance with this section, the Secretary

17 shall pay from the applicable allocation or apportionment

18 under section 4 the Federal share of the costs of pro19 grams, services, and activities, in accordance with plans

20 or applications which have been approved as provided in

21 this part.

22 (b)(1) Except as provided in paragraphs (2) and (3)

23 of this subsection, the Secretary shall pay an amount not

24 in excess of 90 percent of the cost of carrying out pro25 grams, services, and activities under this part. The Sec-
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1 retary may, in accordance with such regulations prescribed

2 by the Secretary, approve assistance in excess of such per3 centage if the Secretary determines that such action is re4 quired to provide adequately for the early childhood edu5 cation needs of economically disadvantaged children.

6 (2) The Secretary shall pay an amount equal to 100

7 percent of the costs of providing early childhood education

8 programs for children of migrant agricultural workers and

9 their families under this title.

10 (3) The Secretary shall pay an amount equal to 100

11 percent of the costs of providing early childhood education

12 programs for children on Federal or State, Indian reserva13 tions under this title.

14 (4) The Secretary shall pay an amount equal to 100

15 percent of the costs of providing early childhood education

16 programs for Native Hawaiian children under this title.

17 (c) The nonFederal share of the costs of programs,

18 services, and activities assisted under this part may be

19 provided through public or private funds and may be in

20 the form of cash, goods, services, or facilities (or portions

21 thereof that area used for program purposes), reasonably

22 evaluated, and employee and employer contributions.

23 (d) Fees collected for services pursuant to section 105

24 (a)(8) shall be deemed financial assistance for purposes

25 of section 104 (a)(3).
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1 (e) If, with respect to any fiscal year, a prime sponsor

2 or project applicant provides nonFederal contributions for

3 any program, service, or activity exceeding its require4 ments, such excess may be applied toward meeting the re5 quirements for such contributions for the subsequent fiscal

6 year under this part.

7 (f) No State or locality shall reduce its expenditures

8 for early childhood education or child care programs by

9 reason of assistance under this part.

10 TITLE II—TRAINING, TECHNICAL

11 ASSISTANCE, PLANNING, AND

12 EVALUATION

13 SEC. 201. PRESERVICE AND INSERVICE TRAINING.

14 The Secretary is authorized to make payments to

15 provide financial assistance to enable individuals employed

16 or preparing for employment in early childhood education

17 program assisted under this Act, including volunteers, to

18 participate in programs of preservice or inservice training

19 for professional and nonprofessional personnel, to be con20 ducted by any agency carrying out an early childhood edu21 cation program, or any institution of higher education, in22 cluding a community college, or by any combination

23 thereof.
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1 SEC. 202. TECHNICAL ASSISTANCE AND PLANNING.

2 The Secretary shall, directly or through grant or con3 tract, make technical assistance available to prime spon4 sors and to project applicants participating or seeking to

5 participate in programs assisted under this title on a con6 tinuing basis to assist them in planning, developing, and

7 carrying out early childhood education programs.

8 SEC. 203. EVALUATION.

9 (a) The Secretary shall make an evaluation of Fed10 eral involvement in early childhood education activities

11 and services, which shall include—

12 (1) enumeration and description of all Federal

13 activities which affect early childhood education,

14 (2) analysis of expenditures of Federal funds

15 for such activities and services;

16 (3) determination of the effectiveness of such

17 activities and services;

18 (4) the extent to which preschool, minority

19 group, and economically disadvantaged children and

20 their parents have participated in programs under

21 this title; and

22 (5) such recommendations to Congress as the

23 Secretary may deem appropriate

24 (b) The results of the evaluation required by sub25 section (a) of this section shall be reported to Congress

26 not later than two years after enactment of this title.
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1 (c) The Secretary shall establish such procedures as

2 may be necessary to conduct an annual evaluation of Fed3 eral involvement in early childhood education programs,

4 and shall report the results of each such evaluation to

5 Congress.

6 (d) Prime sponsors and project applicants assisted

7 under this Act and departments and agencies of the Fed8 eral Government shall, upon request by the Secretary,

9 make available, consistent with other provisions of law,

10 such information as the Secretary determines is necessary

11 for purposes of making the evaluation required under sub12 section (c) of this section.

13 (e) The Secretary may enter into contracts with pub14 lic or private agencies, organizations, or individuals to

15 carry out the provisions of this section.

16 (f) The Secretary shall reserve for the purposes of

17 this section not less than 1 percent, and may reserve for

18 such purposes not more than 2 percent, of the amounts

19 available under paragraphs (2) and (3) of section 5(a) of

20 this Act for any fiscal year.

21 SEC. 204. FEDERAL STANDARDS FOR EARLY CHILDHOOD

22 EDUCATION SERVICES.

23 (a) The Secretary shall, after consultation with other

24 Federal agencies and with the Committee established pur25 suant to subsection (c) of this section, promulgate a com-
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1 mon set of program standards which shall be applicable

2 to all programs providing early childhood education serv3 ices with Federal assistance under this Act, to be known

4 as the Federal Standards for Early Childhood Education.

5 If the Secretary disapproves the Committee’s rec6 ommendations, the Secretary shall state the reasons there7 for.

8 (b) The Secretary shall, within sixty days after enact9 ment of this title, appoint a Special Committee on Federal

10 Standards for Early Childhood Education, which shall in11 cluded parents of children enrolled in early childhood edu12 cation programs, representatives of public and private

13 agencies administering early childhood education pro14 grams, and organization specialists, and others interested

15 in the development of children. Not less than one-half of

16 the membership of the Committee shall consist of parents

17 of children participating in programs conducted under

18 title I of this Act. Such Committee shall participate in the

19 development of Federal Standards for Early Childhood

20 Education and modifications thereof as provided in sub21 section (a).

22 SEC. 205. DEVELOPMENT OF UNIFORM MINIMUM CODE FOR

23 FACILITIES.

24 (a) The Secretary shall, within sixty days after enact25 ment of this bill appoint a special committee to develop
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1 a uniform minimum code for facilities, to be used in licens2 ing early childhood education facilities. Such standards

3 shall deal principally with those matters essential to the

4 health, safety, and physical comfort of the children and

5 the relationship of such matters to the Federal Standards

6 for Early Childhood Education.

7 (b) The special committee appointed under this sec8 tion shall include parents of children participating in child

9 development programs and representatives of State and

10 local licensing agencies, public health officials, fire preven11 tion officials, the construction industry and unions, public

12 and private agencies or organizations administering early

13 childhood education programs, and national agencies or

14 organizations interested in the development of children.

15 Not less than one-third of the membership of the commit16 tee shall consist of parents of children enrolled in such

17 programs.

18 (c) Within one year after its appointment, the special

19 committee shall complete a proposed uniform minimum

20 code for facilities and shall hold public hearings on the

21 proposed code prior to submitting its final recommenda22 tion to the Secretary for approval.

23 (d) After considering the recommendations submitted

24 by the special committee in accordance with subsection (c),

25 the Secretary shall promulgate standards which shall be
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1 applicable to all facilities receiving Federal financial as2 sistance under this Act or in which programs receiving

3 Federal financial assistance under this Act are operated.

4 If the Secretary disapproves the committee’s recommenda5 tions, the Secretary shall state the reasons therefor. The

6 Secretary shall also distribute such standards and urge

7 their adoption by States and local governments. The Sec8 retary may from time to time modify the uniform code

9 for facilities in accordance with procedures set forth in

10 this section.

11 TITLE III—MODEL FEDERAL

12 GOVERNMENT EARLY CHILD13 HOOD EDUCATION PRO14 GRAMS

15 SEC. 301. PROGRAM AUTHORIZED.

16 (a) The Secretary is authorized to provide financial

17 assistance for the purpose of establishing and operating

18 model early childhood education programs (including the

19 lease, rental, or construction of necessary facilities and the

20 acquisition of necessary equipment and supplies) for the

21 children of civilian employees of the Federal Government.

22 (b) Civilian employees of any Federal agency or group

23 of such agencies employing eighty working parents of

24 young children who desire to participate in a program eli25 gible for assistance under this part shall—
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1 (1) designate or create for such purpose an

2 agency committee, the membership of which shall be

3 broadly representative of the working parents inter4 ested in utilizing these services who are employed by

5 the agency or agencies; and

6 (2) submit to the Secretary a plan approved by

7 the official in charge of such agency or agencies,

8 which—

9 (A) provides that the early childhood edu10 cation program shall be administered under the

11 direction of the agency committee;

12 (B) provides that the program will meet

13 the Federal Standards for Early Childhood

14 Education approved pursuant to section 204

15 and the uniform minimum code for facilities ap16 proved pursuant to section 205.

17 (C) provides a means of determining prior18 ity of eligibility among parents wishing to use

19 the service program;

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

21 the parents’ financial status; and

22 (E) provides for competent management,

23 staffing, and facilities for such program.

24 (c) The Secretary shall not make payments under

25 this section unless the Secretary has received approval of
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1 the plan from the official in charge of the agency whose

2 employees will be served by the early childhood education

3 program.

4 SEC. 302. PAYMENTS.

5 (a) Not more than 80 percent of the total cost of the

6 early childhood education program under this part shall

7 be paid from Federal funds available under this title.

8 (b) The share of the total cost not available under

9 paragraph (a) may be provided through public or private

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

11 or facilities (or portions thereof that are used for program

12 purposes), reasonable evaluated, fees collected from par13 ents, and union and employer contributions.

14 (c) If, with respect to any fiscal year, a program

15 under this part provides contributions exceeding its re16 quirements under this section, such excess may be used

17 to meet the requirements of such contributions for the

18 subsequent fiscal year.

19 TITLE IV—RESEARCH AND

20 DEMONSTRATIONS

21 SEC. 401. DECLARATION OF PURPOSES.

22 The purposes of this part are to focus national re23 search efforts to attain a fuller understanding of the proc24 ess of early child development and the effects of organized

25 programs upon these processes; to develop effective pro-
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1 grams for research into child development; and to assure

2 that the result of research and development efforts are re3 flected in the conduct of programs affecting children

4 through the improvement and expansion of early childhood

5 education and related programs.

6 SEC. 402. RESEARCH AND DEMONSTRATION PROJECTS.

7 (a) In order to further the purposes of this part, the

8 Secretary shall carry out a program of research and dem9 onstration projects, which shall include but not be limited

10 to—

11 (1) research to determine the nature of child

12 development processes and the impact of various in13 fluences upon them, to develop techniques to meas14 ure and evaluate child development, to develop

15 standards to evaluate professional and paraprofes16 sional early childhood education personnel, to deter17 mine how early childhood development and education

18 and related programs conducted in either home or

19 institutional settings affect child development proc20 esses;

21 (2) research to test alternative methods of pro22 viding early childhood education and related services,

23 and to develop and test innovative approaches to

24 achieve maximum development of children and pro-
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1 grams for training adolescent youth in child develop2 ment;

3 (3) evaluation of research findings and the de4 velopment of these findings and the effective applica5 tion thereof; and

6 (4) dissemination and application of research

7 and development efforts and demonstration projects

8 to early childhood education and related programs,

9 using regional demonstration centers and advisory

10 services where feasible.

11 (b) In order to carry out the program provided for

12 in subsection (a), the Secretary is authorized to make

13 grants to or enter into contracts or other arrangements

14 with public or private nonprofit agencies (including other

15 Government agencies), organizations, and institutions,

16 and to enter into contracts with private agencies, organi17 zations, institutions, and individuals.

18 SEC. 403. COORDINATION OF RESEARCH.

19 (a) Funds available to any Federal department or

20 agency for the purposes stated in section 401 or the activi21 ties stated in section 402(a) shall be available for transfer,

22 with the approval of the head of the department or agency

23 involved, in whole or in part, to the Secretary for such

24 use as is consistent with the purposes for which such funds

25 were provided, and the funds so transferred shall be ex-
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1 pendable by the Secretary for the purpose for which the

2 transfer was made.

3 (b) The Secretary shall coordinate all early childhood

4 education research, training, and development efforts con5 ducted with the Federal Government and, to the extent

6 feasible, by other agencies, organizations, and individuals.

7 (c) Representatives from the National Institute for

8 Early Childhood Development, the Federal agencies ad9 ministering the Social Security Act and the Elementary

10 and Secondary Education Act, the Department of Health

11 and Human Services Administration for Children and

12 Families, the Department of Labor, and other appropriate

13 agencies, shall meet at least annually and at such more

14 frequent times as they may deem necessary, in order to

15 assure coordination of child development and early child16 hood education and related activities under their respec17 tive jurisdictions and to carry out the provisions of this

18 title so as to assure—

19 (1) maximum utilization of available resources

20 through the prevention of duplication of activities;

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

22 with the purposes of each of the agencies or authori23 ties specified in this paragraph, to assure maximum

24 progress toward the achievement of the purposes of

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

2 funded research and development activities related

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

5 TITLE V—GENERAL PROVISIONS

6 SEC. 501. DEFINITIONS.

7 As used in this Act, the term—

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

9 attained the age of 8;

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

11 as defined in section 602 of the Individuals With

12 Disabilities Education Act;

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

14 means programs provided on a full-day or part-day

15 basis which provide the educational, nutritional, so16 cial, medical, psychological, and physical services

17 needed for young children to attain their full poten18 tial;

19 (4) ‘‘economically disadvantaged children’’

20 means any child of a family having an annual in21 come below the lower living standards budget (ad22 justed for regional and metropolitan, urban, and

23 rural differences, and family size), as determined an24 nually by the Bureau of Labor Statistics of the De25 partment of Labor;
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1 (5) ‘‘institution of higher education’’ means any

2 such institution as defined in section 1201 of the

3 Higher Education Act of 1965.

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

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

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

8 agency as defined in section 1471 of the Elementary

9 and Secondary Education Act of 1965;

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

12 a State having general governmental powers, or any

13 combination thereof;

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

15 African-American, Native American, Alaskan Native,

16 Native Hawaiian, Hispanic American, Asian Amer17 ican, Pacific Island American and, as determined by

18 the Secretary, or children who are from environ19 ments in which a dominant language is other than

20 English.

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

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

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

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

2 which provides early childhood education for children

3 whose parents are working or receiving education or

4 training;

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

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

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

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

10 District of Columbia, and the Commonwealth of

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

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

14 Compact of Free Association with the Government

15 of Palau); and

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

17 requires child care services under this Act in order

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

19 training, or education outside the home.

20 SEC. 502. NUTRITION SERVICES.

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

23 that adequate nutrition services will be provided in early

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

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

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

5 SEC. 503. SPECIAL PROVISIONS.

6 (a) The Secretary may make such grants, contracts,

7 or agreements, establish such procedures, policies, rules,

8 and regulations, and make such payments, in installments

9 and in advance or by way of reimbursement, or otherwise

10 allocate or expend funds made available under this title,

11 including necessary adjustments in payments on account

12 of overpayment or underpayment. Subject to the provi13 sions of section 504, the Secretary may also withhold

14 funds otherwise payable under this Act in order to recover

15 any amounts expended in the current or immediately prior

16 fiscal year in violation of any provision of this title or any

17 term or condition of assistance under this title.

18 (b) The Secretary shall prescribe regulations to as19 sure that programs under this title have adequate internal

20 administrative controls, accounting requirements, person21 nel standards, evaluation procedures, and other policies as

22 may be necessary to promote the effective use of funds.

23 (c) The Secretary shall not provide financial assist24 ance for any program under this Act unless the grant, con25 tract, or agreement with respect thereto specifically pro-
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1 vides that no person with responsibilities in the operation

2 of such program will discriminate with respect to any pro3 gram participant or any applicant for participation in such

4 program because of race, creed, color, national origin, sex,

5 sexual orientation, political affiliation, or beliefs.

6 (d) The Secretary shall not provide financial assist7 ance for any program under this Act which involves politi8 cal activities; and neither the program, the funds provided

9 therefor, nor personnel employed in the administration

10 thereof, shall be, in any way or to any extent, engaged

11 in the conduct of political activities.

12 (e) The Secretary shall not provide financial assist13 ance for any program under this Act unless the Secretary

14 determines that no funds will be used for, and no person

15 will be employed under the program on, the construction,

16 operation, or maintenance of so much of any facility as

17 is for use for sectarian instruction or as a place for reli18 gious worship.

19 (f) A child participating in a program assisted under

20 this Act shall not be required to undergo medical or psy21 chological examination (except to the extent related to

22 learning ability), or treatment, if the child’s parent or

23 guardian objects thereto.
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1 SEC. 504. WITHHOLDING OF GRANTS.

2 Whenever the Secretary, after reasonable notice and

3 opportunity for a hearing to any prime sponsor or project

4 applicant, finds—

5 (1) that there has been a failure to comply sub6 stantially with any requirement set forth in the plan

7 of any such prime sponsor approved under section

8 104;

9 (2) that there has been a failure to comply sub10 stantially with any requirement set forth in the ap11 plication of any such project applicant approved pur12 suant section 105; or

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

14 project carried out by any such prime sponsor or

15 project applicant under this Act there is a failure to

16 comply substantially with any applicable provision of

17 this Act or regulation promulgated thereunder; the

18 Secretary shall notify such prime sponsor or project

19 applicant of his/her findings and that no further

20 payments may be made to such sponsor or applicant

21 under this Act until the Secretary is satisfied that

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

23 noncompliance will be promptly corrected. The Sec24 retary may authorize the continuation of payments

25 with respect to any project assisted under this Act

26 which is being carried out pursuant to such plan or
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1 application and which is not involved in the non2 compliance.

3 SEC. 505. PUBLIC INFORMATION.

4 (a) Applications for designation as prime sponsors,

5 comprehensive early childhood education plans, project ap6 plications, and all written material pertaining thereto shall

7 be made readily available without charge on the public by

8 the prime sponsor, the applicant, and the Secretary.

9 (b) The Secretary is directed to establish appropriate

10 procedures to ensure that no child shall be the subject of

11 any research or experimentation under this Act other than

12 routine testing and normal program evaluation unless the

13 parent or guardian of such child is informed of such re14 search or experimentation and is given an opportunity as

15 of right to except such child therefrom.

16 (c) Nothing in this Act shall be construed or applied

17 in such a manner as to infringe upon or usurp the moral

18 and legal rights and responsibilities of parents or guard19 ians with respect to the moral, mental, emotional, or phys20 ical development of their children. Nor shall any section

21 of this Act be construed or applied in such a manner as

22 to permit any invasion of privacy otherwise protected by

23 law, or to abridge any legal remedies for any such invasion

24 which is otherwise provided by law.
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