II 

113TH CONGRESS 

1ST SESSION S. 519 

To amend the Elementary and Secondary Education Act of 1965 to improve 

early education. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2013 

Ms. HIRONO (for herself, Mr. BEGICH, Mr. CARDIN, Mr. DURBIN, Mr. 

FRANKEN, Mrs. GILLIBRAND, Mr. JOHNSON of South Dakota, Mr. LAUTENBERG, Mrs. MURRAY, Mr. SCHATZ, Mr. SCHUMER, and Mr. WYDEN) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to improve early education. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Resources 

5 Early for Kids Act of 2013’’ or the ‘‘PRE-K Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Children’s experiences in the first 5 years of 

2 life influence the developing brain and have a signifi3 cant and lasting impact. 

4 (2) All children deserve access to high-quality 

5 early learning experiences that can support chil6 dren’s cognitive, social, and emotional development 

7 and help prepare children to succeed in school and 

8 in life. 

9 (3) Research shows that high-quality early edu10 cation programs can improve early reading and early 

11 mathematics skills, decrease grade retention, de12 crease the need for special education services, and 

13 increase the likelihood that children will graduate 

14 from secondary school and become productive mem15 bers of society. 

16 (4) The economic benefits of early education ex17 periences are clear, and providing parents with 

18 greater access to high-quality early learning pro19 grams will benefit children, families, and our Nation. 

20 (5) High-quality early education programs have 

21 well-trained and well-compensated teachers, small 

22 class sizes, a full-day program, comprehensive serv23 ices, family participation, and a research-based cur24 riculum that aligns with strong early learning standVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S519.IS S519

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1 ards. The quality of State early education programs 

2 varies significantly across the United States. 

3 (6) While nearly three-quarters of children ages 

4 3 through 5 who are not in kindergarten spend time 

5 in non-parental care each week, research suggests 

6 that most are not in high-quality settings that meet 

7 the full range of their developmental needs. 

8 (7) A Federal partnership with States— 

9 (A) will help increase access to voluntary, 

10 high-quality preschool programs; 

11 (B) is a necessary step to improving the 

12 Nation’s elementary and secondary schools and 

13 helping States close the achievement gap and 

14 improve graduation rates; and 

15 (C) should be a national priority. 

16 SEC. 3. EARLY EDUCATION GRANTS. 

17 (a) PROGRAM ESTABLISHED.—From amounts made 

18 available to carry out this Act, the Secretary, in consulta19 tion with the Secretary of Health and Human Services, 

20 shall make grants each fiscal year to States to enhance 

21 or improve State-funded preschool programs. 

22 (b) ALLOTMENT.— 

23 (1) DETERMINATION.—From funds appro24 priated under section 13, and not reserved under 

25 subsection (c), the Secretary shall make a base allotVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S519.IS S519

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1 ment to each State that has submitted an approved 

2 application and is either— 

3 (A) a qualified State (as defined in section 

4 4(a)); or 

5 (B) a selected State (as designated under 

6 section 4(b)). 

7 (2) AMOUNT.—The amount of the base allot8 ment described under paragraph (1) for each State 

9 shall be based on the number of children who are 

10 under age 5 from a family with income below the 

11 poverty line for each State, compared to the number 

12 of such children from all States, except that no 

13 State shall have a base allotment that is less than 

14 0.25 percent of the amounts appropriated under this 

15 Act. 

16 (3) BASIS FOR THE BASE ALLOTMENT.—The 

17 Secretary shall determine the amount of the base al18 lotment under paragraph (2) as if every State was 

19 to receive a base allotment. 

20 (4) REMAINDER.—In any fiscal year for which 

21 not every State is to receive a base allotment, the 

22 Secretary shall reallot any funds remaining after the 

23 determination of a base allotment under paragraph 

24 (2) to each State that has submitted an approved 

25 application and is a qualified State. Such remaining 


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1 funds shall be realloted among such qualified States 

2 and shall be determined by comparing the number of 

3 children who are under age 5 from a family with in4 come below the poverty line for each such qualified 

5 State to such number for all such qualified States. 

6 (c) RESERVATION.—From the amount appropriated 

7 each fiscal year to carry out this Act, the Secretary shall 

8 reserve 1 percent for the purpose of making grants to In9 dian tribes and tribal organizations, as described in sec10 tion 10. 

11 SEC. 4. STATE ELIGIBILITY. 

12 (a) QUALIFIED STATES.—For purposes of this Act, 

13 the term ‘‘qualified State’’ means a State that meets each 

14 of the following criteria: 

15 (1) The State carries out a voluntary State16 funded preschool program that includes, at a min17 imum, the following: 

18 (A) Use of research-based curricula that 

19 are aligned with State early learning standards 

20 that are developmentally appropriate and in21 clude, at a minimum, each of the following do22 mains: 

23 (i) Language development. 

24 (ii) Literacy. 

25 (iii) Mathematics. 


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1 (iv) Science. 

2 (v) Creative arts. 

3 (vi) Social and emotional development. 

4 (vii) Approaches to learning. 

5 (viii) Physical and health develop6 ment. 

7 (B) Use of nationally established, or bet8 ter, best practices for group size and teacher-to9 student ratios, appropriate to the age group 

10 being served. 

11 (C) A requirement that each teacher holds 

12 an associate degree, or higher, in early child13 hood education or a related field. 

14 (D) A requirement to operate for at least 

15 the length of an academic year. 

16 (2) The State shall have developed a plan, in17 cluding a timetable, for moving toward a require18 ment for State-funded preschool programs that each 

19 teacher holds a baccalaureate degree in early child20 hood education, or in a related field if specialized 

21 training in early childhood education has also been 

22 completed, not more than 5 years after the State 

23 first receives a grant as a qualified State under this 

24 Act. 


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1 (3) The State, at a minimum, shall ensure that 

2 the average per-child expenditure by the State and 

3 the State’s political subdivisions to support State4 funded preschool programs for the fiscal year for 

5 which the grant is made is equal to, or greater than, 

6 the average of such per-child expenditure for the 

7 previous 2 fiscal years. 

8 (4) The State, at a minimum, shall ensure that 

9 the total expenditure by the State to support State10 funded preschool programs for the fiscal year for 

11 which the grant is made is equal to, or greater than, 

12 such expenditure for the preceding fiscal year. 

13 (5) The State, at a minimum, shall ensure that 

14 the total expenditure by the State to support State15 funded child care services and activities for the fiscal 

16 year for which the grant is made is equal to, or 

17 greater than, such expenditure for the preceding fis18 cal year. 

19 (b) SELECTED STATES.— 

20 (1) IN GENERAL.—Each fiscal year, the Sec21 retary shall carry out, on a competitive basis, a proc22 ess for the designation of States as selected States 

23 for purposes of this Act. The Secretary shall deter24 mine whether to designate any States as selected 


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1 States and, if so, shall determine the States that are 

2 to be designated as selected States. 

3 (2) BASIS FOR DETERMINATIONS.—The deter4 minations required by paragraph (1) shall be based 

5 on— 

6 (A) a State meeting the requirements of 

7 paragraphs (3) through (5) of subsection (a); 

8 (B) the quality of the applications sub9 mitted; and 

10 (C) the extent to which a State dem11 onstrates that the State, if designated, will be12 come a qualified State within 2 fiscal years. 

13 (3) PERIOD OF DESIGNATION.—A designation 

14 as a selected State under this subsection shall apply 

15 to a State for 2 fiscal years. If a State is both a 

16 qualified State and a selected State for a fiscal year, 

17 the State shall be treated for purposes of this Act 

18 as a qualified State rather than a selected State. 

19 SEC. 5. APPLICATIONS. 

20 (a) IN GENERAL.—A State desiring to receive funds 

21 under this Act shall submit an application to the Secretary 

22 at such time and in such manner as the Secretary may 

23 reasonably require. In developing such application, the 

24 State shall consult with the State Advisory Council on 

25 Early Childhood Education and Care (described in section 


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1 642B(b) of the Head Start Act (42 U.S.C. 9837b(b))) or 

2 a similar State entity, and providers of early childhood 

3 programs operating in the State. 

4 (b) REQUIRED CONTENTS.—The application referred 

5 to in subsection (a) shall include, at a minimum, the fol6 lowing: 

7 (1) If the State desires to be treated as a quali8 fied State, information sufficient for the Secretary to 

9 determine whether the State is a qualified State. 

10 (2) If the State desires to be designated as a 

11 selected State— 

12 (A) assurances that the State, if des13 ignated as a selected State, will become a quali14 fied State within 2 fiscal years; 

15 (B) information sufficient for the Sec16 retary to determine whether the State meets the 

17 requirements of paragraphs (3) through (5) of 

18 section 4(a); and 

19 (C) information relating to any competitive 

20 criteria that the Secretary may establish. 

21 (3) A description of how the funds received 

22 under this Act will be used to enhance or improve 

23 preschool programs in the State. 

24 (4) A description of how the State is working 

25 to build the State’s capacity to serve more children 


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1 in high-quality early education programs, including 

2 the building of new facilities, as appropriate. 

3 (5) A description of how the State will ensure 

4 that any funds made available to State-funded pre5 school program providers are made available to a 

6 range of types of such preschool providers, including 

7 local educational agencies and community-based pro8 viders such as child care and Head Start, as appro9 priate. 

10 (6) Assurances that amounts received by the 

11 State under this Act will be used only to supple12 ment, and not to supplant, Federal, State, and local 

13 funds otherwise available to support existing early 

14 childhood services and activities. 

15 (7) A description of how the State will evaluate 

16 the effectiveness of the use of funds received under 

17 this Act. 

18 (8) A description of how the State will use the 

19 funds to better meet the needs of low-income work20 ing parents. 

21 (9) A description of how the use of funds will 

22 help meet the developmental needs of children in the 

23 State. 


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1 (10) A description of how the State will ensure 

2 that State-funded preschool programs are available 

3 to, and appropriate for, children with disabilities. 

4 (11) A description of how the State-funded pre5 school programs will be culturally and linguistically 

6 appropriate and how the State plans to meet the 

7 early education needs of children with limited 

8 English proficiency. 

9 (12) A description of how the State is working 

10 to develop and use research-based curricula that are 

11 aligned with State early learning standards and are 

12 linguistically and culturally appropriate for children 

13 with limited English proficiency. 

14 (13) A description of how the State agency des15 ignated under subsection (c) will coordinate with 

16 other State agencies delivering early childhood devel17 opment programs or services. 

18 (14) A description of how the State will ensure 

19 that State-funded preschool programs will coordinate 

20 with local educational agencies in the area to ensure 

21 a smooth and successful transition to kindergarten. 

22 (15) A description of how the State monitoring 

23 process will effectively assess and ensure the quality 

24 of State-funded preschool programs. 


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1 (16) A description of how the State will coordi2 nate this grant with the efforts of the State Advisory 

3 Council on Early Childhood Education and Care (de4 scribed in section 642B(b) of the Head Start Act 

5 (42 U.S.C. 9837b(b))) or another State entity that 

6 is coordinating a system of early childhood develop7 ment and education for children from birth to kin8 dergarten entry. 

9 (17) A description of how the State-funded pre10 school programs that are not universal prioritize 

11 children from low-income families. 

12 (18) A description of how the State is working 

13 to eliminate barriers and improve access to State14 funded preschool programs for children who live in 

15 rural areas. 

16 (19) A description of how the State is working 

17 to address the transportation needs of families for 

18 whom lack of transportation is a significant barrier 

19 to accessing State-funded preschool. 

20 (c) STATE AGENCY.—The application shall designate 

21 a State agency to administer and oversee grant funds and 

22 the activities carried out under this Act. 

23 SEC. 6. USE OF FUNDS. 

24 (a) PRIORITY.—In using funds provided under this 

25 Act, a State shall give priority to improving the quality 


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1 of State-funded preschool in communities with high con2 centrations of low-income children. 

3 (b) SPECIFIC USES.—Subject to subsections (c) and 

4 (d), a State that receives funds under this Act shall use 

5 such funds to carry out 1 or more of the following activi6 ties: 

7 (1) To increase the number of teachers and 

8 program directors in State-funded preschool pro9 grams who hold a baccalaureate degree in early 

10 childhood education, or in a related field if special11 ized training in early childhood education has also 

12 been completed. 

13 (2) To increase the number of teacher aides in 

14 State-funded preschool programs who hold an asso15 ciate degree in early childhood education, or in a re16 lated field if specialized training in early childhood 

17 education has also been completed. 

18 (3) To increase the number of program direc19 tors, teachers, and teacher aides who have special20 ized training in working with children and families 

21 with limited English proficiency. 

22 (4) To increase the number of program direc23 tors, teachers, and teacher aides who have special24 ized training in working with children with disabil25 ities. 


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1 (5) To increase the compensation or benefits 

2 provided to teachers, program directors, and teacher 

3 aides in State-funded preschool programs in order to 

4 improve the ability of those programs to recruit and 

5 retain such teachers, program directors, and teacher 

6 aides. 

7 (6) To decrease group size in classrooms in 

8 State-funded preschool programs. 

9 (7) To improve the teacher-to-student ratios in 

10 classrooms in State-funded preschool programs. 

11 (8) To provide, in State-funded preschool pro12 grams, 1 or more of the following comprehensive 

13 services that support healthy child development and 

14 positive child outcomes and school readiness: 

15 (A) Vision and hearing screenings and re16 ferrals. 

17 (B) Health and mental health screenings 

18 and referrals. 

19 (C) Parent involvement opportunities. 

20 (D) Nutrition services. 

21 (9) To extend the number of— 

22 (A) hours per day of program operation of 

23 State-funded preschool programs; 

24 (B) days per week of program operation of 

25 State-funded preschool programs; or 


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1 (C) weeks per year of program operation of 

2 State-funded preschool programs. 

3 (10) To improve the State’s system for moni4 toring the quality of State-funded preschool pro5 grams. 

6 (11) To provide opportunities for intensive and 

7 on-going research- and evidence-based professional 

8 development in the domains described in section 

9 4(a)(1)(A) for staff of State-funded preschool pro10 grams. 

11 (12) To provide induction and support for pre12 school program directors, teachers, and staff during 

13 the first 3 years of employment in a new position, 

14 and to provide on-going mentoring to such individ15 uals by persons with education and expertise in sup16 porting teachers in effective teaching practices with 

17 young children and in supporting program directors 

18 in early childhood education and program manage19 ment. 

20 (13) To renovate existing facilities, except that 

21 such renovation must be limited to minor rehabilita22 tion or remodeling needed to ensure that State-fund23 ed preschool program facilities are age and develop24 mentally appropriate. 


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1 (14) To provide preschool classroom supplies or 

2 equipment. 

3 (c) SET-ASIDE.—A State that receives funds under 

4 this Act shall use 10 percent of such funds to improve 

5 the quality of early learning environments for children 

6 from birth to age 3 through research- and evidence-based 

7 methods. 

8 (d) SPECIAL RULE.— 

9 (1) IN GENERAL.—Notwithstanding subsection 

10 (b), a qualified State that receives funds under this 

11 Act may use not more than 50 percent of the funds 

12 remaining after the set-aside described under sub13 section (c) for the purpose of expanding a State14 funded preschool program, with priority for such ex15 pansion to communities with high concentrations of 

16 low-income children, that meets or exceeds the cri17 teria in section 4(a) if— 

18 (A) the amount appropriated under section 

19 13 is not less than $250,000,000; or 

20 (B) the State-funded preschool program 

21 meets or exceeds the following criteria: 

22 (i) The standards described in sub23 paragraphs (A) and (B) of section 4(a)(1). 

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1 cation (or a related field if specialized 

2 training in early childhood education has 

3 also been completed). 

4 (iii) Each provider provides full-day 

5 services at all locations. 

6 (iv) Each provider provides com7 prehensive services to at-risk children par8 ticipating in the State-funded preschool 

9 program. 

10 (v) Each teacher participates in on11 going professional development in child de12 velopment and learning. 

13 (vi) Each provider provides linguis14 tically and culturally appropriate standards 

15 for serving children with limited English 

16 proficiency participating in the State-fund17 ed preschool program. 

18 (2) STATE DEFINITION AND APPLICABILITY.— 

19 For the purpose of establishing a priority for expan20 sion under paragraph (1), the State shall define 

21 what constitutes a high concentration of low-income 

22 children. In any State described in paragraph (1) in 

23 which all communities with high concentrations of 

24 low-income children are served by a State-funded 


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1 preschool program, the priority for expansion de2 scribed in such paragraph shall not apply. 

3 (e) RULE OF CONSTRUCTION.—Funds provided 

4 under this Act shall be used only to improve or enhance 

5 a State-funded preschool program. Nothing in this Act 

6 shall be construed such that a State may use these funds 

7 only for existing State-funded preschool program pro8 viders. 

9 SEC. 7. MATCHING REQUIREMENTS. 

10 The Secretary shall not make a grant to a State 

11 under this Act unless the State agrees to the following: 

12 (1) QUALIFIED STATE.—In the case of a quali13 fied State, the State will make available non-Federal 

14 contributions in an amount equal to not less than 30 

15 percent of that portion of the Federal funds pro16 vided under the grant that represent the base allot17 ment under section 3(b)(2). 

18 (2) SELECTED STATE.—In the case of a se19 lected State, the State will make available non-Fed20 eral contributions in an amount equal to not less 

21 than 50 percent of that portion of the Federal funds 

22 provided under the grant that represent the base al23 lotment under section 3(b)(2). 


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1 SEC. 8. REPORTING REQUIREMENTS. 

2 (a) REPORT TO CONGRESS.—For each year in which 

3 funding is provided under this Act, the Secretary shall 

4 submit an annual report to Congress on the activities car5 ried out under this Act, including, at a minimum, informa6 tion on the following: 

7 (1) The activities undertaken by qualified 

8 States and selected States that improved or en9 hanced State-funded preschool programs. 

10 (2) The progress of selected States in moving 

11 toward fulfilling criteria to become a qualified State. 

12 (3) The extent to which the State used funds 

13 to expand a State-funded preschool program, as al14 lowed under section 6(d). 

15 (4) The costs and barriers to expansion, includ16 ing building and renovating preschool facilities so 

17 that such facilities are high-quality and age and de18 velopmentally appropriate. 

19 (b) REPORT TO SECRETARY.—Each State that re20 ceives a grant under this Act shall submit to the Secretary 

21 an annual report on the following: 

22 (1) The activities carried out by the State 

23 under this Act, including— 

24 (A) how funds provided under this Act 

25 were used to enhance and improve the quality 

26 of State-funded preschool programs, including 


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1 enhancing and improving the quality of State2 funded preschool programs serving children who 

3 live in a rural area; and 

4 (B) such other information as the Sec5 retary may reasonably require. 

6 (2) The activities carried out by the State-fund7 ed preschool program, including— 

8 (A) the number and ages of children 

9 served by the State-funded preschool program; 

10 and 

11 (B) the number and ages of children in 

12 such program with a disability, with limited 

13 English proficiency, from low-income families, 

14 and from rural areas. 

15 SEC. 9. SPECIAL RULE. 

16 Funds under this Act may not be used for the pur17 poses of assessments that provide rewards or sanctions for 

18 individual children or teachers. 

19 SEC. 10. APPLICATIONS FOR INDIAN TRIBES. 

20 The Secretary shall award competitive grants to In21 dian tribes and tribal organizations to carry out a program 

22 under this Act. An Indian tribe or tribal organization de23 siring to receive funds under this Act shall submit an ap24 plication to the Secretary at such time and in such manner 

25 as the Secretary may reasonably require. For purposes of 


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1 submitting such application and for expending funds re2 ceived under this Act, Indian tribes and tribal organiza3 tions shall comply with sections 4 through 9. 

4 SEC. 11. DEFINITIONS. 

5 For purposes of this Act: 

6 (1) LOCAL EDUCATIONAL AGENCY.—The term 

7 ‘‘local educational agency’’ has the meaning given 

8 such term in section 9101 of the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 7801). 

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

11 has the meaning given such term in section 9101 of 

12 the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 7801). 

14 (3) RURAL AREA.—The term ‘‘rural area’’ 

15 means a geographic area served by a rural local edu16 cational agency. 

17 (4) RURAL LOCAL EDUCATION AGENCY.—The 

18 term ‘‘rural local educational agency’’ means a local 

19 educational agency having administrative control or 

20 direction of schools which meet a metro-centric lo21 cale code of 41, 42, or 43 as determined by the Na22 tional Center for Education Statistics, in conjunc23 tion with the Bureau of the Census, using the sys24 tem of the National Center for Education Statistics 

25 for classifying local educational agencies. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (6) STATE.—The term ‘‘State’’ has the mean4 ing given such term in section 9101 of the Elemen5 tary and Secondary Education Act of 1965 (20 

6 U.S.C. 7801). 

7 (7) STATE-FUNDED PRESCHOOL PROGRAM.— 

8 The term ‘‘State-funded preschool program’’ means 

9 a program that— 

10 (A) serves children who are ages 3 through 

11 5; 

12 (B) has a primary focus of supporting 

13 early childhood education, including supporting 

14 children’s cognitive, social, emotional, and phys15 ical development and approaches to learning; 

16 (C) helps prepare children for a successful 

17 transition to kindergarten; and 

18 (D) is funded either in whole or in part by 

19 a State through a State agency with authority 

20 to promulgate regulations and monitor partici21 pating programs. 

22 (8) LIMITED ENGLISH PROFICIENCY.—The 

23 term ‘‘limited English proficiency’’, when used with 

24 respect to a child, means a child— 


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1 (A)(i) who was not born in the United 

2 States or whose native language is a language 

3 other than English; 

4 (ii)(I) who is a Native American (as de5 fined in section 9101 of the Elementary and 

6 Secondary Education Act of 1965 (20 U.S.C. 

7 7801)), an Alaska Native, or a native resident 

8 of an outlying area (as defined in such section 

9 9101); and 

10 (II) who comes from an environment where 

11 a language other than English has had a sig12 nificant impact on the child’s level of English 

13 language proficiency; or 

14 (iii) who is migratory, whose native lan15 guage is a language other than English, and 

16 who comes from an environment where a lan17 guage other than English is dominant; and 

18 (B) whose difficulties in speaking or un19 derstanding the English language may be suffi20 cient to deny the child— 

21 (i) the ability to successfully achieve 

22 in a classroom in which the language of in23 struction is English; or 

24 (ii) the opportunity to participate fully 

25 in society. 


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1 SEC. 12. CONSTRUCTION. 

2 Nothing in this Act shall be construed to require a 

3 child to attend a preschool program. 

4 SEC. 13. AUTHORIZATION. 

5 There are authorized to be appropriated to carry out 

6 this Act such sums as may be necessary for each of the 

7 fiscal years 2014 through 2018. 

Æ 


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