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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Providing Resources Early for Kids 
Act of 2013'' or the ``PRE-K Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Children's experiences in the first 5 years of life 
        influence the developing brain and have a significant and 
        lasting impact.
            (2) All children deserve access to high-quality early 
        learning experiences that can support children's cognitive, 
        social, and emotional development and help prepare children to 
        succeed in school and in life.
            (3) Research shows that high-quality early education 
        programs can improve early reading and early mathematics 
        skills, decrease grade retention, decrease the need for special 
        education services, and increase the likelihood that children 
        will graduate from secondary school and become productive 
        members of society.
            (4) The economic benefits of early education experiences 
        are clear, and providing parents with greater access to high-
        quality early learning programs will benefit children, 
        families, and our Nation.
            (5) High-quality early education programs have well-trained 
        and well-compensated teachers, small class sizes, a full-day 
        program, comprehensive services, family participation, and a 
        research-based curriculum that aligns with strong early 
        learning standards. The quality of State early education 
        programs varies significantly across the United States.
            (6) While nearly three-quarters of children ages 3 through 
        5 who are not in kindergarten spend time in non-parental care 
        each week, research suggests that most are not in high-quality 
        settings that meet the full range of their developmental needs.
            (7) A Federal partnership with States--
                    (A) will help increase access to voluntary, high-
                quality preschool programs;
                    (B) is a necessary step to improving the Nation's 
                elementary and secondary schools and helping States 
                close the achievement gap and improve graduation rates; 
                and
                    (C) should be a national priority.

SEC. 3. EARLY EDUCATION GRANTS.

    (a) Program Established.--From amounts made available to carry out 
this Act, the Secretary, in consultation with the Secretary of Health 
and Human Services, shall make grants each fiscal year to States to 
enhance or improve State-funded preschool programs.
    (b) Allotment.--
            (1) Determination.--From funds appropriated under section 
        13, and not reserved under subsection (c), the Secretary shall 
        make a base allotment to each State that has submitted an 
        approved application and is either--
                    (A) a qualified State (as defined in section 4(a)); 
                or
                    (B) a selected State (as designated under section 
                4(b)).
            (2) Amount.--The amount of the base allotment described 
        under paragraph (1) for each State shall be based on the number 
        of children who are under age 5 from a family with income below 
        the poverty line for each State, compared to the number of such 
        children from all States, except that no State shall have a 
        base allotment that is less than 0.25 percent of the amounts 
        appropriated under this Act.
            (3) Basis for the base allotment.--The Secretary shall 
        determine the amount of the base allotment under paragraph (2) 
        as if every State was to receive a base allotment.
            (4) Remainder.--In any fiscal year for which not every 
        State is to receive a base allotment, the Secretary shall 
        reallot any funds remaining after the determination of a base 
        allotment under paragraph (2) to each State that has submitted 
        an approved application and is a qualified State. Such 
        remaining funds shall be realloted among such qualified States 
        and shall be determined by comparing the number of children who 
        are under age 5 from a family with income below the poverty 
        line for each such qualified State to such number for all such 
        qualified States.
    (c) Reservation.--From the amount appropriated each fiscal year to 
carry out this Act, the Secretary shall reserve 1 percent for the 
purpose of making grants to Indian tribes and tribal organizations, as 
described in section 10.

SEC. 4. STATE ELIGIBILITY.

    (a) Qualified States.--For purposes of this Act, the term 
``qualified State'' means a State that meets each of the following 
criteria:
            (1) The State carries out a voluntary State-funded 
        preschool program that includes, at a minimum, the following:
                    (A) Use of research-based curricula that are 
                aligned with State early learning standards that are 
                developmentally appropriate and include, at a minimum, 
                each of the following domains:
                            (i) Language development.
                            (ii) Literacy.
                            (iii) Mathematics.
                            (iv) Science.
                            (v) Creative arts.
                            (vi) Social and emotional development.
                            (vii) Approaches to learning.
                            (viii) Physical and health development.
                    (B) Use of nationally established, or better, best 
                practices for group size and teacher-to-student ratios, 
                appropriate to the age group being served.
                    (C) A requirement that each teacher holds an 
                associate degree, or higher, in early childhood 
                education or a related field.
                    (D) A requirement to operate for at least the 
                length of an academic year.
            (2) The State shall have developed a plan, including a 
        timetable, for moving toward a requirement for State-funded 
        preschool programs that each teacher holds a baccalaureate 
        degree in early childhood education, or in a related field if 
        specialized training in early childhood education has also been 
        completed, not more than 5 years after the State first receives 
        a grant as a qualified State under this Act.
            (3) The State, at a minimum, shall ensure that the average 
        per-child expenditure by the State and the State's political 
        subdivisions to support State-funded preschool programs for the 
        fiscal year for which the grant is made is equal to, or greater 
        than, the average of such per-child expenditure for the 
        previous 2 fiscal years.
            (4) The State, at a minimum, shall ensure that the total 
        expenditure by the State to support State-funded preschool 
        programs for the fiscal year for which the grant is made is 
        equal to, or greater than, such expenditure for the preceding 
        fiscal year.
            (5) The State, at a minimum, shall ensure that the total 
        expenditure by the State to support State-funded child care 
        services and activities for the fiscal year for which the grant 
        is made is equal to, or greater than, such expenditure for the 
        preceding fiscal year.
    (b) Selected States.--
            (1) In general.--Each fiscal year, the Secretary shall 
        carry out, on a competitive basis, a process for the 
        designation of States as selected States for purposes of this 
        Act. The Secretary shall determine whether to designate any 
        States as selected States and, if so, shall determine the 
        States that are to be designated as selected States.
            (2) Basis for determinations.--The determinations required 
        by paragraph (1) shall be based on--
                    (A) a State meeting the requirements of paragraphs 
                (3) through (5) of subsection (a);
                    (B) the quality of the applications submitted; and
                    (C) the extent to which a State demonstrates that 
                the State, if designated, will become a qualified State 
                within 2 fiscal years.
            (3) Period of designation.--A designation as a selected 
        State under this subsection shall apply to a State for 2 fiscal 
        years. If a State is both a qualified State and a selected 
        State for a fiscal year, the State shall be treated for 
        purposes of this Act as a qualified State rather than a 
        selected State.

SEC. 5. APPLICATIONS.

    (a) In General.--A State desiring to receive funds under this Act 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may reasonably require. In developing such 
application, the State shall consult with the State Advisory Council on 
Early Childhood Education and Care (described in section 642B(b) of the 
Head Start Act (42 U.S.C. 9837b(b))) or a similar State entity, and 
providers of early childhood programs operating in the State.
    (b) Required Contents.--The application referred to in subsection 
(a) shall include, at a minimum, the following:
            (1) If the State desires to be treated as a qualified 
        State, information sufficient for the Secretary to determine 
        whether the State is a qualified State.
            (2) If the State desires to be designated as a selected 
        State--
                    (A) assurances that the State, if designated as a 
                selected State, will become a qualified State within 2 
                fiscal years;
                    (B) information sufficient for the Secretary to 
                determine whether the State meets the requirements of 
                paragraphs (3) through (5) of section 4(a); and
                    (C) information relating to any competitive 
                criteria that the Secretary may establish.
            (3) A description of how the funds received under this Act 
        will be used to enhance or improve preschool programs in the 
        State.
            (4) A description of how the State is working to build the 
        State's capacity to serve more children in high-quality early 
        education programs, including the building of new facilities, 
        as appropriate.
            (5) A description of how the State will ensure that any 
        funds made available to State-funded preschool program 
        providers are made available to a range of types of such 
        preschool providers, including local educational agencies and 
        community-based providers such as child care and Head Start, as 
        appropriate.
            (6) Assurances that amounts received by the State under 
        this Act will be used only to supplement, and not to supplant, 
        Federal, State, and local funds otherwise available to support 
        existing early childhood services and activities.
            (7) A description of how the State will evaluate the 
        effectiveness of the use of funds received under this Act.
            (8) A description of how the State will use the funds to 
        better meet the needs of low-income working parents.
            (9) A description of how the use of funds will help meet 
        the developmental needs of children in the State.
            (10) A description of how the State will ensure that State-
        funded preschool programs are available to, and appropriate 
        for, children with disabilities.
            (11) A description of how the State-funded preschool 
        programs will be culturally and linguistically appropriate and 
        how the State plans to meet the early education needs of 
        children with limited English proficiency.
            (12) A description of how the State is working to develop 
        and use research-based curricula that are aligned with State 
        early learning standards and are linguistically and culturally 
        appropriate for children with limited English proficiency.
            (13) A description of how the State agency designated under 
        subsection (c) will coordinate with other State agencies 
        delivering early childhood development programs or services.
            (14) A description of how the State will ensure that State-
        funded preschool programs will coordinate with local 
        educational agencies in the area to ensure a smooth and 
        successful transition to kindergarten.
            (15) A description of how the State monitoring process will 
        effectively assess and ensure the quality of State-funded 
        preschool programs.
            (16) A description of how the State will coordinate this 
        grant with the efforts of the State Advisory Council on Early 
        Childhood Education and Care (described in section 642B(b) of 
        the Head Start Act (42 U.S.C. 9837b(b))) or another State 
        entity that is coordinating a system of early childhood 
        development and education for children from birth to 
        kindergarten entry.
            (17) A description of how the State-funded preschool 
        programs that are not universal prioritize children from low-
        income families.
            (18) A description of how the State is working to eliminate 
        barriers and improve access to State-funded preschool programs 
        for children who live in rural areas.
            (19) A description of how the State is working to address 
        the transportation needs of families for whom lack of 
        transportation is a significant barrier to accessing State-
        funded preschool.
    (c) State Agency.--The application shall designate a State agency 
to administer and oversee grant funds and the activities carried out 
under this Act.

SEC. 6. USE OF FUNDS.

    (a) Priority.--In using funds provided under this Act, a State 
shall give priority to improving the quality of State-funded preschool 
in communities with high concentrations of low-income children.
    (b) Specific Uses.--Subject to subsections (c) and (d), a State 
that receives funds under this Act shall use such funds to carry out 1 
or more of the following activities:
            (1) To increase the number of teachers and program 
        directors in State-funded preschool programs who hold a 
        baccalaureate degree in early childhood education, or in a 
        related field if specialized training in early childhood 
        education has also been completed.
            (2) To increase the number of teacher aides in State-funded 
        preschool programs who hold an associate degree in early 
        childhood education, or in a related field if specialized 
        training in early childhood education has also been completed.
            (3) To increase the number of program directors, teachers, 
        and teacher aides who have specialized training in working with 
        children and families with limited English proficiency.
            (4) To increase the number of program directors, teachers, 
        and teacher aides who have specialized training in working with 
        children with disabilities.
            (5) To increase the compensation or benefits provided to 
        teachers, program directors, and teacher aides in State-funded 
        preschool programs in order to improve the ability of those 
        programs to recruit and retain such teachers, program 
        directors, and teacher aides.
            (6) To decrease group size in classrooms in State-funded 
        preschool programs.
            (7) To improve the teacher-to-student ratios in classrooms 
        in State-funded preschool programs.
            (8) To provide, in State-funded preschool programs, 1 or 
        more of the following comprehensive services that support 
        healthy child development and positive child outcomes and 
        school readiness:
                    (A) Vision and hearing screenings and referrals.
                    (B) Health and mental health screenings and 
                referrals.
                    (C) Parent involvement opportunities.
                    (D) Nutrition services.
            (9) To extend the number of--
                    (A) hours per day of program operation of State-
                funded preschool programs;
                    (B) days per week of program operation of State-
                funded preschool programs; or
                    (C) weeks per year of program operation of State-
                funded preschool programs.
            (10) To improve the State's system for monitoring the 
        quality of State-funded preschool programs.
            (11) To provide opportunities for intensive and on-going 
        research- and evidence-based professional development in the 
        domains described in section 4(a)(1)(A) for staff of State-
        funded preschool programs.
            (12) To provide induction and support for preschool program 
        directors, teachers, and staff during the first 3 years of 
        employment in a new position, and to provide on-going mentoring 
        to such individuals by persons with education and expertise in 
        supporting teachers in effective teaching practices with young 
        children and in supporting program directors in early childhood 
        education and program management.
            (13) To renovate existing facilities, except that such 
        renovation must be limited to minor rehabilitation or 
        remodeling needed to ensure that State-funded preschool program 
        facilities are age and developmentally appropriate.
            (14) To provide preschool classroom supplies or equipment.
    (c) Set-Aside.--A State that receives funds under this Act shall 
use 10 percent of such funds to improve the quality of early learning 
environments for children from birth to age 3 through research- and 
evidence-based methods.
    (d) Special Rule.--
            (1) In general.--Notwithstanding subsection (b), a 
        qualified State that receives funds under this Act may use not 
        more than 50 percent of the funds remaining after the set-aside 
        described under subsection (c) for the purpose of expanding a 
        State-funded preschool program, with priority for such 
        expansion to communities with high concentrations of low-income 
        children, that meets or exceeds the criteria in section 4(a) 
        if--
                    (A) the amount appropriated under section 13 is not 
                less than $250,000,000; or
                    (B) the State-funded preschool program meets or 
                exceeds the following criteria:
                            (i) The standards described in 
                        subparagraphs (A) and (B) of section 4(a)(1).
                            (ii) Each teacher holds a baccalaureate 
                        degree in early childhood education (or a 
                        related field if specialized training in early 
                        childhood education has also been completed).
                            (iii) Each provider provides full-day 
                        services at all locations.
                            (iv) Each provider provides comprehensive 
                        services to at-risk children participating in 
                        the State-funded preschool program.
                            (v) Each teacher participates in on-going 
                        professional development in child development 
                        and learning.
                            (vi) Each provider provides linguistically 
                        and culturally appropriate standards for 
                        serving children with limited English 
                        proficiency participating in the State-funded 
                        preschool program.
            (2) State definition and applicability.--For the purpose of 
        establishing a priority for expansion under paragraph (1), the 
        State shall define what constitutes a high concentration of 
        low-income children. In any State described in paragraph (1) in 
        which all communities with high concentrations of low-income 
        children are served by a State-funded preschool program, the 
        priority for expansion described in such paragraph shall not 
        apply.
    (e) Rule of Construction.--Funds provided under this Act shall be 
used only to improve or enhance a State-funded preschool program. 
Nothing in this Act shall be construed such that a State may use these 
funds only for existing State-funded preschool program providers.

SEC. 7. MATCHING REQUIREMENTS.

    The Secretary shall not make a grant to a State under this Act 
unless the State agrees to the following:
            (1) Qualified state.--In the case of a qualified State, the 
        State will make available non-Federal contributions in an 
        amount equal to not less than 30 percent of that portion of the 
        Federal funds provided under the grant that represent the base 
        allotment under section 3(b)(2).
            (2) Selected state.--In the case of a selected State, the 
        State will make available non-Federal contributions in an 
        amount equal to not less than 50 percent of that portion of the 
        Federal funds provided under the grant that represent the base 
        allotment under section 3(b)(2).

SEC. 8. REPORTING REQUIREMENTS.

    (a) Report to Congress.--For each year in which funding is provided 
under this Act, the Secretary shall submit an annual report to Congress 
on the activities carried out under this Act, including, at a minimum, 
information on the following:
            (1) The activities undertaken by qualified States and 
        selected States that improved or enhanced State-funded 
        preschool programs.
            (2) The progress of selected States in moving toward 
        fulfilling criteria to become a qualified State.
            (3) The extent to which the State used funds to expand a 
        State-funded preschool program, as allowed under section 6(d).
            (4) The costs and barriers to expansion, including building 
        and renovating preschool facilities so that such facilities are 
        high-quality and age and developmentally appropriate.
    (b) Report to Secretary.--Each State that receives a grant under 
this Act shall submit to the Secretary an annual report on the 
following:
            (1) The activities carried out by the State under this Act, 
        including--
                    (A) how funds provided under this Act were used to 
                enhance and improve the quality of State-funded 
                preschool programs, including enhancing and improving 
                the quality of State-funded preschool programs serving 
                children who live in a rural area; and
                    (B) such other information as the Secretary may 
                reasonably require.
            (2) The activities carried out by the State-funded 
        preschool program, including--
                    (A) the number and ages of children served by the 
                State-funded preschool program; and
                    (B) the number and ages of children in such program 
                with a disability, with limited English proficiency, 
                from low-income families, and from rural areas.

SEC. 9. SPECIAL RULE.

    Funds under this Act may not be used for the purposes of 
assessments that provide rewards or sanctions for individual children 
or teachers.

SEC. 10. APPLICATIONS FOR INDIAN TRIBES.

    The Secretary shall award competitive grants to Indian tribes and 
tribal organizations to carry out a program under this Act. An Indian 
tribe or tribal organization desiring to receive funds under this Act 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may reasonably require. For purposes of 
submitting such application and for expending funds received under this 
Act, Indian tribes and tribal organizations shall comply with sections 
4 through 9.

SEC. 11. DEFINITIONS.

    For purposes of this Act:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Poverty line.--The term ``poverty line'' has the 
        meaning given such term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Rural area.--The term ``rural area'' means a geographic 
        area served by a rural local educational agency.
            (4) Rural local education agency.--The term ``rural local 
        educational agency'' means a local educational agency having 
        administrative control or direction of schools which meet a 
        metro-centric locale code of 41, 42, or 43 as determined by the 
        National Center for Education Statistics, in conjunction with 
        the Bureau of the Census, using the system of the National 
        Center for Education Statistics for classifying local 
        educational agencies.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) State.--The term ``State'' has the meaning given such 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (7) State-funded preschool program.--The term ``State-
        funded preschool program'' means a program that--
                    (A) serves children who are ages 3 through 5;
                    (B) has a primary focus of supporting early 
                childhood education, including supporting children's 
                cognitive, social, emotional, and physical development 
                and approaches to learning;
                    (C) helps prepare children for a successful 
                transition to kindergarten; and
                    (D) is funded either in whole or in part by a State 
                through a State agency with authority to promulgate 
                regulations and monitor participating programs.
            (8) Limited english proficiency.--The term ``limited 
        English proficiency'', when used with respect to a child, means 
        a child--
                    (A)(i) who was not born in the United States or 
                whose native language is a language other than English;
                    (ii)(I) who is a Native American (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a 
                native resident of an outlying area (as defined in such 
                section 9101); and
                    (II) who comes from an environment where a language 
                other than English has had a significant impact on the 
                child's level of English language proficiency; or
                    (iii) who is migratory, whose native language is a 
                language other than English, and who comes from an 
                environment where a language other than English is 
                dominant; and
                    (B) whose difficulties in speaking or understanding 
                the English language may be sufficient to deny the 
                child--
                            (i) the ability to successfully achieve in 
                        a classroom in which the language of 
                        instruction is English; or
                            (ii) the opportunity to participate fully 
                        in society.

SEC. 12. CONSTRUCTION.

    Nothing in this Act shall be construed to require a child to attend 
a preschool program.

SEC. 13. AUTHORIZATION.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for each of the fiscal years 2014 through 
2018.
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