I 

111TH CONGRESS 

1ST SESSION H. R. 702 

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

early education. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2009 

Ms. HIRONO (for herself, Mr. GEORGE MILLER of California, Mr. CASTLE, 

Mr. ANDREWS, Mrs. DAVIS of California, Mr. TIERNEY, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BERMAN, Mr. BISHOP of New York, Ms. 

BORDALLO, Mr. BRADY of Pennsylvania, Ms. CORRINE BROWN of Florida, Ms. CASTOR of Florida, Mr. CLEAVER, Mr. CONNOLLY of Virginia, 

Mr. CONYERS, Mr. CROWLEY, Ms. EDWARDS of Maryland, Mr. FARR, 

Mr. FATTAH, Mr. FILNER, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. 

GUTIERREZ, Mr. HARE, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. 

HINOJOSA, Mr. HOLT, Mr. HONDA, Mr. KENNEDY, Ms. KILPATRICK of 

Michigan, Mr. KUCINICH, Mr. LOEBSACK, Ms. MCCOLLUM, Mr. 

MCNERNEY, Mrs. MALONEY, Mr. MOORE of Kansas, Mr. PALLONE, Mr. 

PERLMUTTER, Mr. POLIS of Colorado, Mr. PRICE of North Carolina, Mr. 

REYES, Mr. RUPPERSBERGER, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

SARBANES, Ms. SCHAKOWSKY, Ms. SCHWARTZ, Ms. SHEA-PORTER, Mr. 

STARK, Ms. SUTTON, Mr. VAN HOLLEN, Mr. WELCH, Ms. WOOLSEY, Mr. 

WU, and Mr. YARMUTH) introduced the following bill; which was referred 

to the Committee on Education and Labor 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Early for Kids Act of 2009’’ or the ‘‘PRE-K Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

6 (1) Children’s experiences in the first five years 

7 of life influence the developing brain and have sig8 nificant and lasting impact. 

9 (2) All children deserve access to high quality 

10 early learning experiences that can support their 

11 cognitive, social, and emotional development and 

12 help prepare them to succeed in school and in life. 

13 (3) Research shows that high quality early edu14 cation programs can improve early reading and early 

15 math skills, decrease grade retention, decrease the 

16 need for special education services, and increase the 

17 likelihood that children will graduate from high 

18 school and become productive members of society. 

19 (4) The economic benefits of early education ex20 periences are clear and providing parents greater ac21 cess to high-quality early learning programs will 

22 benefit children, families, and our Nation. 

23 (5) High quality early education programs have 

24 well-trained and well-compensated teachers, small 

25 class sizes, a full-day program, comprehensive serv26 ices, family participation, and a research-based curVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H702.IH H702

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1 riculum that aligns with strong early learning stand2 ards. The quality of State early education programs 

3 varies significantly across the country. 

4 (6) While nearly three-quarters of three5 through five-year-olds not in kindergarten spend 

6 time in nonparental care each week, research sug7 gests that most are not in high quality settings that 

8 meet the full range of their developmental needs. 

9 (7) A Federal partnership with States— 

10 (A) will help increase access to voluntary 

11 high quality preschool programs; 

12 (B) is a necessary step to improving the 

13 Nation’s elementary and secondary schools and 

14 helping States close the achievement gap and 

15 improve graduation rates; and 

16 (C) should be a national priority. 

17 SEC. 3. EARLY EDUCATION GRANTS. 

18 (a) PROGRAM ESTABLISHED.—Each fiscal year, from 

19 amounts made available to carry out this Act, the Sec20 retary, in consultation with the Secretary of Health and 

21 Human Services, shall make grants to States to enhance 

22 or improve State-funded preschool programs, as defined 

23 by the State. 

24 (b) ALLOTMENT.— 


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1 (1) DETERMINATION.—After making the res2 ervation described in subsection (c), from funds ap3 propriated under section 13, the Secretary shall 

4 make a base allotment to each State that has sub5 mitted an approved application and is either— 

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

7 4(a)); or 

8 (B) a selected State (as designated under 

9 section 4(b)). 

10 (2) AMOUNT.—The amount of the base allot11 ment described under paragraph (1) for each State 

12 shall be based on the number of children up to age 

13 5 from families with incomes below the poverty line 

14 for each State, compared to the number of such chil15 dren from all States, except that no State shall have 

16 a base allotment less than .25 percent of the 

17 amounts appropriated under this Act. 

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

19 Secretary shall determine the amount of the base al20 lotment determined under paragraph (2) as if every 

21 State was to receive a base allotment. 

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

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

24 Secretary shall reallot any funds remaining after the 

25 determination of a base allotment under paragraph 


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

2 application and is a qualified State. Such remaining 

3 funds shall be realloted among such qualified States 

4 and shall be determined by comparing the number of 

5 children up to age 5 from families with incomes 

6 below the poverty line for each such qualified State 

7 to such number for all such qualified States. 

8 (c) RESERVATION.—Prior to making any allotments 

9 under subsection (b), the Secretary shall reserve 1 percent 

10 for the purpose of making grants to Indian tribes and trib11 al organizations as described in section 10. 

12 SEC. 4. STATE ELIGIBILITY. 

13 (a) QUALIFIED STATES.— 

14 (1) IN GENERAL.—For purposes of this Act, 

15 the term ‘‘qualified State’’ means a State that meets 

16 each of the following criteria: 

17 (A) The State carries out a voluntary 

18 State-funded preschool program that requires, 

19 at a minimum, the following: 

20 (i) Use of research-based curricula 

21 that are aligned with State early learning 

22 standards that are developmentally appro23 priate and include, at a minimum, each of 

24 the following domains: 

25 (I) Language development. 


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1 (II) Literacy. 

2 (III) Mathematics. 

3 (IV) Science. 

4 (V) Creative arts. 

5 (VI) Social and emotional devel6 opment. 

7 (VII) Approaches to learning. 

8 (VIII) Physical and health devel9 opment. 

10 (ii) Use of nationally established, or 

11 better, best practices for group size and 

12 teacher-to-student ratios, appropriate to 

13 the age group being served. 

14 (iii) A requirement that each teacher 

15 holds an associate degree, or higher, in 

16 early childhood education or a related field. 

17 (iv) A requirement to operate for at 

18 least the length of an academic year. 

19 (B) The State shall have developed a plan, 

20 including a timetable, for moving toward a re21 quirement for State-funded preschool programs 

22 that each teacher holds a baccalaureate degree 

23 in early childhood education, or in a related 

24 field if specialized training in early childhood 

25 education has also been completed, within 5 


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1 years after the State first receives a grant as a 

2 qualified State under this Act. 

3 (C) The State, at a minimum, shall ensure 

4 that the average per-child expenditure by the 

5 State and its political subdivisions to support 

6 State-funded preschool programs for the fiscal 

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

8 greater than, the average of such per-child ex9 penditure for the previous 2 fiscal years. 

10 (D) The State, at a minimum, shall ensure 

11 that the total expenditure by the State and its 

12 political subdivisions to support State-funded 

13 preschool programs for the fiscal year for which 

14 the grant is made is equal to, or greater than, 

15 such expenditure for the preceding fiscal year. 

16 (E) The State, at a minimum, shall ensure 

17 that the total expenditure by the State and its 

18 political subdivisions to support State-funded 

19 child care services and activities for the fiscal 

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

21 greater than, such expenditure for the pre22 ceding fiscal year. 

23 (b) SELECTED STATES.— 

24 (1) IN GENERAL.—Each fiscal year, the Sec25 retary shall carry out, on a competitive basis, a procVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H702.IH H702

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1 ess for the designation of States as selected States 

2 for purposes of this Act. Under the process, the Sec3 retary shall determine whether to designate any 

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

5 to be designated. 

6 (2) BASIS FOR DETERMINATIONS.—The deter7 minations required by paragraph (1) shall be based 

8 on— 

9 (A) the State meeting the requirements of 

10 subparagraphs (C) through (E) of subsection 

11 (a)(1); 

12 (B) the quality of the applications sub13 mitted; and 

14 (C) the extent to which the State dem15 onstrates that the State, if designated, will be16 come a qualified State within 2 fiscal years. 

17 (3) PERIOD OF DESIGNATION.—A designation 

18 under this subsection shall apply to a State for two 

19 fiscal years. However, if a State is both a qualified 

20 State and a selected State for a fiscal year, it shall 

21 be treated for purposes of this Act as a qualified 

22 State rather than a selected State. 

23 SEC. 5. APPLICATIONS. 

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

25 under this Act shall submit an application to the Secretary 


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

2 reasonably require. In developing such application, the 

3 State shall consult with the State Advisory Council on 

4 Early Childhood Education and Care (described in section 

5 642B(b) of the Head Start Act (42 U.S.C. 9837b(b))) or 

6 similar State entity, and providers of early childhood pro7 grams operating in the State. 

8 (b) REQUIRED CONTENTS.—The application referred 

9 to in subsection (a) shall include, at a minimum, the fol10 lowing contents: 

11 (1) If the State desires to be treated as a quali12 fied State, information sufficient for the Secretary to 

13 determine whether the State is a qualified State. 

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

15 selected State— 

16 (A) assurances that the State, if des17 ignated as a selected State, will become a quali18 fied State within two fiscal years; 

19 (B) information sufficient for the Sec20 retary to determine whether the State meets the 

21 requirements of subparagraphs (C) through (E) 

22 of section 4(a)(1); and 

23 (C) information relating to any competitive 

24 criteria that the Secretary may establish. 


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1 (3) A description of how the funds received 

2 under this Act will be used to enhance or improve 

3 preschool programs in the State. 

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

5 to build its capacity to serve more children in high 

6 quality early education programs, including the 

7 building of new facilities, as appropriate. 

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

9 that any funds made available to preschool providers 

10 are made available to a range of types of preschool 

11 providers, including local educational agencies and 

12 community-based providers such as child care and 

13 Head Start, as appropriate. 

14 (6) Assurances that amounts received by the 

15 State under this Act will be used only to supple16 ment, and not to supplant, Federal, State, and local 

17 funds otherwise available to support existing early 

18 childhood services and activities. 

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

20 the effectiveness of the use of these funds. 

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

22 funds to better meet the needs of low-income work23 ing parents. 


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

2 help meet the developmental needs of children in the 

3 State. 

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

5 that State-funded preschool programs are available 

6 to, and appropriate for, children with disabilities. 

7 (11) A description of how the State-funded pre8 school programs will be culturally and linguistically 

9 appropriate and how the State plans to meet the 

10 early education needs of children with limited 

11 English proficiency. 

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

13 to develop and use research-based curricula that are 

14 aligned with State early learning standards and are 

15 linguistically and culturally appropriate for children 

16 with limited English proficiency. 

17 (13) A description of how the State agency des18 ignated under subsection (c) will coordinate with 

19 other State agencies delivering early childhood devel20 opment programs or services. 

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

22 that State-funded preschool programs will coordinate 

23 with the local educational agencies in their area to 

24 ensure a smooth and successful transition to kinder25 garten. 


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1 (15) A description of how the State monitoring 

2 process will effectively assess and ensure the quality 

3 of State-funded preschool programs. 

4 (16) A description of how the State will coordi5 nate this grant with the efforts of the State Advisory 

6 Council on Early Childhood Education and Care (de7 scribed in section 642B(b) of the Head Start Act 

8 (42 U.S.C. 9837b(b))) or other State entity that is 

9 coordinating a system of early childhood develop10 ment and education for children from birth to kin11 dergarten entry. 

12 (17) A description of how the State-funded pre13 school programs that are not universal prioritize 

14 children from low-income families. 

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

16 to eliminate barriers and improve access to State17 funded preschool programs for children who live in 

18 rural areas. 

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

20 to address the transportation needs of families for 

21 whom lack of transportation is a significant barrier 

22 to accessing State-funded preschool. 

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

24 a State agency to administer and oversee those funds and 

25 the activities carried out under this Act. 


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1 SEC. 6. USE OF FUNDS. 

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

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

4 of State-funded preschool in communities with high con5 centrations of low-income children. 

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

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

8 such funds for any one or more of the following: 

9 (1) To increase the number of teachers and 

10 program directors in State-funded preschool pro11 grams who hold a baccalaureate degree in early 

12 childhood education, or in a related field if special13 ized training in early childhood education has also 

14 been completed. 

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

16 State-funded preschool programs who hold an asso17 ciate degree in early childhood education, or in a re18 lated field if specialized training in early childhood 

19 education has also been completed. 

20 (3) To increase the number of program direc21 tors, teachers, and teacher aides who have special22 ized training in working with children and families 

23 with limited English proficiency. 

24 (4) To increase the number of program direc25 tors, teachers, and teacher aides who have specialVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H702.IH H702

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1 ized training in working with children with disabil2 ities. 

3 (5) To increase the compensation or benefits 

4 provided to teachers, program directors, and teacher 

5 aides in State-funded preschool programs in order to 

6 improve the ability of those programs to recruit and 

7 retain such teachers, program directors, and teacher 

8 aides. 

9 (6) To decrease group size in classrooms in 

10 State-funded preschool programs. 

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

12 classrooms in State-funded preschool programs. 

13 (8) To provide, in State-funded preschool pro14 grams, one or more of the following comprehensive 

15 services that support healthy child development and 

16 positive child outcomes and school readiness: 

17 (A) Vision and hearing screenings and re18 ferrals. 

19 (B) Health and mental health screenings 

20 and referrals. 

21 (C) Parent involvement opportunities. 

22 (D) Nutrition services. 

23 (9) To extend the number of— 

24 (A) hours per day of program operation of 

25 State-funded preschool programs; 


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1 (B) days per week of program operation of 

2 State-funded preschool programs; or 

3 (C) weeks per year of program operation of 

4 State-funded preschool programs. 

5 (10) To improve the State’s system for moni6 toring the quality of State-funded preschool pro7 grams. 

8 (11) To provide opportunities for intensive and 

9 on-going research- and evidence-based professional 

10 development in the domains described in section 

11 4(a)(1)(A)(i) for staff of State-funded preschool pro12 grams. 

13 (12) To provide induction and support for pre14 school program directors, teachers, and staff during 

15 their first 3 years of employment in a new position, 

16 and to provide on-going mentoring to such individ17 uals by persons with education and expertise in sup18 porting teachers in effective teaching practices with 

19 young children and in supporting program directors 

20 in early childhood education and program manage21 ment. 

22 (13) To renovate existing facilities, except that 

23 such renovation must be limited to minor rehabilita24 tion or remodeling needed to ensure that State-fundVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H702.IH H702

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1 ed preschool program facilities are age and develop2 mentally appropriate. 

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 three through research- and evidence7 based 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 up to 50 percent of the funds remain12 ing after application of subsection (c) for the pur13 pose of expanding a State-funded preschool pro14 gram, with priority for such expansion to commu15 nities with high concentrations of low-income chil16 dren, that meets or exceeds the criteria in section 

17 4(a) if— 

18 (A) the amount appropriated under section 

19 13 is at least $250,000,000; or 

20 (B) the State-funded preschool program 

21 meets or exceeds the following criteria: 

22 (i) The standards described in clauses 

23 (i) and (ii) of section 4(a)(1)(A). 

24 (ii) Each teacher holds a bacca25 laureate degree in early childhood eduVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H702.IH H702

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1 cation or a related field if specialized train2 ing in early childhood education has also 

3 been completed. 

4 (iii) Each program provides full-day 

5 services at all locations. 

6 (iv) Each program 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 program 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 programs. 

8 SEC. 7. MATCHING REQUIREMENTS. 

9 The Secretary shall not make a grant to a State 

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

11 (1) QUALIFIED STATE.—In the case of a quali12 fied State, the State will make available non-Federal 

13 contributions in an amount equal to not less than 30 

14 percent of that portion of the Federal funds pro15 vided under the grant that represent the base allot16 ment under section 3(b)(2). 

17 (2) SELECTED STATE.—In the case of a se18 lected State, the State will make available non-Fed19 eral contributions in an amount equal to not less 

20 than 50 percent of that portion of the Federal funds 

21 provided under the grant that represent the base al22 lotment under section 3(b)(2). 

23 SEC. 8. REPORTING REQUIREMENTS. 

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

25 funding is provided under this Act, the Secretary shall 


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1 submit an annual report to the Congress on the activities 

2 carried out under this Act, including, at a minimum, infor3 mation on the following: 

4 (1) The activities undertaken by qualified 

5 States and selected States that improved or en6 hanced State-funded preschool programs. 

7 (2) The progress of selected States in moving 

8 toward fulfilling criteria to become a qualified State. 

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

10 to expand a State-funded preschool program, as al11 lowed under section 6(d). 

12 (4) The costs and barriers to expansion, includ13 ing building and renovating preschool facilities so 

14 that they are high quality and age and develop15 mentally appropriate. 

16 (b) REPORT TO SECRETARY.—Each State that re17 ceives a grant under this Act shall submit to the Secretary 

18 an annual report on the following: 

19 (1) The activities carried out by the State 

20 under this Act, including information on the fol21 lowing: 

22 (A) How funds provided under this Act 

23 were used to enhance and improve quality of 

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1 funded preschool programs serving children who 

2 live in a rural area. 

3 (B) Such other information as the Sec4 retary may reasonably require. 

5 (2) The activities carried out by the State-fund6 ed preschool program, including— 

7 (A) the number and ages of children 

8 served by the State-funded preschool program; 

9 and 

10 (B) the number and ages of children in 

11 such program with a disability, with limited 

12 English proficiency, from low-income families, 

13 and from rural areas. 

14 SEC. 9. SPECIAL RULE. 

15 Funds under this Act may not be used for the pur16 poses of assessments that provide rewards or sanctions for 

17 individual children or teachers. 

18 SEC. 10. APPLICATIONS FOR INDIAN TRIBES. 

19 The Secretary shall award competitive grants to In20 dian tribes and tribal organizations to carry out a program 

21 under this Act. An Indian tribe or tribal organization de22 siring to receive funds under this Act shall submit an ap23 plication to the Secretary at such time and in such manner 

24 as the Secretary may reasonably require. For purposes of 

25 submitting such application and for expending funds reVerDate Nov 24 2008 23:37 Jan 28, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H702.IH H702

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1 ceived under this Act, Indian tribes and tribal organiza2 tions shall comply with sections 4 through 8. 

3 SEC. 11. DEFINITIONS. 

4 For purposes of this Act: 

5 (1) LOCAL EDUCATIONAL AGENCY.—The term 

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

7 such term in section 9101 of the Elementary and 

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

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

10 has the meaning given such term in section 9101 of 

11 the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7801). 

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

14 means a geographic area served by a rural local edu15 cation agency. 

16 (4) RURAL LOCAL EDUCATION AGENCY.—The 

17 term ‘‘rural local education agency’’ means a local 

18 education agency having administrative control or 

19 direction of schools which meet a metro-centric lo20 cale code of 41, 42, or 43 as determined by the Na21 tional Center for Education Statistics, in conjunc22 tion with the Bureau of the Census, using the sys23 tem of the National Center for Education Statistics 

24 for classifying local educational agencies. 


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

2 the meaning given such term in section 9101 of the 

3 Elementary and Secondary Education Act of 1965 

4 (20 U.S.C. 7801). 

5 (6) STATE.—The term ‘‘State’’ has the mean6 ing given such term in section 9101 of the Elemen7 tary and Secondary Education Act of 1965 (20 

8 U.S.C. 7801). 

9 (7) STATE-FUNDED PRESCHOOL PROGRAM.— 

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

11 a program that— 

12 (A) serves children who are ages 3 through 

13 5; 

14 (B) has a primary focus of supporting 

15 early childhood education, including supporting 

16 children’s cognitive, social, emotional, and phys17 ical development and approaches to learning; 

18 (C) helps prepare children for a successful 

19 transition to kindergarten; and 

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

21 a State through a State agency with authority 

22 to promulgate regulations and monitor partici23 pating programs. 


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1 (8) WITH LIMITED ENGLISH PROFICIENCY.— 

2 The term ‘‘with limited English proficiency’’, when 

3 used with respect to a child, means a child— 

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

5 States or whose native language is a language 

6 other than English; 

7 (ii)(I) who is a Native American (as de8 fined in section 9101 of the Elementary and 

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

10 7801)), an Alaska Native, or a native resident 

11 of an outlying area (as defined in such section 

12 9101); and 

13 (II) who comes from an environment where 

14 a language other than English has had a sig15 nificant impact on the child’s level of English 

16 language proficiency; or 

17 (iii) who is migratory, whose native lan18 guage is a language other than English, and 

19 who comes from an environment where a lan20 guage other than English is dominant; and 

21 (B) whose difficulties in speaking or un22 derstanding the English language may be suffi23 cient to deny the child— 


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1 (i) the ability to successfully achieve 

2 in a classroom in which the language of in3 struction is English; or 

4 (ii) the opportunity to participate fully 

5 in society. 

6 SEC. 12. CONSTRUCTION. 

7 Nothing in this Act shall be construed to require a 

8 child to attend a preschool program. 

9 SEC. 13. AUTHORIZATION. 

10 There are authorized to be appropriated to carry out 

11 this Act $1,000,000,000 for each of fiscal years 2010 

12 through 2014. 

Æ 


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