I 

113TH CONGRESS 

1ST SESSION H. R. 1041 

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

early education. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2013 

Mrs. MCCARTHY of New York introduced the following bill; which was 

referred to the Committee on Education and the Workforce 

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: 

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

9 life influence the developing brain and have a signifi10 cant and lasting impact. 


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

2 early learning experiences that can support chil3 dren’s cognitive, social, and emotional development 

4 and help prepare children to succeed in school and 

5 in life. 

6 (3) Research shows that high-quality early edu7 cation programs can improve early reading and early 

8 mathematics skills, decrease grade retention, de9 crease the need for special education services, and 

10 increase the likelihood that children will graduate 

11 from secondary school and become productive mem12 bers of society. 

13 (4) The economic benefits of early education ex14 periences are clear, and providing parents with 

15 greater access to high-quality early learning pro16 grams will benefit children, families, and our Nation. 

17 (5) High-quality early education programs have 

18 well-trained and well-compensated teachers, small 

19 class sizes, a full-day program, comprehensive serv20 ices, family participation, and a research-based cur21 riculum that aligns with strong early learning stand22 ards. The quality of State early education programs 

23 varies significantly across the United States. 

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

25 3 through 5 who are not in kindergarten spend time 


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1 in non-parental care each week, research suggests 

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

3 the full range of their developmental needs. 

4 (7) A Federal partnership with States— 

5 (A) will help increase access to voluntary, 

6 high-quality preschool programs; 

7 (B) is a necessary step to improving the 

8 Nation’s elementary and secondary schools and 

9 helping States close the achievement gap and 

10 improve graduation rates; and 

11 (C) should be a national priority. 

12 SEC. 3. EARLY EDUCATION GRANTS. 

13 (a) PROGRAM ESTABLISHED.—From amounts made 

14 available to carry out this Act, the Secretary, in consulta15 tion with the Secretary of Health and Human Services, 

16 shall make grants each fiscal year to States to enhance 

17 or improve State-funded preschool programs. 

18 (b) ALLOTMENT.— 

19 (1) DETERMINATION.—From funds appro20 priated under section 13, and not reserved under 

21 subsection (c), the Secretary shall make a base allot22 ment to each State that has submitted an approved 

23 application and is either— 

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

25 4(a)); or 


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1 (B) a selected State (as designated under 

2 section 4(b)). 

3 (2) AMOUNT.—The amount of the base allot4 ment described under paragraph (1) for each State 

5 shall be based on the number of children who are 

6 under age 5 from a family with income below the 

7 poverty line for each State, compared to the number 

8 of such children from all States, except that no 

9 State shall have a base allotment that is less than 

10 0.25 percent of the amounts appropriated under this 

11 Act. 

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

13 Secretary shall determine the amount of the base al14 lotment under paragraph (2) as if every State was 

15 to receive a base allotment. 

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

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

18 Secretary shall reallot any funds remaining after the 

19 determination of a base allotment under paragraph 

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

21 application and is a qualified State. Such remaining 

22 funds shall be realloted among such qualified States 

23 and shall be determined by comparing the number of 

24 children who are under age 5 from a family with inVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1041.IH H1041

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1 come below the poverty line for each such qualified 

2 State to such number for all such qualified States. 

3 (c) RESERVATION.—From the amount appropriated 

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

5 reserve 1 percent for the purpose of making grants to In6 dian tribes and tribal organizations, as described in sec7 tion 10. 

8 SEC. 4. STATE ELIGIBILITY. 

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

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

11 of the following criteria: 

12 (1) The State carries out a voluntary State13 funded preschool program that includes, at a min14 imum, the following: 

15 (A) Use of research-based curricula that 

16 are aligned with State early learning standards 

17 that are developmentally appropriate and in18 clude, at a minimum, each of the following do19 mains: 

20 (i) Language development. 

21 (ii) Literacy. 

22 (iii) Mathematics. 

23 (iv) Science. 

24 (v) Creative arts. 

25 (vi) Social and emotional development. 


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1 (vii) Approaches to learning. 

2 (viii) Physical and health develop3 ment. 

4 (B) Use of nationally established, or bet5 ter, best practices for group size and teacher-to6 student ratios, appropriate to the age group 

7 being served. 

8 (C) A requirement that each teacher holds 

9 an associate degree, or higher, in early child10 hood education or a related field. 

11 (D) A requirement to operate for at least 

12 the length of an academic year. 

13 (2) The State shall have developed a plan, in14 cluding a timetable, for moving toward a require15 ment for State-funded preschool programs that each 

16 teacher holds a baccalaureate degree in early child17 hood education, or in a related field if specialized 

18 training in early childhood education has also been 

19 completed, not more than 5 years after the State 

20 first receives a grant as a qualified State under this 

21 Act. 

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

23 the average per-child expenditure by the State and 

24 the State’s political subdivisions to support State25 funded preschool programs for the fiscal year for 


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

2 the average of such per-child expenditure for the 

3 previous 2 fiscal years. 

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

5 the total expenditure by the State to support State6 funded preschool programs for the fiscal year for 

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

8 such expenditure for the preceding fiscal year. 

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

10 the total expenditure by the State to support State11 funded child care services and activities for the fiscal 

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

13 greater than, such expenditure for the preceding fis14 cal year. 

15 (b) SELECTED STATES.— 

16 (1) IN GENERAL.—Each fiscal year, the Sec17 retary shall carry out, on a competitive basis, a proc18 ess for the designation of States as selected States 

19 for purposes of this Act. The Secretary shall deter20 mine whether to designate any States as selected 

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

22 to be designated as selected States. 

23 (2) BASIS FOR DETERMINATIONS.—The deter24 minations required by paragraph (1) shall be based 

25 on— 


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1 (A) a State meeting the requirements of 

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

3 (B) the quality of the applications sub4 mitted; and 

5 (C) the extent to which a State dem6 onstrates that the State, if designated, will be7 come a qualified State within 2 fiscal years. 

8 (3) PERIOD OF DESIGNATION.—A designation 

9 as a selected State under this subsection shall apply 

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

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

12 the State shall be treated for purposes of this Act 

13 as a qualified State rather than a selected State. 

14 SEC. 5. APPLICATIONS. 

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

16 under this Act shall submit an application to the Secretary 

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

18 reasonably require. In developing such application, the 

19 State shall consult with the State Advisory Council on 

20 Early Childhood Education and Care (described in section 

21 642B(b) of the Head Start Act (42 U.S.C. 9837b(b))) or 

22 a similar State entity, and providers of early childhood 

23 programs operating in the State. 


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1 (b) REQUIRED CONTENTS.—The application referred 

2 to in subsection (a) shall include, at a minimum, the fol3 lowing: 

4 (1) If the State desires to be treated as a quali5 fied State, information sufficient for the Secretary to 

6 determine whether the State is a qualified State. 

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

8 selected State— 

9 (A) assurances that the State, if des10 ignated as a selected State, will become a quali11 fied State within 2 fiscal years; 

12 (B) information sufficient for the Sec13 retary to determine whether the State meets the 

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

15 section 4(a); and 

16 (C) information relating to any competitive 

17 criteria that the Secretary may establish. 

18 (3) A description of how the funds received 

19 under this Act will be used to enhance or improve 

20 preschool programs in the State. 

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

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

23 in high-quality early education programs, including 

24 the building of new facilities, as appropriate. 


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

2 that any funds made available to State-funded pre3 school program providers are made available to a 

4 range of types of such preschool providers, including 

5 local educational agencies and community-based pro6 viders such as child care and Head Start, as appro7 priate. 

8 (6) Assurances that amounts received by the 

9 State under this Act will be used only to supple10 ment, and not to supplant, Federal, State, and local 

11 funds otherwise available to support existing early 

12 childhood services and activities. 

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

14 the effectiveness of the use of funds received under 

15 this Act. 

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

17 funds to better meet the needs of low-income work18 ing parents. 

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

20 help meet the developmental needs of children in the 

21 State. 

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

23 that State-funded preschool programs are available 

24 to, and appropriate for, children with disabilities. 


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1 (11) A description of how the State-funded pre2 school programs will be culturally and linguistically 

3 appropriate and how the State plans to meet the 

4 early education needs of children with limited 

5 English proficiency. 

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

7 to develop and use research-based curricula that are 

8 aligned with State early learning standards and are 

9 linguistically and culturally appropriate for children 

10 with limited English proficiency. 

11 (13) A description of how the State agency des12 ignated under subsection (c) will coordinate with 

13 other State agencies delivering early childhood devel14 opment programs or services. 

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

16 that State-funded preschool programs will coordinate 

17 with local educational agencies in the area to ensure 

18 a smooth and successful transition to kindergarten. 

19 (15) A description of how the State monitoring 

20 process will effectively assess and ensure the quality 

21 of State-funded preschool programs. 

22 (16) A description of how the State will coordi23 nate this grant with the efforts of the State Advisory 

24 Council on Early Childhood Education and Care (de25 scribed in section 642B(b) of the Head Start Act 


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1 (42 U.S.C. 9837b(b))) or another State entity that 

2 is coordinating a system of early childhood develop3 ment and education for children from birth to kin4 dergarten entry. 

5 (17) A description of how the State-funded pre6 school programs that are not universal prioritize 

7 children from low-income families. 

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

9 to eliminate barriers and improve access to State10 funded preschool programs for children who live in 

11 rural areas. 

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

13 to address the transportation needs of families for 

14 whom lack of transportation is a significant barrier 

15 to accessing State-funded preschool. 

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

17 a State agency to administer and oversee grant funds and 

18 the activities carried out under this Act. 

19 SEC. 6. USE OF FUNDS. 

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

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

22 of State-funded preschool in communities with high con23 centrations of low-income children. 

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

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


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1 such funds to carry out 1 or more of the following activi2 ties: 

3 (1) To increase the number of teachers and 

4 program directors in State-funded preschool pro5 grams who hold a baccalaureate degree in early 

6 childhood education, or in a related field if special7 ized training in early childhood education has also 

8 been completed. 

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

10 State-funded preschool programs who hold an asso11 ciate degree in early childhood education, or in a re12 lated field if specialized training in early childhood 

13 education has also been completed. 

14 (3) To increase the number of program direc15 tors, teachers, and teacher aides who have special16 ized training in working with children and families 

17 with limited English proficiency. 

18 (4) To increase the number of program direc19 tors, teachers, and teacher aides who have special20 ized training in working with children with disabil21 ities. 

22 (5) To increase the compensation or benefits 

23 provided to teachers, program directors, and teacher 

24 aides in State-funded preschool programs in order to 

25 improve the ability of those programs to recruit and 


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1 retain such teachers, program directors, and teacher 

2 aides. 

3 (6) To decrease group size in classrooms in 

4 State-funded preschool programs. 

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

6 classrooms in State-funded preschool programs. 

7 (8) To provide, in State-funded preschool pro8 grams, 1 or more of the following comprehensive 

9 services that support healthy child development and 

10 positive child outcomes and school readiness: 

11 (A) Vision and hearing screenings and re12 ferrals. 

13 (B) Health and mental health screenings 

14 and referrals. 

15 (C) Parent involvement opportunities. 

16 (D) Nutrition services. 

17 (9) To extend the number of— 

18 (A) hours per day of program operation of 

19 State-funded preschool programs; 

20 (B) days per week of program operation of 

21 State-funded preschool programs; or 

22 (C) weeks per year of program operation of 

23 State-funded preschool programs. 


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1 (10) To improve the State’s system for moni2 toring the quality of State-funded preschool pro3 grams. 

4 (11) To provide opportunities for intensive and 

5 on-going research- and evidence-based professional 

6 development in the domains described in section 

7 4(a)(1)(A) for staff of State-funded preschool pro8 grams. 

9 (12) To provide induction and support for pre10 school program directors, teachers, and staff during 

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

12 and to provide on-going mentoring to such individ13 uals by persons with education and expertise in sup14 porting teachers in effective teaching practices with 

15 young children and in supporting program directors 

16 in early childhood education and program manage17 ment. 

18 (13) To renovate existing facilities, except that 

19 such renovation must be limited to minor rehabilita20 tion or remodeling needed to ensure that State-fund21 ed preschool program facilities are age and develop22 mentally appropriate. 

23 (14) To provide preschool classroom supplies or 

24 equipment. 


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

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

3 the quality of early learning environments for children 

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

5 methods. 

6 (d) SPECIAL RULE.— 

7 (1) IN GENERAL.—Notwithstanding subsection 

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

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

10 remaining after the set-aside described under sub11 section (c) for the purpose of expanding a State12 funded preschool program, with priority for such ex13 pansion to communities with high concentrations of 

14 low-income children, that meets or exceeds the cri15 teria in section 4(a) if— 

16 (A) the amount appropriated under section 

17 13 is not less than $250,000,000; or 

18 (B) the State-funded preschool program 

19 meets or exceeds the following criteria: 

20 (i) The standards described in sub21 paragraphs (A) and (B) of section 4(a)(1). 

22 (ii) Each teacher holds a bacca23 laureate degree in early childhood edu24 cation (or a related field if specialized 


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1 training in early childhood education has 

2 also been completed). 

3 (iii) Each provider provides full-day 

4 services at all locations. 

5 (iv) Each provider provides com6 prehensive services to at-risk children par7 ticipating in the State-funded preschool 

8 program. 

9 (v) Each teacher participates in on10 going professional development in child de11 velopment and learning. 

12 (vi) Each provider provides linguis13 tically and culturally appropriate standards 

14 for serving children with limited English 

15 proficiency participating in the State-fund16 ed preschool program. 

17 (2) STATE DEFINITION AND APPLICABILITY.— 

18 For the purpose of establishing a priority for expan19 sion under paragraph (1), the State shall define 

20 what constitutes a high concentration of low-income 

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

22 which all communities with high concentrations of 

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

24 preschool program, the priority for expansion de25 scribed in such paragraph shall not apply. 


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1 (e) RULE OF CONSTRUCTION.—Funds provided 

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

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

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

5 only for existing State-funded preschool program pro6 viders. 

7 SEC. 7. MATCHING REQUIREMENTS. 

8 The Secretary shall not make a grant to a State 

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

10 (1) QUALIFIED STATE.—In the case of a quali11 fied State, the State will make available non-Federal 

12 contributions in an amount equal to not less than 30 

13 percent of that portion of the Federal funds pro14 vided under the grant that represent the base allot15 ment under section 3(b)(2). 

16 (2) SELECTED STATE.—In the case of a se17 lected State, the State will make available non-Fed18 eral contributions in an amount equal to not less 

19 than 50 percent of that portion of the Federal funds 

20 provided under the grant that represent the base al21 lotment under section 3(b)(2). 

22 SEC. 8. REPORTING REQUIREMENTS. 

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

24 funding is provided under this Act, the Secretary shall 

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1 ried out under this Act, including, at a minimum, informa2 tion on the following: 

3 (1) The activities undertaken by qualified 

4 States and selected States that improved or en5 hanced State-funded preschool programs. 

6 (2) The progress of selected States in moving 

7 toward fulfilling criteria to become a qualified State. 

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

9 to expand a State-funded preschool program, as al10 lowed under section 6(d). 

11 (4) The costs and barriers to expansion, includ12 ing building and renovating preschool facilities so 

13 that such facilities are high-quality and age and de14 velopmentally appropriate. 

15 (b) REPORT TO SECRETARY.—Each State that re16 ceives a grant under this Act shall submit to the Secretary 

17 an annual report on the following: 

18 (1) The activities carried out by the State 

19 under this Act, including— 

20 (A) how funds provided under this Act 

21 were used to enhance and improve the quality 

22 of State-funded preschool programs, including 

23 enhancing and improving the quality of State24 funded preschool programs serving children who 

25 live in a rural area; and 


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1 (B) such other information as the Sec2 retary may reasonably require. 

3 (2) The activities carried out by the State-fund4 ed preschool program, including— 

5 (A) the number and ages of children 

6 served by the State-funded preschool program; 

7 and 

8 (B) the number and ages of children in 

9 such program with a disability, with limited 

10 English proficiency, from low-income families, 

11 and from rural areas. 

12 SEC. 9. SPECIAL RULE. 

13 Funds under this Act may not be used for the pur14 poses of assessments that provide rewards or sanctions for 

15 individual children or teachers. 

16 SEC. 10. APPLICATIONS FOR INDIAN TRIBES. 

17 The Secretary shall award competitive grants to In18 dian tribes and tribal organizations to carry out a program 

19 under this Act. An Indian tribe or tribal organization de20 siring to receive funds under this Act shall submit an ap21 plication to the Secretary at such time and in such manner 

22 as the Secretary may reasonably require. For purposes of 

23 submitting such application and for expending funds re24 ceived under this Act, Indian tribes and tribal organiza25 tions shall comply with sections 4 through 9. 


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1 SEC. 11. DEFINITIONS. 

2 For purposes of this Act: 

3 (1) LOCAL EDUCATIONAL AGENCY.—The term 

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

5 such term in section 9101 of the Elementary and 

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

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

8 has the meaning given such term in section 9101 of 

9 the Elementary and Secondary Education Act of 

10 1965 (20 U.S.C. 7801). 

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

12 means a geographic area served by a rural local edu13 cational agency. 

14 (4) RURAL LOCAL EDUCATION AGENCY.—The 

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

16 educational agency having administrative control or 

17 direction of schools which meet a metro-centric lo18 cale code of 41, 42, or 43 as determined by the Na19 tional Center for Education Statistics, in conjunc20 tion with the Bureau of the Census, using the sys21 tem of the National Center for Education Statistics 

22 for classifying local educational agencies. 

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

24 the Secretary of Education. 

25 (6) STATE.—The term ‘‘State’’ has the mean26 ing given such term in section 9101 of the ElemenVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1041.IH H1041

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1 tary and Secondary Education Act of 1965 (20 

2 U.S.C. 7801). 

3 (7) STATE-FUNDED PRESCHOOL PROGRAM.— 

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

5 a program that— 

6 (A) serves children who are ages 3 through 

7 5; 

8 (B) has a primary focus of supporting 

9 early childhood education, including supporting 

10 children’s cognitive, social, emotional, and phys11 ical development and approaches to learning; 

12 (C) helps prepare children for a successful 

13 transition to kindergarten; and 

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

15 a State through a State agency with authority 

16 to promulgate regulations and monitor partici17 pating programs. 

18 (8) LIMITED ENGLISH PROFICIENCY.—The 

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

20 respect to a child, means a child— 

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

22 States or whose native language is a language 

23 other than English; 

24 (ii)(I) who is a Native American (as de25 fined in section 9101 of the Elementary and 


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

2 7801)), an Alaska Native, or a native resident 

3 of an outlying area (as defined in such section 

4 9101); and 

5 (II) who comes from an environment where 

6 a language other than English has had a sig7 nificant impact on the child’s level of English 

8 language proficiency; or 

9 (iii) who is migratory, whose native lan10 guage is a language other than English, and 

11 who comes from an environment where a lan12 guage other than English is dominant; and 

13 (B) whose difficulties in speaking or un14 derstanding the English language may be suffi15 cient to deny the child— 

16 (i) the ability to successfully achieve 

17 in a classroom in which the language of in18 struction is English; or 

19 (ii) the opportunity to participate fully 

20 in society. 

21 SEC. 12. CONSTRUCTION. 

22 Nothing in this Act shall be construed to require a 

23 child to attend a preschool program. 


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1 SEC. 13. AUTHORIZATION. 

2 There are authorized to be appropriated to carry out 

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

4 fiscal years 2014 through 2018. 

Æ 


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