I 

111TH CONGRESS 

1ST SESSION H. R. 555 

To assist States in establishing a universal prekindergarten program to ensure 

that all children 3, 4, and 5 years old have access to a high-quality 

full-day, full-calendar-year prekindergarten education. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2009 

Mr. KUCINICH (for himself, Mr. HINCHEY, Ms. WOOLSEY, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

To assist States in establishing a universal prekindergarten 

program to ensure that all children 3, 4, and 5 years 

old have access to a high-quality full-day, full-calendaryear prekindergarten 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 ‘‘Universal Prekinder5 garten Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds the following: 


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1 (1) High-quality prekindergarten programs help 

2 children to succeed academically. Children who at3 tended a high-quality prekindergarten program have 

4 higher academic achievement, lower rates of grade 

5 retention, are less likely to be placed in special edu6 cation, and graduate from high school at higher 

7 rates than those who did not. 

8 (2) Early childhood education can reduce juve9 nile delinquency rates. A 15-year study following 

10 989 low-income children who attended high-quality, 

11 comprehensive prekindergarten found that they were 

12 33 percent less likely to be arrested, and 42 percent 

13 less likely to be arrested for a violent crime, than 

14 children in the control group. 

15 (3) There is currently a drastic shortage of af16 fordable, quality early education programs that are 

17 accessible for working families. 

18 (4) Full-day, full-calendar-year universal pre19 kindergarten programs would ensure all children 3, 

20 4, and 5 years old have access to school readiness 

21 programs and quality child care. 

22 (5) Research shows that investing in quality 

23 prekindergarten programs will provide savings in the 

24 form of reduced need for remedial education, deVerDate Nov 24 2008 00:06 Jan 21, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H555.IH H555

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1 creased crime rates, lower school dropout rates, and 

2 decreased welfare dependence. 

3 (b) PURPOSE.—The purpose of this Act is to ensure 

4 that all children 3, 4, and 5 years old have access to a 

5 high-quality full-day, full-calendar-year prekindergarten 

6 program by providing grants to States to assist in devel7 oping a universal prekindergarten program that is vol8 untary and free-of-charge. 

9 SEC. 3. PREKINDERGARTEN GRANT PROGRAM AUTHORIZA10 TION. 

11 The Secretary of Health and Human Services, in con12 sultation with the Secretary of Education, shall provide 

13 grants to an agency designated by each State (hereafter 

14 in this Act referred to as the ‘‘designated State agency’’) 

15 for the development of high-quality full-day, full-calendar16 year universal prekindergarten programs for all children 

17 3, 4, and 5 years old in the State. 

18 SEC. 4. STATE REQUIREMENTS. 

19 (a) STATE MATCHING FUNDS.—Federal funds made 

20 available to a designated State agency under this Act shall 

21 be matched at least 20 percent by State funds. 

22 (b) STATE APPLICATION.—To be eligible to receive 

23 funds under this Act, a designated State agency shall sub24 mit an application at such time, in such manner, and con25 taining such information as the Secretary of Health and 


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1 Human Services may require. The application shall in2 clude the following: 

3 (1) How the designated State agency, in over4 seeing the State’s universal prekindergarten pro5 gram, will coordinate with other State agencies re6 sponsible for early childhood education and health 

7 programs. 

8 (2) A State plan to establish and implement a 

9 statewide universal prekindergarten program, in ac10 cordance with subsection (c). 

11 (c) STATE PLAN.—The State plan required under 

12 subsection (b)(2) shall include each of the following: 

13 (1) A description of the universal prekinder14 garten program that will be established and how it 

15 will support children’s cognitive, social, emotional, 

16 and physical development. 

17 (2) A statement of the goals for universal pre18 kindergarten programs and how program outcomes 

19 will be measured. 

20 (3) A description of— 

21 (A) how funding will be distributed to eli22 gible prekindergarten program providers based 

23 on the need for early childhood education in 

24 each geographical area served by such pro25 viders; and 


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1 (B) how the designated State agency will 

2 involve representatives of early childhood pro3 gram providers (including child care providers, 

4 Head Start programs, and State and local 

5 agencies) that sponsor programs addressing 

6 children 3, 4, and 5 years old. 

7 (4) A description of how the designated State 

8 agency will coordinate with existing State-funded 

9 prekindergarten programs, federally funded pro10 grams (such as Head Start programs), public school 

11 programs, and child care providers. 

12 (5) A description of how the designated State 

13 agency will work with the appropriate State agencies 

14 to raise awareness of the universal prekindergarten 

15 program among parents of all backgrounds and in16 form them of the specifics of participation in the 

17 program. 

18 (6) A description of how an eligible prekinder19 garten program provider may apply to the des20 ignated State agency for funding under this Act. 

21 (7) A plan to address the shortages of qualified 

22 early childhood education teachers, including how to 

23 increase such teachers’ compensation to be com24 parable to that of public school teachers. 


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1 (8) How the designated State agency will pro2 vide ongoing professional development opportunities 

3 to help increase the number of teachers in early 

4 childhood programs who meet the State’s education 

5 or credential requirements for prekindergarten 

6 teachers. 

7 (9) A plan to address how the universal pre8 kindergarten program will meet the needs of chil9 dren with disabilities, limited English proficiency, or 

10 other special needs, including children in the State 

11 foster care system and homeless children. 

12 (10) A plan to provide transportation to chil13 dren to and from the universal prekindergarten pro14 gram. 

15 (11) A description of how the State will provide 

16 the 20 percent match of Federal funds. 

17 (d) ADMINISTRATION.—A designated State agency 

18 may not use more than 5 percent of a grant under this 

19 Act for costs associated with State administration of the 

20 program under this Act. 

21 SEC. 5. LOCAL REQUIREMENTS. 

22 (a) IN GENERAL.—An eligible prekindergarten pro23 gram provider receiving funding under this Act shall— 

24 (1) maintain a maximum class size of 20 chil25 dren; 


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1 (2) maintain a ratio of not more than 10 chil2 dren for each member of the teaching staff; 

3 (3)(A) ensure that all prekindergarten teachers 

4 meet the requirements for teachers at a State-fund5 ed prekindergarten program under an applicable 

6 State law; and 

7 (B) document that the State is demonstrating 

8 significant progress in assisting prekindergarten 

9 teachers on working toward a bachelor of arts de10 gree with training in early childhood development or 

11 early childhood education; 

12 (4)(A) be accredited by a national organization 

13 with demonstrated experience in accrediting pre14 kindergarten programs; or 

15 (B) provide assurances that it shall obtain such 

16 accreditation not later than 3 years after first re17 ceiving funding under this Act; and 

18 (5) meet applicable State and local child care li19 censing health and safety standards. 

20 (b) LOCAL APPLICATION.—Eligible prekindergarten 

21 program providers desiring to receive funding under this 

22 Act shall submit an application to the designated State 

23 agency overseeing funds under this Act containing the fol24 lowing: 


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1 (1) A description of the prekindergarten pro2 gram. 

3 (2) A statement of the demonstrated need for 

4 a program, or an enhanced or expanded program, in 

5 the area served by the eligible prekindergarten pro6 gram provider. 

7 (3) A description of the age-appropriate and de8 velopmentally appropriate educational curriculum to 

9 be provided that will help children be ready for 

10 school and assist them in the transition to kinder11 garten. 

12 (4) A description of how the eligible prekinder13 garten program provider will collaborate with exist14 ing community-based child care providers and Head 

15 Start programs. 

16 (5) A description of how students and families 

17 will be assisted in obtaining supportive services 

18 available in their communities. 

19 (6) A plan to promote parental involvement in 

20 the prekindergarten program. 

21 (7) A description of how teachers will receive 

22 ongoing professional development in early childhood 

23 development and education. 


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1 (8) An assurance that prekindergarten pro2 grams receiving funds under this Act provide the 

3 data required in section 7(c). 

4 SEC. 6. PROFESSIONAL DEVELOPMENT SET-ASIDE. 

5 (a) IN GENERAL.—A designated State agency may 

6 set aside up to 5 percent of a grant under this Act for 

7 ongoing professional development activities for teachers 

8 and staff at prekindergarten programs that wish to par9 ticipate in the universal prekindergarten grant program 

10 under this Act. A designated State agency using the set11 aside for professional development must include in its ap12 plication the following: 

13 (1) A description of how the designated State 

14 agency will ensure that eligible prekindergarten pro15 gram providers in a range of settings (including 

16 child care providers, Head Start programs, and 

17 schools) will participate in the professional develop18 ment programs. 

19 (2) An assurance that, in developing its applica20 tion and in carrying out its program, the profes21 sional development provider has consulted, and will 

22 consult, with relevant agencies, early childhood orga23 nizations, early childhood education experts, and 

24 early childhood program providers. 


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1 (3) A description of how the designated State 

2 agency will ensure that the professional development 

3 is ongoing and accessible to educators in all geo4 graphic areas of the State, including by the use of 

5 advanced educational technologies. 

6 (4) A description of how the designated State 

7 agency will ensure that such set-aside funds will be 

8 used to pay the cost of additional education and 

9 training. 

10 (5) A description of how the designated State 

11 agency will work with other agencies and institutions 

12 of higher education to provide scholarships and 

13 other financial assistance to prekindergarten staff. 

14 (6) A description of how the State educational 

15 agency will provide a financial incentive, such as a 

16 financial stipend or a bonus, to educators who par17 ticipate in and complete such professional develop18 ment. 

19 (7) A description of how the professional devel20 opment activities will be carried out, including the 

21 following: 

22 (A) How programs and educators will be 

23 selected to participate. 

24 (B) How professional development pro25 viders will be selected, based on demonstrated 


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1 experience in providing research-based profes2 sional development to early childhood educators. 

3 (C) The types of research-based profes4 sional development activities that will be carried 

5 out in all domains of children’s physical, cog6 nitive, social, and emotional development and 

7 on early childhood pedagogy. 

8 (D) How the program will train early 

9 childhood educators to meet the diverse edu10 cational needs of children in the community, es11 pecially children who have limited English pro12 ficiency, disabilities, and other special needs. 

13 (E) How the program will coordinate with 

14 and build upon, but not supplant or duplicate, 

15 early childhood education professional develop16 ment activities that exist in the community. 

17 (b) USES OF FUNDS.—Funds set aside under this 

18 section may be used for ongoing professional develop19 ment— 

20 (1) to provide prekindergarten teachers and 

21 staff with the knowledge and skills for the applica22 tion of recent research on child cognitive, social, 

23 emotional, and physical development, including lan24 guage and literacy development, and on early child25 hood pedagogy; 


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1 (2) to provide the cost of education needed to 

2 obtain a credential or degree with specific training 

3 in early childhood development or education; 

4 (3) to work with children who have limited 

5 English proficiency, disabilities, and other special 

6 needs; and 

7 (4) to select and use developmentally appro8 priate screening and diagnostic assessments to im9 prove teaching and learning and make appropriate 

10 referrals for services to support prekindergarten 

11 children’s development and learning. 

12 SEC. 7. REPORTING. 

13 (a) REPORT BY SECRETARY.—For each year in which 

14 funding is provided under this Act, the Secretary of 

15 Health and Human Services shall submit an annual report 

16 to the Congress on the implementation and effectiveness 

17 of the universal prekindergarten program under this Act. 

18 (b) REPORT BY DESIGNATED STATE AGENCY.—Each 

19 designated State agency that provides grants to eligible 

20 prekindergarten program providers under this Act shall 

21 submit to the Secretary an annual report on the imple22 mentation and effectiveness of the programs in the State 

23 supported under this Act. Such report shall contain such 

24 additional information as the Secretary may reasonably 

25 require. 


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1 (c) REPORT BY GRANT RECIPIENT.—Each eligible 

2 prekindergarten program provider that receives a grant 

3 under this Act shall submit to the designated State agency 

4 an annual report that includes, with respect to the pro5 gram supported by such grant, the following: 

6 (1) A description of the type of program and a 

7 statement of the number and ages of children served 

8 by the program, as well as the number and ages of 

9 children with a disability or a native language other 

10 than English. 

11 (2) A description of the qualifications of the 

12 program staff and the type of ongoing professional 

13 development provided to such staff. 

14 (3) A statement of all sources of Federal, State, 

15 local, and private funds received by the program. 

16 (4) A description of the curricula, materials, 

17 and activities used by the program to support early 

18 childhood development and learning. 

19 (5) Such other information as the designated 

20 State agency may reasonably require. 

21 SEC. 8. FEDERAL FUNDS SUPPLEMENTARY. 

22 Funds made available under this Act may not be used 

23 to supplant other Federal, State, local, or private funds 

24 that would, in the absence of such Federal funds, be made 

25 available for the program assisted under this Act. 


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1 SEC. 9. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘eligible prekindergarten program 

4 provider’’ means a prekindergarten program pro5 vider that is— 

6 (A) a school; 

7 (B) supported, sponsored, supervised, or 

8 carried out by a local educational agency; 

9 (C) a Head Start program; or 

10 (D) a child care provider. 

11 (2) The term ‘‘prekindergarten program’’ 

12 means a program serving children 3, 4, and 5 years 

13 old that supports children’s cognitive, social, emo14 tional, and physical development and helps prepare 

15 those children for the transition to kindergarten. 

16 (3) The term ‘‘local educational agency’’ has 

17 the meaning given that term in the Elementary and 

18 Secondary Education Act of 1965 (20 U.S.C. 6301 

19 et seq.). 

20 (4) The term ‘‘prekindergarten teacher’’ means 

21 an individual who has received, or is working to22 ward, a bachelor of arts degree in early childhood 

23 education. 

24 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

25 There are authorized to be appropriated to carry out 

26 this Act— 


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1 (1) $10,000,000,000 for fiscal year 2008; 

2 (2) $20,000,000,000 for fiscal year 2009; 

3 (3) $30,000,000,000 for fiscal year 2010; 

4 (4) $40,000,000,000 for fiscal year 2011; and 

5 (5) $50,000,000,000 for fiscal year 2012. 

Æ 


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