I 

112TH CONGRESS 

1ST SESSION H. R. 3322 

To establish an Early Learning Challenge Fund to support States in building 

and strengthening systems of high-quality early learning and development 

programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2011 

Mr. HIMES (for himself, Mr. CONNOLLY of Virginia, Mr. POLIS, and Ms. 

HIRONO) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To establish an Early Learning Challenge Fund to support 

States in building and strengthening systems of highquality early learning and development programs, and 

for other purposes. 

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 ‘‘Supporting State Sys5 tems of Early Learning Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to support States in build3 ing and strengthening systems of high-quality early learn4 ing and development programs. 

5 SEC. 3. PROGRAMS AUTHORIZED. 

6 (a) QUALITY PATHWAYS GRANTS.—The Secretary of 

7 Education shall use funds made available to carry out this 

8 Act for a fiscal year to award grants, on a competitive 

9 basis, to States that have demonstrated the greatest 

10 progress in establishing and committing to maintain a sys11 tem of high-quality State early learning programs, con12 sistent with section 4. 

13 (b) DEVELOPMENT GRANTS.—The Secretary may 

14 use funds made available to carry out this Act for a fiscal 

15 year to award grants, on a competitive basis, in accord16 ance with section 5 to States that demonstrate a commit17 ment to establishing and committing to maintain a high18 quality system of early learning that will include the com19 ponents described in section 4(c)(4) but are not— 

20 (1) eligible to be awarded a grant under sub21 section (a); or 

22 (2) awarded such a grant after application. 

23 (c) RESERVATIONS OF FEDERAL FUNDS.— 

24 (1) RESEARCH, EVALUATION, AND ADMINISTRA25 TION.—From the amount made available to carry 

26 out this Act for a fiscal year, the Secretary— 


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1 (A) shall reserve not more than 2 percent 

2 to administer this Act jointly with the Secretary 

3 of Health and Human Services for expenses of 

4 both agencies pursuant to the interagency 

5 agreement described in subsection (h); and 

6 (B) shall reserve not more than 5 percent 

7 to carry out activities under section 6. 

8 (2) TRIBAL SCHOOL READINESS PLANNING

9 DEMONSTRATION.—After making the reservations 

10 under paragraph (1), the Secretary shall reserve 5 

11 percent for a competitive grant demonstration pro12 gram for Indian tribes to develop and implement 

13 school readiness plans and programs that— 

14 (A) increase access to high-quality State 

15 early learning programs that improve health, 

16 social, emotional, cognitive, and physical out 

17 comes and school readiness; and 

18 (B) support Native culture in a tribally ad19 ministered early learning program, including 

20 American Indian and Alaska Native Head Start 

21 and Early Head Start programs. 

22 (d) STATE APPLICATIONS.—In applying for a grant 

23 under this Act, a Governor shall designate or establish a 

24 State-level entity (referred to in this Act as the ‘‘State’’) 

25 for administration of the grant. Such entity— 


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1 (1) shall coordinate proposed activities with the 

2 State Advisory Council on Early Childhood Edu3 cation and Care (established pursuant to section 

4 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 

5 9837b(b)(1)(A))) and shall incorporate plans and 

6 recommendations from such Council in the applica7 tion, where applicable; and 

8 (2) shall submit the application to the Secretary 

9 at such time, in such manner, and containing such 

10 information as the Secretary may reasonably re11 quire. 

12 (e) PRIORITY IN AWARDING GRANTS.—In awarding 

13 grants under this Act, the Secretary shall give priority to 

14 States— 

15 (1) whose applications contain assurances that 

16 the State will use, in part, funds reserved under sec17 tion 658G of the Child Care and Development Block 

18 Grant Act of 1990 (42 U.S.C. 9858e) for activities 

19 described in section 4(c)(4); 

20 (2) that demonstrate efforts to build public-pri21 vate partnerships, including partnerships with non22 profits and private entities, designed to accomplish 

23 the purpose of this Act; and 

24 (3) that have invested their own funds in early 

25 childhood education. 


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1 (f) USE OF FUNDS.— 

2 (1) AUTHORIZED USES OF FUNDS FOR EVALUA3 TIONS.—Funds available under this Act may be used 

4 for evaluating children for the purposes of— 

5 (A) improving instruction or classroom en6 vironment; 

7 (B) targeting professional development; 

8 (C) determining the need for health, men9 tal health, disability, or family support services; 

10 (D) informing the quality improvement 

11 process at the State level; 

12 (E) program evaluation for the purposes of 

13 program improvement and parent information; 

14 (F) research conducted as part of the na15 tional evaluation described under section 5; or 

16 (G) assessing children’s level of readiness 

17 for school success across a broad range of do18 mains of learning and development, including 

19 physical well-being and motor development, so20 cial and emotional development, approaches to21 ward learning, language development, and cog22 nition and general knowledge. 

23 (2) PROHIBITION ON USE OF FUNDS.—Funds 

24 available under this Act may not be used for any of 

25 the following: 


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1 (A) Assessments that provide rewards or 

2 sanctions for individual children or teachers. 

3 (B) A single assessment used as the pri4 mary or sole method for assessing program ef5 fectiveness. 

6 (g) MAINTENANCE OF EFFORT.—With respect to 

7 each period for which a State is awarded a grant under 

8 this Act, the expenditures by the State on State early 

9 learning programs shall not be less than the greater of 

10 the level of the expenditures for such programs in the 

11 prior fiscal year or as of the date of enactment of this 

12 Act. 

13 (h) INTERAGENCY AGREEMENT.— 

14 (1) IN GENERAL.—The Secretary and the Sec15 retary of Health and Human Services shall jointly 

16 develop policy for, and administer, this Act in ac17 cordance with such terms as the Secretaries shall set 

18 forth in an interagency agreement. 

19 (2) OBLIGATION AND DISBURSEMENT OF

20 FUNDS BY SECRETARY OF EDUCATION.—The Sec21 retary of Education shall be responsible for obli22 gating and disbursing funds and ensuring compli23 ance with applicable laws and administrative require24 ments, in accordance with the General Education 

25 Provisions Act (20 U.S.C. 1221 et seq.) and parts 


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1 74 through 80 of title 34, Code of Federal Regula2 tions. 

3 SEC. 4. QUALITY PATHWAYS GRANTS. 

4 (a) GRANT PERIOD.—Grants under section 3(a)— 

5 (1) may be awarded for a period of 3 years; and 

6 (2) may be extended, for a 2-year period, sub7 ject to approval by the Secretary, and based on the 

8 State’s progress in— 

9 (A) increasing the number and percentage 

10 of children from low-income families in each age 

11 group of infants, toddlers, and preschoolers, en12 rolled in high-quality State early learning pro13 grams; 

14 (B) meeting the components described in 

15 subsection (c)(4); 

16 (C) increasing the number of high-quality 

17 State early learning programs in low-income 

18 communities; and 

19 (D) incorporating the program quality 

20 findings and recommendations, as appropriate. 

21 (b) MATCHING REQUIREMENT.—Subject to section 9, 

22 to be eligible to receive a grant under subsection (a) or 

23 (b) of section 3, a State shall contribute to the activities 

24 assisted under the grant, non-Federal matching funds in 


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1 an amount equal to not less than 15 percent of the amount 

2 of the grant. 

3 (c) STATE APPLICATIONS.—In order to receive a 

4 grant under section 3(a), a State’s application under sec5 tion 3(d) shall include a plan that includes the following: 

6 (1) A description of how the State will use 

7 funds prioritized for those programs serving high 

8 proportions of low-income children in accordance 

9 with subsection (e) to improve health, social, emo10 tional, cognitive, physical development, and school 

11 readiness for young children by implementing quality 

12 initiatives to improve State early learning programs 

13 serving disadvantaged children from birth to entry 

14 into kindergarten to lead to a greater percentage of 

15 children from low-income families participating in 

16 high-quality State early learning programs. 

17 (2) A description of the benchmarks, consistent 

18 with section 7, the State will establish to dem19 onstrate that a greater percentage of children from 

20 low-income families are participating in high-quality 

21 State early learning programs. 

22 (3) A description of how the State will integrate 

23 existing State early learning programs and services 

24 into a comprehensive system for early learning and 

25 development. 


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1 (4) A description of how the State will imple2 ment a system of high-quality State early learning 

3 programs and services that includes the following 

4 components: 

5 (A) A governance structure. 

6 (B) State early learning standards. 

7 (C) A process to ensure that State early 

8 learning standards are integrated into the in9 structional and programmatic practices of State 

10 early learning programs and services. 

11 (D) A tiered program rating and improve12 ment system that fully integrates early learning 

13 standards, applicable State licensing require14 ments, program quality standards, and other 

15 applicable State regulatory standards, which, at 

16 a minimum, shall include standards regarding 

17 preservice and ongoing training for staff in 

18 early childhood development, health, and safety, 

19 and other program standards as required by the 

20 State, and that— 

21 (i) is designed to improve quality and 

22 effectiveness across different types of early 

23 learning settings; 

24 (ii) has progressively higher levels of 

25 program quality leading to quality levels 


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1 consistent with or higher than nationally 

2 recognized, high-quality program quality 

3 standards that are valid and reliable for 

4 State early learning programs, such as the 

5 Head Start performance standards de6 scribed in section 641A of the Head Start 

7 Act (42 U.S.C. 9836a); 

8 (iii) determines the extent to which in9 dividual programs across different types of 

10 settings integrate the State’s early learning 

11 standards for the purpose of improving in12 structional and programmatic practices; 

13 (iv) addresses quality for and effective 

14 inclusion of children with disabilities or de15 velopmental delays across all early learning 

16 settings; 

17 (v) addresses staff qualifications, 

18 training, and professional development and 

19 education; 

20 (vi) addresses the quality of early 

21 learning facilities; 

22 (vii) builds the capacity of State early 

23 learning programs and communities to pro24 mote parents’ and families’ understanding 

25 of the State’s early learning system and 


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1 the rating of the programs in which their 

2 child is enrolled; 

3 (viii) provides financial incentives and 

4 other supports designed to achieve and 

5 sustain higher levels of quality; and 

6 (ix) includes mechanisms for evalu7 ating how programs are meeting the 

8 State’s program quality standards and pro9 gressively higher levels of quality. 

10 (E) A system of program review and moni11 toring that is designed— 

12 (i) to rate providers using the system 

13 described in subparagraph (D) in a way 

14 that is accessible and useful to parents; 

15 (ii) to assess and improve pro16 grammatic practices and instructional 

17 practices; and 

18 (iii) to provide high-quality environ19 ments that can engage children with mate20 rials, curricula, and experiences appro21 priate to the developmental level of the 

22 child. 

23 (F) A process to support and increase the 

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1 tices that guide and improve instructional prac2 tice, professional development of staff, and serv3 ices that— 

4 (i) include developmentally appro5 priate, culturally and linguistically appro6 priate, ongoing, classroom-based instruc7 tional assessments for each domain of child 

8 development and learning; and 

9 (ii) are aligned with the curriculum 

10 used in the State early learning program 

11 and with the State early learning stand12 ards or the Head Start Child Outcomes 

13 Framework (as described in the Head 

14 Start Act (42 U.S.C. 9831 et seq.)), as ap15 plicable. 

16 (G) A plan for providing comprehensive 

17 preservice preparation and professional develop18 ment to create, educate, and support a knowl19 edgeable, highly skilled, and well-compensated 

20 workforce, across all types of early childhood 

21 settings serving all children from birth to kin22 dergarten entry. 

23 (H) Outreach strategies that incorporate 

24 multiple strategies for parent, expectant parent, 

25 and family involvement and education. 


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1 (I) A plan to promote understanding by 

2 parents and families of— 

3 (i) the State’s program rating system, 

4 as described in subparagraph (D); and 

5 (ii) the rating of the program in which 

6 their child is enrolled. 

7 (J) A coordinated system to facilitate 

8 prompt screening, referral, and provision of 

9 services related to health, mental health, dis10 ability, and family support for children partici11 pating in State early learning programs. 

12 (K) A process for evaluating school readi13 ness in children that reflects all of the major 

14 domains of development, and that— 

15 (i) is used to guide practice and im16 prove State early learning programs; and 

17 (ii) includes multiple measures of 

18 school readiness at kindergarten entry, and 

19 which shall reflect a sample across the 

20 State. 

21 (L) A comprehensive plan that promotes 

22 nutrition and wellness in early learning settings, 

23 and which— 


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1 (i) includes program standards for the 

2 healthful development of infants, toddlers, 

3 and young children; 

4 (ii) encourages the provision of foods 

5 and beverages in accordance with the 

6 guidelines of the Richard B. Russell Na7 tional School Lunch Act (42 U.S.C. 1751 

8 et seq.), and which incorporates age appro9 priate recommendations to reduce the con10 sumption and excess of sugar, saturated 

11 fat, and sodium; and 

12 (iii) reflects physical activity rec13 ommendations which are appropriate for 

14 young children from birth through kinder15 garten entry. 

16 (M) A plan to implement or enhance the 

17 State’s data system for early learning pro18 grams, including— 

19 (i) alignment and interoperability be20 tween the data system for early learning 

21 programs for children and data systems for 

22 elementary and secondary education so 

23 that progress on key data elements can be 

24 tracked over time with minimal duplica25 tion; and 


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1 (ii) uniform data collection from all 

2 providers that receive public funding about 

3 the quality of early learning programs, es4 sential information about the children and 

5 families that participate in such programs, 

6 and the qualifications and compensation of 

7 the early learning workforce in such pro8 grams. 

9 (N) A plan to ensure effective transitions 

10 between State early learning programs and the 

11 kindergarten through grade 3 public school sys12 tem in the State. 

13 (O) A plan for how the State will deter14 mine which State early learning programs re15 ceived significant direct funding under this Act, 

16 and are not making sufficient quality improve17 ment, including a description of the technical 

18 assistance the State will provide to such pro19 grams and how the State shall determine when 

20 to shift unspent funds under this Act to other 

21 State early learning programs in the same geo22 graphic region serving similar populations, to 

23 the extent practicable. 

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

25 that programs receiving funds under this Act are 


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1 participating in the State tiered program rating sys2 tem described in paragraph (4)(D). 

3 (6) A description of how the funds provided 

4 under the grant will be targeted to enhance the qual5 ity of early learning programs in order to increase 

6 the number and percentage of children from low-in7 come families in high-quality State early learning 

8 programs, including children— 

9 (A) in each age group (infants, toddlers, 

10 and preschoolers); 

11 (B) living in rural and urban areas; 

12 (C) who are among the most disadvan13 taged children; and 

14 (D) who need access to full-day, full-year 

15 State early learning programs. 

16 (7) A description of the steps the State will 

17 take to ensure that all center-based child care pro18 grams, family child care programs, State-funded 

19 prekindergarten, Head Start programs under the 

20 Head Start Act (42 U.S.C. 9831 et seq.), and other 

21 State early learning programs are included in the 

22 State system described in paragraph (4). 

23 (8) A description of disparities by age group 

24 (infants, toddlers, and preschoolers) and race and 

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1 ing programs in low-income communities and the 

2 steps the State will take to decrease such disparities, 

3 if applicable. 

4 (9) A description of how the State facilitates 

5 access to high-quality State early learning programs 

6 for each of the populations described in subpara7 graphs (A) through (E) of section 10(2), such as 

8 through subsidies for children in State early learning 

9 programs. 

10 (10) A description of how the State will align 

11 early learning standards with— 

12 (A) appropriate State academic content 

13 standards for kindergarten through grade 3; 

14 and 

15 (B) elements of program quality standards. 

16 (11) A description of how the State will im17 prove interagency collaboration and coordinate the 

18 early childhood programs and services throughout 

19 the State. 

20 (12) A description of the time frame the State 

21 proposes to develop and implement the elements de22 scribed in such State’s application. 

23 (13) A description of how the State will imple24 ment a process for improving the quality of early 

25 learning services to better meet the needs of the 


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1 most disadvantaged children, including children who 

2 are limited English proficient and children with dis3 abilities. 

4 (14) An assurance that the grant will be used 

5 to improve the quality of State early learning pro6 grams across a range of types of settings and pro7 viders of such programs, and all ages of children 

8 (from birth to kindergarten entry). 

9 (15) An assurance that the Governor has des10 ignated or created a State Advisory Council on 

11 Early Childhood Education and Care (established 

12 pursuant to section 642B(b)(1)(A) of the Head 

13 Start Act (42 U.S.C. 9837b(b)(1)(A))), has taken 

14 steps to ensure that membership includes all rep15 resentatives described in section 642B(b)(1)(C) of 

16 such Act, and has consulted with such State Advi17 sory Council on Early Childhood Education and 

18 Care in applying for a grant under this Act. 

19 (16) An assurance that the grant will be used 

20 only to supplement, and not to supplant, Federal, 

21 State, and local funds otherwise available to support 

22 existing State early learning programs and services. 

23 (17) An assurance that the State will continue 

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1 viduals with Disabilities Education Act (20 U.S.C. 

2 1419, 1431 et seq.) for the duration of the grant. 

3 (d) CRITERIA USED IN AWARDING GRANTS.—In 

4 awarding grants under section 3(a), the Secretary shall 

5 award grants under such section, on a competitive basis, 

6 to those States that have demonstrated the greatest 

7 progress in establishing and committing to maintain a sys8 tem of high-quality State early learning programs, on a 

9 competitive basis, based on the State’s commitment to 

10 meeting and developing, as necessary, the components de11 scribed in subsection (c)(4). 

12 (e) STATE USES OF FUNDS.—A State receiving a 

13 grant under section 3(a) shall use the grant funds for ac14 tivities that implement or improve the system components 

15 described in subsection (c)(4) and help State early learn16 ing programs meet and sustain higher levels of program 

17 quality standards and move more low-income children into 

18 higher quality programs, consistent with the plan sub19 mitted in accordance with subsection (c). 

20 (f) FUNDS TO EXPAND ACCESS.—A State may apply 

21 to the Secretary to reserve not more than 25 percent of 

22 the amount of the grant to expand access for children 

23 from low-income families, proportional to the disparities 

24 by age group identified in subsection (c)(8), to the highest 


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1 quality State early learning programs that offer full-day, 

2 full-year services. 

3 SEC. 5. DEVELOPMENT GRANTS. 

4 (a) STATE APPLICATIONS.—In order to receive a 

5 grant under section 3(b), a State shall submit an applica6 tion to the Secretary at such time, in such manner, and 

7 containing such information as the Secretary shall require, 

8 including a description of how the State will develop a plan 

9 consistent with section 4(c). 

10 (b) GRANT PERIOD.—Grants under section 3(b)— 

11 (1) may be awarded for a period of not to ex12 ceed 3 years; and 

13 (2) may be extended, for a 2-year period, sub14 ject to approval by the Secretary, and based on the 

15 State’s progress in— 

16 (A) increasing the number and percentage 

17 of children from low-income families in each age 

18 group of infants, toddlers, and preschoolers, en19 rolled in high-quality State early learning pro20 grams; 

21 (B) increasing the number of high-quality 

22 State early learning programs in low-income 

23 communities; and 

24 (C) incorporating the program quality 

25 findings and recommendations, as appropriate. 


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1 (c) STATE USES OF FUNDS.— 

2 (1) IN GENERAL.—A State receiving a grant 

3 under section 3(b) shall use the grant funds to un4 dertake activities to develop the components of early 

5 learning services described in section 4(c)(4) that 

6 will allow the State to become eligible and competi7 tive for a grant described in section 3(a). 

8 (2) PRIORITY.—In improving the quality of 

9 State early learning programs in the State, the State 

10 shall prioritize the quality of State early learning 

11 programs serving children from low-income families. 

12 SEC. 6. RESEARCH AND EVALUATION. 

13 From funds reserved under section 3(c)(1)(B), the 

14 Secretary and the Secretary of Health and Human Serv15 ices, acting jointly and in accordance with section 11, shall 

16 carry out activities to ensure the success of grants to 

17 States under this Act. 

18 SEC. 7. BENCHMARKS; INDICATORS; REPORTING. 

19 (a) INDICATORS.—The Secretary shall define, by reg20 ulation, indicators to be used to measure success on the 

21 activities carried out under a grant under this Act, the 

22 primary indicator of which shall be increasing the number 

23 and percentage of low-income children in high-quality, 

24 State early learning programs. 


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1 (b) BENCHMARKS.—Each State receiving a grant 

2 under this Act shall— 

3 (1) develop quantifiable benchmarks for the 

4 State and the activities supported under the grant 

5 based on the indicators described in subsection (a) 

6 that are applicable to the State; 

7 (2) submit the benchmarks for approval to the 

8 Secretary; and 

9 (3) report to the Secretary on progress in meet10 ing such benchmarks as required by the Secretary. 

11 (c) DISAGGREGATION.—The indicators and bench12 marks described in this section shall be disaggregated. 

13 SEC. 8. TECHNICAL ASSISTANCE. 

14 The Secretary shall reserve not more than 

15 $5,000,000 from amounts appropriated under this Act to 

16 directly, or through grant or contract, provide technical 

17 assistance to eligible entities to prepare the entities to 

18 qualify, apply for, and maintain grants under section 4 

19 or 5. 

20 SEC. 9. FINANCIAL HARDSHIP WAIVER. 

21 The Secretary may waive or reduce a requirement 

22 under this Act regarding the non-Federal share of a State 

23 or maintenance of effort of a State if the State dem24 onstrates a need for such waiver or reduction due to finan25 cial hardship. 


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1 SEC. 10. DEFINITIONS. 

2 In this Act: 

3 (1) CHILD.—The term ‘‘child’’ refers to an in4 dividual from birth through the day the individual 

5 enters kindergarten. 

6 (2) DISADVANTAGED.—The term ‘‘disadvan7 taged’’, when used with respect to a child, means— 

8 (A) a child from a low-income family; 

9 (B) a homeless child; 

10 (C) a child in the custody of a child wel11 fare agency; 

12 (D) a child with a developmental delay or 

13 disability; or 

14 (E) a child who is limited English pro15 ficient. 

16 (3) EARLY LEARNING STANDARDS.—The term 

17 ‘‘early learning standards’’ means a set of expecta18 tions for the learning and development of children 

19 from birth through entry into kindergarten that— 

20 (A) emphasize significant developmentally 

21 appropriate content and outcomes that describe 

22 what children should know and be able to do 

23 across all domains, including language, literacy, 

24 mathematics, science, social development, emo25 tional development, health and physical well26 being, and approaches to learning; 


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1 (B) are based on research about the proc2 esses, sequences, and long-term influence of 

3 early learning and development; 

4 (C) identify approaches to learning that 

5 are developmentally appropriate (including cul6 turally and linguistically appropriate) and sup7 portive of positive outcomes for all children; 

8 (D) are aligned with the appropriate State 

9 academic content standards for kindergarten 

10 through grade 3; 

11 (E) inform providers, programs, teachers, 

12 schools, parents, and the community on what 

13 young children are expected to learn; and 

14 (F) guide providers, programs, teachers, 

15 and schools in supporting children to help chil16 dren meet high expectations. 

17 (4) HOMELESS CHILDREN.—The term ‘‘home18 less children’’ has the meaning given the term 

19 ‘‘homeless children and youths’’ in section 725(2) of 

20 the McKinney-Vento Homeless Assistance Act (42 

21 U.S.C. 11434a(2)). 

22 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

23 has the meaning given such term in section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 450b). 


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1 (6) LIMITED ENGLISH PROFICIENT.—The term 

2 ‘‘limited English proficient’’ has the meaning given 

3 the term in section 637 of the Head Start Act (42 

4 U.S.C. 9832). 

5 (7) LOW-INCOME.—The term ‘‘low-income’’, 

6 when used with respect to a child, means a child 

7 whose family income is described in section 

8 658P(4)(B) of the Child Care and Development 

9 Block Grant Act of 1990 (42 U.S.C. 9858n(4)(B)). 

10 (8) PROGRAM QUALITY STANDARDS.—The term 

11 ‘‘program quality standards’’ means the characteris12 tics of State early learning programs, across a range 

13 of settings, that have an impact on children’s devel14 opment and learning. Such characteristics include— 

15 (A) the ratio of early learning providers to 

16 children; 

17 (B) staff qualifications; 

18 (C) the quality and effectiveness of inter19 actions between early learning providers and 

20 children and the children’s families in the pro21 gram; 

22 (D) the program philosophy and cur23 riculum; 

24 (E) the quality and quantity of equipment 

25 and materials; 


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1 (F) the quality of the physical environ2 ment; and 

3 (G) safety and health provisions and other 

4 applicable Federal or State requirements with 

5 respect to State early learning programs. 

6 (9) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Education. 

8 (10) STATE.—The term ‘‘State’’ has the mean9 ing given the term in section 9101 of the Elemen10 tary and Secondary Education Act of 1965 (20 

11 U.S.C. 7801). 

12 (11) STATE EARLY LEARNING PROGRAM.—The 

13 term ‘‘State early learning program’’ has the mean14 ing given the term ‘‘early childhood education pro15 gram’’ in section 103 of the Higher Education Act 

16 of 1965 (20 U.S.C. 1003). 

17 SEC. 11. RESEARCH AND EVALUATION; BENCHMARKS AND 

18 CONSULTATION. 

19 (a) RESEARCH AND EVALUATION.— 

20 (1) IN GENERAL.—The Secretary shall transfer 

21 amounts reserved for research and evaluation under 

22 section 3(c)(1)(B) to the Institute of Education 

23 Sciences, to be used— 

24 (A) for the evaluation of grants or other 

25 assistance funded under such section; 


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1 (B) to support research on policies and 

2 practices related to such grants; and 

3 (C) to disseminate the results of such re4 search and evaluation. 

5 (2) COLLABORATION.—The evaluation and re6 search described in paragraph (1) shall be carried 

7 out in collaboration with— 

8 (A) the appropriate evaluation divisions 

9 within the Department of Education; 

10 (B) the office within the Department of 

11 Education administering the grants that are the 

12 subject of the evaluation and research; and 

13 (C) the Department of Health and Human 

14 Services and the Department of Labor as ap15 propriate. 

16 (b) DEVELOPING INDICATORS AND BENCHMARKS.— 

17 In developing indicators and benchmarks for programs 

18 funded under this Act, the Secretary shall consult with 

19 the Secretary of Health and Human Services and the Di20 rector of the Institute of Education Sciences. 

21 SEC. 12. APPROPRIATIONS. 

22 (a) IN GENERAL.—There are authorized to be appro23 priated to carry out this Act $350,000,000 for fiscal year 

24 2012 and such sums as may be necessary for each of the 

25 4 succeeding fiscal years. 


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1 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

2 under this section for fiscal year 2012 shall be available 

3 through September 30, 2013. 

Æ 


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