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. ABER-
CROMBIE, Mr. ACKERMAN, Mr. BERMAN, Mr. BISHOP of New York, Ms. 
BORDALLO, Mr. BRADY of Pennsylvania, Ms. CORRINE BROWN of Flor-
ida, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Resources 
Early for Kids Act of 2009’’ or the ‘‘PRE-K Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Children’s experiences in the first five years 
of life influence the developing brain and have sig-
nificant and lasting impact. 
(2) All children deserve access to high quality 
early learning experiences that can support their 
cognitive, social, and emotional development and 
help prepare them to succeed in school and in life. 
(3) Research shows that high quality early edu-
cation programs can improve early reading and early 
math skills, decrease grade retention, decrease the 
need for special education services, and increase the 
likelihood that children will graduate from high 
school and become productive members of society. 
(4) The economic benefits of early education ex-
periences are clear and providing parents greater ac-
cess to high-quality early learning programs will 
benefit children, families, and our Nation. 
(5) High quality early education programs have 
well-trained and well-compensated teachers, small 
class sizes, a full-day program, comprehensive serv-
ices, family participation, and a research-based cur-
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riculum that aligns with strong early learning stand-
ards. The quality of State early education programs 
varies significantly across the country. 
(6) While nearly three-quarters of three- 
through five-year-olds not in kindergarten spend 
time in nonparental care each week, research sug-
gests that most are not in high quality settings that 
meet the full range of their developmental needs. 
(7) A Federal partnership with States— 
(A) will help increase access to voluntary 
high quality preschool programs; 
(B) is a necessary step to improving the 
Nation’s elementary and secondary schools and 
helping States close the achievement gap and 
improve graduation rates; and 
(C) should be a national priority. 
SEC. 3. EARLY EDUCATION GRANTS. 
(a) PROGRAM ESTABLISHED.—Each fiscal year, from 
amounts made available to carry out this Act, the Sec-
retary, in consultation with the Secretary of Health and 
Human Services, shall make grants to States to enhance 
or improve State-funded preschool programs, as defined 
by the State. 
(b) ALLOTMENT.— 
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(1) DETERMINATION.—After making the res-
ervation described in subsection (c), from funds ap-
propriated under section 13, the Secretary shall 
make a base allotment to each State that has sub-
mitted an approved application and is either— 
(A) a qualified State (as defined in section 
4(a)); or 
(B) a selected State (as designated under 
section 4(b)). 
(2) AMOUNT.—The amount of the base allot-
ment described under paragraph (1) for each State 
shall be based on the number of children up to age 
5 from families with incomes below the poverty line 
for each State, compared to the number of such chil-
dren from all States, except that no State shall have 
a base allotment less than .25 percent of the 
amounts appropriated under this Act. 
(3) BASIS FOR THE BASE ALLOTMENT.—The 
Secretary shall determine the amount of the base al-
lotment determined under paragraph (2) as if every 
State was to receive a base allotment. 
(4) REMAINDER.—In any fiscal year for which 
not every State is to receive a base allotment, the 
Secretary shall reallot any funds remaining after the 
determination of a base allotment under paragraph 
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(2) to each State that has submitted an approved 
application and is a qualified State. Such remaining 
funds shall be realloted among such qualified States 
and shall be determined by comparing the number of 
children up to age 5 from families with incomes 
below the poverty line for each such qualified State 
to such number for all such qualified States. 
(c) RESERVATION.—Prior to making any allotments 
under subsection (b), the Secretary shall reserve 1 percent 
for the purpose of making grants to Indian tribes and trib-
al organizations as described in section 10. 
SEC. 4. STATE ELIGIBILITY. 
(a) QUALIFIED STATES.— 
(1) IN GENERAL.—For purposes of this Act, 
the term ‘‘qualified State’’ means a State that meets 
each of the following criteria: 
(A) The State carries out a voluntary 
State-funded preschool program that requires, 
at a minimum, the following: 
(i) Use of research-based curricula 
that are aligned with State early learning 
standards that are developmentally appro-
priate and include, at a minimum, each of 
the following domains: 
(I) Language development. 
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(II) Literacy. 
(III) Mathematics. 
(IV) Science. 
(V) Creative arts. 
(VI) Social and emotional devel-
opment. 
(VII) Approaches to learning. 
(VIII) Physical and health devel-
opment. 
(ii) Use of nationally established, or 
better, best practices for group size and 
teacher-to-student ratios, appropriate to 
the age group being served. 
(iii) A requirement that each teacher 
holds an associate degree, or higher, in 
early childhood education or a related field. 
(iv) A requirement to operate for at 
least the length of an academic year. 
(B) The State shall have developed a plan, 
including a timetable, for moving toward a re-
quirement for State-funded preschool programs 
that each teacher holds a baccalaureate degree 
in early childhood education, or in a related 
field if specialized training in early childhood 
education has also been completed, within 5 
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years after the State first receives a grant as a 
qualified State under this Act. 
(C) The State, at a minimum, shall ensure 
that the average per-child expenditure by the 
State and its political subdivisions to support 
State-funded preschool programs for the fiscal 
year for which the grant is made is equal to, or 
greater than, the average of such per-child ex-
penditure for the previous 2 fiscal years. 
(D) The State, at a minimum, shall ensure 
that the total expenditure by the State and its 
political subdivisions to support State-funded 
preschool programs for the fiscal year for which 
the grant is made is equal to, or greater than, 
such expenditure for the preceding fiscal year. 
(E) The State, at a minimum, shall ensure 
that the total expenditure by the State and its 
political subdivisions to support State-funded 
child care services and activities for the fiscal 
year for which the grant is made is equal to, or 
greater than, such expenditure for the pre-
ceding fiscal year. 
(b) SELECTED STATES.— 
(1) IN GENERAL.—Each fiscal year, the Sec-
retary shall carry out, on a competitive basis, a proc-
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ess for the designation of States as selected States 
for purposes of this Act. Under the process, the Sec-
retary shall determine whether to designate any 
States and, if so, shall determine the States that are 
to be designated. 
(2) BASIS FOR DETERMINATIONS.—The deter-
minations required by paragraph (1) shall be based 
on— 
(A) the State meeting the requirements of 
subparagraphs (C) through (E) of subsection 
(a)(1); 
(B) the quality of the applications sub-
mitted; and 
(C) the extent to which the State dem-
onstrates that the State, if designated, will be-
come a qualified State within 2 fiscal years. 
(3) PERIOD OF DESIGNATION.—A designation 
under this subsection shall apply to a State for two 
fiscal years. However, if a State is both a qualified 
State and a selected State for a fiscal year, it shall 
be treated for purposes of this Act as a qualified 
State rather than a selected State. 
SEC. 5. APPLICATIONS. 
(a) IN GENERAL.—A State desiring to receive funds 
under this Act shall submit an application to the Secretary 
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at such time and in such manner as the Secretary may 
reasonably require. In developing such application, the 
State shall consult with the State Advisory Council on 
Early Childhood Education and Care (described in section 
642B(b) of the Head Start Act (42 U.S.C. 9837b(b))) or 
similar State entity, and providers of early childhood pro-
grams operating in the State. 
(b) REQUIRED CONTENTS.—The application referred 
to in subsection (a) shall include, at a minimum, the fol-
lowing contents: 
(1) If the State desires to be treated as a quali-
fied State, information sufficient for the Secretary to 
determine whether the State is a qualified State. 
(2) If the State desires to be designated as a 
selected State— 
(A) assurances that the State, if des-
ignated as a selected State, will become a quali-
fied State within two fiscal years; 
(B) information sufficient for the Sec-
retary to determine whether the State meets the 
requirements of subparagraphs (C) through (E) 
of section 4(a)(1); and 
(C) information relating to any competitive 
criteria that the Secretary may establish. 
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(3) A description of how the funds received 
under this Act will be used to enhance or improve 
preschool programs in the State. 
(4) A description of how the State is working 
to build its capacity to serve more children in high 
quality early education programs, including the 
building of new facilities, as appropriate. 
(5) A description of how the State will ensure 
that any funds made available to preschool providers 
are made available to a range of types of preschool 
providers, including local educational agencies and 
community-based providers such as child care and 
Head Start, as appropriate. 
(6) Assurances that amounts received by the 
State under this Act will be used only to supple-
ment, and not to supplant, Federal, State, and local 
funds otherwise available to support existing early 
childhood services and activities. 
(7) A description of how the State will evaluate 
the effectiveness of the use of these funds. 
(8) A description of how the State will use the 
funds to better meet the needs of low-income work-
ing parents. 
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(9) A description of how the use of funds will 
help meet the developmental needs of children in the 
State. 
(10) A description of how the State will ensure 
that State-funded preschool programs are available 
to, and appropriate for, children with disabilities. 
(11) A description of how the State-funded pre-
school programs will be culturally and linguistically 
appropriate and how the State plans to meet the 
early education needs of children with limited 
English proficiency. 
(12) A description of how the State is working 
to develop and use research-based curricula that are 
aligned with State early learning standards and are 
linguistically and culturally appropriate for children 
with limited English proficiency. 
(13) A description of how the State agency des-
ignated under subsection (c) will coordinate with 
other State agencies delivering early childhood devel-
opment programs or services. 
(14) A description of how the State will ensure 
that State-funded preschool programs will coordinate 
with the local educational agencies in their area to 
ensure a smooth and successful transition to kinder-
garten. 
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(15) A description of how the State monitoring 
process will effectively assess and ensure the quality 
of State-funded preschool programs. 
(16) A description of how the State will coordi-
nate this grant with the efforts of the State Advisory 
Council on Early Childhood Education and Care (de-
scribed in section 642B(b) of the Head Start Act 
(42 U.S.C. 9837b(b))) or other State entity that is 
coordinating a system of early childhood develop-
ment and education for children from birth to kin-
dergarten entry. 
(17) A description of how the State-funded pre-
school programs that are not universal prioritize 
children from low-income families. 
(18) A description of how the State is working 
to eliminate barriers and improve access to State- 
funded preschool programs for children who live in 
rural areas. 
(19) A description of how the State is working 
to address the transportation needs of families for 
whom lack of transportation is a significant barrier 
to accessing State-funded preschool. 
(c) STATE AGENCY.—The application shall designate 
a State agency to administer and oversee those funds and 
the activities carried out under this Act. 
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SEC. 6. USE OF FUNDS. 
(a) PRIORITY.—In using funds provided under this 
Act, a State shall give priority to improving the quality 
of State-funded preschool in communities with high con-
centrations of low-income children. 
(b) SPECIFIC USES.—Subject to subsections (c) and 
(d), a State that receives funds under this Act shall use 
such funds for any one or more of the following: 
(1) To increase the number of teachers and 
program directors in State-funded preschool pro-
grams who hold a baccalaureate degree in early 
childhood education, or in a related field if special-
ized training in early childhood education has also 
been completed. 
(2) To increase the number of teacher aides in 
State-funded preschool programs who hold an asso-
ciate degree in early childhood education, or in a re-
lated field if specialized training in early childhood 
education has also been completed. 
(3) To increase the number of program direc-
tors, teachers, and teacher aides who have special-
ized training in working with children and families 
with limited English proficiency. 
(4) To increase the number of program direc-
tors, teachers, and teacher aides who have special-
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ized training in working with children with disabil-
ities. 
(5) To increase the compensation or benefits 
provided to teachers, program directors, and teacher 
aides in State-funded preschool programs in order to 
improve the ability of those programs to recruit and 
retain such teachers, program directors, and teacher 
aides. 
(6) To decrease group size in classrooms in 
State-funded preschool programs. 
(7) To improve the teacher-to-student ratios in 
classrooms in State-funded preschool programs. 
(8) To provide, in State-funded preschool pro-
grams, one or more of the following comprehensive 
services that support healthy child development and 
positive child outcomes and school readiness: 
(A) Vision and hearing screenings and re-
ferrals. 
(B) Health and mental health screenings 
and referrals. 
(C) Parent involvement opportunities. 
(D) Nutrition services. 
(9) To extend the number of— 
(A) hours per day of program operation of 
State-funded preschool programs; 
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(B) days per week of program operation of 
State-funded preschool programs; or 
(C) weeks per year of program operation of 
State-funded preschool programs. 
(10) To improve the State’s system for moni-
toring the quality of State-funded preschool pro-
grams. 
(11) To provide opportunities for intensive and 
on-going research- and evidence-based professional 
development in the domains described in section 
4(a)(1)(A)(i) for staff of State-funded preschool pro-
grams. 
(12) To provide induction and support for pre-
school program directors, teachers, and staff during 
their first 3 years of employment in a new position, 
and to provide on-going mentoring to such individ-
uals by persons with education and expertise in sup-
porting teachers in effective teaching practices with 
young children and in supporting program directors 
in early childhood education and program manage-
ment. 
(13) To renovate existing facilities, except that 
such renovation must be limited to minor rehabilita-
tion or remodeling needed to ensure that State-fund-
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ed preschool program facilities are age and develop-
mentally appropriate. 
(c) SET-ASIDE.—A State that receives funds under 
this Act shall use 10 percent of such funds to improve 
the quality of early learning environments for children 
from birth to age three through research- and evidence- 
based methods. 
(d) SPECIAL RULE.— 
(1) IN GENERAL.—Notwithstanding subsection 
(b), a qualified State that receives funds under this 
Act may use up to 50 percent of the funds remain-
ing after application of subsection (c) for the pur-
pose of expanding a State-funded preschool pro-
gram, with priority for such expansion to commu-
nities with high concentrations of low-income chil-
dren, that meets or exceeds the criteria in section 
4(a) if— 
(A) the amount appropriated under section 
13 is at least $250,000,000; or 
(B) the State-funded preschool program 
meets or exceeds the following criteria: 
(i) The standards described in clauses 
(i) and (ii) of section 4(a)(1)(A). 
(ii) Each teacher holds a bacca-
laureate degree in early childhood edu-
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cation or a related field if specialized train-
ing in early childhood education has also 
been completed. 
(iii) Each program provides full-day 
services at all locations. 
(iv) Each program provides com-
prehensive services to at-risk children par-
ticipating in the State-funded preschool 
program. 
(v) Each teacher participates in on- 
going professional development in child de-
velopment and learning. 
(vi) Each program provides linguis-
tically and culturally appropriate standards 
for serving children with limited English 
proficiency participating in the State-fund-
ed preschool program. 
(2) STATE DEFINITION AND APPLICABILITY.— 
For the purpose of establishing a priority for expan-
sion under paragraph (1), the State shall define 
what constitutes a high concentration of low-income 
children. In any State described in paragraph (1) in 
which all communities with high concentrations of 
low-income children are served by a State-funded 
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preschool program, the priority for expansion de-
scribed in such paragraph shall not apply. 
(e) RULE
OF
CONSTRUCTION.—Funds provided 
under this Act shall be used only to improve or enhance 
a State-funded preschool program. Nothing in this Act 
shall be construed such that a State may use these funds 
only for existing State-funded preschool programs. 
SEC. 7. MATCHING REQUIREMENTS. 
The Secretary shall not make a grant to a State 
under this Act unless the State agrees to the following: 
(1) QUALIFIED STATE.—In the case of a quali-
fied State, the State will make available non-Federal 
contributions in an amount equal to not less than 30 
percent of that portion of the Federal funds pro-
vided under the grant that represent the base allot-
ment under section 3(b)(2). 
(2) SELECTED STATE.—In the case of a se-
lected State, the State will make available non-Fed-
eral contributions in an amount equal to not less 
than 50 percent of that portion of the Federal funds 
provided under the grant that represent the base al-
lotment under section 3(b)(2). 
SEC. 8. REPORTING REQUIREMENTS. 
(a) REPORT TO CONGRESS.—For each year in which 
funding is provided under this Act, the Secretary shall 
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submit an annual report to the Congress on the activities 
carried out under this Act, including, at a minimum, infor-
mation on the following: 
(1) The activities undertaken by qualified 
States and selected States that improved or en-
hanced State-funded preschool programs. 
(2) The progress of selected States in moving 
toward fulfilling criteria to become a qualified State. 
(3) The extent to which the State used funds 
to expand a State-funded preschool program, as al-
lowed under section 6(d). 
(4) The costs and barriers to expansion, includ-
ing building and renovating preschool facilities so 
that they are high quality and age and develop-
mentally appropriate. 
(b) REPORT TO SECRETARY.—Each State that re-
ceives a grant under this Act shall submit to the Secretary 
an annual report on the following: 
(1) The activities carried out by the State 
under this Act, including information on the fol-
lowing: 
(A) How funds provided under this Act 
were used to enhance and improve quality of 
State-funded preschool programs, including en-
hancing and improving the quality of State- 
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funded preschool programs serving children who 
live in a rural area. 
(B) Such other information as the Sec-
retary may reasonably require. 
(2) The activities carried out by the State-fund-
ed preschool program, including— 
(A) the number and ages of children 
served by the State-funded preschool program; 
and 
(B) the number and ages of children in 
such program with a disability, with limited 
English proficiency, from low-income families, 
and from rural areas. 
SEC. 9. SPECIAL RULE. 
Funds under this Act may not be used for the pur-
poses of assessments that provide rewards or sanctions for 
individual children or teachers. 
SEC. 10. APPLICATIONS FOR INDIAN TRIBES. 
The Secretary shall award competitive grants to In-
dian tribes and tribal organizations to carry out a program 
under this Act. An Indian tribe or tribal organization de-
siring to receive funds under this Act shall submit an ap-
plication to the Secretary at such time and in such manner 
as the Secretary may reasonably require. For purposes of 
submitting such application and for expending funds re-
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ceived under this Act, Indian tribes and tribal organiza-
tions shall comply with sections 4 through 8. 
SEC. 11. DEFINITIONS. 
For purposes of this Act: 
(1) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(2) POVERTY LINE.—The term ‘‘poverty line’’ 
has the meaning given such term in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(3) RURAL
AREA.—The term ‘‘rural area’’ 
means a geographic area served by a rural local edu-
cation agency. 
(4) RURAL LOCAL EDUCATION AGENCY.—The 
term ‘‘rural local education agency’’ means a local 
education agency having administrative control or 
direction of schools which meet a metro-centric lo-
cale code of 41, 42, or 43 as determined by the Na-
tional Center for Education Statistics, in conjunc-
tion with the Bureau of the Census, using the sys-
tem of the National Center for Education Statistics 
for classifying local educational agencies. 
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(5) SECRETARY.—The term ‘‘Secretary’’ has 
the meaning given such term in section 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(6) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(7) STATE-FUNDED
PRESCHOOL
PROGRAM.— 
The term ‘‘State-funded preschool program’’ means 
a program that— 
(A) serves children who are ages 3 through 
5; 
(B) has a primary focus of supporting 
early childhood education, including supporting 
children’s cognitive, social, emotional, and phys-
ical development and approaches to learning; 
(C) helps prepare children for a successful 
transition to kindergarten; and 
(D) is funded either in whole or in part by 
a State through a State agency with authority 
to promulgate regulations and monitor partici-
pating programs. 
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(8) WITH
LIMITED
ENGLISH
PROFICIENCY.— 
The term ‘‘with limited English proficiency’’, when 
used with respect to a child, means a child— 
(A)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
(ii)(I) who is a Native American (as de-
fined in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801)), an Alaska Native, or a native resident 
of an outlying area (as defined in such section 
9101); and 
(II) who comes from an environment where 
a language other than English has had a sig-
nificant impact on the child’s level of English 
language proficiency; or 
(iii) who is migratory, whose native lan-
guage is a language other than English, and 
who comes from an environment where a lan-
guage other than English is dominant; and 
(B) whose difficulties in speaking or un-
derstanding the English language may be suffi-
cient to deny the child— 
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(i) the ability to successfully achieve 
in a classroom in which the language of in-
struction is English; or 
(ii) the opportunity to participate fully 
in society. 
SEC. 12. CONSTRUCTION. 
Nothing in this Act shall be construed to require a 
child to attend a preschool program. 
SEC. 13. AUTHORIZATION. 
There are authorized to be appropriated to carry out 
this Act $1,000,000,000 for each of fiscal years 2010 
through 2014. 
Æ 
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