I
107TH CONGRESS
1ST SESSION
H. R. 1118
To establish comprehensive early childhood education programs, early child-
hood education staff development programs, model Federal Government
early childhood education programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2001
Mrs. MINK of Hawaii introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To establish comprehensive early childhood education pro-
grams, early childhood education staff development pro-
grams, model Federal Government early childhood edu-
cation programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Early Childhood Education Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short Title; Table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Authorization of appropriations.
Sec. 5. Allocation of funds.
TITLE I—COMPREHENSIVE EARLY CHILDHOOD EDUCATION
PROGRAMS
Sec. 101. Program authorized.
Sec. 102. Prime sponsors of early childhood education programs.
Sec. 103. Early childhood education councils.
Sec. 104. Comprehensive early childhood education plans.
Sec. 105. Project applications.
Sec. 106. Special grants to States.
Sec. 107. Additional conditions for programs including construction.
Sec. 108. Use of public facilities for early childhood education programs.
Sec. 109. Payments.
TITLE II—TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND
EVALUATION
Sec. 201. Preservice and inservice training.
Sec. 202. Technical assistance and planning.
Sec. 203. Evaluation.
Sec. 204. Federal standards for early childhood education.
Sec. 205. Development of uniform minimum code for facilities.
TITLE III—MODEL FEDERAL GOVERNMENT CHILD
DEVELOPMENT PROGRAMS
Sec. 301. Program authorized.
Sec. 302. Payments.
TITLE IV—RESEARCH AND DEMONSTRATIONS
Sec. 401. Declaration of purposes.
Sec. 402. Research and demonstration projects.
Sec. 403. Coordination of research.
TITLE V—GENERAL PROVISIONS
Sec. 501. Definitions.
Sec. 502. Nutrition.
Sec. 503. Special provisions.
Sec. 504. Withholding grants.
Sec. 505. Public information.
SEC. 2. FINDINGS.
The Congress makes the following findings—
(1) comprehensive early childhood education
programs, including a full range of health and social
services, are essential to the achievement of the full
potential of the Nation’s children and should be
available as a matter of right to all children whose
parents or legal guardians shall request them re-
gardless of economic, social, and family back-
grounds;
(2) children with special needs must receive full
consideration in planning any early childhood edu-
cation programs and, pending the availability of
such programs for all children, priority must be
given to preschool children with the greatest eco-
nomic and social need;
(3) no mother should be forced to work outside
the home as a condition for availing her children of
early childhood education programs;
(4) comprehensive early childhood education
programs not only provide a means of delivering a
full range of essential services to children, but can
also furnish meaningful employment opportunities
for many individuals, including older persons, par-
ents, young persons, and volunteers;
(5) it is essential that the planning and oper-
ation of such programs be undertaken as a partner-
ship of parents, community, and State and local gov-
ernment with appropriate assistance from the Fed-
eral Government.
SEC. 3. PURPOSE.
It is the purpose of this Act to provide every child
with a fair and full opportunity to reach his or her full
potential by establishing and expanding comprehensive
early childhood education through programs that—
(1) recognize and build upon the experience and
success gained through the Head Start program and
similar efforts;
(2) furnish early childhood education services
for those children who need them most, with special
emphasis on preschool programs for economically
disadvantaged children, and for children of working
mothers and single parent families; and
(3) provide that decisions on the nature of
funding of such programs be made at the commu-
nity level with the direct participation of parents of
the children and other individuals and organizations
in the community interested in early childhood edu-
cation;
(4) provide that the development, conduct, and
overall direction of programs be determined at the
community level; and
(5) promote the universal availability of early
childhood education services.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—For the purpose of carrying out
this Act, there is authorized to be appropriated
$4,000,000,000 for the fiscal year beginning October 1,
2001, and such sums as may be necessary in each of the
succeeding fiscal years through 2006. Any amounts appro-
priated for such fiscal year which are not obligated at the
end of such fiscal year may be obligated in the succeeding
fiscal year.
(b) OTHER ACTIVITIES.—For the purpose of pro-
viding training, technical assistance, planning, and such
other activities as the Secretary deems necessary and ap-
propriate to prepare for the implementation of this Act,
there is authorized to be appropriated $100,000,000 for
the fiscal year beginning October 1, 2001.
SEC. 5. ALLOCATION OF FUNDS.
(a) The amounts appropriated for carrying out this
Act for any fiscal year beginning on or after October 1,
2001, shall be made available in the following manner:
(1) $1,000,000,000 shall be used for the pur-
pose of providing assistance under titles I, II, and
IV for early childhood education programs focused
upon young children from low-income families.
(2) Not to exceed 10 percent of the remaining
amounts so appropriated shall be used for the pur-
pose of carrying out titles II, III, and IV, as the
Secretary deems appropriate; and
(3) The remainder of such amounts shall be
used for the purpose of carrying out title I.
(b) RESERVATIONS.—
(1) IN GENERAL.—From the amount available
for carrying out comprehensive early childhood edu-
cation programs under title I of this Act, the Sec-
retary shall reserve the following:
(A) Not less than that proportion of the
total amount available for carrying out title I as
is equivalent to that proportion which the total
number of children of migrant agricultural
workers bears to the total number of economi-
cally disadvantaged children in the United
States, which shall be apportioned among pro-
grams serving children of migrant agricultural
workers on an equitable basis, and to the extent
practicable in proportion to the relative num-
bers of children served in each such program.
(B) Not less than that proportion of the
total amount available for carrying out title I as
is equivalent to that proportion which the total
number of children on Federal and State Indian
reservations bears to the total number of eco-
nomically disadvantaged children in the United
States, which shall be apportioned among pro-
grams serving children on Federal and State
Indian reservation on an equitable basis, and to
the extent practicable in proportion to the rel-
ative number of children residing on each such
reservation.
(C) Not less than that proportion of the
total amount available for carrying out title I as
is equivalent to that proportion which the total
number of Native Hawaiian children bears to
the total number of economically disadvantaged
children in the United States, which shall be
apportioned among programs serving Native
Hawaiian children on an equitable basis, and to
the extent practicable in proportion to the rel-
ative numbers of children served in each such
program.
(D) Not less than 10 percent of the total
amount available for carrying out title I, which
shall be made available for the purposes of sec-
tion 101(b)(2)(I) (relating to special activities
for children with disabilities).
(E) Not to exceed 5 percent of the total
amount available for carrying out title I, which
shall be made available under section 102(f)(3)
(relating to model programs).
(2) REMAINING AMOUNTS.—The remainder of
the amounts available for carrying out title I shall
be allocated by the Secretary on an equitable basis,
and to the extent practicable such funds shall be ap-
portioned in such a manner that—
(A) 50 percent of such remainder shall be
apportioned among the States and localities
within each State in proportion to the relative
numbers of economically disadvantaged children
in each such State and locality, respectively;
(B) 25 percent of such remainder shall be
apportioned among the States and localities
within each State in proportion to the relative
numbers of children who have not attained six
years of age in each such State or locality, re-
spectively;
(C) 25 percent of such remainder shall be
apportioned among the States and localities
within each State in proportion to the relative
numbers of children of working mothers and
single parents in each such State and locality,
respectively.
For the purposes of clauses (A), (B), and (C) of this
paragraph, there shall be excluded those children
who are counted under clauses (A), (B), and (C) of
subsection (b)(1) of this section.
(3) 
DETERMINATION.—In 
determining 
the
numbers of children for purposes of allocating and
apportioning funds under this section, the Secretary
shall use the most recent satisfactory data available.
(c) SPECIAL GRANTS.—Not to exceed 5 percent of
the total funds apportioned for use within a State pursu-
ant to subsection (b)(2) may be made available for grants
to the State to carry out the provisions of section 106 of
this Act.
(d) FEDERAL REGISTER.—As soon as practicable
after funds are appropriated to carry out this Act for any
fiscal year, the Secretary shall publish in the Federal Reg-
ister the apportionments required by this section.
TITLE 
I—COMPREHENSIVE
EARLY 
CHILDHOOD 
EDU-
CATION PROGRAMS
SEC. 101. PROGRAM AUTHORIZED.
(a) IN GENERAL.—The Secretary of Education shall
provide financial assistance for carrying out early child-
hood education programs under this part to prime spon-
sors and to other public and private nonprofit agencies
and organizations pursuant to plans and applications ap-
proved in accordance with the provisions of this title.
(b) USE OF FUNDS.—Funds available for this part
may be used (in accordance with approved applications)
for the following services and activities—
(1) planning and developing early childhood
education programs, including the operation of pilot
programs to test the effectiveness of new concepts,
programs, and delivery systems;
(2) establishing, maintaining, and operating
early childhood education program, which include—
(A) comprehensive physical and mental
health, social, and cognitive development serv-
ices necessary for children participating in the
program to profit fully from their educational
opportunities and to attain their maximum po-
tential;
(B) food and nutritional services;
(C) rental, remodeling, renovation, alter-
ation, construction, or acquisition of facilities,
including mobile facilities, and the acquisition
of necessary equipment and supplies;
(D) programs designed (i) to meet the spe-
cial needs of minority groups, Native Ameri-
cans, Alaskan Natives and Native Hawaiians,
and migrant children with particular emphasis
on the needs of children with limited English
proficiency for the development of skills in
English and another language spoken in the
home, and (ii) to meet the needs of all children
to understand the history and cultural back-
grounds of the ethnic groups which belong to
their communities and the role of members of
such ethnic groups in the history and cultural
development of the Nation and of the region in
which they reside;
(E) full-day, year-round program of daily
activities designed to develop fully each child’s
potential;
(F) other specially designed health, social,
and educational programs (including after
school, summer, weekend, vacation, and over-
night programs);
(G) medical, dental, psychological, edu-
cational, and other appropriate diagnosis, iden-
tification, and treatment of visual, hearing,
speech, nutritional, and other physical, mental,
and emotional barriers to full participation in
child education and development programs, in-
cluding programs for preschool and other chil-
dren who are emotionally disturbed;
(H) prenatal and other medical services to
expectant mothers who cannot afford such serv-
ices, designed to help reduce malnutrition, in-
fant and maternal mortality, and the incidence
of mental retardation and other disabling condi-
tions, and postpartum and other medical serv-
ices (including family planning information) to
such recent mothers;
(I) incorporation within early childhood
education programs of special activities de-
signed to identify and ameliorate physical, men-
tal, and emotional disabilities and special learn-
ing disabilities;
(J) preservice and inservice education and
other training for professional and paraprofes-
sional personnel;
(K) dissemination of information in the
functional language of those to be served to as-
sure that parents are well informed of early
childhood education programs available to them
and may participate in such programs;
(L) services, including in-home services,
and training in the fundamentals of child devel-
opment, for parents, older family members
functioning in the capacity of parents, youth,
and prospective parents;
(M) programs designed to extend com-
prehensive prekindergarten early childhood edu-
cation techniques and gains (particularly parent
participation) into kindergarten and early pri-
mary grades (one through three), in cooperation
with local educational agencies, including—
(i) the use of former assistant Head
Start teachers or similar early childhood
education teachers as instructional aides
(in addition to those employed by the
schools involved) working closely with
classroom teachers in the kindergarten and
such early primary grades in which are en-
rolled children they taught in Head Start
or other early childhood programs;
(ii) providing for full participation of
parents of the children involved in program
planning, implementation, and decision-
making; and
(iii) for career development opportuni-
ties and advancement through continuing
education and training for instructional
aides involved (including teaching salaries,
educational stipends for tuition, books, and
tutoring, career counseling, arrangements
for academic credit for independent study,
fieldwork based on their teaching assign-
ments, and preservice and inservice train-
ing) and for the classroom teachers and
principals involved; and
(N) such other services and activities as
the Secretary deems appropriate in furtherance
of the purposes of this part; and
(3) staff and other administrative expenses of
early childhood education councils established and
operated in accordance with this title.
SEC. 102. PRIME SPONSORS OF EARLY CHILDHOOD DEVEL-
OPMENT PROGRAMS.
(a) PRIME SPONSORSHIP.—In accordance with the
provisions of this section, a State, locality, combination of
localities, Indian tribe on a Federal or State reservation,
or public or private nonprofit agency or organization,
meeting the requirements of this Act may be designated
by the Secretary as prime sponsor for the purpose of en-
tering into arrangements to carry out early childhood edu-
cation programs under this part, upon the approval by the
Secretary of a prime sponsorship plan, which includes
provisions—
(1) describing the prime sponsorship area to be
served;
(2) setting forth satisfactory provisions of es-
tablishing and maintaining an Early Childhood Edu-
cation Council which meets the requirements of sec-
tion 103 of this Act;
(3) providing that the Early Childhood Edu-
cation Council shall be responsible for developing
and preparing a comprehensive early childhood edu-
cation plan for each fiscal year and any modification
thereof;
(4) setting forth arrangements under which the
Early Childhood Education Council will be respon-
sible for planning, supervising, coordinating, moni-
toring, and evaluating early childhood education pro-
grams in the prime sponsorship area;
(5) providing adequate assurances that staff
and other administrative expenses for the Early
Childhood Education Council under subsection (b)
paragraph (3) of section 101 will not exceed 5 per-
cent of the total cost of comprehensive early child-
hood education programs administered by the prime
sponsor unless such percentage limitation is in-
creased to give special consideration to initial costs
in the first operations year or to other special needs,
in accordance with regulations which the Secretary
shall prescribe; and
(6) providing assurances, to the extent nec-
essary to carry out comprehensive early childhood
education programs in the area to be served, of the
capacity to provide, or to enter into arrangements
with appropriate State, local or other agencies for
linkages to provide—
(A) coordination with educational agencies
and providers of educational services;
(B) health (including family planning) and
mental health services;
(C) nutrition services; and
(D) training of professional and para-
professional personnel.
(b) LOCAL APPROVAL.—The Secretary shall approve
a prime sponsorship plan submitted by a locality which
is a city, country, or other unit of general local govern-
ment, if the Secretary determines that the plan so sub-
mitted meets the requirements of subsection (a) and in-
cludes adequate provisions for carrying out comprehensive
early childhood education programs in area of such local-
ity. In the event that an area under the jurisdiction of
a unit of general local government, a city, county, or other
unit of local government, includes any common geo-
graphical area with that covered by another such unit of
general local government, the Secretary shall designate to
serve such area the unit of general local government which
the Secretary determines has the capability of more effec-
tively carrying out the purposes of this title with respect
to such area and which has submitted a plan which meets
the requirements of this section and includes adequate
provisions for carrying out comprehensive early childhood
education programs in such area.
(c) FAILURE TO MEET REQUIREMENTS.—
(1) IN GENERAL.—In the event that the Sec-
retary determines that a locality fails to meet the re-
quirements for designation as a prime sponsor under
subsection (b) for the reason that it lacks the capa-
bility of meeting the requirements of paragraph (5)
(concerning the limitation in administrative expenses
for Early Childhood Education Councils) or para-
graph (6) (concerning the capacity to provide or to
enter into arrangements for linkages to provide serv-
ices related to early childhood education) of sub-
section (a), the Secretary shall take steps to encour-
age the submission of a prime sponsorship plan, cov-
ering the area of such locality, by a combination of
localities which are adjoining and possess a suffi-
cient commonality of interest.
(2) MEETING REQUIREMENTS.—The Secretary
shall approve a prime sponsorship plan submitted by
a combination of localities if the Secretary deter-
mines that the plan so submitted meets the require-
ments of subsection (a) and includes adequate provi-
sions for carrying out comprehensive early childhood
education programs in the area covered by the com-
bination of such localities.
(d) APPROVAL OF PLAN.—The Secretary shall ap-
prove a prime sponsorship plan submitted by an Indian
tribe on a Federal or State reservation if the Secretary
determines that the plan so submitted meets the require-
ments of subsection (a) and includes adequate provisions
for carrying out comprehensive early childhood education
programs in the area to be served.
(e) APPROVAL FOR SPECIAL CIRCUMSTANCES.—In
the event that the Secretary determines, with respect to
the area of a particular locality, that a prime sponsorship
plan meeting the requirements of this section has not been
submitted by a locality or combination of localities cov-
ering such areas, or by an Indian tribe on a Federal or
State reservation, or in the event that prime sponsorship
designation has been withdrawn in accordance with sub-
section (h), the Secretary may, with respect to the impend-
ing fiscal year when no such prime sponsorship designa-
tion will be in effect, approve a plan submitted by the
State which meets the requirements of subsection (a) and
includes adequate provisions for carrying out comprehen-
sive early childhood education programs in each such area.
(f) AGENCY APPROVAL.—The Secretary may approve
a prime sponsorship plan submitted by a public or private
nonprofit agency, including but not limited to a commu-
nity action agency, single purpose Head Start agency,
community development corporation, parent cooperative,
organization of migrant agricultural workers, organization
of Native Americans, Alaskan Natives or Native Hawai-
ians, employer organizations, or public or private edu-
cational agency or institution if the Secretary determines
that the plan so submitted meets the requirements of sub-
section (a) of this section and includes—
(1) provisions setting forth arrangements for
serving children in a neighborhood or other area
possessing a commonality of interest in the area of
any locality with respect to which there is not prime
sponsorship designation in effect, or with respect to
any portion of an area where the prime sponsor is
found not to be satisfactorily implementing early
childhood education program which adequately
meets the purposes of this part, or for making avail-
able special services, in accordance with criteria es-
tablished by the Secretary, designed to meet the
needs of economically disadvantaged or preschool
children;
(2) arrangements for providing comprehensive
early childhood education programs on a full-day
year-round; or
(3) arrangements for carrying out model pro-
grams especially designed to be responsive to the
needs 
of 
economically 
disadvantaged, 
minority
groups, or limited English proficient preschool chil-
dren.
(g) COMMENTS AND RECOMMENDATIONS.—The Gov-
ernor of the State shall in accordance with regulations
which the Secretary shall prescribe, be given a reasonable
opportunity to review and offer recommendations to any
applicant submitting a plan for prime sponsorship des-
ignation under this section, and to submit comments to
the Secretary with respect to any plan so submitted.
(h) DISAPPROVAL.—A prime sponsorship plan sub-
mitted under this section may be disapproved or a prior
designation of a prime sponsor may be withdrawn only if
the Secretary, in accordance with regulations prescribed
by the Secretary, has provided—
(1) written notice of intention to disapprove
such plan, including a statement of the reasons,
(2) a reasonable time in which to submit correc-
tive amendments to such plan or undertake other
necessary corrective action, and
(3) an opportunity for a public hearing upon
which basis an appeal to the Secretary may be taken
as of right.
(i) APPEALS.—
(1) IN GENERAL.—If any party is dissatisfied
with the Secretary’s final action under subsection
(h) with respect to the disapproval of its plan sub-
mitted under this section or the withdrawal of its
prime sponsorship designation, such party may,
within sixty days after notice of such action, file
with the United States court of appeals for the cir-
cuit in which such party is located a petition for re-
view of that action. A copy of the petition shall be
forthwith transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in
the court the record of the proceeding on which the
Secretary based his/her action, as provided in section
2112 of title 28, United States Code.
(2) COURT JUDGMENT.—The court shall have
jurisdiction to affirm the action of the Secretary or
to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme
Court of the United States upon certiorari or certifi-
cation as provided in section 1254 of title 28, United
States Code.
SEC. 103. EARLY CHILDHOOD EDUCATION COUNCILS.
(a) MEMBERSHIP.—Each prime sponsor designed
under section 102 shall establish and maintain an Early
Childhood Education Council consisting of not less than
ten members comprised as follows:
(1) PARENTS.—Not less than half of the mem-
bers of such Council shall be parents of children
served in early childhood education programs under
this Act.
(2) REMAINING
MEMBERS.—The remaining
members of such Council shall be appointed by the
chief executive officer or officers of the prime spon-
sor to represent the public, but—
(A) not less than half of such members
shall be persons who are broadly representative
of the general public, including government
agencies, public and private agencies and orga-
nizations in such field as economic opportunity,
health, education, welfare, employment and
training, business or financial organizations or
institutions, labor unions, and employers, and
who are approved by the parent members de-
scribed in paragraph (1); and
(B) the remaining members the number of
which shall be either equal to or one less than
the number of members appointed under clause
(A), shall be persons who are particularly
skilled by virtue of training or experience in
early childhood education, child development,
child health, child welfare, or other child serv-
ices, except that the Secretary may waive the
requirements of this clause (B) to the extent
that the Secretary determines, in accordance
with regulations prescribed by the Secretary,
that such person are not available to the area
to be served.
(b) PROCEDURES.—In accordance with procedures
with the Secretary shall establish pursuant to regulations,
each prime sponsor designed under section 102 shall pro-
vide, with respect to the Early Childhood Education Coun-
cil established and maintained by such prime sponsor,
that—
(1) the parent members described in paragraph
(1) of subsection (a) of this section shall be chosen
by the membership of Head Start policy committees
where they exist, and, at the earliest practicable
time, by project policy committees established pursu-
ant to section 105(a)(2) of this Act;
(2) not less than one-fourth of the total mem-
bership of such Council shall be persons broadly rep-
resentative of the economically disadvantaged;
(3) the terms of office and any other policies
and procedures of an organizational nature, includ-
ing nomination and election procedures, are appro-
priate in accordance with the purposes of this Act;
(4) such Council shall have responsibility for
approving basic goals, policies, actions, and proce-
dures for the prime sponsor, including policies with
respect to planning, general supervision and over-
sight, overall coordination, personnel, budgeting,
funding of projects, and monitoring and evaluation
of projects; and
(5) such Council shall, upon its own initiatives
or upon request of a project applicant or any other
party in interest, conduct public hearings before act-
ing upon applications for financial assistance sub-
mitted by project applicants under this Act.
SEC. 
104. 
COMPREHENSIVE 
EARLY 
CHILDHOOD 
EDU-
CATION PLANS.
(a) ASSISTANCE.—Financial assistance under this
part may be provided by the Secretary for any fiscal year
to a prime sponsor designated pursuant to section 102
only pursuant to a comprehensive early childhood edu-
cation plan which is submitted by such prime sponsor and
approved by the Secretary in accordance with the provi-
sions of this part. Any such plan shall set forth a com-
prehensive program providing early childhood education
services in the prime sponsorship area which—
(1) identifies all early childhood education
needs and goals within the area and describes the
purposes for which the financial assistance will be
used;
(2) meets the needs of children in the prime
sponsorship area, to the extent that available funds
can be reasonably expected to have an effective im-
pact, including infant care and before and after
school programs for children in school with priority
to children who have not attained six years of age;
(3) gives priority to meeting the special needs
of economically disadvantaged children by providing
that not less than 65 percent of the total cost of
programs receiving financial assistance under section
4(b) shall be for early childhood education programs
for economically disadvantaged children;
(4) gives priority thereafter to providing early
childhood education programs and services to chil-
dren of single parents and working mothers not cov-
ered under paragraph (3);
(5) provides procedures for the approval of
project applications submitted in accordance with
section 105;
(6) provides, in the case of a prime sponsor lo-
cated within or adjacent to a metropolitan area, for
coordination with other prime sponsors located with-
in such metropolitan area, and arrangements for co-
operative funding where appropriate, and particu-
larly for such coordination where appropriate meet
the needs for early childhood education services of
children of parents working or participating in train-
ing or otherwise occupied during the day within a
prime sponsorship area other than that in which
they reside;
(7) provides that, to the extent feasible, each
program within the prime sponsorship area will in-
clude children from a range of socioeconomic back-
grounds;
(8) provides comprehensive services (A) to meet
the special needs of minority group children of mi-
grant agricultural workers with particular emphasis
on the needs of children from bilingual families for
development of skills in English and in the other
language spoken in the home, and (B) to meet the
need of all children to understand the history and
cultural background of minority groups which belong
to the communities and the role of members of such
minority groups in the history and cultural develop-
ment of the Nation and the region in which they re-
side;
(9) provides equitably for the early childhood
education needs of children from each minority
group or significant segment of the economically dis-
advantaged residing within the area covered;
(10) provides, to the extent possible, for coordi-
nation of early childhood education programs so as
to keep family units intact or in close proximity dur-
ing the day;
(11) provides for the regular and frequent dis-
semination of information in the functional language
of those to be served, to assure that parents and in-
terested persons in the community are fully informed
of the activities of the Early Childhood Education
Council and of delegate agencies;
(12) provides that, to the extent possible, unem-
ployed or low-income persons residing in commu-
nities served by such projects will receive jobs pro-
viding career ladder opportunities, including in-home
and part-time jobs, and opportunities for training in
programs assisted under title II of this Act;
(13) assures that procedures and mechanisms
for coordination have been developed in cooperation
with preschool program administrators and adminis-
trators of local educational agencies and non-public
schools, at the local level, to provide continuity be-
tween programs for preschool and elementary school
children and to coordinate programs conducted
under this part and programs conducted pursuant to
the Head Start Act (42 U.S.C. 9831–9852) and the
Elementary and Secondary Education Act of 1965,
as amended;
(14) establishes arrangements in the area
served for the coordination of programs conducted
under the auspices of or with the support of busi-
ness or financial institutions or organizations, indus-
try, labor, employee and labor-management organi-
zations, and other community groups;
(15) contains any arrangements for the delega-
tion, under the supervision of the Early Childhood
Education Council, to any public or private non-
profit agencies, institutions, or organizations, of re-
sponsibilities for the delivery of programs, services,
and activities for which financial assistance is pro-
vided under this title, or for any planning or evalua-
tion services to be made available with respect to
programs under this title; and
(16) contains plans for regularly conducting
surveys and analyses of needs for early childhood
education programs in the prime sponsorship area
and for submitting to the Secretary a comprehensive
annual report and evaluation in such form and con-
taining such information as the Secretary shall re-
quire by regulation.
(b) PLAN
AND PLAN MODIFICATIONS.—No com-
prehensive early childhood education plan or modification
thereof submitted by a prime sponsorship under this sec-
tion shall be approved by the Secretary unless the Sec-
retary determines, in accordance with regulations pre-
scribed by the Secretary, that—
(1) each community action agency or single
purpose Head Start agency in the area to be served
previously responsible for the administration of pro-
grams under this part or under the Head Start Act
(42 U.S.C. 9831–9852) has had an opportunity to
submit comments to the prime sponsor and to the
Secretary;
(2) the local educational agency for the area to
be served, and other appropriate educational and
training agencies and institutions, have had an op-
portunity to submit comments to the prime sponsor
and to the Secretary; and
(3) the Governor of the State has had an op-
portunity to submit comments to the prime sponsor
and to the Secretary.
(c) DISAPPROVAL.—A comprehensive early childhood
education plan submitted under this section may be dis-
approved or a prior approval withdrawn only if the Sec-
retary, in accordance with regulations prescribed by the
Secretary, had provided—
(1) written notice of intention to disapprove
such plan, including a statement of the reasons,
(2) reasonable time to submit corrective amend-
ments to such plan or undertake for a public hearing
upon which basis an appeal to the Secretary may be
taken as of right.
(d) JOINT SUBMISSIONS.—In order to contribute to
the effective administration of this Act, the Secretary shall
establish appropriate procedures to permit prime sponsors
to submit jointly a single comprehensive early childhood
education plan for the areas served by such prime spon-
sors.
SEC. 105. PROJECT APPLICATIONS.
(a) ASSISTANCE TO PROJECT APPLICANT.—Finan-
cial assistance under this Act may be provided to a project
applicant for any fiscal year only pursuant to a project
application which is submitted by a public or private agen-
cy and which provides that—
(1) funds will be provided for carrying out any
early childhood education program under this part
only to a qualified public or private agency or orga-
nization, including but not limited to a community
action agency, single purpose Head Start agency,
community development corporation, parent coopera-
tive, organization of migrant agricultural workers,
organization of Native Americans, Alaskan Natives,
and Native Hawaiians, private organization inter-
ested in early childhood education, employer or busi-
ness organization, labor union, employee or labor
management organization, or public or private edu-
cational agency or institution;
(2) project policy committees shall be estab-
lished and maintained, consisting of not less than
ten members, composed so that—
(A) not less than half of the members of
each such committee shall be parents of chil-
dren served in such projects, and
(B) the remaining members of such com-
mittee shall be comprised—
(i) of persons who are representative
of the community and who shall be ap-
proved by the parent members, and
(ii) of persons, the number of which
shall be not less than one-third nor more
than one-half of the number of members
appointed under clause (i), who are par-
ticularly skilled by virtue of training or ex-
perience in early childhood education, child
health, child welfare, or other child serv-
ices, except that the Secretary may waive
the requirement of this clause (ii) to the
extent that he/she determines, in accord-
ance with regulations prescribed by the
Secretary, that such persons are not avail-
able to the area to be served;
(3) provision will be made for direct participa-
tion of such policy committees in the development
and preparation of project applications under this
part;
(4) adequate provision will be made for training
and other administrative expenses of such policy
committee (including necessary expenses to enable
low-income members to participate in council or
committee meetings);
(5) project policy committees shall have respon-
sibility for approving basic goals, policies, actions,
and procedures for the project applicant, including
policies with respect to planning, overall conduct,
personnel, budgeting, location of centers and facili-
ties, and direction and evaluation of projects;
(6) programs assisted under this title will pro-
vide for such comprehensive health, nutritional, edu-
cation, social, and other services, as are necessary
for the full cognitive, emotional and physical devel-
opment of each participating child;
(7) adequate provision will be made for the reg-
ular and frequent dissemination of information in
the functional language of those to be served, to as-
sure that parents and interested persons are fully in-
formed of project activities.
(8)(A) no charge for services provided under an
early childhood education program will be made with
respect to any child who is economically disadvan-
taged, except to the extent that payment will be
made by a third party (including a public agency)
which is authorized or required to pay for such serv-
ices; and
(B) such charges will be made with respect to
a child who is not economically disadvantaged in ac-
cordance with an appropriate fee schedule which
shall be established by the Secretary by regulation
and which is based upon the ability of the family to
pay for such services, including the extent to which
any third party (including a public agency) is au-
thorized or required to make payments for such
services;
(9) children will in no case be excluded from the
programs operated pursuant to this part because of
their participation in non-public preschool or school
programs or because of the intention of their par-
ents to enroll them in non-public schools when they
attain school age;
(10) program will, to the extent appropriate,
employ paraprofessional aides and volunteers, espe-
cially parents, older children, students, older per-
sons, and persons preparing for careers in early
childhood education programs;
(11) there are assurances satisfactory to the
Secretary that the non-Federal share requirements
will be met; and
(12) provisions will be made for such fiscal con-
trol and fund accounting procedures as the Sec-
retary shall prescribe to assure proper disbursement
of and accounting for Federal funds.
(b) PROJECT APPLICATION APPROVAL.—A project
application submitted in accordance with subsection (a) of
this section may be approved by the Secretary if deter-
mined that it meets the purpose of this title.
SEC. 106. SPECIAL GRANTS TO STATES.
Upon application submitted by any State, the Sec-
retary is authorized to provide financial assistance for use
by such State for carrying out activities for the purposes
of—
(1) identifying early childhood education goals
and needs within the State;
(2) assisting in the establishing of Early Child-
hood Education Councils and strengthening the ca-
pability of such Councils to effectively plan, super-
vise, coordinate, monitor, and evaluate early child-
hood education programs;
(3) encouraging the cooperation and participa-
tion of State agencies in providing early childhood
education and related services, including health,
family planning, mental health, nutrition, and fam-
ily, social and rehabilitative services where requested
by appropriate prime sponsors in the development
and implementation of comprehensive early child-
hood education plans;
(4) encouraging the full utilization of resources
and facilities for early childhood education programs
within the State;
(5) disseminating the results of research on
early childhood education programs;
(6) conducting programs for the exchange of
personnel involved in early childhood education pro-
grams within the State;
(7) assisting public and private nonprofit agen-
cies and organizations in the acquisition or improve-
ment of facilities for early childhood education pro-
grams;
(8) assessing State and local licensing codes as
they relate to early childhood education programs
within the State; and
(9) developing information useful in reviewing
prime sponsorship plans under section 102(g) and of
Comprehensive Early Childhood Education Plans
under section 104(b)(3).
SEC. 107. ADDITIONAL CONDITIONS FOR PROGRAMS IN-
CLUDING CONSTRUCTION.
(a) CONSTRUCTION.—Applications for financial as-
sistance for projects, including construction, may be ap-
proved only if the Secretary determines that construction
of such facilities is essential to the provision of adequate
early childhood education services, and that rental, ren-
ovation, remodeling, or leasing of adequate facilities is not
practicable.
(b) RECOVERY OF FUNDS.—If any facility assisted
under this title shall cease to be used for the purpose for
which it was constructed, the United States shall be enti-
tled to recover from the applicant or other owner of the
facility an amount which bears to the then value of the
facility (or so much thereof as constituted an approved
project) the same ratio as the amount of such Federal
funds bore to the cost of the facility financed with the
aid of such funds, unless the Secretary determines in ac-
cordance with regulations that there is good cause for re-
leasing the applicant or other owner from the obligation
to do so. Such value shall be determined by agreement
of the parties or by action brought in the United States
district court for the district in which the facility is situ-
ated.
(c) DAVIS-BACON APPLICATION.—All laborers and
mechanics employed by contractors or subcontractors on
all construction, remodeling, renovation, or alteration
projects assisted under this part shall be paid wages at
rates not less than those prevailing on similar construction
in the locality as determined by the Secretary of Labor
in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a–276a–5).
(d) GRANTS.—Any Federal assistance for construc-
tion shall be in the form of grants, and shall not be paid
to other than public or private nonprofit agencies and or-
ganizations. Not more than 15 percent of the total finan-
cial assistance provided to a prime sponsor under this part
shall be used for construction of facilities.
SEC. 108. USE OF PUBLIC FACILITIES FOR CHILD DEVELOP-
MENT PROGRAMS.
(a) REPORT.—The Secretary, after consultation with
other appropriate officials of the Federal Government,
shall within sixteen months after enactment of this title
report to the Congress with respect to the extent to which
facilities owned or leased by Federal departments, agen-
cies, and independent authorities could be made available
to public and private nonprofit agencies and organizations,
through appropriate arrangements, for use as facilities for
early childhood education programs under this title during
times and periods when not utilized fully for their usual
purposes, together with his/her recommendations (includ-
ing recommendations for changes in legislation) or pro-
posed actions for such use.
(b) REVIEW.—The Secretary may require, as a condi-
tion to the receipt of assistance under this title, that any
prime sponsor under this title agree to conduct a review
and provide the Secretary with a report as to the extent
to which facilities owned or leased by such prime sponsor,
or by other agencies in the prime sponsorship area, could
be made available, through appropriate arrangements, for
use as facilities for early childhood education programs
under this title, during times and periods when not utilized
for their usual purposes, together with the prime sponsor’s
proposed actions for such use.
SEC. 109. PAYMENTS.
(a) FEDERAL SHARE.—In accordance with this sec-
tion, the Secretary shall pay from the applicable allocation
or apportionment under section 4 the Federal share of the
costs of programs, services, and activities, in accordance
with plans or applications which have been approved as
provided in this part.
(b) PAYMENT.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall pay an
amount not in excess of 90 percent of the cost of
carrying out programs, services, and activities under
this part. The Secretary may, in accordance with
such regulations prescribed by the Secretary, ap-
prove assistance in excess of such percentage if the
Secretary determines that such action is required to
provide adequately for the early childhood education
needs of economically disadvantaged children.
(2) CHILDREN
OF
MIGRANT
AGRICULTURAL
WORKERS.—The Secretary shall pay an amount
equal to 100 percent of the costs of providing early
childhood education programs for children of mi-
grant agricultural workers and their families under
this title.
(3) INDIAN
CHILDREN.—The Secretary shall
pay an amount equal to 100 percent of the costs of
providing early childhood education programs for
children on Federal or State Indian reservations
under this title.
(4) NATIVE
HAWAIIAN
CHILDREN.—The Sec-
retary shall pay an amount equal to 100 percent of
the costs of providing early childhood education pro-
grams for Native Hawaiian children under this title.
(c) NON-FEDERAL SHARE.—The non-Federal share
of the costs of programs, services, and activities assisted
under this part may be provided through public or private
funds and may be in the form of cash, goods, services,
or facilities (or portions thereof that area used for pro-
gram purposes), reasonably evaluated, and employee and
employer contributions.
(d) FEES.—Fees collected for services pursuant to
section 105(a)(8) shall be deemed financial assistance for
purposes of section 104(a)(3).
(e) EXPRESS AMOUNTS.—If, with respect to any fis-
cal year, a prime sponsor or project applicant provides
non-Federal contributions for any program, service, or ac-
tivity exceeding its requirements, such excess may be ap-
plied toward meeting the requirements for such contribu-
tions for the subsequent fiscal year under this part.
(f) NO REDUCTION OF FUNDS.—No State or locality
shall reduce its expenditures for early childhood education
or child care programs by reason of assistance under this
part.
TITLE II—TRAINING, TECHNICAL
ASSISTANCE, PLANNING, AND
EVALUATION
SEC. 201. PRESERVICE AND INSERVICE TRAINING.
The Secretary is authorized to make payments to
provide financial assistance to enable individuals employed
or preparing for employment in early childhood education
program assisted under this Act, including volunteers, to
participate in programs of preservice or inservice training
for professional and nonprofessional personnel, to be con-
ducted by any agency carrying out an early childhood edu-
cation program, or any institution of higher education, in-
cluding a community college, or by any combination there-
of.
SEC. 202. TECHNICAL ASSISTANCE AND PLANNING.
The Secretary shall, directly or through grant or con-
tract, make technical assistance available to prime spon-
sors and to project applicants participating or seeking to
participate in programs assisted under this title on a con-
tinuing basis to assist them in planning, developing, and
carrying out early childhood education programs.
SEC. 203. EVALUATION.
(a) EVALUATION.—The Secretary shall make an eval-
uation of Federal involvement in early childhood education
activities and services, which shall include—
(1) enumeration and description of all Federal
activities which affect early childhood education;
(2) analysis of expenditures of Federal funds
for such activities and services;
(3) determination of the effectiveness of such
activities and services;
(4) the extent to which preschool, minority
group, and economically disadvantaged children and
their parents have participated in programs under
this title; and
(5) such recommendations to Congress as the
Secretary may deem appropriate.
(b) REPORT.—The results of the evaluation required
by subsection (a) of this section shall be reported to Con-
gress not later than two years after enactment of this title.
(c) EVALUATION.—The Secretary shall establish such
procedures as may be necessary to conduct an annual eval-
uation of Federal involvement in early childhood education
programs, and shall report the results of each such evalua-
tion to Congress.
(d) AVAILABILITY OF INFORMATION.—Prime spon-
sors and project applicants assisted under this Act and
departments and agencies of the Federal Government
shall, upon request by the Secretary, make available, con-
sistent with other provisions of law, such information as
the Secretary determines is necessary for purposes of
making the evaluation required under subsection (c) of
this section.
(e) CONTRACTS.—The Secretary may enter into con-
tracts with public or private agencies, organizations, or in-
dividuals to carry out the provisions of this section.
(f) RESERVATION.—The Secretary shall reserve for
the purposes of this section not less than 1 percent, and
may reserve for such purposes not more than 2 percent,
of the amounts available under paragraphs (2) and (3)
of section 5(a) of this Act for any fiscal year.
SEC. 204. FEDERAL STANDARDS FOR EARLY CHILDHOOD
EDUCATION SERVICES.
(a) PROGRAM STANDARDS.—The Secretary shall,
after consultation with other Federal agencies and with
the Committee established pursuant to subsection (c) of
this section, promulgate a common set of program stand-
ards which shall be applicable to all programs providing
early childhood education services with Federal assistance
under this Act, to be known as the Federal Standards for
Early Childhood Education. If the Secretary disapproves
the Committee’s recommendations, the Secretary shall
state the reasons therefor.
(b) COMMITTEE
APPOINTMENTS.—The Secretary
shall, within sixty days after enactment of this title, ap-
point a Special Committee on Federal Standards for Early
Childhood Education, which shall included parents of chil-
dren enrolled in early childhood education programs, rep-
resentatives of public and private agencies administering
early childhood education programs, and organization spe-
cialists, and others interested in the development of chil-
dren. Not less than one-half of the membership of the
Committee shall consist of parents of children partici-
pating in programs conducted under title I of this Act.
Such Committee shall participate in the development of
Federal Standards for Early Childhood Education and
modifications thereof as provided in subsection (a).
SEC. 205. DEVELOPMENT OF UNIFORM MINIMUM CODE FOR
FACILITIES.
(a) UNIFORM MINIMUM CODE.—The Secretary shall,
within sixty days after enactment of this bill appoint a
special committee to develop a uniform minimum code for
facilities, to be used in licensing early childhood education
facilities. Such standards shall deal principally with those
matters essential to the health, safety, and physical com-
fort of the children and the relationship of such matters
to the Federal Standards for Early Childhood Education.
(b) MEMBERSHIP.—The special committee appointed
under this section shall include parents of children partici-
pating in child development programs and representatives
of State and local licensing agencies, public health offi-
cials, fire prevention officials, the construction industry
and unions, public and private agencies or organizations
administering early childhood education programs, and
national agencies or organizations interested in the devel-
opment of children. Not less than one-third of the mem-
bership of the committee shall consist of parents of chil-
dren enrolled in such programs.
(c) PUBLIC HEARINGS.—Within one year after its
appointment, the special committee shall complete a pro-
posed uniform minimum code for facilities and shall hold
public hearings on the proposed code prior to submitting
its final recommendation to the Secretary for approval.
(d) PROMULGATION OF STANDARDS.—After consid-
ering the recommendations submitted by the special com-
mittee in accordance with subsection (c), the Secretary
shall promulgate standards which shall be applicable to
all facilities receiving Federal financial assistance under
this Act or in which programs receiving Federal financial
assistance under this Act are operated. If the Secretary
disapproves the committee’s recommendations, the Sec-
retary shall state the reasons therefor. The Secretary shall
also distribute such standards and urge their adoption by
States and local governments. The Secretary may from