H. R. 1—428
‘‘(1) A description of the program to be funded under the
grant, contract, or cooperative agreement.
‘‘(2) A description of how such program will increase access
to quality mental health services for students.
‘‘(3) A description of how the applicant will establish a
crisis intervention program to provide immediate mental health
services to the school community when necessary.
‘‘(4) An assurance that—
‘‘(A) persons providing services under the grant, con-
tract, or cooperative agreement are adequately trained to
provide such services;
‘‘(B) the services will be provided in accordance with
subsection (c);
‘‘(C) teachers, principal administrators, and other
school personnel are aware of the program; and
‘‘(D) parents of students participating in services under
this section will be involved in the design and implementa-
tion of the services.
‘‘(5) An explanation of how the applicant will support and
integrate existing school-based services with the program to
provide appropriate mental health services for students.
‘‘(6) An explanation of how the applicant will establish
a program that will support students and the school in
maintaining an environment conducive to learning.
‘‘(e) INTERAGENCY AGREEMENTS.—
‘‘(1) DESIGNATION OF LEAD AGENCY.—The recipient of each
grant, contract, or cooperative agreement shall designate a
lead agency to direct the establishment of an interagency agree-
ment among local educational agencies, juvenile justice authori-
ties, mental health agencies, and other relevant entities in
the State, in collaboration with local entities and parents and
guardians of students.
‘‘(2) CONTENTS.—The interagency agreement shall ensure
the provision of the services described in subsection (c), speci-
fying with respect to each agency, authority, or entity—
‘‘(A) the financial responsibility for the services;
‘‘(B) the conditions and terms of responsibility for the
services, including quality, accountability, and coordination
of the services; and
‘‘(C) the conditions and terms of reimbursement among
the agencies, authorities, or entities that are parties to
the interagency agreement, including procedures for dis-
pute resolution.
‘‘(f) EVALUATION.—The Secretary shall evaluate each program
carried out by a State educational agency, local educational agency,
or Indian tribe under this section and shall disseminate the findings
with respect to each such evaluation to appropriate public and
private entities.
‘‘(g) DISTRIBUTION
OF AWARDS.—The Secretary shall ensure
that grants, contracts, and cooperative agreements awarded or
entered into under this section are equitably distributed among
the geographical regions of the United States and among urban,
suburban, and rural populations.
‘‘(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall
be construed—
H. R. 1—429
‘‘(1) to prohibit an entity involved with a program carried
out under this section from reporting a crime that is committed
by a student to appropriate authorities; or
‘‘(2) to prevent State law enforcement and judicial authori-
ties from exercising their responsibilities with regard to the
application of Federal and State law to crimes committed by
a student.
‘‘(i) SUPPLEMENT, NOT
SUPPLANT.—Any services provided
through programs carried out under this section must supplement,
and not supplant, existing mental health services, including any
services required to be provided under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.).
‘‘SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY
CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.
‘‘(a) AUTHORIZATION.—The Secretary, in consultation with the
Secretary of Health and Human Services, may award grants (to
be known as ‘Foundations for Learning Grants’) to local educational
agencies, local councils, community-based organizations, and other
public or nonprofit private entities to assist eligible children to
become ready for school.
‘‘(b) APPLICATIONS.—To be eligible to receive a grant under
this section, a local educational agency, local council, community-
based organization, or other public or nonprofit private entity, or
a combination of such entities, shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require. The applica-
tion shall include each of the following:
‘‘(1) A description of the population that the applicant
intends to serve and the types of services to be provided under
the grant.
‘‘(2) A description of the manner in which services under
the grant will be coordinated with existing similar services
provided by public and nonprofit private entities within the
State.
‘‘(3) An assurance that—
‘‘(A) services under the grant shall be provided by
or under the supervision of qualified professionals with
expertise in early childhood development;
‘‘(B) such services shall be culturally competent;
‘‘(C) such services shall be provided in accordance with
subsection (c);
‘‘(D) funds received under this section shall be used
to supplement, and not supplant, non-Federal funds; and
‘‘(E) parents of students participating in services under
this section will be involved in the design and implementa-
tion of the services.
‘‘(c) USES OF FUNDS.—A local educational agency, local council,
community-based organization, or other public or nonprofit private
entity that receives funds under this section may use such funds
to benefit eligible children, for one or more of the following:
‘‘(1) To deliver services to eligible children and their fami-
lies that foster eligible children’s emotional, behavioral, and
social development and take into consideration the characteris-
tics described in subsection (f)(1).
‘‘(2) To coordinate and facilitate access by eligible children
and their families to the services available through community
H. R. 1—430
resources, including mental health, physical health, substance
abuse, educational, domestic violence prevention, child welfare,
and social services.
‘‘(3) To provide ancillary services such as transportation
or child care in order to facilitate the delivery of any other
services or activities authorized by this section.
‘‘(4) To develop or enhance early childhood community part-
nerships and build toward a community system of care that
brings together child-serving agencies or organizations to pro-
vide individualized supports for eligible children and their fami-
lies.
‘‘(5) To evaluate the success of strategies and services pro-
vided pursuant to this section in promoting young children’s
successful entry to school and to maintain data systems
required for effective evaluations.
‘‘(6) To pay for the expenses of administering the activities
authorized under this section, including assessment of chil-
dren’s eligibility for services.
‘‘(d) LIMITATIONS.—
‘‘(1) SERVICES NOT OTHERWISE FUNDED.—A local educational
agency, local council, community-based organization, or other
public or nonprofit private entity may use funds under this
section only to pay for services that cannot be paid for using
other Federal, State, or local public resources or through private
insurance.
‘‘(2) ADMINISTRATIVE EXPENSES.—A grantee may not use
more than 3 percent of the amount of the grant to pay the
administrative expenses described in subsection (c)(6).
‘‘(e) EVALUATIONS.—The Secretary shall directly evaluate, or
enter into a contract for an outside evaluation of, each program
carried out under this section and shall disseminate the findings
with respect to such evaluation to appropriate public and private
entities.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE CHILD.—The term ‘eligible child’ means a
child who has not attained the age of 7 years, and to whom
two or more of the following characteristics apply:
‘‘(A) The child has been abused, maltreated, or
neglected.
‘‘(B) The child has been exposed to violence.
‘‘(C) The child has been homeless.
‘‘(D) The child has been removed from child care, Head
Start, or preschool for behavioral reasons or is at risk
of being so removed.
‘‘(E) The child has been exposed to parental depression
or other mental illness.
‘‘(F) The family income with respect to the child is
below 200 percent of the poverty line.
‘‘(G) The child has been exposed to parental substance
abuse.
‘‘(H) The child has had early behavioral and peer rela-
tionship problems.
‘‘(I) The child had a low birth weight.
‘‘(J) The child has a cognitive deficit or developmental
disability.
‘‘(2) LOCAL
COUNCIL.—The term ‘local council’ means a
council that is established or designated by a local government
H. R. 1—431
entity, Indian tribe, regional corporation, or native Hawaiian
entity, as appropriate, which is composed of representatives
of local agencies directly affected by early learning programs,
parents, key community leaders, and other individuals con-
cerned with early learning issues in the locality, such as
elementary education, child care resource and referral services,
early learning opportunities, child care, and health services.
‘‘(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term
‘provider of early childhood services’ means a public or private
entity that has regular contact with young children, including
child welfare agencies, child care providers, Head Start and
Early 
Head 
Start 
providers, 
preschools, 
kindergartens,
libraries, mental health professionals, family courts, homeless
shelters, and primary care providers.
‘‘Subpart 15—Arts in Education
‘‘SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.
‘‘(a) PURPOSES.—The purposes of this subpart are the following:
‘‘(1) To support systemic education reform by strengthening
arts education as an integral part of the elementary school
and secondary school curriculum.
‘‘(2) To help ensure that all students meet challenging
State academic content standards and challenging State stu-
dent academic achievement standards in the arts.
‘‘(3) To support the national effort to enable all students
to demonstrate competence in the arts.
‘‘(b) AUTHORITY.—The Secretary is authorized to make grants
to, or enter into contracts or cooperative agreements with, eligible
entities described in subsection (c).
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make assistance
available under subsection (b) to each of the following eligible
entities:
‘‘(1) State educational agencies.
‘‘(2) Local educational agencies.
‘‘(3) Institutions of higher education.
‘‘(4) Museums or other cultural institutions.
‘‘(5) Any other public or private agencies, institutions, or
organizations.
‘‘(d) USE
OF FUNDS.—Assistance made available under this
subpart may be used for any of the following:
‘‘(1) Research on arts education.
‘‘(2) Planning, developing, acquiring, expanding, improving,
or disseminating information about model school-based arts
education programs.
‘‘(3) The development of model State arts education assess-
ments based on State academic achievement standards.
‘‘(4) The development and implementation of curriculum
frameworks for arts education.
‘‘(5) The development of model inservice professional
development programs for arts educators and other instruc-
tional staff.
‘‘(6) Supporting collaborative activities with Federal agen-
cies or institutions involved in arts education, arts educators,
and organizations representing the arts, including State and
local arts agencies involved in arts education.