I 
117TH CONGRESS 
1ST SESSION H. R. 3391 
To direct the Secretary of Education to make allotments to States to carry 
out full-day kindergarten programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
Mr. GALLEGO (for himself, Ms. JACOBS of California, Mr. TORRES of New 
York, and Mrs. AXNE) introduced the following bill; which was referred 
to the Committee on Education and Labor 
A BILL 
To direct the Secretary of Education to make allotments 
to States to carry out full-day kindergarten 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. 
This Act may be cited as the ‘‘Universal Full-Day 
Kindergarten Act’’. 
SEC. 2. FULL-DAY KINDERGARTEN GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out a 
grant program to make grants in accordance with the for-
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
mula described in subsection (b) to States to carry out 
full-day kindergarten programs. 
(b) FORMULA.— 
(1) SECRETARIAL RESERVATIONS.— 
(A) TECHNICAL
ASSISTANCE.—From the 
amount appropriated under section 6 for a fis-
cal year, the Secretary shall reserve 2 percent 
of such amount for technical assistance (includ-
ing capacity building) to States. 
(B) SECRETARY OF THE INTERIOR.—From 
the amount appropriated under section 6 for a 
fiscal year, the Secretary shall reserve one-half 
of 1 percent for the Secretary of the Interior 
for programs under this Act in schools operated 
or funded by the Bureau of Indian Education, 
Indian tribes and tribal organizations, or con-
sortia of Indian tribes and tribal organizations. 
(C) OUTLYING AREAS.—From the amount 
appropriated under section 6 for a fiscal year, 
the Secretary shall reserve one-half of 1 percent 
for the outlying areas to be distributed among 
those outlying areas on the basis of their rel-
ative need, as determined by the Secretary, in 
accordance with the purpose of this Act. 
(2) STATE ALLOTMENTS.— 
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
(A) IN GENERAL.—From the amount ap-
propriated under section 6 for a fiscal year that 
remains after the Secretary makes the reserva-
tions under paragraph (1), the Secretary shall 
allot to each State with an approved State plan 
under section 3(a), an amount that bears the 
same relationship to the remainder as the 
amount the State received under subpart 2 of 
part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6331 
et seq.) for the preceding fiscal year bears to 
the amount all States received under that sub-
part (20 U.S.C. 6331 et seq.) for the preceding 
fiscal year. 
(B) MINIMUM AMOUNT.—No State receiv-
ing an allotment under this paragraph shall re-
ceive less than one-half of 1 percent of the total 
amount allotted under this paragraph. 
(C) REALLOTMENT.—If a State does not 
receive an allotment under this paragraph for a 
fiscal year, the Secretary shall reallot the 
amount of the State’s allotment to the remain-
ing States in accordance with this paragraph. 
(D) STATE RESERVATIONS.— 
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
(i) ADMINISTRATIVE COSTS.—A State 
may reserve not more than 2 percent of 
the allotment received by State under this 
paragraph for administrative purposes, in-
cluding the activities described in para-
graphs (2) and (3) of section 3(a). 
(ii) LOCAL
ALLOCATIONS.—A State 
shall reserve not less than 98 percent of 
the allotment received by the State under 
this paragraph to make allocations to local 
educational agencies under paragraph (3). 
(3) ALLOCATIONS
TO
LOCAL
EDUCATIONAL 
AGENCIES.— 
(A) IN
GENERAL.—From the funds re-
served by a State under paragraph (2)(D), the 
State shall allocate to each local educational 
agency in the State that has an application ap-
proved by the State under section 3(b), an 
amount that bears the same relationship to the 
total amount of such reservation as the amount 
the local educational agency received under sub-
part 2 of part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6331 et seq.) for the preceding fiscal 
year bears to the total amount received by all 
VerDate Sep 11 2014 
05:57 Jul 02, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
local educational agencies in the State under 
such subpart (20 U.S.C. 6331 et seq.) for the 
preceding fiscal year. 
(B) MINIMUM LOCAL EDUCATIONAL AGEN-
CY ALLOCATION.—No allocation to a local edu-
cational agency under this paragraph may be 
made in an amount that is less than $10,000, 
subject to subparagraph (D). 
(C) CONSORTIA.—Local educational agen-
cies in a State may form a consortium with 
other surrounding local educational agencies 
and combine the funds each such agency in the 
consortium receives under this paragraph to 
jointly carry out the activities described in this 
section 4. 
(D) RATABLE REDUCTION.—If the amount 
reserved 
by 
the 
State 
under 
paragraph 
(2)(D)(ii) is insufficient to make allocations to 
local educational agencies in an amount equal 
to the minimum allocation described in sub-
paragraph (B), such allocations shall be ratably 
reduced. 
SEC. 3. STATE PLANS; LOCAL APPLICATIONS. 
(a) STATE PLANS.—In order to receive an allotment 
under this section for any fiscal year, a State shall submit 
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
a plan to the Secretary, at such time and in such manner 
as the Secretary may reasonably require. Each plan sub-
mitted by a State under this section shall include the fol-
lowing: 
(1) A description of how the State will use 
funds reserved under section 2(b)(2)(D)(i). 
(2) A description of how the State will ensure 
that the allocations made to local educational agen-
cies meet the requirements of section 2(b)(3). 
(3) Assurances that the State will— 
(A) review existing resources and full-day 
kindergarten programs across the State and co-
ordinate such resources and programs with the 
State plan submitted under this subsection and 
the funds received under this Act; 
(B) monitor the implementation of activi-
ties under this Act and provide technical assist-
ance to local educational agencies in carrying 
out such activities; and 
(C) provide for equitable access for all stu-
dents to the activities supported under this Act, 
including aligning those activities with the re-
quirements of other Federal laws. 
(b) LOCAL APPLICATIONS.—To receive an allocation 
under this Act, a local educational agency shall submit an 
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
application to the applicable State at such time, in such 
manner, and containing such information as may be re-
quired by such State. 
SEC. 4. USE OF FUNDS. 
A local educational agency that receives an allocation 
under this section shall use the allocation to establish or 
maintain a full-day kindergarten program— 
(1) that has a duration of at least 5 hours per 
school day; 
(2) that permits children ages 4 through 6, in-
clusive, to be enrolled in such program; 
(3) that does not require payment for participa-
tion in such program; 
(4) that is offered for the full school year; 
(5) that is taught by teachers who meet the 
professional qualifications, including licensure and 
certification requirements, for kindergarten teachers 
in the State or Tribal organization in which the eli-
gible entity is located; 
(6) that includes academic standards that pre-
pare students to meet grade-level benchmarks; 
(7) that may include standards related to cog-
nitive development, socio-emotional learning, phys-
ical and behavioral skills development, and rec-
reational activity; and 
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
(8) that, if supported by paraprofessionals, is 
supported by paraprofessionals who meet the quali-
fications outlined in the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 5. REPORT. 
Not later than 120 days after the date of the enact-
ment of this Act, and annually thereafter, the Secretary 
shall conduct a study and submit a report to Congress 
that— 
(1) specifies the number of States, local edu-
cational agencies, Indian tribes, tribal organizations, 
and outlying areas that offer full-day kindergarten 
programs; and 
(2) assesses the availability of such programs to 
individuals in each such entity. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this section such sums as may be necessary for each of 
fiscal years 2022 through 2027. 
SEC. 7. DEFINITIONS. 
In this section: 
(1) ESEA TERMS.—The terms ‘‘local edu-
cational agency’’ and ‘‘outlying area’’ have the 
meanings given the terms in section 8101 of the Ele-
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(3) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
(4) TRIBE; TRIBAL ORGANIZATION.—The terms 
‘‘Indian tribe’’ and ‘‘tribal organization’’ have the 
meanings given such terms in section 5212 of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 
2511). 
Æ 
VerDate Sep 11 2014 
05:17 Jun 22, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H3391.IH
H3391
kjohnson on DSK79L0C42PROD with BILLS