I 
113TH CONGRESS 
1ST SESSION H. R. 1368 
To assist States in providing voluntary high-quality universal prekindergarten 
programs and programs to support infants and toddlers. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2013 
Mrs. CAROLYN B. MALONEY of New York (for herself and Ms. SCHWARTZ) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To assist States in providing voluntary high-quality universal 
prekindergarten programs and programs to support in-
fants and toddlers. 
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 ‘‘Prepare All Kids Act 
of 2013’’. 
SEC. 2. HIGH-QUALITY PREKINDERGARTEN PROGRAMS. 
Title I of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) is amended— 
(1) by redesignating part I as part J; and 
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(2) by inserting after part H the following: 
‘‘PART I—HIGH-QUALITY PREKINDERGARTEN 
PROGRAMS 
‘‘SEC. 1841. FINDINGS. 
‘‘Congress makes the following findings: 
‘‘(1) Investments in children and early child-
hood development education should be a national 
priority. 
‘‘(2) State-funded preschool is the most rapidly 
expanding segment of the United States educational 
system, but in many States a lack of stable funding 
poses an enormous threat to the provision or con-
tinuation of high-quality preschool. 
‘‘(3) Researchers, educators, and economists 
have long noted an achievement gap for low-income 
and minority students as compared to their more ad-
vantaged peers that is often already evident when 
children enter school for the first time. 
‘‘(4) One study showed that before entering 
kindergarten, the average cognitive scores of pre-
school-age children in the highest socioeconomic 
group are 60 percent above the average scores of 
preschool-age children in the lowest socioeconomic 
group. 
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‘‘(5) For low-income preschoolers, research 
shows that high-quality early education and develop-
ment is vital to closing the achievement gap between 
them and their more advantaged peers. 
‘‘(6) Numerous studies have shown that high- 
quality preschool programs— 
‘‘(A) improve a number of specific life out-
comes for children; and 
‘‘(B) are cost-effective. 
‘‘(7) The provision of high-quality prekinder-
garten is a cost-effective investment for children and 
for the Nation. Research shows that for every $1 in-
vested in high-quality early childhood programs, tax-
payers save up to $7 in crime, welfare, remedial and 
special education, and other costs. 
‘‘(8) High-quality early education increases aca-
demic success for schoolchildren who received that 
education by— 
‘‘(A) improving skills in areas such as fol-
lowing directions and problem solving; 
‘‘(B) improving students’ performance on 
standardized tests; 
‘‘(C) reducing grade repetition; 
‘‘(D) reducing the number of students 
placed in special education; and 
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‘‘(E) increasing secondary school gradua-
tion rates. 
‘‘(9) High-quality early education promotes re-
sponsible behavior by teens and adults who received 
that education by— 
‘‘(A) reducing crime, delinquency, and 
unhealthy behaviors such as smoking and drug 
use; 
‘‘(B) lowering rates of teen pregnancy; 
‘‘(C) leading to greater employment and 
higher wages for adults; and 
‘‘(D) contributing to more stable families. 
‘‘(10) High-quality prekindergarten programs 
prepare children to— 
‘‘(A) succeed in school; 
‘‘(B) achieve higher levels of education; 
and 
‘‘(C) become citizens who— 
‘‘(i) earn more in adulthood; 
‘‘(ii) compete in the global economy; 
and 
‘‘(iii) contribute to our national pros-
perity. 
‘‘(11) The gap in developmental progress prior 
to preschool is significant for thousands of young 
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‘‘(C) helps prepare such children for a suc-
cessful transition to kindergarten. 
‘‘(5) PREKINDERGARTEN TEACHER.—The term 
‘prekindergarten teacher’ means an individual who 
teaches in a prekindergarten program and— 
‘‘(A) has a baccalaureate degree with a 
specialization in early childhood education or 
early childhood development; or 
‘‘(B) during the 6-year period following the 
first date on which the individual is employed 
as a teacher in a prekindergarten program as-
sisted under this part, is working toward such 
degree. 
‘‘(6) 
QUALIFIED
PREKINDERGARTEN
PRO-
VIDER.—The term ‘qualified prekindergarten pro-
vider’ includes a provider of a prekindergarten pro-
gram, a Head Start agency, a provider of a child 
care program, a school, or other entities providing 
prekindergarten services for eligible children that— 
‘‘(A) is in existence on the date of the 
qualification determination; 
‘‘(B) has demonstrated experience in pro-
viding early childhood education services to chil-
dren; and 
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‘‘(C) has met applicable requirements 
under State or local law that are designed to 
protect the health and safety of children and 
that are applicable to child care providers, or 
similar health and safety standards for public 
elementary and secondary schools. 
‘‘(7) STATE
ADVISORY
COUNCIL
ON
EARLY 
CHILDHOOD
EDUCATION
AND
CARE.—The term 
‘State Advisory Council on Early Childhood Edu-
cation and Care’ means the State Advisory Council 
on Early Childhood Education and Care designated 
or established under section 642B of the Head Start 
Act (42 U.S.C. 9837b) for a State. 
‘‘SEC. 1843. PROGRAM AUTHORIZATION. 
‘‘(a) PREKINDERGARTEN INCENTIVE FUND.—The 
Secretary of Education, in collaboration and consultation 
with the Secretary of Health and Human Services, shall 
create a Prekindergarten Incentive Fund, to be adminis-
tered by the Secretary of Education. 
‘‘(b) GRANTS.—In administering the Fund, the Sec-
retary shall award grants to eligible States based on a for-
mula established by the Secretary in accordance with sub-
section (c), to pay for the Federal share of the cost of 
awarding subgrants to qualified prekindergarten providers 
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to establish, expand, or enhance voluntary high-quality 
full-day prekindergarten programs. 
‘‘(c) MINIMUM ALLOTMENT.—No State shall receive 
a grant allotment under subsection (b) for a fiscal year 
that is less than one-half of 1 percent of the total amount 
made available to carry out this part for such fiscal year. 
‘‘SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS. 
‘‘(a) DESIGNATED STATE AGENCY.—To be eligible to 
receive a grant under this part, a State shall designate 
a State agency to administer the State program of assist-
ance for prekindergarten programs funded through the 
grant, including receiving and administering funds and 
monitoring the programs. 
‘‘(b) STATE APPLICATION.—In order for a State to 
be eligible to receive a grant under this part, the des-
ignated State agency shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may reasonably require, 
including— 
‘‘(1) an assurance that the State will award 
subgrants for prekindergarten programs in amounts 
that are sufficient to provide a high-quality pre-
kindergarten experience; 
‘‘(2) an assurance that not less than 25 percent 
of the qualified prekindergarten providers receiving 
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such subgrants will be providers of community-based 
programs; 
‘‘(3) a description of the number of children in 
the State who are eligible for the prekindergarten 
programs and the needs that will be served through 
the prekindergarten programs; 
‘‘(4) a description of how the State will ensure 
that the subgrants are awarded to a wide range of 
types of qualified prekindergarten providers; 
‘‘(5) a description of how the designated State 
agency will collaborate and coordinate activities with 
the State Advisory Council on Early Childhood Edu-
cation and Care, State-funded providers of pre-
kindergarten programs, providers of federally funded 
programs such as Head Start agencies, local edu-
cational agencies, and child care providers; 
‘‘(6) a description of how the State will ensure, 
through a monitoring process, that qualified pre-
kindergarten providers receiving the subgrants pro-
vide prekindergarten programs that meet the stand-
ards of high-quality early education, and use funds 
appropriately; 
‘‘(7) a description of how the State will meet 
the needs of the most disadvantaged students, in-
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cluding families at or below 200 percent of the pov-
erty line; 
‘‘(8) a description of how the State will meet 
the needs of working parents; and 
‘‘(9) a description of how the State will assist 
in providing professional development assistance to 
prekindergarten teachers and teacher aides. 
‘‘(c) STATE AND FEDERAL CONTRIBUTIONS.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost described in section 1843(b) shall be 50 
percent. The State shall provide the non-Federal 
share of the cost in cash. 
‘‘(2) NON-FEDERAL
SHARE.—The State shall 
provide the non-Federal share of the cost described 
in section 1843(b) in cash. A State may include, as 
the State’s non-Federal share, State funds des-
ignated for State prekindergarten programs or to 
supplement Head Start programs, but may not in-
clude any funds that are attributed as matching 
funds, as part of a non-Federal share, or as a main-
tenance of effort requirement, for any other Federal 
program. 
‘‘(d) SUPPLEMENTARY FEDERAL FUNDING.—Funds 
made available under this part may be used only to supple-
ment and not supplant other Federal, State, local, or pri-
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vate funds that would, in the absence of the funds made 
available under this part, be made available for early child-
hood programs. 
‘‘(e) MAINTENANCE OF EFFORT.—A State that re-
ceives a grant under this part for a fiscal year shall main-
tain the expenditures of the State for early childhood pro-
grams at a level not less than the level of such expendi-
tures of the State for the preceding fiscal year. 
‘‘SEC. 1845. STATE SET ASIDES AND EXPENDITURES. 
‘‘(a) INFANT AND TODDLER SET ASIDE.—Notwith-
standing section 1843, a State shall set aside not less than 
15 percent of the funds made available through a grant 
awarded under this part for the purpose of funding high- 
quality early childhood development programs for children 
from birth through age 3. Funds made available under 
this subsection may also be used for professional develop-
ment for teachers and teacher aides in classrooms for chil-
dren from birth through age 3. 
‘‘(b) EXTENDED DAY AND EXTENDED YEAR SET 
ASIDE.—Notwithstanding section 1843, a State shall set 
aside not less than 10 percent of the funds made available 
through a grant awarded under this part for the purpose 
of extending the hours of early childhood development pro-
grams to create extended day and extended year pro-
grams. 
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‘‘(c) ADMINISTRATIVE EXPENSES.—Not more than 5 
percent of the funds made available through a grant 
awarded under this part may be used for administrative 
expenses, including monitoring. 
‘‘SEC. 1846. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this part, 
a qualified prekindergarten provider shall submit an appli-
cation to the designated State agency at such time, in such 
manner, and containing such information as the agency 
may reasonably require, including— 
‘‘(1) a description of how the qualified pre-
kindergarten provider will meet the diverse needs of 
children in the community to be served, including 
children with disabilities, children whose native lan-
guage is not English, children with other special 
needs, children in the State foster care system, and 
homeless children; 
‘‘(2) a description of how the qualified pre-
kindergarten provider will serve eligible children who 
are not served through similar services or programs; 
‘‘(3) a description of a plan for actively involv-
ing parents and families in the prekindergarten pro-
gram and the success of their children in the pro-
gram; 
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‘‘(4) a description of how children in the pre-
kindergarten program, and their parents and fami-
lies, will receive referrals to, or assistance with, ac-
cessing supportive services provided within the com-
munity; 
‘‘(5) a description of how the qualified pre-
kindergarten provider collaborates with the State 
Advisory Council on Early Childhood Education and 
Care and providers of other programs serving chil-
dren and families, including Head Start agencies, 
providers of child care programs, and local edu-
cational agencies, to meet the needs of children, 
families, and working families, as appropriate; and 
‘‘(6) a description of how the qualified pre-
kindergarten provider will collaborate with local edu-
cational agencies to ensure a smooth transition for 
participating students from the prekindergarten pro-
gram to kindergarten and early elementary edu-
cation. 
‘‘SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM RE-
QUIREMENTS. 
‘‘(a) MANDATORY USES OF FUNDS.—A qualified pre-
kindergarten provider that receives a subgrant under this 
part shall use funds received through the grant to estab-
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lish, expand, or enhance prekindergarten programs for 
children who are ages 3 through 5, including— 
‘‘(1) providing a prekindergarten program that 
supports children’s cognitive, social, emotional, and 
physical development and approaches to learning, 
and helps prepare children for a successful transi-
tion to kindergarten; and 
‘‘(2) purchasing educational equipment, includ-
ing educational materials, necessary to provide a 
high-quality prekindergarten program. 
‘‘(b) PERMISSIBLE USE OF FUNDS.—A qualified pre-
kindergarten provider that receives a subgrant under this 
part may use funds received through the grant to— 
‘‘(1) extend part-day prekindergarten programs 
to full-day prekindergarten programs and year-round 
programs; 
‘‘(2) pay for transporting students to and from 
a prekindergarten program; and 
‘‘(3) provide professional development assist-
ance to prekindergarten teachers and teacher aides. 
‘‘(c) PROGRAM REQUIREMENTS.—A qualified pre-
kindergarten provider that receives a subgrant under this 
part shall carry out a high-quality prekindergarten pro-
gram by— 
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‘‘(1) maintaining a maximum class size of 20 
children, with at least 1 prekindergarten teacher per 
classroom; 
‘‘(2) ensuring that the ratio of children to pre-
kindergarten teachers and teacher aides shall not ex-
ceed 10 to 1; 
‘‘(3) utilizing a prekindergarten curriculum that 
is research- and evidence-based, developmentally ap-
propriate, and designed to support children’s cog-
nitive, social, emotional, and physical development, 
and approaches to learning; and 
‘‘(4) ensuring that prekindergarten teachers 
meet the requirements of this part. 
‘‘SEC. 1848. REPORTING. 
‘‘(a) QUALIFIED PREKINDERGARTEN PROVIDER RE-
PORTS.—Each qualified prekindergarten provider that re-
ceives a subgrant from a State under this part shall sub-
mit an annual report, to the designated State agency, that 
reviews the effectiveness of the prekindergarten program 
provided. Such annual report shall include— 
‘‘(1) data specifying the number and ages of en-
rolled children, and the family income, race, gender, 
disability, and native language of such children; 
‘‘(2) a description of— 
‘‘(A) the curriculum used by the program; 
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‘‘(B) how the curriculum supports the en-
rolled children’s cognitive, social, emotional, and 
physical development and approaches to learn-
ing; and 
‘‘(C) how the curriculum is appropriate for 
children of the culture, language, and ages of 
the children served; and 
‘‘(3) a statement of all sources of funding re-
ceived by the program, including Federal, State, 
local, and private funds. 
‘‘(b) STATE REPORTS.—Each State that receives a 
grant under this part shall submit an annual report to 
the Secretary detailing the effectiveness of all prekinder-
garten programs funded under this part in the State. 
‘‘(c) REPORT TO CONGRESS.—The Secretary shall 
submit an annual report to Congress that describes the 
State programs of assistance for prekindergarten pro-
grams funded under this part. 
‘‘SEC. 1849. PROHIBITED USE OF ASSESSMENTS FOR YOUNG 
CHILDREN. 
‘‘Funds available under this part, including funds 
provided as the non-Federal share required under section 
1844(c)(2), may not be used for assessments of children 
in prekindergarten programs or early childhood develop-
ment programs for any of the following: 
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‘‘(a) Assessments that provide or lead to rewards or 
sanctions for individual children, teachers, programs, or 
schools. 
‘‘(b) A single assessment used as the primary or sole 
method for assessing program effectiveness. 
‘‘(c) Evaluating children other than for— 
‘‘(1) improving instruction or classroom envi-
ronment; 
‘‘(2) targeting high-quality, evidence-based pro-
fessional development; 
‘‘(3) determining the need for health, mental 
health, disability, or family support services; 
‘‘(4) informing the quality improvement process 
at the State level; 
‘‘(5) program evaluation for the purposes of 
program improvement and parent information; or 
‘‘(6) research conducted as part of a national 
evaluation. 
‘‘SEC. 1850. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this part such sums as may be necessary for fiscal years 
2014 through 2018.’’. 
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SEC. 3. CONFORMING AMENDMENTS. 
(a) TABLE OF CONTENTS.—The table of contents in 
section 2 of the Elementary and Secondary Education Act 
of 1965 is amended— 
(1) by striking the item relating to the part 
heading for part I of title I and inserting the fol-
lowing: 
‘‘PART J—GENERAL PROVISIONS’’; 
and 
(2) by inserting after the item relating to sec-
tion 1830 the following: 
‘‘PART I—HIGH-QUALITY PREKINDERGARTEN PROGRAMS 
‘‘Sec. 1841. Findings. 
‘‘Sec. 1842. Definitions. 
‘‘Sec. 1843. Program authorization. 
‘‘Sec. 1844. State applications and requirements. 
‘‘Sec. 1845. State set asides and expenditures. 
‘‘Sec. 1846. Local applications. 
‘‘Sec. 1847. Local prekindergarten program requirements. 
‘‘Sec. 1848. Reporting. 
‘‘Sec. 1849. Prohibited use of assessments for young children. 
‘‘Sec. 1850. Authorization of appropriations.’’. 
(b) CONFORMING PROVISIONS.—Sections 1304(c)(2) 
and 1415(a)(2)(C) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6394(c)(2), 6435(a)(2)(C)) 
are each amended by striking ‘‘part I’’ and inserting ‘‘part 
J’’. 
Æ 
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