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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-
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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) No comprehensive early childhood education plan
or modification thereof submitted by a prime sponsorship
under this section shall be approved by the Secretary un-
less the Secretary determines, in accordance with regula-
tions prescribed by the Secretary, that—
(1) each community action agency or single
purpose Headstart agency in the area to be served
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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) A comprehensive early childhood education plan
submitted under this section may be disapproved or a
prior approval withdrawn only if the Secretary, in accord-
ance 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.
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(d) In order to contribute to the effective administra-
tion 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 sponsors.
SEC. 105. PROJECT APPLICATIONS.
(a) Financial assistance under this Act may be pro-
vided to a project applicant for any fiscal year only pursu-
ant to a project application which is submitted by a public
or private agency 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 Headstart 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;
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(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;
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(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.
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(8) (A) no charge for services provided under
an early childhood education program will be made
with respect to any child who is economically dis-
advantaged, 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-
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sons, and persons preparing for careers in early
childhood education programs;
(11) no person will be denied employment in
any program solely on the ground that he/she fails
to meet State or local teacher certification stand-
ards;
(12) there are assurances satisfactory to the
Secretary that the nonFederal share requirements
will be met; and
(13) 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) A project application submitted in accordance
with subsection (a) of this section may be approved by
the Secretary if determined 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;
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(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 organization in the acquisition or improve-
ment of facilities for early childhood education pro-
grams;
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(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) Applications for financial assistance for projects
including construction may be approved only if the Sec-
retary determines that construction of such facilities is es-
sential to the provision of adequate early childhood edu-
cation services, and that rental, renovation, remodeling,
or leasing of adequate facilities is not practicable.
(b) 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 entitled to recover from the ap-
plicant 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 facil-
ity financed with the aid of such funds, unless the Sec-
retary determines in accordance with regulations that
there is good cause for releasing the applicant or other
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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 situated.
(c) All laborers and mechanics employed by contrac-
tors 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) Any Federal assistance for construction shall be
in the form of grants, and shall not be paid to other than
public or private nonprofit agencies and organizations.
Not more than 15 percent of the total financial 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) The Secretary, after consultation with other ap-
propriate 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, agencies, and
independent authorities could be made available to public
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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) The Secretary may require, as a condition to the
receipt of assistance under this title, that any prime spon-
sor under this title agree to conduct a review and provide
the Secretary with a report as to the extent to which facili-
ties 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) In accordance with this section, the Secretary
shall pay from the applicable allocation or apportionment
under section 4 the Federal share of the costs of pro-
grams, services, and activities, in accordance with plans
or applications which have been approved as provided in
this part.
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(b)(1) Except as provided in paragraphs (2) and (3)
of this subsection, the Secretary shall pay an amount not
in excess of 90 percent of the cost of carrying out pro-
grams, services, and activities under this part. The Sec-
retary may, in accordance with such regulations prescribed
by the Secretary, approve assistance in excess of such per-
centage if the Secretary determines that such action is re-
quired to provide adequately for the early childhood edu-
cation needs of economically disadvantaged children.
(2) The Secretary shall pay an amount equal to 100
percent of the costs of providing early childhood education
programs for children of migrant agricultural workers and
their families under this title.
(3) 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 reserva-
tions under this title.
(4) The Secretary shall pay an amount equal to 100
percent of the costs of providing early childhood education
programs for Native Hawaiian children under this title.
(c) The nonFederal 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