(20) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(21) STATE.—Except as otherwise provided in 
this subtitle, the term ‘‘State’’ means each of the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, and each of the outlying areas. 
(22) 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 established 
under section 642B(b) of the Head Start Act (42 
U.S.C. 9837b(b)). 
SEC. 113. PROGRAM AUTHORIZATION. 
From amounts made available to carry out this sub-
title, the Secretary, in consultation with the Secretary of 
Health and Human Services, shall award grants to States 
to implement high-quality prekindergarten programs, con-
sistent with the purposes of this subtitle described in sec-
tion 111. For each fiscal year, the funds provided under 
a grant by a State shall equal the allotment determined 
for the State under section 114. 
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SEC. 114. ALLOTMENTS AND RESERVATIONS OF FUNDS. 
(a) RESERVATION.—From the amount made avail-
able each fiscal year to carry out this subtitle, the Sec-
retary shall— 
(1) reserve not less than 1 percent and not 
more than 2 percent for payments to Indian tribes 
and tribal organizations; 
(2) reserve 1⁄2 of 1 percent for the outlying 
areas to be distributed among the outlying areas on 
the basis of their relative need, as determined by the 
Secretary in accordance with the purposes of this 
subtitle; 
(3) reserve 1⁄2 of 1 percent for eligible local en-
tities that serve children in families who are engaged 
in migrant or seasonal agricultural labor; and 
(4) reserve not more than 1 percent or 
$30,000,000, whichever amount is less, for national 
activities, including administration, technical assist-
ance, and evaluation. 
(b) ALLOTMENTS.— 
(1) IN
GENERAL.—From the amount made 
available each fiscal year to carry out this subtitle 
and not reserved under subsection (a), the Secretary 
shall make allotments to States in accordance with 
paragraph (2) that have submitted an approved ap-
plication. 
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(2) ALLOTMENT AMOUNT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall allot the amount 
made available under paragraph (1) for a fiscal 
year among the States in proportion to the 
number of children who are age 4 who reside 
within the State and are from families with in-
comes at or below 200 percent of the poverty 
line for the most recent year for which satisfac-
tory data are available, compared to the num-
ber of such children who reside in all such 
States for that fiscal year. 
(B) MINIMUM ALLOTMENT AMOUNT.—No 
State receiving an allotment under subpara-
graph (A) may receive less than 1⁄2 of 1 percent 
of the total amount allotted under such sub-
paragraph. 
(3) REALLOTMENT AND CARRY OVER.— 
(A) IN GENERAL.—If one or more States 
do not receive an allotment under this sub-
section for any fiscal year, the Secretary may 
use the amount of the allotment for that State 
or States, in such amounts as the Secretary de-
termines appropriate, for either or both of the 
following: 
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(i) To increase the allotments of 
States with approved applications for the 
fiscal year, consistent with subparagraph 
(B). 
(ii) To carry over the funds to the 
next fiscal year. 
(B) REALLOTMENT.—In increasing allot-
ments under subparagraph (A)(i), the Secretary 
shall allot to each State with an approved appli-
cation an amount that bears the same relation-
ship to the total amount to be allotted under 
subparagraph (A)(i), as the amount the State 
received under paragraph (2) for that fiscal 
year bears to the amount that all States re-
ceived under paragraph (2) for that fiscal year. 
(4) STATE.—For purposes of this subsection, 
the term ‘‘State’’ means each of the 50 States, the 
District of Columbia, and the Commonwealth of 
Puerto Rico. 
(c) FLEXIBILITY.—The Secretary may make minimal 
adjustments to allotments under this subsection, which 
shall neither lead to a significant increase or decrease in 
a State’s allotment determined under subsection (b), based 
on a set of factors, such as the level of program participa-
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tion and the estimated cost of the activities specified in 
the State plan under section 116(a)(2). 
SEC. 115. STATE ELIGIBILITY CRITERIA. 
A State is eligible to receive a grant under this sub-
title if the State demonstrates to the Secretary that the 
State— 
(1) has established or will establish early learn-
ing and development standards that describe what 
children from birth to kindergarten entry should 
know and be able to do, are universally designed and 
developmentally, culturally, and linguistically appro-
priate, are aligned with the State’s challenging aca-
demic content standards and challenging student 
academic achievement standards, as adopted under 
section 1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(1)), and 
cover the essential domains of school readiness, 
which address— 
(A) physical well-being and motor develop-
ment; 
(B) social and emotional development; 
(C) approaches to learning, including cre-
ative arts expression; 
(D) developmentally appropriate oral and 
written language and literacy development; and 
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(E) cognition and general knowledge, in-
cluding early mathematics and early scientific 
development; 
(2) has the ability or will develop the ability to 
link prekindergarten data with its elementary school 
and secondary school data for the purpose of col-
lecting longitudinal information for all children par-
ticipating in the State’s high-quality prekindergarten 
program and any other federally funded early child-
hood program that will remain with the child 
through the child’s public education through grade 
12; 
(3) offers State-funded kindergarten for chil-
dren who are eligible children for that service in the 
State; and 
(4) has established a State Advisory Council on 
Early Childhood Education and Care. 
SEC. 116. STATE APPLICATIONS. 
(a) IN GENERAL.—To receive a grant under this sub-
title, the Governor of a State, in consultation with the In-
dian tribes and tribal organizations in the State, if any, 
shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may reasonably require. At a minimum, each 
such application shall include— 
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(1) an assurance that the State— 
(A) will coordinate with and continue to 
participate in the programs authorized under 
section 619 and part C of the Individuals with 
Disabilities Education Act (20 U.S.C. 1419 and 
1431 et seq.), the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858 et 
seq.), and the maternal, infant, and early child-
hood home visiting programs funded under sec-
tion 511 of the Social Security Act (42 U.S.C. 
711) for the duration of the grant; 
(B) will designate a State-level entity (such 
as an agency or joint interagency office), se-
lected by the Governor, for the administration 
of the grant, which shall coordinate and consult 
with the State educational agency if the entity 
is not the State educational agency; and 
(C) will establish, or certify the existence 
of, program standards for all State prekinder-
garten programs consistent with the definition 
of a high-quality prekindergarten program 
under section 112; 
(2) a description of the State’s plan to— 
(A) use funds received under this subtitle 
and the State’s matching funds to provide high- 
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quality prekindergarten programs, in accord-
ance with section 117(d), with open enrollment 
for all children in the State who— 
(i) are described in section 112(9)(A); 
and 
(ii) are from families with incomes at 
or below 200 percent of the poverty line; 
(B) develop or enhance a system for moni-
toring eligible local entities that are receiving 
funds under this subtitle for compliance with 
quality standards developed by the State and to 
provide program improvement support, which 
may be accomplished through the use of a 
State-developed system for quality rating and 
improvement; 
(C) if applicable, expand participation in 
the State’s high-quality prekindergarten pro-
grams to children from families with incomes 
above 200 percent of the poverty line; 
(D) carry out the State’s comprehensive 
early learning assessment system, or how the 
State plans to develop such a system, ensuring 
that any assessments are culturally, develop-
mentally, and age-appropriate and consistent 
with the recommendations from the study on 
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Developmental Outcomes and Assessments for 
Young Children by the National Academy of 
Sciences, consistent with section 649(j) of the 
Head Start Act (42 U.S.C. 9844); 
(E) develop, implement, and make publicly 
available the performance measures and targets 
described in section 119; 
(F) increase the number of teachers with 
bachelor’s degrees in early childhood education, 
or with bachelor’s degrees in another closely re-
lated field and specialized training in early 
childhood education, including how institutions 
of higher education will support increasing the 
number of teachers with such degrees and 
training, including through the use of assess-
ments of prior learning, knowledge, and skills 
to facilitate and expedite attainment of such de-
grees; 
(G) coordinate and integrate the activities 
funded under this subtitle with Federal, State, 
and local services and programs that support 
early childhood education and care, including 
programs supported under this subtitle, the El-
ementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.), the Individuals with 
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Disabilities Education Act (20 U.S.C. 1400 et 
seq.), the Head Start Act (42 U.S.C. 9831 et 
seq.), the Community Services Block Grant Act 
(42 U.S.C. 9901 et seq.), the Child Care and 
Development Block Grant Act of 1990 (42 
U.S.C. 9858 et seq.), the temporary assistance 
for needy families program under part A of title 
IV of the Social Security Act (42 U.S.C. 601 et 
seq.), the State incentive grant program under 
section 14006 of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5), 
federally funded early literacy programs, the 
maternal, infant, and early childhood home vis-
iting programs funded under section 511 of the 
Social Security Act (42 U.S.C. 711), health im-
provements to child care funded under title 
XIX of the Social Security Act (42 U.S.C. 1396 
et seq.), the program under subtitle B of title 
VII of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431 et seq.), the Invest-
ing In Innovation program under section 14007 
of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111–5), programs au-
thorized under part E of title IV of the Social 
Security Act (42 U.S.C. 670 et seq.), the Fos-
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tering Connections to Success and Increasing 
Adoptions Act of 2008 (Public Law 110–351), 
and any other Federal, State, or local early 
childhood education programs used in the 
State; 
(H) award subgrants to eligible local enti-
ties, and in awarding such subgrants, facilitate 
a delivery system of high-quality prekinder-
garten programs that includes diverse pro-
viders, such as providers in community-based, 
public school, and private settings, and consider 
the system’s impact on options for families; 
(I) in the case of a State that does not 
have a funding mechanism for subgranting 
funds to implement high-quality prekinder-
garten, use objective criteria in awarding sub-
grants to eligible local entities that will imple-
ment high-quality prekindergarten programs, 
including actions the State will take to ensure 
that eligible local entities will coordinate with 
local educational agencies or other early learn-
ing providers, as appropriate, to carry out ac-
tivities to provide children served under this 
subtitle with a successful transition from pre-
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school into kindergarten, which activities shall 
include— 
(i) aligning curricular objectives and 
instruction; 
(ii) providing staff professional devel-
opment, including opportunities for joint- 
professional development on early learning 
and kindergarten through grade 3 stand-
ards, assessments, and curricula; 
(iii) coordinating family engagement 
and support services; and 
(iv) encouraging the shared use of fa-
cilities and transportation, as appropriate; 
(J) use the State early learning and devel-
opment standards described in section 115(1) 
to address the needs of dual language learners, 
including by incorporating benchmarks related 
to English language development; 
(K) identify barriers, and propose solutions 
to overcome such barriers, which may include 
seeking assistance under section 126, in the 
State to effectively use and integrate Federal, 
State, and local public funds and private funds 
for early childhood education that are available 
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to the State on the date on which the applica-
tion is submitted; 
(L) support articulation agreements (as 
defined in section 486A of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1093a)) between 
public 2-year and public 4-year institutions of 
higher education in the State for early child-
hood teacher preparation programs and related 
fields; 
(M) ensure that the higher education pro-
grams in the State have the capacity to prepare 
a workforce to provide high-quality prekinder-
garten programs; 
(N) support workforce development, in-
cluding State and local policies that support 
prekindergarten instructional staff’s ability to 
earn a degree, certification, or other specializa-
tions or qualifications, including policies on 
leave, substitutes, and child care services, in-
cluding non-traditional hour child care; 
(O) hold eligible local entities accountable 
for use of funds; 
(P) ensure that the State’s early learning 
and development standards are integrated into 
the instructional and programmatic practices of 
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high-quality prekindergarten programs and re-
lated programs and services, such as those pro-
vided to children under section 619 and part C 
of the Individuals with Disabilities Education 
Act (20 U.S.C. 1419 and 1431 et seq.); 
(Q) increase the number of children in the 
State who are enrolled in high-quality kinder-
garten programs and carry out a strategy to 
implement such a plan; 
(R) coordinate the State’s activities sup-
ported by grants under this subtitle with activi-
ties in State plans required under the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.), the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et 
seq.), the Head Start Act (42 U.S.C. 9831 et 
seq.), the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858 et seq.), 
and the Adult Education and Family Literacy 
Act (20 U.S.C. 9201 et seq.); 
(S) encourage eligible local entities to co-
ordinate with community-based learning re-
sources, such as libraries, arts and arts edu-
cation programs, appropriate media programs, 
family literacy programs, public parks and 
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recreation programs, museums, nutrition edu-
cation programs, and programs supported by 
the Corporation for National and Community 
Service; 
(T) work with eligible local entities, in con-
sultation with elementary school principals, to 
ensure that high-quality prekindergarten pro-
grams have sufficient facilities to meet the 
needs of children eligible for prekindergarten; 
(U) support local early childhood coordi-
nating entities, such as local early childhood 
councils, if applicable, and help such entities to 
coordinate early childhood education programs 
with high-quality prekindergarten programs to 
ensure effective and efficient delivery of early 
childhood education program services; 
(V) ensure that the provision of high-qual-
ity prekindergarten programs will not lead to a 
diminution of services for infants and toddlers 
or disrupt the care of infants and toddlers in 
the geographic area served by the eligible local 
entity, which may include demonstrating that 
the State will direct funds to provide high-qual-
ity early childhood education and care to in-
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fants and toddlers in accordance with section 
117(d); and 
(W) ensure that all high-quality prekinder-
garten programs the State supports under this 
Act will conduct criminal history background 
checks that meet the requirements of subsection 
(b) on employees and applicants for employ-
ment with direct access to children; and 
(3) an inventory of the State’s higher education 
programs that prepare individuals for work in a 
high-quality prekindergarten program, including— 
(A) certification programs; 
(B) associate degree programs; 
(C) baccalaureate degree programs; 
(D) master’s degree programs; and 
(E) other programs that lead to a speciali-
zation in early childhood education, or a related 
field. 
(b) CRIMINAL HISTORY BACKGROUND CHECKS.— 
(1) IN GENERAL.—The criminal history back-
ground checks required under subsection (a)(2)(Z) 
shall include— 
(A) a search of the State criminal registry 
or repository in the State in which the employee 
resides and previously resided; 
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(B) a search of the State-based child abuse 
and neglect registries and databases in the 
State in which the employee resides and pre-
viously resided; 
(C) a Federal Bureau of Investigation fin-
gerprint check using the Integrated Automated 
Fingerprint Identification System; and 
(D) a search of the National Sex Offender 
Registry established under section 119 of the 
Adam Walsh Child Protection and Safety Act of 
2006 (42 U.S.C. 16919). 
(2) PROHIBITION OF EMPLOYMENT.—To be eli-
gible to receive a grant under this subtitle, a State 
shall prohibit an individual with direct access to chil-
dren from employment with a program supported 
with grant funds under this subtitle if the individual 
has been convicted of a violent felony or any violent 
or sexual crime against a minor, as defined by the 
State. 
(3) UPDATED CHECKS.—To be eligible to re-
ceive a grant under this subtitle, each criminal his-
tory background check conducted on an employee as 
required under subsection (a)(2)(Z) shall be periodi-
cally repeated or updated in accordance with State 
law. 
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(4) APPEAL PROCESS.—To be eligible to receive 
a grant under this subtitle, a State shall provide an 
individual with a timely process by which to— 
(A) appeal the results of a criminal history 
background check conducted under this section 
to challenge the accuracy or completeness of the 
information produced by such background 
check; and 
(B) seek appropriate relief for any final 
employment decision based on materially inac-
curate or incomplete information produced by 
such background check. 
(c) DEVELOPMENT OF APPLICATION.—In developing 
an application for a grant under this subtitle, a State shall 
consult with the State Advisory Council on Early Child-
hood Education and Care and incorporate such Council’s 
recommendations, where applicable. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, 
and procedures afforded school employees, local edu-
cational agency employees, and the employees of early 
childhood education programs under Federal, State, or 
local laws (including applicable regulations or court or-
ders) or under the terms of collective bargaining agree-
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ments, memoranda of understanding, or other agreements 
between such employees and their employers. 
SEC. 117. STATE USE OF FUNDS. 
(a) RESERVATION FOR QUALITY IMPROVEMENT AC-
TIVITIES.— 
(1) IN
GENERAL.—A State that receives a 
grant under this subtitle may reserve for, not more 
than the first 4 years such State receives such a 
grant, not more than 20 percent of the grant funds 
for quality improvement activities if such activities 
support the elements of high-quality prekindergarten 
programs. Such quality improvement activities may 
include supporting teachers and principals in a 
State’s high-quality prekindergarten program, li-
censed or regulated child care, or Head Start pro-
grams to enable such teachers to earn a bacca-
laureate degree in early childhood education, or 
closely related field, through activities which may in-
clude— 
(A) expanding or establishing scholarships, 
counseling, and compensation initiatives to 
cover the cost of tuition, fees, materials, trans-
portation, and release time for such teachers; 
and 
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(B) providing ongoing professional develop-
ment opportunities, including regular in-class-
room observation by individuals trained in such 
observation, for such teachers, principals, and 
teachers assistants to enable such teachers, 
principals, and teachers assistants to carry out 
the elements of high-quality prekindergarten 
programs, which may include activities that ad-
dress— 
(i) promoting children’s development 
across the essential domains of early learn-
ing and development; 
(ii) developmentally appropriate teach-
er-child interaction; 
(iii) effective family engagement; 
(iv) providing culturally competent in-
struction; 
(v) working with a diversity of chil-
dren and families, including children with 
special needs and dual language learners; 
(vi) childhood nutrition and physical 
education programs; and 
(vii) supporting the implementation of 
evidence-based curricula. 
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(2) NOT SUBJECT TO MATCHING.—The amount 
reserved under paragraph (1) shall not be subject to 
the matching requirements under section 120. 
(3) COORDINATION.—A State that reserves an 
amount under paragraph (1) shall coordinate the 
use of such amount with activities funded under sec-
tion 658G of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858e) and the Head 
Start Act (42 U.S.C. 9831 et seq.). 
(4) CONSTRUCTION.—A State may not use 
funds reserved under this subsection to meet the re-
quirement described in section 112(9)(G). 
(b) SUBGRANTS
FOR HIGH-QUALITY PREKINDER-
GARTEN PROGRAMS.—A State that receives a grant under 
this subtitle shall award subgrants of sufficient size to eli-
gible local entities to enable such eligible local entities to 
implement high-quality prekindergarten programs for chil-
dren who— 
(1) are described in section 112(9)(A); 
(2) reside within the State; and 
(3) are from families with incomes at or below 
200 percent of the poverty line. 
(c) ADMINISTRATION.—A State that receives a grant 
under this subtitle may reserve not more than 1 percent 
of the grant funds for administration of the grant, and 
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may use part of that reservation for the maintenance of 
the State Advisory Council on Early Childhood Education 
and Care. 
(d) EARLY CHILDHOOD EDUCATION AND CARE PRO-
GRAMS FOR INFANTS AND TODDLERS.— 
(1) USE
OF
ALLOTMENT
FOR
INFANTS
AND 
TODDLERS.—An eligible State may apply to use, and 
the appropriate Secretary may grant permission for 
the State to use, not more than 15 percent of the 
funds made available through a grant received under 
this subtitle to award subgrants to early childhood 
education programs to provide, consistent with the 
State’s early learning and development guidelines for 
infants and toddlers, high-quality early childhood 
education and care to infants and toddlers who re-
side within the State and are from families with in-
comes at or below 200 percent of the poverty line. 
(2) APPLICATION.—To be eligible to use the 
grant funds as described in paragraph (1), the State 
shall submit an application to the appropriate Sec-
retary at such time, in such manner, and containing 
such information as the Secretary may require. Such 
application shall, at a minimum, include a descrip-
tion of how the State will— 
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(A) designate a lead agency which shall ad-
minister such funds; 
(B) ensure that such lead agency, in co-
ordination with the State’s Advisory Council on 
Early Childhood Education and Care, will col-
laborate with other agencies in administering 
programs supported under this subsection for 
infants and toddlers in order to obtain input 
about the appropriate use of such funds and en-
sure coordination with programs for infants and 
toddlers funded under the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 
9858 et seq.), the Head Start Act (42 U.S.C. 
9831 et seq.) (including any Early Learning 
Quality Partnerships established in the State 
under section 645B of the Head Start Act, as 
added by section 202), the Race to the Top and 
Early Learning Challenge program under sec-
tion 14006 of Public Law 111–5 (123 Stat. 
283), the maternal, infant, and early childhood 
home visiting programs funded under section 
511 of the Social Security Act (42 U.S.C. 711), 
and part C of the Individuals with Disabilities 
Education Act (20 U.S.C. 1431 et seq.); 
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(C) ensure that infants and toddlers who 
benefit from amounts made available under this 
subsection will transition to and have the oppor-
tunity to participate in a high-quality pre-
kindergarten program supported under this 
subtitle; 
(D) in awarding subgrants, give preference 
to early childhood education programs that 
have a plan to increase services to children with 
special needs, including children with develop-
mental delays or disabilities, children who are 
dual language learners, homeless children, chil-
dren who are in foster care, children of migrant 
families, children eligible for free or reduced- 
price lunch under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et 
seq.), or children in the child welfare system; 
and 
(E) give priority to activities carried out 
under this subsection that will increase access 
to high-quality early childhood education pro-
grams for infants and toddlers in local areas 
with significant concentrations of low-income 
families that do not currently benefit from such 
programs. 
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(3) ELIGIBLE PROVIDERS.—A State may use 
the grant funds as described in paragraph (1) to 
serve infants and toddlers only by working with 
early childhood education program providers that— 
(A) offer full-day, full-year care, or other-
wise meet the needs of working families; and 
(B) meet high-quality standards, such as— 
(i) Early Head Start program per-
formance standards under the Head Start 
Act (42 U.S.C. 9831 et seq.); or 
(ii) high quality, demonstrated, valid, 
and reliable program standards that have 
been established through a national entity 
that accredits early childhood education 
programs. 
(4) FEDERAL ADMINISTRATION.— 
(A) IN GENERAL.—The Secretary of Edu-
cation shall bear responsibility for obligating 
and disbursing funds to support activities under 
this subsection and ensuring compliance with 
applicable laws and administrative require-
ments, subject to paragraph (3). 
(B) INTERAGENCY AGREEMENT.—The Sec-
retary of Education and the Secretary of 
Health and Human Services shall jointly ad-
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minister activities supported under this sub-
section on such terms as such Secretaries shall 
set forth in an interagency agreement. The Sec-
retary of Health and Human Services shall be 
responsible for any final approval of a State’s 
application under this subsection that addresses 
the use of funds designated for services to in-
fants and toddlers. 
(C) APPROPRIATE
SECRETARY.—In this 
subsection, the term ‘‘appropriate Secretary’’ 
used with respect to a function, means the Sec-
retary designated for that function under the 
interagency agreement. 
SEC. 118. ADDITIONAL PREKINDERGARTEN SERVICES. 
(a) PREKINDERGARTEN FOR 3-YEAR-OLDS.—Each 
State that certifies to the Secretary that the State pro-
vides universally available, voluntary, high-quality pre-
kindergarten programs for 4-year-old children who reside 
within the State and are from families with incomes at 
or below 200 percent of the poverty line may use the 
State’s allocation under section 114(b) to provide high- 
quality prekindergarten programs for 3-year-old children 
who reside within the State and are from families with 
incomes at or below 200 percent of the poverty line. 
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(b) SUBGRANTS.—In each State that has a city, 
county, or local educational agency that provides univer-
sally available high-quality prekindergarten programs for 
4-year-old children who reside within the State and are 
from families with incomes at or below 200 percent of the 
poverty line the State may use amounts from the State’s 
allocation under section 114(b) to award subgrants to eli-
gible local entities to enable such eligible local entities to 
provide high-quality prekindergarten programs for 3-year- 
old children who are from families with incomes at or 
below 200 percent of the poverty line and who reside in 
such city, county or local educational agency. 
SEC. 119. PERFORMANCE MEASURES AND TARGETS. 
(a) IN GENERAL.—A State that receives a grant 
under this subtitle shall develop, implement, and make 
publicly available the performance measures and targets 
for the activities carried out with grant funds. Such meas-
ures shall, at a minimum, track the State’s progress in— 
(1) increasing school readiness across all do-
mains for all categories of children, as described in 
section 123(b)(7), including children with disabilities 
and dual language learners; 
(2) narrowing school readiness gaps between 
minority and nonminority children, and low-income 
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children and more advantaged children, in prepara-
tion for kindergarten entry; 
(3) decreasing placement for children in ele-
mentary school in special education programs and 
services as described in part B of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411 et 
seq.); 
(4) increasing the number of programs meeting 
the criteria for high-quality prekindergarten pro-
grams, as defined by the State and in accordance 
with section 112; 
(5) decreasing the need for grade-to-grade re-
tention in elementary school; 
(6) if applicable, ensuring that high-quality pre-
kindergarten programs do not experience instances 
of chronic absence among the children who partici-
pate in such programs; 
(7) increasing the number and percentage of 
low-income children in high-quality early childhood 
education programs that receive financial support 
through funds provided under this subtitle; and 
(8) providing high-quality nutrition services, 
nutrition education, physical activity, and obesity 
prevention programs. 
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termined by the State, from families with incomes at 
or below 200 percent of the poverty line, including 
the percentage of funds spent on children from fami-
lies with incomes— 
(A) at or below 100 percent of the poverty 
line; 
(B) at or below between 101 and 150 per-
cent of the poverty line; and 
(C) at or below between 151 and 200 per-
cent of the poverty line; 
(3) an evaluation of the State’s progress toward 
achieving the State’s performance targets, described 
in section 119; 
(4) data on the number of high-quality pre-
kindergarten program teachers and staff in the 
State (including teacher turnover rates and teacher 
compensation levels compared to teachers in elemen-
tary schools and secondary schools), according to the 
setting in which such teachers and staff work (which 
settings shall include, at a minimum, Head Start 
programs, public prekindergarten, and child care 
programs) who received training or education during 
the period of the grant and remained in the early 
childhood education program field; 
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