I 
113TH CONGRESS 
1ST SESSION H. R. 1041 
To amend the Elementary and Secondary Education Act of 1965 to improve 
early education. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2013 
Mrs. MCCARTHY of New York introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to improve early education. 
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 ‘‘Providing Resources 
Early for Kids Act of 2013’’ or the ‘‘PRE-K Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Children’s experiences in the first 5 years of 
life influence the developing brain and have a signifi-
cant and lasting impact. 
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(2) All children deserve access to high-quality 
early learning experiences that can support chil-
dren’s cognitive, social, and emotional development 
and help prepare children to succeed in school and 
in life. 
(3) Research shows that high-quality early edu-
cation programs can improve early reading and early 
mathematics skills, decrease grade retention, de-
crease the need for special education services, and 
increase the likelihood that children will graduate 
from secondary school and become productive mem-
bers of society. 
(4) The economic benefits of early education ex-
periences are clear, and providing parents with 
greater access to high-quality early learning pro-
grams will benefit children, families, and our Nation. 
(5) High-quality early education programs have 
well-trained and well-compensated teachers, small 
class sizes, a full-day program, comprehensive serv-
ices, family participation, and a research-based cur-
riculum that aligns with strong early learning stand-
ards. The quality of State early education programs 
varies significantly across the United States. 
(6) While nearly three-quarters of children ages 
3 through 5 who are not in kindergarten spend time 
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in non-parental care each week, research suggests 
that most are not in high-quality settings that meet 
the full range of their developmental needs. 
(7) A Federal partnership with States— 
(A) will help increase access to voluntary, 
high-quality preschool programs; 
(B) is a necessary step to improving the 
Nation’s elementary and secondary schools and 
helping States close the achievement gap and 
improve graduation rates; and 
(C) should be a national priority. 
SEC. 3. EARLY EDUCATION GRANTS. 
(a) PROGRAM ESTABLISHED.—From amounts made 
available to carry out this Act, the Secretary, in consulta-
tion with the Secretary of Health and Human Services, 
shall make grants each fiscal year to States to enhance 
or improve State-funded preschool programs. 
(b) ALLOTMENT.— 
(1) 
DETERMINATION.—From 
funds 
appro-
priated under section 13, and not reserved under 
subsection (c), the Secretary shall make a base allot-
ment to each State that has submitted an approved 
application and is either— 
(A) a qualified State (as defined in section 
4(a)); or 
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(B) a selected State (as designated under 
section 4(b)). 
(2) AMOUNT.—The amount of the base allot-
ment described under paragraph (1) for each State 
shall be based on the number of children who are 
under age 5 from a family with income below the 
poverty line for each State, compared to the number 
of such children from all States, except that no 
State shall have a base allotment that is less than 
0.25 percent of the amounts appropriated under this 
Act. 
(3) BASIS FOR THE BASE ALLOTMENT.—The 
Secretary shall determine the amount of the base al-
lotment under paragraph (2) as if every State was 
to receive a base allotment. 
(4) REMAINDER.—In any fiscal year for which 
not every State is to receive a base allotment, the 
Secretary shall reallot any funds remaining after the 
determination of a base allotment under paragraph 
(2) to each State that has submitted an approved 
application and is a qualified State. Such remaining 
funds shall be realloted among such qualified States 
and shall be determined by comparing the number of 
children who are under age 5 from a family with in-
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come below the poverty line for each such qualified 
State to such number for all such qualified States. 
(c) RESERVATION.—From the amount appropriated 
each fiscal year to carry out this Act, the Secretary shall 
reserve 1 percent for the purpose of making grants to In-
dian tribes and tribal organizations, as described in sec-
tion 10. 
SEC. 4. STATE ELIGIBILITY. 
(a) QUALIFIED STATES.—For purposes of this Act, 
the term ‘‘qualified State’’ means a State that meets each 
of the following criteria: 
(1) The State carries out a voluntary State- 
funded preschool program that includes, at a min-
imum, the following: 
(A) Use of research-based curricula that 
are aligned with State early learning standards 
that are developmentally appropriate and in-
clude, at a minimum, each of the following do-
mains: 
(i) Language development. 
(ii) Literacy. 
(iii) Mathematics. 
(iv) Science. 
(v) Creative arts. 
(vi) Social and emotional development. 
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(vii) Approaches to learning. 
(viii) Physical and health develop-
ment. 
(B) Use of nationally established, or bet-
ter, best practices for group size and teacher-to- 
student ratios, appropriate to the age group 
being served. 
(C) A requirement that each teacher holds 
an associate degree, or higher, in early child-
hood education or a related field. 
(D) A requirement to operate for at least 
the length of an academic year. 
(2) The State shall have developed a plan, in-
cluding a timetable, for moving toward a require-
ment for State-funded preschool programs that each 
teacher holds a baccalaureate degree in early child-
hood education, or in a related field if specialized 
training in early childhood education has also been 
completed, not more than 5 years after the State 
first receives a grant as a qualified State under this 
Act. 
(3) The State, at a minimum, shall ensure that 
the average per-child expenditure by the State and 
the State’s political subdivisions to support State- 
funded preschool programs for the fiscal year for 
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which the grant is made is equal to, or greater than, 
the average of such per-child expenditure for the 
previous 2 fiscal years. 
(4) The State, at a minimum, shall ensure that 
the total expenditure by the State to support State- 
funded preschool programs for the fiscal year for 
which the grant is made is equal to, or greater than, 
such expenditure for the preceding fiscal year. 
(5) The State, at a minimum, shall ensure that 
the total expenditure by the State to support State- 
funded child care services and activities for the fiscal 
year for which the grant is made is equal to, or 
greater than, such expenditure for the preceding fis-
cal year. 
(b) SELECTED STATES.— 
(1) IN GENERAL.—Each fiscal year, the Sec-
retary shall carry out, on a competitive basis, a proc-
ess for the designation of States as selected States 
for purposes of this Act. The Secretary shall deter-
mine whether to designate any States as selected 
States and, if so, shall determine the States that are 
to be designated as selected States. 
(2) BASIS FOR DETERMINATIONS.—The deter-
minations required by paragraph (1) shall be based 
on— 
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(A) a State meeting the requirements of 
paragraphs (3) through (5) of subsection (a); 
(B) the quality of the applications sub-
mitted; and 
(C) the extent to which a State dem-
onstrates that the State, if designated, will be-
come a qualified State within 2 fiscal years. 
(3) PERIOD OF DESIGNATION.—A designation 
as a selected State under this subsection shall apply 
to a State for 2 fiscal years. If a State is both a 
qualified State and a selected State for a fiscal year, 
the State shall be treated for purposes of this Act 
as a qualified State rather than a selected State. 
SEC. 5. APPLICATIONS. 
(a) IN GENERAL.—A State desiring to receive funds 
under this Act shall submit an application to the Secretary 
at such time and in such manner as the Secretary may 
reasonably require. In developing such application, the 
State shall consult with the State Advisory Council on 
Early Childhood Education and Care (described in section 
642B(b) of the Head Start Act (42 U.S.C. 9837b(b))) or 
a similar State entity, and providers of early childhood 
programs operating in the State. 
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(b) REQUIRED CONTENTS.—The application referred 
to in subsection (a) shall include, at a minimum, the fol-
lowing: 
(1) If the State desires to be treated as a quali-
fied State, information sufficient for the Secretary to 
determine whether the State is a qualified State. 
(2) If the State desires to be designated as a 
selected State— 
(A) assurances that the State, if des-
ignated as a selected State, will become a quali-
fied State within 2 fiscal years; 
(B) information sufficient for the Sec-
retary to determine whether the State meets the 
requirements of paragraphs (3) through (5) of 
section 4(a); and 
(C) information relating to any competitive 
criteria that the Secretary may establish. 
(3) A description of how the funds received 
under this Act will be used to enhance or improve 
preschool programs in the State. 
(4) A description of how the State is working 
to build the State’s capacity to serve more children 
in high-quality early education programs, including 
the building of new facilities, as appropriate. 
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(5) A description of how the State will ensure 
that any funds made available to State-funded pre-
school program providers are made available to a 
range of types of such preschool providers, including 
local educational agencies and community-based pro-
viders such as child care and Head Start, as appro-
priate. 
(6) Assurances that amounts received by the 
State under this Act will be used only to supple-
ment, and not to supplant, Federal, State, and local 
funds otherwise available to support existing early 
childhood services and activities. 
(7) A description of how the State will evaluate 
the effectiveness of the use of funds received under 
this Act. 
(8) A description of how the State will use the 
funds to better meet the needs of low-income work-
ing parents. 
(9) A description of how the use of funds will 
help meet the developmental needs of children in the 
State. 
(10) A description of how the State will ensure 
that State-funded preschool programs are available 
to, and appropriate for, children with disabilities. 
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(11) A description of how the State-funded pre-
school programs will be culturally and linguistically 
appropriate and how the State plans to meet the 
early education needs of children with limited 
English proficiency. 
(12) A description of how the State is working 
to develop and use research-based curricula that are 
aligned with State early learning standards and are 
linguistically and culturally appropriate for children 
with limited English proficiency. 
(13) A description of how the State agency des-
ignated under subsection (c) will coordinate with 
other State agencies delivering early childhood devel-
opment programs or services. 
(14) A description of how the State will ensure 
that State-funded preschool programs will coordinate 
with local educational agencies in the area to ensure 
a smooth and successful transition to kindergarten. 
(15) A description of how the State monitoring 
process will effectively assess and ensure the quality 
of State-funded preschool programs. 
(16) A description of how the State will coordi-
nate this grant with the efforts of the State Advisory 
Council on Early Childhood Education and Care (de-
scribed in section 642B(b) of the Head Start Act 
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(42 U.S.C. 9837b(b))) or another State entity that 
is coordinating a system of early childhood develop-
ment and education for children from birth to kin-
dergarten entry. 
(17) A description of how the State-funded pre-
school programs that are not universal prioritize 
children from low-income families. 
(18) A description of how the State is working 
to eliminate barriers and improve access to State- 
funded preschool programs for children who live in 
rural areas. 
(19) A description of how the State is working 
to address the transportation needs of families for 
whom lack of transportation is a significant barrier 
to accessing State-funded preschool. 
(c) STATE AGENCY.—The application shall designate 
a State agency to administer and oversee grant funds and 
the activities carried out under this Act. 
SEC. 6. USE OF FUNDS. 
(a) PRIORITY.—In using funds provided under this 
Act, a State shall give priority to improving the quality 
of State-funded preschool in communities with high con-
centrations of low-income children. 
(b) SPECIFIC USES.—Subject to subsections (c) and 
(d), a State that receives funds under this Act shall use 
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such funds to carry out 1 or more of the following activi-
ties: 
(1) To increase the number of teachers and 
program directors in State-funded preschool pro-
grams who hold a baccalaureate degree in early 
childhood education, or in a related field if special-
ized training in early childhood education has also 
been completed. 
(2) To increase the number of teacher aides in 
State-funded preschool programs who hold an asso-
ciate degree in early childhood education, or in a re-
lated field if specialized training in early childhood 
education has also been completed. 
(3) To increase the number of program direc-
tors, teachers, and teacher aides who have special-
ized training in working with children and families 
with limited English proficiency. 
(4) To increase the number of program direc-
tors, teachers, and teacher aides who have special-
ized training in working with children with disabil-
ities. 
(5) To increase the compensation or benefits 
provided to teachers, program directors, and teacher 
aides in State-funded preschool programs in order to 
improve the ability of those programs to recruit and 
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retain such teachers, program directors, and teacher 
aides. 
(6) To decrease group size in classrooms in 
State-funded preschool programs. 
(7) To improve the teacher-to-student ratios in 
classrooms in State-funded preschool programs. 
(8) To provide, in State-funded preschool pro-
grams, 1 or more of the following comprehensive 
services that support healthy child development and 
positive child outcomes and school readiness: 
(A) Vision and hearing screenings and re-
ferrals. 
(B) Health and mental health screenings 
and referrals. 
(C) Parent involvement opportunities. 
(D) Nutrition services. 
(9) To extend the number of— 
(A) hours per day of program operation of 
State-funded preschool programs; 
(B) days per week of program operation of 
State-funded preschool programs; or 
(C) weeks per year of program operation of 
State-funded preschool programs. 
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(10) To improve the State’s system for moni-
toring the quality of State-funded preschool pro-
grams. 
(11) To provide opportunities for intensive and 
on-going research- and evidence-based professional 
development in the domains described in section 
4(a)(1)(A) for staff of State-funded preschool pro-
grams. 
(12) To provide induction and support for pre-
school program directors, teachers, and staff during 
the first 3 years of employment in a new position, 
and to provide on-going mentoring to such individ-
uals by persons with education and expertise in sup-
porting teachers in effective teaching practices with 
young children and in supporting program directors 
in early childhood education and program manage-
ment. 
(13) To renovate existing facilities, except that 
such renovation must be limited to minor rehabilita-
tion or remodeling needed to ensure that State-fund-
ed preschool program facilities are age and develop-
mentally appropriate. 
(14) To provide preschool classroom supplies or 
equipment. 
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(c) SET-ASIDE.—A State that receives funds under 
this Act shall use 10 percent of such funds to improve 
the quality of early learning environments for children 
from birth to age 3 through research- and evidence-based 
methods. 
(d) SPECIAL RULE.— 
(1) IN GENERAL.—Notwithstanding subsection 
(b), a qualified State that receives funds under this 
Act may use not more than 50 percent of the funds 
remaining after the set-aside described under sub-
section (c) for the purpose of expanding a State- 
funded preschool program, with priority for such ex-
pansion to communities with high concentrations of 
low-income children, that meets or exceeds the cri-
teria in section 4(a) if— 
(A) the amount appropriated under section 
13 is not less than $250,000,000; or 
(B) the State-funded preschool program 
meets or exceeds the following criteria: 
(i) The standards described in sub-
paragraphs (A) and (B) of section 4(a)(1). 
(ii) Each teacher holds a bacca-
laureate degree in early childhood edu-
cation (or a related field if specialized 
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