I
107TH CONGRESS
2D SESSION
H. R. 3912
To assist States in establishing a universal prekindergarten program to ensure
that all children 3, 4, and 5 years old have access to a high-quality
full-day, full-calendar-year prekindergarten education.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2002
Mr. KUCINICH (for himself, Mr. OWENS, Mr. ANDREWS, Ms. SOLIS, Ms. LEE,
Mr. MCGOVERN, Mr. CONYERS, Ms. KAPTUR, Mr. HINCHEY, Mr. FIL-
NER, Mr. FALEOMAVAEGA, and Ms. CARSON of Indiana) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To assist States in establishing a universal prekindergarten
program to ensure that all children 3, 4, and 5 years
old have access to a high-quality full-day, full-calendar-
year prekindergarten 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 ‘‘Universal Prekinder-
garten Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) High-quality prekindergarten programs help
children to succeed academically. Children who at-
tended a high-quality prekindergarten program have
higher academic achievement, lower rates of grade
retention, are less likely to be placed in special edu-
cation, and graduate from high school at higher
rates than those who did not.
(2) Early childhood education can reduce juve-
nile delinquency rates. A 15-year study following
989 low-income children who attended high-quality,
comprehensive prekindergarten found that they were
33 percent less likely to be arrested, and 42 percent
less likely to be arrested for a violent crime, than
children in the control group.
(3) There is currently a drastic shortage of af-
fordable, quality early education programs that are
accessible for working families.
(4) Full-day, full-calendar-year universal pre-
kindergarten programs would ensure all children 3,
4, and 5 years old have access to school readiness
programs and quality child care.
(5) Research shows that investing in quality
prekindergarten programs will provide savings in the
form of reduced need for remedial education, de-
creased crime rates, lower school dropout rates, and
decreased welfare dependence.
(b) PURPOSE.—The purpose of this Act is to ensure
that all children 3, 4, and 5 years old have access to a
high-quality full-day, full-calendar-year prekindergarten
program by providing grants to States to assist in devel-
oping a universal prekindergarten program that is vol-
untary and free-of-charge.
SEC. 3. PREKINDERGARTEN GRANT PROGRAM AUTHORIZA-
TION.
The Secretary of Health and Human Services, in con-
sultation with the Secretary of Education, shall provide
grants to an agency designated by each State (hereafter
in this Act referred to as the ‘‘designated State agency’’)
for the development of high-quality full-day, full-calendar-
year universal prekindergarten programs for all children
3, 4, and 5 years old in the State.
SEC. 4. STATE REQUIREMENTS.
(a) STATE MATCHING FUNDS.—Federal funds made
available to a designated State agency under this Act shall
be matched at least 20 percent by State funds.
(b) STATE APPLICATION.—To be eligible to receive
funds under this Act, a designated State agency shall sub-
mit an application at such time, in such manner, and con-
taining such information as the Secretary of Health and
Human Services may require. The application shall in-
clude the following:
(1) How the designated State agency, in over-
seeing the State’s universal prekindergarten pro-
gram, will coordinate with other State agencies re-
sponsible for early childhood education and health
programs.
(2) A State plan to establish and implement a
statewide universal prekindergarten program, in ac-
cordance with subsection (c).
(c) STATE PLAN.—The State plan required under
subsection (b)(2) shall include each of the following:
(1) A description of the universal prekinder-
garten program that will be established and how it
will support children’s cognitive, social, emotional,
and physical development.
(2) A statement of the goals for universal pre-
kindergarten programs and how program outcomes
will be measured.
(3) A description of—
(A) how funding will be distributed to eli-
gible prekindergarten program providers based
on the need for early childhood education in
each geographical area served by such pro-
viders; and
(B) how the designated State agency will
involve representatives of early childhood pro-
gram providers (including child care providers,
Head Start programs, and State and local
agencies) that sponsor programs addressing
children 3, 4, and 5 years old.
(4) A description of how the designated State
agency will coordinate with existing State-funded
prekindergarten programs, federally funded pro-
grams (such as Head Start programs), public school
programs, and child care providers.
(5) A description of how an eligible prekinder-
garten program provider may apply to the des-
ignated State agency for funding under this Act.
(6) A plan to address the shortages of qualified
early childhood education teachers, including how to
increase such teachers’ compensation to be com-
parable to that of public school teachers.
(7) How the designated State agency will pro-
vide ongoing professional development opportunities
to help increase the number of teachers in early
childhood programs who meet the State’s education
or credential requirements for prekindergarten
teachers.
(8) A plan to address how the universal pre-
kindergarten program will meet the needs of chil-
dren with disabilities, limited English proficiency,
and other special needs.
(9) A plan to provide transportation to children
to and from the universal prekindergarten program.
(10) A description of how the State will provide
the 20 percent match of Federal funds.
(d) ADMINISTRATION.—A designated State agency
may not use more than 5 percent of a grant under this
Act for costs associated with State administration of the
program under this Act.
SEC. 5. LOCAL REQUIREMENTS.
(a) IN GENERAL.—An eligible prekindergarten pro-
gram provider receiving funding under this Act shall—
(1) maintain a maximum class size of 20 chil-
dren;
(2) maintain a ratio of not more than 10 chil-
dren for each member of the teaching staff;
(3)(A) ensure that all prekindergarten teachers
meet the requirements for teachers at a State-fund-
ed prekindergarten program under an applicable
State law; and
(B) document that the State is demonstrating
significant progress in assisting prekindergarten
teachers on working toward a bachelor of arts de-
gree with training in early childhood development or
early childhood education;
(4)(A) be accredited by a national organization
with demonstrated experience in accrediting pre-
kindergarten programs; or
(B) provide assurances that it shall obtain such
accreditation not later than 3 years after first re-
ceiving funding under this Act; and
(5) meet applicable State and local child care li-
censing health and safety standards.
(b) LOCAL APPLICATION.—Eligible prekindergarten
program providers desiring to receive funding under this
Act shall submit an application to the designated State
agency overseeing funds under this Act containing the fol-
lowing:
(1) A description of the prekindergarten pro-
gram.
(2) A statement of the demonstrated need for
a program, or an enhanced or expanded program, in
the area served by the eligible prekindergarten pro-
gram provider.
(3) A description of the age-appropriate and de-
velopmentally appropriate educational curriculum to
be provided that will help children be ready for
school and assist them in the transition to kinder-
garten.
(4) A description of how the eligible prekinder-
garten program provider will collaborate with exist-
ing community-based child care providers and Head
Start programs.
(5) A description of how students and families
will be assisted in obtaining supportive services
available in their communities.
(6) A plan to promote parental involvement in
the prekindergarten program.
(7) A description of how teachers will receive
ongoing professional development in early childhood
development and education.
(8) An assurance that prekindergarten pro-
grams receiving funds under this Act provide the
data required in section 7(c).
SEC. 6. PROFESSIONAL DEVELOPMENT SET-ASIDE.
(a) IN GENERAL.—A designated State agency may
set aside up to 5 percent of a grant under this Act for
ongoing professional development activities for teachers
and staff at prekindergarten programs that wish to par-
ticipate in the universal prekindergarten grant program
under this Act. A designated State agency using the set-
aside for professional development must include in its ap-
plication the following:
(1) A description of how the designated State
agency will ensure that eligible prekindergarten pro-
gram providers in a range of settings (including
child care providers, Head Start programs, and
schools) will participate in the professional develop-
ment programs.
(2) An assurance that, in developing its applica-
tion and in carrying out its program, the profes-
sional development provider has consulted, and will
consult, with relevant agencies, early childhood orga-
nizations, early childhood education experts, and
early childhood program providers.
(3) A description of how the designated State
agency will ensure that the professional development
is ongoing and accessible to educators in all geo-
graphic areas of the State, including by the use of
advanced educational technologies.
(4) A description of how the designated State
agency will ensure that such set-aside funds will be
used to pay the cost of additional education and
training.
(5) A description of how the designated State
agency will work with other agencies and institutions
of higher education to provide scholarships and
other financial assistance to prekindergarten staff.
(6) A description of how the State educational
agency will provide a financial incentive, such as a
financial stipend or a bonus, to educators who par-
ticipate in and complete such professional develop-
ment.
(7) A description of how the professional devel-
opment activities will be carried out, including the
following:
(A) How programs and educators will be
selected to participate.
(B) How professional development pro-
viders will be selected, based on demonstrated
experience in providing research-based profes-
sional development to early childhood educators.
(C) The types of research-based profes-
sional development activities that will be carried
out in all domains of children’s physical, cog-
nitive, social, and emotional development and
on early childhood pedagogy.
(D) How the program will train early
childhood educators to meet the diverse edu-
cational needs of children in the community, es-
pecially children who have limited English pro-
ficiency, disabilities, and other special needs.
(E) How the program will coordinate with
and build upon, but not supplant or duplicate,
early childhood education professional develop-
ment activities that exist in the community.
(b) USES OF FUNDS.—Funds set aside under this
section 
may 
be 
used 
for 
ongoing 
professional
development—
(1) to provide prekindergarten teachers and
staff with the knowledge and skills for the applica-
tion of recent research on child cognitive, social,
emotional, and physical development, including lan-
guage and literacy development, and on early child-
hood pedagogy;
(2) to provide the cost of education needed to
obtain a credential or degree with specific training
in early childhood development or education;
(3) to work with children who have limited
English proficiency, disabilities, and other special
needs; and
(4) to select and use developmentally appro-
priate screening and diagnostic assessments to im-
prove teaching and learning and make appropriate
referrals for services to support prekindergarten
children’s development and learning.
SEC. 7. REPORTING.
(a) REPORT BY SECRETARY.— For each year in
which funding is provided under this Act, the Secretary
of Health and Human Services shall submit an annual re-
port to the Congress on the implementation and effective-
ness of the universal prekindergarten program under this
Act.
(b) REPORT BY DESIGNATED STATE AGENCY.—Each
designated State agency that provides grants to eligible
prekindergarten program providers under this Act shall
submit to the Secretary an annual report on the imple-
mentation and effectiveness of the programs in the State
supported under this Act. Such report shall contain such
additional information as the Secretary may reasonably
require.
(c) REPORT BY GRANT RECIPIENT.—Each eligible
prekindergarten program provider that receives a grant
under this Act shall submit to the designated State agency
an annual report that includes, with respect to the pro-
gram supported by such grant, the following:
(1) A description of the type of program and a
statement of the number and ages of children served
by the program, as well as the number and ages of