101 
‘‘(B) Public information dissemination and 
access to programs for families contacting any of 
the early childhood programs. 
‘‘(C) Selection priorities for eligible children 
to be served by programs. 
‘‘(D) Service delivery areas. 
‘‘(E) Staff training, including opportunities 
for joint staff training on topics such as aca-
demic content standards, instructional methods, 
and social and emotional development. 
‘‘(F) Program technical assistance. 
‘‘(G) Provision of additional services to 
meet the needs of working parents. 
‘‘(H) Planning and parent education for 
smooth transitions to kindergarten as required 
in section 642A(3) and 642A(6). 
‘‘(I) Provision and use of facilities, trans-
portation, and other program elements. 
‘‘(J) Other elements mutually agreed to by 
the parties to such memorandum. 
‘‘(2) TIMING OF MEMORANDA.—Each Head Start 
agency shall enter into a memorandum of under-
standing under paragraph (1) not later than 1 year 
after the effective date of this section. 
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‘‘(3) 
SECRETARIAL
REVIEW.—Each 
memo-
randum of understanding entered into under para-
graph (1) shall be submitted to the Secretary not later 
than 30 days after entering into such memorandum. 
‘‘(A) If a Head Start agency is unable to 
comply with the requirement in paragraph (1) 
the Head Start agency shall notify the Secretary 
and the chief executive officer of the State not 
later than 30 days after determining that they 
are unable to enter into such memorandum. The 
Secretary, in cooperation with the State Early 
Learning Council and the State Director of 
Head Start Collaboration, shall evaluate the 
causes of failure to enter into a memorandum of 
understanding under paragraph (1). With the 
assistance of the State Early Learning Council 
and the State Director of Head Start Collabora-
tion, all parties shall again attempt to enter into 
a memorandum of understanding under para-
graph (1). Then if no such memorandum of un-
derstanding is entered into, the Secretary shall 
make 1 of the following determinations: 
‘‘(i) The local educational agency, local 
council, or other appropriate entity is un-
able or unwilling to enter into such a 
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103 
memorandum despite reasonable efforts on 
the part of the Head Start agency. 
‘‘(ii) The Head Start agency has not 
engaged in reasonable efforts to successfully 
negotiate and enter into a memorandum of 
understanding pursuant to paragraph (1). 
‘‘(iii) There is an absence of publicly 
funded prekindergarten in the service area 
of the Head Start agency. 
‘‘(B) If the Secretary determines the Head 
Start agency is not making reasonable efforts to 
enter into a memorandum of understanding pur-
suant to paragraph (1), the Head Start agency 
shall be found to be noncompliant with program 
performance standards. 
‘‘(C) If the Secretary concludes that the 
local educational agency, local council, or other 
appropriate entity is not making reasonable ef-
forts to reach such a memorandum of under-
standing, the Head Start agency shall not be 
found out of compliance with paragraph (1). 
‘‘(4) REVISION
OF
MEMORANDA.—Each memo-
randum of understanding shall be revised and re-
newed annually by the parties to such memorandum, 
in alignment with the beginning of the school year. 
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104 
‘‘(5) ABSENCE OF PREKINDERGARTEN.—In the 
absence of publicly funded prekindergarten in the 
service area of a Head Start agency, the Head Start 
agency shall submit notice to the Secretary and the 
chief executive officer of the State and shall work with 
the State Early Learning Council and the State Di-
rector of Head Start Collaboration to improve coordi-
nation in their service area. 
‘‘(b) STATE EARLY LEARNING COUNCILS.—From the 
amounts reserved under section 640(a)(2)(C)(iii), the Sec-
retary shall award, upon submission of a written request 
and pursuant to the requirements of paragraph (2), an 
early learning collaboration grant to each State for the pur-
poses of supporting a State Early Learning Council respon-
sible for advancing the development of a coordinated early 
childhood services delivery system in the State. A State that 
receives a grant under this subparagraph shall— 
‘‘(1) establish a State Early Learning Council, 
which shall include— 
‘‘(A) the State Director of Head Start Col-
laboration; 
‘‘(B) representatives from the State pre-
school programs; 
‘‘(C) representatives of local educational 
agencies; 
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105 
‘‘(D) the State official who oversees child 
care programs; 
‘‘(E) the State official who oversees section 
619 and part C of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1419, 1431 et 
seq.); 
‘‘(F) the State official who oversees the 
State educational agency; 
‘‘(G) representatives from Head Start agen-
cies located in the State, including migrant and 
seasonal Head Start programs and Indian Head 
Start programs; 
‘‘(H) representatives of local child care pro-
grams or organizations; and 
‘‘(I) a representative of the State agency re-
sponsible for health and mental health care; 
except that the chief executive officer of the State may 
designate an existing entity to serve as the Early 
Learning Council if such entity includes representa-
tives described in this paragraph; 
‘‘(2) ensure that allotted funds distributed to a 
State for a fiscal year to carry out this subsection 
may be used by the State to pay not more than 50 
percent of the cost of carrying out this subsection; 
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106 
‘‘(3) direct the early learning council to improve 
the coordination and quality of early childhood serv-
ices within the State, including— 
‘‘(A) to increase coordination and collabora-
tion among State preschool, Head Start pro-
grams, child care programs, early childhood spe-
cial education, and other early childhood pro-
grams, including in the areas of outcomes and 
standards, technical assistance, coordination of 
services, cross-sector professional development 
and training, community outreach, communica-
tion, and better serving the needs of working 
families through provision of full-day and full- 
year early education services; 
‘‘(B) to work with State agencies responsible 
for education, child care, and early intervention 
to provide leadership and assistance to local 
Head Start programs, local education agencies, 
and State and locally funded preschool and child 
care programs to increase integration among 
early childhood programs through adoption of 
local memoranda of understanding described in 
subparagraph (A) and other means; 
‘‘(C) to work with State agencies responsible 
for education, child care, and early intervention 
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107 
to provide leadership and assistance to develop 
developmentally appropriate standards for chil-
dren birth through the early elementary grades 
to effect a smooth transition to and success in the 
early elementary grades; 
‘‘(D) to develop or conduct periodic State-
wide needs assessments concerning early care 
and education programs for children from birth 
to school entry; 
‘‘(E) to work to identify and address bar-
riers to and opportunities for integration be-
tween entities carrying out Federal and State 
child development, child care, and early child-
hood education programs; 
‘‘(F) to develop recommendations regarding 
means of establishing a unified data collection 
system for early care and education programs 
operating throughout the State; 
‘‘(G) to address coordination of early learn-
ing programs with health care (including mental 
and behavioral health care), welfare, family lit-
eracy and services for homeless children; 
‘‘(H) to support a State system of early 
childhood education, and training and technical 
assistance that improves the quality of early 
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108 
learning programs and the capacity of such pro-
grams to deliver services pursuant to section 
648(b); 
‘‘(I) to develop a plan for increasing the 
participation of children underrepresented in 
State early childhood education and child care 
programs, including Head Start, State preschool 
programs, and programs carried out under the 
Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858 et seq.); 
‘‘(J) developing a Statewide professional de-
velopment and career ladder plan for early care 
and education in the State; and 
‘‘(K) assisting 2- and 4-year public and 
private institutions of higher education to de-
velop articulation agreements concerning degrees 
in early childhood and related fields. 
‘‘(4) Nothing in this subsection shall be construed 
to provide the Early Learning Council with authority 
to modify, supersede, or affect the operation of this 
subchapter. 
‘‘(5) Funds made available under this section 
shall be used to supplement, and not supplant, other 
Federal, State, and local funds that would otherwise 
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109 
be expended to carry out the purposes of this sec-
tion.’’. 
SEC. 11. ADMINISTRATIVE REQUIREMENTS AND STAND-
ARDS. 
Section 644 of the Head Start Act (42 U.S.C. 9839) 
is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.— 
‘‘(1) STANDARDS.—Each Head Start agency 
shall observe standards of organization, management, 
and administration which will ensure, so far as rea-
sonably possible, that all program activities are con-
ducted in a manner consistent with the purposes of 
this subchapter and the objective of providing assist-
ance effectively, efficiently, and free of any taint of 
partisan political bias or personal or family favor-
itism. Each such agency shall establish or adopt rules 
to carry out this section, which shall include rules to 
assure full staff accountability in matters governed by 
law, regulations, or agency policy. Each agency shall 
also provide for reasonable public access to informa-
tion, including public hearings at the request of ap-
propriate community groups and reasonable public 
access to books and records of the agency or other 
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110 
agencies engaged in program activities or operations 
involving the use of authority or funds for which it 
is responsible. 
‘‘(2) ANNUAL REPORT.—Each Head Start agen-
cy shall make available to the public a report pub-
lished at least once in each fiscal year that discloses 
the following information from the then most recently 
concluded fiscal year, except that reporting such in-
formation shall not reveal personally identifiable in-
formation about an individual child or parent: 
‘‘(A) The total amount of public and pri-
vate funds received and the amount from each 
source. 
‘‘(B) An explanation of budgetary expendi-
tures and proposed budget for the following fiscal 
year. 
‘‘(C) The total number of children and fam-
ilies served and percent of average monthly en-
rollment, including the percent of eligible chil-
dren served. 
‘‘(D) The results of the most recent review 
by the Secretary and the financial audit. 
‘‘(E) The percentage of enrolled children 
that received medical and dental exams. 
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111 
‘‘(F) Information about parent involvement 
activities. 
‘‘(G) The agency’s efforts to prepare chil-
dren for kindergarten. 
‘‘(H) Any other information required by the 
Secretary. 
‘‘(3) PROCEDURAL CONDUCT.—Each such agency 
shall adopt for itself and other agencies using funds 
or exercising authority for which it is responsible, 
rules designed to— 
‘‘(A) establish specific standards governing 
salaries, salary increases, travel and per diem 
allowances, and other employee benefits; 
‘‘(B) assure that only persons capable of 
discharging their duties with competence and in-
tegrity are employed and that employees are pro-
moted or advanced under impartial procedures 
calculated to improve agency performance and 
effectiveness; 
‘‘(C) guard against personal or financial 
conflicts of interest; and 
‘‘(D) define employee duties in an appro-
priate manner which will in any case preclude 
employees from participating, in connection with 
the performance of their duties, in any form of 
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112 
picketing, protest, or other direct action which is 
in violation of law.’’, and 
(2) by amending subsection (f) to read as follows: 
‘‘(f) FACILITIES.— 
‘‘(1) The Secretary shall establish uniform proce-
dures for Head Start agencies to request approval to 
purchase facilities, or to request approval of the pur-
chase (after December 31, 1986) of facilities, to be 
used to carry out Head Start programs. The Sec-
retary shall suspend any proceedings pending against 
any Head Start agency to claim costs incurred in 
purchasing such facilities until the agency has been 
afforded an opportunity to apply for approval of the 
purchase and the Secretary has determined whether 
the purchase will be approved. The Secretary shall 
not be required to repay claims previously satisfied 
by Head Start agencies for costs incurred in the pur-
chase of such facilities. 
‘‘(2) Financial assistance provided under this 
subchapter may not be used by a Head Start agency 
to purchase a facility (including paying the cost of 
amortizing the principal and paying interest on 
loans) to be used to carry out a Head Start program 
unless the Secretary approves a request that is sub-
mitted by such agency and contains— 
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113 
‘‘(A) a description of the consultation con-
ducted by the Head Start agency with the pro-
viders in the community demonstrating capacity 
and capability to provide services under this 
subchapter, and of the potential for collaboration 
with such providers and the cost effectiveness of 
such collaboration as opposed to the cost effec-
tiveness of the purchase of a facility; 
‘‘(B) a description of the site of the facility 
proposed to be purchased or that was previously 
purchased; 
‘‘(C) the plans and specifications of such fa-
cility; 
‘‘(D) information demonstrating that— 
‘‘(i) the proposed purchase will result, 
or the previous purchase has resulted, in 
savings when compared to the costs that 
would be incurred to acquire the use of an 
alternative facility to carry out such pro-
gram; or 
‘‘(ii) the lack of alternative facilities 
will prevent, or would have prevented, the 
operation of such program; 
‘‘(E) in the case of a request regarding a 
previously purchased facility, information dem-
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