grant or seasonal farmworker, Indian, or Native Ha-
waiian. 
SEC. 114. POWERS AND FUNCTIONS OF PRIME SPONSORS. 
(a) AUTHORITY.—If an entity has been designated as 
a prime sponsor under this title— 
(1) the entity may receive and administer funds 
under this title, funds and contributions from pri-
vate or local public sources that may be used in sup-
port of a child care and early learning program, and 
funds under a Federal or State assistance program 
related to the provision of child care and early learn-
ing services; 
(2) the entity may transfer funds so received, 
and delegate powers to other agencies, subject to the 
powers of its governing board and its overall pro-
gram responsibilities; 
(3) the entity’s power to transfer funds and del-
egate powers shall include the power to make trans-
fers and delegations for services in all cases where 
the transfers and delegations will contribute to effi-
ciency and effectiveness or otherwise further pro-
gram objectives; and 
(4) the entity may set up a process to negotiate 
wages, benefits, hours, and working conditions of 
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teachers and other staff in the corresponding child 
care and early learning program. 
(b) COMPREHENSIVE
CHILD
CARE
AND
EARLY 
LEARNING PLANS.— 
(1) IN GENERAL.—Financial assistance under 
this title may be provided by the Secretary to an en-
tity that is a prime sponsor designated pursuant to 
section 113 only pursuant to an application in the 
form of a comprehensive child care and early learn-
ing plan which was submitted annually by such enti-
ty and approved by the Secretary in accordance with 
the provisions of this title. 
(2) CONTENTS.—Any such plan shall set forth 
a comprehensive proposal, for providing child care 
and early learning services in the service area, 
which— 
(A) assesses all child care and early learn-
ing needs and goals within the area and the ap-
plicant’s proposal for addressing those needs; 
(B) describes how the entity will provide 
comprehensive health, mental health, education, 
parental or family member involvement, nutri-
tional, social, and other services for the children 
that need child care and early learning services, 
including appropriate screening and referrals 
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for children with challenging behaviors and 
other mental health needs; 
(C) provides that services are full-working- 
day and full calendar year long, and ensures 
that the available hours of services are respon-
sive to the needs of families in the service area, 
including, as appropriate, nonstandard hour 
care; 
(D) describes how the prime sponsor will 
guarantee all children in the service area access 
to the child care and early learning program 
and use funds provided under section 112(a)(1) 
for child care and early learning services; 
(E) describes how the prime sponsor will 
promote children’s mental health, social and 
emotional well-being, and overall health, by pro-
viding supports for positive learning environ-
ments for the children, including— 
(i) strategies for supporting children 
with challenging behaviors and other so-
cial, emotional, and mental health con-
cerns; and 
(ii) teacher training and mental health 
consultations; 
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(F) includes a policy on suspension and ex-
pulsion that— 
(i) prohibits or severely limits the use 
of suspension due to a child’s behavior and 
ensures suspensions are only temporary in 
nature; 
(ii) prohibits expelling or unenrolling 
a child from the program because of the 
child’s behavior; and 
(iii) provides that, in the case of a 
child exhibiting persistent and serious chal-
lenging behaviors, the program provider 
will— 
(I) explore all possible steps and 
document all steps taken to address 
such behaviors; 
(II) make efforts to facilitate the 
child’s safe participation in the pro-
gram; and 
(III) after taking the steps de-
scribed in subclauses (I) and (II), if 
the provider determines, in consulta-
tion with parents and other profes-
sionals, that the program is not the 
most appropriate placement for the 
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child, work with the parents to di-
rectly facilitate the transition of the 
child to a more appropriate place-
ment; 
(G) provides that funds received under sec-
tion 112(a)(1) will be used for a child care and 
early learning program for covered children; 
(H) describes how, in the case of a prime 
sponsor located within or adjacent to a metro-
politan area, the prime sponsor will coordinate 
activities with other prime sponsors located 
within such metropolitan area; 
(I) provides that, to the extent feasible, the 
child care and early learning program will in-
clude children from a range of socioeconomic 
backgrounds, and that children will have access 
to all child care and early learning service pro-
viders in the service area, with priority given to 
the provider preferences stated by the parents 
and family members of low-income children; 
(J) ensures that, where socioeconomic di-
versity of children among providers in the serv-
ice area cannot be achieved, the share of pro-
gram costs not covered through the Federal 
share or program fees does not fall on a single 
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provider or a subset of providers within the 
service area; 
(K) provides that services will be cul-
turally, linguistically, and developmentally ap-
propriate; 
(L) provides that services will take into ac-
count the unique needs of communities, fami-
lies, and children in the service area, including 
low-income children, children with incarcerated 
parents, homeless children, and children who 
are dual language learners; 
(M) describes a system for offering child 
care and early learning options, for facilitating 
the selection of such an option, and for enroll-
ment of children, which may include estab-
lishing and operating a website for families; 
(N) describes how the prime sponsor will 
conduct outreach to all families in the service 
area and referrals, using the appropriate me-
dium for families who speak a language other 
than English; 
(O) provides equitably for the child care 
and early learning needs of all covered children 
within the service area, and promotes equity 
and addresses disparities in the provision of 
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services, including equity and disparities related 
to income, culture, race and ethnicity, language, 
or status as a child of a migrant or seasonal 
farmworker, as a child belonging to an Indian 
tribe, or as a Native Hawaiian child; 
(P) provides, insofar as possible, for co-
ordination of the child care and early learning 
program with other social programs; 
(Q) provides for— 
(i) direct participation of parents, 
family members, and child care and early 
learning program staff, including teachers 
and paraprofessionals, in the conduct of 
overall direction of, decisionmaking for, 
and evaluation of the child care and early 
learning program; and 
(ii) sufficient support for the persons 
described in clause (i) to participate in the 
activities described in clause (i); 
(R) provides to the extent feasible for the 
employment as both professionals and para-
professionals of residents in the service area in 
a way that takes into account the cultural, ra-
cial and ethnic, and linguistic diversity of the 
families served; 
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(S) includes to the extent feasible a career 
development plan for paraprofessional and pro-
fessional training, education, and advancement 
on a career ladder; 
(T) provides that, insofar as possible, per-
sons residing in the service area will receive 
jobs, including in-home and part-time jobs, and 
opportunities for training in programs under 
sections 135 and 136, with special consideration 
for career opportunities for low-income individ-
uals; 
(U) provides for the regular and frequent 
dissemination of information in the language of 
those to be served, to assure that parents, fam-
ily members, and interested persons in the serv-
ice area are fully informed of services available 
through the child care and early learning pro-
gram, and of the activities of the prime spon-
sor’s Child Care and Early Learning Council; 
(V) provides for coordination with adminis-
trators of programs and services that are re-
lated to child care and early learning programs 
and services and that are not funded through 
this title, including programs conducted under 
the auspices of or with the support of business 
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or financial institutions or organizations, indus-
try, labor unions, employee or labor-manage-
ment organizations, or other community groups; 
(W) as applicable, describes any arrange-
ments for the delegation, under the supervision 
of the Child Care and Early Learning Council, 
to public or private agencies or organizations, 
of responsibilities for the delivery of child care 
and early learning services for which financial 
assistance is provided under this title or for 
planning or evaluation services to be made 
available with respect to a child care and early 
learning program under this title; 
(X) contains plans for regularly conducting 
surveys and analyses of needs for the child care 
and early learning program in the service area 
and for submitting to the Secretary a com-
prehensive annual report and evaluation in such 
form and containing such information as the 
Secretary shall require by regulation; 
(Y) provides that— 
(i) services for children with disabil-
ities at the State, tribal, and local levels 
will be available, in the child care and early 
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learning program approved under the plan; 
and 
(ii) formal linkages are in place be-
tween the program and providers of early 
intervention services for infants and tod-
dlers with disabilities; 
(Z) provides assurances satisfactory to the 
Secretary that the non-Federal share require-
ments described in section 112(c) will be met; 
(AA) provides for such fiscal control, fiscal 
staffing, and funding accounting procedures as 
the Secretary may prescribe to assure proper 
disbursement of and accounting for Federal 
funds paid to the prime sponsor; 
(BB) provides that the child care and early 
learning program, or services within the pro-
gram, under this title shall be provided only for 
children whose parents or legal guardians have 
requested the services; 
(CC) sets forth satisfactory provisions for 
establishing, consistent with subsection (d)(1), 
and maintaining a Child Care and Early Learn-
ing Council which meets the requirements of 
subsection (d); 
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(DD) provides verification that the sponsor 
and its delegate providers— 
(i) will recognize and bargain with 
labor unions representing family child care 
home providers, teachers and other staff of 
child care and early learning programs in 
order to meet the requirements set forth in 
section 136 and for other purposes; and 
(ii) will not assist in, promote, or 
deter labor union organizing; 
(EE) provides an annual technical assist-
ance and training plan; 
(FF) provides for collection and reporting 
of program performance data in both an aggre-
gate form and disaggregated by family income, 
culture, race and ethnicity, and primary lan-
guage; 
(GG) documents a written affirmation, 
signed by the appropriate officials from Indian 
tribes or tribal organizations approved by the 
tribes or Native Hawaiian groups, which recog-
nizes that the prime sponsor has engaged in 
timely and meaningful consultation with the ap-
propriate officials from Indian tribes or tribal 
organizations if— 
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(i) a program is being operated on or 
near an Indian reservation, or if more than 
15 percent of children enrolled in the pro-
gram are Indians or Native Hawaiians; 
and 
(ii) the prime sponsor is not an Indian 
tribe or tribal organization; 
(HH) provides that services will be pro-
vided with a holistic and multi-generational ap-
proach that includes promoting the well-being 
of pregnant women and engaging expectant 
parents during prenatal and early months; 
(II) describes how the sponsor will ensure 
that key workplace protections and rights, simi-
lar to the protections and rights specified in the 
National Labor Relations Act (29 U.S.C. 151 
et seq.), are provided; 
(JJ) describes how the sponsor will imple-
ment a process in which, through their labor 
unions, family child care home providers and 
child care and early learning center staff par-
ticipate in a collective process to set wages, ben-
efits, hours, and minimum standards for work-
ing conditions; 
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(KK) describes how the sponsor will ensure 
that family child care home providers, including 
teachers and other staff of family child care 
home providers, and teachers and other staff at 
a child care and early learning center (including 
employees of a delegate provider) are paid com-
pensation that meets the requirements of sec-
tion 136(b); 
(LL) provides that the sponsor will provide 
teachers and other staff with supports that are 
high-quality, research-based, and rooted in 
adult learning theory; 
(MM) provides that the program will be 
accessible to, and that staff will receive training 
on working with, children with disabilities and 
parents with disabilities; and 
(NN) meets any other requirements or 
provides any information the Secretary requires 
by regulation. 
(c) USES.—The Secretary shall provide the financial 
assistance to a prime sponsor, for the planning, conduct, 
administration, and evaluation of a child care and early 
learning program that delivers services in accordance with 
the requirements of the comprehensive child care and early 
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learning plan specified under subsection (b), and for im-
plementing the following activities: 
(1)(A) Provide for family member and commu-
nity involvement, including the involvement of par-
ents, family members, community residents, current 
or future staff of a child care and early learning pro-
gram, and local businesses, in the design and imple-
mentation of the program. 
(B) The prime sponsor shall— 
(i) provide for the involvement in a manner 
that recognizes parents as their children’s pri-
mary teachers and nurturers; and 
(ii) implement intentional strategies to en-
gage parents in their children’s learning and de-
velopment and support parent-child relation-
ships. 
(2) Provide for implementing additional activi-
ties, other than the activities described in paragraph 
(1), that the Secretary determines to be appropriate 
by regulation, which additional activities may in-
clude— 
(A) activities to support family well-being 
related to family safety, health, and economic 
stability, including substance abuse counseling 
(either directly or through referral to local enti-
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ties), which may include providing information 
on the effect of prenatal exposure to drugs and 
alcohol; and 
(B) other activities designed to facilitate a 
partnership in the program with parents in sup-
porting the development and early learning of 
their child, including providing— 
(i) training in basic child care and 
early learning (including cognitive, social, 
and emotional development); 
(ii) assistance in developing adult or 
family literacy and communication skills; 
(iii) opportunities to share experiences 
with other parents (including parent-men-
tor relationships); 
(iv) health services, including informa-
tion on maternal depression; 
(v) regular in-home visitation; or 
(vi) family literacy services. 
(3) Provide, with respect to each participating 
family, a family needs assessment that includes con-
sultation with the parents (including, in this para-
graph, foster parents, grandparents, and kinship 
caregivers, where applicable) in the family’s pre-
ferred language or through an interpreter, to the ex-
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tent practicable, and ensure parents have the oppor-
tunity to share personal information in an environ-
ment in which the parents feel safe. 
(4) Provide to parents of dual language learners 
outreach and information, in an understandable and 
uniform format and, to the extent practicable, in a 
language that the parents can understand. 
(5) Promote the continued partnership in the 
program of the parents (including, in this para-
graph, foster parents, grandparents, and kinship 
caregivers, as appropriate) of children that partici-
pate in child care and early learning programs in the 
education of their children upon transition of their 
children to school, by working with the local edu-
cational agency— 
(A) to implement strategies and activities, 
including providing information and training to 
the parents— 
(i) to help parents advocate for and 
promote successful transitions to kinder-
garten for their children, including helping 
parents continue to be involved in the edu-
cation and development of their child, and 
to help parents understand and prepare to 
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exercise their rights and responsibilities 
concerning the education of their children; 
(ii) in the case of parents with chil-
dren who receive services under section 
619 or part C of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1419, 
1431 et seq.), to collaborate with the par-
ents, and the local agency responsible for 
providing such services, to support the 
children and parents in transitioning to a 
new setting in elementary school; and 
(iii) to prepare parents— 
(I) to understand and work with 
schools in order to communicate with 
teachers and other school personnel; 
(II) to continue to support their 
children’s learning, in an elementary 
school setting; and 
(III) to participate as appro-
priate in decisions relating to the edu-
cation of their children and advocate 
for their children’s needs; and 
(B) to advocate for the local educational 
agency to ensure that schools have a process in 
place to take other actions, as appropriate and 
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feasible, to support the active involvement of 
the parents with schools, school personnel, and 
school-related organizations. 
(6) Establish effective procedures for timely re-
ferral of children with disabilities to the State or 
local agency providing services under section 619 or 
part C of the Individuals with Disabilities Education 
Act (20 U.S.C. 1419, 1431 et seq.), and collabora-
tion with that agency. 
(7) Establish effective procedures— 
(A) for providing necessary early interven-
tion services and special education and related 
services to children with developmental delays 
and disabilities prior to an eligibility determina-
tion by the State or local agency responsible for 
providing services under section 619 or part C 
of such Act; and 
(B) in the case of a child for whom an 
evaluation determines that the child is not eligi-
ble for early intervention services or special 
education and related services under the Indi-
viduals with Disabilities Education Act (20 
U.S.C. 1400), but who has a documented sig-
nificant delay, for partnering with parents to 
help the parents access services and supports to 
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