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.S. 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-
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-
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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-
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, 
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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 
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-
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emcdonald on DSK67QTVN1PROD with BILLS
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 
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 
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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 
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; 
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(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-
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) masters degree programs; and 
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(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; 
(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 
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emcdonald on DSK67QTVN1PROD with BILLS
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. 
(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-
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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-
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-
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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 
(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; 
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(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. 
(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— 
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