SEC. 9212.
PRESCHOOL DEVELOPMENT GRANTS
Section Summary
ESSA Update
SEC. 9212. <<NOTE: 42 USC 9831 note.>> PRESCHOOL DEVELOPMENT
GRANTS.
(a) Purposes.--The purposes of this section are--
(1) to assist States to develop, update, or implement a
strategic plan that facilitates collaboration and coordination
among existing programs of early childhood care and education in
a mixed delivery system across the State designed to prepare
low-income and disadvantaged children to enter kindergarten and
to improve transitions from such system into the local
educational agency or elementary school that enrolls such
children, by--
(A) more efficiently using existing Federal, State,
local, and non-governmental resources to align and
strengthen the delivery of existing programs;
(B) coordinating the delivery models and funding
streams existing in the State's mixed delivery system;
and
(C) developing recommendations to better use
existing resources in order to improve--
(i) the overall participation of children in a
mixed delivery system of Federal, State, and local
early childhood education programs;
(ii) program quality while maintaining
availability of services;
(iii) parental choice among existing programs;
and
(iv) school readiness for children from low-
income and disadvantaged families, including
during such children's transition into elementary
school;
(2) to encourage partnerships among Head Start providers,
State and local governments, Indian tribes and tribal
organizations, private entities (including faith- and community-
based entities), and local educational agencies, to improve
coordination, program quality, and delivery of services; and
(3) to maximize parental choice among a mixed delivery
system of early childhood education program providers.
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(b) Definitions.--In this section:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', and ``State'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965.
(2) Center of excellence in early childhood.--The term
``Center of Excellence in Early Childhood'' means a Center of
Excellence in Early Childhood designated under section 657B(b)
of the Head Start Act (42 U.S.C. 9852b(b)).
(3) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(4) Existing program.--The term ``existing program'' means a
Federal, State, local, or privately-funded early childhood
education program that--
(A) was operating in the State on the day before the
date of enactment of this Act; or
(B) began operating in the State at any time on or
after the date of enactment of this Act through funds
that were not provided by a grant under this section.
(5) Mixed delivery system.--The term ``mixed delivery
system'' means a system--
(A) of early childhood education services that are
delivered through a combination of programs, providers,
and settings (such as Head Start, licensed family and
center-based child care programs, public schools, and
community-based organizations); and
(B) that is supported with a combination of public
funds and private funds.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State advisory council.--The term ``State Advisory
Council'' means a State Advisory Council on Early Childhood
Education and Care designated or established under section
642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)).
(c) Grants Authorized.--
(1) In general.--From amounts made available under
subsection (k), the Secretary, jointly with the Secretary of
Education, shall award grants to States to enable the States to
carry out the activities described in subsection (f).
(2) Award basis.--Grants under this subsection shall be
awarded--
(A) on a competitive basis; and
(B) with priority for States that meet the
requirements of subsection (e)(3).
(3) Duration of grants.--A grant awarded under paragraph (1)
shall be for a period of not more than 1 year and may be renewed
by the Secretary, jointly with the Secretary of Education, under
subsection (g).
(4) Matching requirement.--Each State that receives a grant
under this section shall provide funds from non-Federal sources
(which may be provided in cash or in kind) to carry out the
activities supported by the grant, in an amount equal to not
less than 30 percent of the amount of such grant.
(d) Initial Application.--A State desiring a grant under subsection
(c)(1) shall submit an application at such time and in such
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manner as the Secretary may reasonably require. The application shall
contain--
(1) an identification of the State entity that the Governor
of the State has appointed to be responsible for duties under
this section;
(2) a description of how such State entity proposes to
accomplish the activities described in subsection (f) and meet
the purposes of this section described in subsection (a),
including--
(A) a timeline for strategic planning activities;
and
(B) a description of how the strategic planning
activities and the proposed activities described in
subsection (f) will increase participation of children
from low-income and disadvantaged families in high-
quality early childhood education and preschool programs
as a result of the grant;
(3) a description of the Federal, State, and local existing
programs in the State for which such State entity proposes to
facilitate activities described in subsection (f), including--
(A) programs carried out under the Head Start Act
(42 U.S.C. 9801 et seq.), including the Early Head Start
programs carried out under such Act;
(B) child care programs carried out under the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) or section 418 of the Social Security Act
(42 U.S.C. 618); and
(C) other Federal, State, and local programs of
early learning and development, early childhood
education, and child care, operating in the State
(including programs operated by Indian tribes and tribal
organizations and private entities, including faith- and
community-based entities), as of the date of the
application for the grant;
(4) a description of how the State entity, in collaboration
with Centers of Excellence in Early Childhood, if appropriate,
will provide technical assistance and disseminate best
practices;
(5) a description of how the State plans to sustain the
activities described in, and carried out in accordance with,
subsection (f) with non-Federal sources after grant funds under
this section are no longer available, if the State plans to
continue such activities after such time; and
(6) a description of how the State entity will work with the
State Advisory Council and Head Start collaboration offices.
(e) Review Process.--The Secretary shall review the applications
submitted under subsection (d) to--
(1) determine which applications satisfy the requirements of
such subsection;
(2) confirm that each State submitting an application has,
as of the date of the application, a mixed delivery system in
place; and
(3) determine if a priority is merited in accordance with
subsection (c)(2)(B) because the State has never received--
(A) a grant under subsection (c); or
(B) a preschool development grant for development or
expansion under such program as it existed on the day
before the date of enactment of this Act.
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(f) Use of Funds.--A State, acting through the State entity
appointed under subsection (d)(1), that receives a grant under
subsection (c)(1) shall use the grant funds for all of the following
activities:
(1) Conducting a periodic statewide needs assessment of--
(A) the availability and quality of existing
programs in the State, including such programs serving
the most vulnerable or underserved populations and
children in rural areas;
(B) to the extent practicable, the unduplicated
number of children being served in existing programs;
and
(C) to the extent practicable, the unduplicated
number of children awaiting service in such programs.
(2) Developing a strategic plan that recommends
collaboration, coordination, and quality improvement activities
(including activities to improve children's transition from
early childhood education programs into elementary schools)
among existing programs in the State and local educational
agencies. Such plan shall include information that--
(A) identifies opportunities for, and barriers to,
collaboration and coordination among existing programs
in the State, including among State, local, and tribal
(if applicable) agencies responsible for administering
such programs;
(B) recommends partnership opportunities among Head
Start providers, local educational agencies, State and
local governments, Indian tribes and tribal
organizations, and private entities (including faith-
and community-based entities) that would improve
coordination, program quality, and delivery of services;
(C) builds on existing plans and goals with respect
to early childhood education programs, including
improving coordination and collaboration among such
programs, of the State Advisory Council while
incorporating new or updated Federal, State, and local
statutory requirements, including--
(i) the requirements of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.); and
(ii) when appropriate, information found in
the report required under section 13 of the Child
Care and Development Block Grant Act of 2014
(Public Law 113-186; 128 Stat. 2002); and
(D) describes how accomplishing the activities
described in subparagraphs (A) through (C) will better
serve children and families in existing programs and how
such activities will increase the overall participation
of children in the State.
(3) Maximizing parental choice and knowledge about the
State's mixed delivery system of existing programs and providers
by--
(A) ensuring that parents are provided information
about the variety of early childhood education programs
for children from birth to kindergarten entry in the
State's mixed delivery system; and
(B) promoting and increasing involvement by parents
and family members, including families of low-income and
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disadvantaged children, in the development of their
children and the transition of such children from an
early childhood education program into an elementary
school.
(4) Sharing best practices among early childhood education
program providers in the State to increase collaboration and
efficiency of services, including to improve transitions from
such programs to elementary school.
(5) After activities described in paragraphs (1) and (2)
have been completed, improving the overall quality of early
childhood education programs in the State, including by
developing and implementing evidence-based practices that meet
the requirements of section 8101(21)(A)(i) of the Elementary and
Secondary Education Act of 1965, to improve professional
development for early childhood education providers and
educational opportunities for children.
(g) Renewal Grants.--
(1) In general.--The Secretary, jointly with the Secretary
of Education, may use funds available under subsection (k) to
award renewal grants to States described in paragraph (2) to
enable such States to continue activities described in
subsection (f) and to carry out additional activities described
in paragraph (6).
(2) Eligible states.--A State shall be eligible for a grant
under paragraph (1) if--
(A) the State has received a grant under subsection
(c)(1) and the grant period has concluded; or
(B)(i) the State has received a preschool
development grant for development or expansion under
such program as it existed on the day before the date of
enactment of this Act, and the grant period for such
grant has concluded; and
(ii) the Secretary allows such State to apply
directly for a renewal grant under this subsection,
rather than an initial grant under subsection (c)(1),
and the State submits with its application the needs
assessment completed under the preschool development
grant (updated as necessary to reflect the needs of the
State as of the time of the application) in place of the
activity described in subsection (f)(1).
(3) Duration of grants.--A grant awarded under this
subsection shall be for a period of not more than 3 years and
shall not be renewed.
(4) Matching requirement.--Each State that receives a grant
under this subsection shall provide funds from non-Federal
sources (which may be provided in cash or in kind) to carry out
the activities supported by the grant, in an amount equal to not
less than 30 percent of the amount of the grant.
(5) Application.--A State described in paragraph (2) that
desires a grant under this subsection shall submit an
application for renewal at such time and in such manner as the
Secretary may reasonably require. The application shall
contain--
(A) applicable information required in the
application described in subsection (d), and in the case
of a State described in paragraph (2)(A), updated as the
State determines necessary;
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(B) in the case of a State described in paragraph
(2)(A), a description of how funds were used for the
activities described in subsection (f) in the initial
grant period and the extent to which such activities
will continue to be supported in the renewal period;
(C) in the case of a State described in paragraph
(2)(B), how a needs assessment completed prior to the
date of the application, such as the needs assessment
completed under the preschool development grant program
(as such program existed prior to the date of enactment
of this Act), and updated as necessary in accordance
with paragraph (2)(B)(ii), will be sufficient
information to inform the use of funds under this
subsection, and a copy of such needs assessment;
(D) a description of how funds will be used for the
activities described in paragraph (6) during the renewal
grant period, if the State proposes to use grant funds
for such activities; and
(E) in the case of a State that proposes to carry
out activities described in paragraph (6) and to
continue such activities after grant funds under this
subsection are no longer available, a description of how
such activities will be sustained with non-Federal
sources after such time.
(6) Additional activities.--
(A) In general.--Each State that receives a grant
under this subsection may use grant funds to award
subgrants to programs in a mixed delivery system across
the State designed to benefit low-income and
disadvantaged children prior to entering kindergarten,
to--
(i)(I) enable programs to implement activities
addressing areas in need of improvement as
determined by the State, through the use of funds
for the activities described in paragraph (5)(C)
or subsection (f), as applicable; and
(II) as determined through the activities
described in paragraph (5)(C) or subsection (f),
as applicable, expand access to such existing
programs; or
(ii) develop new programs to address the needs
of children and families eligible for, but not
served by, such programs, if the State ensures
that--
(I) the distribution of subgrants
under this subparagraph supports a mixed
delivery system; and
(II) funds made available under this
subparagraph will be used to supplement,
and not supplant, any other Federal,
State, or local funds that would
otherwise be available to carry out the
activities assisted under this section.
(B) Priority.--In awarding subgrants under
subparagraph (A), a State shall prioritize activities to
improve areas in which there are State-identified needs
that would improve services for low-income and
disadvantaged children living in rural areas.
(C) Special rule.--A State receiving a renewal grant
under this subsection that elects to award subgrants
under subparagraph (A) shall not--
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(i) for the first year of the renewal grant,
use more than 60 percent of the grant funds
available for such year to award such subgrants;
and
(ii) for each of the second and third years of
the renewal grant, use more than 75 percent of the
grant funds available for such year to award such
subgrants.
(h) State Reporting.--
(1) Initial grants.--A State that receives an initial grant
under subsection (c)(1) shall submit a final report to the
Secretary not later than 6 months after the end of the grant
period. The report shall include a description of--
(A) how, and to what extent, the grant funds were
utilized for activities described in subsection (f), and
any other activities through which funds were used to
meet the purposes of this section, as described in
subsection (a);
(B) strategies undertaken at the State level and, if
applicable, local or program level, to implement
recommendations in the strategic plan developed under
subsection (f)(2);
(C)(i) any new partnerships among Head Start
providers, State and local governments, Indian tribes
and tribal organizations, and private entities
(including faith- and community-based entities); and
(ii) how these partnerships improve coordination and
delivery of services;
(D) if applicable, the degree to which the State
used information from the report required under section
13 of the Child Care and Development Block Grant Act of
2014 to inform activities under this section, and how
this information was useful in coordinating, and
collaborating among, programs and funding sources;
(E) the extent to which activities funded by the
initial grant led to the blending or braiding of other
public and private funding;
(F) how information about available existing
programs for children from birth to kindergarten entry
was disseminated to parents and families, and how
involvement by parents and family was improved; and
(G) other State-determined and voluntarily provided
information to share best practices regarding early
childhood education programs and the coordination of
such programs.
(2) Renewal grants.--A State receiving a renewal grant under
subsection (g) shall submit a follow-up report to the Secretary
not later than 6 months after the end of the grant period that
includes--
(A) information described in subparagraphs (A)
through (G) of paragraph (1), as applicable and updated
for the period covered by the renewal grant; and
(B) if applicable, information on how the State was
better able to serve children through the distribution
of funds in accordance with subsection (g)(5), through--
(i) a description of the activities conducted
through the use of subgrant funds, including,
where appropriate, measurable areas of program
improvement and better use of existing resources;
and
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(ii) best practices from the use of subgrant
funds, including how to better serve the most
vulnerable, underserved, and rural populations.
(i) Rules of Construction.--
(1) Limitations on federal interference.--Nothing in this
section shall be construed to authorize the Secretary or the
Secretary of Education to establish any criterion for grants
made under this section that specifies, defines, or prescribes--
(A) early learning and development guidelines,
standards, or specific assessments, including the
standards or measures that States use to develop,
implement, or improve such guidelines, standards, or
assessments;
(B) specific measures or indicators of quality early
learning and care, including--
(i) the systems that States use to assess the
quality of early childhood education programs and
providers, school readiness, and achievement; and
(ii) the term ``high-quality'' as it relates
to early learning, development, or care;
(C) early learning or preschool curriculum, programs
of instruction, or instructional content;
(D) teacher and staff qualifications and salaries;
(E) class sizes and ratios of children to
instructional staff;
(F) any new requirement that an early childhood
education program is required to meet that is not
explicitly authorized in this section;
(G) the scope of programs, including length of
program day and length of program year; and
(H) any aspect or parameter of a teacher, principal,
other school leader, or staff evaluation system within a
State, local educational agency, or early childhood
education program.
(2) Limitation on governmental requirements.--Nothing in
this section shall be construed to authorize the Secretary,
Secretary of Education, the State, or any other governmental
agency to alter requirements for existing programs for which
coordination and alignment activities are recommended under this
section, or to force programs to adhere to any recommendations
developed through this program. The Secretary, Secretary of
Education, State, or other governmental agency may only take an
action described in the preceding sentence as otherwise
authorized under Federal, State, or local law.
(3) Secretary of education.--Nothing in this section shall
be construed to authorize the Secretary of Education to have
sole decision-making or regulatory authority in carrying out the
program authorized under this section.
(j) Planning and Transition.--
(1) In general.--The recipient of an award for a preschool
development grant for development or expansion under such
program as it existed on the day before the date of enactment of
this Act may continue to receive funds in accordance with the
terms of such existing award.
(2) Transition.--The Secretary, jointly with the Secretary
of Education, shall take such steps as are necessary to ensure
an orderly transition to, and implementation of, the program
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under this section from the preschool development grants for
development or expansion program as such program was operating
prior to the date of enactment of this Act, in accordance with
subsection (k).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $250,000,000 for each of fiscal years 2017 through 2020.
NCLB Text
Previously not included in NCLB.
