Calendar No. 258
109th CONGRESS
1st Session
H. R. 2123
IN THE SENATE OF THE UNITED STATES
October 25, 2005
Read twice and placed on the calendar
AN ACT
To reauthorize the Head Start Act to improve the school readiness
of disadvantaged children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `School Readiness Act of 2005'.
SEC. 2. PURPOSE.
Section 636 of the Head Start Act (42 U.S.C. 9831) is amended to read as
follows:
`SEC. 636. STATEMENT OF PURPOSE.
`It is the purpose of this subchapter to promote school readiness by enhancing
the development of low-income children, including development of cognitive
abilities, through educational instruction in prereading skills, premathematics
skills, language, and social and emotional development linked to school
readiness and through the provision to low-income children and their families
of health, educational, nutritional, social and other services that are
determined, based on family needs assessments, to be necessary.'.
SEC. 3. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is amended--
(1) in paragraph (17) by striking `, but for fiscal years' and all that
follows down to the period;
(2) by redesignating paragraphs (16) and (17) as paragraphs (23) and (24),
respectively;
(3) by redesignating paragraph (15) as paragraph (21);
(4) by redesignating paragraphs (11) through (14) as paragraphs (16) through
(19), respectively;
(5) by redesignating paragraph (10) as paragraph (14);
(6) by redesignating paragraphs (3) through (9) as paragraphs (6) through
(12), respectively;
(7) by redesignating paragraph (2) as paragraph (4);
(8) by inserting after paragraph (1) the following:
`(2) The term `challenging State developed academic content standards'
has the meaning given such term in paragraphs (1) and (5) of section 1111(b)
of the Elementary and Secondary Education Act of 1965.
`(3) The term `deficiency' means--
`(A) systemic or significant failure of a Head Start agency in an area
of performance that the Secretary determines involves--
`(i) a threat to the health, safety, or civil rights of children or
staff;
`(ii) a denial to parents of the exercise of their full roles and
responsibilities related to program governance;
`(iii) a failure to perform the requirements of section 641A(a), as
determined by the Secretary;
`(iv) the misuse of funds received under this subchapter;
`(v) loss of legal status (as determined by the Secretary) or financial
viability, loss of permits, debarment from receiving Federal grants
or contracts, or the improper use of Federal funds; or
`(vi) failure to meet any other Federal or State requirement;
`(B) failure of the board of directors of a Head Start agency to fully
exercise its legal and fiduciary responsibilities;
`(C) failure of a Head Start agency to meet the administrative requirements
of section 644(b); or
`(D) failure of a Head Start agency to meet the integration requirements
of section 642B(a).';
(9) by inserting after paragraph (4), as so redesignated, the following:
`(5) The term `eligible entities' means an institution of higher education
or other agency with expertise in delivering training in early childhood
development, family support, and other assistance designed to improve
the quality of early childhood education programs.';
(10) by inserting after paragraph (12), as so redesignated, the following:
`(13) The term `homeless children' has the meaning given such term in
subtitle B of title VII of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11431-11435).';
(11) by inserting after paragraph (14), as so redesignated, the following:
`(15) LIMITED ENGLISH PROFICIENT; LIMITED ENGLISH PROFICIENCY- The terms
`limited English proficient' and `limited English proficiency' mean with
respect to an individual, that such individual--
`(A)(i) was not born in the United States or has a native language that
is not English;
`(ii)(I) is a Native American, an Alaska Native, or a native resident
of a territory or possession of the United States; and
`(II) comes from an environment in which a language that is not English
has had a significant impact on such individual's level of English language
proficiency; or
`(iii) is migratory, has a native language that is not English, and
comes from an environment in which a language that is not English is
dominant; and
`(B) has difficultly in speaking or understanding the English language
to an extent that may be sufficient to deny such individual--
`(i) the ability to successfully achieve in classrooms in which the
language of instruction is English; or
`(ii) the opportunity to fully participate in society.';
(12) by inserting after paragraph (19), as so redesignated, the following:
`(20) PROFESSIONAL DEVELOPMENT- The term `professional development' means
high quality activities that will enhance the school readiness of eligible
children and prevent such children from encountering difficulties once
they enter school by improving the knowledge and skills of Head Start
teachers and staff, as relevant to their roles and functions, including
activities that--
`(A) provide teachers with the content knowledge and teaching strategies
needed to provide effective instruction and other school readiness services
in early language and literacy, early mathematics, cognitive skills,
approaches to learning, creative arts, science, physical health and
development, and social and emotional development linked to school readiness;
`(B) assist teachers in meeting the requirements in paragraphs (1) and
(2) of section 648A(a), as appropriate;
`(C) improve teachers' classroom management skills, as appropriate;
`(D) for teachers, are sustained, intensive, and classroom-focused in
order to have a positive and lasting impact on classroom instruction
and teachers' performance in the classroom;
`(E) are not primarily 1-day or short-term workshops or conferences,
and attendance at activities that are 1-day or short-term workshops
or conferences must be as part of the professional development plan
defined in section 648A(f);
`(F) assist teachers and staff in increasing their knowledge and skills
in program administration, program quality, and the provision of services
and instruction, as appropriate, in a manner that improves service delivery
to eligible children and families;
`(G) are part of a sustained effort to improve overall program quality
and outcomes for eligible children and families;
`(H) advance teacher understanding of effective instructional strategies
that are--
`(i) based on scientifically based research; and
`(ii) strategies for improving school readiness or substantially increasing
the knowledge and teaching skills of teachers;
`(I) are, where applicable, aligned with and directly related to--
`(i) challenging State academic content standards, student academic
achievement standards, assessments, and the Head Start Child Outcomes
Framework developed by the Secretary; and
`(ii) the curricula, ongoing assessments, and other instruction and
services designed to help meet the standards described in section
641A(a)(1);
`(J) are developed or selected with extensive participation of administrators
and teachers from Head Start programs;
`(K) are developmentally appropriate for the children being served;
`(L) are designed to give teachers of limited English proficient children,
and other teachers and instructional staff, the knowledge and skills
to provide instruction and appropriate language and support services
to increase the English language skills of such children, as appropriate;
`(M) as a whole, are regularly evaluated for their impact on increased
teacher and staff effectiveness and improved ability of teachers to
support learning and increase participating children's school readiness,
with the findings of the evaluations used to improve the quality of
professional development;
`(N) provide instruction in methods of teaching children with special
needs, as appropriate;
`(O) include instruction in ways that Head Start personnel may work
more effectively with parents, as appropriate; and
`(P) are designed to give teachers and staff the knowledge and skills
to provide instruction and appropriate support services to children
of diverse backgrounds, as appropriate.';
(13) by inserting after paragraph (21), as so redesignated, the following:
`(22) The term `scientifically based research'--
`(A) means research that involves the application of rigorous, systematic
and objective procedures to obtain reliable and valid knowledge relevant
to education activities and programs; and
`(B) includes research that--
`(i) employs systematic, empirical methods that draw on observation
or experiment;
`(ii) involves rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn;
`(iii) relies on measurements or observational methods that provide
reliable and valid data across evaluators and observers, across multiple
measurements and observations, and across studies by the same or different
investigators;
`(iv) is evaluated using experimental or quasi-experimental designs
in which individuals, entities, programs or activities are assigned
to different conditions and with appropriate controls to evaluate
the effects of the condition of interest, with a preference for random
assignment experiments, or other designs to the extent that those
designs contain within-condition or across-condition controls;
`(v) ensures that experimental studies are presented in sufficient
detail and clarity to allow for replication or, at a minimum, offer
the opportunity to build systematically on their findings; and
`(vi) has been accepted by a peer-reviewed journal or approved by
a panel of independent experts through a comparably rigorous, objective,
and scientific review.'; and
(14) by inserting after paragraph (24), as so redesignated, the following:
`(25) The term `State educational agency' has the meaning given such term
in the Elementary and Secondary Education Act of 1965.
`(26) The term `unresolved area of noncompliance' means a failure to correct
a noncompliance item within 90 days, or within such additional time (if
any) authorized by the Secretary, after receiving from the Secretary notice
of such noncompliance item.
`(27) The term `auditor' means a certified public accountant or a Federal,
State, or local government audit organization, which meets the general
standards specified in generally accepted government auditing standards.'.
SEC. 4. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is amended by inserting
`for a period of 5 years' after `provide financial assistance to such agency'.
SEC. 5. AUTHORIZATION.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to read as
follows:
`SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There are authorized to be appropriated for carrying out
the provisions of this subchapter $6,899,000,000 for the fiscal year 2006
and such sums as may be necessary for the fiscal years 2007 through 2011.
`(b) SPECIFIC PROGRAMS- From the amount appropriated under subsection (a),
the Secretary shall make available not more than $20,000,000 for fiscal
year 2006, and such sums as may be necessary for fiscal years 2007 through
2011 to carry out such other research, demonstration, and evaluation activities,
including longitudinal studies, under section 649, of which not more than
$7,000,000 for each of the fiscal years 2006 through 2011 to carry out impact
studies under section 649(g).'.
SEC. 6. ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE.
(a) ALLOTMENTS- Section 640(a) of the Head Start Act (42 U.S.C. 9835(a))
is amended--
(A) by amending subparagraph (A) to read as follows:
`(A) Indian Head Start programs, services for children with disabilities,
and migrant and seasonal Head Start programs, except that--
`(i) there shall be made available for each fiscal year for use by
Indian Head Start programs and by migrant and seasonal Head Start
programs, on a nationwide basis, not less than the amount that was
obligated for use by Indian Head Start programs and by migrant and
seasonal Head Start programs for fiscal year 2005 (including under
any decision made by the Secretary under clause (ii) or (iv));
`(ii) migrant and seasonal Head Start programs shall receive at least
5 percent of the amount appropriated for such fiscal year until such
time as the Secretary can make funding decisions to ensure access
to funding for eligible children of migrant and seasonal farmworkers
is comparable to access to funding for other eligible children based
on the data collected and reported pursuant to section 648(i), except
that no future reduction in funding shall result in the termination
of Head Start services provided to any eligible child 3 years of age
or older who is participating in any such program on the date a reduction
in funding occurs, and shall, to the extent possible, continue participation
for children less than 3 years of age receiving services prior to
such reduction in funding; and
`(iii) Indian Head Start programs shall receive at least 3.5 percent
of the amount appropriated for such fiscal year until such time as
the Secretary can make funding decisions to ensure access to funding
for eligible Indian children is comparable to access to funding for
other eligible children based on the data collected, and in accordance
with the requirements of, section 648(i), except that no future reduction
in funding shall result in the termination of Head Start services
provided to any eligible child 3 years of age or older who is participating
in any such program on the date a reduction in funding occurs, and
shall, to the extent possible, continue participation for children
less than 3 years of age receiving services prior to such reduction
in funding;'; and
(B) by amending subparagraph (B) to read as follows:
`(B) payments, subject to paragraph (7) to Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and the Virgin Islands of the United
States, and subject to the requirements of section 105(f)(1)(B)(ix) of
Public Law 108-188 to Palau;';
(C) by amending (C) to read as follows:
`(C) training and technical assistance activities to foster program quality
and management improvement as described in section 648, in an amount for
each fiscal year which is equal to 2 percent of the amount appropriated
for such fiscal year, of which--
`(i) not less than 50 percent shall be made available to local Head
Start agencies to make program improvements identified by such agencies
and comply with the standards described in section 641A(a)(1), of which
not less than 50 percent shall be used to comply with the standards
described in section 641A(a)(1)(B) and for the uses described in clauses
(iii), (iv), and (vii) of subsection (a)(3)(B);
`(ii) not less than 20 percent shall be made available to support a
State system of early childhood education training and technical assistance,
including the State Early Learning Council described in section 642B(b);
`(iii) not less than 30 percent shall be made available to the Secretary
to assist local programs in meeting the standards described in section
641A(a)(1) and shall be allocated to address program weaknesses identified
by monitoring activities conducted by the Secretary under section 641A(c);
and
`(iv) not less than $3,000,000 of the amount in clause (iii) appropriated
for such fiscal year shall be made available to carry out activities
described in section 648(d)(4);'; and
(D) by striking the last sentence.
(A) in subparagraph (A)--
(i) in clause (i)(I) by striking `year 1999' and all that follows
down to the semicolon and inserting `years 2006 through 2011'; and
(ii) by adding at the end the following:
`(iii) After the reservation of amounts under paragraph (2) and the 60 percent
amount referred to in subparagraph (A) of this paragraph, a portion of the
remaining funds shall be made available--
`(I) to expand services to underserved populations, such as children receiving
services under Early Head Start programs and under migrant and seasonal
Head Start programs; and
`(II) to increase funding to grantees with full enrollment and whose aggregate
amount of financial assistance provides funding per child that is below
the national average.';
(B) by amending subparagraph (B) to read as follows:
`(B) Funds reserved under this paragraph (in this paragraph referred to
as `quality improvement funds') shall be used to accomplish the following
goals:
`(i) Ensuring that Head Start programs meet or exceed standards pursuant
to section 641A(a)(1).
`(ii) Ensuring that such programs have adequate numbers of qualified staff,
and that such staff is furnished adequate training, including developing
skills to promote the development of language skills, premathematic skills,
and prereading in young children and in working with children with limited
English proficiency, children referred by child welfare services, and
children with disabilities, when appropriate.
`(iii) Developing and financing the salary scales described under section
644(a)(3) and section 653, in order to ensure that salary levels and benefits
are adequate to attract and retain qualified staff for such programs.
`(iv) Using salary increases--
`(I) to assist with the implementation of quality programs and improve
staff qualifications;
`(II) to ensure that staff can promote the language skills and literacy
growth of children and can provide children with a variety of skills
that have been identified, through scientifically based early reading
research, as predictive of later reading achievement; and
`(III) to encourage the staff to continually improve their skills and
expertise by informing the staff of the availability of Federal and
State incentive and loan forgiveness programs for professional development.
`(v) Improving community-wide strategic planning and needs assessments
for such programs and collaboration efforts for such programs, including
collaborations to increase program participation by underserved populations
of eligible children.
`(vi) Ensuring that the physical environments of Head Start programs are
conducive to providing effective program services to children and families,
and are accessible to children with disabilities and their parents.
`(vii) Ensuring that such programs have qualified staff that can promote
language skills and literacy growth of children and that can provide children
with a variety of skills that have been identified, through scientifically
based reading research, as predictive of later reading achievement.
`(viii) Providing assistance to complete postsecondary course work including
scholarships or other financial incentives, such as differential and merit
pay, to enable Head Start teachers to improve competencies and the resulting
child outcomes.
`(ix) Upgrading the qualifications and skills of educational personnel
to meet the professional standards established under section 648A(a)(1),
including certification and licensure as bilingual education teachers
and other educational personnel who serve limited English proficient children.
`(x) Promoting the regular attendance and stability of all children participating
in Head Start programs, with particular attention to highly mobile children,
including children from migrant and seasonal farm worker families (if
appropriate), homeless children, and children in foster care.
`(xi) Making such other improvements in the quality of such programs as
the Secretary may designate.'; and
(C) by amending subparagraph (C) to read as follows:
`(C) Quality improvement funds shall be used to carry out the activities
in any or all of the following clauses:
`(i)(I) Not less than one-half of the amount reserved under this paragraph,
to improve the compensation (including benefits) of classroom teachers
and other staff of Head Start agencies providing instructional services
and thereby enhancing recruitment and retention of qualified staff, including
recruitment and retention pursuant to achieving the requirements set forth
in section 648A(a). The expenditure of funds under this clause shall be
subject to section 653. Salary increases, in excess of cost-of-living
allowance, provided with such funds shall be subject to the specific standards
governing salaries and salary increases established pursuant to section
644(a).
`(II) If a Head Start agency certifies to the Secretary for such fiscal
year that part of the funds set aside under subclause (I) to improve wages
cannot be expended by such agency to improve wages because of the operation
of section 653, then such agency may expend such part for any of the uses
specified in this subparagraph (other than wages).
`(III) From the remainder of the amount reserved under this paragraph
(after the Secretary carries out subclause (I)), the Secretary may carry
out the activities described in clauses (ii) through (vii).
`(ii) To train classroom teachers and other staff to meet the education
standards described in section 641A(a)(1)(B), through activities--
`(I) to promote children's language and prereading growth, through techniques
identified through scientifically based reading research;
`(II) to promote the acquisition of the English language for limited
English proficient children and families, while ensuring that children
are making meaningful progress in attaining the knowledge, skills, abilities,
and development described in section 641A(a)(1)(B);
`(III) to foster children's school readiness through activities described
in section 648A(a)(1); and
`(IV) to provide education and training necessary to improve the qualifications
of Head Start staff, particularly assistance to enable more instructors
to be fully competent and to meet the degree requirements under section
648A(a)(2)(A), and to support staff training, child counseling, and
other services necessary to address the challenges of children participating
in Head Start programs, including children from immigrant, refugee,
and asylee families, children from families in crisis, children who
experience chronic violence in their communities, children who experience
substance abuse in their families, and children with emotional and behavioral
problems.
`(iii) To employ additional Head Start staff, including staff necessary
to reduce the child-staff ratio, lead instructors who meet the qualifications
of section 648A(a) and staff necessary to coordinate a Head Start program
with other services available to children participating in such program
and to their families.
`(iv) To pay costs incurred by Head Start agencies to purchase insurance
(other than employee benefits) and thereby maintain or expand Head Start
services.
`(v) To supplement amounts provided under paragraph (2)(C) to provide
training necessary to improve the qualifications of the staff of the Head
Start agencies, and to support staff training, child counseling, and other
services necessary to address the problems of children participating in
Head Start programs, including children from dysfunctional families, children
who experience chronic violence in their communities, and children who
experience substance abuse in their families.
`(vi) To conduct outreach to homeless families in an effort to increase
the program participation of homeless children.
`(vii) To conduct outreach to migrant and seasonal farm-working families
and families with children with a limited English proficiency.
`(viii) Such other activities as the Secretary may designate.';
(3) in paragraph (4) by striking `1998' in subparagraph (A) and inserting
`2005';
(4) in paragraph (5) by amending subparagraphs (A), (B), and (C) to read
as follows:
`(A) From amounts reserved and allotted pursuant to paragraph (4), the Secretary
shall award the collaboration grants described in subparagraphs (B) and
(D).
`(B) From the reserved sums in paragraph (4), the Secretary shall award
a collaboration grant to any State that submits a written request. Such
grant shall be equal to the amount the State received under this paragraph
for such activity for fiscal year 2005. Such grant shall be used by the
State to facilitate collaboration regarding activities carried out in the
State under this subchapter, and other activities carried out in and by
the State that are designed to benefit low-income children and families
and to encourage Head Start agencies to collaborate with entities involved
in State and local planning processes (including the State lead agency administering
the financial assistance under the Child Care and Development Block Grant
Act of 1990 and the entities that provide child care resource and referral
services in the State) in order to better meet the needs of low-income children
and their families.
`(C) In order to improve results for children, a State that receives a grant
under subparagraph (B) shall appoint an individual to serve as the State
Director of Head Start Collaboration to be a liaison between the appropriate
regional office of the Administration for Children and Families and agencies
carrying out Head Start programs in the State. The State shall--
`(i) ensure that such Director holds a position with sufficient authority
and access to ensure that the collaboration described in subparagraph
(B) is effective and involves a range of State agencies and local entities,
including--
`(I) the State educational agency;
`(II) the State Department of Health and Human Services;
`(III) the State agency that oversees child care;
`(IV) the State agency that assists children with developmental disabilities;
`(V) the State Head Start Association;
`(VI) the State network of child care resource and referral agencies;
`(VII) local educational agencies;
`(VIII) community-based and faith-based organizations;
`(IX) representatives of migrant and seasonal Head Start programs located
in the State;
`(X) representatives of Indian Head Start programs located in the State;
`(XI) State and local providers of early childhood education and child
care, including providers with experience serving children with limited
English proficiency; and
`(XII) other entities carrying out programs serving low-income children
and families in the State;
`(ii) involve the entities described in clause (i) to develop a strategic
plan for the coordinated outreach to identify eligible children and to
implement strategies based on a needs assessment, which shall include
an assessment of the availability of high quality prekindergarten services
for low-income children in the State. Such assessment shall be completed
not later than 1 year after the date of enactment of the School Readiness
Act of 2005 and be updated on an annual basis and shall be made available
to the general public within the State;
`(iii) ensure that the collaboration described in subparagraph (B) involves
coordination of Head Start services with health care, welfare, child care,
child protective services, education, community service activities, family
literacy services, activities relating to children with disabilities (including
coordination of services with those State officials who are responsible
for administering part C and section 619 of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.)), and services for homeless
children (including coordination of services with the Office of Coordinator
for Education of Homeless Children and Youth designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act of 2001
(42 U.S.C. 11432(g)(1)(J)(ii));
`(iv) require the State Director of Head Start Collaboration to--
`(I) serve on the Early Learning Council pursuant to section 642B(b);
`(II) consult with the Early Learning Council, chief State school officer,
local educational agencies, representatives of local Head Start agencies
and providers of early childhood education and care in unified planning
regarding early care and education services at both the State and local
levels, including collaborative efforts to develop school readiness
standards;
`(III) consult with the chief State school officer, local educational
agencies, State child care administrators, State human services administrators,
representatives of local child care resource and referral agencies,
local early childhood councils, providers of early childhood education
and care, and other relevant State and local agencies, and representatives
of the State Head Start Association to plan for the provision of full-working-day,
full-calendar-year early care and education services for eligible children
with working parents who have a demonstrated need;
`(IV) consult with the chief State school officer, local educational
agencies, other State and local agencies administering the State prekindergarten
program, as applicable, and Head Start agencies to improve alignment
between Head Start programs and State-funded prekindergarten activities
to meet shared goals of school readiness; and
`(V) establish improved linkages between Head Start agencies and other
children and family agencies, including agencies that provide health,
mental health or family services or other child and family support services.';
(C) in subparagraph (D)(i) by inserting `and providers of services supporting
early childhood education and child care' after `Associations'; and
(D) by amending paragraph (6)(A) to read as follows:
`(A) From amounts reserved and allotted pursuant to paragraphs (2) and (4),
the Secretary shall use, for grants for programs described in section 645A(a)
of this subchapter, a portion of the combined total of such amounts equal
to at least 10 percent for each of the fiscal years 2006 through 2011, of
the amount appropriated pursuant to section 639(a), except as provided in
subparagraph (B).'.
(b) SERVICE DELIVERY MODELS- Section 640(f) of the Head Start Act (42 U.S.C.
9835(f)) is amended by inserting before the period at the end the following:
`, including models that leverage the existing capacity and capabilities
of the delivery system of early childhood education and child care'.
(c) MAINTENANCE OF SERVICE LEVELS- Section 640(g)(2) of the Head Start Act
(42 U.S.C. 9835(g)(2)) is amended--
(1) by striking `For the purpose of expanding Head Start programs, in'
and inserting `In';
(2) by amending subparagraph (C) to read as follows:
`(C) the extent to which the applicant has undertaken community-wide strategic
planning and needs assessments involving other community organizations
and Federal, State, and local public agencies serving children and families
(including organizations and agencies providing family support services
and protective services to children and families and organizations serving
families in whose homes English is not the language customarily spoken),
and individuals, organizations, and public entities serving children with
disabilities and homeless children including the local educational agency
liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Veto
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii));';
(3) in subparagraph (D) by striking `other local' and inserting `the State
and local';
(4) in subparagraph (E) by inserting `would like to participate but' after
`community who';
(5) in subparagraph (G)--
(A) by inserting `leverage the existing delivery systems of such services
and' after `manner that will'; and
(B) by striking `and' at the end;
(6) in subparagraph (H)--
(A) by inserting `, including the local educational agency liaison designated
under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11432(g)(1)(J)(ii)),' after `community involved';
(B) by striking `plans to coordinate' and inserting `successfully coordinated
its activities'; and
(C) by striking the period at the end and inserting `; and'; and
(7) by adding at the end the following:
`(I) the amount of funds used by such agency to pay administrative expenses
and the amount of available funds received by such agency under this section
to serve each enrolled child.'.
(d) VEHICLE SAFETY REQUIREMENTS- Section 640(i) of the Head Start Act (42
U.S.C. 9835(i)) is amended--
(1) by striking `(i) The' and inserting the following:
`(i) TRANSPORTATION SAFETY-
`(1) REGULATIONS- The'; and
(2) by adding at the end the following:
`(A) IN GENERAL- The Secretary may waive for a period of up to one year
the requirements of regulations promulgated under paragraph (1) for
one or more vehicles used by the agency or its designee in transporting
children enrolled in a Head Start program or an Early Head Start program
if--
`(i) such requirements pertain to child restraint systems and bus
monitors;
`(ii) the agency demonstrates that compliance with such requirements
will result in a significant disruption to the Head Start program
or the Early Head Start program; and
`(iii) is in the best interest of the child.
`(B) RENEWAL- The Secretary may renew a waiver under subparagraph (A).'.
(e) MIGRANT AND SEASONAL HEAD START PROGRAMS- Section 640(l) of the Head
Start Act (42 U.S.C. 9835(l)) is amended--
(1) by amending paragraph (3) to read as follows:
`(3) In carrying out this subchapter, the Secretary shall continue the administrative
arrangement at the national level for meeting the needs of Indian children
and children of migrant and seasonal farmworkers and shall ensure that appropriate
funding is provided to meet such needs, including training and technical
assistance and the appointment of a national migrant and seasonal Head Start
collaboration director and a national Indian Head Start collaboration director.';
and
(2) by adding at the end the following:
`(4)(A) For the purposes of paragraph (3), the Secretary shall conduct an
annual consultation in each affected Head Start region, with tribal governments
operating Head Start programs and Early Head Start programs.
`(B) The consultations shall be for the purpose of better meeting the needs
of American Indian and Alaska Native children and families pertinent to
subsections (a), (b), and (c) of section 641, taking into consideration
funding allocations, distribution formulas, and other issues affecting the
delivery of Head Start services within tribal communities.
`(C) The Secretary shall publish a notification of the consultations in
the Federal Register prior to conducting the consultations.
`(D) A detailed report of each consultation shall be prepared and made available,
on a timely basis, to all tribal governments receiving funds under this
subchapter.'.
(f) ENROLLMENT OF HOMELESS CHILDREN- Section 640 of the Head Start Act (42
U.S.C. 9835) is amended by adding at the end the following:
`(m) ENROLLMENT OF HOMELESS CHILDREN- The Secretary shall by regulation
prescribe policies and procedures to remove barriers to the enrollment and
participation of homeless children in Head Start programs. Such regulations
shall require Head Start agencies--
`(1) to implement policies and procedures to ensure that homeless children
are identified and prioritized for enrollment;
`(2) to allow homeless families to apply to, enroll in and attend Head
Start programs while required documents, such as proof of residency, immunization
and other medical records, birth certificates and other documents, are
obtained within a reasonable time frame; and
`(3) coordinate individual Head Start centers and programs with efforts
to implement subtitle B of title VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11431-11435).
`(n) RULE OF CONSTRUCTION- Nothing in this subchapter shall be construed
to require a State to establish a program of early education for children
in the State, to require any child to participate in a program of early
education, to attend school, or to participate in any initial screening
prior to participation in such program, except as provided under section
612(a)(3), (consistent with section 614(a)(1)(C)), of the Individuals with
Disabilities Education Act.
`(o) MATERIALS- All curricula and instructional materials funded under this
subchapter shall be scientifically based and age and developmentally appropriate.
Parents shall have the ability to inspect, upon request, any curricula or
instructional materials.'.
SEC. 7. DESIGNATION OF AGENCIES.
(a) AUTHORITY TO DESIGNATE- Section 641(a) of the Head Start Act (42 U.S.C.
9836(a)) is amended to read as follows:
`(a) AUTHORITY TO DESIGNATE-
`(1) IN GENERAL- The Secretary is authorized to designate as a Head Start
agency any local public or private nonprofit or for-profit agency within
a State, including a community-based or faith-based organization that--
`(A) has power and authority to carry out the purpose of this subchapter
and perform the functions set forth in section 642 within a State; and
`(B) is determined to be capable of planning, conducting, administering,
and evaluating, either directly or by other arrangements, a Head Start
program.
`(2) DESIGNATION REQUIREMENTS- To be designated as a Head Start agency
and to receive financial assistance under this subparagraph, an entity
described in sub paragraph (1) shall--
`(A) establish measurable objectives for--
`(i) the school readiness of children participating in the program
under this subchapter;
`(ii) meeting the performance standards described in section 641A;
`(iii) educational instruction in prereading, premathematics, and
language skills; and
`(iv) the provision of health, educational, nutritional, social and
other services related to school readiness; and
`(B) align curricula to challenging State developed academic content
standards and the Head Start Child Outcomes Framework developed by the
Secretary.
`(3) ELIGIBILITY FOR SUBSEQUENT FINANCIAL ASSISTANCE- In order to receive
financial assistance under this subchapter subsequent to the initial financial
assistance provided following the effective date of this subsection, an
entity described in paragraph (1) shall demonstrate that the entity has
met the measurable objectives described in paragraph (2);
`(4) MEASURING PROGRESS- Progress in meeting such measurable objectives
shall not be measured primarily or solely by the results of assessments.'.
(b) PRIORITY IN DESIGNATION- Section 641(c) of the Head Start Act (42 U.S.C.
9836(c)) is amended to read as follows:
`(c) CONSULTATION- In the administration of this section, the Secretary
shall, in consultation with the chief executive officer of the State involved,
give priority in the designation of Head Start agencies to Head Start agencies
that--
`(1) are receiving assistance under this subchapter on the effective date
of this subsection;
`(2) meet or exceed program and financial management requirements, standards
described in section 641A(a);
`(3) meet or exceed the education standards and requirements described
in section 641A(a)(1)(B);
`(4) have no unresolved area of noncompliance;
`(5) have not been deemed to have a deficiency since the then most recent
designation;
`(6) employ qualified staff (including in center-based programs, a teaching
staff of whom at least 50 percent have an associate, baccalaureate, or
advanced degree in early child education or a related field), except that
the Secretary may waive the application of this paragraph, for a period
not to exceed 3 years, for Head Start programs operating in rural areas,
for migrant and seasonal Head Start programs, and for Indian Head Start
programs, on a case-by-case basis, if the program demonstrates progress
in increasing the qualifications of teaching staff and demonstrates adequate
instructional supervision by qualified staff;
`(7) were not deemed by the Secretary as chronically under-enrolled since
the then most recent designation;
`(8) utilize curricula based on scientifically based research that are
aligned with challenging State developed academic content standards and
the Head Start Child Outcomes Framework developed by the Secretary;
`(9) demonstrate active partnerships with local educational agencies serving
the same communities to facilitate smooth transitions to kindergarten;
`(10) actively implement a memorandum of understanding described in section
642B(a) and additional collaborative partnerships with organizations that
enhance the delivery of services to children;
`(11) demonstrate success in improving child outcomes across all domains
of development, including measurable progress in language skills, prereading
knowledge, and premathematics knowledge;
`(12) maintain classroom environments constructive to early learning and
future school success;
`(13) demonstrate strong parental involvement and activities to develop
parent skills to support their children's educational development and
ability to participate effectively in decisions relating to the education
of their children;
`(14) are overseen by a board described in section 642(b) that provides
direction and actively oversees all program activities;
`(15) document strong fiscal controls, including--
`(A) the employment of well-qualified fiscal staff with a history of
successful management of a public or private organization;
`(B) having no reportable material weaknesses with applicable laws and
regulations on all annual financial audits performed since the most
recent designation;
`(C) meeting or exceeding annual requirements for financial support
under section 640(b); and
`(D) maintaining total administrative costs at or below 15 percent of
total program costs;
`(16) are licensed to operate in accordance with all applicable State
child care regulations;
`(17) conduct outreach activities to ensure that services are provided
to the most at-risk families in the community;
`(18) have developed strong community partnerships with public and private
organizations, such as businesses, health, providers of early childhood
education, and social service providers; and
`(19) provide opportunities for ongoing professional development.'.
(c) DESIGNATION WHEN NO ENTITY HAS PRIORITY- Section 641(d) of the Head
Start Act (43 U.S.C. 9836(d)) is amended to read as follows:
`(d) DESIGNATION WHEN NO ENTITY HAS PRIORITY-
`(1) IN GENERAL- If no entity in a community is entitled to the priority
specified in subsection (c), the Secretary shall, after conducting an
open competition, designate for a 5-year period a Head Start agency from
among qualified applicants in such community.
`(2) CONSIDERATIONS IN DESIGNATION- In selecting from among qualified
applicants for designation as a Head Start agency, the Secretary shall
consider the effectiveness of each such applicant to provide Head Start
services, based on--
`(A) any past performance of such applicant in providing services comparable
to Head Start services, including how effectively such applicant provided
such comparable services;
`(B) the plan of such applicant to provide comprehensive health (including
mental and behavioral health), educational, nutritional, social, and
other services needed to prepare children to succeed in school;
`(C) the capacity of such applicant to serve eligible children with
curriculum and teaching practices based on scientifically based research
that promote the school readiness of children participating in the program;
`(D) the plan of such applicant to meet standards set forth in section
641A(a)(1), with particular attention to the standards set forth in
subparagraphs (A) and (B) of such section;
`(E) the proposed budget and plan of such applicant to maintain strong
fiscal controls and cost effective fiscal management;
`(F) the plan of such applicant to coordinate the Head Start program
the applicant proposes to carry out with other educational programs
for young children, including--
`(i) the Early Reading First and Even Start programs under subparts
2 and 3 of part B of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6371 et seq., 6381 et seq.);
`(ii) programs under section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
`(iii) State prekindergarten programs;
`(iv) child care programs;
`(v) the educational programs that the children participating in the
Head Start program involved will enter at the age of compulsory school
attendance; and
`(vi) reading readiness programs such as those conducted by public
and school libraries;
`(G) the plan of such applicant to coordinate the Head Start program
that the applicant proposes to carry out, with public and private entities
that are willing to commit resources to assist the Head Start program
in meeting its program needs;
`(H) the plan of such applicant--
`(i) to seek the involvement of parents (including grandparents and
kinship caregivers, as appropriate) of children participating in the
proposed Head Start program, in activities (at home and, if practicable,
at the location of the Head Start program) designed to help such parents
become full partners in the education of their children;
`(ii) to afford such parents the opportunity to participate in the
development and overall conduct of the program at the local level;
`(iii) to offer (directly or through referral to local entities, such
as entities carrying out Even Start programs under subpart 3 of part
B of title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.), public and school libraries, and entities
carrying out family support programs) to such parents--
`(I) family literacy services; and
`(II) parenting skills training;
`(iv) to offer to parents of participating children, substance abuse
counseling (either directly or through referral to local entities),
including information on the effect of drug exposure on infants and
fetal alcohol syndrome;
`(v) at the option of such applicant, to offer (directly or through
referral to local entities) to such parents--
`(I) training in basic child development (including cognitive development);
`(II) assistance in developing literacy and communication skills;
`(III) opportunities to share experiences with other parents (including
parent mentor relationships);
`(IV) regular in-home visitation;
`(V) mental and behavioral health services; or
`(VI) any other activity designed to help such parents become full
partners in the education of their children;
`(vi) to provide, with respect to each participating family, a family
needs assessment that includes consultation with such parents about
the benefits of parent involvement and about the activities described
in subparagraph (H) in which such parents may choose to become involved
(taking into consideration their specific family needs, work schedules,
and other responsibilities); and
`(vii) to extend outreach to fathers, in appropriate cases, in order
to strengthen the role of fathers in families, in the education of
their young children, and in the Head Start program, by working directly
with fathers and father figures through activities such as--
`(I) in appropriate cases, including fathers in home visits and
providing opportunities for direct father-child interactions; and
`(II) targeting increased male participation in the conduct of the
program;
`(I) the ability of such applicant to carry out the plans described
in paragraphs (2), (4), and (5);
`(J) the plan of such applicant to meet the needs of limited English
proficient children and their families, including procedures to identify
such children, plans to provide trained personnel, and plans to provide
services to assist the children in making progress toward the acquisition
of the English language, while making meaningful progress in attaining
the knowledge, skills, abilities, and development described in section
641A(a)(1)(B);
`(K) the plan of such applicant to meet the diverse cultural needs of
the population served;
`(L) the plan of such applicant to meet the needs of children with disabilities;
`(M) the plan of such applicant who chooses to assist younger siblings
of children who will participate in the Head Start program, to obtain
health services from other sources;
`(N) the plan of such applicant to collaborate with other entities carrying
out early childhood education and child care programs in the community,
including private entities and charter schools offering pre-kindergarten;
`(O) the plan of such applicant to meet the needs of homeless children,
including transportation needs, and children in foster care;
`(P) the plan of such applicant to maintain a qualified staff, including
a teaching staff qualified to implement research-based educational curricula
aligned with challenging State-developed academic content standards,
the Head Start Child Outcomes Framework developed by the Secretary,
and the State early learning standards in States in which such standards
are developed;
`(Q) the plan of such applicant to enter into memoranda of understanding
with local educational agencies, child care providers, and other entities
within the service area; and
`(R) other factors related to the requirements of this subchapter.'.
(d) SELECTION OF APPLICANTS- Section 641(g) of the Head Start Act (43 U.S.C.
9836(g)) is amended to read as follows:
`(g) ISSUANCE OF RULES- Not later than 180 days after the enactment of the
School Readiness Act of 2005, the Secretary shall issue rules to carry out
this section.'.
SEC. 8. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS.
(a) QUALITY STANDARDS- Section 641A(a) of the Head Start Act (42 U.S.C.
9836a(a)) is amended--
(1) by amending paragraph (1)(B)--
(i) by inserting `based on sound scientific evidence' after `standards';
and
(ii) by inserting `and sustained academic gains' after `readiness';
and
(B) by amending clause (ii) to read as follows:
`(ii) additional scientifically-based education standards to ensure
that the children participating in the program, at a minimum develop
and demonstrate--
`(I) language knowledge and skills, including oral language and listening
comprehension;
`(II) prereading knowledge and skills that prepare children for early
literacy in schools, including phonological awareness, print awareness
and print skills, and alphabetic knowledge;
`(III) premathematics knowledge and skills, including aspects of classification,
seriation, number, spatial relations, and time;
`(IV) cognitive abilities related to academic achievement and child
development;
`(V) social and emotional development related to early learning, school
success, and sustained academic gains;
`(VI) approaches to learning related to child development and early
learning; and
`(VII) in the case of limited-English proficient children, progress
toward acquisition of the English language while making meaningful
progress in attaining the knowledge, skills, abilities, and development
described in subclauses (I) through (IV);';
(A) by amending subparagraph (B) to read as follows:
`(B) take into consideration--
`(i) past experience with use of the standards in effect under this
subchapter on October 27, 1998;
`(ii) changes over the period since October 27, 1998, in the circumstances
and problems typically facing children and families served by Head
Start agencies;
`(iii) developments concerning research based practices with respect
to early childhood education and development, children with disabilities,
family services, program administration, and financial management;
`(iv) projected needs of an expanding Head Start program;
`(v) guidelines and standards currently in effect or under consideration
that promote child health services and physical development, including
outdoor activity that supports children's motor development and overall
health and nutrition;
`(vi) changes in the population of children who are eligible to participate
in Head Start programs, including the language background and family
structure of such children;
`(vii) scientifically based research to ensure that children participating
in Head Start programs make a successful transition to schools that
the children will be attending; and
`(viii) the unique challenges faced by individual programs, including
those that are seasonal or short term, and those that serve rural
populations; and'; and
(B) in subparagraph (C)(ii) by striking `the date' and all that follows
through `Act of 1998', and inserting `October 27, 1998'; and
(3) by adding at the end the following:
`(4) EVALUATIONS AND CORRECTIVE ACTIONS FOR DELEGATE AGENCIES-
`(A) PROCEDURES- The Head Start agency shall establish procedures relating
to its delegate agencies, including--
`(i) procedures for evaluating delegate agencies;
`(ii) procedures for defunding delegate agencies; and
`(iii) procedures for appealing a defunding decision relating to a
delegate agency.
`(B) EVALUATIONS- Each Head Start agency--
`(i) shall evaluate its delegate agencies using the procedures established
pursuant to this section, including subparagraph (A); and
`(ii) shall inform the delegate agencies of the deficiencies identified
through the evaluation that shall be corrected.
`(C) REMEDIES TO ENSURE CORRECTIVE ACTIONS- If the Head Start agency
identifies a deficiency for a delegate agency through the evaluation,
the Head Start agency may--
`(i) initiate procedures to terminate the designation of the agency
unless the agency corrects the deficiency;
`(ii) conduct monthly monitoring visits to such delegate agency until
all deficiencies are corrected or the Head Start agency decides to
defund such delegate agency; and
`(iii) release funds to such delegate agency only as reimbursements
until all deficiencies are corrected or the Head Start agency decides
to defund such delegate agency.
`(D) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed
to impact or obviate the responsibilities of the Secretary with respect
to Head Start agencies or delegate agencies receiving funding under
this subchapter.'.
(b) RESULTS-BASED PERFORMANCE MEASURES- Section 641A(b) of the Head Start
Act (42 U.S.C. 9836a(b)) is amended--
(1) by amending paragraph (2) to read as follows:
`(2) CHARACTERISTICS OF MEASURES- The performance measures developed under
this subsection shall--
`(A) be used to assess the impact of the various services provided by
Head Start programs and, to the extent the Secretary finds appropriate,
administrative and financial management practices of such programs;
`(B) be adaptable for use in self-assessment, peer review, and program
evaluation of individual Head Start agencies and programs;
`(C) be developed for other program purposes as determined by the Secretary;
`(D) be appropriate for the population served; and
`(E) be reviewed no less than every 4 years, based on advances in the
science of early childhood development.
The performance measures shall include the performance standards described
in subparagraphs (A) and (B) of subsection (a)(1).';
(2) by amending paragraph (3) to read as follows:
`(A) The Secretary shall use the performance measures pursuant to this
subsection to identify--
`(i) strengths and weaknesses in the operation of Head Start programs
nationally, regionally, and locally as appropriate; and
`(ii) program areas that may require additional training and technical
assistance resources.
`(B) The Secretary shall provide a detailed justification to the Congress
regarding the planned uses of the data collected by the National Reporting
System developed by the Secretary and shall demonstrate its scientific
validity and reliability for such purposes, including its scientific
validity and reliability with children with limited English proficiency
for such purposes;
`(C) The Secretary shall not use the National Reporting System assessment
results either as the primary method for assessing program effectiveness
or as the primary method for making grantee funding determinations.
`(D) The Secretary shall develop a process to ensure that the National
Reporting System shall not be used to exclude children from Head Start
programs.'; and
(3) by amending paragraph (4) to read as follows:
`(4) EDUCATIONAL MEASURES- Results based measures shall be designed for
the purpose of promoting the competencies of children participating in
Head Start programs specified in subsection (a)(1)(B)(ii), with an emphasis
on measuring those competencies that have a strong scientifically-based
predictability of a child's school readiness and later performance in
school.'.
(c) MONITORING OF LOCAL AGENCIES AND PROGRAMS- Section 641A(c) of the Head
Start Act (42 U.S.C. 9836a(c)) is amended--
(A) in the matter preceding subparagraph (A) by inserting `develop and
utilize a risk-based assessment system to' after `shall';
(B) by amending subparagraph (C) to read as follows:
`(C) Followup reviews, including unannounced reviews as appropriate,
of programs with 1 or more findings of deficiencies not later than 6
months after the date of such finding.'; and
(C) by amending subparagraph (D) to read as follows:
`(D) Unannounced site inspections of Head Start centers and other reviews,
as appropriate.';
(2) by amending paragraph (2) to read as follows:
`(2) CONDUCT OF REVIEWS- The Secretary shall ensure that reviews described
in subparagraphs (A) through (C) of paragraph (1)--
`(A) that incorporate a monitoring visit, may be done without prior
notice of the visit to the local agency or program;
`(B) are conducted by review teams composed of individuals who are knowledgeable
about the program areas they are reviewing and, to the maximum extent
practicable, the diverse (including linguistic and cultural) needs of
eligible children (including children with disabilities) and limited-English
proficient children and their families;
`(C) include as part of the reviews of the programs, a review and assessment
of program effectiveness, including strengths and areas for improvement,
as measured in accordance with the results-based performance measures
developed by the Secretary pursuant to subsection (b) and with the standards
established pursuant to subparagraphs (A) and (B) of subsection (a)(1);
`(D) seek information from the communities and the States involved about
the performance of the programs and the efforts of the Head Start agencies
to collaborate with other entities carrying out early childhood education
and child care programs in the community;
`(E) seek information from the communities where Head Start programs
exist about innovative or effective collaborative efforts, barriers
to collaboration, and the efforts of the Head Start agencies and programs
to collaborate with the entities carrying out early childhood education
and child care programs in the community;
`(F) include as part of the reviews of the programs, a review and assessment
of whether a program is in conformity with the income eligibility requirements,
as defined in section 645 and regulations promulgated thereunder;
`(G) include as part of the reviews of the programs, a review and assessment
of whether programs have adequately addressed the population and community
needs (including populations of children with a limited English proficiency
and children of migrant and seasonal farm-working families);
`(H) include as part of the review the extent to which the program addresses
the community needs and strategic plan identified in section 640(g)(2)(C);
and
`(I) are conducted in a manner that evaluates program performance, quality,
and overall operations with consistency and objectivity, and based on
a transparent and reliable system of review.'.
(d) CORRECTIVE ACTION; TERMINATION- Section 641A(d) of the Head Start Act
(42 U.S.C. 9836a(d)) is amended--
(1) in paragraph (1) by amending the matter preceding subparagraph (A)
to read as follows:
`(1) DETERMINATION- If the Secretary determines, on the basis of a review
pursuant to subsection (c), that a Head Start agency designated pursuant
to section 641 fails to meet the standards described in subsection (a)
or results-based performance measures developed by the Secretary under
subsection (b), or fails to adequately address the community needs and
strategic plan identified in 640(g)(2)(C), the Secretary shall--';
(2) by amending paragraph (2) to read as follows:
`(2) Quality improvement plan-
`(A) AGENCY AND PROGRAM RESPONSIBILITIES- In order to retain a designation
as a Head Start agency under this subchapter, or in the case of a Head
Start program, in order to continue to receive funds from such agency,
a Head Start agency, or Head Start program that is the subject of a
determination described in paragraph (1) (other than an agency or program
required to correct a deficiency immediately or during a 90-day period
under clause (i) or (ii) of paragraph (1)(B)) shall--
`(i) develop in a timely manner, a quality improvement plan that shall
be subject to the approval of the Secretary, or in the case of a program,
the sponsoring agency, and which shall specify--
`(I) the deficiencies to be corrected;
`(II) the actions to be taken to correct such deficiencies; and
`(III) the timetable for accomplishment of the corrective actions
specified; and
`(ii) eliminate each deficiency identified, not later than the date
for elimination of such deficiency specified in such plan (which shall
not be later than 1 year after the date the agency or program received
notice of the determination and of the specific deficiency to be corrected).
`(B) SECRETARIAL RESPONSIBILITY- Not later than 30 days after receiving
from a Head Start agency a proposed quality improvement plan pursuant
to subparagraph (A), the Secretary shall either approve such proposed
plan or specify the reasons why the proposed plan cannot be approved.
`(C) AGENCY RESPONSIBILITY FOR PROGRAM IMPROVEMENT- Not later than 30
days after receiving from a Head Start program, a proposed quality improvement
plan pursuant to subparagraph (A), the sponsoring agency shall either
approve such proposed plan or specify the reasons why the proposed plan
cannot be approved.'; and
(3) in paragraph (3) by inserting `and programs' after `agencies';
(4) by amending subsection (e) to read as follows:
`(e) SUMMARIES OF MONITORING OUTCOMES- Not later than 120 days after the
end of each fiscal year, the Secretary shall publish a summary report on
the findings of reviews conducted under subsection (c) and on the outcomes
of quality improvement plans implemented under subsection (d), during such
fiscal year. Such information shall be made available to all parents with
children receiving assistance under this subchapter in an understandable
and uniform format, and to the extent practicable, provided in a language
that the parents can understand, and in addition, make the information widely
available through public means such as distribution through public agencies,
and at a minimum posting such information on the Internet immediately upon
publication.'; and
(5) by adding at the end the following:
`(f) REDUCTION OF GRANTS AND REDISTRIBUTION OF FUNDS IN CASES OF UNDER-ENROLLMENT-
`(1) DEFINITIONS- In this subsection:
`(A) ACTUAL ENROLLMENT- The term `actual enrollment' means, with respect
to a Head Start program, the actual number of children enrolled in such
program in a given month.
`(B) BASE GRANT- The term `base grant' means, with respect to a Head
Start agency for a fiscal year, that portion of the grant derived--
`(i) from amounts reserved for use in accordance with section 640(a)(2)(A),
for a Head Start agency administering an Indian Head Start program
or migrant and seasonal Head Start program;
`(ii) from amounts reserved for payments under section 640(a)(2)(B);
or
`(iii) from amounts available under section 640(a)(2)(D) or allotted
among States under section 640(a)(4).
`(C) FUNDED ENROLLMENT- The term `funded enrollment' means, with respect
to the program of a Head Start agency in a fiscal year, the number of
children that the agency is funded to serve through a grant for the
program during such fiscal year, as indicated in the grant agreement.
`(2) ENROLLMENT REPORTING REQUIREMENT FOR CURRENT FISCAL YEAR- Each entity
carrying out a Head Start program shall report on a monthly basis to the
Secretary and the relevant Head Start agency--
`(A) the actual enrollment in such program; and
`(B) if such actual enrollment is less than the funded enrollment, any
apparent reason for such enrollment shortfall.
`(3) SECRETARIAL REVIEW AND PLAN- The Secretary shall--
`(A) on a semiannual basis, determine which Head Start agencies are
operating with an actual enrollment that is less than the funded enrollment
based on not less than the average of 4 consecutive months of data;
`(B) for each such Head Start agency operating a program with an actual
enrollment that is less than 95 percent of its funded enrollment, as
determined under subparagraph (A), develop, in collaboration with such
agency, a plan and timetable for reducing or eliminating under-enrollment
taking into consideration--
`(i) the quality and extent of the outreach, recruitment, and community
needs assessment conducted by such agency;
`(ii) changing demographics, mobility of populations, and the identification
of new underserved low-income populations;
`(iii) facilities-related issues that may impact enrollment;
`(iv) the ability to provide full-day programs, where needed, through
Head Start funds or through collaboration with entities carrying out
other preschool or child care programs, or programs with other funding
sources (where available);
`(v) the availability and use by families of other preschool and child
care options (including parental care) in the local catchment area;
and
`(vi) agency management procedures that may impact enrollment; and
`(C) provide timely and ongoing technical assistance to each agency
described in subparagraph (B) for the purpose of implementing the plan
described in such subparagraph.
`(4) IMPLEMENTATION- Upon receipt of the technical assistance described
in paragraph (3)(C), a Head Start agency shall immediately implement the
plan described in paragraph (3)(B).
`(5) SECRETARIAL ACTION FOR CONVERSION TO SERVE YOUNGER CHILDREN- If,
after implementing the plan described in paragraph (3)(B), the grantee
continues to operate a program at less than full enrollment, the grantee
may, upon approval by the Secretary, be permitted to use a portion of
the base grant equal to the percentage difference between funded enrollment
and actual enrollment for the most then recent year, to serve persons
described in section 645A(c) if such agency currently operates a grant
described in section 645A and submits an application containing--
`(A) evidence of community need for such services;
`(B) a description of how the needs of pregnant women, infants, and
toddlers will be addressed in accordance with section 645A(b) and with
regulations prescribed by the Secretary pursuant to section 641A in
areas including--
`(i) the approach to childhood development and health services; and
`(ii) the approach to family and community partnerships; and approach
to program design and management;
`(C) assurances that the agency will participate in technical assistance
activities for newly funded and existing grantees under section 654A;
and
`(D) evidence that the agency meets the eligibility criteria as grantees
under section 645A.
Any grantee permitted to serve children under this paragraph shall be
subject to the rules, regulations, and conditions under section 645A.
`(6) SECRETARIAL ACTION FOR CONTINUED UNDER-ENROLLMENT- If, 1 year after
the date of implementation of the plan described in paragraph (3)(B),
the Head Start agency continues to operate a program at less than full
enrollment, the Secretary shall, where determined appropriate, continue
to provide technical assistance to such agency.
`(7) SECRETARIAL REVIEW AND ADJUSTMENT FOR CHRONIC UNDER-ENROLLMENT-
`(A) IN GENERAL- If, after receiving technical assistance and developing
and implementing a plan to the extent described in paragraphs (3), (4),
(5), and (6) for 6 months, a Head Start agency is still operating a
program with an actual enrollment that is less than 95 percent of its
funded enrollment, the Secretary may--
`(i) designate such agency as chronically under-enrolled; and
`(ii) recapture, withhold, or reduce the base grant for the program
by a percentage equal to the percentage difference between funded
enrollment and actual enrollment for the program for the most recent
year in which the agency is determined to be under-enrolled under
paragraph (2)(B).
`(B) WAIVER OR LIMITATION OF REDUCTIONS- If the Secretary, after the
implementation of the plan described in paragraph (3)(B), finds that--
`(i) the shortfall can reasonably be expected to be temporary; or
`(ii) the number of slots allotted to the agency is small enough that
under-enrollment does not constitute a significant shortfall,
the Secretary may, as appropriate, waive or reduce the percentage recapturing,
withholding, or reduction otherwise required by subparagraph (A).
`(C) PROCEDURAL REQUIREMENTS; EFFECTIVE DATE- The actions taken by the
Secretary under this paragraph with respect to a Head Start agency shall
take effect 1 day after the date on which--
`(i) the time allowed for appeal under section 646(a) expires without
an appeal by the agency; or
`(ii) the action is upheld in an administrative hearing under section
646.
`(8) REDISTRIBUTION OF FUNDS-
`(A) IN GENERAL- Funds held by the Secretary as a result of recapturing,
withholding, or reducing a base grant in accordance with paragraph (7)
in a fiscal year shall be redistributed in such fiscal year as follows:
`(i) If such funds are attributable to the portion of a base grant
derived from amounts specified in paragraph (1)(B)(i) payable, but
for the operation of this paragraph, to carry out an Indian Head Start
program, then such funds shall be redistributed to increase enrollment
in such fiscal year in 1 or more Indian Head Start programs.
`(ii) If such funds are attributable to the portion of a base grant
derived from amounts specified in paragraph (1)(B)(i) payable, but
for the operation of this paragraph, to carry out a migrant and seasonal
Head Start program, then such funds shall be redistributed to increase
enrollment in such fiscal year in 1 or more migrant and seasonal Head
Start programs.
`(iii) If such funds are attributable to the portion of a base grant
derived from amounts specified in clause (ii) or (iii) of paragraph
(1)(B) payable, but for the operation of this paragraph, to carry
out a Head Start program (excluding Indian Head Start programs, and
migrant and seasonal Head Start programs) in a State, then such funds
shall be redistributed to increase enrollment in such fiscal year
in 1 or more--
`(I) other Head Start programs (excluding Indian Head Start programs
and migrant and seasonal Head Start programs) that are carried out
in such State; or
`(II) if the Secretary determines that children eligible under section
641 are being adequately served within such State, 1 or more Early
Head Start programs (excluding Indian Head Start programs and migrant
and seasonal Head Start programs) or 1 or more Head Start programs
for the purpose of becoming a grantee pursuant to section 645A.
`(B) ADJUSTMENT TO FUNDED ENROLLMENT- The Secretary shall adjust as
necessary the requirements relating to funded enrollment indicated in
the grant agreement of a Head Start agency receiving funds redistributed
under this paragraph.'.
SEC. 9. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
(a) QUALIFICATIONS FOR DESIGNATION- Section 642(b) of the Head Start Act
(42 U.S.C. 9837(b)) is amended to read as follows:
`(b) In order to be so designated, a Head Start agency shall do all of the
following:
`(1) Establish a program with standards set forth in section 641A(a)(1),
with particular attention to the standards set forth in subparagraphs
(A) and (B) of such section.
`(2) Demonstrate capacity to serve eligible children with scientifically-based
curricula and other interventions that help promote the school readiness
of children participating in the program.
`(3) Establish effective procedures by which parents and area residents
concerned will be enabled to directly participate in decisions that influence
the character of programs affecting their interests.
`(4) Establish an independent board of directors selected from among eligible
individuals who shall serve on the board (or may designate an existing
entity whose members are eligible individuals, that shall be such board)
for a period not to exceed 5 years, except that board members who oversee
a public entity and who are selected by election (or members of a board
of a local educational agency or a local council, appointed by an elected
official or an official of a general purpose local government), may serve
for such period as may be determined by the electing or appointing authority,
as the case may be. An individual who has a conflict of interest is ineligible
to serve as a member of the board. Members of the board of all nonpublic
entities shall include representatives of the local community (including
at least 1 member with significant financial management or accounting
experience and the chair of (or the designee of the chair, approved by)
the council described in section 642(b)(4)(B)(ii)). Additional members
shall be selected for their expertise in education, business administration,
community affairs, government, legal affairs, and such other areas of
expertise as may contribute to effective governance of the Head Start
agency. All members of the board shall receive training in the management
responsibilities and obligations, ethics, and financial literacy and management,
and shall adopt practices that assure active, independent and informed
governance of the Head Start agency, including independent oversight of
the financial and management practices of such agency. The board shall
provide direction to the executive director of the Head Start agency and
shall operate as an entity independent of staff employed by the Head start
agency, entity, or applicant and have the following duties and responsibilities:
`(A) To provide independent oversight to ensure that the Head Start
agency under the direction of the executive director is delivering high
quality services to children and families in compliance with all applicable
standards in effect under this subchapter and with the applicable performance
measures established by the Secretary under section 644.
`(B) To establish 2 or more standing committees to facilitate governance
of the Head Start agency which shall include both of the following:
`(i) An audit and finance committee whose primary responsibility shall
be--
`(I) to approve annually the operating budget of the Head Start
agency;
`(II) to review and recommend to the board the selection of independent
auditors who shall report all critical accounting policies and practices
to the finance and audit committee except when the auditor is assigned
by the State under State law;
`(III) to review and recommend to the board the termination or extension
of the existing audit firm at least once every 5 years;
`(IV) to review and advise the board of the audit management letter
provided pursuant to the chapter 75 of title 31 of the United States
Code, and of any audit findings; and
`(V) to monitor agency actions to correct any such audit findings
or other actions necessary to comply with applicable laws (including
regulations) governing financial statements and accounting practices.
`(ii) A policy council, a majority of whose representatives shall
be parents of children participating in a Head Start program or in
an Early Head Start program, or of children who participated in a
Head Start program or in an Early Head Start program in the then most
recent 5-year period preceding the selection of the particular representative
involved, and whose primary responsibility shall be to serve as a
link between parents and the board of directors and to make and submit
recommendations on the following activities to the Board:
`(I) The strategic direction of the program, including long and
short-term planning goals and objectives.
`(II) Program operation policies, including standards of conduct
for program staff and volunteers.
`(III) Activities to support the active involvement of parents in
supporting program operations.
`(IV) Classroom activities and staffing.
`(V) Program responsiveness to community and parent needs.
`(VI) Other areas the committee identifies as necessary to improve
program operations.
`(C) To approve the selection and dismissal of the Head Start director,
and to review annually the human resources available to ensure the effective
operation of the Head Start agency.
`(D) To consult, on a regular basis, with the policy council and to
take actions on recommendations submitted by such council.
`(E) To review and approve the major operational policies of the Head
Start agency, including policies addressing accounting, financial management,
procurement, record confidentiality, and personnel (including specific
standards governing salaries, salary adjustments, travel and per diem
allowances, and other employee benefits).
`(F) To ensure that the Head Start agency is operated in compliance
with applicable Federal, State, and local laws (including regulations),
and to monitor agency implementation of any corrective action necessary
to comply with applicable laws (including regulations);
`(G) To oversee the program planning of the Head Start agency, including
adoption of the Head Start agency philosophy and mission statement,
adoption of policies for determining community needs, setting long-
and short-range goals and objectives, establishment of criteria for
selecting families in Head Start programs or Early Head Start programs,
and to oversee and approve the agency's applications to receive funds
made available under this subchapter; and
`(H) To establish, to adopt, and to periodically update written standards
of conduct that establish standards and formal procedures for disclosing,
addressing, and resolving--
`(i) any conflict of interest, and any appearance of a conflict of
interest, by board members, officers, employees, consultants, and
agents who provide services or furnish goods to the Head Start agency;
and
`(ii) complaints, including investigations, when appropriate.
`(5) To seek the involvement of parents, area residents, and local business
in the design and implementation of the program.
`(6) To provide technical and other support needed to enable parents and
area residents to secure on their own behalf available assistance from
public and private sources.
`(7) To establish effective procedures to facilitate the involvement of
parents of participating children in activities designed to help such
parents become full partners in the education of their children, and to
afford such parents the opportunity to participate in the development
and overall conduct of the program at the local level, including a process
through which parents of children currently participating in a Head Start
program or an Early Head Start program select the parent representatives
to serve on the council under section 642(b)(4)(B)(ii).
`(8) To conduct outreach to schools in which children participating in
Head Start programs enroll, local educational agencies, the local business
community, community-based organizations, faith-based organizations, museums,
and libraries to generate support and leverage the resources of the entire
local community in order to improve school readiness.
`(9) To offer (directly or through referral to local entities, such as
entities carrying out Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2741 et seq.)), to parents of participating children, family literacy
services and parenting skills training.
`(10) To offer to parents of participating children substance abuse counseling
(either directly or through referral to local entities), including information
on drug-exposed infants and fetal alcohol syndrome.
`(11) At the option of such agency, to offer (directly or through referral
to local entities), to such parents--
`(A) training in basic child development (including cognitive development);
`(B) assistance in developing literacy and communication skills;
`(C) opportunities to share experiences with other parents (including
parent-mentor relationships);
`(D) mental and behavioral health services;
`(E) regular in-home visitation; or
`(F) any other activity designed to help such parents become full partners
in the education of their children.
`(12) To provide, with respect to each participating family, a family
needs assessment that includes consultation with such parents about the
benefits of parent involvement and about the activities described in paragraphs
(5) through (8) in which such parents may choose to be involved (taking
into consideration their specific family needs, work schedules, and other
responsibilities).
`(13) To consider providing services to assist younger siblings of children
participating in its Head Start program to obtain health services from
other sources.
`(14) To perform community outreach to encourage individuals previously
unaffiliated with Head Start programs to participate in its Head Start
program as volunteers.
`(15)(A) To inform custodial parents in single-parent families that participate
in programs, activities, or services carried out or provided under this
subchapter about the availability of child support services for purposes
of establishing paternity and acquiring child support; and
`(B) To refer eligible parents to the child support offices of State and
local governments.
`(16) To provide parents of limited English proficient children outreach
and services under this subchapter, in an understandable and uniform format
and, to the extent practicable, in a language that such parents can understand.'.
(b) COORDINATION AND COLLABORATION- Section 642(c) of the Head Start Act
(42 U.S.C. 9837(c)) is amended to read as follows:
`(c) The head of each Head Start agency shall coordinate and collaborate
with the State agency responsible for administering the State program carried
out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.), and other early childhood education and development programs,
including programs under subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431-11435), Even Start programs under subpart
3 of part B of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 2741 et seq.), and programs under Part C and section 619
of the Individuals with Disabilities Education Act (20 U.S.C. 1431-1445,
1419), and the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a),
serving the children and families served by the Head Start agency to carry
out the provisions of this subchapter.'.
(c) OTHER COORDINATION- Section 642(d) of the Head Start Act (42 U.S.C.
9837(d)) is amended--
(1) by redesignating paragraphs (2) through (4) as paragraph (5) through
(7), respectively;
(2) by inserting after paragraph (1) the following:
`(A) LOCAL EDUCATIONAL AGENCY- In communities where both public prekindergarten
programs and Head Start programs operate, a Head Start agency shall
collaborate and coordinate activities with the local educational agency
or other public agency responsible for the operation of the prekindergarten
program and providers of prekindergarten, including outreach activities
to identify eligible children.
`(B) ELEMENTARY SCHOOLS- Head Start staff shall, with the permission
of the parents of children enrolled in Head Start programs, regularly
communicate with the elementary schools such children will be attending--
`(i) to share information about such children;
`(ii) to receive advice and support from the teachers in such elementary
schools participating in Early Reading First programs funded under
subpart 1 of part B of title I of the Elementary and Secondary Education
Act of 1965 regarding scientifically based teaching strategies and
options; and
`(iii) to ensure a smooth transition to elementary school for such
children.
`(C) OTHER EARLY EDUCATION AND CHILD DEVELOPMENT PROGRAMS- The head
of each Head Start agency shall coordinate activities and collaborate
with the State agency responsible for administering the State program
carried out under the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.), and other entities carrying out early
childhood education and development programs, programs under subtitle
B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431-11435), Even Start programs under subpart 3 of part B of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381
et seq.), and programs under section 619 and part C of the Individuals
with Disabilities Education Act (20 U.S.C 1419, 1431 et seq.), serving
the children and families served by the Head Start agency.
`(D) OTHER PROGRAMS- Each Head Start agency shall collaborate, as appropriate,
with providers of social and community services available to children
and families participating in Head Start programs, and may support such
partnerships with financial agreements, when applicable, for the provision
of such services.
`(3) COLLABORATION- A Head Start agency shall take steps to coordinate
activities with the local educational agency serving the community involved
and with schools in which children participating in a Head Start program
operated by such agency will enroll following such program, including--
`(A) collaborating on the shared use of transportation and facilities;
`(B) collaborating to enhance the efficiency of services while increasing
the program participation of underserved populations of eligible children;
and
`(C) exchanging information on the provision of noneducational services
to such children.
`(4) PARENTAL INVOLVEMENT- In order to promote the continued involvement
of the parents (including grandparents and kinship caregivers, as appropriate)
of children that participate in Head Start programs in the education of
their children upon transition to school, the Head Start agency shall
work with the local educational agency--
`(A) to provide training to the parents--
`(i) to inform the parents about their rights and responsibilities
concerning the education of their children; and
`(ii) to enable the parents--
`(I) to understand and work with schools in order to communicate
with teachers and other school personnel;
`(II) to support the schoolwork of their children; and
`(III) to participate, as appropriate, in decisions relating to
the education of their children; and
`(B) to take other actions, as appropriate and feasible, to support
the active involvement of the parents with schools, school personnel,
and school-related organizations.';
(3) in paragraph (5), as so redesignated--
(A) by striking `A' and inserting `Each';
(B) by striking `may' and inserting `shall';
(C) by striking `and' at the end of subparagraph (A);
(D) by redesignating subparagraph (B) as subparagraph (C); and
(E) by inserting after subparagraph (A) the following:
`(B) collaborating to increase the program participation of underserved
populations of eligible children; and'; and
(4) by adding at the end the following:
`(8) Head Start agencies shall implement a research-based early childhood
curricula that promotes young children's school readiness in the areas of
language and cognitive development, early reading and premathematics skills,
socio-emotional development, physical development, and approaches to learning.
Such curricula shall be--
`(A) based on scientifically based research and have standardized training
procedures and published curriculum materials to support implementation;
and
`(B) comprehensive, outcomes based, and linked to ongoing assessment with
instructional goals and measurable objectives.
`(9) Head Start agencies shall use ongoing, research-based assessment methods
that are developmentally appropriate, culturally and linguistically responsive,
and tied to children's daily activities in order to support the educational
instruction of children in the program, including language skills, prereading
knowledge and premathematics knowledge. Assessment instruments shall be
those designed and validated for making decisions about teaching and learning
and aligned with the program's curricula and Section 641A(a)(1).
`(10) For the purpose of meeting the performance standards, Head Start agencies
shall use high-quality research-based developmental screening tools that
have been demonstrated to be standardized, reliable, valid, and accurate
for children from a range of racial, ethnic, linguistic, and cultural backgrounds.
`(11) Head Start agencies may develop or maintain partnerships with institutions
of higher education and non-profit organizations that recruit, train, place,
and support college students to serve as mentors and reading coaches to
preschool children in Head Start programs.'.
(d) ASSESSMENT- Section 642 of the Head Start Act (42 U.S.C. 9837) is amended
by striking subsection (e) and inserting the following:
`(e) ASSESSMENT- Each Head Start agency shall adopt, in consultation with
experts in child development and with classroom teachers, an assessment
to be used when hiring or evaluating any classroom teacher in a center-based
Head Start program. Such assessment shall measure whether such teacher has
mastered the functions described in section 648A(a)(1) and attained a level
of literacy appropriate to implement Head Start curricula.
`(f) FUNDED ENROLLMENT; WAITING LIST- Each Head Start agency shall enroll
100 percent of its funded enrollment and maintain an active waiting list
at all times with ongoing outreach to the community and activities to identify
underserved populations.'.
SEC. 10. HEAD START ALIGNMENT WITH K-12 EDUCATION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended--
(1) by amending the heading to read as follows:
`SEC. 642A. HEAD START ALIGNMENT WITH K-12 EDUCATION.';
(A) by inserting `ongoing' after `establishing'; and
(B) by inserting `McKinney-Vento liaisons as established under section
722 (g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(g)(1)(J)(ii)),' after `social workers,';
(3) by redesignating paragraphs (3) through (7) as paragraphs (5) through
(9), respectively; and
(4) by inserting the following after paragraph (2):
`(3) developing continuity of developmentally appropriate curricula between
Head Start and local educational agencies to ensure an effective transition
and appropriate shared expectations for children's learning and development
as they make such transition to school;
`(4) organizing and participating in joint training, including transition-related
training for school staff and Head Start staff;';
(5) by amending paragraph (7), as so redesignated, to read as follows:
`(7) developing and implementing a family outreach and support program
in cooperation with entities carrying out parental involvement efforts
under title I of the Elementary and Secondary Education Act of 1965 and
family outreach and support efforts under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431-11435);';
(6) in paragraph (8), as so redesignated--
(A) by inserting `and continuity in parental involvement activities'
after `developmental continuity'; and
(B) by striking `and' at the end;
(7) by amending paragraph (9), as so redesignated, to read as follows:
`(9) linking the services provided in such Head Start program with the
education services, including services relating to language, literacy,
and numeracy, provided by such local educational agency;'; and
(8) by adding at the end the following:
`(10) helping parents (including grandparents and kinship caregivers,
as appropriate) to understand the importance of parental involvement in
a child's academic success while teaching them strategies for maintaining
parental involvement as their child moves from Head Start to elementary
school;
`(11) developing and implementing a system to increase program participation
of underserved populations of eligible children; and
`(12) coordinating activities and collaborating to ensure that curricula
used in the Head Start program is aligned with--
`(A) State early learning standards with regard to cognitive, social,
emotional, and physical competencies that children entering kindergarten
are expected to demonstrate; and
`(B) the Head Start Child Outcomes Framework developed by the Secretary.'.
SEC. 11. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION.
The Head Start Act (42 U.S.C. 9831 et. seq.) is amended by inserting after
section 642A the following:
`SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION.
`(a) LOCAL INTEGRATION- In general, Head Start agencies shall enter into
ongoing partnerships with local educational agencies, State-funded preschool
and other early childhood programs. Head Start agencies shall operate in
a manner consistent with the goal of creating and expanding an efficient
and effective system of early childhood and school readiness services in
each State and community, while maintaining compliance with standards under
section 641A(a).
`(1) MEMORANDA OF UNDERSTANDING- Each Head Start agency shall enter into
a memorandum of understanding with any local educational agencies or local
councils, responsible for managing publicly funded prekindergarten programs
in the service area of the Head Start agency (or if such agencies and
such councils are not applicable in the service area, with the largest
provider of publicly funded prekindergarten in the service area), that
shall include plans to coordinate the following activities:
`(A) Educational activities, curricula, and instruction aligned to challenging
State developed educational activities, curricula, and instruction aligned
to challenging State developed academic content standards.
`(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 academic content standards and instructional methods.
`(F) Program technical assistance.
`(G) Provision of additional services to meet the child care 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, transportation, 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 understanding under paragraph (1) not later than 1 year after the effective
date of this section.
`(3) SECRETARIAL REVIEW- Each memorandum of understanding entered into
under paragraph (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 (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 Collaboration, all parties shall again attempt to enter
into a memorandum of understanding under paragraph (1). Then if no such
memorandum of understanding is entered into within 30 days, the Secretary
shall make 1 of the following determinations:
`(i) The local educational agency, local council, or other appropriate
entity is unable or unwilling to enter into such a 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 pursuant
to paragraph (1), the Head Start agency shall be found to have a deficiency
and shall be considered by the Secretary in the same manner as other
deficiency findings.
`(C) If the Secretary concludes that the local educational agency, local
council, or other appropriate entity is not making reasonable efforts
to reach such a memorandum of understanding, the Head Start agency shall
not be found out of compliance with paragraph (1).
`(4) REVISION OF MEMORANDA- Each memorandum of understanding shall be
revised and renewed annually by the parties to such memorandum, in alignment
with the beginning of the school year.
`(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
Director of Head Start Collaboration to improve coordination in their
service area.
`(b) STATEWIDE INTEGRATION- From the amounts reserved under section 640(a)(2)(C)(ii),
the Secretary shall award an early learning collaboration grant to each
State for the purposes of supporting a State Early Learning Council responsible
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 the
State Director of Head Start Collaboration, representatives from the State
preschool programs, representatives of local educational agencies, the
State official who oversees child care programs, the State official who
oversees section 619 and part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.), the State official who oversees the
State educational agency, and representatives from Head Start agencies
located in the State, including migrant and seasonal Head Start programs
and Indian Head Start programs. The chief executive officer of the State
may designate an existing entity to serve as the Early Learning Council
if such entity includes representatives 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 30 percent of the cost of carrying out this subsection;
`(3) direct the Early Learning Council--
`(A) to increase coordination and collaboration among State preschool,
Head Start programs, child care programs, early childhood special education,
and other early childhood programs, including in the areas of outcomes
and standards, technical assistance, coordination of services, cross-sector
professional development and training, community outreach, communication,
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, school districts, 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 to provide leadership and assistance to develop
a coherent sequence of standards for children age 3 through the early
elementary grades to effect a smooth transition to and success in the
early elementary grades;
`(D) to conduct periodic statewide needs assessments concerning early
care and education programs for children from birth to school entry;
`(E) to work to identify and address barriers to and opportunities for
integration between entities carrying out Federal and State child development,
child care, and early childhood 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 learning programs with health
care (including mental and behavioral health care), welfare, family
literacy 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 learning
programs and the capacity of such programs to deliver services pursuant
to section 648(b); and
`(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.).
`(4) Nothing in this subsection shall be construed to provide the Early
Learning Council with authority to alter the provisions of this Act.
`(5) Funds made available under this section shall be used to supplement,
and not supplant, other Federal, State, and local funds that would otherwise
be expended to carry out the purposes of this section.'.
SEC. 12. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.
Section 644 of the Head Start Act (42 U.S.C. 9839(f)(2)) is amended--
(A) by inserting `(1) STANDARDS- ' after `(a)'; and
(B) by inserting after the 3d sentence the following:
`(2) ANNUAL REPORT- Each Head Start agency shall make available to the public
a report published at least once in each fiscal year that discloses the
following information from the then most recently concluded fiscal year,
except that reporting such information shall not reveal personally identifiable
information about an individual child:
`(A) The total amount of public and private funds received and the amount
from each source.
`(B) An explanation of budgetary expenditures and proposed budget for
the following fiscal year.
`(C) The total number of children and families served and percent of average
monthly enrollment, including the percent of eligible children 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.
`(F) Information about parent involvement activities.
`(G) The agency's efforts to prepare children for kindergarten.
`(H) Any other information that describes the activities of the agency.
`(3) PROCEDURAL CONDUCT- '; and
(A) by redesignating subparagraphs (A) through (E) as subparagraphs
(B) through (F), respectively; and
(B) by inserting before subparagraph (B), as so redesignated, the following:
`(A) a description of the consultation conducted by the Head Start agency
with the providers 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 effectiveness of the purchase of a facility;'.
SEC. 13. ELIGIBILITY.
Section 645(a) of the Head Start Act (42 U.S.C. 9840) is amended--
(A) in subparagraph (B)(i)--
(i) by striking `to a reasonable extent' and inserting `not to exceed
10 percent of the total enrollment';
(ii) by striking `benefit from such programs' and inserting `benefit
from such programs, including children referred by child welfare services,';
and
(iii) by inserting `(a homeless child shall be deemed to meet the
low-income criteria)' before the semicolon; and
(2) by adding at the end the following:
`(3) The amount of a basic allowance provided under section 403 of title
37, United States Code, on behalf of an individual who is a member of the
uniformed services for housing that is acquired or constructed under the
authority of subchapter IV of chapter 169 of title 10, United States Code,
or any other related provision of law, shall not be considered to be income
for purposes of determining the eligibility of a child of the individual
for programs assisted under this subchapter.'.
SEC. 14. EARLY HEAD START PROGRAMS.
(a) IN GENERAL- Section 645A(b) of the Head Start Act (42 U.S.C. 9840a(b))
is amended--
(1) by amending paragraphs (4) and (5) to read as follows:
`(4) provide services to parents to support their role as parents (including
parenting skills training and training in basic child development) and
to help the families move toward self-sufficiency (including educational
and employment services as appropriate);
`(5) coordinate services with services (including home-based services)
provided by programs in the State and programs in the community (including
programs for infants and toddlers with disabilities and programs for homeless
infants and toddlers) to ensure a comprehensive array of services (such
as health and mental health services, and family support services);';
(2) by amending paragraph (8) to read as follows:
`(8) ensure formal linkages with the agencies and entities described in
section 644(b) of the Individuals with Disabilities Education Act (20
U.S.C. 1444(b)) and providers of early intervention services for infants
and toddlers with disabilities under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) and the agency responsible for
administering section 106 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a);';
(3) by redesignating paragraph (9) as paragraph (11); and
(4) by inserting after paragraph (8) the following:
`(9) develop and implement a systematic procedure for transitioning children
and parents from an Early Head Start program into a Head Start program
or another local early childhood education program;
`(10) establish channels of communication between staff of Early Head
Start programs and staff of Head Start programs or other local early childhood
education programs, to facilitate the coordination of programs; and'.
(b) MIGRANT AND SEASONAL PROGRAMS; COMMUNITY- AND FAITH-BASED ORGANIZATIONS-
Section 645A(d) of the Head Start Act (42 U.S.C. 9840a(d)) is amended--
(1) by amending paragraph (1) to read as follows:
`(1) entities operating Head Start programs under this subpart, including
migrant and seasonal Head Start programs; and'; and
(2) in paragraph (2) by inserting `, including community- and faith-based
organizations' after `entities' the 2d place it appears.
(c) TRAINING AND TECHNICAL ASSISTANCE ACCOUNT- Section 645A(g)(2)(B) of
the Head Start Act (42 U.S.C. 9640a(g)(2)(B)) is amended--
(1) in clause (iii) by striking `and' at the end;
(2) in clause (iv) by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following:
`(v) providing professional development designed to increase program
participation for underserved populations of eligible children.'.
(d) CENTER-BASED STAFF- Section 645A of the Head Start Act (42 U.S.C. 9840a)
is amended by adding at the end the following:
`(h) CENTER-BASED STAFF- The Secretary shall ensure that, not later than
September 30, 2008, all teachers providing direct services to children and
families participating in Early Head Start programs located in Early Head
Start centers have a minimum of a child development associate credential
or an associate degree, and have been trained (or have equivalent course
work) in early childhood development.'.
SEC. 15. PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY INTRUSIVE PHYSICAL
EXAMINATIONS.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by inserting after
section 645A the following:
`SEC. 645B. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES, INCLUDING
NONEMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS.
`(a) Definitions- For purposes of this section:
`(1) The term `health care service' includes--
`(A) any nonemergency intrusive physical examination; and
`(B) any screening, included but not limited to, a medical, dental,
developmental, mental health, social, or behavioral screening.
`(2) The term `nonemergency intrusive physical examination' means, with
respect to a child, a physical examination that--
`(A) is not immediately necessary to protect the health or safety of
such child, or the health or safety of another individual; and
`(B) includes incision or is otherwise invasive, or includes exposure
of private body parts.
`(b) Requirement- Before administering any health care service to a child
(or referring a child to obtain such service) in connection with participation
in a program under this subchapter, a Head Start agency or an entity that
receives assistance under section 645A shall obtain the informed written
consent of a parent of such child indicating consent for each specific health
care service to be performed.
`(c) Rules of Construction-
`(1) Nothing in this section shall be construed to prohibit a Head Start
agency or an entity that receives assistance under section 645A from using
established methods for handling cases of suspected or known child abuse
or neglect that are in compliance with applicable Federal, State, or tribal
law.
`(2) Nothing in this subchapter shall be construed to permit a Head Start
agency, an entity that receives assistance under section 645A, or the
personnel of such agency or entity to administer any health care service
to a child (or to refer a child to obtain such service) without the informed
written consent of a parent of such child indicating consent for each
specific health care service to be performed.
`(3) Nothing in this section shall be construed to require a Head Start
agency or an entity that receives assistance under section 645A to provide
separate consent forms for each specific health care service.'.
SEC. 16. RIGHT TO APPEAL.
Section 646(a)(3) of the Head Start Act (42 U.S.C. 9841(a)(3)) is amended
to read as follows:
`(3) if financial assistance under this subchapter is terminated or reduced,
an application for a noncompeting continuation award is denied based on
a previous failure to comply with terms applicable to financial assistance
previously provided this subchapter, or suspension of financial assistance
is continued for more than 30 days, the recipient with respect to whom
such action is taken shall have the opportunity to appeal such action
in accordance with such procedures, except that no funds made available
under this subchapter may be used to reimburse any such recipient for
legal fees and other costs incurred in pursuing such an appeal;'.
SEC. 17. AUDITS.
Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by adding
at the end the following:
`(c)(1) Not later than 270 days after the end of each fiscal year, each
Head Start agency and each entity that receives assistance under section
645A shall, with financial assistance provided by this subchapter--
`(A) undergo a single audit under the requirements of the Single Audit
Act and submit its financial statement audit and compliance audit of Federal
assistance to the Secretary and to the Federal Audit Clearinghouse an
independent financial audit of the Head Start program if subject to the
Single Audit Act Amendments of 1996; or
`(B) undergo a financial statement audit in accordance with the generally
accepted government auditing standards issued by the American Institute
of Certified Public Accountants and Government Auditing Standards issued
by the Comptroller General of the United States, if not subject to the
Single Audit Act.
`(2) Audits described in subparagraph (A) and (B) shall be carried out by
an auditor selected through a competitive process by the board described
in section 642(b)(4) except when conducted by the State auditor as required
by State law.
`(3) No audit partner shall perform audits of such agency for a period exceeding
5 consecutive fiscal years except when such agency notifies the Secretary
that rotation is not possible because an alternate audit partner is not
available or would present a significant challenge to the agency.
`(4) Not later than 60 days after receiving such audit, the Secretary shall
provide to such agency or such entity, and to the chief executive officer
of the State in which such program is operated, a notice identifying the
actions such agency or such entity is required to take to correct all deficiencies
identified in such audit.
`(d) Each recipient of financial assistance under this subchapter shall--
`(1) maintain, and annually submit to the Secretary, a complete accounting
of its administrative expenses (including a detailed statement identifying
the amount of financial assistance provided under this subchapter used
to pay expenses for salaries and compensation and the amount (if any)
of other funds used to pay such expenses); and
`(2) provide such additional documentation as the Secretary may require.'.
SEC. 18. TECHNICAL ASSISTANCE AND TRAINING.
(a) ALLOCATION OF RESOURCES- Section 648(c) of the Head Start Act (42 U.S.C.
9843(c)) is amended--
(1) in paragraph (2) by inserting `and for activities described in section
1221(b)(3) of the Elementary and Secondary Education Act of 1965' after
`disabilities' ; and
(2) in paragraph (5) by inserting `, including the needs of homeless children
and their families' after `assessment';
(3) in paragraph (10) by striking `and' at the end;
(4) in paragraph (11) by striking the period at the end and inserting
a semicolon; and
(5) by adding the following at the end:
`(12) assist Head Start agencies and programs in increasing program participation
of homeless children; and
`(13) assist Head Start agencies and Head Start programs in improving
outreach to, and the quality of services available to, limited English
proficient children and their families, particularly in communities that
have experienced a large percentage increase in the population of limited
English proficient individuals, as measured by the Bureau of the Census.'.
(b) TRAINING IN USE OF MEDIA- Section 648(d) of the Head Start Act (42 U.S.C.
9843(d)) is amended by inserting `, including community- and faith-based
organizations' after `entities' the first place such term appears.
(c) CHILD DEVELOPMENT AND NATIONAL ASSESSMENT PROGRAM- Section 648(e) of
the Head Start Act (42 U.S.C. 9843(e)) is amended to read as follows:
`(e) The Secretary shall provide, either directly or through grants or other
arrangements, funds from programs authorized under this subchapter to support
an organization to administer a centralized child development and national
assessment program leading to recognized credentials for personnel working
in early childhood development and child care programs, training for personnel
providing services to limited English proficient children (including services
to promote the acquisition of the English language), training for personnel
providing services to children determined to be abused or neglected, training
for personnel providing services to children referred by or receiving child
welfare services, training for personnel in helping children cope with community
violence, and resource access projects for personnel working with disabled
children.'.
(d) ADDRESSING UNIQUE NEEDS- Section 648 of the Head Start Act (42 U.S.C.
9843) is amended by adding at the end the following:
`(f) The Secretary shall provide, either directly or through grants, or
other arrangements, funds for training of Head Start personnel in addressing
the unique needs of migrant and seasonal working families, families with
one or more children with disabilities, families with a limited English
proficiency, and homeless families.
`(g) More than 50 percent of funds expended under this section shall be
used to provide high quality, sustained, intensive, and classroom-focused
training and technical assistance in order to have a positive and lasting
impact on classroom instruction. Funds shall be used to carry out activities
related to any or all of the following:
`(1) Education and early childhood development.
`(2) Child health, nutrition, and safety.
`(3) Family and community partnerships.
`(4) Other areas that impact the quality or overall effectiveness of Head
Start programs.
`(h) The Secretary shall develop and implement an outreach program to train
and recruit African-American and Latino-American men to become Head Start
teachers in order to increase the provision of quality services and instruction
to children with diverse backgrounds.
`(i) Funds under this subchapter used for training shall be used for needs
identified annually by a grant applicant or delegate agency in their program
improvement plan, except that funds shall not be used for long-distance
travel expenses for training activities available locally or regionally
or for training activities substantially similar to locally or regionally
available training activities.
`(j)(1) The Secretary shall work in collaboration with the Head Start agencies
that carry out migrant and seasonal Head Start programs and Indian Head
Start programs, State Directors of Head Start Collaboration, the Indian
Head Start Collaboration Director, the migrant and seasonal Head Start collatoration
director, and other appropriate entities, including tribal governments--
`(A) to accurately determine the number of children nationwide who are
eligible to participate in migrant and seasonal Head Start programs and
in Indian Head Start programs each year;
`(B) to document how many of these children are receiving Head Start services
each year; and
`(C) to the extent practicable, to ensure that access to migrant and seasonal
Head Start programs and in Indian Head Start programs for eligible children
is comparable to access to other Head Start programs for other eligible
children;
`(2) In carrying out paragraph (1)(A), the Secretary shall consult with
the Secretary of Education about the Department of Education's systems for
collecting and reporting data about, and maintaining records on, students
from migrant and seasonal farmworker families and American Indian and Alaska
Native students.
`(3) Not later than 9 months after the effective date of this subsection,
the Secretary shall publish in the Federal Register a notice of how the
Secretary plans to carry out paragraph (1) and shall provide a period for
public comment. To the extent practicable, the Secretary shall consider
comments received before submitting a report to the Congress.
`(4) Not later than 1 year after the effective date of this subsection,
the Secretary shall submit a report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, detailing how the Department of Health
and Human Services plans to carry out paragraph (1).
`(5) The Secretary shall submit annually a report to the Congress detailing
the number of children of migrant and seasonal farmworkers, American Indian
and Alaska Native children who are eligible to participate in Head Start
programs and the number of such children who are enrolled in Head Start
programs.
`(6) The Secretary shall take appropriate action, consistent with section
444 of the General Education Provisions Act, to ensure the protection of
the confidentiality of any personally identifiable data, information, and
records collected or maintained by the Secretary, by Head Start agencies
that carry out migrant and seasonal Head Start programs and in Indian Head
Start programs, by State Directors of Head Start Collaboration, by the Migrant
and Seasonal Farmworker Collaboration Project Director, by the Indian Head
Start Collaboration Project Director, and by other appropriate entities
pursuant to this subsection.
`(7) Nothing in this subsection shall be construed to authorize the development
of a nationwide database of personally identifiable information on individuals
involved in studies or other collections of data under this subsection.
`(k) For purposes of this section, the term `eligible entities' means an
institution of higher education or other entity with expertise in delivering
training in early childhood development, family support, and other assistance
designed to improve the delivery of Head Start services.'.
SEC. 19. STAFF QUALIFICATIONS AND DEVELOPMENT.
(a) CLASSROOM TEACHERS- Section 648A(a)(2) of the Head Start Act (42 U.S.C.
9843a(a)(2)) is amended to read as follows:
`(2) DEGREE REQUIREMENTS-
`(A) IN GENERAL- The Secretary shall ensure that not later than September
30, 2011, at least 50 percent of all Head Start teachers nationwide
in center-based programs have--
`(i) a baccalaureate or advanced degree in early childhood education;
or
`(ii) a baccalaureate or advanced degree in a field related to early
childhood education, with experience in teaching preschool children.
`(B) PROGRESS- Each Head Start agency shall provide to the Secretary
a report indicating the number and percentage of classroom instructors
with child development associate credentials and associate, baccalaureate,
or advanced degrees. The Secretary shall compile all program reports
and make them available to the Committee on Education and the Workforce
of the United States House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the United States Senate.
`(C) REQUIREMENT FOR NEW HEAD START TEACHERS- Within 3 years after the
effective date of this subparagraph, the Secretary shall require that
all Head Start teachers nationwide in center-based programs hired following
the effective date of this subparagraph--
`(i) have an associate, baccalaureate, or advanced degree in early
childhood education or a related field; or
`(ii) be currently enrolled in a program of study leading to an associate
degree in early childhood education and agree to complete degree requirements
within 3 years from the date of hire.
`(D) SERVICE REQUIREMENTS- The Secretary shall establish requirements
to ensure that individuals who receive financial assistance under this
subchapter in order to comply with the requirements under section 648A(a)(2)
shall subsequently teach in a Head Start center for a period of time
equivalent to the period for which they received assistance or repay
the amount of the funds.
`(E) LIMITATION- The Secretary shall require that any Federal funds
provided directly or indirectly to comply with subparagraph (A) shall
be used toward degrees awarded by an institution of higher education,
as defined by sections 101 or 102 of the Higher Education Act (20 U.S.C.
1001-1002).'.
(b) CLASSROOM TEACHERS- Section 648A of the Head Start Act (42 U.S.C. 9843a)
is amended by adding at the end the following:
`(f) PROFESSIONAL DEVELOPMENT PLANS- Each Head Start agency and program
shall create, in consultation with an employee, a professional development
plan for all full-time employees who provide direct services to children.'.
SEC. 20. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
(a) NEW IDEAS AND APPROACHES- Section 649(a)(1)(B) of the Head Start Act
(42 U.S.C. 9844(a)(1)(B)) is amended to read as follows:
`(B) use the Head Start programs to develop, test, and disseminate new
ideas and approaches based on existing scientifically based research,
for addressing the needs of low-income preschool children (including
children with disabilities and children determined to be abused or neglected)
and their families and communities (including demonstrations of innovative
non-center based program models such as home-based and mobile programs),
and otherwise to further the purposes of this subchapter.'.
(b) STUDY- Section 649(d) of the Head Start Act (42 U.S.C. 9844(d) is amended--
(1) in paragraph (8) by adding `and' at the end;
(2) in paragraph (9) by striking the semicolon and inserting a period;
(3) by striking paragraph (10); and
(4) by striking the last sentence.
(c) EXPERT PANEL- Section 649(g) of the Head Start Act (42 U.S.C. 9844(g))
is amended--
(1) in paragraph (1)(A)--
(A) by striking clause (i); and
(B) by redesignating clauses (ii) and (iii) as clauses (i) and (ii),
respectively; and
(2) in paragraph (7)(C)(i) is amended to read as follows:
`(i) Not later than September 30, 2007, the Secretary shall transmit
to the committees specified in clause (ii) the final report.'.
(d) NAS STUDY- Section 649(h) of the Head Start Act (42 U.S.C. 9844(h))
is amended to read as follows:
`(1) IN GENERAL- The Secretary shall use funds allocated in section 640(a)(2)(C)(iii)
to contract with the National Academy of Sciences for the Board on Children,
Youth, and Families of the National Research Council to establish an independent
panel of experts to review and synthesize research, theory and applications
in the social, behavioral and biological sciences and to make recommendations
on early childhood pedagogy with regard to each of the following:
`(A) Age and developmentally appropriate Head Start academic requirements
and outcomes, including the domains in 641A(a)(B).
`(B) Differences in the type, length, mix and intensity of services
necessary to ensure that children from challenging family and social
backgrounds including: low-income children, children of color, children
with special needs, and children with limited English proficiency enter
kindergarten ready to succeed.
`(C) Appropriate assessments of young children (including systematic
observation assessment in a child's natural environment, and parent
and provider interviews) for purposes of improving instruction, services,
and program quality, and accommodations for children with disabilities
and appropriate assessments for children with special needs (including
needs related to the acquisition of the English language).
`(D) An evaluation of the current and appropriate uses of the National
Reporting System developed by the Secretary.
`(2) COMPOSITION- The panel shall consist of multiple experts in each
of the following areas:
`(A) Child development and education, including cognitive, social, emotional,
physical, approaches to learning, and other domains of child development
and learning.
`(B) Professional development, including teacher preparation, to individuals
who teach young children in programs.
`(C) Assessment of young children, including screening, diagnostic and
classroom-based instructional assessment; children with special needs,
including children with disabilities and limited English proficient
children.
`(3) TIMING- The National Academy of Sciences and the Board shall establish
the panel not later than 90 days after the date of the enactment of the
School Readiness Act of 2005. The panel shall complete its recommendations
within 18 months of its convening.
`(4) APPLICATION OF PANEL RECOMMENDATIONS- The recommendations of the
panel shall be used as guidelines by the Secretary to develop, inform
and revise, where appropriate, the Head Start education performance measures
and standards and the assessments utilized in the Head Start program.'.
(e) STUDY OF STATUS OF LIMITED ENGLISH PROFICIENT CHILDREN- Section 649
of the Head Start Act (42 U.S.C. 9844) is amended by adding at the end the
following:
`(i) LIMITED ENGLISH PROFICIENT CHILDREN-
`(1) STUDY- Not later than 1 year after the date of enactment of the School
Readiness Act of 2005, the Secretary shall conduct a study on the status
of limited English proficient children and their families in Head Start
programs and Early Head Start programs.
`(2) REPORT- The Secretary shall prepare and submit to Congress, not later
than September 2008, a report containing the results of such study, including
information on--
`(A)(i) the demographics of limited English proficient children less
than 5 years of age and the geographical distribution of such children;
and
`(ii) the number of such children receiving Head Start services and
the number of such children receiving Early Head Start services, and
the geographical distribution of such children receiving such services;
`(B) the nature of the Head Start services and of the Early Head Start
services provided to limited English proficient children and their families,
including the types, content, duration, intensity, and costs of family
services, language assistance, and educational services;
`(C) procedures in Head Start programs for assessing language needs
and for making the transition of limited English proficient children
to kindergarten, including the extent to which Head Start programs meet
the requirements of section 642A for limited English proficient children;
`(D) the qualifications and training provided to Head Start teachers
and Early Head Start teachers who serve limited English proficient children
and their families;
`(E) the rate of progress made by limited English proficient children
and their families in Head Start programs and in Early Head Start programs,
including--
`(i) the rate of progress made by limited English proficient children
toward meeting the additional educational standards described in section
641A(a)(1)(B)(ii) while enrolled in Head Start programs;
`(ii) the correlation between such progress and the type and quality
of instruction and educational programs provided to limited English
proficient children; and
`(iii) the correlation between such progress and the health and family
services provided by Head Start programs to limited English proficient
children and their families; and
`(F) the extent to which Head Start programs make use of funds under
section 640(a)(3) to improve the quality of Head Start services provided
to limited English proficient children and their families.'.
(f) National Assessmenet System- Section 649 of the Head Start Act (42 U.S.C.
9834), as amended by subsection (d), is amended by adding at the end the
following:
`(j) National Reporting System- The Secretary shall temporarily suspend
the implementation of the National Reporting System pending the completion
of the recommendations required by subsection (h), and shall integrate such
recommendations to develop a national assessment system, as appropriate,
that will inform improving Head Start program success.'.
SEC. 21. REPORTS.
(a) REPORT- Section 650(a) of the Head Start Act (42 U.S.C. 9845(a)) is
amended--
(1) by amending the first sentence to read as follows: `At least once
during every 2-year period, the Secretary shall prepare and submit, to
the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of the Senate,
a report concerning the status of children (including disabled, homeless,
and limited English proficient children) in Head Start programs, including
the number of children and the services being provided to such children.';
and
(2) in paragraph (8) by inserting `, homelessness' after `background'.
(b) NATIONAL REPORTING SYSTEM- Section 650 of the Head Start Act (42 U.S.C.
9845) is amended by adding at the end the following:
`(c) NATIONAL REPORTING SYSTEM- The Secretary shall submit annually to the
Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the Senate,
a report on the status of the National Reporting System developed by the
Secretary. Such report shall include--
`(1) information on all contracts, grants, and expenses relating to the
development and implementation of the National Reporting System;
`(2) information described in section 641A(b)(3)(B); and
`(3) a description of the recommendations made by the Technical Working
Group, including issues of the technical adequacy, purpose, and administration
of the System, and an explanation of how the Secretary plans to address
these recommendations.'.
SEC. 22. LIMITATION ON RATE OF FEDERAL FUNDING FOR COMPENSATION.
Section 653 of the Head Start Act (42 U.S.C. 9848) is amended--
(1) by striking the heading;
(2) by striking `SEC. 653. The' and inserting the following:
`SEC. 653. WAGES AND COMPENSATION.
`(a) COMPARABILITY OF WAGES- The'; and
(3) by adding at the end the following:
`(b) FEDERAL RATE LIMITATION- Notwithstanding any other provision of law,
no Federal funds shall be used to pay all or any part of the compensation
of an individual employed by a Head Start agency in carrying out programs
under this subchapter, either as direct or indirect costs or any proration
thereof, at a rate in excess of the rate then payable for level II of the
Executive Schedule under section 5316 of title 5, United States Code.'.
SEC. 23. LIMITATION ON USE OF FUNDS.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by inserting after
section 656 the following:
`SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS.
`No funds made available to carry out this subchapter may be used--
`(1) for publicity or propaganda purposes not heretofore authorized by
the Congress; or
`(2) unless authorized by law in effect on the effective date of this
section, to produce any prepackaged news story intended for broadcast
or distribution unless such story includes a clear notification contained
within the text or audio of such story stating that the prepackaged news
story was prepared or funded by the Department of Health and Human Services.'.
SEC. 24. CONFORMING AMENDMENT.
Section 641A(a)(2)(A) of the Head Start Act (42 U.S.C. 9836a(a)(2)(A)) is
amended by striking `non-English language background' and inserting `limited
English proficient'.
SEC. 25. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) GENERAL EFFECTIVE DATE- Except as provided in subsections (b) and (c),
this Act and the amendments made by this Act shall take effect on the date
of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS- The amendments made by this Act shall not
apply with respect to any fiscal year that begins before the date of the
enactment of this Act.
(c) PRIORITY IN THE DESIGNATION OF HEAD START AGENCIES-
(1) EFFECTIVE DATE- Section 641(c), as amended by section 7(b) of this
Act, shall take effect exactly twelve months from the date of the enactment
of this Act, except for section 641(c)(5), which shall take effect on
the date of the enactment of this Act.
(2) IMPLEMENTATION RULE- For purposes of carrying out section 641(c) of
the Head Start Act, as amended by section 7(b) of this Act, the Secretary
may only consider the performance of a Head Start program in meeting the
requirements described in section 641(c) of the Head Start Act, as amended
by section 7(b) of this Act, from the date of enactment of this Act, except
any performance that constitutes a deficiency since the then most recent
designation.
SEC. 26. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is further amended
by adding at the end the following new subsection:
`(g) In carrying out the provisions of section 641A, and in addition to
the use of whatever other resources the Secretary deems appropriate, the
Secretary shall--
`(1) contract with an intermediary organization which, in the determination
of the Secretary, meets each of the following criteria--
`(A) focuses on improving the performance management and the use of
technology for non-profit, educational, and social service organizations;
`(B) has demonstrated experience in providing a range of assistance,
including but not limited to--
`(i) assessing performance metrics;
`(ii) the use of technology;
`(iii) improving financial management; and
`(iv) developing recommendations to improve performance and the use
of technology;
`(C) has a proven methodology for systemic change in the not-for-profit
sector, including governmental and nongovernmental entities;
`(D) has demonstrated results in providing performance management support
to small-, mid- and large-size not-for-profit organizations annually
on a pro bono basis;
`(E) has demonstrated the ability to identify areas for program improvement
related to--
`(i) accomplishing the goals and objectives as outlined in Head Start
regulations, reporting criteria and measurement of program outcomes;
`(ii) meeting reporting requirements;
`(iii) using technology in classrooms and enabling its use by administrators;
`(F) has demonstrated the ability to develop an implementation plan
for recommended improvements by the organizations it assists;
`(G) has demonstrated the ability to assist with and provide on-site,
hands-on guidance with the implementation of the recommendations;
`(H) has demonstrated the ability to tailor the assessment and implementation
process to the children and communities served (where appropriate);
and
`(I) has demonstrated the ability to create an online community that
allows Head Start administrators, teachers, service providers, parents,
policy makers, and other stakeholders to communicate and provide support
during and following the assessment and subsequent implementation process;
`(2) utilize the intermediary organization selected in paragraph (1) not
later than 90 days from the date of enactment of this Act to--
`(A) assess the performance of the Secretary in overseeing the Head
Start Bureau and ensuring the effective management of the Head Start
program in the areas of finance, operations, human capital, and customer
service;
`(B) evaluate the Department's organizational structure, policies, and
procedures for managing Head Start grant recipients, make recommendations
to improve national program quality and maximize the efficiency in the
use of program dollars, and support implementation of the recommendations;
`(C) evaluate the Secretary's administrative resource allocations to
determine if investment is properly targeted based on risk assessment
to address the program's most significant national and local challenges,
and propose adjustments as appropriate;
`(D) evaluate and identify best practice Head Start models and build
process models to enable their replication;
`(E) develop early warning systems to identify Head Start programs that
need intervention;
`(F) evaluate processes to assist Head Start programs that need intervention
in implementing necessary program improvements;
`(G) evaluate the effectiveness of the current process for selecting
Head Start organizations and develop and implement improvements to ensure
that performance metrics emerge as a key criteria for evaluating successful
Head Start applicants, including the creation of evaluation criteria
that ensure the selection of quality Head Start applicants;
`(H) evaluate how the Department targets resources to remedy ongoing
problems or deficiencies in the program's management or governance,
and propose solutions as appropriate; and
`(I) conduct a detailed assessment of the Secretary's ability to monitor
grantees.'.
SEC. 27. ALLOTMENT OF FUNDS.
Section 640(a)(2) of the Head Start Act (42 U.S.C. 9835) is further amended
by adding at the end the following new clause:
`(v) not less than $7,500,000 of the amount in clause (iii) appropriated
for fiscal years 2006 and 2007 shall be made available to carry out
activities described in section 641A(g).'.
SEC. 28. TEACHER RETENTION REPORT.
Not later than one year after implementation of the Head Start teacher qualifications
and development under amendments made by this Act, the Secretary of Health
and Human Services shall submit to Congress a report on Head Start teacher
retention levels.
SEC. 29. IMPROVING HEAD START ACCESS FOR HOMELESS AND FOSTER CHILDREN.
(a) Definitions- Section 637 of the Head Start Act (42 U.S.C. 9832) is amended
by adding at the end the following:
`(18) The term `family' means all persons living in the same household
who are--
`(A) supported by the income of at least 1 parent or guardian (including
any relative acting in place of a parent, such as a grandparent) of
a child enrolling or participating in the Head Start program; and
`(B) related to the parent or guardian by blood, marriage, or adoption.
`(19) The term `homeless child' means a child described in section 725(2)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
`(20) The term `homeless family' means the family of a homeless child.'.
(b) Allotment of Funds; Limitations on Assistance-
(1) QUALITY IMPROVEMENT- Section 640(a)(3) of the Head Start Act (42 U.S.C.
9835(a)(3)) is amended--
(A) in subparagraph (B)--
(i) in clause (ii), by inserting `children in foster care, children
referred to Head Start programs by child welfare agencies, ' after
`background'; and
(ii) in clause (v), by inserting `, including collaboration to increase
program participation by underserved populations, including homeless
children, eligible children in foster care, and children referred
to Head Start programs by child welfare agencies' before the period;
and
(B) in subparagraph (C)--
(I) by inserting `homeless children, children in foster care, children
referred to Head Start programs by child welfare agencies, ' after
`dysfunctional families'; and
(II) by inserting `and families' after `communities';
(I) by inserting `homeless children, children in foster care, children
referred to Head Start programs by child welfare agencies,' after
`dysfunctional families'; and
(II) by inserting `and families' after `communities';
(iii) by redesignating clause (vi) as clause (viii); and
(iv) by inserting after clause (v) the following:
`(vi) To conduct outreach to homeless families and to increase Head
Start program participation by homeless children.'.
(2) COLLABORATION GRANTS- Section 640(a)(5)(C)(iv) of the Head Start Act
(42 U.S.C. 9835(a)(5)(C)(iv)) is amended--
(A) by inserting `child welfare (including child protective services),'
after `child care,';
(B) by inserting `home-based services (including home visiting services),'
after `family literacy services'; and
(3) ALLOCATION OF FUNDS- Section 640(g)(2) of the Head Start Act (42 U.S.C.
9835(g)(2)) is amended--
(A) in subparagraph (C)--
(i) by inserting `organizations and agencies providing family support
services, child abuse prevention services, protective services, and
foster care, and' after `(including'; and
(ii) by striking `and public entities serving children with disabilities'
and inserting `, public entities, and individuals serving children
with disabilities and homeless children (including local educational
agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)))';
(B) in subparagraph (H), by inserting `(including the local educational
agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)))' after `community
involved'.
(c) Research, Demonstrations, and Evaluation- Section 649 of the Head Start
Act (42 U.S.C. 9844) is amended in subsection (a)(1)(B), by striking `disabilities)'
and inserting `disabilities, homeless children, children who have been abused
or neglected, and children in foster care'.
(d) Reports- Section 650(a) of the Head Start Act (42 U.S.C. 9846(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking `disabled and'
and inserting `disabled children, homeless children, children in foster
care, and';
(2) in paragraph (8), by inserting `homelessness, whether the child is
in foster care or was referred by a child welfare agency,' after `background'.
SEC. 30. CHILDREN AFFECTED BY HURRICANE KATRINA.
(a) Definitions- For the purposes of this section, the following definitions
apply:
(1) CHILDREN AFFECTED BY HURRICANE KATRINA- The term `children affected
by Hurricane Katrina' means a child who is not older than 5 and who resides
or who resided on August 22, 2005, in an area in which the President has
declared that a major disaster exists.
(2) IMPACTED HEAD START AGENCIES- The term `impacted Head Start Agencies'
means a Head Start agency receiving a significant number of children from
an area in which a major disaster has been declared.
(3) MAJOR DISASTER- The term `major disaster' means a major disaster declared
by the President in accordance with section 401 of the Robert T. Stafford
Disaster Relief Emergency Assistance Act (42 U.S.C. 4170), related to
Hurricane Katrina.
(b) Techical Assistance, Guidance, and Resources- The Secretary shall provide
technical assistance, guidance, and resources through the Region 4 and Region
6 offices of the Administration for Children and Families (and may provide
technical assistance, guidance, and resources, through other regional offices
of the Administration, at the request of such offices, that administer affected
Head Start agencies) to Head Start agencies in areas in which a major disaster
has been declared, and to affected Head Start agencies, to assist the agencies
involved in providing Head Start services to children affected by Hurricane
Katrina.
(c) Waiver- For such period up to March 31, 2006, and to such extent as
the Secretary considers appropriate, the Secretary of Health and Human Services--
(1) may waive section 640(b) of the Head Start Act; and
(2) shall waive requirements of documentation for children affected by
Hurricane Katrina who participate in Head Start programs and Early Head
Start programs funded under the Head Start Act.
SEC. 31. DISCRIMINATION PROVISIONS.
Section 654 of the Head Start Act is amended to read as follows:
`SEC. 654 NONDISCRIMINATION PROVISIONS.
`(a)(1) The Secretary shall not provide financial assistance for any program,
project, or activity under this subchapter unless the grant or contract
with respect thereto specifically provides that no person with responsibilities
in the operation thereof will discriminate with respect to any such program,
project, or activity because of race, creed, color, national origin, sex,
political affiliation, or beliefs.
`(2) Paragraph (1) shall not apply to a recipient of financial assistance
under this subchapter that is a religious corporation, association, educational
institution, or society, with respect to the employment of individuals of
a particular religion to perform work connected with the carrying on by
such corporation, association, educational institution, or society of its
activities. Such recipients shall comply with the other requirements contained
in this subsection.
`(b) No person in the United States shall on the ground of sex be excluded
from participation in, be denied the benefits of, be subjected to discrimination
under, or be denied employment in connection with any program or activity
receiving assistance under this subchapter. The Secretary shall enforce
the provisions of the preceding sentence in accordance with section 602
of the Civil Rights Act of 1964. Section 603 of such Act shall apply with
respect to any action taken by the Secretary to enforce such sentence. This
section shall not be construed as affecting any other legal remedy that
a person may have if such person is excluded from participation in, denied
the benefit of, subjected to discrimination under, or denied employment
(except as provided in subsection (a)(2)), in the administration of any
program, project, or activity receiving assistance under this subchapter.
`(c) The Secretary shall not provide financial assistance for any program,
project, or activity under this subchapter unless the grant or contract
relating to the financial assistance specifically provides that no person
with responsibilities in the operation of the program, project, or activity
will discriminate against any individual because of a handicapping condition
in violation of section 504 of the Rehabilitation Act of 1973, except as
provided in subsection (a)(2).'.
Passed the House of Representatives September 22, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 258
109th CONGRESS
1st Session
H. R. 2123
AN ACT
To reauthorize the Head Start Act to improve the school readiness of disadvantaged
children, and for other purposes.
October 25, 2005
Read twice and placed on the calendar
END
