20 USC 9403 - Prohibitions

Collapse to view only § 9403. Prohibitions

§ 9401. Purposes
§ 9402. Definitions
§ 9403. Prohibitions
§ 9404. Authorization and appropriation of funds
§ 9405. Coordination of Federal programs
§ 9406. Program authorized
§ 9407. Uses of funds
§ 9408. Reservations and allotments
§ 9409. Grant administration
§ 9410. State requirements
§ 9411. Local allocations
§ 9412. Local applications
§ 9413. Local administration

§ 9401. Purposes

The purposes of this chapter are—

(1) to increase the availability of voluntary programs, services, and activities that support early childhood development, increase parent effectiveness, and promote the learning readiness of young children so that young children enter school ready to learn;

(2) to support parents, child care providers, and caregivers who want to incorporate early learning activities into the daily lives of young children;

(3) to remove barriers to the provision of an accessible system of early childhood learning programs in communities throughout the United States;

(4) to increase the availability and affordability of professional development activities and compensation for caregivers and child care providers; and

(5) to facilitate the development of community-based systems of collaborative service delivery models characterized by resource sharing, linkages between appropriate supports, and local planning for services.

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 802], Dec. 21, 2000, 114 Stat. 2763, 2763A–80.)

§ 9402. Definitions

In this chapter:

(1) Caregiver

(2) Child care provider

(3) Early learning

(4) Early learning program

The term “early learning program” means—

(A) a program of services or activities that helps parents, caregivers, and child care providers incorporate early learning into the daily lives of young children; or

(B) a program that directly provides early learning to young children.

(5) Indian tribe

(6) Local Council

(7) Locality

(8) Parent

(9) Poverty line

(10) Regional Corporation

(11) Secretary

(12) State

(13) Training

The term “training” means instruction in early learning that—

(A) is required for certification under State and local laws, regulations, and policies;

(B) is required to receive a nationally or State recognized credential or its equivalent;

(C) is received in a postsecondary education program focused on early learning or early childhood development in which the individual is enrolled; or

(D) is provided, certified, or sponsored by an organization that is recognized for its expertise in promoting early learning or early childhood development.

(14) Young child

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 803], Dec. 21, 2000, 114 Stat. 2763, 2763A–81.)

§ 9403. Prohibitions

(a) Participation not required

(b) Rights of parents

(d) Nonduplication

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 804], Dec. 21, 2000, 114 Stat. 2763, 2763A–82.)

§ 9404. Authorization and appropriation of funds

There are authorized to be appropriated to the Department of Health and Human Services to carry out this chapter—

(1) $750,000,000 for fiscal year 2001;

(2) $1,000,000,000 for fiscal year 2002;

(3) $1,500,000,000 for fiscal year 2003; and

(4) such sums as may be necessary for each of the fiscal years 2004 and 2005.

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 805], Dec. 21, 2000, 114 Stat. 2763, 2763A–82.)

§ 9405. Coordination of Federal programs

(a) Coordination

(b) Use of equipment and supplies

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 806], Dec. 21, 2000, 114 Stat. 2763, 2763A–82.)

§ 9406. Program authorized

(a) Grants

(b) Federal share

(1) In general

(2) Non-Federal share

(d) Supplement not supplant

(e) Special rule

If funds appropriated to carry out this chapter are less than $150,000,000 for any fiscal year, the Secretary shall award grants for the fiscal year directly to Local Councils, on a competitive basis, to pay the Federal share of the cost of carrying out early learning programs in the locality served by the Local Council. In carrying out the preceding sentence—

(1) subsection (c), subsections (b) and (c) of section 9409 of this title, and paragraphs (1), (2), and (3) of section 9410(a) of this title shall not apply;

(2) State responsibilities described in section 9410(d) of this title shall be carried out by the Local Council with regard to the locality;

(3) the Secretary shall provide such technical assistance and monitoring as necessary to ensure that the use of the funds by Local Councils and the distribution of the funds to Local Councils are consistent with this chapter; and

(4) subject to paragraph (1), the Secretary shall assume the responsibilities of the Lead State Agency under this chapter, as appropriate.

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 807], Dec. 21, 2000, 114 Stat. 2763, 2763A–82.)

§ 9407. Uses of funds

(a) In general

(b) Limited uses

Subject to section 9409 of this title, Lead State Agencies and Local Councils shall ensure that funds made available under this chapter to the agencies and Local Councils are used for three or more of the following activities:

(1) Helping parents, caregivers, child care providers, and educators increase their capacity to facilitate the development of cognitive, language comprehension, expressive language, social-emotional, and motor skills, and promote learning readiness.

(2) Promoting effective parenting.

(3) Enhancing early childhood literacy.

(4) Developing linkages among early learning programs within a community and between early learning programs and health care services for young children.

(5) Increasing access to early learning opportunities for young children with special needs, including developmental delays, by facilitating coordination with other programs serving such young children.

(6) Increasing access to existing early learning programs by expanding the days or times that the young children are served, by expanding the number of young children served, or by improving the affordability of the programs for low-income families.

(7) Improving the quality of early learning programs through professional development and training activities, increased compensation, and recruitment and retention incentives, for early learning providers.

(8) Removing ancillary barriers to early learning, including transportation difficulties and absence of programs during nontraditional work times.

Each Lead State Agency designated under section 9409(c) of this title and Local Councils receiving a grant under this chapter shall ensure—

(1) that Local Councils described in section 9413 of this title work with local educational agencies to identify cognitive, social, emotional, and motor developmental abilities which are necessary to support children’s readiness for school;

(2) that the programs, services, and activities assisted under this chapter will represent developmentally appropriate steps toward the acquisition of those abilities; and

(3) that the programs, services, and activities assisted under this chapter collectively provide benefits for children cared for in their own homes as well as children placed in the care of others.

(d) Sliding scale payments

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 808], Dec. 21, 2000, 114 Stat. 2763, 2763A–83.)

§ 9408. Reservations and allotments

(a) Reservation for Indian tribes, Alaska Natives, and Native Hawaiians

The Secretary shall reserve 1 percent of the total amount appropriated under section 9404 of this title for each fiscal year, to be allotted to Indian tribes, Regional Corporations, and Native Hawaiian entities, of which—

(1) 0.5 percent shall be available to Indian tribes; and

(2) 0.5 percent shall be available to Regional Corporations and Native Hawaiian entities.

(b) Allotments

From the funds appropriated under this chapter for each fiscal year that are not reserved under subsection (a), the Secretary shall allot to each State the sum of—

(1) an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger in the State bears to the number of such children in all States; and

(2) an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger living in families with incomes below the poverty line in the State bears to the number of such children in all States.

(d) Availability of funds

(e) Data

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 809], Dec. 21, 2000, 114 Stat. 2763, 2763A–84.)

§ 9409. Grant administration

(a) Federal administrative costs

(b) State administrative costsA State that receives a grant under this chapter may use—

(1) not more than 2 percent of the funds made available through the grant to carry out activities designed to coordinate early learning programs on the State level, including programs funded or operated by the State educational agency, health, children and family, and human service agencies, and any State-level collaboration or coordination council involving early learning and education, such as the entities funded under section 9835(a)(2)(B)(vi) of title 42;

(2) not more than 2 percent of the funds made available through the grant for the administrative costs of carrying out the grant program and the costs of reporting State and local efforts to the Secretary; and

(3) not more than 3 percent of the funds made available through the grant for training, technical assistance, and wage incentives provided by the State to Local Councils.

(1) In general

(2) Lead State Agency

(A) Allocation of funds

(B) Functions of agencyIn addition to allocating funds pursuant to subparagraph (A), the Lead State Agency shall—

(i) advise and assist Local Councils in the performance of their duties under this chapter;

(ii) develop and submit the State application;

(iii) evaluate and approve applications submitted by Local Councils under section 9412 of this title;

(iv) ensure collaboration with respect to assistance provided under this chapter between the State agency responsible for education and the State agency responsible for children and family services;

(v) prepare and submit to the Secretary, an annual report on the activities carried out in the State under this chapter, which shall include a statement describing how all funds received under this chapter are expended and documentation of the effects that resources under this chapter have had on—(I) parental capacity to improve learning readiness in their young children;(II) early childhood literacy;(III) linkages among early learning programs;(IV) linkages between early learning programs and health care services for young children;(V) access to early learning activities for young children with special needs;(VI) access to existing early learning programs through expansion of the days or times that children are served;(VII) access to existing early learning programs through expansion of the number of young children served;(VIII) access to and affordability of existing early learning programs for low-income families;(IX) the quality of early learning programs resulting from professional development, and recruitment and retention incentives for caregivers; and(X) removal of ancillary barriers to early learning, including transportation difficulties and absence of programs during nontraditional work times; and

(vi) ensure that training and research is made available to Local Councils and that such training and research reflects the latest available brain development and early childhood development research related to early learning.

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 810], Dec. 21, 2000, 114 Stat. 2763, 2763A–85; Pub. L. 110–134, § 29(b), Dec. 12, 2007, 121 Stat. 1449.)

§ 9410. State requirements

(a) Eligibility

To be eligible for a grant under this chapter, a State shall—

(1) ensure that funds received by the State under this chapter shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under State law;

(2) designate a Lead State Agency under section 9409(c) of this title to administer and monitor the grant and ensure State-level coordination of early learning programs;

(3) submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require;

(4) ensure that funds made available under this chapter are distributed on a competitive basis throughout the State to Local Councils serving rural, urban, and suburban areas of the State; and

(5) assist the Secretary in developing mechanisms to ensure that Local Councils receiving funds under this chapter comply with the requirements of this chapter.

(b) State preference

In awarding grants to Local Councils under this chapter, the State, to the maximum extent possible, shall ensure that a broad variety of early learning programs that provide a continuity of services across the age spectrum assisted under this chapter are funded under this chapter, and shall give preference to supporting—

(1) a Local Council that meets criteria, that are specified by the State and approved by the Secretary, for qualifying as serving an area of greatest need for early learning programs; and

(2) a Local Council that demonstrates, in the application submitted under section 9412 of this title, the Local Council’s potential to increase collaboration as a means of maximizing use of resources provided under this chapter with other resources available for early learning programs.

In awarding grants under this chapter, Local Councils shall give preference to supporting—

(1) projects that demonstrate their potential to collaborate as a means of maximizing use of resources provided under this chapter with other resources available for early learning programs;

(2) programs that provide a continuity of services for young children across the age spectrum, individually, or through community-based networks or cooperative agreements; and

(3) programs that help parents and other caregivers promote early learning with their young children.

(d) Performance goals

(1) Assessments

(2) Performance goals

(3) Requirement

(4) Report

(5) Improvement plans

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 811], Dec. 21, 2000, 114 Stat. 2763, 2763A–86.)

§ 9411. Local allocations

(a) In general

(b) Limitation

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 812], Dec. 21, 2000, 114 Stat. 2763, 2763A–88.)

§ 9412. Local applications

(a) In general

(b) Contents

Each application submitted pursuant to subsection (a) shall include a statement ensuring that the local government entity, Indian tribe, Regional Corporation, or Native Hawaiian entity has established or designated a Local Council under section 9413 of this title, and the Local Council has developed a local plan for carrying out early learning programs under this chapter that includes—

(1) a needs and resources assessment concerning early learning services and a statement describing how early learning programs will be funded consistent with the assessment;

(2) a statement of how the Local Council will ensure that early learning programs will meet the performance goals reported by the Lead State Agency under this chapter; and

(3) a description of how the Local Council will form collaboratives among local youth, social service, and educational providers to maximize resources and concentrate efforts on areas of greatest need.

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 813], Dec. 21, 2000, 114 Stat. 2763, 2763A–88.)

§ 9413. Local administration

(a) Local Council

(1) In general

To be eligible to receive funds under this chapter, a local government entity, Indian tribe, Regional Corporation, or Native Hawaiian entity, as appropriate, shall establish or designate a Local Council, which shall be composed of—

(A) representatives of local agencies directly affected by early learning programs assisted under this chapter;

(B) parents;

(C) other individuals concerned with early learning issues in the locality, such as representative entities providing elementary education, child care resource and referral services, early learning opportunities, child care, and health services; and

(D) other key community leaders.

(2) Designating existing entity

(3) Functions

(b) Administration

(1) Administrative costs

(2) Fiscal agent

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 814], Dec. 21, 2000, 114 Stat. 2763, 2763A–88.)