This Act may be cited as the “Child Care for Working Families Act”.

Section 658A(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is amended—

Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended by striking all that follows the section heading and inserting the following:

Section 658C of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858a) is amended to read as follows:

Section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b) is amended—

(a) Plan requirements.—Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended—

(1) in paragraph (2)—

(A) in subparagraph (A)—

(i) by striking the matter preceding clause (i) and inserting the following:

“(A) SUPPORTING WORKING PARENTS.—Support working parents by providing assurances that—”; and

(ii) by striking clause (i)(II) and inserting the following:

“(II) to enroll such child with a child care provider who has received a child care certificate from such parent or parents;”;

(B) in subparagraph (E)—

(i) in clause (i)—

(I) by striking subclause (II) and inserting the following:

“(II) the State's tiered and transparent system for measuring the quality of child care providers, described in subparagraph (W)(i), including—

“(aa) a description of the national standards or other equally rigorous and evidence-based standards tied to child outcomes that the State uses for purposes of subparagraph (W)(i)(II)(aa);

“(bb) the payment rates referred to in paragraph (4), for providers at each tier of such system; and

“(cc) the number and percentage of eligible providers at each tier of such system, in total and disaggregated by geographic location;”;

(II) in subclause (IV), by inserting “the program carried out under title II of the Child Care for Working Families Act,” after “9831 et seq.),”; and

(III) in subclause (VII), by striking “and” at the end;

(ii) in clause (ii), by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

“(iii) information about the State's wage ladder described in subparagraph (G)(iii); and

“(iv) information on opportunities for staff of child care providers to improve their skills and credentials, including information about training opportunities and professional organizations that provide such training.”;

(C) in subparagraph (G)—

(i) in clause (i), by striking “and professional development requirements” and inserting “, professional development, and compensation requirements”;

(ii) in clause (ii)(V)—

(I) by redesignating item (dd) as item (ee);

(II) in item (cc), by striking “and”; and

(III) by inserting after item (cc) the following:

“(dd) infants and toddlers with disabilities; and”;

(iii) by redesignating clauses (iii) and (iv) as clauses (v) and (vi), respectively; and

(iv) by inserting after clause (ii) the following:

“(iii) COMPENSATION.—The plan shall provide a description of the State’s wage ladder for staff of eligible child care providers, and an assurance that wages for such staff will, at a minimum, meet the requirements of paragraph (4)(B)(iii)(II).

“(iv) STAKEHOLDER ENGAGEMENT.—The plan shall demonstrate how the State will facilitate participation of staff of eligible child care providers in organizations that foster the professional development and stakeholder engagement of the child care workforce.”;

(D) in subparagraph (I)—

(i) in clause (i)(XI), by striking “and” at the end;

(ii) in clause (ii), by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(iii) may include a requirement to comply with the standards recommended in the Department of Health and Human Services’ report entitled ‘Caring for Our Children Basics: Health and Safety Foundations for Early Care and Education’, issued on June 25, 2015.”;

(E) in subparagraph (K)(i), in the matter preceding subclause (I), by striking “, not later than 2 years after the date of enactment of the Child Care and Development Block Grant Act of 2014,”;

(F) in subparagraph (M)—

(i) by adding “investment of quality child care amounts described in section 658G(a)(1),” after “parents,”;

(ii) by redesignating clause (iv) as clause (v);

(iii) in clause (iii), by striking “, as defined by the State; and” and inserting a semicolon; and

(iv) by inserting after clause (iii) the following:

“(iv) infants and toddlers with disabilities; and”;

(G) in subparagraph (N)—

(i) in clause (i)(I), by striking “, if that family income does not exceed 85 percent of the State median income for a family of the same size”;

(ii) in clause (ii), by striking “(especially parents in families receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.))”; and

(iii) by striking clause (iv);

(H) in subparagraph (O)—

(i) in clause (i), by striking “with programs operating” and all that follows and inserting “with programs, operating at the Federal, State, and local levels for children, that are—

“(I) preschool programs, programs funded under title II of the Child Care for Working Families Act, programs funded under section 657C of the Head Start Act, tribal early childhood programs, and other early childhood programs, including those serving infants and toddlers with disabilities;

“(II) programs serving homeless children and children in foster care; and

“(III) programs funded under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).”;

(ii) by striking clause (ii); and

(iii) by redesignating clause (iii) as clause (ii);

(I) in subparagraph (Q)—

(i) by striking “low-income populations” and inserting “children in underserved areas, children with disabilities, and infants and toddlers with disabilities”;

(ii) by striking “high-quality” and inserting “high-quality and inclusive”; and

(iii) by inserting before the period the following: “and to children with disabilities and infants and toddlers with disabilities”;

(J) by striking subparagraph (S) and inserting the following:

“(S) PROHIBITION ON SUSPENSIONS, EXPULSIONS, AND AVERSIVE BEHAVIORAL INTERVENTIONS.—The State plan shall provide an assurance that the State will provide assistance to carry out this subchapter only to eligible child care providers that prohibit—

“(i) the use of suspension and expulsion of children; and

“(ii) the use of aversive behavioral interventions.”;

(K) in subparagraph (T)—

(i) in clause (i)—

(I) in the matter preceding subclause (I), by striking “(or develop such guidelines if the State does not have such guidelines as of the date of enactment of the Child Care and Development Block Grant Act of 2014)”; and

(II) in subclause (I), by striking “research-based” and inserting “evidence-based”; and

(ii) in clause (iv)—

(I) by striking subclauses (II) and (III);

(II) by striking “Federal Government” and all that follows through “mandate” and inserting “Federal Government to mandate”; and

(III) by striking “section;” and inserting “section.”;

(L) in subparagraph (U)—

(i) in clause (ii), by inserting “the State’s lead agency established or designated under section 635(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1435(a)(10)),” after “the State resource and referral system, ”; and

(ii) in clause (iii)(I), by inserting “infants and toddlers with disabilities,” after “children with disabilities,”; and

(M) by adding at the end the following:

“(W) TIERED AND TRANSPARENT SYSTEM FOR MEASURING THE QUALITY OF CHILD CARE PROVIDERS.—The State plan shall describe how the State will develop or revise with input from child care providers, from families, and from organizations representing child care directors, teachers, and other staff, within 3 years after the date of submission of the State application, systems for measuring the quality of eligible child care providers who provide services for which assistance is made available under this subchapter, that consist of—

“(i) a tiered and transparent system for measuring the quality of eligible child care providers who serve eligible children, that—

“(I) applies to eligible child care providers (except providers of family, friend, or neighbor care that elect to be covered under clause (ii));

“(II) includes a set of standards, for determining the tier of quality of a child care provider, that—

“(aa) uses the degree to which the provider meets national standards (which may be Head Start program performance standards described in section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)) or standards for national accreditation of early learning programs) or other equally rigorous and evidence-based standards that are tied to child outcomes; and

“(bb) includes indicators that are appropriate for different types of providers, including child care centers and family child care providers, and are appropriate for providers serving different age groups (including mixed age groups) of children, while maintaining a high level of quality child care by all of the different types of providers and for all of the different age groups (including mixed age groups);

“(III) includes a different set of standards that includes different indicators, to be applied, when appropriate, for care during nontraditional hours of operation; and

“(IV) in conjunction with the increasing payment rates under paragraph (4) (increasing due to factors specified in paragraph (4) such as the cost estimation model and quality basis for payment rates), provides for sufficient resources to enable standards at the entry tier for such system to increase in rigor over time; and

“(ii) a separate system of quality standards for providers concerning developmentally appropriate and age-appropriate care that—

“(I) applies to eligible child care providers of family, friend, or neighbor care (except such providers that elect to be covered under clause (i)); and

“(II) includes standards for care during nontraditional hours of operation and traditional hours of operation.

“(X) PROHIBITION ON CHARGING MORE THAN COPAYMENT.—The State plan shall provide that, after the systems described in subparagraph (W) are in effect, child care providers receiving financial assistance under this subchapter may not charge the family of an eligible child more than the total of—

“(i) the financial assistance provided to the family under this subchapter; and

“(ii) any applicable copayment pursuant to paragraph (5).

“(Y) POLICIES TO SUPPORT CHILDREN WITH DISABILITIES AND INFANTS AND TODDLERS WITH DISABILITIES.—The State plan shall provide a description of—

“(i) how the State will ensure that eligible child care providers, except for providers of family, friend, or neighbor care that elect to be covered under subparagraph (W)(ii), will prioritize children with disabilities and infants and toddlers with disabilities for slots in programs carried out by the providers; and

“(ii) how the State will work with the State’s lead agency established or designated under section 635(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1435(a)(10)), local educational agencies, and early intervention services providers to provide services and supports described in the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in inclusive child care settings to children with disabilities, and to infants and toddlers with disabilities, who are eligible children.”;

(2) in paragraph (3)—

(A) in the paragraph heading, by striking “block grant”;

(B) in subparagraph (A), by striking “subparagraphs (B) through (D)” and inserting “subparagraph (C)”;

(C) by striking subparagraph (B) and inserting the following:

“(B) CHILD CARE SERVICES AND RELATED ACTIVITIES.—The State shall use amounts provided to the State for each fiscal year under this subchapter for child care services, provided on a sliding fee scale basis, and the activities described in section 658G.”;

(D) by striking subparagraph (C);

(E) in subparagraph (D), by striking “provide assistance” and inserting “provide assistance (including providing access to programs that meet the standards for a high tier of the system described in paragraph (2)(W)(i))”;

(F) by striking subparagraph (E); and

(G) by redesignating subparagraph (D) as subparagraph (C); and

(3) by striking paragraphs (4) and (5) and inserting the following:

“(4) PAYMENT RATES.—

“(A) IN GENERAL.—The State plan shall—

“(i) certify that payment rates for the provision of child care services for which assistance is provided in accordance with this subchapter—

“(I) will be based on a cost estimation model that is described in subparagraph (B) and is approved by the Secretary of Health and Human Services; and

“(II) will correspond to differences in quality based on the State's tiered and transparent system for measuring the quality of child care providers, described in paragraph (2)(W)(i), and based on the standards described in paragraph (2)(W)(ii); and

“(ii) specify whether the State is electing—

“(I) to include, in those payment rates, a bonus for serving children during nontraditional hours; or

“(II) to waive the copayment described in paragraph (5) for a child who has been identified as eligible for assistance from child protective services.

“(B) COST ESTIMATION MODEL.—The State plan shall—

“(i) demonstrate that the State has, after consulting with the entities and individuals described in subparagraph (D), developed and used (not earlier than 3 years before the date of the submission of the application containing the State plan) a statistically valid and reliable cost estimation model for the rates of such child care services in the State—

“(I) for providers at each of the tiers of the State's tiered and transparent system for measuring the quality of child care providers described in paragraph (2)(W)(i) (which rates reflect variations in the cost of child care services by geographic area, type of provider, and age of child, and the additional costs associated with providing high-quality and inclusive child care services for children with disabilities and infants and toddlers with disabilities); and

“(II) for providers that meet the standards described in paragraph (2)(W)(ii);

“(ii) demonstrate that the State prepared a detailed report containing the child care costs estimated with the State cost estimation model pursuant to clause (i), and made the estimated costs widely available (not later than 30 days after the completion of the estimation) through periodic means, including posting the estimated costs on the Internet;

“(iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter—

“(I) in accordance with the most recent estimates from the most recent cost estimation model used pursuant to clause (i), so that providers at each tier of the tiered and transparent system for measuring program quality receive payment that is not less than the cost of meeting the requirements of such tier; and

“(II) that maintain an effective and diverse workforce by ensuring wages for staff of child care providers that—

“(aa) are comparable to wages for elementary educators with similar credentials and experience in the State; and

“(bb) at a minimum, provide a living wage for all staff of child care providers; and

“(iv) describe how the State will provide for timely payment for child care services provided under this subchapter.

“(C) PAYMENT PRACTICES.—The State plan shall include—

“(i) a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, including the practice of paying the providers the payment rate described in subparagraph (A)(i) based on the number of children enrolled and not the number of children in daily attendance, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter; and

“(ii) an assurance that the State will implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider payment rates from an eligible child’s occasional absences due to holidays or unforeseen circumstances such as illness.

“(D) ENTITIES AND INDIVIDUALS CONSULTED.—The entities and individuals referred to in subparagraph (B)(i) are the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), administrators of local child care programs and Head Start programs, organizations representing child care directors, teachers, and other staff, local child care resource and referral agencies, organizations representing parents of children with disabilities and parents of infants and toddlers with disabilities, the State interagency coordinating council established under section 641 of the Individuals with Disabilities Education Act (20 U.S.C. 1441), the State advisory panel established under section 612(a)(21) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(21)), and other appropriate entities.

“(5) SLIDING SCALE FOR COPAYMENTS.—

“(A) IN GENERAL.—Except as provided in subparagraphs (B)(i) and (C), the State plan shall provide an assurance that the State will require—

“(i) a family receiving assistance under this subchapter to pay the copayment referred to in paragraph (2)(X); or

“(ii) another entity to pay the copayment on behalf of the family, voluntarily or in accordance with Federal law.

“(B) SLIDING SCALE.—Such copayment shall be based on a sliding scale that provides that, for a family with a family income—

“(i) of not more than 75 percent of State median income, the family shall not pay a copayment, toward the cost of the child care involved for all eligible children in the family;

“(ii) of more than 75 percent but not more than 100 percent of State median income, the copayment shall be more than 0 but not more than 2 percent of that family income, toward such cost for all such children;

“(iii) of more than 100 percent but not more than 125 percent of State median income, the copayment shall be more than 2 but not more than 4 percent of that family income, toward such cost for all such children; and

“(iv) of more than 125 percent but not more than 150 percent of State median income, the copayment shall be more than 4 but not more than 7 percent of that family income, toward such cost for all such children.

“(C) SPECIAL RULE.—The State shall not require a family with a child that is eligible for a Head Start program under the Head Start Act (42 U.S.C. 9831 et seq.) to pay a copayment under this paragraph for any eligible child in the family.”.

Section 658F is amended—

Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9848e) is amended—

Section 658I of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g) is amended—

(a) In general.—Section 658J of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended to read as follows:

(b) Effective date.—The amendments made by this section take effect on October 1, 2020.

Section 658K(a)(1)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)(B)) is amended—

Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended—

Section 658N of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858l) is amended—

(a) In general.—Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended—

(1) by striking the heading and inserting the following:

(2) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “one half of 1 percent of the amount appropriated under this subchapter” and inserting “a portion of the amount appropriated under section 658B(b)”; and

(ii) by striking “to be allotted” and all that follows and inserting the following: “to be allotted by the Secretary—

“(A) in accordance with the respective needs of those territories; and

“(B) taking into consideration—

“(i) the population of eligible children, and the population of eligible children from low-income families, to be served by the territory involved; and

“(ii) the cost of child care in the territory.”;

(B) in paragraph (2)—

(i) by striking “(2) Indians tribes” and all that follows through “658B in” and inserting “(2) Indian tribes.—The Secretary shall reserve the remainder of the amount appropriated under section 658B(b) in”;

(ii) by striking “subsection (c)” and inserting “subsection (b)”; and

(iii) by striking subparagraph (B);

(C) in paragraph (3), by striking “reserve up to $1,500,000 of the amount appropriated under this subchapter” and inserting “reserve and use such sums as the Secretary may determine to be necessary of the amount appropriated under section 658B(a)”;

(D) in paragraph (4), by striking “reserve up to ½ of 1 percent of the amount appropriated under this subchapter” and inserting “reserve and use such sums as the Secretary may determine to be necessary of the amount appropriated under section 658B(a)”; and

(E) in paragraph (5), by striking “reserve ½ of 1 percent of the amount appropriated under this subchapter” and inserting “reserve and use such sums as the Secretary may determine to be necessary of the amount appropriated under section 658B(a)”;

(3) by striking subsection (b);

(4) in subsection (c)—

(A) in paragraph (3)—

(i) in subparagraph (A), by striking “and” at the end;

(ii) in subparagraph (B), by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(C) (i) the population of Indian or Native Hawaiian eligible children, and the population of Indian or Native Hawaiian eligible children from low-income families, to be served by the Indian tribe or tribal organization;

“(ii) the cost of child care in the area to be served by the tribe or organization; and

“(iii) whether awarding a grant or contract to the tribe or organization will increase the number of programs that reach standards described in subsection (a)(1)(B)(iii);”; and

(B) in paragraph (6)—

(i) by inserting “(or other recipient of funds through a State payment under section 658J (referred to in this paragraph as a ‘covered recipient’))” after “organization” the first place it appears; and

(ii) except as provided in subparagraph (A), by inserting “(or other covered recipient)” after “organization” each place it appears;

(5) by redesignating subsection (c) as subsection (b);

(6) by striking subsection (d);

(7) in subsection (e)—

(A) by striking paragraphs (1) through (3);

(B) by striking “(e) Reallotments.—” and all that follows through “Any” and inserting “(e) Reallotments.—Any”; and

(C) by striking “subsection (c)” each place it appears and inserting “subsection (b)”; and

(8) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively.

(b) Effective date.—This section takes effect on October 1, 2020.

Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended—

Section 658S of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) is amended—

The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by striking the subchapter heading and inserting the following:

(a) In general.—During fiscal years 2020 through 2022, the Secretary of Health and Human Services—

(1) shall make allotments and payments to States and Indian tribes under section 658J and 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h, 9858m), as in effect immediately before the date of enactment of this Act, subject to subsection (b); and

(2) shall carry out section 658E(c)(3) of that Act (42 U.S.C. 9858c(c)(3)) by applying subparagraphs (C) and (E) of that section, as in effect on that day.

(b) Adjustments.—During fiscal years 2020 through 2022, the Secretary shall have authority to make such adjustments as may be necessary to carry out subsection (a) and to transition to making quarterly payments under section 658J and allotments under 658O of the Child Care and Development Block Grant Act, as amended by this Act.

This title, and the amendments made by this title, take effect on October 1, 2019.

(a) Definitions.—In this section:

(1) CHILD WITH A DISABILITY.—The term “child with a disability” has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(2) DUAL LANGUAGE LEARNER.—The term “dual language learner” means an individual who is limited English proficient, as defined in section 637 of the Head Start Act (42 U.S.C. 9832).

(3) ELIGIBLE CHILD.—The term “eligible child” means a child who is—

(A) age 3, 4, or 5;

(B) not yet enrolled in kindergarten; and

(C) a member of a family with a family income that does not exceed 150 percent of the State median income for a family of the same size.

(4) ELIGIBLE PROVIDER.—The term “eligible provider” includes a local educational agency, Head Start program funded under the Head Start Act (42 U.S.C. 9831 et seq.), licensed child care center, licensed family child care home, and community- or neighborhood-based family child care network, that—

(A) participates in the State’s tiered and transparent system for measuring program quality described in section 658E(c)(2)(W)(i) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(W)(i)); and

(B) meets the highest tier of such system.

(5) FOSTER CARE.—

(A) IN GENERAL.—The term “foster care” means 24-hour substitute care for a child placed away from the child’s parents or guardians and for whom the State agency has placement and care responsibility. The term includes care through a placement in a foster family home, a foster home of a relative, a group home, an emergency shelter, a residential facility, a child care institution, or a pre-adoptive home.

(B) RULE.—A child shall be considered to be in foster care in accordance with subparagraph (A) regardless of—

(i) whether the foster care facility is licensed and payments are made by the State or local agency for the care of the child;

(ii) whether adoption subsidy payments are being made prior to the finalization of an adoption; or

(iii) whether there are Federal matching funds for any payments described in clause (i) or (ii) that are made.

(6) GOVERNOR.—The term “Governor” means the chief executive officer of a State.

(7) HIGH-NEED SCHOOL.—The term “high-need school” means an elementary school in which not less than 50 percent of the enrolled students are children from low-income families, as defined in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)).

(8) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term “high-need local educational agency” means a local educational agency that serves a high percentage of high-need schools.

(9) HOMELESS CHILD.—The term “homeless child” means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434).

(10) INFANT OR TODDLER WITH A DISABILITY.—The term “infant or toddler with a disability” has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432).

(11) KEY PROGRAMMATIC STRATEGIES.—The term “key programmatic strategies” means strategies related to—

(A) nutrition and physical activity;

(B) recommended practices for age-appropriate exposure to screen media; and

(C) the integration and utilization of instructional methods to assist learning across disciplines, including methods that use the arts, language, literacy, mathematics, science, and social studies.

(12) LOW-INCOME CHILD.—The term “low-income child” means a child who is a member of a family with a family income that is at or below 200 percent of the poverty line.

(13) OUTLYING AREAS.—The term “outlying areas” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(14) POVERTY LINE.—The term “poverty line” means the official poverty line (as defined by the Office of Management and Budget)—

(A) adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and

(B) adjusted for family size.

(15) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The term “specialized instructional support personnel” has the meaning given such term in section 8101(47)(A) of the Elementary and Secondary Education Act (20 U.S.C. 7801(47)).

(16) STATE.—The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(b) Allotments to states.—

(1) RESERVATION.—From the total amount appropriated to carry out this section for a fiscal year, the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall—

(A) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations;

(B) reserve ½ of 1 percent for the outlying areas to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary of Health and Human Services in accordance with the purposes of this section;

(C) reserve ½ of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor;

(D) reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation; and

(E) reserve 5 percent for State leadership activities described in subsection (c), including the grants described in such subsection.

(2) ALLOTMENT FORMULA.—

(A) IN GENERAL.—Except as provided in subparagraph (B), from the total amount appropriated to carry out this section for a fiscal year that remains after making the reservations under paragraph (1), the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall allot to each State for the fiscal year that has an application approved under subsection (d) an amount that bears the same ratio to such remainder as the number of children who are below the age of 6 who reside within the State and whose families have an income at or below 200 percent of the poverty line for the most recent year for which satisfactory data are available, bears to the number of such children who reside in all such States for such most recent fiscal year for which satisfactory data are available.

(B) MINIMUM ALLOTMENT AMOUNT.—No State receiving an allotment under subparagraph (A) for a fiscal year shall receive less than ½ of 1 percent of the total amount allotted under such subparagraph for the fiscal year.

(c) State reservation.—

(1) IN GENERAL.—The State leadership activities described in this subsection shall improve equitable access to high-quality preschool programs operated by eligible providers across the State, including programs in high-need local educational agencies, which shall include—

(A) ongoing professional development opportunities for school principals, school superintendents, teachers, specialized instructional support personnel, and teacher assistants to improve their practices, which may include activities that—

(i) prepare elementary schools to create or expand preschool classrooms, including training on developmentally appropriate practices and preparing classrooms with materials and equipment for young children;

(ii) promote children’s development across all of the essential domains of early learning and development;

(iii) improve curricula and teacher-child interaction;

(iv) incorporate the inclusion of key programmatic strategies into classroom instruction;

(v) increase effective family engagement, including for families of dual language learners;

(vi) provide culturally competent instruction, including effective instruction for children with disabilities and dual language learners;

(vii) improve social and emotional development;

(viii) incorporate positive behavioral interventions and supports and principles of trauma-informed care;

(ix) align preschool curricula with elementary school standards and curricula;

(x) engage teachers, teacher leaders, early childhood educators, and other professionals in joint professional learning opportunities, as described in section 2103(b)(3)(G) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(b)(3)(G)); and

(xi) improve the transition of children from preschool to elementary school;

(B) completing the Preschool Equity Review and distributing grants as described in paragraph (2) in accordance with the results of such review;

(C) expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for staff of eligible providers to pursue credentials and degrees, including bachelor’s degrees; and

(D) partnerships between institutions of higher education and eligible providers, including high-need local educational agencies, to improve access to early childhood educators, including educators serving dual language learners and children with disabilities.

(2) GRANTS TO IMPROVE EQUITABLE ACCESS TO HIGH-QUALITY PRESCHOOL PROGRAMS.—

(A) IN GENERAL.—From amounts reserved under subsection (b)(1)(E), a State shall make grants to rectify resource inequities in preschool programs and expand access to high-quality preschool programs for all children, including children described in items (aa) through (dd) of subparagraph (B)(ii)(I). Such grants shall be awarded to high-need local educational agencies in order to improve their capacity to offer high-quality preschool programs for eligible children, which may include paying the costs of renovation.

(B) PRESCHOOL EQUITY REVIEW.—

(i) IN GENERAL.—Each State making grants under subparagraph (A) shall complete an annual Preschool Equity Review that informs the distribution of funds under such subparagraph.

(ii) CONTENTS OF REVIEW.—Each Preschool Equity Review shall include data on—

(I) the percentage of children participating in preschool programs funded under this section, disaggregated by status as—

(aa) children with disabilities;

(bb) low-income children;

(cc) children from major ethnic and racial groups; and

(dd) dual language learners;

(II) the geographic location of preschool programs funded under this section;

(III) the quality of preschool programs funded under the section, compared to such programs not funded under this section; and

(IV) resource inequities between preschool programs, including programs serving a high percentage of children described in items (aa) through (dd) of subclause (I).

(d) State application.—In order to receive an allotment under this section, the Governor of a State shall submit an application at such time and in such manner as the Secretary of Health and Human Services, in collaboration with the Secretary of Education, may require. Such application shall include each of the following:

(1) A description of how the State will provide access to high-quality preschool during the school day for eligible children in the State within 3 years, which shall include the following:

(A) How the State plans to distribute funds from the State's allotment to eligible providers, including an assurance that the Governor will designate a State-level entity (such as an agency or joint interagency office) for the administration of the grant.

(B) An explanation of how the State will ensure that eligible providers receiving funds under this section will use research-based curricula that are aligned with State early learning standards that are developmentally appropriate and include, at a minimum, each of the following domains:

(i) Language development.

(ii) Literacy.

(iii) Mathematics.

(iv) Science.

(v) Creative arts.

(vi) Social and emotional development.

(vii) Approaches to learning.

(viii) Physical development.

(C) How the State will coordinate services provided under this section with services and supports provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419; 1431 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) and the maternal, infant, and early childhood home visiting programs assisted under section 511 of the Social Security Act (42 U.S.C. 711).

(D) How the State will improve transitions from early childhood education to elementary school, including how the State will ensure that preschool programs—

(i) share relevant data between early childhood educators and kindergarten teachers;

(ii) share instructional, behavioral, and other information between early childhood educators and kindergarten teachers to best support the transition of children with disabilities who may need services and supports provided under part B of the Individuals with Disabilities Education Act (42 U.S.C. 1411 et seq.) into general education settings; and

(iii) share information about the proficiency of dual language learners in both English and their native language.

(E) How the State will provide ongoing monitoring and support and conduct evaluations of preschool programs funded under this section.

(F) How the State has reviewed the strategic plan developed under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note) or engaged in a similar strategy to facilitate coordination of existing early learning and care programs in a mixed delivery system.

(G) If the State funds full-day kindergarten programs, but such full-day kindergarten programs are not available to all children who are eligible to attend such programs in the State, how the State plans to increase the number of children in the State who are enrolled in full-day kindergarten programs and a strategy to implement such a plan.

(H) If the State does not fund full-day kindergarten programs, a description of how the State plans to establish such programs to strengthen the educational continuum for children who will be involved in the State’s high-quality preschool program supported under this title.

(2) An assurance that all preschool programs funded under this section will—

(A) offer programming that meets the duration requirements in the program performance standards applicable to Head Start programs described in section 641A of the Head Start Act (42 U.S.C. 9836a);

(B) adopt policies and practices to provide expedited enrollment, including prioritization, to—

(i) homeless children;

(ii) children in foster care; and

(iii) migratory children;

(C) conduct outreach to families of—

(i) homeless children;

(ii) dual language learners;

(iii) children in foster care;

(iv) children with disabilities;

(v) infants and toddlers with disabilities; and

(vi) migratory children;

(D) provide salaries to staff of eligible providers that are on the same pay scale as elementary school educators with similar credentials and experience;

(E) require high staff qualifications for teachers, including, at a minimum, meeting the staff qualifications included in the quality standards of the National Institute for Early Education Research that are in effect on the date of enactment of this Act by not later than 4 years after the date the State first receives an allotment under this section; and

(F) determine whether children are dual language learners and provide services to ensure the full and effective participation of such learners and their families.

(3) An assurance that the State will provide assistance under this section only to eligible providers that prohibit the use of suspension, expulsion, and aversive behavioral interventions.

(4) An assurance that the State will meet the requirements of clauses (ii) and (iii) of section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(T)(ii) and (iii)).

(e) Use of funds.—A State that receives an allotment under subsection (b)(2) for a fiscal year shall use the allotment to carry out the activities described in the State's application described in subsection (d).

(f) Match required.—A State that receives an allotment under subsection (b)(2) for a fiscal year shall provide matching funds from non-Federal sources in an amount equal to 10 percent of the Federal funds that such State receives under such subsection for the fiscal year.

(g) Reporting.—

(1) IN GENERAL.—Each State that receives an allotment under subsection (b)(2) shall prepare an annual report, in such manner and containing such information as the Secretary of Health and Human Services may reasonably require.

(2) CONTENTS.—A report prepared under paragraph (1) shall contain, at a minimum—

(A) a description of the manner in which the State has used the funds made available through the allotment and a report of the expenditures made with the funds;

(B) a summary of the State’s progress toward providing access to high-quality preschool programs for eligible children;

(C) an evaluation of the State’s progress towards improving equitable access to high-quality preschool, as measured by the Preschool Equity Review described in subsection (c)(2)(B), disaggregated by the categories under subsection (c)(2)(B)(ii)(I);

(D) the number and percentage of children in the State participating in eligible preschool programs, disaggregated by race, ethnicity, family income, child age, disability, and whether the children are homeless children, children in foster care, or dual language learners;

(E) data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, and whether the children are homeless children, children in foster care, or dual language learners, with information on whether such programs are offered—

(i) for a full day; and

(ii) at no cost to families; and

(F) data on the kindergarten readiness of children across the State.

(h) Maintenance of effort.—

(1) IN GENERAL.—If a State reduces its combined fiscal effort per child for its State preschool program or State supplemental assistance funds for Head Start programs assisted under the Head Start Act (42 U.S.C. 9831 et seq.) for any fiscal year that a State receives an allotment under subsection (b)(2) relative to the previous fiscal year, the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall reduce support for such State under such subsection by the same amount as the decline in State effort for such fiscal year.

(2) WAIVER.—The Secretary of Health and Human Services, in collaboration with the Secretary of Education, may waive the requirements of paragraph (1) if—

(A) the Secretaries determine that a waiver would be appropriate due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services during the 5-year period preceding the date of the determination, including for early childhood education programs; or

(B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, the State presents to the Secretaries a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action.

(i) Supplement not supplant.—Funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on early childhood education programs in the State.

(j) Appropriations.—There is authorized to be appropriated, and there is appropriated, to carry out this section, $8,000,000,000 for each of fiscal years 2020 through 2030.

(a) In general.—The Head Start Act (42 U.S.C. 9801 et seq.) is amended—

(1) by redesignating section 657C (42 U.S.C. 9852c) as section 657D; and

(2) by inserting after section 657B (42 U.S.C. 9852b) the following:

(b) Conforming Amendments.—Section 640 of the Head Start Act (42 U.S.C. 9835) is amended—

(1) in subsection (a)(6), by striking “appropriated under this subchapter” each place it appears and inserting “appropriated under section 639”; and

(2) in subsection (g)(3)(A)—

(A) by striking “amount appropriated” each place it appears and inserting “amount appropriated under section 639”;

(B) by striking “services provided under this subchapter” and inserting “services provided under this subchapter (other than section 657C)”; and

(C) by striking “agency under this subchapter” and inserting “agency under this subchapter (other than section 657C)”.

There is authorized to be appropriated and there is appropriated for each State for each quarter an amount that is equal to 5 percent of the payment to such State for such quarter under section 658J of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) to be used by—

It is the sense of the Senate that—