What This Bill Does
This bill directs the Secretary of Education to run a grant program that gives money to states to start or keep full-day kindergarten programs. States that submit approved plans can receive funding, and they distribute the money to local school districts. The bill is called the Universal Full-Day Kindergarten Act.
Who It Affects
States, local school districts, kindergarten teachers, paraprofessionals (assistants who work with teachers), children ages 4-6, families, Indian tribes and tribal organizations, and the Department of Education.
Key Provisions
• The Secretary of Education must set aside 2 percent of money for helping states build capacity and provide technical assistance (Sec. 2(b)(1)(A))
• The Secretary must set aside one-half of 1 percent for the Secretary of the Interior to run programs in schools operated by the Bureau of Indian Education, Indian tribes, and tribal organizations (Sec. 2(b)(1)(B))
• States must submit plans describing how they will use the money, ensure local school districts follow the law's requirements, and provide technical assistance to school districts (Sec. 3(a))
• Each local school district that gets money must run a full-day kindergarten program that lasts at least 5 hours per school day and costs nothing for families to join (Sec. 4(1), (3))
• Full-day kindergarten programs must be taught by teachers who have the proper licenses and certifications required in their geographic area (Sec. 4(5))
What Changes
If this bill becomes law, the federal government will fund a new grant program for states to establish or maintain full-day kindergarten programs. States with approved plans will receive money based on how much Title I funding they received in the previous year (federal education funding for low-income students). Local school districts will then receive money to provide free, full-day kindergarten for children ages 4-6.
Important Definitions
• "Local educational agency" and "outlying area" have the meanings given in the Elementary and Secondary Education Act of 1965 (Sec. 7(1))
• "Secretary" means the Secretary of Education (Sec. 7(2))
• "State" means the 50 states, the District of Columbia, and Puerto Rico (Sec. 7(3))
• "Indian tribe" and "tribal organization" have the meanings given in the Tribally Controlled Schools Act of 1988 (Sec. 7(4))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 2425
To direct the Secretary of Education to make allotments to States to carry
out full-day kindergarten programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2023
Mr. GALLEGO (for himself, Ms. JACOBS, and Mr. TORRES of New York) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To direct the Secretary of Education to make allotments
to States to carry out full-day kindergarten programs,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Universal Full-Day
4
Kindergarten Act’’.
5
SEC. 2. FULL-DAY KINDERGARTEN GRANT PROGRAM.
6
(a) IN GENERAL.—The Secretary shall carry out a
7
grant program to make grants in accordance with the for-
8
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•HR 2425 IH
mula described in subsection (b) to States to carry out
1
full-day kindergarten programs.
2
(b) FORMULA.—
3
(1) SECRETARIAL RESERVATIONS.—
4
(A) TECHNICAL
ASSISTANCE.—From the
5
amount appropriated under section 6 for a fis-
6
cal year, the Secretary shall reserve 2 percent
7
of such amount for technical assistance (includ-
8
ing capacity building) to States.
9
(B) SECRETARY OF THE INTERIOR.—From
10
the amount appropriated under section 6 for a
11
fiscal year, the Secretary shall reserve one-half
12
of 1 percent for the Secretary of the Interior
13
for programs under this Act in schools operated
14
or funded by the Bureau of Indian Education,
15
Indian tribes and tribal organizations, or con-
16
sortia of Indian tribes and tribal organizations.
17
(C) OUTLYING AREAS.—From the amount
18
appropriated under section 6 for a fiscal year,
19
the Secretary shall reserve one-half of 1 percent
20
for the outlying areas to be distributed among
21
those outlying areas on the basis of their rel-
22
ative need, as determined by the Secretary, in
23
accordance with the purpose of this Act.
24
(2) STATE ALLOTMENTS.—
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(A) IN GENERAL.—From the amount ap-
1
propriated under section 6 for a fiscal year that
2
remains after the Secretary makes the reserva-
3
tions under paragraph (1), the Secretary shall
4
allot to each State with an approved State plan
5
under section 3(a), an amount that bears the
6
same relationship to the remainder as the
7
amount the State received under subpart 2 of
8
part A of title I of the Elementary and Sec-
9
ondary Education Act of 1965 (20 U.S.C. 6331
10
et seq.) for the preceding fiscal year bears to
11
the amount all States received under that sub-
12
part (20 U.S.C. 6331 et seq.) for the preceding
13
fiscal year.
14
(B) MINIMUM AMOUNT.—No State receiv-
15
ing an allotment under this paragraph shall re-
16
ceive less than one-half of 1 percent of the total
17
amount allotted under this paragraph.
18
(C) REALLOTMENT.—If a State does not
19
receive an allotment under this paragraph for a
20
fiscal year, the Secretary shall reallot the
21
amount of the State’s allotment to the remain-
22
ing States in accordance with this paragraph.
23
(D) STATE RESERVATIONS.—
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(i) ADMINISTRATIVE COSTS.—A State
1
may reserve not more than 2 percent of
2
the allotment received by State under this
3
paragraph for administrative purposes, in-
4
cluding the activities described in para-
5
graphs (2) and (3) of section 3(a).
6
(ii) LOCAL
ALLOCATIONS.—A State
7
shall reserve not less than 98 percent of
8
the allotment received by the State under
9
this paragraph to make allocations to local
10
educational agencies under paragraph (3).
11
(3) ALLOCATIONS
TO
LOCAL
EDUCATIONAL
12
AGENCIES.—
13
(A) IN
GENERAL.—From the funds re-
14
served by a State under paragraph (2)(D), the
15
State shall allocate to each local educational
16
agency in the State that has an application ap-
17
proved by the State under section 3(b), an
18
amount that bears the same relationship to the
19
total amount of such reservation as the amount
20
the local educational agency received under sub-
21
part 2 of part A of title I of the Elementary
22
and Secondary Education Act of 1965 (20
23
U.S.C. 6331 et seq.) for the preceding fiscal
24
year bears to the total amount received by all
25
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•HR 2425 IH
local educational agencies in the State under
1
such subpart (20 U.S.C. 6331 et seq.) for the
2
preceding fiscal year.
3
(B) MINIMUM LOCAL EDUCATIONAL AGEN-
4
CY ALLOCATION.—No allocation to a local edu-
5
cational agency under this paragraph may be
6
made in an amount that is less than $10,000,
7
subject to subparagraph (D).
8
(C) CONSORTIA.—Local educational agen-
9
cies in a State may form a consortium with
10
other surrounding local educational agencies
11
and combine the funds each such agency in the
12
consortium receives under this paragraph to
13
jointly carry out the activities described in this
14
section 4.
15
(D) RATABLE REDUCTION.—If the amount
16
reserved
by
the
State
under
paragraph
17
(2)(D)(ii) is insufficient to make allocations to
18
local educational agencies in an amount equal
19
to the minimum allocation described in sub-
20
paragraph (B), such allocations shall be ratably
21
reduced.
22
SEC. 3. STATE PLANS; LOCAL APPLICATIONS.
23
(a) STATE PLANS.—In order to receive an allotment
24
under this section for any fiscal year, a State shall submit
25
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•HR 2425 IH
a plan to the Secretary, at such time and in such manner
1
as the Secretary may reasonably require. Each plan sub-
2
mitted by a State under this section shall include the fol-
3
lowing:
4
(1) A description of how the State will use
5
funds reserved under section 2(b)(2)(D)(i).
6
(2) A description of how the State will ensure
7
that the allocations made to local educational agen-
8
cies meet the requirements of section 2(b)(3).
9
(3) Assurances that the State will—
10
(A) review existing resources and full-day
11
kindergarten programs across the State and co-
12
ordinate such resources and programs with the
13
State plan submitted under this subsection and
14
the funds received under this Act;
15
(B) monitor the implementation of activi-
16
ties under this Act and provide technical assist-
17
ance to local educational agencies in carrying
18
out such activities; and
19
(C) provide for equitable access for all stu-
20
dents to the activities supported under this Act,
21
including aligning those activities with the re-
22
quirements of other Federal laws.
23
(b) LOCAL APPLICATIONS.—To receive an allocation
24
under this Act, a local educational agency shall submit an
25
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•HR 2425 IH
application to the applicable State at such time, in such
1
manner, and containing such information as may be re-
2
quired by such State.
3
SEC. 4. USE OF FUNDS.
4
A local educational agency that receives an allocation
5
under this section shall use the allocation to establish or
6
maintain a full-day kindergarten program that—
7
(1) has a duration of at least 5 hours per
8
school day;
9
(2) permits children who are not younger than
10
age 5 or older than age 6 to be enrolled in such pro-
11
gram, except that a program that permits children
12
who are not younger than age 4 or older than age
13
6 meets the requirements of this paragraph;
14
(3) does not require payment for participation
15
in such program;
16
(4) is offered for the full school year;
17
(5) is taught by teachers who meet the applica-
18
ble professional qualifications (including licensure
19
and certification requirements) for kindergarten
20
teachers working in the geographic area in which the
21
program is located;
22
(6) includes academic standards that prepare
23
students to meet grade-level benchmarks;
24
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•HR 2425 IH
(7) may include standards related to cognitive
1
development, socio-emotional learning, physical and
2
behavioral skills development, and recreational activ-
3
ity; and
4
(8) in a case of a program supported by para-
5
professionals, is supported by paraprofessionals who
6
meet the applicable professional qualifications (in-
7
cluding licensure and certification requirements) for
8
paraprofessionals working in the geographic area in
9
which the program is located.
10
SEC. 5. REPORT.
11
Not later than 120 days after the date of the enact-
12
ment of this Act, and annually thereafter, the Secretary
13
shall conduct a study and submit a report to Congress
14
that—
15
(1) specifies the number of States, local edu-
16
cational agencies, Indian tribes, tribal organizations,
17
and outlying areas that offer full-day kindergarten
18
programs; and
19
(2) assesses the availability of such programs to
20
individuals in each such entity.
21
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
22
There are authorized to be appropriated to carry out
23
this section such sums as may be necessary for each of
24
fiscal years 2024 through 2029.
25
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SEC. 7. DEFINITIONS.
1
In this section:
2
(1) ESEA TERMS.—The terms ‘‘local edu-
3
cational agency’’ and ‘‘outlying area’’ have the
4
meanings given the terms in section 8101 of the Ele-
5
mentary and Secondary Education Act of 1965 (20
6
U.S.C. 7801).
7
(2) SECRETARY.—The term ‘‘Secretary’’ means
8
the Secretary of Education.
9
(3) STATE.—The term ‘‘State’’ means each of
10
the 50 States, the District of Columbia, and the
11
Commonwealth of Puerto Rico.
12
(4) TRIBE; TRIBAL ORGANIZATION.—The terms
13
‘‘Indian tribe’’ and ‘‘tribal organization’’ have the
14
meanings given such terms in section 5212 of the
15
Tribally Controlled Schools Act of 1988 (25 U.S.C.
16
2511).
17
Æ
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