Child Care for Every Community Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 5658 Introduced in House (IH)]

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119th CONGRESS 1st Session H. R. 5658

To establish universal child care and early learning programs.

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IN THE HOUSE OF REPRESENTATIVES

September 30, 2025

Ms. Sherrill (for herself, Ms. Jacobs, Mr. Jackson of Illinois, Ms. Chu, Mr. Horsford, Mr. Beyer, Ms. Bonamici, Ms. Sanchez, Mr. Thompson of Mississippi, Ms. Scanlon, Mr. Vargas, Ms. Balint, Mr. Lynch, Ms. Meng, Ms. Tlaib, Ms. Jayapal, Mr. Morelle, Ms. Escobar, Mr. Evans of Pennsylvania, Ms. Barragan, Mr. Tonko, Ms. Lee of Pennsylvania, Mrs. Ramirez, Mr. Deluzio, Ms. Clarke of New York, Mr. Garcia of California, Mr. Smith of Washington, Mr. Davis of Illinois, Mr. Garamendi, Mrs. Dingell, Mr. Nadler, Mr. DeSaulnier, Ms. Tokuda, Mr. McGarvey, Mr. Lieu, Ms. DeGette, Mr. Levin, Ms. Dean of Pennsylvania, Mr. Norcross, Mrs. Trahan, Ms. Velazquez, Ms. Stansbury, and Ms. Brown) introduced the following bill; which was referred to the Committee on Education and Workforce

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A BILL

To establish universal child care and early learning programs.

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 ``Child Care for Every Community Act''.

TITLE I--CHILD CARE AND EARLY LEARNING PROGRAMS

SEC. 101. STATEMENT OF PURPOSES.

The purposes of this title are-- (1) to provide all young children with a fair and full opportunity to reach their full potential, by establishing and expanding programs, to create universal, comprehensive child care and early learning programs that are available to all young children; (2) to ensure that families can access affordable, high- quality child care and early learning programs regardless of circumstance; (3) to promote the school readiness of all young children by enhancing their cognitive, social, emotional, and physical development-- (A) in a learning environment that supports children's growth in language, literacy, mathematics, science, cognitive abilities, social and emotional functioning, creative arts, physical skills, and approaches to learning; and (B) through the provision to children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary; (4) to recognize and build upon the experience and success gained through the Head Start program, the military child care program, and similar efforts; (5) to provide that decisions on the nature of such child care and early learning programs be made at the community level with the full involvement of parents, family members, and other individuals and organizations in the community; and (6) to establish the legislative framework for child care and early learning services.

SEC. 102. DEFINITIONS.

For purposes of this title: (1) Child care and early learning program.--The term ``child care and early learning program'' means any program that provides child care and early learning services in child care and early learning centers (including schools) or in family child care homes. (2) Child with a disability.--The term ``child with a disability'' means-- (A) a child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)); and (B) an infant or toddler with a disability, as defined in section 632(5) of such Act (20 U.S.C. 1432(5)). (3) Community.--The term ``community'' means a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any nearby off- reservation area designated by an appropriate Tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and possesses the commonality of interest needed to operate a child care and early learning program. (4) Covered child.--The term ``covered child'' means a child who-- (A) is not yet required to attend school, under the laws of compulsory school attendance of the State in which the child resides; and (B) meets the requirements of regulations issued under section 124. (5) Dual language learner.--The term ``dual language learner'' means a child who is acquiring two or more languages at the same time, or a child who is learning a second language while continuing to develop the child's first language, including a child who may also be identified by a State or locality as ``bilingual'', ``an English language learner'', ``limited English proficient'', ``an English learner'', or a child who speaks a ``language other than English''. (6) Family literacy services.--The term ``family literacy services'' means services that-- (A) are family literacy services, as defined in section 637 of the Head Start Act (42 U.S.C. 9832); and (B) meet the requirements of section 641A of such Act (42 U.S.C. 9836a). (7) Financial assistance.--The term ``financial assistance'' includes assistance provided by grant, agreement, or contract, for which payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. (8) Full-working-day.--The term ``full-working-day'' means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an entity to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child. (9) Health.--The term ``health'', when used to refer to services or care provided to children enrolled in a child care and early learning program, their parents, or their siblings, shall be interpreted to refer to both physical and mental health. (10) Homeless child.--The term ``homeless child'' means an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)). (11) Indian.--The term ``Indian'' means an individual who is-- (A) a member of an Indian Tribe or band, as membership is defined by the Tribe or band, including-- (i) any Tribe or band terminated since 1940; and (ii) any Tribe or band recognized by the State in which the Tribe or band resides; (B) a descendant of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect on October 19, 1994. (12) Indian tribe.--The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, or community (including an affiliated Tribal group or component reservation) included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (13) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (14) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (15) Locality.--The term ``locality'' means any city, municipality, county, or other political subdivision of a State having general governmental powers, or any combination of such political subdivisions. (16) Low-income.--The term ``low-income'', used with respect to a child or other individual, means an individual in a family with a family income that is not more than 200 percent of the poverty line. (17) Migrant or seasonal child care and early learning program.--The term ``migrant or seasonal child care and early learning program'' means-- (A) with respect to services for migrant farmworkers, a child care and early learning program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and (B) with respect to services for seasonal farmworkers, a child care and early learning program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period. (18) Military child care program.--The term ``military child care program'' means the program carried out under subchapter II of chapter 88 of title 10, United States Code. (19) Native hawaiian.--The term ``Native Hawaiian'' has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517). (20) Poverty line.--The term ``poverty line'' means the official poverty line (as defined by the Office of Management and Budget) based on the most recent data available from the Bureau of the Census-- (A) adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, during the annual or other interval immediately preceding the date on which such adjustment is made; and (B) adjusted for family size. (21) Professional development.--The term ``professional development'' means the career-pathway aligned mechanisms that contribute to ensuring that a member of the early care and education workforce, in any setting, has or is working towards obtaining the degrees and other credentials needed to demonstrate the necessary knowledge and competencies for quality provision of child care and early learning services. (22) Scientifically valid research.--The term ``scientifically valid research'' includes applied research, basic research, and field-initiated research, in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. (23) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (24) Stakeholder.--The term ``stakeholder'' means a community-based employer of child care providers, a labor organization representing child care providers, a joint labor- management partnership advocating for child care standards, an entity operating a trust fund that provides training and education for child care providers, or a nonprofit organization that represents parents of children eligible for services in a program carried out under this title. (25) State.--The term ``State'' means-- (A) a State, as defined in section 637 of the Head Start Act; and (B) the Republic of Palau-- (i) for each of fiscal years 2026 through 2030; and (ii) (if legislation approving a new agreement regarding United States assistance for the Republic of Palau has not been enacted by September 30, 2028), for each subsequent fiscal year for which such legislation has not been enacted. (26) Tribal land.--The term ``Tribal land'' means a reservation, the land of an Indian Tribe, or land designated by Hawaii as under the control of Native Hawaiians for purposes of this title. (27) Tribal organization.--The term ``Tribal organization'' means-- (A) the recognized governing body of any Indian Tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant; and (B) includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS; APPROPRIATIONS.

(a) Appropriations.--There are authorized to be appropriated and there are appropriated to carry out this title (other than the activities described in subsection (b)), including meeting the entitlement requirements of section 111(b), such sums as may be necessary. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out activities under sections 135, 136, 137, 138, 151, 152, and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title, $500,000,000 for each of fiscal years 2026 through 2036.

Subtitle A--Prime Sponsors and Providers

SEC. 111. FINANCIAL ASSISTANCE FOR CHILD CARE AND EARLY LEARNING PROGRAMS.

(a) In General.--The Secretary shall provide financial assistance for carrying out child care and early learning programs under this title to prime sponsors, to provide family-centered services to children to promote their development and learning, pursuant to plans and applications approved in accordance with the provisions of this title. (b) Entitlement.--Each covered child shall be entitled to participate in a child care and early learning program that meets the requirements of this title. The entitlement shall not be a capped entitlement.

SEC. 112. ALLOCATION OF FUNDS; PAYMENTS.

(a) Allocation to Activities.--The Secretary shall allocate the amounts appropriated for carrying out this title for any fiscal year after fiscal year 2025, in the following manner: (1) Child care and early learning programs.--The amount made available under section 103(a) shall be used for the purpose of providing financial assistance to carry out child care and early learning programs under this title for covered children, other than activities described in paragraph (2). (2) Administrative and enhancement activities.--Of the amounts appropriated under section 103(b)-- (A) such portion, but not less than 50 percent, shall be used for the purpose of carrying out activities under sections 135 and 136 and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title; (B) such portion, but not less than 20 percent, shall be used for the purpose of carrying out activities under section 151; and (C) the remainder of such amounts shall be used for the purpose of carrying out activities under sections 137, 138, and 152. (3) Flexibility for emergency supplemental funding.-- Notwithstanding paragraph (2), the Secretary may, after providing appropriate notice and written justification to Congress, redirect any amounts appropriated under section 103(b) as the Secretary determines to be necessary and appropriate to carry out section 151 for the purpose of carrying out activities under section 151. (b) Publication.--As soon as practicable after funds are appropriated under section 103(b) for any fiscal year, the Secretary shall publish in the Federal Register the amounts made available for that fiscal year to carry out each of the activities described in subsection (a)(2). (c) Payments.-- (1) In general.-- (A) Authority for payments.--In accordance with this subsection, the Secretary shall pay, from the allocation under subsection (a)(1), the Federal share of the costs of providing child care and early learning programs, in accordance with plans under sections 113 and 114 that have been approved as provided in this title. (B) Manner and timing for payments.--The Secretary may make such financial assistance as may be necessary to carry out this title. The Secretary may also withhold funds otherwise payable under this title in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this title or any term or condition of financial assistance under this title. (2) Federal share.-- (A) In general.--Except as provided in subparagraphs (B) and (C) and section 151, the Federal share of the costs of providing child care and early learning programs for covered children shall be no less than 90 percent. (B) Children of migrant and seasonal farmworkers.-- The Secretary shall pay for 100 percent of the costs of providing child care and early learning programs for covered children of migrant and seasonal farmworkers under this title. (C) Native american children.--The Secretary shall pay each prime sponsor designated under section 113 for 100 percent of the costs of providing child care and early learning programs for covered children in Indian Tribes and Native Hawaiian covered children under this title. (D) Administrative amount.--When making a payment described in paragraph (1) to any prime sponsor for the Federal share of the costs of providing a child care and early learning program, the Secretary shall also make a payment to the prime sponsor of not more than 100 percent of the costs for staff and other administrative expenses of the prime sponsor, including such costs and expenses related to quality improvement (such as conducting monitoring and training) and operating the Child Care and Early Learning Council, but not to exceed an amount which is reasonable when compared with such costs and expenses for other prime sponsors. (3) Rate analysis.-- (A) Process.--The Secretary shall, on the basis of recommendations by a committee of experts and stakeholders outside the Department of Health and Human Services, establish and implement a process for determining the costs described in paragraph (1)(A) and ensuring that the requirement of subparagraph (B) is met. (B) Sufficiency requirement.--The Secretary shall ensure that the Federal share determined under paragraph (2) is sufficient to ensure that a prime sponsor can meet all requirements under this title, including the national program standards under section 121, compensation provisions under section 136(b), and provisions relating to comprehensive services and access to services. (4) Non-federal share.-- (A) Sources.--The non-Federal share of the costs described in paragraph (1) may be provided through public or private funds (including labor union or employer contributions) and may be in cash or in kind, fairly evaluated, including facilities, goods, or services. (B) Fees from families.--Fees collected for services provided pursuant to section 114(j) may be used toward the non-Federal share. Such fees collected from a family may not exceed 7 percent of the family income, regardless of the number of children served from that family. (C) Excess contributions.--If, with respect to any fiscal year, a prime sponsor provides a non-Federal share, for any program that exceeds its requirements for such a share, such excess may be applied toward meeting the requirements for such a share for the subsequent fiscal year under this title. (d) Maintenance of Effort.--No State or locality shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this title.

SEC. 113. DESIGNATION OF PRIME SPONSORS.

(a) Authority To Designate.-- (1) Qualified entities.--In accordance with the provisions of this section, a State, locality, Indian Tribe, Tribal organization, or public or private nonprofit agency or organization, meeting the requirements of this title may be designated by the Secretary as a prime sponsor for the purpose of entering into arrangements to carry out child care and early learning programs under this title. (2) Prime sponsorship plans.--An entity may be designated by the Secretary as a prime sponsor for a period of fiscal years only pursuant to an application in the form of a prime sponsorship plan which was submitted by such entity and approved by the Secretary in accordance with the provisions of this title. At a minimum, the plan shall-- (A) describe the service area to be served and how the program will be delivered; (B) provide a comprehensive child care and early learning plan, as described in section 114(b); (C) demonstrate that the entity has engaged with the community involved, including parents who might participate in such a child care and early learning program, family members of such parents, and other stakeholders, individuals, and organizations, in the community, to determine the need and interest for such a child care and early learning program in a service area, in a manner that takes into account a wide array of perspectives, especially those from marginalized populations; and (D) demonstrate that the entity has the authority under its charter or applicable law to receive and administer funds under this title, funds and contributions from private or public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program that may be so used. (3) Approval.--No prime sponsorship plan, or modification of the plan, submitted by an entity under this section shall be approved by the Secretary unless the Secretary determines, in accordance with regulations which the Secretary shall prescribe, that-- (A) the local educational agency for the service area and other appropriate educational and training agencies and institutions have had an opportunity to submit comments to the entity and to the Secretary; (B) appropriate officials from Indian Tribes or Tribal organizations have had an opportunity to submit comments to the entity and to the Secretary; and (C) the Governor of the State has had an opportunity to submit comments to the entity and to the Secretary. (4) Joint submission.--In order to contribute to the effective administration of this title, the Secretary shall establish appropriate procedures to permit an entity described in subsection (a)(1) and a State to submit jointly a single comprehensive child care and early learning plan for the service areas the entity and State propose. If the Secretary approves such a plan, the Secretary may designate the entity as a prime sponsor, and the State as a prime sponsor, for the corresponding service areas. (b) Additional Approval Procedures.-- (1) Locality over population threshold.--The Secretary shall approve a prime sponsorship plan submitted by a locality if-- (A) the locality meets a population threshold determined by the Secretary, except that the Secretary may waive the population threshold if it creates a barrier to providing child care and early learning services in a service area of a specified type, such as a rural region; (B) the plan meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area of such locality; and (C) the locality is a-- (i) city; (ii) county; or (iii) other unit of general local government, including a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Localities with common geographical area.--In the event that the area under the jurisdiction of a unit of general local government described in clause (i), (ii), (iii), or (iv) of paragraph (1)(C) includes any common geographical area with the geographical area covered by another such unit of general local government, the Secretary shall designate to serve such common area the unit of general local government that-- (A) the Secretary determines has the capability of more effectively carrying out the purposes of this title with respect to such area; and (B) has submitted a plan which meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in such area. (3) Localities.-- (A) Submission by combination.--In the event that the Secretary determines that a locality does not meet the requirements for designation as a prime sponsor under this section, the Secretary shall take steps to encourage the submission of a prime sponsorship plan, covering the area of such locality, by a combination of localities which are adjoining and possess a sufficient commonality of interest. (B) Approval.--The Secretary shall approve a prime sponsorship plan submitted by such a combination of localities, if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area covered by the combination of such localities. (4) Indian tribes and tribal organizations.--The Secretary shall approve a prime sponsorship plan submitted by an Indian Tribe or Tribal organization if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area to be served. (5) States.--The Secretary shall approve a prime sponsorship plan submitted by a State if the Secretary determines that the plan so submitted-- (A) meets the requirements of subsection (a); (B) includes adequate provisions for carrying out child care and early learning programs in the area to be served; (C) contains a commitment to coordinating the State's early childhood programs to create a cohesive system, for children from birth to entry into kindergarten, for providing child care and early learning services; (D) demonstrates that the State can deliver a child care and early learning program that ensures coverage of-- (i) the entire State; or (ii) the portions of the State that are not proposed to be covered by other entities submitting applications under subsection (a)(2); and (E) demonstrates that the State can deliver such a program with sufficient local administration, governance, and input. (6) Two phases of application review.-- (A) In general.--The Secretary shall establish two phases of review for applications in the form of prime sponsorship plans. Entities submitting such applications for the first phase of review shall be given preference for designation under subsection (a). (B) First phase.--States, Indian Tribes, Tribal organizations, entities applying to carry out migrant or seasonal child care and early learning programs, and entities and States submitting applications jointly may submit applications described in subparagraph (A) for the first phase of application review. (C) Second phase.--Localities, public or private nonprofit agencies or organizations, and entities described in subparagraph (B) may submit applications described in subparagraph (A) for the second phase of application review. (D) Priority.--During each phase of application review, the Secretary shall give priority to applications describing programs that will serve a significant number of low-income children, children with disabilities, dual language learner children, homeless children, or children in foster care, or will offer child care and early learning services during nonstandard hours. (c) Disapproval; Withdrawal of Approval.--A prime sponsorship plan submitted under this section may be disapproved or a prior designation of a prime sponsor may be withdrawn only if the Secretary, in accordance with regulations which the Secretary shall prescribe, has provided-- (1) written notice of intention to disapprove such plan or withdraw such designation, including a statement of the reasons; (2) a reasonable time in which to submit corrective amendments to such plan or undertake other necessary corrective action; and (3) an opportunity for a public hearing upon which basis an appeal to the Secretary may be taken as of right. (d) Unserved Areas.--From amounts allocated under section 103(b) in the event that a prime sponsorship plan has not been submitted or approved, if a prime sponsor designation has been withdrawn, or if the needs of seasonal and migrant farmworkers, minority groups, or low- income individuals are not being met, for a service area, the Secretary shall develop and implement a program of outreach to identify a prime sponsor. If necessary, the Secretary may enter into an agreement with an organization, such as a national nonprofit organization, to serve as the prime sponsor for such an area. The Secretary shall meet the requirements described in subsection (g) before entering into the agreement. (e) Designation Renewal.-- (1) Designation renewal.--A prime sponsor shall obtain renewal of the designation of the prime sponsor not more frequently than every 3 years and not less frequently than every 5 years. (2) System for designation renewal.--The Secretary shall develop a system for prime sponsors to renew their designation, under which the Secretary shall determine if a prime sponsor is delivering a high-quality and comprehensive child care and early learning program that meets the health, educational, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in section 121(a), and governance and legal requirements. (f) Prohibition Against Entities Other Than Indian Tribes or Tribal Organizations Receiving a Grant for a Child Care and Early Learning Program on Indian Land.-- (1) In general.--Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may an entity other than an Indian Tribe or Tribal organization receive a grant to carry out a child care and early learning program on Tribal land. (2) Exceptions.-- (A) No indian tribe or tribal organization available.--In a service area in which there is no Indian Tribe or Tribal organization available for designation to carry out a child care and early learning program on Indian land, an entity that is not a Tribal organization may receive a grant to carry out a child care and early learning program on Indian land, but only until such time as an Indian Tribe or Tribal organization in such service area becomes available and is designated pursuant to this section. (B) Joint prime sponsors.--For a service area that consists of any non-reservation Indian land, if the Indian Tribe or Tribal organization involved is not interested in serving or does not have the capacity to serve the entire service area, the Indian Tribe or Tribal organization may work with another prime sponsor to jointly serve as prime sponsors for the service area. (g) Family, Child Care Worker, and Community Participation.--The Secretary shall-- (1) significantly involve parents, family members, family child care home providers, child care and early learning staff, labor unions, and community residents in the service area for the program involved, in the process for designation of prime sponsors; and (2) ensure that the persons selected to be involved in that process shall reflect the diversity of the service area, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian.

SEC. 114. POWERS AND FUNCTIONS OF PRIME SPONSORS.

(a) Authority.--If an entity has been designated as a prime sponsor under this title-- (1) the entity may receive and administer funds under this title, funds and contributions from private or local public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program related to the provision of child care and early learning services; (2) the entity may transfer funds so received, and delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities; (3) the entity's power to transfer funds and delegate powers shall include the power to make transfers and delegations for services in all cases where the transfers and delegations will contribute to efficiency and effectiveness or otherwise further program objectives; and (4) the entity may set up a process to negotiate wages, benefits, hours, and working conditions of teachers and other staff in the corresponding child care and early learning program. (b) Comprehensive Child Care and Early Learning Plans.-- (1) In general.--Financial assistance under this title may be provided by the Secretary to an entity that is a prime sponsor designated pursuant to section 113 only pursuant to an application in the form of a comprehensive child care and early learning plan which was submitted annually by such entity and approved by the Secretary in accordance with the provisions of this title. (2) Contents.--Any such plan shall set forth a comprehensive proposal, for providing child care and early learning services in the service area, which-- (A) assesses all child care and early learning needs and goals within the area and the applicant's proposal for addressing those needs; (B) describes the demographic and economic data and other criteria the prime sponsor proposes to use to determine whether a community is in particular need of child care; (C) identifies specific communities determined to be in particular need of child care, where such communities are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; (D) describes how the prime sponsor will increase the child care supply, quality, and affordability for all families in communities of particular need, which may include providing start-up funding, technical assistance, training and professional development for the child care workforce, enhanced compensation, and other activities; (E) describes how the prime sponsor will provide comprehensive health, mental health, education, parental or family member involvement, nutritional, social, and other services for the children that need child care and early learning services, including appropriate screening and referrals for children with challenging behaviors and other mental health needs; (F) provides that services are full-working-day and full calendar year long, and ensures that the available hours of services are responsive to the needs of families in the service area, including, as appropriate, nonstandard hour care; (G) describes how the prime sponsor will guarantee all children in the service area access to the child care and early learning program and use funds provided under section 112(a)(1) for child care and early learning services; (H) describes how the prime sponsor will promote children's mental health, social and emotional well- being, and overall health, by providing supports for positive learning environments for the children, including-- (i) strategies for supporting children with challenging behaviors and other social, emotional, and mental health concerns; and (ii) teacher training and mental health consultations for both staff and children of the child care and early learning program; (I) includes a policy on suspension and expulsion that-- (i) prohibits or severely limits the use of suspension due to a child's behavior and ensures suspensions are only temporary in nature; (ii) prohibits expelling or unenrolling a child from the program because of the child's behavior; and (iii) provides that, in the case of a child exhibiting persistent and serious challenging behaviors, the program provider will-- (I) explore all possible steps and document all steps taken to address such behaviors; (II) make efforts to facilitate the child's safe participation in the program; and (III) after taking the steps described in subclauses (I) and (II), if the provider determines, in consultation with parents and other professionals, that the program is not the most appropriate placement for the child, work with the parents to directly facilitate the transition of the child to a more appropriate placement; (J) provides that funds received under section 112(a)(1) will be used for a child care and early learning program for covered children; (K) describes how, in the case of a prime sponsor located within or adjacent to a metropolitan area, the prime sponsor will coordinate activities with other prime sponsors located within such metropolitan area; (L) provides that, to the extent feasible, the child care and early learning program will include children from a range of socioeconomic backgrounds, and that children will have access to all child care and early learning service providers in the service area, with priority given to the provider preferences stated by the parents and family members of low-income children; (M) ensures that, where socioeconomic diversity of children among providers in the service area cannot be achieved, the share of program costs not covered through the Federal share or program fees does not fall on a single provider or a subset of providers within the service area; (N) provides that services will be culturally, linguistically, and developmentally appropriate; (O) provides that services will take into account the unique needs of communities, families, and children in the service area, including low-income children, children with incarcerated parents, homeless children, and children who are dual language learners; (P) describes a system for offering child care and early learning options, for facilitating the selection of such an option, and for enrollment of children, which may include establishing and operating a website for families; (Q) describes how the prime sponsor will conduct outreach to all families in the service area and referrals, using the appropriate medium for families who speak a language other than English; (R) provides equitably for the child care and early learning needs of all covered children within the service area, and promotes equity and addresses disparities in the provision of services, including equity and disparities related to income, culture, race and ethnicity, language, or status as a child of a migrant or seasonal farmworker, as a child belonging to an Indian Tribe, or as a Native Hawaiian child; (S) provides, insofar as possible, for coordination of the child care and early learning program with other social programs; (T) provides for-- (i) direct participation of parents, family members, and child care and early learning program staff, including teachers and paraprofessionals, in the conduct of overall direction of, decision-making for, and evaluation of the child care and early learning program; and (ii) sufficient support for the persons described in clause (i) to participate in the activities described in clause (i); (U) provides to the extent feasible for the employment as both professionals and paraprofessionals of residents in the service area in a way that takes into account the cultural, racial and ethnic, and linguistic diversity of the families served; (V) includes to the extent feasible a career development plan for paraprofessional and professional training, education, and advancement on a career ladder; (W) provides that, insofar as possible, persons residing in the service area will receive jobs, including in-home and part-time jobs, and opportunities for training in programs under sections 135 and 136, with special consideration for career opportunities for low-income individuals; (X) provides for the regular and frequent dissemination of information in the language of workers and those to be served, to ensure that parents, family members, and interested persons in the service area are fully informed of services available through the child care and early learning program, and of the activities of the prime sponsor's Child Care and Early Learning Council; (Y) provides for coordination with administrators of programs and services that are related to child care and early learning programs and services and that are not funded through this title, including programs conducted under the auspices of or with the support of business or financial institutions or organizations, industry, labor unions, employee or labor-management organizations, or other community groups; (Z) as applicable, describes any arrangements for the delegation, under the supervision of the Child Care and Early Learning Council, to public or private agencies or organizations, of responsibilities for the delivery of child care and early learning services for which financial assistance is provided under this title or for planning or evaluation services to be made available with respect to a child care and early learning program under this title; (AA) contains plans for regularly conducting surveys and analyses of needs for the child care and early learning program in the service area and for submitting to the Secretary a comprehensive annual report and evaluation in such form and containing such information as the Secretary shall require by regulation; (BB) provides that-- (i) services for children with disabilities at the State, Tribal, and local levels will be available, in the child care and early learning program approved under the plan; and (ii) formal linkages are in place between the program and providers of early intervention services for infants and toddlers with disabilities; (CC) provides assurances satisfactory to the Secretary that the non-Federal share requirements described in section 112(c) will be met; (DD) provides for such fiscal control, fiscal staffing, and funding accounting procedures as the Secretary may prescribe to ensure proper disbursement of and accounting for Federal funds paid to the prime sponsor; (EE) provides that the child care and early learning program, or services within the program, under this title shall be provided only for children whose parents or legal guardians have requested the services; (FF) sets forth satisfactory provisions for establishing, consistent with subsection (d)(1), and maintaining a Child Care and Early Learning Council which meets the requirements of subsection (d); (GG) provides verification that the sponsor and its delegate providers-- (i) will recognize and bargain with labor unions representing family child care home providers, teachers and other staff of child care and early learning programs in order to meet the requirements set forth in section 136 and for other purposes; and (ii) will not assist in, promote, or deter labor union organizing; (HH) provides an annual technical assistance and training plan; (II) provides for collection and reporting of program performance data in both an aggregate form and disaggregated by family income, culture, race and ethnicity, and primary language; (JJ) documents a written affirmation, signed by the appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes or Native Hawaiian groups, which recognizes that the prime sponsor has engaged in timely and meaningful consultation with the appropriate officials from Indian Tribes or Tribal organizations if-- (i) a program is being operated on or near an Indian reservation, or if more than 15 percent of children enrolled in the program are Indians or Native Hawaiians; and (ii) the prime sponsor is not an Indian Tribe or Tribal organization; (KK) provides that services will be provided with a holistic and multi-generational approach that includes promoting the well-being of pregnant women and engaging expectant parents during prenatal and early months; (LL) describes how the sponsor will ensure that key workplace protections and rights, similar to the protections and rights specified in the National Labor Relations Act (29 U.S.C. 151 et seq.), are provided; (MM) describes how the sponsor will implement a process in which, through their labor unions, family child care home providers and child care and early learning center staff participate in a collective process to set wages, benefits, hours, and minimum standards for working conditions; (NN) describes how the sponsor will ensure that family child care home providers, including teachers and other staff of family child care home providers, and teachers and other staff at a child care and early learning center (including employees of a delegate provider) are paid compensation that meets the requirements of section 136(b); (OO) provides that the sponsor will provide teachers and other staff with supports that are high- quality, research-based, and rooted in adult learning theory; (PP) provides that the program will be accessible to, and that staff will receive training on working with, children with disabilities and parents with disabilities; (QQ) describes how the prime sponsor will award financial assistance to delegate providers, consistent with the requirements under this section, for the provision of child care and early learning services for children under this section that, at a minimum, supports-- (i) the providers' operating expenses to meet and sustain compliance with health, safety, quality, and wage standards required under this section; and (ii) services to address underserved populations described in section 137(a)(4); and (RR) meets any other requirements or provides any information the Secretary requires by regulation. (c) Uses.--The Secretary shall provide the financial assistance to a prime sponsor, for the planning, conduct, administration, and evaluation of a child care and early learning program that delivers services in accordance with the requirements of the comprehensive child care and early learning plan specified under subsection (b), and for implementing the following activities: (1)(A) Provide for family member and community involvement, including the involvement of parents, family members, community residents, current or future staff of a child care and early learning program, and local businesses, in the design and implementation of the program. (B) The prime sponsor shall-- (i) provide for the involvement in a manner that recognizes parents and family members as their children's primary teachers and nurturers; and (ii) implement intentional strategies to engage parents and family members in their children's learning and development and support parent-child relationships. (2) Provide for implementing additional activities, other than the activities described in paragraph (1), that the Secretary determines to be appropriate by regulation, which additional activities may include-- (A) activities to support family well-being related to family safety, health, and economic stability, including substance abuse counseling (either directly or through referral to local entities), which may include providing information on the effect of prenatal exposure to drugs and alcohol; and (B) other activities designed to facilitate a partnership in the program with parents in supporting the development and early learning of their child, including providing-- (i) training in basic child care and early learning (including cognitive, social, and emotional development); (ii) assistance in developing adult or family literacy and communication skills; (iii) opportunities to share experiences with other parents (including parent-mentor relationships); (iv) health services, including information on maternal depression and mental health; (v) regular in-home or virtual visitation; or (vi) family literacy services. (3) Provide, with respect to each participating family, a family needs assessment that includes consultation with the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, where applicable) in the family's preferred language or through an interpreter, to the extent practicable, and ensure parents have the opportunity to share personal information in an environment in which the parents feel safe. (4) Provide to parents of dual language learners outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. (5) Promote the continued partnership in the program of the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in child care and early learning programs in the education of their children upon transition of their children to school, by working with the local educational agency-- (A) to implement strategies and activities, including providing information and training to the parents-- (i) to help parents advocate for and promote successful transitions to kindergarten for their children, including helping parents continue to be involved in the education and development of their child, and to help parents understand and prepare to exercise their rights and responsibilities concerning the education of their children; (ii) in the case of parents with children who receive services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), to collaborate with the parents, and the local agency responsible for providing such services, to support the children and parents in transitioning to a new setting in elementary school; and (iii) to prepare parents-- (I) to understand and work with schools in order to communicate with teachers and other school personnel; (II) to continue to support their children's learning, in an elementary school setting; and (III) to participate as appropriate in decisions relating to the education of their children and advocate for their children's needs; and (B) to advocate for the local educational agency to ensure that schools have a process in place to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. (6) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency. (7) Establish effective procedures-- (A) for providing necessary early intervention services and special education and related services to children with developmental delays and disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act; and (B) in the case of a child for whom an evaluation determines that the child is not eligible for early intervention services or special education and related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400), but who has a documented significant delay, for partnering with parents to help the parents access services and supports to help address the child's identified needs through health insurance or other means. (8) Ensure that each family with a covered child who requests a placement receives one in the service area and, in making the placement, recognize and take into account the family's needs regarding setting (such as a family child care home or center-based setting), cultural and linguistic preferences, operating schedule, and preferences on location. (9) Provide both center-based and family child care home options for child care and early learning services to families. (d) Program Governance.-- (1) Advisory council.--Upon receiving designation as a prime sponsor, the prime sponsor shall establish a Child Care and Early Learning Advisory Council (referred to in this section as a ``Council'') and maintain the Council to advise the prime sponsor and assist in the coordination of program services and implementation. (2) State council.--In the event that the prime sponsor is a State, the Council shall coordinate activities with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b) in the Head Start Act (42 U.S.C. 9837b(b)). (3) Overall composition.-- (A) In general.--The Secretary shall establish the composition requirements for the Council ensuring that the Council has representation of-- (i) parents or family members of children served by child care and early learning programs; (ii) staff and providers of child care and early learning programs, or their representatives; and (iii) other relevant stakeholders. (B) Representation.--Members of the Council shall reflect the population served by the prime sponsor, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. (4) Chairperson.--Each Council shall select its own chairperson, from among the members of the Council. (5) Conflict of interest.-- (A) In general.--Members of the Council shall-- (i) not have a financial conflict of interest with the prime sponsor; (ii) not receive compensation for serving on the Council or for providing services to the prime sponsor; (iii) not be employed, nor shall members of their immediate family be employed, by a prime sponsor in the service area; and (iv) as a Council, operate as an entity independent of staff employed by the prime sponsor. (B) Exception.--If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Council, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (A)-- (i) such individual shall not be prohibited from serving on such body and the Council shall report such conflict to the Secretary; and (ii) if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation. (6) Responsibilities.--The Council shall provide regular advice and guidance to the prime sponsor on the basic goals, policies, actions, and procedures, at a basic level, for the prime sponsor relating to the child care and early learning program involved, including policies with respect to planning, general supervision and oversight, overall coordination, personnel, budgeting, funding, and monitoring and evaluation, of the programs. (e) Program Governance Administration.-- (1) Impasse policies.--The Secretary shall develop policies, procedures, and guidance for prime sponsors concerning the resolution of internal disputes, including any impasse in the governance of child care and early learning programs. (2) Conduct of responsibilities.--Each prime sponsor shall ensure the sharing of accurate and regular information for use by the Council, about program planning, policies, and operations. (3) Training and technical assistance.--Appropriate training and technical assistance shall be provided to the members of the Council to ensure that the members understand the information the members receive and can effectively oversee and participate in the child care and early learning program of the prime sponsor. (f) Collaboration and Coordination.--On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program is implemented in a way that promotes collaboration and coordination with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to children and families, including implementing each of the following activities: (1) Conduct outreach to schools in which children participating in the child care and early learning program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith- based organizations, museums, health care providers, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness. (2) Coordinate activities and collaborate with entities (including providers) carrying out programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a), parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), or the Head Start Act (42 U.S.C. 9831 et seq.), and other entities providing early childhood education and development programs or services. (3) Take steps to coordinate activities with the local educational agency serving the service area involved and with schools in which children participating in the child care and early learning program will enroll following the program, including-- (A) collaborating on the shared use of transportation and facilities, in appropriate cases; (B) collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation; and (C) exchanging information on the provision of noneducational services. (4) If there is a public preschool program in the service area that is not a prime sponsor nor a participant in the child care and early learning program, enter into a memorandum of understanding with the local entity responsible for managing the preschool program, not later than 1 year after the date of enactment of this Act, that shall-- (A)(i) provide for a review of each of the activities described in clause (ii); and (ii) include plans to coordinate, as appropriate, activities regarding-- (I) educational activities, curricular objectives, and instruction; (II) public information dissemination and access to programs for families contacting the child care and early learning program or the preschool program; (III) selection priorities for eligible children to be served by the child care and early learning program or any of the preschool programs; (IV) service areas; (V) staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development; (VI) program technical assistance; (VII) provision of additional services to meet the needs of parents or family members, as applicable; (VIII) communications and outreach to parents and family members for smooth transitions to kindergarten as required in paragraphs (3) and (6) of section 122(a); (IX) provision and use of facilities, transportation, and other program elements; and (X) other elements mutually agreed to by the parties to such memorandum; (B) be submitted to the Secretary and the State Director of Child Care and Early Learning Program Collaboration not later than 30 days after the parties enter into such memorandum; and (C) be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year. The requirements of the preceding sentence shall not apply where the local entity responsible for managing the public preschool program is unable or unwilling to enter into such a memorandum, and the prime sponsor shall inform the Secretary and the State Director of Child Care and Early Learning Program Collaboration of such inability or unwillingness. (g) Standards, Curricula, and Assessment.--On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program will-- (1) take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved and build upon such gains in further schooling; (2) meet the national program standards set forth in section 121(a); (3) implement a research-based early childhood curriculum that-- (A) promotes young children's school readiness in the areas listed in section 121(a)(4)(A)(ii); (B)

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