-CITE-

20 USC CHAPTER 75 - EARLY LEARNING OPPORTUNITIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

.

-HEAD-

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-MISC1-

Sec.

9401. Purposes.

9402. Definitions.

9403. Prohibitions.

(a) Participation not required.

(b) Rights of parents.

(c) Particular methods or settings.

(d) Nonduplication.

9404. Authorization and appropriation of funds.

9405. Coordination of Federal programs.

(a) Coordination.

(b) Use of equipment and supplies.

9406. Program authorized.

(a) Grants.

(b) Federal share.

(c) Maintenance of effort.

(d) Supplement not supplant.

(e) Special rule.

9407. Uses of funds.

(a) In general.

(b) Limited uses.

(c) Requirements.

(d) Sliding scale payments.

9408. Reservations and allotments.

(a) Reservation for Indian tribes, Alaska Natives,

and Native Hawaiians.

(b) Allotments.

(c) Minimum allotment.

(d) Availability of funds.

(e) Data.

9409. Grant administration.

(a) Federal administrative costs.

(b) State administrative costs.

(c) Lead State Agency.

9410. State requirements.

(a) Eligibility.

(b) State preference.

(c) Local preference.

(d) Performance goals.

9411. Local allocations.

(a) In general.

(b) Limitation.

9412. Local applications.

(a) In general.

(b) Contents.

9413. Local administration.

(a) Local Council.

(b) Administration.

-CITE-

20 USC Sec. 9401 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9401. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to increase the availability of voluntary programs,

services, and activities that support early childhood

development, increase parent effectiveness, and promote the

learning readiness of young children so that young children enter

school ready to learn;

(2) to support parents, child care providers, and caregivers

who want to incorporate early learning activities into the daily

lives of young children;

(3) to remove barriers to the provision of an accessible system

of early childhood learning programs in communities throughout

the United States;

(4) to increase the availability and affordability of

professional development activities and compensation for

caregivers and child care providers; and

(5) to facilitate the development of community-based systems of

collaborative service delivery models characterized by resource

sharing, linkages between appropriate supports, and local

planning for services.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 802), Dec. 21,

2000, 114 Stat. 2763, 2763A-80.)

-MISC1-

SHORT TITLE; FINDINGS

Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 801), Dec. 21,

2000, 114 Stat. 2763, 2763A-79, provided that:

''(a) Short Title. - This title (enacting this chapter) may be

cited as the 'Early Learning Opportunities Act'.

''(b) Findings. - Congress finds that -

''(1) medical research demonstrates that adequate stimulation

of a young child's brain between birth and age 5 is critical to

the physical development of the young child's brain;

''(2) parents are the most significant and effective teachers

of their children, and they alone are responsible for choosing

the best early learning opportunities for their child;

''(3) parent education and parent involvement are critical to

the success of any early learning program or activity;

''(4) the more intensively parents are involved in their

child's early learning, the greater the cognitive and

noncognitive benefits to their children;

''(5) many parents have difficulty finding the information and

support the parents seek to help their children grow to their

full potential;

''(6) each day approximately 13,000,000 young children,

including 6,000,000 infants or toddlers, spend some or all of

their day being cared for by someone other than their parents;

''(7) quality early learning programs, including those designed

to promote effective parenting, can increase the literacy rate,

the secondary school graduation rate, the employment rate, and

the college enrollment rate for children who have participated in

voluntary early learning programs and activities;

''(8) early childhood interventions can yield substantial

advantages to participants in terms of emotional and cognitive

development, education, economic well-being, and health, with the

latter two advantages applying to the children's families as

well;

''(9) participation in quality early learning programs,

including those designed to promote effective parenting, can

decrease the future incidence of teenage pregnancy, welfare

dependency, at-risk behaviors, and juvenile delinquency for

children;

''(10) several cost-benefit analysis studies indicate that for

each $1 invested in quality early learning programs, the Federal

Government can save over $5 by reducing the number of children

and families who participate in Federal Government programs like

special education and welfare;

''(11) for children placed in the care of others during the

workday, the low salaries paid to the child care staff, the lack

of career progression for the staff, and the lack of child

development specialists involved in early learning and child care

programs, make it difficult to attract and retain the quality of

staff necessary for a positive early learning experience;

''(12) Federal Government support for early learning has

primarily focused on out-of-home care programs like those

established under the Head Start Act (42 U.S.C. 9831 et seq.),

the Child Care and Development Block Grant (Act) of 1990 (42

U.S.C. 9858 et seq.), and part C of the Individuals with

Disabilities Education Act (20 U.S.C. 1431 et seq.), and these

programs -

''(A) serve far fewer than half of all eligible children;

''(B) are not primarily designed to provide support for

parents who care for their young children in the home; and

''(C) lack a means of coordinating early learning

opportunities in each community; and

''(13) by helping communities increase, expand, and better

coordinate early learning opportunities for children and their

families, the productivity and creativity of future generations

will be improved, and the Nation will be prepared for continued

leadership in the 21st century.''

-CITE-

20 USC Sec. 9402 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9402. Definitions

-STATUTE-

In this chapter:

(1) Caregiver

The term ''caregiver'' means an individual, including a

relative, neighbor, or family friend, who regularly or frequently

provides care, with or without compensation, for a child for whom

the individual is not the parent.

(2) Child care provider

The term ''child care provider'' means a provider of

non-residential child care services (including center-based,

family-based, and in-home child care services) for compensation

who or that is legally operating under State law, and complies

with applicable State and local requirements for the provision of

child care services.

(3) Early learning

The term ''early learning'', used with respect to a program or

activity, means learning designed to facilitate the development

of cognitive, language, motor, and social-emotional skills for,

and to promote learning readiness in, young children.

(4) Early learning program

The term ''early learning program'' means -

(A) a program of services or activities that helps parents,

caregivers, and child care providers incorporate early learning

into the daily lives of young children; or

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

children.

(5) Indian tribe

The term ''Indian tribe'' has the meaning given the term in

section 450b of title 25.

(6) Local Council

The term ''Local Council'' means a Local Council established or

designated under section 9413(a) of this title that serves one or

more localities.

(7) Locality

The term ''locality'' means a city, county, borough, township,

or area served by another general purpose unit of local

government, an Indian tribe, a Regional Corporation, or a Native

Hawaiian entity.

(8) Parent

The term ''parent'' means a biological parent, an adoptive

parent, a stepparent, a foster parent, or a legal guardian of, or

a person standing in loco parentis to, a child.

(9) Poverty line

The term ''poverty line'' means the poverty line (as defined by

the Office of Management and Budget, and revised annually in

accordance with section 9902(2) of title 42) applicable to a

family of the size involved.

(10) Regional Corporation

The term ''Regional Corporation'' means an entity listed in

section 619(4)(B) of title 42.

(11) Secretary

The term ''Secretary'' means the Secretary of Health and Human

Services.

(12) State

The term ''State'' means each of the several States of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico.

(13) Training

The term ''training'' means instruction in early learning that

-

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

regulations, and policies;

(B) is required to receive a nationally or State recognized

credential or its equivalent;

(C) is received in a postsecondary education program focused

on early learning or early childhood development in which the

individual is enrolled; or

(D) is provided, certified, or sponsored by an organization

that is recognized for its expertise in promoting early

learning or early childhood development.

(14) Young child

The term ''young child'' means any child from birth to the age

of mandatory school attendance in the State where the child

resides.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 803), Dec. 21,

2000, 114 Stat. 2763, 2763A-81.)

-CITE-

20 USC Sec. 9403 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9403. Prohibitions

-STATUTE-

(a) Participation not required

No person, including a parent, shall be required to participate

in any program of early childhood education, early learning, parent

education, or developmental screening pursuant to the provisions of

this chapter.

(b) Rights of parents

Nothing in this chapter shall be construed to affect the rights

of parents otherwise established in Federal, State, or local law.

(c) Particular methods or settings

No entity that receives funds under this chapter shall be

required to provide services under this chapter through a

particular instructional method or in a particular instructional

setting to comply with this chapter.

(d) Nonduplication

No funds provided under this chapter shall be used to carry out

an activity funded under another provision of law providing for

Federal child care or early learning programs, unless an expansion

of such activity is identified in the local needs assessment and

performance goals under this chapter.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 804), Dec. 21,

2000, 114 Stat. 2763, 2763A-82.)

-CITE-

20 USC Sec. 9404 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9404. Authorization and appropriation of funds

-STATUTE-

There are authorized to be appropriated to the Department of

Health and Human Services to carry out this chapter -

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

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

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

(4) such sums as may be necessary for each of the fiscal years

2004 and 2005.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 805), Dec. 21,

2000, 114 Stat. 2763, 2763A-82.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9406, 9408, 9409 of this

title.

-CITE-

20 USC Sec. 9405 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9405. Coordination of Federal programs

-STATUTE-

(a) Coordination

The Secretary and the Secretary of Education shall develop

mechanisms to resolve administrative and programmatic conflicts

between Federal programs that would be a barrier to parents,

caregivers, service providers, or children related to the

coordination of services and funding for early learning programs.

(b) Use of equipment and supplies

In the case of a collaborative activity funded under this chapter

and another provision of law providing for Federal child care or

early learning programs, the use of equipment and nonconsumable

supplies purchased with funds made available under this chapter or

such provision shall not be restricted to children enrolled or

otherwise participating in the program carried out under this

chapter or such provision, during a period in which the activity is

predominately funded under this chapter or such provision.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 806), Dec. 21,

2000, 114 Stat. 2763, 2763A-82.)

-CITE-

20 USC Sec. 9406 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9406. Program authorized

-STATUTE-

(a) Grants

From amounts appropriated under section 9404 of this title the

Secretary shall award grants to States to enable the States to

award grants to Local Councils to pay the Federal share of the cost

of carrying out early learning programs in the locality served by

the Local Council.

(b) Federal share

(1) In general

The Federal share of the cost described in subsections (a) and

(e) of this section shall be 85 percent for the first and second

years of the grant, 80 percent for the third and fourth years of

the grant, and 75 percent for the fifth and subsequent years of

the grant.

(2) Non-Federal share

The non-Federal share of the cost described in subsections (a)

and (e) of this section may be contributed in cash or in kind,

fairly evaluated, including facilities, equipment, or services,

which may be provided from State or local public sources, or

through donations from private entities. For the purposes of

this paragraph the term ''facilities'' includes the use of

facilities, but the term ''equipment'' means donated equipment

and not the use of equipment.

(c) Maintenance of effort

The Secretary shall not award a grant under this chapter to any

State unless the Secretary first determines that the total

expenditures by the State and its political subdivisions to support

early learning programs (other than funds used to pay the

non-Federal share under subsection (b)(2) of this section) for the

fiscal year for which the determination is made is equal to or

greater than such expenditures for the preceding fiscal year.

(d) Supplement not supplant

Amounts received under this chapter shall be used to supplement

and not supplant other Federal, State, and local public funds

expended to promote early learning.

(e) Special rule

If funds appropriated to carry out this chapter are less than

$150,000,000 for any fiscal year, the Secretary shall award grants

for the fiscal year directly to Local Councils, on a competitive

basis, to pay the Federal share of the cost of carrying out early

learning programs in the locality served by the Local Council. In

carrying out the preceding sentence -

(1) subsection (c) of this section, subsections (b) and (c) of

section 9409 of this title, and paragraphs (1), (2), and (3) of

section 9410(a) of this title shall not apply;

(2) State responsibilities described in section 9410(d) of this

title shall be carried out by the Local Council with regard to

the locality;

(3) the Secretary shall provide such technical assistance and

monitoring as necessary to ensure that the use of the funds by

Local Councils and the distribution of the funds to Local

Councils are consistent with this chapter; and

(4) subject to paragraph (1), the Secretary shall assume the

responsibilities of the Lead State Agency under this chapter, as

appropriate.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 807), Dec. 21,

2000, 114 Stat. 2763, 2763A-82.)

-CITE-

20 USC Sec. 9407 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9407. Uses of funds

-STATUTE-

(a) In general

Subject to section 9409 of this title, grant funds under this

chapter shall be used to pay for developing, operating, or

enhancing voluntary early learning programs that are likely to

produce sustained gains in early learning.

(b) Limited uses

Subject to section 9409 of this title, Lead State Agencies and

Local Councils shall ensure that funds made available under this

chapter to the agencies and Local Councils are used for three or

more of the following activities:

(1) Helping parents, caregivers, child care providers, and

educators increase their capacity to facilitate the development

of cognitive, language comprehension, expressive language,

social-emotional, and motor skills, and promote learning

readiness.

(2) Promoting effective parenting.

(3) Enhancing early childhood literacy.

(4) Developing linkages among early learning programs within a

community and between early learning programs and health care

services for young children.

(5) Increasing access to early learning opportunities for young

children with special needs, including developmental delays, by

facilitating coordination with other programs serving such young

children.

(6) Increasing access to existing early learning programs by

expanding the days or times that the young children are served,

by expanding the number of young children served, or by improving

the affordability of the programs for low-income families.

(7) Improving the quality of early learning programs through

professional development and training activities, increased

compensation, and recruitment and retention incentives, for early

learning providers.

(8) Removing ancillary barriers to early learning, including

transportation difficulties and absence of programs during

nontraditional work times.

(c) Requirements

Each Lead State Agency designated under section 9409(c) of this

title and Local Councils receiving a grant under this chapter shall

ensure -

(1) that Local Councils described in section 9413 of this title

work with local educational agencies to identify cognitive,

social, emotional, and motor developmental abilities which are

necessary to support children's readiness for school;

(2) that the programs, services, and activities assisted under

this chapter will represent developmentally appropriate steps

toward the acquisition of those abilities; and

(3) that the programs, services, and activities assisted under

this chapter collectively provide benefits for children cared for

in their own homes as well as children placed in the care of

others.

(d) Sliding scale payments

States and Local Councils receiving assistance under this chapter

shall ensure that programs, services, and activities assisted under

this chapter which customarily require a payment for such programs,

services, or activities, adjust the cost of such programs,

services, and activities provided to the individual or the

individual's child based on the individual's ability to pay.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 808), Dec. 21,

2000, 114 Stat. 2763, 2763A-83.)

-CITE-

20 USC Sec. 9408 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9408. Reservations and allotments

-STATUTE-

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

Hawaiians

The Secretary shall reserve 1 percent of the total amount

appropriated under section 9404 of this title for each fiscal year,

to be allotted to Indian tribes, Regional Corporations, and Native

Hawaiian entities, of which -

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

(2) 0.5 percent shall be available to Regional Corporations and

Native Hawaiian entities.

(b) Allotments

From the funds appropriated under this chapter for each fiscal

year that are not reserved under subsection (a) of this section,

the Secretary shall allot to each State the sum of -

(1) an amount that bears the same ratio to 50 percent of such

funds as the number of children 4 years of age and younger in the

State bears to the number of such children in all States; and

(2) an amount that bears the same ratio to 50 percent of such

funds as the number of children 4 years of age and younger living

in families with incomes below the poverty line in the State

bears to the number of such children in all States.

(c) Minimum allotment

No State shall receive an allotment under subsection (b) of this

section for a fiscal year in an amount that is less than .40

percent of the total amount appropriated for the fiscal year under

this chapter.

(d) Availability of funds

Any portion of the allotment to a State that is not expended for

activities under this chapter in the fiscal year for which the

allotment is made shall remain available to the State for two

additional years, after which any unexpended funds shall be

returned to the Secretary. The Secretary shall use the returned

funds to carry out a discretionary grant program for research-based

early learning demonstration projects.

(e) Data

The Secretary shall make allotments under this chapter on the

basis of the most recent data available to the Secretary.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 809), Dec. 21,

2000, 114 Stat. 2763, 2763A-84.)

-CITE-

20 USC Sec. 9409 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9409. Grant administration

-STATUTE-

(a) Federal administrative costs

The Secretary may use not more than 3 percent of the amount

appropriated under section 9404 of this title for a fiscal year to

pay for the administrative costs of carrying out this chapter,

including the monitoring and evaluation of State and local efforts.

(b) State administrative costs

A State that receives a grant under this chapter may use -

(1) not more than 2 percent of the funds made available through

the grant to carry out activities designed to coordinate early

learning programs on the State level, including programs funded

or operated by the State educational agency, health, children and

family, and human service agencies, and any State-level

collaboration or coordination council involving early learning

and education, such as the entities funded under section

9835(a)(5) of title 42;

(2) not more than 2 percent of the funds made available through

the grant for the administrative costs of carrying out the grant

program and the costs of reporting State and local efforts to the

Secretary; and

(3) not more than 3 percent of the funds made available through

the grant for training, technical assistance, and wage incentives

provided by the State to Local Councils.

(c) Lead State Agency

(1) In general

To be eligible to receive an allotment under this chapter, the

Governor of a State shall appoint, after consultation with the

leadership of the State legislature, a Lead State Agency to carry

out the functions described in paragraph (2).

(2) Lead State Agency

(A) Allocation of funds

The Lead State Agency described in paragraph (1) shall

allocate funds to Local Councils as described in section 9411

of this title.

(B) Functions of agency

In addition to allocating funds pursuant to subparagraph (A),

the Lead State Agency shall -

(i) advise and assist Local Councils in the performance of

their duties under this chapter;

(ii) develop and submit the State application;

(iii) evaluate and approve applications submitted by Local

Councils under section 9412 of this title;

(iv) ensure collaboration with respect to assistance

provided under this chapter between the State agency

responsible for education and the State agency responsible

for children and family services;

(v) prepare and submit to the Secretary, an annual report

on the activities carried out in the State under this

chapter, which shall include a statement describing how all

funds received under this chapter are expended and

documentation of the effects that resources under this

chapter have had on -

(I) parental capacity to improve learning readiness in

their young children;

(II) early childhood literacy;

(III) linkages among early learning programs;

(IV) linkages between early learning programs and health

care services for young children;

(V) access to early learning activities for young

children with special needs;

(VI) access to existing early learning programs through

expansion of the days or times that children are served;

(VII) access to existing early learning programs through

expansion of the number of young children served;

(VIII) access to and affordability of existing early

learning programs for low-income families;

(IX) the quality of early learning programs resulting

from professional development, and recruitment and

retention incentives for caregivers; and

(X) removal of ancillary barriers to early learning,

including transportation difficulties and absence of

programs during nontraditional work times; and

(vi) ensure that training and research is made available to

Local Councils and that such training and research reflects

the latest available brain development and early childhood

development research related to early learning.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 810), Dec. 21,

2000, 114 Stat. 2763, 2763A-85.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9406, 9407, 9410 of this

title.

-CITE-

20 USC Sec. 9410 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9410. State requirements

-STATUTE-

(a) Eligibility

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

(1) ensure that funds received by the State under this chapter

shall be subject to appropriation by the State legislature,

consistent with the terms and conditions required under State

law;

(2) designate a Lead State Agency under section 9409(c) of this

title to administer and monitor the grant and ensure State-level

coordination of early learning programs;

(3) submit to the Secretary an application at such time, in

such manner, and accompanied by such information as the Secretary

may require;

(4) ensure that funds made available under this chapter are

distributed on a competitive basis throughout the State to Local

Councils serving rural, urban, and suburban areas of the State;

and

(5) assist the Secretary in developing mechanisms to ensure

that Local Councils receiving funds under this chapter comply

with the requirements of this chapter.

(b) State preference

In awarding grants to Local Councils under this chapter, the

State, to the maximum extent possible, shall ensure that a broad

variety of early learning programs that provide a continuity of

services across the age spectrum assisted under this chapter are

funded under this chapter, and shall give preference to supporting

-

(1) a Local Council that meets criteria, that are specified by

the State and approved by the Secretary, for qualifying as

serving an area of greatest need for early learning programs; and

(2) a Local Council that demonstrates, in the application

submitted under section 9412 of this title, the Local Council's

potential to increase collaboration as a means of maximizing use

of resources provided under this chapter with other resources

available for early learning programs.

(c) Local preference

In awarding grants under this chapter, Local Councils shall give

preference to supporting -

(1) projects that demonstrate their potential to collaborate as

a means of maximizing use of resources provided under this

chapter with other resources available for early learning

programs;

(2) programs that provide a continuity of services for young

children across the age spectrum, individually, or through

community-based networks or cooperative agreements; and

(3) programs that help parents and other caregivers promote

early learning with their young children.

(d) Performance goals

(1) Assessments

Based on information and data received from Local Councils, and

information and data available through State resources, the State

shall biennially assess the needs and available resources related

to the provision of early learning programs within the State.

(2) Performance goals

Based on the analysis of information described in paragraph

(1), the State shall establish measurable performance goals to be

achieved through activities assisted under this chapter.

(3) Requirement

The State shall award grants to Local Councils only for

purposes that are consistent with the performance goals

established under paragraph (2).

(4) Report

The State shall report to the Secretary annually regarding the

State's progress toward achieving the performance goals

established in paragraph (2) and any necessary modifications to

those goals, including the rationale for the modifications.

(5) Improvement plans

If the Secretary determines, based on the State report

submitted under paragraph (4), that the State is not making

progress toward achieving the performance goals described in

paragraph (2), then the State shall submit a performance

improvement plan to the Secretary, and demonstrate reasonable

progress in implementing such plan, in order to remain eligible

for funding under this chapter.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 811), Dec. 21,

2000, 114 Stat. 2763, 2763A-86.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9406 of this title.

-CITE-

20 USC Sec. 9411 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9411. Local allocations

-STATUTE-

(a) In general

The Lead State Agency shall allocate to Local Councils in the

State not less than 93 percent of the funds provided to the State

under this chapter for a fiscal year.

(b) Limitation

The Lead State Agency shall allocate funds provided under this

chapter on the basis of the population of the locality served by

the Local Council.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 812), Dec. 21,

2000, 114 Stat. 2763, 2763A-88.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9409 of this title.

-CITE-

20 USC Sec. 9412 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9412. Local applications

-STATUTE-

(a) In general

To be eligible to receive assistance under this chapter, the

Local Council shall submit an application to the Lead State Agency

at such time, in such manner, and containing such information as

the Lead State Agency may require.

(b) Contents

Each application submitted pursuant to subsection (a) of this

section shall include a statement ensuring that the local

government entity, Indian tribe, Regional Corporation, or Native

Hawaiian entity has established or designated a Local Council under

section 9413 of this title, and the Local Council has developed a

local plan for carrying out early learning programs under this

chapter that includes -

(1) a needs and resources assessment concerning early learning

services and a statement describing how early learning programs

will be funded consistent with the assessment;

(2) a statement of how the Local Council will ensure that early

learning programs will meet the performance goals reported by the

Lead State Agency under this chapter; and

(3) a description of how the Local Council will form

collaboratives among local youth, social service, and educational

providers to maximize resources and concentrate efforts on areas

of greatest need.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 813), Dec. 21,

2000, 114 Stat. 2763, 2763A-88.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9409, 9410, 9413 of this

title.

-CITE-

20 USC Sec. 9413 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 75 - EARLY LEARNING OPPORTUNITIES

-HEAD-

Sec. 9413. Local administration

-STATUTE-

(a) Local Council

(1) In general

To be eligible to receive funds under this chapter, a local

government entity, Indian tribe, Regional Corporation, or Native

Hawaiian entity, as appropriate, shall establish or designate a

Local Council, which shall be composed of -

(A) representatives of local agencies directly affected by

early learning programs assisted under this chapter;

(B) parents;

(C) other individuals concerned with early learning issues in

the locality, such as representative entities providing

elementary education, child care resource and referral

services, early learning opportunities, child care, and health

services; and

(D) other key community leaders.

(2) Designating existing entity

If a local government entity, Indian tribe, Regional

Corporation, or Native Hawaiian entity has, before December 21,

2000, a Local Council or a regional entity that is comparable to

the Local Council described in paragraph (1), the entity, tribe,

or corporation may designate the council or entity as a Local

Council under this chapter, and shall be considered to have

established a Local Council in compliance with this subsection.

(3) Functions

The Local Council shall be responsible for preparing and

submitting the application described in section 9412 of this

title.

(b) Administration

(1) Administrative costs

Not more than 3 percent of the funds received by a Local

Council under this chapter shall be used to pay for the

administrative costs of the Local Council in carrying out this

chapter.

(2) Fiscal agent

A Local Council may designate any entity, with a demonstrated

capacity for administering grants, that is affected by, or

concerned with, early learning issues, including the State, to

serve as fiscal agent for the administration of grant funds

received by the Local Council under this chapter.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(1) (title VIII, Sec. 814), Dec. 21,

2000, 114 Stat. 2763, 2763A-88.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9402, 9407, 9412 of this

title.

-CITE-