42 U.S.C. § 9852b — Centers of Excellence in Early Childhood

Page 7906 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9852b (1) is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and (2) requires incision or is otherwise invasive, or involves exposure of private body parts. (b) Requirement A Head Start agency shall obtain written pa- rental consent before administration of any non- emergency intrusive physical examination of a child in connection with participation in a pro- gram under this subchapter. (c) Rule of construction Nothing in this section shall be construed to prohibit agencies from using established meth- ods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State, or tribal law. (Pub. L. 97–35, title VI, § 657A, as added Pub. L. 110–134, § 25, Dec. 12, 2007, 121 Stat. 1443.) Editorial Notes PRIOR PROVISIONS A prior section 9852a, Pub. L. 97–35, title VI, § 657A, as added Pub. L. 103–252, title I, § 123, May 18, 1994, 108 Stat. 650, related to consultation with Corporation for National and Community Service, prior to repeal by Pub. L. 105–285, title I, § 118, Oct. 27, 1998, 112 Stat. 2727. § 9852b. Centers of Excellence in Early Childhood (a) Definition In this section, the term ‘‘center of excel- lence’’ means a Center of Excellence in Early Childhood designated under subsection (b). (b) Designation and bonus grants The Secretary shall, subject to the avail- ability of funds under this section, establish a program under which the Secretary shall— (1) designate not more than 200 exemplary Head Start agencies (including Early Head Start agencies, Indian Head Start agencies, and migrant and seasonal Head Start agen- cies) as Centers of Excellence in Early Child- hood; and (2) make bonus grants to the centers of ex- cellence to carry out the activities described in subsection (d). (c) Application and designation (1) Application (A) Nomination and submission (i) In general To be eligible to receive a designation as a center of excellence under subsection (b), except as provided in clause (ii), a Head Start agency in a State shall be nominated by the Governor of the State, after selec- tion for nomination by such Governor through a competitive process, and shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may re- quire. (ii) Indian and migrant and seasonal Head Start programs In the case of an Indian Head Start agen- cy or a migrant or seasonal Head Start agency, to be eligible to receive a designa- tion as a center of excellence under sub- section (b), such an agency shall be nomi- nated by the head of the appropriate re- gional office of the Department of Health and Human Services and shall submit an application to the Secretary in accordance with clause (i). (B) Contents At a minimum, the application shall in- clude— (i) evidence that the Head Start program carried out by the agency involved has sig- nificantly improved the school readiness of children who have participated in the pro- gram; (ii) evidence that the program meets or exceeds standards described in section 9836a(a)(1) of this title, as evidenced by the results of monitoring reviews described in section 9836a(c) of this title, and has no findings of deficiencies in the preceding 3 years; (iii) evidence that the program is mak- ing progress toward meeting the require- ments described in section 9843a of this title; (iv) an assurance that the Head Start agency will develop a collaborative part- nership with the State (or a State agency) and other providers of early childhood edu- cation and development programs and services in the local community involved to conduct activities under subsection (d); (v) a nomination letter from the Gov- ernor, or appropriate regional office, dem- onstrating the agency’s ability to provide the coordination, transition, and training services of the program to be carried out under the bonus grant involved, including coordination of activities with State and local agencies that provide early childhood education and development to children and families in the community served by the agency, and carry out the activities de- scribed under subsection (d)(1); and (vi) a description of how the center in- volved, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities, as ap- propriate, assisted under this section with— (I) programs carried out under sub- chapter II–B; (II) the Early Head Start programs car- ried out under section 9840a of this title; (III) preschool programs carried out under title I of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 6301 et seq.); (IV) programs carried out under sec- tion 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); (V) State prekindergarten programs; and (VI) other programs of early childhood education and development. (2) Selection In selecting agencies to designate as centers of excellence under subsection (b), the Sec- Page 7907 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9852b retary shall designate not less than 1 from each of the 50 States, the District of Columbia, an Indian Head Start program, a migrant or seasonal Head Start program, and the Com- monwealth of Puerto Rico. (3) Priority In making bonus grant determinations under this section, the Secretary shall give priority to agencies that, through their applications, demonstrate that their programs are of excep- tional quality and would serve as exemplary models for programs in the same geographic region. The Secretary may also consider the populations served by the applicants, such as agencies that serve large proportions of fami- lies of limited English proficient children or other underserved populations, and may make bonus grants to agencies that do an excep- tional job meeting the needs of children in such populations. (4) Term of designation (A) In general Subject to subparagraph (B), the Secretary shall designate a Head Start agency as a center of excellence for a 5-year term. Dur- ing the period of that designation, subject to the availability of appropriations, the agen- cy shall be eligible to receive a bonus grant under subsection (b). (B) Revocation The Secretary may revoke an agency’s designation under subsection (b) if the Sec- retary determines that the agency is not demonstrating adequate performance or has had findings of deficiencies described in paragraph (1)(B)(ii). (5) Amount of bonus grant The Secretary shall base the amount of funding provided through a bonus grant made under subsection (b) to a center of excellence on the number of children eligible for Head Start services in the community involved. The Secretary shall, subject to the availability of funding, make such a bonus grant in an amount of not less than $200,000 per year. (d) Use of funds A center of excellence that receives a bonus grant under subsection (b)— (1) shall use not less than 15 percent of the funds made available through the bonus grant to disseminate to other Head Start agencies in the State involved, best practices for achiev- ing early academic success, including— (A) best practices for achieving school readiness, including developing early lit- eracy and mathematics skills, for children at risk for school difficulties; (B) best practices for achieving the acqui- sition of the English language for limited English proficient children, if appropriate to the population served; and (C) best practices for providing high-qual- ity comprehensive services for eligible chil- dren and their families; (2) may use the funds made available through the bonus grant— (A) to provide Head Start services to addi- tional eligible children; (B) to better meet the needs of working families in the community served by the center by serving more children in existing Early Head Start programs (existing as of the date the center is designated under this section) or in full-working-day, full calendar year Head Start programs; (C) to further coordinate early childhood education and development programs and services and social services available in the community served by the center for at-risk children (birth through age 8), their fami- lies, and pregnant women; (D) to provide professional development for Head Start teachers and staff, including joint training for Head Start teachers and staff, child care providers, public and private preschool and elementary school teachers, and other providers of early childhood edu- cation and development programs; (E) to provide effective transitions be- tween Head Start programs and elementary schools and to facilitate ongoing commu- nication between Head Start and elementary school teachers concerning children receiv- ing Head Start services to improve the teachers’ ability to work effectively with low-income, at-risk children and their fami- lies; (F) to develop or maintain partnerships with institutions of higher education and nonprofit organizations, including commu- nity-based organizations, that recruit, train, place, and support college students to serve as mentors and reading partners to pre- school children in Head Start programs; and (G) to carry out other activities deter- mined by the center to improve the overall quality of the Head Start program carried out by the agency and the program carried out under the bonus grant involved. (e) Research and reports (1) Research The Secretary shall, subject to the avail- ability of funds to carry out this subsection, award a grant or contract to an independent organization to conduct research on the abil- ity of the centers of excellence to use the funds received under this section to improve the school readiness of children receiving Head Start services, and to positively impact school results in the earliest grades. The organiza- tion shall also conduct research to measure the success of the centers of excellence at en- couraging the center’s delegate agencies, addi- tional Head Start agencies, and other pro- viders of early childhood education and devel- opment programs in the communities involved to meet measurable improvement goals, par- ticularly in the area of school readiness. (2) Research report Not later than 48 months after December 12, 2007, the organization shall prepare and submit to the Secretary and Congress a report con- taining the results of the research described in paragraph (1). (3) Reports to the Secretary Each center of excellence shall submit an annual report to the Secretary, at such time Page 7908 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9852c and in such manner as the Secretary may re- quire, that contains a description of the ac- tivities the center carried out with funds re- ceived under this section, including a descrip- tion of how such funds improved services for children and families. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to make bonus grants to centers of excellence under subsection (b) to carry out activities described in subsection (d) and research and report activities described in subsection (e). (Pub. L. 97–35, title VI, § 657B, as added Pub. L. 110–134, § 26, Dec. 12, 2007, 121 Stat. 1444; amended Pub. L. 114–95, title IX, § 9215(nn)(6), Dec. 10, 2015, 129 Stat. 2177.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(1)(B)(vi)(III), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is clas- sified generally to subchapter I (§ 6301 et seq.) of chap- ter 70 of Title 20, Education. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(1)(B)(vi)(IV), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. Section 619 of the Act is classified to section 1419 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. AMENDMENTS 2015—Subsec. (c)(1)(B)(vi)(III) to (VII). Pub. L. 114–95 redesignated subcls. (IV) to (VII) as (III) to (VI), respec- tively, in subcl. (III) as redesignated, struck out ‘‘other’’ before ‘‘preschool programs’’ and substituted ‘‘the Elementary and Secondary Education Act of 1965’’ for ‘‘that Act’’, and struck out former subcl. (III) which read as follows: ‘‘Early Reading First and Even Start programs carried out under subparts 2 and 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6371 et seq., 6381 et seq.);’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. § 9852c. General provisions (a) Limitation Nothing in this subchapter shall be construed to authorize or permit the Secretary or any em- ployee or contractor of the Department of Health and Human Services to mandate, direct, or control, the selection of a curriculum, a pro- gram of instruction, or instructional materials, for a Head Start program. (b) Special rule Nothing in this subchapter shall be construed to authorize a Head Start program or a local educational agency to require the other to se- lect or implement a specific curriculum or pro- gram of instruction. (c) Definition In this subchapter, the term ‘‘health’’, when used to refer to services or care provided to en- rolled children, their parents, or their siblings, shall be interpreted to refer to both physical and mental health. (Pub. L. 97–35, title VI, § 657C, as added Pub. L. 110–134, § 27, Dec. 12, 2007, 121 Stat. 1448.) SUBCHAPTER II–A—HEAD START TRANSITION PROJECT §§ 9855 to 9855g. Repealed. Pub. L. 105–285, title I, § 119, Oct. 27, 1998, 112 Stat. 2728 Section 9855, Pub. L. 101–501, title I, § 132, Nov. 3, 1990, 104 Stat. 1238; Pub. L. 103–382, title III, § 391(v)(1), Oct. 20, 1994, 108 Stat. 4025, defined terms used in this sub- chapter. Section 9855a, Pub. L. 101–501, title I, § 133, Nov. 3, 1990, 104 Stat. 1238; Pub. L. 103–252, title I, § 125(a), May 18, 1994, 108 Stat. 650, related to Head Start transition grants. Section 9855b, Pub. L. 101–501, title I, § 134, Nov. 3, 1990, 104 Stat. 1238; Pub. L. 103–382, title III, § 391(v)(2), (3), Oct. 20, 1994, 108 Stat. 4025, related to eligibility for Head Start transition grants. Section 9855c, Pub. L. 101–501, title I, § 135, Nov. 3, 1990, 104 Stat. 1239; Pub. L. 103–382, title III, § 391(v)(4), Oct. 20, 1994, 108 Stat. 4025, related to requirements for awarding Head Start transition grants. Section 9855d, Pub. L. 101–501, title I, § 136, Nov. 3, 1990, 104 Stat. 1239; Pub. L. 102–119, § 26(d), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, § 391(v)(5)–(7), Oct. 20, 1994, 108 Stat. 4025, related to applications for Head Start transition grants. Section 9855e, Pub. L. 101–501, title I, § 137, Nov. 3, 1990, 104 Stat. 1241, related to evaluation of and report on programs assisted under Head Start transition project. Section 9855f, Pub. L. 101–501, title I, § 138, Nov. 3, 1990, 104 Stat. 1242, related to payments and Federal share of payments under Head Start transition project. Section 9855g, Pub. L. 101–501, title I, § 139, Nov. 3, 1990, 104 Stat. 1242, related to coordination with pro- grams established under the Follow Through Act. SUBCHAPTER II–B—CHILD CARE AND DEVELOPMENT BLOCK GRANT Editorial Notes CODIFICATION Subchapter is based on subchapter C of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, and amended by Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036. § 9857. Short title and purposes (a) Short title This subchapter may be cited as the ‘‘Child Care and Development Block Grant Act of 1990’’. (b) Purposes The purposes of this subchapter are— (1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and par- ents within that State; (2) to promote parental choice to empower working parents to make their own decisions