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

Federal law — U.S. Code and appendices · legal_authorities

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

**(a) Definition** In this section, the term “center of excellence” means a Center of Excellence in Early Childhood designated under subsection (b). **(b) Designation and bonus grants** The Secretary shall, subject to the availability 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 agencies) as Centers of Excellence in Early Childhood; and (2) make bonus grants to the centers of excellence 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 selection 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 require. (ii) *Indian and migrant and seasonal Head Start programs* — In the case of an Indian Head Start agency or a migrant or seasonal Head Start agency, to be eligible to receive a designation as a center of excellence under subsection (b), such an agency shall be nominated by the head of the appropriate regional 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 include— (i) evidence that the Head Start program carried out by the agency involved has significan

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Source file: Laws/federal/codes/united-states-code/title-42/section-9852b-centers-of-excellence-in-early-childhood--99d5e110c8.md
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Source location: Title 42, Chapter 105, § 9852b; chapter-105-community-services-programs.md

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**(a) Definition** In this section, the term “center of excellence” means a Center of Excellence in Early Childhood designated under subsection (b). **(b) Designation and bonus grants** The Secretary shall, subject to the availability 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 agencies) as Centers of Excellence in Early Childhood; and (2) make bonus grants to the centers of excellence 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 selection 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 require. (ii) *Indian and migrant and seasonal Head Start programs* — In the case of an Indian Head Start agency or a migrant or seasonal Head Start agency, to be eligible to receive a designation as a center of excellence under subsection (b), such an agency shall be nominated by the head of the appropriate regional 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 include— (i) evidence that the Head Start program carried out by the agency involved has significantly improved the school readiness of children who have participated in the program; (ii) evidence that the program meets or exceeds standards described in [section 9836a(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9836a/a/1&num=0&edition=prelim), as evidenced by the results of monitoring reviews described in [section 9836a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9836a/c&num=0&edition=prelim), and has no findings of deficiencies in the preceding 3 years; (iii) evidence that the program is making progress toward meeting the requirements described in [section 9843a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9843a&num=0&edition=prelim); (iv) an assurance that the Head Start agency will develop a collaborative partnership with the State (or a State agency) and other providers of early childhood education and development programs and services in the local community involved to conduct activities under subsection (d); (v) a nomination letter from the Governor, or appropriate regional office, demonstrating 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 described under subsection (d)(1); and (vi) a description of how the center involved, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities, as appropriate, assisted under this section with— (I) programs carried out under subchapter II–B; (II) the Early Head Start programs carried out under [section 9840a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9840a&num=0&edition=prelim); (III) preschool programs carried out under title I of the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.); (IV) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1419](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim), 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 Secretary 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 Commonwealth 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 exceptional 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 families of limited English proficient children or other underserved populations, and may make bonus grants to agencies that do an exceptional 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. During the period of that designation, subject to the availability of appropriations, the agency 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 Secretary 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 achieving early academic success, including— (A) best practices for achieving school readiness, including developing early literacy and mathematics skills, for children at risk for school difficulties; (B) best practices for achieving the acquisition of the English language for limited English proficient children, if appropriate to the population served; and (C) best practices for providing high-quality comprehensive services for eligible children and their families; (2) may use the funds made available through the bonus grant— (A) to provide Head Start services to additional 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 families, 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 education and development programs; (E) to provide effective transitions between Head Start programs and elementary schools and to facilitate ongoing communication between Head Start and elementary school teachers concerning children receiving Head Start services to improve the teachers’ ability to work effectively with low-income, at-risk children and their families; (F) to develop or maintain partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support college students to serve as mentors and reading partners to preschool children in Head Start programs; and (G) to carry out other activities determined 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 availability of funds to carry out this subsection, award a grant or contract to an independent organization to conduct research on the ability 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 organization shall also conduct research to measure the success of the centers of excellence at encouraging the center’s delegate agencies, additional Head Start agencies, and other providers of early childhood education and development programs in the communities involved to meet measurable improvement goals, particularly 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 containing 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 and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description 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).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1419 — Preschool grants

**(a) In general** The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter— (1) to children with disabilities aged 3 through 5, inclusive; and (2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year. **(b) Eligibility** A State shall be eligible for a grant under this section if such State— (1) is eligible under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim) to receive a grant under this subchapter; and (2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State. **(c) Allocations to States** (1) **In general** — The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be. (2) **Increase in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows: (A) *Allocation* (i) *In general* — Except as provided in subparagraph (B), the Secretary shall— (I) allocate to each State the amount the State received under this section for fiscal year 1997; (II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and (III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9843a — Staff qualifications and development

**(a) Classroom teachers** (1) **Professional requirements** — The Secretary shall ensure that each Head Start classroom in a center-based program is assigned 1 teacher who has demonstrated competency to perform functions that include— (A) planning and implementing learning experiences that advance the intellectual and physical development of children, including improving the readiness of children for school by developing their literacy, phonemic, and print awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, their problem-solving abilities, and their approaches to learning; (B) establishing and maintaining a safe, healthy learning environment; (C) supporting the social and emotional development of children; and (D) encouraging the involvement of the families of the children in a Head Start program and supporting the development of relationships between children and their families. (2) **Degree requirements** (A) *Head Start teachers* — The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of Head Start teachers nationwide in center-based programs have— (i) a baccalaureate or advanced degree in early childhood education; or (ii) a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children. (B) *Additional staff* — The Secretary shall ensure that, not later than September 30, 2013, all— (i) Head Start education coordinators, including those that serve as curriculum specialists, nationwide in center-based programs— (I) have the capacity to offer ass

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9840a — Early Head Start programs

**(a) In general** The Secretary shall make grants to entities (referred to in this subchapter as “Early Head Start agencies”) in accordance with this section for programs (referred to in this subchapter as “Early Head Start programs”) providing family-centered services for low-income families with very young children designed to promote the development of the children, and to enable their parents to fulfill their roles as parents and to move toward self-sufficiency. **(b) Scope and design of programs** In carrying out a program described in subsection (a), an entity receiving assistance under this section shall— (1) provide, either directly or through referral, early, continuous, intensive, and comprehensive child development and family support services that will enhance the physical, social, emotional, and intellectual development of participating children; (2) ensure that the level of services provided to families responds to their needs and circumstances; (3) promote positive parent-child interactions; (4) provide services to parents to support their role as parents (including parenting skills training and training in basic child development) and services to help the families move toward self-sufficiency (including educational and employment services, as appropriate); (5) coordinate services with services provided by programs in the State (including home-based services) and programs in the community (including programs for infants and toddlers with disabilities and programs for homeless infants and toddlers) to ensure a comprehensive array of services (such as health and mental health services and family support services); (6) ensure that children with documented behavioral problems, including problems involving behavior related to prior or existing trauma, r

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9834 — Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter (other than [section 9852b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9852b&num=0&edition=prelim)) $7,350,000,000 for fiscal year 2008, $7,650,000,000 for fiscal year 2009, $7,995,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 and 2012.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1419 — Preschool grants

Page 983 TITLE 20—EDUCATION § 1419 English proficiency status, gender, and dis- ability category, of children with disabilities, including suspensions of 1 day or more. (E) The number and percentage of children with disabilities who are removed to alter- native educational settings or expelled as compared to children without disabilities who are removed to alternative educational set- tings or expelled. (F) The number of due process complaints filed under section 1415 of this title and the number of hearings conducted. (G) The number of hearings requested under section 1415(k) of this title and the number of changes in placements ordered as a result of those hearings. (H) The number of mediations held and the number of settlement agreements reached through such mediations. (2) The number and percentage of infants and toddlers, by race, and ethnicity, who are at risk of having substantial developmental delays (as defined in section 1432 of this title), and who are receiving early intervention serv- ices under subchapter III. (3) Any other information that may be re- quired by the Secretary. (b) Data reporting (1) Protection of identifiable data The data described in subsection (a) shall be publicly reported by each State in a manner that does not result in the disclosure of data identifiable to individual children. (2) Sampling The Secretary may permit States and the Secretary of the Interior to obtain the data described in subsection (a) through sampling. (c) Technical assistance The Secretary may provide technical assist- ance to States to ensure compliance with the data collection and reporting requirements under this chapter. (d) Disproportionality (1) In general Each State that receives assistance under this subchapter, and the

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Statement of purpose

Page 1321 TITLE 20—EDUCATION § 6301 Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and is classified to section 6301 et seq. of this title. Certain titles and parts of titles of the Act are shown, herein, however, as having been added by Pub. L. 107–110 with- out reference to such intervening amendments because of the extensive amendments, renumbering, and reorga- nization of these provisions by Pub. L. 107–110. SUBCHAPTER I—IMPROVING THE ACA- DEMIC ACHIEVEMENT OF THE DIS- ADVANTAGED Editorial Notes CODIFICATION Title I of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently revised, restated, and amended by other public laws. Title I is shown, herein, as having been added by Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439, without reference to earlier amendments because of the extensive revision of the ti- tle’s provisions by Pub. L. 107–110. See Codification note preceding this chapter. § 6301. Statement of purpose The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. (Pub. L. 89–10, title I, § 1001, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439; amended Pub. L. 114–95, title I, § 1001, Dec. 10, 2015, 129 Stat. 1814.) Editorial Notes PRIOR PROVISIONS A prior section 6301, Pub. L. 89–10, title I, § 1001, as added Pub. L. 103–382, title I, § 101, Oct. 20,

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Federal law — U.S. Code and appendices · legal_authorities

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 Ear

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