H.R. 5658 — Child Care for Every Community Act

This section directs the Secretary to provide financial assistance to prime sponsors for child care and early learning programs under this title. It establishes an uncapped entitlement for each covered child to participate in such a program.

This section directs the Secretary of Health and Human Services to allocate amounts appropriated under this title for fiscal years after FY2025 as follows: (1) funds under section 103(a) for child care and early learning programs for covered children, excluding activities in paragraph (2); and (2) of funds under section 103(b), not less than 50% for activities under sections 135 and 136 and related administrative activities, not less than 20% for activities under section 151, and the remainder for activities under sections 137, 138, and 152 (with flexibility to redirect section 103(b) funds to section 151 activities after congressional notice). The Secretary must publish these section 103(b) allocations in the Federal Register. The section further requires payments of the Federal share—at least 90% of program costs generally (100% for children of migrant and seasonal farmworkers or Native American children), plus up to 100% of reasonable administrative costs—from the section 103(a) allocation in accordance with approved state and local plans under sections 113 and 114. It authorizes the non-Federal share (via cash, in-kind contributions, or family fees not exceeding 7% of family income) and excess contributions to carry forward; establishes a rate analysis process to ensure Federal payments suffice for program standards, staff compensation, and services; and prohibits states or localities from reducing their child care expenditures due to Federal assistance (maintenance of effort).

This section establishes authority for the Secretary to designate prime sponsors—States, localities (including local educational agencies, as defined in section 8101 of the Elementary and Secondary Education Act of 1965), Indian Tribes, Tribal organizations, and public or private nonprofit agencies—for administering child care and early learning programs pursuant to approved prime sponsorship plans. Such plans must (1) describe the service area and program delivery; (2) provide a comprehensive child care and early learning plan; (3) demonstrate community engagement, including with parents, family members, and marginalized populations; and (4) show legal authority to administer federal, state, and other funds. Approval of plans requires the Secretary to provide comment opportunities to the relevant local educational agency, other educational agencies, Indian Tribes or Tribal organizations, and the state Governor; permits joint state-entity submissions; and mandates approval for qualifying localities (meeting a Secretary-determined population threshold, waivable for rural areas), Indian Tribes or Tribal organizations, and States if plans meet requirements and include adequate program provisions. For overlapping local areas, the Secretary designates the most capable unit; if a locality is ineligible, the Secretary encourages and approves plans from combinations of adjoining localities.

This section establishes the powers and functions of prime sponsors designated under this title for child care and early learning programs. It authorizes prime sponsors to (1) receive and administer funds from federal, state, private, and local sources; (2) transfer such funds and delegate powers to other agencies, including for efficiency and program objectives; and (3) negotiate wages, benefits, hours, and working conditions for teachers and staff. It requires prime sponsors to submit annual comprehensive child care and early learning plans, approved by the Secretary, assessing needs and goals in the service area; identifying communities in particular need using demographic and economic data; describing strategies to increase child care supply, quality, and affordability (e.g., start-up funding, training, enhanced compensation); providing comprehensive health, mental health, nutritional, and other services; ensuring full working-day and full calendar-year services responsive to family needs (including nonstandard hours); guaranteeing access for all children using specified funds; promoting children's mental health and social-emotional well-being through supports and training; limiting suspension (temporary only) and prohibiting expulsion for behavior while addressing persistent challenges through documentation, interventions, and transitions; ensuring socioeconomic diversity and parent preferences; equitably distributing non-federal costs; delivering culturally, linguistically, and developmentally appropriate services; and accounting for unique needs of specified populations (e.g., low-income children, children with incarcerated or homeless parents).

This section authorizes a prime sponsor to use financial assistance under section 112(a)(1) to enter into agreements with delegate providers to carry out child care and early learning services. It specifies eligible delegate providers as localities, local educational agencies, faith-based organizations, public or private nonprofit or for-profit agencies or organizations, family child care networks or associations, employers or business organizations, labor unions, employee or labor-management organizations, home-based child care providers, or public or private educational agencies or institutions; requires delegate provider applications to include prescribed fiscal controls and fund accounting procedures; and directs prime sponsors to approve applications that meet these requirements and further the prime sponsor's approved child care and early learning plan under section 114. It further requires prime sponsors to involve parents, family members, and community members in delegate provider selection.

This section directs the Secretary, within 18 months of enactment, to issue Federal Standards for Child Care and Early Learning Services applicable to prime sponsors' child care and early learning programs funded under this title, based on recommendations from a Special Committee appointed within 60 days of enactment. The 20-member diverse Special Committee must include parents, prime sponsor and Tribal representatives, child care staff and providers, and specialists in early childhood quality, workforce, and development. The standards must establish baselines for teacher and staff knowledge, skills, and competencies (phased in and aligned with compensation levels); mirror the comprehensiveness of Head Start performance standards (42 U.S.C. 9836a(a)) and military child care standards as practicable; and address (1) services performance standards (e.g., health, nutrition, social services, parent involvement, transitions); (2) developmentally appropriate school readiness domains (e.g., language, literacy, math, science, social-emotional, physical development, dual language learners); (3) administrative and financial management; (4) facilities conditions and accessibility (meeting or exceeding state/local licensing); (5) staff health, safety, and work environment; and (6) other appropriate areas. In developing the standards, the Secretary must consult experts and consider Head Start program experience. (As background, Head Start provides comprehensive early childhood education, health, nutrition, and family services to low-income preschool children and their families.)

This section requires each prime sponsor to coordinate with the local educational agency (LEA) serving its area and enrolling schools to promote continuity of services and effective transitions for children from child care and early learning programs to elementary school (e.g., kindergarten), including by (1) developing procedures for transferring participating children's records (with parental consent); (2) establishing ongoing communications channels between program staff and school counterparts (e.g., teachers, social workers, McKinney-Vento liaisons, health staff); (3) developing shared curricular objectives and expectations; (4) conducting joint training; (5) establishing transition policies with LEA involvement; (6) conducting parent and teacher outreach on children's needs; (7) assisting parents of dual language learners to understand enrolling school services and ESEA requirements (20 U.S.C. 6312(e)(3)); (8) developing family outreach programs in coordination with Title I and McKinney-Vento efforts; (9) enhancing continuity of parental involvement; (10) linking program services to LEA educational services (e.g., language, literacy, numeracy); (11) helping parents understand parental involvement strategies; (12) informing parents of enrolling school services; and (13) increasing participation of underserved children. The section further directs the Secretary to disseminate information to prime sponsors on effective transition policies and activities and to provide related technical assistance.

This section directs the Secretary to establish procedures ensuring adequate nutrition services in child care and early learning programs under this title. The section further authorizes the Secretary to enter into an arrangement with the Secretary of Agriculture to utilize, to the fullest extent appropriate and consistent with existing law, the Summer Food Service Program (SFSP, 42 U.S.C. 1761), Child and Adult Care Food Program (CACFP, 42 U.S.C. 1766), and relevant programs under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

This section directs the Secretary to prescribe by regulation eligibility standards for participation in child care and early learning programs assisted under this title, requiring universal eligibility for all children younger than the age of compulsory school attendance regardless of family income, disability status, citizenship status, employment of a family member, or other circumstances. The section further requires prime sponsors to (1) determine eligibility based solely on the Secretary's standards, (2) not impose more stringent or exclusive requirements, and (3) serve all families requesting child care and early learning services.

This section designates the Office of Child Care in the Department of Health and Human Services (HHS) as the principal agency for administering this title and coordinating HHS child care and early learning programs and activities. It requires the HHS Secretary to (1) coordinate such programs within HHS, including with the Office of Head Start, and with the Department of Education; (2) promulgate regulations ensuring that HHS-funded child care and early learning entities coordinate with programs under this title; and (3) provide joint technical assistance to develop coordinated efforts among HHS offices and with other federal agencies, including Education. The section further authorizes the Secretary to establish procedures, policies, and regulations as necessary to carry out this title.

This section establishes administrative requirements and standards for child care and early learning programs and prime sponsors consistent with subsections (a) through (f) and (h) of section 644 of the Head Start Act (42 U.S.C. 9839), which cover standards for organization, management, nonpartisanship, staff accountability, public access to information (including annual fiscal-year reports on funding, enrollment, audits, health exams, and parent involvement), and employee salary and benefit rules. (As background, these Head Start standards ensure program activities are conducted efficiently, free of political bias or favoritism, and with full accountability.) It authorizes the Secretary to adjust such standards and related provisions as needed and to prescribe regulations for internal administrative controls, accounting, personnel standards, and evaluations. This section further requires (1) the Secretary, within 16 months of enactment, to report to Congress on using underutilized federally owned or leased facilities for these programs and provide recommendations; and (2) prime sponsors, as a funding condition, to review and report on using their own or local facilities similarly. It also authorizes financial assistance for capital expenditures—including construction (if more cost-effective than purchase or renovation), major renovation, and vehicle purchases—when suitable facilities are unavailable and inhibit program operation, subject to uniform approval procedures promoting collocation with other child-serving programs and Davis-Bacon Act prevailing wage requirements for construction and renovation laborers.

This section establishes appeals, notice, hearing, and other procedures for child care and early learning programs under this title—and prime sponsors and delegate providers carrying out such programs—that are consistent (except as otherwise provided) with the procedures in section 646 of the Head Start Act (42 U.S.C. 9841). (As background, those procedures assure Head Start grantees and delegates special notice and appeals for rejected delegate applications; prohibit suspension of funds without notice and opportunity to show cause; require notice and full hearings (with appeals filed within 30 days and held within 120 days) before termination, reduction, or refunding denial; and provide mediation to resolve recipient-delegate or policy council conflicts and prohibit use of funds for legal fees in appeals.) It further requires the Secretary, after reasonable notice and opportunity for a hearing, to withhold payments from any prime sponsor or delegate provider that substantially fails to comply with its approved plan or application or applicable title provisions until the Secretary determines there is no longer noncompliance or it will be promptly corrected. (Thus, payments may continue for any unaffected programs or services.)

This section directs the Secretary to establish records and audit requirements for child care and early learning programs under this title, and their prime sponsors, that are consistent with section 647 of the Head Start Act (42 U.S.C. 9842). (As background, those requirements obligate Head Start recipients to maintain records fully disclosing use of financial assistance and project costs; allow audit access by the Secretary and Comptroller General; annually account for administrative expenses, including salary funding sources; and submit Single Audit Act reports and related findings within 30 days of completion.)

This section authorizes the Secretary to provide financial assistance for preservice and inservice training of child care and early learning program personnel, including scholarships and support for books and transportation (subsection (a)); technical assistance to entities seeking prime sponsor status and to prime sponsors for program planning and implementation (subsection (b)); and facilities-related technical assistance to specified providers, such as those in rural areas, family child care homes, or serving children from Indian Tribes, Native Hawaiians, migrant farmworkers, low-income families, or underserved populations (including those with disabilities, homeless, abused/neglected, or in foster care), to meet applicable facilities codes under section 121(b) (subsection (c)). It further requires prime sponsors to conduct training and quality improvement activities to meet national program standards and staff qualifications under section 136—with financial assistance from the Secretary (subsection (d))—and directs the Secretary to prescribe regulations for a mandatory staff training program modeled on the military child care program, covering early childhood development, age-appropriate activities and discipline, child abuse prevention/detection, and emergency medical procedures including CPR (subsection (e)). From amounts allocated under section 103(b), this section also requires an outreach program to recruit diverse professionals as child care teachers (subsection (f)(1)) and authorizes five-year grants to labor organization-sponsored training entities and institutions of higher education—with priority to part B institutions, Hispanic-serving institutions, and Tribal Colleges or Universities (as defined in 20 U.S.C. 1033(1)(A)(i)-(iii))—to improve the workforce; recruit and train diverse staff; provide student financial aid including grants and scholarships to reduce loan needs; create articulated teacher preparation pathways; award credit for prior coursework, work experience, or apprenticeships; and cover tuition costs (subsection (f)(2)).

This section directs the Secretary, after consultation with other federal agencies and based on recommendations from a specified committee, to establish staff qualification and development requirements for child care and early learning programs carried out by prime sponsors. The requirements are based on those in section 648A of the Head Start Act (42 U.S.C. 9843a) (i.e., Head Start teacher competencies in child development, safe environments, family involvement, and degree standards such as 50% of center-based teachers having a baccalaureate in early childhood education by September 30, 2013), the military child care program (including family child care home provider certification), and training under section 135(e); are designed to ensure high-quality services, workforce retention and diversity, and credential pathways; and provide staff not less than six years to meet any new educational standards. The section further requires (1) pay scales for center-based and family child care staff comparable to those for similarly qualified local educational agency employees (or military child care rates for non-comparable positions) and not less than a living wage set by the Secretary, with periodic reviews to ensure increases at least match the Consumer Price Index for All Urban Consumers; (2) prohibition on federal funds for any compensation (broadly defined to include salary, benefits, bonuses, and perquisites) exceeding level II of the Executive Schedule (5 U.S.C. 5313); and (3) plans for curriculum support to all teachers and family child care home providers, including accessible specialist activities, daily oversight and lesson planning assistance, child abuse prevention, and promotion of cognitive, behavioral, and mental health outcomes.

This section directs the Secretary to carry out research, demonstration, and evaluation activities for child care and early learning programs under this title to achieve specified general objectives, including focusing national research on child development and early learning outcomes; fostering continuous improvement in program quality and effectiveness for children and families; ensuring research results inform program improvements; and developing, testing, and disseminating approaches for low-income and underserved children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care) and their families. Specific objectives include (1) assessing program quality and effectiveness; (2) identifying factors for improvement and child/family development; (3) comparing participants to other groups; (4) understanding eligible populations and service impacts; (5) disseminating findings; (6) exploring knowledge gaps; (7) studying inclusive classrooms for children with and without disabilities; (8) evaluating models addressing disparities by income, culture, race, and ethnicity; (9) supporting dual language learners, children with disabilities, culturally/racially diverse families, Tribal/Native Hawaiian children, and children of migrant/seasonal farmworkers; and (10) conducting targeted research, testing innovative methods, evaluating findings, disseminating results, producing resources, and coordinating efforts. The Secretary may conduct these activities directly or through grants, contracts, or cooperative agreements with public/private entities and, to the extent appropriate, in collaboration with other federal agencies, non-federal agencies, Indian Tribes, and Tribal organizations.

This section requires the Secretary to prepare a report at least once every two years on the status of children—including low-income children, children with disabilities, dual language learners, homeless children, children in foster care, children in programs on Indian land, and migrant or seasonal children—participating in child care and early learning programs, covering the number of children served and services provided. The report must include (1) funding received by continuing and newly designated prime sponsors under section 113; (2) distribution of services relative to children in need, including geographic distribution and number served; (3) distribution and use of funds under section 112(a)(1) at national, regional, and local levels; (4) non-Federal share amounts and sources; (5) cost per child by region; (6) parent and family participation; (7) child care staff salaries, education, training, experience, and turnover; (8) child demographics including family income, race/ethnicity, homelessness, foster care status, disability, and TANF receipt; (9) program compliance, facility conditions, and recipient organization types from section 121 monitoring; (10) on-site and referral services such as health, mental health, dental, vision, parenting, fitness, and literacy; (11) delivery to Indian, Native Hawaiian, and migrant/seasonal farmworker children; (12) disability-related services, including referrals to, barriers in, and interim services before eligibility under IDEA section 619 (i.e., grants for special education to 3-5 year olds with disabilities) or Part C (i.e., early intervention for infants/toddlers with disabilities); and (13) services to low-income, minority, and dual language learner children, disparities in outcomes, and programs addressing them. The Secretary must submit the report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce.

This section directs the Secretary to establish nondiscrimination requirements—consistent with those in section 654 of the Head Start Act (42 U.S.C. 9849), which prohibit discrimination in Head Start programs on the basis of race, creed, color, national origin, sex, political affiliation or beliefs, or handicapping condition—and to apply such requirements to child care and early learning programs carried out under this title and their prime sponsors.

This section authorizes advance appropriations for this title (i.e., appropriations included in the fiscal year preceding the fiscal year for which funds are available for obligation) to provide adequate notice of funding available under the title.

This section directs the Secretary to establish a parental consent requirement for nonemergency intrusive physical examinations—defined as those not immediately necessary for a child's or another's health or safety and that require incision, are otherwise invasive, or expose private body parts (consistent with 42 U.S.C. 9852a)—for child care and early learning programs under this title and their prime sponsors. (As background, Head Start agencies are subject to an identical requirement to obtain written parental consent prior to such examinations.)

This section authorizes the Secretary to provide supplemental financial assistance to prime sponsors of child care and early learning programs that demonstrate barriers to scaling services and processes needed to fully implement their programs and meet national program standards, and that require such assistance as determined by the Secretary. The assistance may support (1) conducting facilities reviews and accessing adequate facilities; (2) establishing coordination with local educational agencies, health and social service organizations, and states; (3) developing training and professional development protocols; (4) meeting accreditation requirements; (5) supporting family child care home providers; (6) securing materials for professional learning; or (7) other activities to establish, expand, or scale program services and processes. The assistance may also increase the federal share of costs under section 121(c)(2)(A) for prime sponsors serving areas with high concentrations of families at or slightly above 200% of the poverty line that have difficulty providing the non-federal share.

This section authorizes the Secretary to provide grants to States, upon application approval, for specified child care and early learning activities. Grant funds may be used for (1) identifying State service goals and needs; (2) providing child care providers with start-up funding and technical assistance; (3) supporting workforce compensation comparable to primary education levels, including retention or bonus awards; (4) establishing or expanding family child care networks; (5) recruiting, training, and developing the workforce; (6) strengthening Child Care and Early Learning Councils; (7) promoting agency cooperation and resource utilization; (8) disseminating research, exchanging personnel, improving facilities, assessing licensing, developing plan information, and facilitating collaboration among providers; (9) supporting unified birth-through-school-entry systems, including braided or blended funding; and (10) subsidizing fixed operating expenses of eligible providers to increase wages and ensure program stability. This section prohibits States or communities from reducing their expenditures for such programs due to grant funds received.