§ 9410. — State requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
CHAPTER 75--EARLY LEARNING OPPORTUNITIES
Sec. 9410. State requirements
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
(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
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.
The State shall award grants to Local Councils only for purposes
that are consistent with the performance goals established under
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.
(Pub. L. 106-554, Sec. 1(a)(1) [title VIII, Sec. 811], Dec. 21, 2000,
114 Stat. 2763, 2763A-86.)
Section Referred to in Other Sections
This section is referred to in section 9406 of this title.