Early Childhood Education and Development Act of 1990

Early Childhood Education and Development Act of 1990 - Authorizes appropriations for FY 1991 through 1995 to carry out this Act.

Allocates aggregate funding for this Act as follows: (1) 47 percent for developmentally appropriate child care services under the Head Start Act, as amended by title I of this Act; (2) 33 percent for early childhood development and school-related child care under ESEA title VIII, as added by title II of this Act; and (3) 20 percent for the Child Care Quality Improvement Act, as added by title IV of this Act.

Title I: Expanded Head Start - Amends the Head Start Act to provide for child care services throughout the year for children who participate or are eligible to participate in Head Start programs.

Authorizes Head Start programs to provide developmentally appropriate child care services.

Directs the Secretary of Health and Human Services to reserve specified amounts of funding under this title for child care services in Indian, migrant, and territorial Head Start programs.

Authorizes Head Start programs to use funds under this Act (if the parents are working or attending a job training or educational program) for: (1) full-working-day (at least ten hours) child care services throughout the year to children participating in Head Start programs; and (2) part-day and full-working-day child care services throughout the year to children eligible to participate in Head Start programs. Allows the use of up to 20 percent of such funds to provide Head Start services to children: (1) who are otherwise ineligible under specified provisions; (2) whose family income is greater than the poverty line but less than 125 percent of the lower living standard income level (LLSIL); and (3) whose parents are working or attending a job training or educational program. (But allows such use of funds only if developmentally appropriate child care services are provided to all eligible children whose parents request such services.) Requires payment of sliding scale fees for a portion of such services from parents whose income exceeds the LLSIL or whose children receive such services under the expanded eligibility provisions.

Title II: Early Childhood Development and School-Related Child Care - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new title VIII program of grants to States for early childhood development and school-related child care.

Directs the Secretary of Education (the Secretary for purposes of this title) to make grants to States for expansion or establishment of before- and after-school child care or early child development programs.

Reserves a specified portion of funds for payments to territories and to the Secretary of the Interior to meet the needs of Indian children. Sets forth a formula for distribution of funds to LEAs and to the Commonwealth of Puerto Rico.

Sets forth local program requirements, including submission of an application with a two-year plan.

Sets forth authorized uses of funds, uses of parental contributions, and provisions for for coordination with other providers within the LEA.

Allows LEAs to contract out such programs through grants or contracts with other public entities and private nonprofit community-based organizations. Requires such private organizations to ensure: (1) enrollment of children from diverse racial, ethnic, linguistic, and economic backgrounds and children with disabilities; (2) compliance with Head Start Act nondiscrimination provisions; and (3) other LEA requirements.

Prohibits any provider of a program receiving assistance under this title from engaging in any sectarian activity, including sectarian worship and instruction, in such program.

Sets forth requirements for State participation in the program under this title. Requires States, within three years after enactment, to establish standards for programs receiving assistance under this title, including standards for: (1) in the case of both types of programs, health, nutrition, and safety for children and staff, and parental involvement; (2) in the case of early childhood development programs, group size, child-staff ratios, and qualifications and backgrounds of staff members; and (3) in the case of before- and after-school child care programs, inservice training for staff.

Limits State administrative cost reimbursement to not more than three percent of program payments.

Requires States to establish and periodically revise a sliding fee scale for program cost-sharing for children of families with income of more than the poverty level but not more than 160 percent of the LLSIL.

Requires the State education agency to distribute at least 97 percent of program payments from the Secretary to eligible LEAs.

Title III: Child Care - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a new subtitle B, Grants to States for Child Care.

Extends the authorization of appropriations for title XX grants to States for social services through FY 1994 and succeeding fiscal years. Sets aside additional amounts for grants to States for child care for FY 1991 through 1994 and succeeding fiscal years.

Entitles each State to such child care grants for the first three years after enactment, but makes a State ineligible for any further payments unless it demonstrates that all child care providers in the State who receive title XX funds and all other providers in the State who receive public funds for child care services are: (1) licensed or regulated as required by State or local law; (2) in compliance with the minimum child care standards established by the State in accordance with this Act; and (3) subject to specified enforcement provisions in this Act. Declares that such eligibility requirements shall not be construed to require the training or licensing of any individual who provides child care solely to members of the family of the individual.

Requires that use of such payments be administered by the State agency with primary responsibility for child care.

Prohibits financial assistance under such subtitle B Grants to States for Child Care from being used for: (1) any sectarian purpose or activity, including sectarian worship and instruction except where the provider receives funds resulting from distribution of a child care certificate to a parent, or the provider provides child care solely to members of his or her own family; and (2) with regard to services to students in grades one through 12, any services during the regular school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program.

States that financial assistance under subtitle B constitutes Federal financial assistance for purposes of various civil rights and nondiscrimination laws.

Prohibits a child care provider that receives assistance under subtitle B from discriminating: (1) against any child on the basis of religion in providing child care services; or (2) in employment on the basis of the religion of the prospective employee if such employee's primary responsibility is or will be working directly with children in the provision of child services. Makes exceptions with respect to non-funded child care slots, two or more qualified applicants for employment, and present employees. Requires specific assurances of such religious nondiscrimination in the case of providers receiving 80 percent or more of their operating budget from assistance under subtitle B. Provides for the severability of such religious nondiscrimination provisions.

Declares that nothing in subtitle B shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the expenditure of public funds in or by sectarian institutions.

Requires each State receiving subtitle B funds to design and carry out its child care services program so as to maximize parental choice. Authorizes such States to provide child care services pursuant to subtitle B: (1) directly; (2) through child care providers, by using grants, purchase of service contracts, or issuing child care certificates; or (3) through such other arrangements as the State agency deems appropriate.

Requires such States, within two years, to offer a child care certificate program under which each parent or legal guardian receiving subtitle B assistance shall have the option of receiving it in the form of a child care certificate which may be used with any eligible child care provider.

Requires States to use 90 percent of such payments for child care services and ten percent for administration, training, and enforcement. Prohibits their use for any child care services which do not meet all applicable standards and licensing and registration requirements: (1) during the first three-year period, as these are established under State and local law; and (2) after such period, as these are established by State and local law pursuant to subtitle B provisions. Prohibits use of such payments to supplant any other Federal or State funds for child care services.

Requires States receiving such payments to have in effect, beginning three years after enactment of this Act, child care standards in specified categories, with different limits on the types of standards for center-based, family, and group home child care services.

Requires States receiving such payments to require, within two years after enactment of subtitle B, completion annually of an average of 15 hours training by all child care providers (and the caregivers they employ) who receive public funds for child care and are required to be licensed or regulated in the State.

Requires States receiving such payments to reimburse child care expenses at market rates, with higher reimbursements for infants and toddlers, children with disabilities, and comprehensive child care programs for children of adolescent parents. Requires such States to establish a sliding fee scale based on income for child care services to families, but with no fee requirement for families whose income does not exceed the poverty line.

Requires a State receiving such payments to develop policies and procedures ensuring that it will not reduce: (1) the categories of child care providers it licenses or regulates; or (2) the level of standards for child care services, even if they exceed those required under this Act, unless it demonstrates that such reduction is based on positive developmental practice or is necessary to increase access and availability and will not jeopardize health and safety.

Requires States receiving such payments to have in effect, within three years, enforcement policies and practices applicable to all child care funded under title XX of the Social Security Act and all child care services delivered by providers who receive public funds for such services. Includes among such required enforcement policies and practices: (1) training and qualifying of inspectors; (2) at least one unannounced inspection annually of each center-based child care provider; (3) unannounced inspections periodically, during normal operating hours, of licensed and regulated family child care providers; (4) sufficient licensing personnel; (5) parental access to their children in child care and information on policies and goals; (6) complaint procedures; (7) employee whistleblower protection; (8) consumer education information; (9) on-premise provider posting of the telephone number of the licensing or regulatory agency; and (10) State recordkeeping of parental complaints, and public availability of information on substantiated complaints.

Provides for timing of expenditures.

Sets forth a formula for determining child care allotments to States based on specified State shares and child care set asides for FY 1991 through 1994 and succeeding fiscal years. Provides for redistribution of unexpended child care allotments.

Requires annual State reports to the Secretary of Health and Human Services (the Secretary for purposes of this title) on intended uses of child care allotments, and publication of and opportunity for public comment on such reports. Requires annual State reports to the Secretary on the actual use of specified child care allotments under title XX of the Social Security Act. Requires public availability of such reports. Directs the Secretary to submit an annual compilation of such reports to the Congress. Directs the Secretary to establish uniform reporting requirements for States. Requires biennial auditing by States.

Adds a new subtitle C, Applicability of Other Law, to title XX of the Social Security Act. Declares that specified provisions for State applications and plans and for a National Advisory Committee on Recommended Child Care Standards, under the Child Care Quality Improvement Act (title IV of this Act), shall not be construed to impose any requirement relating to licensing, training, compliance, enforcement, salaries, recommended standards, or the making of grants or loans, or to authorize the expenditure of any funds, with respect to child care services provided pursuant to title XX of the Social Security Act.

Amends the Internal Revenue Code to increase the amount of the advance refundable earned income tax credit, and to adjust such credit for family size, for eligible individuals with one or more children. Provides a supplemental young child credit for taxpayers with a qualifying child under age six. Bases advance payment on the number of qualifying children. Requires employers to collect from employees, at the beginning of employment, signed earned income eligibility certificates or signed statements of ineligibility. Repeals the calendar year limitation on effectiveness of certificates. Coordinates the earned income tax credit with means-tested programs by: (1) treating Federal means-tested transfer payments as support provided by the individual taxpayer, solely for purposes of determining such credit; and (2) disregarding such credit in determining benefits under means-tested programs involving Federal funds.

Phases out the dependent care credit and the exclusion for dependent care assistance for taxpayers whose adjusted gross income exceeds specified levels, by certain reductions according to the amount of such excess.

Makes the telephone excise tax permanent.

Title IV: Child Care Quality Improvement - Child Care Quality Improvement Act - Amends specified Federal law to authorize the Secretary of Health and Human Services (the Secretary for purposes of this title) to provide financial assistance to eligible States, and to Indian tribes and tribal organizations, to carry out child care quality improvement programs.

Reserves specified amounts for U.S. territories and possessions and for programs for Indian children. Sets forth a formula for State allotment based on specified allotment factors involving per capita income and numbers of young children and school lunch program recipients.

Requires designation of a State lead agency to administer the program.

Sets forth State program application and planning requirements. Requires use of program funds to: (1) assist local resource and referral programs; (2) provide training and related activities; (3) improve monitoring of compliance with and enforcement of licensing and regulation; and (4) improve compensation to child care provider staff. Allows up to five percent of program funds to be used to carry out one or more of the following other activities: (1) low-interest loans to eligible nonprofit or family child care providers to improve existing facilities; (2) grants or low-interest loans to help child care providers meet government standards, with priority to those serving very low-income families; (3) grants to local public libraries (and school libraries, as appropriate) to improve early childhood learning resources and make them available to child care providers and preschool children and their families; (4) if funds are not appropriated for title V of this Act, grants to businesses to meet employee child care needs; and (5) development and implementation of State tax credits and other policies designed to encourage businesses to offer child care assistance.

Requires States, within three years, to have in effect specified types of enforcement policies and practices applicable to all licensed or regulated child care providers, including those required to register.

Requires States to report biennially to the Secretary on use of funds under this title and to include data on child care needs.

Requires State designation and funding of resource and referral agencies to serve specified geographic areas.

Requires States to establish training clearinghouses and to provide preservice and inservice training for child care staff and resource and referral staff.

Requires that funds under this title, and under titles I and II of this Act, supplement and not supplant other government funds for child care activities. Prohibits any such funds under those provisions of this Act from being used to renovate any facility unless: (1) the child care provider agrees to repay a certain portion of the grant or loan after child care services cease being provided there; or (2) if the provider is a sectarian agency or organization, the renovation or repair is necessary to bring such facility in compliance with such provisions of law.

Directs the Secretary to review and monitor State compliance, and to establish procedures to impose specified sanctions in cases of noncompliance.

Requires the Secretary to establish a National Advisory Committee on Recommended Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed recommended standards for child care programs; and (3) develop and make available to lead agencies recommended requirements for resource and referral agencies. Prescribes a procedure for the issuance of such standards. Terminates the Committee 90 days after the Secretary establishes such standards.

Title V: Business Involvement in Meeting Employee Child Care Needs - Directs the Secretary of Health and Human Services (the Secretary for purposes of this title) to establish a program of grants to eligible businesses to: (1) pay start-up costs incurred to provide child care services needed by their employees; or (2) provide additional child care services needed by their employees.

Sets forth requirements for applications to be submitted by a business either separately or as a consortium of two or more businesses.

Gives priority to businesses with fewer than 100 full-time employees.

Authorizes appropriations for FY 1991 through 1995 to carry out this title.

Title VI: Child Care Standards Improvement Incentive Grant Program and Demonstration Project - Directs the Secretary of Health and Human Services (the Secretary for purposes of this title) to establish a child care standards improvement incentive grant program to make grants to eligible States to improve their child care standards in specified categories. Sets forth provisions for eligibility, applications, consideration and awarding of initial and subsequent grants, Federal and State shares, authorized uses of grants, and administration.

Authorizes the Secretary to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models. Sets forth provisions for applications, evaluations, and reports. Directs the Secretary to report to the Congress by April 1, 1993, on the child development models that received such grants.

Authorizes appropriations in limited amounts for child care standards improvement incentive grants for FY 1991 through 1998. Requires that two percent of such funds be used for grants for the demonstration projects for child development models.