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128 STAT. 1981 PUBLIC LAW 113–186—NOV. 19, 2014 learning and developmental guidelines (or develop such guidelines if the State does not have such guidelines as of the date of enactment of the Child Care and Development Block Grant Act of 2014) that are appro- priate for children from birth to kindergarten entry, describing what such children should know and be able to do, and covering the essential domains of early childhood development for use statewide by child care providers. Such guidelines shall— ‘‘(I) be research-based, developmentally appro- priate, and aligned with entry to kindergarten; ‘‘(II) be implemented in consultation with the state educational agency and the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(I)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)); and ‘‘(III) be updated as determined by the State. ‘‘(ii) PROHIBITION ON USE OF FUNDS.—The plan shall include an assurance that funds received by the State to carry out this subchapter will not be used to develop or implement an assessment for children that— ‘‘(I) will be the sole basis for a child care provider being determined to be ineligible to participate in the program carried out under this subchapter; ‘‘(II) will be used as the primary or sole basis to provide a reward or sanction for an individual provider; ‘‘(III) will be used as the primary or sole method for assessing program effectiveness; or ‘‘(IV) will be used to deny children eligibility to participate in the program carried out under this subchapter. ‘‘(iii) EXCEPTIONS.—Nothing in this subchapter shall preclude the State from using a single assessment as determined by the State for children for— ‘‘(I) supporting learning or improving a class- room environment; ‘‘(II) targeting professional development to a provider; ‘‘(III) determining the need for health, mental health, disability, developmental delay, or family support services; ‘‘(IV) obtaining information for the quality improvement process at the State level; or ‘‘(V) conducting a program evaluation for the purposes of providing program improvement and parent information. ‘‘(iv) NO FEDERAL CONTROL.—Nothing in this sec- tion shall be construed to authorize an officer or employee of the Federal Government to— ‘‘(I) mandate, direct, control, or place condi- tions (outside of what is required by this sub- chapter) around adopting a State’s early learning VerDate Sep 11 2014 13:40 Nov 10, 2020 Jkt 039194 PO 00002 Frm 00557 Fmt 6580 Sfmt 6581 G:\GSDD\STATUTES\2014\PT2\39194PT2.001 39194PT2 dkrause on LAP5T8D0R2PROD with DISTILLER (1)