110 HR 1429 IH: To reauthorize the Head Start Act, to improve program
U.S. House of Representatives
2007-03-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Improving Head Start Act of 2007
.
2.Section 636 of the
Head Start Act (42 U.S.C. 9831) is
amended to read as follows:
636.It is the purpose of
this subchapter to promote the school readiness of low-income children—
(1)by enhancing their
cognitive, social, and emotional development in a learning environment that
supports children’s growth in language, literacy, mathematics, science, social
and emotional functioning, physical skills, and approaches to learning;
and
(2)through the
provision to low-income children and their families of health, educational,
nutritional, social, and other services that are determined, based on family
needs assessments, to be
necessary.
.
3.Section 637 of the
Head Start Act (42 U.S.C. 9832) is
amended—
(1)by redesignating
paragraphs (16) and (17) as paragraphs (23) and (24), respectively,
(2)by redesignating
paragraphs (14) and (15) as paragraphs (20) and (21), respectively,
(3)by redesignating
paragraphs (11) through (13) as paragraphs (16) through (18),
respectively,
(4)by redesignating
paragraph (10) as paragraph (14),
(5)by redesignating
paragraphs (3) through (9) as paragraphs (5) through (11), respectively,
(6)by redesignating
paragraph (2) as paragraph (3),
(7)by inserting after
paragraph (1) the following:
(2)The term
deficiency means—
(A)systemic or
significant material failure of a Head Start agency in an area of performance
that the Secretary determines involves—
(i)a
threat to the health, safety, or civil rights of children or staff;
(ii)a
denial to parents of the exercise of their full roles and responsibilities
related to program governance;
(iii)a failure to
perform the requirements of section 641A(a), as determined by the
Secretary;
(iv)the misuse of
funds received under this subchapter;
(v)loss of legal
status (as determined by the Secretary) or financial viability, loss of
permits, debarment from receiving Federal grants or contracts, or the improper
use of Federal funds; or
(vi)failure to meet
any other of Federal or State requirement; or
(B)material failure
of the board of directors of a Head Start agency to meet its legal and
fiduciary
responsibilities.
,
(8)by inserting after
paragraph (3), as so redesignated the following:
(4)The term
family
means all persons living in the same household who
are—
(A)supported by the
income of at least 1 parent or guardian (including any relative acting in place
of a parent, such as a grandparent) of a child enrolling or participating in a
Head Start program; and
(B)(i)related to the parent or
guardian by blood, marriage, or adoption; or
(ii)residing in the legal custody of a
relative or nonrelative guardian in a foster care
placement.
,
(9)by inserting after
paragraph (11), as so redesignated the following:
(12)The term
‘homeless children’ has the meaning given such term in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11437(a)(2)).
(13)The term homeless family
means the family of a homeless child.
,
(10)by inserting
after paragraph (14), as so redesignated the following:
(15)The terms
limited English proficient and limited English
proficiency mean with respect to an individual, that such
individual—
(A)(i)was not born in the
United States or has a native language that is not English;
(ii)(I)is a Native American, an
Alaska Native, or a native resident of a territory or possession of the United
States; and
(II)comes from an environment in which
a language that is not English has had a significant impact on such
individual’s level of English language proficiency; or
(iii)is migratory, has a native
language that is not English, and comes from an environment in which a language
that is not English is dominant; and
(B)has difficulty in
speaking or understanding the English language to an extent that may be
sufficient to prevent such individual from—
(i)successful
achievement in classrooms in which the language of instruction is English;
or
(ii)fully
participating in
society.
,
(11)by inserting
after paragraph (18), as so redesignated the following:
(19)The term professional
development
means high quality activities that will improve the
knowledge and skills of Head Start teachers and staff, as relevant to their
roles and functions, in program administration and the provision of services
and instruction, as appropriate, in a manner that improves service delivery to
eligible children and families, including activities that—
(A)are part of a sustained effort to improve
overall program quality and outcomes for eligible children and families;
(B)are developed or selected with extensive
participation of administrators and teachers from Head Start programs;
(C)are developmentally appropriate for the
children being served;
(D)include instruction in ways that Head
Start personnel may work more effectively with parents, as appropriate;
(E)are designed to give teachers and staff the
knowledge and skills to provide instruction and appropriate support services to
children of diverse backgrounds, as appropriate;
(F)if a 1-day or short-term workshop or
conference, must be as part of the professional development plan defined in
section 648A(f) and be delivered by an institution of higher education or other
entity with expertise in delivering training in early childhood development,
family support, and other assistance designed to improve the delivery of Head
Start services;
(G)assist teachers with—
(i)the acquisition of the content knowledge
and teaching strategies needed to provide effective instruction and other
school readiness services in early language and literacy, early mathematics,
early science, cognitive skills, approaches to learning, creative arts,
science, physical health and development, and social and emotional development
linked to school readiness;
(ii)meeting the requirements in paragraphs (1)
and (2) of section 648A(a), as appropriate;
(iii)improving classroom management skills, as
appropriate;
(iv)advancing understanding of effective
instructional strategies that are—
(I)based on scientifically based research;
and
(II)aligned with—
- (aa)the Head Start Child Outcomes Framework
developed by the Secretary and State early learning standards, as appropriate;
and
- (bb)the curricula, ongoing assessments, and
other instruction and services designed to help meet the standards described in
section 641A(a)(1);
(v)acquiring the knowledge and skills to
provide instruction and appropriate language and support services to increase
the English language skills of limited English proficient children, as
appropriate; or
(vi)methods of teaching children with
disabilities, as appropriate.
,
(12)by inserting after
paragraph (21), as so redesignated, the following:
(22)The term
scientifically based research
—
(A)means research
that involves the application of rigorous, systematic and objective procedures
to obtain reliable and valid knowledge relevant to education activities and
programs; and
(B)includes research
that—
(i)employs
systematic, empirical methods that draw on observation or experiment;
(ii)involves rigorous
data analyses that are adequate to test the stated hypotheses and justify the
general conclusions drawn;
(iii)relies on
measurements or observational methods that provide reliable and valid data
across evaluators and observers, across multiple measurements and observations,
and across studies by the same or different investigators;
(iv)is evaluated
using experimental or quasi-experimental designs in which individuals,
entities, programs or activities are assigned to different conditions and with
appropriate controls to evaluate the effects of the condition of interest, with
a preference for random assignment experiments, or other designs to the extent
that those designs contain within-condition or across-condition
controls;
(v)ensures that
experimental studies are presented in sufficient detail and clarity to allow
for replication or, at a minimum, offer the opportunity to build systematically
on their findings; and
(vi)has been accepted
by a peer-reviewed journal or approved by a panel of independent experts
through a comparably rigorous, objective, and scientific
review.
,
and
(13)by amending
paragraph (24), as so redesignated, to read as follows:
(24)
The term State means a State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands
of the United States, and the Commonwealth of the Northern Mariana Islands, and
the Republic of
Palau.
.
4.Authorization of
appropriationsSection 639 of
the Head Start Act (42 U.S.C. 9834) is
amended to read as follows:
639.Authorization
of appropriations
(a)There are authorized to be appropriated to carry out this
subchapter $7,350,000,000 for fiscal year 2008 and such sums as may be
necessary for fiscal years 2009 through 2012.
(b)From the amount appropriated under subsection (a), the
Secretary shall make available to carry out research, demonstration, and
evaluation activities (including longitudinal studies under section 649) not
more than $20,000,000 for fiscal year 2008 and such sums as may be necessary
for each of fiscal the years 2009 through 2012, of which not more than
$7,000,000 for each of the fiscal years 2008 through 2012 shall be available to
carry out impact studies under section 649(g).
.
5.Allotment of
funds; limitation on assistance
(a)Section 640(a) of the Head
Start Act (42 U.S.C. 9835(a)) is amended to read as follows:
(a)
(1)Of the funds appropriated under section 639, the
Secretary shall allot such amounts in accordance with paragraphs (2) through
(4), and subject to paragraphs (5) and (6).
(2)Thirteen percent
set-asideThe Secretary shall reserve 13 percent of the amount
appropriated for each fiscal year for use in accordance with the following
order of priorities:
(A)For Indian Head Start programs, services for children
with disabilities, and migrant and seasonal Head Start programs, except
that—
(i)there shall be made
available for each fiscal year for use by Indian Head Start programs and by
migrant and seasonal Head Start programs, on a nationwide basis, not less than
the amount that was obligated for use by Indian Head Start programs and by
migrant and seasonal Head Start programs for fiscal year 2007;
(ii)migrant and
seasonal Head Start programs shall receive not less than 5 percent of the
amount appropriated for each fiscal year until such time as the Secretary can
make funding decisions to ensure access to funding for eligible children of
migrant and seasonal farmworkers is comparable to access to funding for other
eligible children based on the data collected and reported pursuant to section
648(l), except that no future reduction in funding shall result in the
termination of Head Start services provided to any eligible child 3 years of
age or older who is participating in any such program on the date a reduction
in funding occurs, and shall, to the extent possible, continue participation
for children less than 3 years of age receiving services before such reduction
in funding; and
(iii)Indian Head
Start programs shall receive not less than 3.5 percent of the amount
appropriated for each fiscal year until such time as the Secretary can make
funding decisions to ensure access to funding for eligible Indian children is
comparable to access to funding for other eligible children based on the data
collected in accordance with the requirements of section 648(k), except that no
future reduction in funding shall result in the termination of Head Start
services provided to any eligible child 3 years of age or older who is
participating in any such program on the date a reduction in funding occurs,
and shall, to the extent possible, continue participation for children less
than 3 years of age receiving services before such reduction in funding.
(B)Payments to
territories and freely associated statesSubject to paragraph
(7), for payments to Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Virgin Islands of the United States, and the Republic
of Palau, except that payments to the Republic of Palau shall not be made after
fiscal year 2009.
(C)Training and
technical assistanceNot less than 2 percent of the amount
appropriated for such fiscal year for training and technical assistance
activities to foster program quality and management improvement as described in
section 648, of which—
(i)not less than 50
percent shall be available to local Head Start agencies to make program
improvements identified by such agencies to use for the training and technical
assistance activities described in section 648(j);
(ii)not less than 30
percent shall be available to the Secretary to support a State-based system or
a national system, in the case of migrant and seasonal Head Start and Indian
Head Start programs, of early childhood education training and technical
assistance to local Head Start agencies as described in section 648(n);
and
(iii)the remainder of such amount shall be
available to the Secretary to assist local Head Start agencies in meeting and
exceeding the standards described in section 641A(a)(1), including financial
assistance to help Head Start programs address weaknesses identified by
monitoring activities conducted by the Secretary under section 641A(c), except
that—
(I)not less than
$3,000,000 shall be available to carry out the activities described in section
648(c)(4); and
(II)no more than
$5,000,000 shall be reserved to carry out the activities described in section
642B(b).
(D)Monitoring and
terminationsFor discretionary payments made by the Secretary,
including payments for all costs (other than compensation of Federal employees)
of reviews of Head Start agencies, programs under section 641A(c), and of
activities carried out under paragraph (1), (2), or (3) of section 641A(d)
related to correcting deficiencies and conducting proceedings to terminate the
designation of Head Start agencies.
(E)For
payments for research, demonstration, and evaluation activities under section
649.
No funds
reserved under this paragraph or paragraph (3) may be combined with funds
appropriated under any other Act if the purpose of combining funds is to make a
single discretionary grant or a single discretionary payment, unless such funds
appropriated under this subchapter are separately identified in such grant or
payment and are used for the purposes of this subchapter.(3)Quality
improvement funds
(A)
(i)For each of the fiscal years 2008 through
2012, to provide assistance for activities specified in subparagraph (B), the
Secretary shall reserve, from the amount (if any) by which the funds
appropriated under section 639(a) for a fiscal year exceed the adjusted prior
year appropriation, a share equal to the sum of—
(I)60 percent of such
excess amount; and
(II)any additional
part of such excess amount the Secretary may find necessary to address a
demonstrated need for such activities.
(ii)As used in clause
(i), the term adjusted prior year appropriation means, with
respect to a fiscal year, the amount appropriated under section 639(a) for the
preceding fiscal year, adjusted to reflect the percentage change in the
Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor
Statistics) during such preceding fiscal year.
(B)Quality
improvement activitiesFunds reserved under this paragraph shall
be used to carry out the following activities:
(i)Developing and
financing the salary scales and benefit standards of educational staff, family
service workers, and child counselors, as described in sections 644(a) and 653,
to ensure that salary levels and benefits are adequate to attract and retain
qualified staff for such programs.
(ii)Providing
on-going professional development to teachers that improves their understanding
of child development, content knowledge, and appropriate teaching strategies
needed to provide effective instruction and other school readiness services in
the areas of early language and literacy, early mathematics, cognitive skills,
approaches to learning, creative arts, science, physical health and
development, and social and emotional development.
(iii)Improving the
qualifications and skills of educational personnel to meet the professional
standards established under section 648A(a)(1), including providing assistance
to complete postsecondary course work, subject to section 648A(a)(2)(D).
(iv)Ensuring that the
physical environments of Head Start programs are conducive to providing
effective program services to children and families, and are accessible to
children with disabilities and other individuals with disabilities.
(v)Employing
additional qualified classroom staff necessary to reduce the child to teacher
ratio in the classroom and family to staff ratio for family services
workers.
(vi)Ensuring that
such programs have qualified staff that can promote language skills and
literacy growth of children and that can provide children with a variety of
skills that have been identified, through scientifically based reading
research, as predictive of later reading achievement.
(vii)Increasing hours
of program operation, including—
(I)conversion of
part-day to full-day; and
(II)number of weeks
operated in a calendar year.
(C)
(i)Funds reserved
under subparagraph (A) shall be allotted by the Secretary as follows:
(I)80 percent of such
funds shall be allotted among the States in the same proportion as the
Secretary allots funds among the States under paragraph (4) for the respective
fiscal year.
(II)20 percent of
such funds shall be allotted among the States, geographical areas specified in
subsection (a)(2)(B) and Indian Head Start programs and migrant and seasonal
Head Start programs, and used to make grants to Head Start agencies, at the
discretion of the Secretary.
(ii)Funds allotted
under clause (i) shall be used by the Secretary to make grants to Head Start
agencies that receive grants from funds allotted under paragraph (4) for such
fiscal year, in such amounts as the Secretary considers to be appropriate, for
expenditure for activities specified in subparagraph (B).
(iii)Funds received
under this subparagraph shall be used to supplement, not to supplant, funds
received under paragraph (2) or (4).
(4)Subject to section 639(b), the Secretary shall allot
the remaining amounts appropriated in each fiscal year among the States, in
accordance with latest satisfactory data so that—
(A)each State
receives an amount which is equal to the amount the State received for fiscal
year 2007; and
(B)any amount
available after all allotments are made under subparagraph (A) for such fiscal
year shall be distributed proportionately on the basis of the number of
children less than 5 years of age from families whose income is below the
poverty line.
For
purposes of this paragraph, for each fiscal year the Secretary shall use the
most recent data available on the number of children less than 5 years of age
from families whose income is below the poverty line, as published by the
Department of Commerce, unless the Secretary and the Secretary of Commerce
determine that use of the most recent data available would be inappropriate or
unreliable. If the Secretary and the Secretary of Commerce determine that some
or all of the data referred to in this paragraph are inappropriate or
unreliable, the Secretaries shall issue a report setting forth their reasons in
detail.(5)
(A)From amounts
reserved and allotted under paragraph (4), the Secretary shall award the
collaboration grants described in subparagraphs (B), (C), and (D).
(B)(i)From the reserved sums,
the Secretary shall award upon submission of a written request, a collaboration
grant to each State and to each national administrative office serving Indian
Head Start programs and migrant and seasonal Head Start programs to facilitate
collaboration between Head Start agencies and entities (including the State or
national administrative office) that carry out other activities designed to
benefit low-income families and children from birth to school entry. The
national administrative offices shall use the funds made available through the
grants to carry out the authorities and responsibilities described in
subparagraphs (B) and (C).
(ii)Grants described in clause (i)
shall be used to—
(I)assist Head Start agencies to collaborate
with entities involved in State and local planning processes to better meet the
needs of low-income families and children from birth to school entry;
(II)assist Head Start agencies to coordinate
activities with the State agency responsible for administering the State
program carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) and
entities providing resource and referral services in the State, to make
full-working-day and full calendar year services available to children;
(III)promote alignment of Head Start
curricula and continuity of services with the Head Start Child Outcomes
Framework and State early learning standards, as appropriate;
(IV)promote better linkages between Head
Start agencies and other child and family agencies, including agencies that
provide health, mental health, or family services, or other child or family
supportive services, such as services provided under section 619 or part C of
the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
and
(V)carry out the activities of the State
Director of Head Start Collaboration authorized in subparagraph (D).
(C)In order to
improve coordination and delivery of early education services to children in
the State, a State that receives a collaboration grant under subparagraph (B)
shall—
(i)appoint or
designate an individual to serve as, or carry out the responsibilities of, the
State Director of Head Start Collaboration;
(ii)ensure that the
State Director of Head Start Collaboration holds a position with sufficient
authority and access to ensure that the collaboration described in subparagraph
(B) is effective and involves a range of State agencies; and
(iii)involve the
State Head Start Association in the selection of the Director and involve the
Association in determinations relating to the ongoing direction of the
collaboration office.
(D)The State Director
of Head Start Collaboration shall—
(i)not later than 1
year after the State receives a collaboration grant under subparagraph (B),
conduct an assessment that—
(I)addresses the needs of Head Start agencies
in the State with respect to collaboration, coordination, and alignment of
services, and alignment of curricula and assessments with the Head Start Child
Outcomes Framework, and with State early learning standards, as
appropriate;
(II)shall be updated
on an annual basis; and
(III)shall be made
available to the general public within the State;
(ii)develop a
strategic plan that is based on the assessment described in clause (i) that
will—
(I)enhance
collaboration and coordination of Head Start services with other entities
providing early childhood programs and services (such as child care or services
offered by museums), health care, mental health care, welfare, child protective
services, education and community service activities, family literacy services,
reading readiness programs (including such programs offered by public and
school libraries), services relating to children with disabilities, other early
childhood programs and services for limited English proficient children and
homeless children, and services provided for children in foster care and
children referred to Head Start programs by child welfare agencies, including
agencies and State officials responsible for such services;
(II)assist Head Start
agencies to develop a plan for the provision of full-working-day, full calendar
year services for children enrolled in Head Start programs who need such
care;
(III)assist Head Start agencies to align
curricula and assessments with the Head Start Child Outcomes Framework and to
the State early learning standards, as appropriate; and
(IV)enable Head Start
agencies in the State to better access professional development opportunities
for Head Start staff, such as by—
- (aa)working with
local Head Start agencies to meet the degree requirements described in section
648A(a)(2)(A), including providing distance learning opportunities for Head
Start staff, where needed to make higher education more accessible to Head
Start staff; and
- (bb)enabling the
State Head Start agencies to better conduct outreach to eligible
families;
(iii)promote
partnerships between Head Start agencies, State and local governments, and the
private sector to help ensure that children, who are in Head Start programs,
are receiving comprehensive services to prepare the children to enter school
ready to succeed;
(iv)consult with the
chief State school officer, local educational agencies, and providers of early
childhood education and care, regarding early care and education services at
both the State and local levels;
(v)promote
partnerships between Head Start agencies, schools, law enforcement, relevant
community-based organizations, and substance abuse and mental health treatment
agencies to strengthen family and community environments and to reduce the
impact on child development of substance abuse, child abuse, domestic violence,
and other high risk behaviors that compromise healthy development;
(vi)promote
partnerships between Head Start agencies and other organizations in order to
enhance Head Start program quality, including partnerships to promote inclusion
of more books in Head Start classrooms;
(vii)identify other
resources and organizations (both public and private) for the provision of
in-kind services to Head Start agencies in the State; and
(viii)work with the
State Early Learning Council in order to assist the efforts of Head Start
agencies to engage in effective coordination and collaboration.
(6)
(A)From amounts reserved and allotted pursuant to
paragraphs (2) and (4), the Secretary shall use, for grants for programs
described in section 645A(a), a portion of the combined total of such amounts
that is not less than 12 percent for fiscal year 2008, not less than 14 percent
for fiscal year 2009, not less than 16 percent for fiscal year 2010, not less
than 18 percent for fiscal year 2011, and not less than 20 percent for fiscal
year 2012 of the amount appropriated pursuant to section 639(a).
(B)
(i)For any fiscal year for which the
Secretary determines that the amount appropriated under section 639(a) is not
sufficient to permit the Secretary to reserve the portion described in
subparagraph (A) without reducing the number of children served by Head Start
programs or adversely affecting the quality of Head Start services, relative to
the number of children served and the quality of the services during the
preceding fiscal year, the Secretary may reduce the percentage of funds
required to be reserved for the portion described in subparagraph (A) for the
fiscal year for which the determination is made, but not below the percentage
required to be so reserved for the preceding fiscal year.
(ii)For any fiscal year for which the
amount appropriated under section 639(a) is reduced to a level that requires a
lower amount to be made available under this subchapter to Head Start agencies
and entities described in section 645A, relative to the amount made available
to such agencies and entities for the preceding fiscal year, adjusted as
described in paragraph (3)(a)(ii), the Secretary shall proportionately
reduce—
(I)the amounts made available to such entities
for programs carried out under section 645A; and
(II)the amounts made available to such Head
Start agencies for Head Start programs.
(7)For purposes of
this subsection, the term State does not include Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands,
the Federated States of Micronesia, the Republic of the Marshall Islands, and
the Republic of
Palau.
.
(b)Section 640(f) Head Start
Act (42 U.S.C. 9835(f)) is amended to read as follows:
(f)
(1)Not later than 1 year after the date of the
enactment of the Improving Head Start Act of 2007, the Secretary shall
establish procedures to enable Head Start agencies to develop locally designed
or specialized service delivery models to address local community needs,
including models that leverage the existing capacity and capabilities of the
delivery system of early childhood education and child care.
(2)In establishing
the procedures, the Secretary shall establish procedures to provide for—
(A)the conversion of
part-day programs to full-day programs or part-day slots to full-day slots;
and
(B)serving additional
infants and toddlers pursuant to section
645(a)(4).
.
(c)Expansion of
Head Start ProgramsSection 640(g) of the
Head Start Act (42 U.S.C. 9835(g)) is
amended in paragraph (2)—
(1)by
striking For the purpose of expanding Head Start programs, in
and inserting In
, and
(2)by amending
subparagraphs (C) through (H) to read as follows:
(C)the extent to which the applicant has
undertaken community-wide strategic planning and needs assessments involving
other community organizations and local public agencies serving children and
families with Federal, State, or local funds (including organizations and
agencies providing family support services, child abuse prevention services,
protective services, and foster care, and organizations serving families in
whose homes English is not the language customarily spoken), and individuals,
organizations, and public entities serving children with disabilities or
homeless children, including the local educational agency liaison designated
under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11432(g)(1)(J)(ii));
(D)the extent to which the family and
community needs assessment of the applicant reflects a need to provide full
working-day or full calendar year services and the extent to which, and manner
in which, the applicant demonstrates the ability to collaborate and participate
with the State and local community providers of child care or preschool
services to provide full working-day full calendar year services;
(E)the number of eligible children in
each community who are not participating in a Head Start program or any other
early childhood program;
(F)the concentration of low-income
families in each community;
(G)the extent to which the applicant
proposes to foster partnerships with other service providers in a manner that
will leverage the existing delivery systems of such services and enhance the
resource capacity of the applicant;
(H)the extent to which the applicant, in
providing services, successfully coordinated its activities with the local
educational agency serving the community involved, (including the local
educational agency liaison designated under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) and with
schools in which children participating in a Head Start program operated by
such agency will enroll following such program, regarding such services and the
education services provided by such local educational agency; and
(I)the amount of funds used by such
agency to pay administrative expenses and the amount of available funds
received by such agency under this section to service each enrolled
child.
.
(d)Migrant and
Seasonal Head Start ProgramsSection 640(l) of the
Head Start Act (42 U.S.C. 9835(l)) is
amended—
(1)by
amending paragraph (3) to read as follows:
(3)In carrying out this subchapter, the
Secretary shall continue the administrative arrangement at the national level
for meeting the needs of Indian children and children of migrant and seasonal
farmworkers and shall ensure that appropriate funding is provided to meet such
needs, including training and technical assistance and the appointment of a
national migrant and seasonal Head Start collaboration director and a national
Indian Head Start collaboration
director.
,
and
(2)by adding at the
end the following:
(4)(A)For the purposes of
paragraph (3), the Secretary shall conduct an annual consultation in each
affected Head Start region, with tribal governments operating Head Start
programs and Early Head Start programs.
(B)The consultations shall be for the
purpose of better meeting the needs of Indian children and children of Alaskan
Natives, and their families, in accordance with subsections (a), (b), and (c)
of section 641, taking into consideration funding allocations, distribution
formulas, and other issues affecting the delivery of Head Start services in
their geographic locations.
(C)The Secretary shall publish a
notification of the consultations in the Federal Register before conducting the
consultations.
(D)A detailed report of each
consultation shall be prepared and made available within 90 days of the annual
consultation to all Indian tribes that receive assistance under this
subchapter.
.
(e)Enrollment of
Homeless Children; Rule of Construction; MaterialsSection 640 of
the Head Start Act (42 U.S.C. 9835) is
amended by adding at the end the following:
(m)Enrollment of
Homeless ChildrenThe Secretary shall issue rules to establish
policies and procedures to remove barriers to the enrollment and participation
of homeless children in Head Start programs. Such rules shall require Head
Start agencies—
(1)to implement
policies and procedures to ensure that homeless children are identified and
prioritized for enrollment;
(2)to allow homeless
families to apply to, enroll in and attend Head Start programs while required
documents, such as proof of residency, immunization and other medical records,
birth certificates and other documents, are obtained within a reasonable time
frame; and
(3)coordinate
individual Head Start programs with efforts to implement subtitle B of title
VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431–11435).
(n)Nothing in this subchapter shall be construed to
require a State to establish a program of early education for children in the
State, to require any child to participate in a program of early education, to
attend school, or to participate in any initial screening before participating
in such program, except as provided under sections 612(a)(3) and 635(a)(5) of
the Individuals with Disabilities Education Act.
(o)All curricula and instructional materials
funded under this subchapter shall be based on scientifically based research,
age and developmentally appropriate, and focused on all areas of development
(cognitive, social, emotional, and physical), learning (language and literacy,
mathematics, science, and creative arts) and approaches to learning. Parents
shall be permitted to inspect, upon request, any curricula or instructional
materials used to carry out this
subchapter.
.
6.Designation of
Head Start agenciesSection
641 of the Head Start Act (42 U.S.C.
9836) is amended to read as follows:
641.Designation of
Head Start agencies
(a)The Secretary is
authorized to designate as a Head Start agency any local public or private
nonprofit agency, including community-based and faith-based organizations, or
for-profit agency, within a community, pursuant to the requirements of this
section, except that until such time that the Secretary develops and implements
the system of application review under this section, the Secretary is
authorized to designate as a Head Start agency, any local public or private
nonprofit agency, including community-based and faith-based organizations, or
for-profit agency, within a community, in the manner and process utilized by
the Secretary prior to the enactment of the Improving Head Start Act of
2007.
(b)Each entity shall submit a plan to the Secretary, at such
time and in such manner as the Secretary may require.
(c)Development of
application review system
(1)The Secretary shall develop a system that integrates the
recommendations of the expert panel convened under paragraph (3) to determine
if a Head Start agency is providing a quality comprehensive early learning
program that meets the educational, health, and nutritional needs of the
children and families it serves, and meets program and financial management
requirements and performance standards described in section 641A(a)(1), based
on—
(A)annual budget
data;
(B)program reviews
conducted under section 641A(c);
(C)annual audits required under section
647;
(D)classroom quality
as measured under section 640A(c)(2)(H); and
(E)Program Information Report.
(2)No later than six
months after the enactment of the Improving Head Start Act of 2007, the
Secretary shall convene an expert panel of 7 members to make recommendations to
the Secretary on the development of a transparent, reliable, and valid system
for evaluating grant renewal applications.
(3)Composition of
expert panelThe Secretary, in convening such panel, shall
appoint the following:
(A)5 members, who are
competent, by virtue of their training, expertise, and experience, in each of
at least one of the following areas:
(i)Early childhood
program accreditation or quality assessment.
(ii)Research on early
childhood development.
(iii)Governance and
finance of non-profit organizations.
(iv)Delivery of
services to children and families with limited English proficiency.
(v)Delivery of
services to children with disabilities.
(B)An employee from
the Office of Head Start.
(C)An executive
director of a Head Start agency.
(4)Within 12 months of being convened by the Secretary, the
expert panel shall issue a report to the Secretary that provides
recommendations on a proposed system of grant review that takes into account
the criteria in paragraph (1) to evaluate whether a Head Start grantee is
meeting mission to provide a high quality comprehensive early education
program, including adequately meeting its governance and financial management
requirements.
(5)Public comment;
report to congressNo later than 6 months after receiving the
report described in paragraph (4), the Secretary shall publish a proposed
system for application evaluation in the Federal Register, providing at least
90 days for public comment and shall provide a report to the Education and
Labor Committee of the U.S. House of Representatives and the Health, Education,
Labor, and Pensions Committee of the U.S. Senate that provides a detailed
description of such proposed system, including clear rationale for any
differences between the proposed system and the recommendations of the expert
panel, if any such differences exist.
(6)Implementation of
application review systemAfter the Secretary has reviewed all
public comments and finalized the system of application renewal, the Secretary
will use this system to determine which grantees are successfully delivering a
high quality comprehensive early education program. Grantees who are determined
under such system to be—
(A)successfully
delivering a high quality comprehensive early education program shall have
their application renewed for a period of 5 years;
(B)under-performing and
may enter into an open competition as described in subparagraph (e); and
(C)notwithstanding
paragraph (B), if an Indian Head Start agency is determined to be
underperforming, the Secretary shall engage in government-to-government
consultation with the appropriate tribal government or governments for the
purpose of establishing a performance enhancement plan for that agency. Such
plan is to be developed and implemented within 6 months of the Secretary’s
determination. Not more than 6 months after implementation of that plan, the
Secretary shall re-evaluate the performance of the Indian Head Start agency. If
the Indian Head Start agency remains underperforming, the Secretary shall
conduct an open competition as described in subparagraph (e), subject to the
following limitations:
(i)Except as provided
in paragraph (ii), a non-Indian Head Start agency may not receive a grant to
carry out an Indian Head Start program.
(ii)In
a community in which there is no Indian Head Start agency available for
designation to carry out an Indian Head Start program, a non-Indian Head Start
agency, on an interim basis, may receive a grant to carry out an Indian Head
Start program, but only until such time as an Indian Head Start agency in such
community becomes available.
(d)Transparency,
reliability, and validityThe Secretary shall ensure the system
of application evaluation is fair, consistent, and transparent and applied in a
manner that awards 5 year grants in a timely manner to Head Start agencies
providing a high quality comprehensive early education program. The Secretary
shall periodically evaluate whether the criteria are being applied in a manner
that is transparent, reliable, and valid.
(e)Designation When
No Entity Has Priority
(1)If no entity in a community is determined to be
successfully delivering a high quality comprehensive early education program,
as specified in subsection (c), the Secretary shall, after conducting an open
competition, designate for a 5-year period a Head Start agency from among
qualified applicants in such community.
(2)Considerations
in designationIn selecting from among qualified applicants for
designation as a Head Start agency, the Secretary shall consider the
effectiveness of each such applicant to provide Head Start services, based
on—
(A)any past
performance of such applicant in providing services comparable to Head Start
services, including how effectively such applicant provided such comparable
services;
(B)the plan of such
applicant to provide comprehensive health (including mental and behavioral
health), educational, nutritional, social, and other services needed to prepare
children to succeed in school and in life;
(C)the plan of such
applicant to attract and retain qualified staff capable of delivering a high
quality comprehensive early education program, including demonstrating the
ability to provide adequate salary and benefits to maintain a high quality
staff;
(D)the ability of
such applicant to maintain child-teacher ratios and family service worker
caseloads that reflect best practices and are tied to high quality service
delivery;
(E)the capacity of such applicant to serve
eligible children with curriculum and teaching practices that are based on
scientifically based research, are developmentally appropriate, and that
promote the school readiness of children participating in the program;
(F)the plan of such
applicant to meet standards set forth in section 641A(a)(1), with particular
attention to the standards set forth in subparagraphs (A) and (B) of such
section;
(G)the proposed
budget and plan of such applicant to maintain strong fiscal controls and cost
effective fiscal management;
(H)the plan of such
applicant to coordinate the Head Start program the applicant proposes to carry
out, with other local early learning programs for young children,
including—
(i)programs
implementing grants under the Early Reading First and Even Start programs under
subparts 2 and 3 of part B of title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6371 et seq., 6381 et seq.);
(ii)and programs
under section 619 and part C of the Individuals with Disabilities Education Act
(20 U.S.C. 1419, 1431 et seq.);
(iii)State
prekindergarten programs;
(iv)child care
programs; and
(v)the educational
programs that the children participating in the Head Start program will enter
at the age of compulsory school attendance;
(I)the plan of such
applicant to coordinate the Head Start program that the applicant proposes to
carry out, with public and private entities that are willing to commit
resources to assist the Head Start program in meeting its program needs;
(J)the plan of such applicant—
(i)to
seek the involvement of parents (including grandparents and kinship caregivers,
as appropriate) of children participating in the proposed Head Start program,
in activities (at home and, if practicable, at the location of the Head Start
program) designed to help such parents become full partners in the education of
their children;
(ii)to afford such
parents the opportunity to participate in the development and overall conduct
of the program at the local level;
(iii)to offer
(directly or through referral to local entities, such as entities carrying out
Even Start programs under subchapter 3 of part B of title I of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6381 et seq.), public and school libraries, and
entities carrying out family support programs) to such parents—
(I)family literacy
services; and
(II)parenting skills
training;
(iv)to offer to
parents of participating children, mental health services (either directly or
through referral to local entities), including substance abuse counseling and
information on maternal depression and on the effect of drug-exposure on
infants and fetal alcohol syndrome;
(v)at
the option of such applicant, to offer (directly or through referral to local
entities) to such parents—
(I)training in basic
child development (including cognitive, social, and emotional
development);
(II)assistance in
developing literacy and communication skills;
(III)opportunities to
share experiences with other parents (including parent mentor
relationships);
(IV)regular in-home
visitation;
(V)mental and
behavioral health services; or
(VI)any other
activity designed to help such parents become full partners in the education of
their children;
(vi)to provide, with
respect to each participating family, a family needs assessment that includes
consultation with such parents about the benefits of parent involvement and
about the activities described in subparagraph (H) in which such parents may
choose to become involved (taking into consideration their specific family
needs, work schedules, and other responsibilities); and
(vii)to extend
outreach to fathers, in appropriate cases, in order to strengthen the role of
fathers in families, in the education of their young children, and in the Head
Start program, by working directly with fathers and father figures through
activities such as—
(I)in appropriate
cases, including fathers in home visits and providing culturally appropriate
opportunities for direct father-child interactions; and
(II)targeting
increased male participation in the conduct of the program;
(K)the plan of such
applicant to meet the needs of limited English proficient children and their
families, including procedures to identify such children, plans to provide
trained personnel, and plans to provide services to assist the children in
making progress toward the acquisition of the English language, while making
meaningful progress in attaining the knowledge, skills, abilities, and
development described in section 641A(a)(1)(B);
(L)the plan of such
applicant to meet the diverse cultural needs of the population served;
(M)the plan of such
applicant to meet the needs of children with disabilities;
(N)the plan of such
applicant who chooses to assist younger siblings of children who will
participate in the Head Start program to obtain health services from other
sources;
(O)the plan of such
applicant to collaborate with other entities carrying out public or private
early childhood education and child care programs in the community;
(P)the plan of such
applicant to meet the needs of homeless children, including transportation
needs, and children in foster care and children and families experiencing toxic
stress;
(Q)the plan of such
applicant to maintain a qualified staff, including a teaching staff qualified
to implement research-based curricula aligned with the Head Start Child
Outcomes Framework developed by the Secretary and to the early learning
standards in State in which such program would operate;
(R)the plan of such
applicant to enter into memoranda of understanding with local educational
agencies within the service area, as described in section 642B(a); and
(S)other factors
related to the requirements of this subchapter.
(f)If no agency in the community receives priority
designation under subsection (c), and there is no qualified applicant in the
community, the Secretary shall designate a qualified agency to carry out the
Head Start program in the community on an interim basis until a qualified
applicant from the community is so designated.
(g)Parent and
Community ParticipationThe Secretary shall require that the
practice of significantly involving parents and area residents affected by the
program in the selection of Head Start agencies be continued.
(h)For purposes of this subchapter, a
community may be a city, county, or multicity or multicounty unit within a
State, an Indian reservation (including Indians in any off-reservation area
designated by an appropriate tribal government in consultation with the
Secretary) or a neighborhood or other area (irrespective of boundaries or
political subdivisions) which provides a suitable organizational base and
possesses the commonality of interest needed to operate a Head Start
program.
.
7.Quality
Standards; monitoring of Head Start agencies and programsSection 641A of the
Head Start Act (42 U.S.C. 9836a) is
amended to read as follows:
641A.Quality
Standards; monitoring of Head Start agencies and programs
(a)
(1)Establishment of
standardsThe Secretary shall modify, as necessary, program
performance standards by regulation applicable to Head Start agencies,
programs, and projects under this subchapter, including—
(A)performance
standards with respect to services required to be provided, including health,
parental involvement, nutritional, social, transition activities described in
section 642(d), and other services;
(B)scientifically
based and developmentally appropriate early learning standards related to
school readiness that are based on the Head Start Child Outcomes Framework to
ensure that the children participating in the program, at a minimum develop and
demonstrate—
(i)language knowledge
and skills, including oral language and listening comprehension;
(ii)prereading
knowledge and skills that prepare children for early literacy in schools
including phonological awareness, print awareness and print skills, and
alphabetic knowledge;
(iii)mathematics
knowledge and skills, including aspects of classification, seriation, number,
spatial relations, and time;
(iv)science knowledge
and skills, including measurement;
(v)cognitive
abilities related to academic achievement and general knowledge;
(vi)social and
emotional development related to early learning, school success, social
problem-solving, and overall well-being;
(vii)approaches to
learning related to child development and early learning;
(viii)creative arts;
and
(ix)in the case of
limited-English proficient children, progress toward acquisition of the English
language while making meaningful progress in attaining the knowledge, skills,
abilities, and development described in clauses (i) through (viii);
(C)administrative and
financial management standards;
(D)standards relating
to the condition and location of facilities for such agencies, programs, and
projects; and
(E)such other
standards as the Secretary finds to be appropriate.
(2)Considerations
in developing standardsIn developing the standards required
under paragraph (1), the Secretary shall—
(A)consult with
experts in the fields of child development, early childhood education, child
health care, family services (including linguistically and culturally
appropriate services to limited English proficient children and their
families), administration, and financial management, and with persons with
experience in the operation of Head Start programs;
(B)take into
consideration—
(i)past experience
with use of the standards in effect under this subchapter on October 27,
1998;
(ii)changes over the
period since October 27, 1998, in the circumstances and problems typically
facing children and families served by Head Start agencies;
(iii)recommendations
from the report on Developmental Outcomes and Assessments for Young Children by
the National Academy of Sciences, when it becomes available;
(iv)developments
concerning research-based practices with respect to early childhood education
and development, children with disabilities, family services, program
administration, and financial management;
(v)projected needs of
an expanding Head Start program;
(vi)guidelines and
standards currently in effect or under consideration that promote child health
services and physical development, including outdoor activity that supports
children’s motor development and overall health and nutrition;
(vii)changes in the
population of children who are eligible to participate in Head Start programs,
including the language and cultural background and family structure of such
children;
(viii)mechanisms to
ensure that children participating in Head Start programs make a successful
transition to the schools that the children will be attending; and
(ix)the unique
challenges faced by individual programs, including those that are seasonal or
short term, and those that serve rural populations; and
(C)(i)review and revise as
necessary the performance standards in effect under this subsection; and
(ii)ensure that any such revisions in
the performance standards will not result in the elimination of or any
reduction in quality, scope or types of health, education, parental
involvement, nutritional, social, or other services required to be provided
under such standards as in effect on October 27, 1998.
(3)Standards
relating to obligations to delegate agenciesIn developing
standards under this subsection, the Secretary shall describe the obligations
of a Head Start agency to a delegate agency to which the Head Start agency has
delegated responsibility for providing services under this subchapter and
determine whether the Head Start agency complies with the standards. The
Secretary shall consider such compliance during the review described in
subsection (c)(1)(A) and in determining whether to renew financial assistance
to the Head Start agency under this subchapter.
(b)
(1)The Secretary, in consultation with representatives of
Head Start agencies and with experts in the fields of early childhood education
and development, shall use the study on Developmental Outcomes and Assessments
for Young Children by the National Academy of Sciences to provide guidance to
Head Start agencies for utilizing scientifically-based measures that support,
as appropriate—
(A)classroom
instructional practices;
(B)identification of
special needs; and
(C)program
evaluation.
(2)Characteristics
of measuresThe measures under this subsection shall
(A)be
developmentally, linguistically, and culturally appropriate for the population
served;
(B)be reviewed not
less than every 4 years, based on advances in the science of early childhood
development;
(C)be consistent with
relevant, nationally recognized professional and technical standards related to
the assessment of young children;
(D)be valid and
reliable (in English, Spanish, and any other language, as appropriate);
(E)be administered by
staff with appropriate training for such administration;
(F)provide
appropriate accommodations for children with disabilities and children who are
limited English proficient; and
(G)be high-quality research-based measures
that have been demonstrated to assist with the purposes for which they were
devised.
(3)Use of measures;
limitations on use
(A)Measures shall be
designed for the purpose of—
(i)promoting the
skills, knowledge, and competencies of children participating in Head Start
programs specified in subsection (a)(1)(B)(ii), with an emphasis on measuring
skills that scientifically-based research has demonstrated are related to
children’s school readiness and later success in school;
(ii)improving
classroom practices, including reviewing children’s strengths and
weaknesses;
(iii)identifying
special needs; and
(iv)improving overall
program performance in order to help programs identify problem areas that may
require additional training and technical assistance resources.
(B)Such measures
shall not be used to exclude children from Head Start programs.
(4)Suspended
implementation of national reporting systemThe Secretary
shall—
(A)suspend
implementation and terminate further development and use of the National
Reporting System; and
(B)incorporate, as
appropriate, recommendations from the study on Developmental Outcomes and
Assessments for Young Children by the National Academy of Sciences into any
assessment used in the Head Start programs, in accordance with paragraphs (2)
and (3).
(5)The use of assessment items and data on any assessment
authorized under this subchapter by an agent or agents of the Federal
Government to provide rewards or sanctions for individual children or teachers
is prohibited. The Secretary shall not use the results of a single assessment
as the sole or primary method for assessing program effectiveness or making
grantee funding determinations at the national, regional, or local
level.
(c)Monitoring of
Local Agencies and Programs
(1)To determine whether Head Start agencies meet standards
established under this subchapter with respect to program, administrative,
financial management, and other requirements and in order to help programs
identify areas for improvement and areas of strengths as part of an on-going
self-assessment process, the Secretary shall develop and use a risk-based
assessment system to conduct the following reviews of Head Start agencies, and
of the Head Start programs operated by such agencies:
(A)A full review of
each such agency at least once during each 3-year period.
(B)A review of each
newly designated Head Start agency immediately after the completion of the
first year such agency carries out a Head Start program.
(C)Followup reviews,
including unannounced reviews as appropriate, of programs with 1 or more
findings of deficiencies not later than 12 months after the date of such
finding.
(D)other reviews,
including unannounced site inspections of Head Start centers, as
appropriate.
(2)The Secretary shall ensure that reviews described in
subparagraphs (A) through (C) of paragraph (1)—
(A)are conducted by
review teams that—
(i)include
individuals who are knowledgeable about Head Start programs and, to the maximum
extent practicable, the diverse (including linguistic and cultural) needs of
eligible children (including children with disabilities) and limited-English
proficient children and their families; and
(ii)include, to the
maximum extent practicable, current or former employees of the Department of
Health and Human Services who are knowledgeable about Head Start
programs;
(B)include as part of
the reviews of the programs, a review and assessment of program strengths and
areas in need of improvement;
(C)include as part of
the reviews of the programs, a review and assessment of whether programs have
adequately addressed the population and community needs (including populations
of children with limited English proficiency and children of migrant and
seasonal farm-working families);
(D)include as part of
the review the extent to which the program addresses the community needs and
strategic plan identified in section 640(g)(2)(C);
(E)include as part of
the review the implementation by qualified individuals with demonstrated
reliability, of a valid and reliable research-based observational instrument
that assesses classroom quality, including multiple dimensions of teacher-child
interactions that are linked to positive child development and later
achievement;
(F)are conducted in a
manner that evaluates program performance, quality, and overall operations with
consistency and objectivity, and based on a transparent and reliable system of
review;
(G)in the case of
Early Head Start programs, are conducted by a review team that includes
individuals who are knowledgeable about the development of infants and
toddlers; and
(H)include as part of
the review a protocol for fiscal management that shall be used to assess the
compliance with program requirements for—
(i)using federal
funds appropriately;
(ii)using federal
funds specifically to purchase property and to compensate personnel;
(iii)securing and
using qualified fiscal officer support; and
(iv)reporting
financial information and implementing appropriate internal controls to
safeguard federal funds.
(3)The findings of the review shall, at a minimum—
(A)be presented to an
agency in a timely, transparent, and uniform manner that conveys information of
program strengths and weaknesses and assists with program improvement;
and
(B)be used by the
Head Start agencies to inform the development and implementation of their plan
for training and technical assistance.
(d)Evaluations and
Corrective Actions for Delegate Agencies
(1)The
Head Start agency shall establish procedures relating to its delegate agencies,
including—
(A)procedures for
evaluating delegate agencies;
(B)procedures for
defunding delegate agencies; and
(C)procedures for
appealing a defunding decision relating to a delegate agency.
(2)Each
Head Start agency—
(A)shall evaluate its
delegate agencies using the procedures established under this section;
and
(B)shall inform the
delegate agencies of the deficiencies identified through the evaluation that
are required to be corrected.
(3)Remedies to
ensure corrective actionsIf the Head Start agency identifies a
deficiency of a delegate agency through the evaluation, the Head Start agency
may—
(A)initiate
procedures to terminate the designation of the delegate agency unless such
agency corrects the deficiency; and
(B)conduct monthly
monitoring visits to such delegate agency until all deficiencies are corrected
or the Head Start agency decides to defund such delegate agency.
(4)Nothing in this subsection shall be construed to
modify, supersede, or affect the powers, duties, or functions of the Secretary
with respect to Head Start agencies or delegate agencies that receive financial
assistance under this subchapter.
(e)Corrective
Action; Termination
(1)If
the Secretary determines, on the basis of a review pursuant to subsection (c),
that a Head Start agency designated pursuant to section 641 fails to meet the
standards described in subsection (a) or fails to adequately address the
community needs and strategic plan identified in section 640(g)(2)(C), the
Secretary shall—
(A)inform the agency
of the deficiencies that shall be corrected;
(B)with respect to
each identified deficiency, require the agency—
(i)to
correct the deficiency immediately, if the Secretary finds that the deficiency
threatens the health or safety of staff or program participants or poses a
threat to the integrity of Federal funds;
(ii)to correct the
deficiency not later than 90 days after the identification of the deficiency if
the Secretary finds, in the discretion of the Secretary, that such a 90-day
period is reasonable, in light of the nature and magnitude of the deficiency;
or
(iii)in the
discretion of the Secretary (taking into consideration the seriousness of the
deficiency and the time reasonably required to correct the deficiency), to
comply with the requirements of paragraph (2) concerning a quality improvement
plan; and
(C)initiate
proceedings to terminate the designation of the agency unless the agency
corrects the deficiency.
(2)
(A)Agency and
program responsibilitiesTo retain a designation as a Head Start
agency under this subchapter, or in the case of a Head Start program to
continue to receive funds from such agency, a Head Start agency, or Head Start
program that is the subject of a determination described in paragraph (1)
(excluding an agency or program required to correct a deficiency immediately or
during a 90-day period under clause (i) or (ii) of paragraph (1)(B))
shall—
(i)develop in a
timely manner, a quality improvement plan that shall be subject to the approval
of the secretary, or in the case of a program, the sponsoring agency, and which
shall specify—
(I)the deficiencies
to be corrected;
(II)the actions to be
taken to correct such deficiencies; and
(III)the timetable
for accomplishment of the corrective actions specified; and
(ii)eliminate each
deficiency identified, not later than the date for elimination of such
deficiency specified in such plan (which shall not be later than 10 months
after the date the agency or program obtains approval of its quality
improvement plan).
(B)Secretarial
responsibilityNot later than 30 days after receiving from a Head
Start agency a proposed quality improvement plan pursuant to subparagraph (A),
the Secretary shall either approve such proposed plan or specify the reasons
why the proposed plan cannot be approved.
(C)Agency
responsibility for program improvementNot later than 30 days
after receiving from a Head Start program, a proposed quality improvement plan
pursuant to subparagraph (A), the Head Start agency shall either approve such
proposed plan or specify the reasons why the proposed plan cannot be
approved.
(3)Training and
technical assistanceThe Secretary shall provide training and
technical assistance to Head Start agencies and programs with respect to the
development or implementation of such quality improvement plans to the extent
the Secretary finds such provision to be feasible and appropriate given
available funding and other statutory responsibilities.
(f)Summaries of
Monitoring OutcomesNot later than 120 days after the end of each
fiscal year, the Secretary shall publish a summary report on the findings of
reviews conducted under subsection (c) and on the outcomes of quality
improvement plans implemented under subsection (e), during such fiscal year.
Such report shall be made available to all parents with children receiving
assistance under this subchapter in an understandable and uniform format, and
to the extent practicable, provided in a language that the parents can
understand, and in addition, make the information widely available through
public means such as distribution through public agencies, and at a minimum
posting such information on the Internet immediately upon publication. Such
reports shall contain detailed data on compliance with specific performance
standards and measures sufficient to allow individual Head Start agencies to
use such data to improve the quality of their program.
(g)
(1)Not less frequently than once each program year, with the
consultation and participation of policy councils, and as applicable, policy
committees, and as appropriate, other community members, each Head Start agency
and each delegate agency that receives financial assistance under this
subchapter shall conduct a comprehensive self-assessment of its effectiveness
and progress in meeting program goals and objectives (including professional
development plans) and in implementing and complying with Head Start program
performance standards.
(2)Report and
improvement plans
(A)An
agency conducting a self-assessment shall report the findings of the
self-assessment to the relevant policy council, policy committee, governing
body, and Secretary. Each self-assessment shall identify areas of strength and
weakness.
(B)The agency shall develop and report to the Secretary an
improvement plan approved by the governing body of the agency to strengthen any
areas identified in the self-assessment as weaknesses or in need of
improvement.
(3)Each Head Start agency, delegate Head Start agency,
and entity that carries out an Early Head Start program a shall establish and
implement procedures for the ongoing monitoring of their respective programs,
to ensure that the operations of the programs work toward meeting program goals
and objectives and Head Start performance standards.
(h)Enrollment
reporting requirement
(1)Head Start agencies
shall report on a regular basis to the Secretary—
(A)the actual
enrollment in such program; and
(B)if such actual
enrollment is less than the funded enrollment, any apparent reason for such
enrollment shortfall.
(2)The Secretary
shall determine on a regular basis which Head Start agencies are operating with
an actual enrollment that is less than the funded enrollment and shall provide
appropriate and timely training and technical assistance to increase actual
enrollment, as appropriate.
(3)In this
subsection:
(A)The term
actual enrollment
means, with respect to a Head Start program,
the actual number of children enrolled in such program in a given month.
(B)The term base grant
means,
with respect to Head Start agency for a fiscal year, that portion of the grant
derived from—
(i)amounts reserved
for use in accordance with section 640(a)(2)(A), for a Head Start agency
administering an Indian Head Start program or migrant and seasonal Head Start
program;
(ii)amounts reserved
for payments under section 640(a)(2)(B); or
(iii)amounts
available under section 640(a)(2)(D) or allotted among States under section
640(a)(4).
(C)The term
funded enrollment
means, with respect to the program of a Head
Start agency in a fiscal year, the number of children that the agency is funded
to serve through a grant for the program during such fiscal year, as indicated
in the grant award.
(i)Funds held by the Secretary as a result of recapturing,
withholding, or reducing a base grant, except when such action is the result of
an open competition 641(d)) or termination 646(d) shall be redistributed in
such fiscal year as follows:
(1)If such funds are
derived from an Indian Head Start program, then such funds shall be
redistributed to increase enrollment in such fiscal year in 1 or more Indian
Head Start programs.
(2)If such funds are
derived from the operation of a migrant and seasonal Head Start program, then
such funds shall be redistributed to increase enrollment in such fiscal year in
1 or more migrant and seasonal Head Start programs.
(3)If such funds are derived from the
operation of a Head Start program in a State (excluding Indian Head Start
program and migrant and seasonal Head Start programs), then such funds shall be
redistributed to increase enrollment in such fiscal year in 1 or more Head
Start programs (excluding Indian Head Start programs and migrant and seasonal
Head Start programs) that are carried out in such State, except that—
(A)not less than 50
percent of the funds shall be prioritized to increase the program participation
of children and families served under Early Head Start; and
(B)not less than 25
percent of the funds shall be prioritized to increase program participation of
underserved populations of eligible
children.
.
8.Powers and
functions of Head Start agenciesSection 642 of the of the
Head Start Act (42 U.S.C. 9837) is
amended to read as follows:
642.Powers and
functions of Head Start agencies
(a)To be designated as a Head Start agency under this
subchapter, an agency must have authority under its charter or applicable law
to receive and administer funds under this subchapter, funds and contributions
from private or local public sources which may be used in support of a Head
Start program, and funds under any Federal or State assistance program pursuant
to which a public or private nonprofit or for-profit agency (as the case may
be) organized in accordance with this subchapter, could act as grantee,
contractor, or sponsor of projects appropriate for inclusion in a Head Start
program. Such an agency must also be empowered to transfer funds so received,
and to delegate powers to other agencies, subject to the powers of its
governing board and its overall program responsibilities. The power to transfer
funds and delegate powers must include the power to make transfers and
delegations covering component projects in all cases where this will contribute
to efficiency and effectiveness or otherwise further program objectives.
(b)Family and
Community Involvement; Family ServicesTo be so designated, a
Head Start agency shall, at a minimum, do all the following to involve and
serve families and communities:
(1)Establish
effective procedures by which parents and area residents concerned will be
enabled to directly participate in decisions that influence the character of
programs affecting their interests.
(2)Seek the
involvement of parents, area residents, and local business in the design and
implementation of the program.
(3)Establish
effective procedures to facilitate and seek the involvement of parents of
participating children in activities designed to help such parents become full
partners in the education of their children, and to afford such parents the
opportunity to participate in the development and overall conduct of the
program at the local level, including a process through which parents of
children currently participating in a Head Start program or an Early Head Start
program select the parent representatives to serve on the council under section
642(b)(4)(B)(ii).
(4)Offer (directly or
through referral to local entities, such as entities carrying out Even Start
programs under subpart 3 of part B of title I of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 2741 et seq.)), to parents of participating
children, family literacy services and parenting skills training.
(5)Offer to parents
of participating children mental health services (either directly or through
referral to local entities), including substance abuse counseling, and
including information on maternal depression and on drug-exposed infants and
fetal alcohol syndrome.
(6)At the option of
such agency, offer (directly or through referral to local entities) to such
parents—
(A)training in basic
child development (including cognitive, social, and emotional
development);
(B)assistance in
developing literacy and communication skills;
(C)opportunities to
share experiences with other parents (including parent-mentor
relationships);
(D)mental and
behavioral health services;
(E)regular in-home
visitation; or
(F)any other activity
designed to help such parents become full partners in the education of their
children.
(7)Provide, with
respect to each participating family, a family needs assessment that includes
consultation with such parents about the benefits of parent involvement and
about the activities described in paragraphs (5) through (8) in which such
parents may choose to be involved (taking into consideration their specific
family needs, work schedules, and other responsibilities).
(8)Consider providing
services to assist younger siblings of children participating in its Head Start
program to obtain health services from other sources.
(9)Perform community
outreach to encourage individuals previously unaffiliated with Head Start
programs to participate in its Head Start program as volunteers.
(10)(A)Inform custodial parents
in single-parent families that participate in programs, activities, or services
carried out or provided under this subchapter about the availability of child
support services for purposes of establishing paternity and acquiring child
support; and
(B)Refer eligible parents to the child
support offices of State and local governments.
(11)Provide parents
of limited English proficient children outreach and services under this
subchapter, in an understandable and uniform format and, to the extent
practicable, in a language that such parents can understand.
(12)Provide technical
and other support needed to enable parents and area residents to secure on
their own behalf available assistance from public and private sources.
(13)Promote the
continued involvement of the parents (including grandparents and kinship
caregivers, as appropriate) of children that participate in Head Start programs
in the education of their children upon transition to school, the Head Start
agency shall work with the local educational agency—
(A)to provide training
to the parents;
(i)to
inform the parents about their rights and responsibilities concerning the
education of their children; and
(ii)to
enable the parents—
(I)to understand and
work with schools in order to communicate with teachers and other school
personnel;
(II)to support the
schoolwork of their children; and
(III)to participate
as appropriate in decisions relating to the education of their children;
and
(B)to take other
actions, as appropriate and feasible, to support the active involvement of the
parents with schools, school personnel, and school-related
organizations.
(14)Provide parents of a child suspected of
having a disability information about services available under part C or
section 619 of the Individuals With Disabilities Act (20 U.S.C. 1419, 1431 et
seq.) and refer such child to the appropriate agency for an evaluation of
eligibility under such Act.
(c)Head Start agencies must establish and maintain a
formal structure of shared governance through which an independent governing
body with legal and fiscal responsibility for administering and overseeing
programs under this subchapter and a parent policy council and parent policy
committee, as appropriate, shall ensure that such agency operates a high
quality Head Start program in compliance with all applicable Federal, State,
and local laws.
(1)
(A)The
governing body shall be composed as follows:
(i)Not less than 1 member with significant
financial management or accounting experience.
(ii)Not less than 1
member shall have a background and expertise in early childhood
development.
(iii)Not less than 1
member shall be a licensed attorney familiar with issues that come before the
governing body.
(iv)Additional
members shall be selected for their expertise in education, business
administration, and community affairs and shall reflect the community
served.
(v)Exceptions shall be
made when members of the governing body oversee a public entity and are
selected by public election or are political appointments.
(B)Members of the governing body shall—
(i)not have a
conflict of interest with the Head Start agency or delegate agencies,
exceptions shall be made when a board member of a public entity is selected by
election or politically appointed;
(ii)not receive
compensation for the purposes of serving on the governing body or for providing
services to the Head Start agency, exceptions shall be made when a board member
of a public entity is selected by election or politically appointed;
(iii)not be employed
nor shall members of their immediate family be employed by the Head Start
agency or one of its delegate agencies, exceptions shall be made when a board
member of a public entity is selected by election or politically appointed;
and
(iv)operate as an
entity independent of staff employed by the Head Start agency entity or
applicant, exceptions shall be made when a board member of a public entity is
selected by election or politically appointed.
(C)In
the case that persons described in subparagraph (A) are not available to serve
as members, the governing body shall make use of consultants in the areas
described in subparagraph (A) to work directly with the governing body.
(D)All
members of the governing body shall receive training in management
responsibilities and obligations, ethics, and financial literacy
management.
(E)Responsibilities
of governing bodyThe governing body shall be responsible
for—
(i)adoption of
practices that assure active, independent and informed governance of the Head
Start agency;
(ii)oversight to
ensure that the Head Start agency under the direction of the executive director
is delivering high quality services to children and families in compliance with
all applicable standards in effect under this subchapter and with the
applicable performance measures established by the Secretary under section
644;
(iii)establish an
audit and finance committee whose primary responsibility shall be—
(I)to approve
annually the operating budget of the Head Start agency;
(II)to review and
recommend to the governing body the selection of independent auditors who shall
report all critical accounting policies and practices to the finance and audit
committee, except when the auditor is assigned by the State under State
law;
(III)to review and
recommend to the governing body the termination or extension of the existing
audit firm at least once every 5 years;
(IV)to review and
advise the governing body of the audit management letter provided pursuant to
the chapter 75 of title 31, United States Code, and of any audit findings;
and
(V)to monitor agency
actions to correct any such audit findings or other actions necessary to comply
with applicable laws (including regulations) governing financial statements and
accounting practices;
(iv)approve all major
policies of the agency, including the mission of the agency and policies
addressing accounting, financial management, procurement, record
confidentiality, and personnel (including specific standards governing
salaries, salary adjustments, travel and per diem allowances, and other
employee benefits);
(v)approve all major
financial expenditures of the agency;
(vi)approve the
selection or dismissal of the Head Start Director or the equivalent position
within the Head Start agency;
(vii)approve or
disapprove all policies, applications, and decisions of the Policy Council made
under the authority of paragraph (2);
(viii)to oversee the
program planning of the Head Start agency, including adoption of policies for
setting long- and short-range goals and objectives;
(ix)oversee and
approve the agency’s applications to receive funds made available under this
subchapter; and
(x)to
establish, adopt and periodically update written standards of conduct that
establish standards and formal procedures for disclosing, addressing, and
resolving—
(I)any conflict of
interest, and any appearance of a conflict of interest, by members of the
governing body, officers, employees, consultants and agents who provide
services or furnish goods to the Head Start agency; and
(II)complaints,
including investigations, when appropriate.
(2)
(A)The
Policy Council or Policy Committee, as appropriate, shall be composed as
follows:
(i)Members of the
Policy Council shall be either parents of children currently enrolled in the
Head Start agency’s (or delegate’s) Head Start or Early Head Start program or
that are parents of children who were enrolled in the program in the previous
year (Parent Members) or shall be members of the community served by the Head
Start agency or delegate (Community Members).
(ii)Parent members of
the Policy Council shall constitute a majority of the members of the Policy
Council and shall be elected by parents of currently enrolled children.
(iii)Parent members
shall represent, proportionately, all program options and settings operated by
the Head Start agency or delegate.
(iv)The term of a
Policy Council member shall be no more than 2 years and no Policy Council
member shall serve longer than 6 years.
(B)Responsibilities
of policy councilIn order to be designated as a Head Start
agency, an entity or delegate of such an entity shall have a Policy Council
which shall approve and submit to the governing body decisions about the
following activities:
(i)The strategic
direction of the program, including long and short-term planning goals and
objectives (such planning and goals shall take into account the annual
community assessment and self-assessment).
(ii)Selection of
delegate agencies and their service areas.
(iii)Recruitment,
selection and enrollment priorities.
(iv)Funding
applications and amendments to funding applications for Head Start or Early
Head Start prior to submission of such applications.
(v)Budget planning
for program expenditures.
(vi)Bylaws for the
operation of the Policy Council including procedures by which Policy Council
members are chosen.
(vii)Program personnel
policies, including standards of conduct for program staff, contractors and
volunteers.
(viii)Decisions
regarding employment of Head Start staff other than the director and executive
director.
(ix)Activities to
support the active involvement of parents in supporting program
operations.
(x)Program
responsiveness to community and parent needs.
(C)Appropriate
training and technical assistance shall be provided to the members of the
Policy Council to ensure that the members understand the information the
members receive and effectively oversee and participate in the programs of the
Head Start agency or delegate.
(3)The Secretary shall develop policies and procedures
describing how Head Start agencies will implement shared decision-making,
including a process for resolving any impasse between the Governing Body and
the Policy Council.
(d)Collaboration
and CoordinationTo be so designated, a Head Start agency must
collaborate and coordinate with public and private entities to improve the
available services to Head Start children and families, including the following
activities:
(1)Conduct outreach
to schools in which children participating in Head Start programs enroll, local
educational agencies, the local business community, community-based
organizations, faith-based organizations, museums, and libraries to generate
support and leverage the resources of the entire local community in order to
improve school readiness.
(2)In communities
where both public prekindergarten programs and Head Start programs operate, a
Head Start agency shall collaborate and coordinate activities with the local
educational agency or other public agency responsible for the operation of the
prekindergarten program and providers of prekindergarten, including outreach
activities to identify eligible children, as possible.
(3)Head Start agency
staff shall, with the permission of the parents of children enrolled in Head
Start programs, regularly communicate with the elementary schools such children
will be attending—
(A)to share
information about such children; and
(B)to ensure a smooth
transition to elementary school for such children.
(4)Each Head Start
agency shall collaborate, as appropriate, with providers of social and
community services available to children and families participating in Head
Start programs, and may support such partnerships with financial agreements,
when applicable, for the provision of such services.
(5)A Head Start
agency shall take steps to coordinate activities with the local educational
agency serving the community involved and with schools in which children
participating in a Head Start program operated by such agency will enroll
following such program, including—
(A)collaborating on
the shared use of transportation and facilities;
(B)collaborating to
enhance the efficiency of services while increasing the program participation
of underserved populations of eligible children; and
(C)exchanging
information on the provision of noneducational services to such
children.
(6)The Secretary, in
consultation with the Secretary of Education, shall—
(A)evaluate the
effectiveness of the projects and activities funded under section 642A;
(B)disseminate to Head
Start agencies information (including information from the evaluation required
by subparagraph (A)) on effective policies and activities relating to the
transition of children from Head Start programs to public schools; and
(C)provide technical
assistance to such agencies to promote and assist such agencies to adopt and
implement such effective policies and activities.
(e)Quality
Standards, Curricula and AssessmentTo be so designated, each
Head Start agency shall—
(1)take steps to
ensure, to the maximum extent possible, that children maintain the
developmental and educational gains achieved in Head Start programs and build
upon such gains in further schooling;
(2)establish a
program with standards set forth in section 641A(a)(1), with particular
attention to the standards set forth in subparagraphs (A) and (B) of such
section;
(3)implement a
research-based early childhood curriculum that promotes young children’s school
readiness in the areas of language and cognitive development, early reading and
premathematics skills, socio-emotional development, physical development, and
approaches to learning. Such curricula shall be—
(A)based on scientifically based research and
have standardized training procedures and curriculum materials to support
implementation;
(B)comprehensive, linked to ongoing
assessment, with developmental and learning goals and measurable objectives;
and focused on improving the learning environment, teaching practices, family
involvement, and child outcomes across all areas of development; and
(C)aligned to the Head Start Child Outcomes
Framework developed by the Secretary and to State early learning standards, as
appropriate;
(4)use ongoing,
research-based assessment methods that are developmentally appropriate,
culturally and linguistically responsive, and tied to children’s daily
activities in order to support the educational instruction of children in the
program, including language skills, prereading knowledge and premathematics
knowledge. Assessment instruments shall be those designed and validated for
making decisions about teaching and learning and aligned with the programs
curricula and section 641A(a)(1);
(5)use high-quality
research-based developmental screening tools that have been demonstrated to be
standardized, reliable, valid, and accurate for children from a range of
racial, ethnic, linguistic, and cultural backgrounds, for the purpose of
meeting the relevant performance standards;
(6)adopt, in
consultation with experts in child development and with classroom teachers, an
assessment to be used when hiring or evaluating any classroom teacher in a
center-based Head Start program. Such assessment shall measure whether such
teacher has mastered the functions described in section 648A(a)(1) and attained
a level of literacy appropriate to implement Head Start curricula;
(7)use the
information provided from the assessment conducted under section 640A(C)(2)(H)
to adopt a professional development plan that leads to improved teacher
effectiveness; and
(8)establish
measurable objectives for the provision of health, educational, nutritional,
and social services related to the program mission and to school readiness and
provided under this subchapter.
(f)Funded
enrollment; waiting listEach Head Start agency shall enroll 100
percent of its funded enrollment and maintain an active waiting list at all
times with ongoing outreach to the community and activities to identify
underserved populations.
(g)Technical
assistance and training planIn order to receive funds under this
subchapter, a Head Start agency shall develop an annual technical assistance
and training plan. Such plan shall be based on the agency’s self-assessment,
the community-wide needs assessment, the needs of parents and children to be
serviced by such agency, and the results of the reviews conducted under section
641A(c).
(h)In order to receive funds under this subchapter, a
Head Start agency shall document strong fiscal controls, including the
employment of well-qualified fiscal staff with a history of successful
management of a public or private
organization.
.
9.Head start
transition and alignment with k-12 educationSection 642A of the of the
Head Start Act (42 U.S.C. 9837a) is
amended to read as follows:
642A.Head Start
transition and alignment with k-12 educationEach Head Start agency shall take steps to
coordinate with the local educational agency serving the community involved and
with schools in which children participating in a Head Start program operated
by such agency will enroll following such program to promote continuity of
services and effective transitions, including—
(1)developing and
implementing a systematic procedure for transferring, with parental consent,
Head Start program records for each participating child to the school in which
such child will enroll;
(2)establishing
ongoing channels of communication between Head Start staff and their
counterparts in the schools (including teachers, social workers, McKinney-Vento
liaisons as established under section 722 (g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and health staff) to
facilitate coordination of programs;
(3)establish on-going
communication for developing continuity of developmentally appropriate
curricula between Head Start and local educational agencies to ensure an
effective transition and appropriate shared expectations for children’s
learning and development as they make such transition to school;
(4)organizing and
participating in joint training, including transition-related training for
school staff and Head Start staff;
(5)conducting
meetings involving parents, kindergarten or elementary school teachers, and
Head Start program teachers to discuss the educational, developmental, and
other needs of individual children;
(6)developing and
implementing a family outreach and support program in cooperation with entities
carrying out parental involvement efforts under title I of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) and family outreach and support
efforts under subtitle B of title VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11431–11435);
(7)assisting
families, administrators, and teachers in enhancing educational and
developmental continuity and continuity in parental involvement activities
between Head Start services and elementary school classes;
(8)linking the
services provided in such Head Start program with the education services,
including services relating to language, literacy, and numeracy, provided by
such local educational agency;
(9)helping parents
(including grandparents and kinship caregivers, as appropriate) to understand
the importance of parental involvement in a child’s academic success while
teaching them strategies for maintaining parental involvement as their child
moves from Head Start to elementary school;
(10)developing and
implementing a system to increase program participation of underserved
populations of eligible children; and
(11)coordinating
activities and collaborating to ensure that curricula used in the Head Start
program are aligned with—
(A)the Head Start
Child Outcomes Framework as developed by the Secretary; and
(B)State early
learning standards, as appropriate, with regard to cognitive, social,
emotional, and physical competencies that children entering kindergarten are
expected to
demonstrate.
.
10.Local and State
integration of early childhood educationThe Head Start
Act (42 U.S.C. 9831) is amended by inserting after section 642A the
following:
642B.Local and
State integration of early childhood education
(a)In general, Head Start agencies shall enter into
ongoing partnerships with local educational agencies and with State-funded
preschool and other early childhood programs.
(1)Memoranda of
understandingEach Head Start agency shall enter into a
memorandum of understanding with any local educational agencies or local
councils, responsible for managing publicly funded prekindergarten programs in
the service area of the Head Start agency (or if such agencies and such
councils are not applicable in the service area, with the largest provider of
publicly funded prekindergarten in the service area), that shall include plans
to coordinate the following activities:
(A)Educational
activities, curricula, and instruction.
(B)Public information
dissemination and access to programs for families contacting any of the early
childhood programs.
(C)Selection
priorities for eligible children to be served by programs.
(D)Service delivery
areas.
(E)Staff training,
including opportunities for joint staff training on topics such as academic
content standards, instructional methods, and social and emotional
development.
(F)Program technical
assistance.
(G)Provision of
additional services to meet the needs of working parents.
(H)Planning and
parent education for smooth transitions to kindergarten as required in section
642A(3) and 642A(6).
(I)Provision and use
of facilities, transportation, and other program elements.
(J)Other elements
mutually agreed to by the parties to such memorandum.
(2)Each Head Start agency shall enter into a memorandum of
understanding under paragraph (1) not later than 1 year after the effective
date of this section.
(3)Each memorandum of understanding entered into under
paragraph (1) shall be submitted to the Secretary not later than 30 days after
entering into such memorandum.
(A)If a Head Start
agency is unable to comply with the requirement in paragraph (1) the Head Start
agency shall notify the Secretary and the chief executive officer of the State
not later than 30 days after determining that they are unable to enter into
such memorandum. The Secretary, in cooperation with the State Early Learning
Council and the State Director of Head Start Collaboration, shall evaluate the
causes of failure to enter into a memorandum of understanding under paragraph
(1). With the assistance of the State Early Learning Council and the State
Director of Head Start Collaboration, all parties shall again attempt to enter
into a memorandum of understanding under paragraph (1). Then if no such
memorandum of understanding is entered into, the Secretary shall make 1 of the
following determinations:
(i)The local
educational agency, local council, or other appropriate entity is unable or
unwilling to enter into such a memorandum despite reasonable efforts on the
part of the Head Start agency.
(ii)The Head Start
agency has not engaged in reasonable efforts to successfully negotiate and
enter into a memorandum of understanding pursuant to paragraph (1).
(iii)There is an
absence of publicly funded prekindergarten in the service area of the Head
Start agency.
(B)If the Secretary
determines the Head Start agency is not making reasonable efforts to enter into
a memorandum of understanding pursuant to paragraph (1), the Head Start agency
shall be found to be noncompliant with program performance standards.
(C)If the Secretary
concludes that the local educational agency, local council, or other
appropriate entity is not making reasonable efforts to reach such a memorandum
of understanding, the Head Start agency shall not be found out of compliance
with paragraph (1).
(4)Each memorandum of understanding shall be revised and
renewed annually by the parties to such memorandum, in alignment with the
beginning of the school year.
(5)Absence of
prekindergartenIn the absence of publicly funded prekindergarten
in the service area of a Head Start agency, the Head Start agency shall submit
notice to the Secretary and the chief executive officer of the State and shall
work with the State Early Learning Council and the State Director of Head Start
Collaboration to improve coordination in their service area.
(b)State early
learning councilsFrom the
amounts reserved under section 640(a)(2)(C)(iii), the Secretary shall award,
upon submission of a written request and pursuant to the requirements of
paragraph (2), an early learning collaboration grant to each State for the
purposes of supporting a State Early Learning Council responsible for advancing
the development of a coordinated early childhood services delivery system in
the State. A State that receives a grant under this subparagraph shall—
(1)establish a State
Early Learning Council, which shall include—
(A)the State Director
of Head Start Collaboration;
(B)representatives
from the State preschool programs;
(C)representatives of
local educational agencies;
(D)the State official
who oversees child care programs;
(E)the State official
who oversees section 619 and part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.);
(F)the State official
who oversees the State educational agency;
(G)representatives
from Head Start agencies located in the State, including migrant and seasonal
Head Start programs and Indian Head Start programs;
(H)representatives of
local child care programs or organizations; and
(I)a representative
of the State agency responsible for health and mental health care;
except
that the chief executive officer of the State may designate an existing entity
to serve as the Early Learning Council if such entity includes representatives
described in this paragraph;(2)ensure that
allotted funds distributed to a State for a fiscal year to carry out this
subsection may be used by the State to pay not more than 50 percent of the cost
of carrying out this subsection;
(3)direct the early learning council to
improve the coordination and quality of early childhood services within the
State, including—
(A)to increase
coordination and collaboration among State preschool, Head Start programs,
child care programs, early childhood special education, and other early
childhood programs, including in the areas of outcomes and standards, technical
assistance, coordination of services, cross-sector professional development and
training, community outreach, communication, and better serving the needs of
working families through provision of full-day and full-year early education
services;
(B)to work with State
agencies responsible for education, child care, and early intervention to
provide leadership and assistance to local Head Start programs, local education
agencies, and State and locally funded preschool and child care programs to
increase integration among early childhood programs through adoption of local
memoranda of understanding described in subparagraph (A) and other
means;
(C)to work with State
agencies responsible for education, child care, and early intervention to
provide leadership and assistance to develop developmentally appropriate
standards for children birth through the early elementary grades to effect a
smooth transition to and success in the early elementary grades;
(D)to develop or
conduct periodic Statewide needs assessments concerning early care and
education programs for children from birth to school entry;
(E)to work to identify
and address barriers to and opportunities for integration between entities
carrying out Federal and State child development, child care, and early
childhood education programs;
(F)to develop
recommendations regarding means of establishing a unified data collection
system for early care and education programs operating throughout the
State;
(G)to address
coordination of early learning programs with health care (including mental and
behavioral health care), welfare, family literacy and services for homeless
children;
(H)to support a State
system of early childhood education, and training and technical assistance that
improves the quality of early learning programs and the capacity of such
programs to deliver services pursuant to section 648(b);
(I)to develop a plan
for increasing the participation of children underrepresented in State early
childhood education and child care programs, including Head Start, State
preschool programs, and programs carried out under the
Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.);
(J)developing a
Statewide professional development and career ladder plan for early care and
education in the State; and
(K)assisting 2- and
4-year public and private institutions of higher education to develop
articulation agreements concerning degrees in early childhood and related
fields.
(4)Nothing in this
subsection shall be construed to provide the Early Learning Council with
authority to modify, supersede, or affect the operation of this
subchapter.
(5)Funds made
available under this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be expended to carry
out the purposes of this
section.
.
11.Administrative
requirements and standardsSection 644 of the of the
Head Start Act (42 U.S.C. 9839) is
amended—
(1)by amending
subsection (a) to read as follows:
(a)
(1)Each
Head Start agency shall observe standards of organization, management, and
administration which will ensure, so far as reasonably possible, that all
program activities are conducted in a manner consistent with the purposes of
this subchapter and the objective of providing assistance effectively,
efficiently, and free of any taint of partisan political bias or personal or
family favoritism. Each such agency shall establish or adopt rules to carry out
this section, which shall include rules to assure full staff accountability in
matters governed by law, regulations, or agency policy. Each agency shall also
provide for reasonable public access to information, including public hearings
at the request of appropriate community groups and reasonable public access to
books and records of the agency or other agencies engaged in program activities
or operations involving the use of authority or funds for which it is
responsible.
(2)Each Head Start agency shall make available to the public
a report published at least once in each fiscal year that discloses the
following information from the then most recently concluded fiscal year, except
that reporting such information shall not reveal personally identifiable
information about an individual child or parent:
(A)The total amount
of public and private funds received and the amount from each source.
(B)An explanation of
budgetary expenditures and proposed budget for the following fiscal
year.
(C)The total number of
children and families served and percent of average monthly enrollment,
including the percent of eligible children served.
(D)The results of the
most recent review by the Secretary and the financial audit.
(E)The percentage of
enrolled children that received medical and dental exams.
(F)Information about
parent involvement activities.
(G)The agency’s
efforts to prepare children for kindergarten.
(H)Any other
information required by the Secretary.
(3)Each such agency shall adopt for itself and other
agencies using funds or exercising authority for which it is responsible, rules
designed to—
(A)establish specific
standards governing salaries, salary increases, travel and per diem allowances,
and other employee benefits;
(B)assure that only
persons capable of discharging their duties with competence and integrity are
employed and that employees are promoted or advanced under impartial procedures
calculated to improve agency performance and effectiveness;
(C)guard against
personal or financial conflicts of interest; and
(D)define employee
duties in an appropriate manner which will in any case preclude employees from
participating, in connection with the performance of their duties, in any form
of picketing, protest, or other direct action which is in violation of
law.
,
and
(2)by amending
subsection (f) to read as follows:
(f)
(1)The Secretary
shall establish uniform procedures for Head Start agencies to request approval
to purchase facilities, or to request approval of the purchase (after December
31, 1986) of facilities, to be used to carry out Head Start programs. The
Secretary shall suspend any proceedings pending against any Head Start agency
to claim costs incurred in purchasing such facilities until the agency has been
afforded an opportunity to apply for approval of the purchase and the Secretary
has determined whether the purchase will be approved. The Secretary shall not
be required to repay claims previously satisfied by Head Start agencies for
costs incurred in the purchase of such facilities.
(2)Financial
assistance provided under this subchapter may not be used by a Head Start
agency to purchase a facility (including paying the cost of amortizing the
principal and paying interest on loans) to be used to carry out a Head Start
program unless the Secretary approves a request that is submitted by such
agency and contains—
(A)a description of
the consultation conducted by the Head Start agency with the providers in the
community demonstrating capacity and capability to provide services under this
subchapter, and of the potential for collaboration with such providers and the
cost effectiveness of such collaboration as opposed to the cost effectiveness
of the purchase of a facility;
(B)a description of
the site of the facility proposed to be purchased or that was previously
purchased;
(C)the plans and
specifications of such facility;
(D)information
demonstrating that—
(i)the proposed
purchase will result, or the previous purchase has resulted, in savings when
compared to the costs that would be incurred to acquire the use of an
alternative facility to carry out such program; or
(ii)the lack of
alternative facilities will prevent, or would have prevented, the operation of
such program;
(E)in the case of a
request regarding a previously purchased facility, information demonstrating
that the facility will be used principally as a Head Start center, or a direct
support facility for a Head Start program; and
(F)such other
information and assurances as the Secretary may require.
(3)Upon a
determination by the Secretary that suitable facilities are not otherwise
available to Indian tribes to carry out Head Start programs, and that the lack
of suitable facilities will inhibit the operation of such programs, the
Secretary may authorize the use of financial assistance, from the amount
reserved under section 640(a)(2)(A), to make payments for the purchase of
facilities owned by such tribes. The amount of such a payment for such a
facility shall not exceed the fair market value of the
facility.
.
12.Participation in
Head Start programsSection
645 of the of the Head Start Act (42
U.S.C. 9840) is amended—
(1)in
subsection (a)—
(A)by amending
paragraph (1)(B)(i) to read as follows:
(i)programs assisted
under this subchapter may include, to a reasonable extent, participation of
children in the area served who would benefit from such programs, including
children referred by child welfare services, but whose families do not meet the
low-income criteria prescribed pursuant to subparagraph (A) (A homeless child
shall be deemed to meet the low-income criteria.);
and
,
and
(B)by adding at the
end the following:
(3)The amount of a basic allowance
provided under section 403 of title 37, United States Code, on behalf of an
individual who is a member of the uniformed services for housing that is
acquired or constructed under the authority of subchapter IV of chapter 169 of
title 10, United States Code, or any other related provision of law, shall not
be considered to be income for purposes of determining the eligibility of a
child of the individual for programs assisted under this subchapter.
(4)(A)Upon written request and
pursuant to the requirements of this paragraph, a Head Start agency may use
funds under section 640(a) to serve infants and toddlers if the agency submits
an application to the Secretary containing the following information, as
specified in rules issued by the Secretary—
(i)the amount of funds under section
640(a) that are proposed to be used in accordance with section 645A(b);
(ii)a community-wide needs assessment
demonstrating how the use of such funds would best meet the needs of the
community;
(iii)a description of how the needs of
pregnant women, and of infants and toddlers, will be addressed in accordance
with section 645A(b), and with regulations prescribed by the Secretary pursuant
to section 641A in areas including the agency’s approach to child development
and provision of health services, approach to family and community
partnerships, and approach to program design and management;
(iv)a description of how the needs of
eligible Head Start children will be met in the community;
(v)assurances that the agency will
participate in technical assistance activities (including a planning period,
start-up site visits, and national training activities) in the same manner as
recipients of grants under section 645A; and
(vi)evidence that the agency meets the
same eligibility criteria as recipients of grants under section 645A.
(B)An application that satisfies the
requirements specified in subparagraph (A) shall be approved by the Secretary
unless the Secretary finds that—
(i)the agency lacks adequate capacity
and capability to carry out an effective Early Head Start program; or
(ii)the information provided under
subparagraph (A) is inadequate.
(C)Any Head Start agency approved under
subparagraph (B) shall be considered to be an Early Head Start agency and such
funds under (i) shall be subject to the same rules, regulations, and conditions
as apply to recipients of grants under section
645A.
,
(2)in subsection (c)
by striking (age 3 to compulsory school attendance)
, and
(3)in subsection (d)
by adding at the end the following:
(4)Notwithstanding any other provision
of this Act, an Indian tribe that operates both a Head Start program and an
Early Head Start program under section 645A may, at its discretion, at any time
during the grant period involved, reallocate funds between the Head Start
program and the Early Head Start program in order to address fluctuations in
client population, including pregnant women and children birth to compulsory
school age. The reallocation of such funds between programs by an Indian tribe
shall not serve as the basis for the Secretary to reduce a base grant (as
defined in section 641A(g)(1)) for either program in succeeding
years.
.
13.Early Head Start
programsSection 645A is
amended to read as follows:
645A.Early Head
Start programs for families with children under 3 years of age
(a)The Secretary shall make grants, in accordance with this
section for programs (to be known as Early Head Start programs
)
that provide 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 ProgramsIn 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 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 formal
linkages with local Head Start programs in order to provide for continuity of
services for children and families;
(7)in the case of a
Head Start agency that operates a program and that also provides Head Start
services through the age of mandatory school attendance, ensure that children
and families participating in the program receive such services through such
age;
(8)ensure formal
linkages with the agencies and entities described in section 644(b) of the
Individuals with Disabilities Education Act (20 U.S.C. 1444(b)) and providers
of early intervention services for infants and toddlers with disabilities under
the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and
the agency responsible for administering section 106 of the
Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a);
(9)develop and
implement a systematic procedure for transitioning children and parents from an
Early Head Start program under this section into a Head Start program or other
local early childhood education program;
(10)establish
channels of communication between staff of Early Head Start programs under this
section and staff of Head Start programs or other local early childhood
education programs, to facilitate the coordination of programs; and
(11)meet such other
requirements concerning design and operation of the program described in
subsection (a) as the Secretary may establish.
(c)Persons Eligible
To ParticipatePersons who may participate in programs described
in subsection (a) include—
(1)pregnant women;
and
(2)families with
children under age 3;
who meet
the income criteria specified for families in section 645(a)(1).(d)Eligible Service
ProvidersTo be eligible to receive assistance under this
section, an entity shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may require.
Entities that may apply to carry out activities under this section
include—
(1)entities operating
Head Start programs under this subpart;
(2)Indian Head Start
programs; and
(3)other public
entities, and nonprofit or for-profit private entities, including
community-based and faith-based organizations, capable of providing child and
family services that meet the standards for participation in programs under
this subchapter and meet such other appropriate requirements relating to the
activities under this section as the Secretary may establish.
(e)Selection of
Grant RecipientsFrom the portion specified in section 640(a)(6),
the Secretary shall award grants under this subsection on a competitive basis
to applicants meeting the criteria specified in subsection (d) (giving priority
to entities with a record of providing early, continuous, and comprehensive
childhood development and family services).
(f)In
awarding grants to eligible applicants under this section, the Secretary
shall—
(1)ensure an
equitable national geographic distribution of the grants; and
(2)award grants to
applicants proposing to serve communities in rural areas and to applicants
proposing to serve communities in urban areas.
(g)Monitoring,
Training, Technical Assistance, and Evaluation
(1)To
ensure the successful operation of programs assisted under this section, the
Secretary shall use funds from the portion specified in section 640(a)(6) to
monitor the operation of such programs, evaluate their effectiveness, and
provide training and technical assistance tailored to the particular needs of
such programs.
(2)Training and
technical assistance account
(A)Of the amount made available to carry out this section
for any fiscal year, not less than 5 percent and not more than 10 percent shall
be reserved to fund a training and technical assistance account.
(B)Funds
in the account may be used by the Secretary for purposes including—
(i)making grants to,
and entering into contracts with, organizations with specialized expertise
relating to infants, toddlers, and families and the capacity needed to provide
direction and support to a national training and technical assistance system,
in order to provide such direction and support;
(ii)providing ongoing
training and technical assistance for regional and program staff charged with
monitoring and overseeing the administration of the program carried out under
this section;
(iii)providing
ongoing training and technical assistance for existing recipients (as of the
date of such training or assistance) of grants under subsection (a) and support
and program planning and implementation assistance for new recipients of such
grants;
(iv)providing
professional development and personnel enhancement activities, including the
provision of funds to recipients of grants under subsection (a) for the
recruitment and retention of qualified staff with an appropriate level of
education and experience; and
(v)providing
professional development designed to increase program participation for
underserved populations of eligible children.
(h)The Secretary shall ensure that, not later than September
30, 2009, all teachers providing direct services to children and families
participating in early Head Start programs located in early Head Start centers
have a minimum of a child development associate credential, and have been
trained (or have equivalent course work) in early childhood
development
.
14.Parental consent
requirement for health care servicesThe Head Start
Act (42 U.S.C. 9831) is amended by inserting after section 645A the
following:
645B.Parental
consent requirement for health care services
(a)For
purposes of this section:
(1)The term
health care service includes—
(A)any nonemergency
intrusive physical examination; and
(B)any screening,
including but not limited to, a medical, dental, developmental, mental health,
social, or behavioral screening.
(2)The term
nonemergency intrusive physical examination means, with respect to
a child, a physical examination that—
(A)is not immediately
necessary to protect the health or safety of such child, or the health or
safety of another individual; and
(B)includes incision
or is otherwise invasive, or includes exposure of private body parts.
(b)Before
administering any health care service to a child (or referring a child to
obtain such service) in connection with participation in a program under this
subchapter, a Head Start agency and an entity that receives assistance under
section 645A shall obtain the written consent of a parent of such child
indicating consent for each specific health care service to be
performed.
(c)
(1)Nothing in this
section shall be construed to prohibit a Head Start agency or an entity that
receives assistance under section 645A from using established methods for
handling cases of suspected or known child abuse and neglect, that are in
compliance with applicable Federal, State, or tribal law.
(2)Nothing in this
subchapter shall be construed to permit a Head Start agency, an entity that
receives assistance under section 645A, or the personnel of such agency or
entity to administer any health care service to a child (or to refer a child to
obtain such service) without the informed written consent of a parent of such
child indicating consent for each specific health care service to be
performed.
(3)Nothing in this
section shall be construed to require a Head Start agency or an entity that
receives assistance under section 645A to provide separate consent forms for
each specific health care
service.
.
15.Appeals, notice,
and hearingSection 646(a)(3)
of the of the Head Start Act (42
U.S.C. 9841(a)(3)) is amended to read as follows:
(3)if financial
assistance under this subchapter is terminated or reduced, an application for a
noncompeting continuation award is denied based on a previous failure to comply
with terms applicable to financial assistance previously provided under this
subchapter, or suspension of financial assistance is continued for more than 30
days, the recipient with respect to whom such action is taken shall have the
opportunity to appeal such action in accordance with such procedures, except
that no funds made available under this subchapter may be used to reimburse any
such recipient for legal fees and other costs incurred in pursuing such an
appeal.
.
16.Section 647 of the Head
Start Act (42 U.S.C. 9842) by adding at the end the following:
(d)Each recipient of financial assistance
under this subchapter shall—
(1)maintain, and
annually submit to the Secretary, a complete accounting of its administrative
expenses (including a detailed statement identifying the amount of financial
assistance provided under this subchapter used to pay expenses for salaries and
compensation and the amount (if any) of other funds used to pay such
expenses);
(2)within 30 days
after the completion of an audit conducted in the manner and to the extent
provided in chapter 75 of title 31, United States Code (commonly known as the
Single Audit Act Amendments of 1996
), submit to the Secretary a
copy of the audit management letter and of any audit findings as it relates to
the Head Start program; and
(3)provide such
additional documentation as the Secretary may
require.
.
17.Technical
assistance and trainingSection 648 of the of the
Head Start Act (42 U.S.C. 9843) is
amended to read as follows:
648.Technical
assistance and training
(a)The Secretary
shall provide, directly or through grants or other arrangements—
(1)technical
assistance to communities in developing, conducting, and administering programs
under this subchapter; and
(2)training for
specialized or other personnel needed in connection with Head Start programs,
in accordance with the process, and the provisions for allocating resources,
set forth in subsections (b) and (c).
(b)The process for
determining the technical assistance and training activities to be carried out
under this section shall—
(1)ensure that the
needs of local Head Start agencies and programs relating to improving program
quality and to program expansion are addressed to the maximum extent
feasible;
(2)incorporate
mechanisms to ensure responsiveness to local needs, including an ongoing
procedure for obtaining input from the individuals and agencies carrying out
Head Start programs; and
(3)ensure the
provision of technical assistance to assist Head Start agencies, entities
carrying out other child care and early childhood programs, communities, and
States in collaborative efforts to provide quality full-working-day, full
calendar year services, including technical assistance related to identifying
and assisting in resolving barriers to collaboration.
(c)In allocating
resources for technical assistance and training under this section, the
Secretary shall—
(1)give priority
consideration to—
(A)activities to
correct program and management deficiencies identified through reviews carried
out pursuant to section 641A(c) (including the provision of assistance to local
programs in the development of quality improvement plans under section
641A(d)(2)); and
(B)assisting Head
Start agencies in—
(i)ensuring the
school readiness of children; and
(ii)meeting the
educational performance measures described in section 641A(b)(4);
(2)supplement amounts
provided under section 640(a)(3)(C)(ii) in order to address the training and
career development needs of classroom staff (including instruction for
providing services to children with disabilities), and nonclassroom staff,
including home visitors and other staff working directly with families,
including training relating to increasing parent involvement and services
designed to increase family literacy and improve parenting skills;
(3)assist Head Start
agencies in the development of collaborative initiatives with States and other
entities within the States, to foster effective early childhood professional
development systems;
(4)provide technical
assistance and training, either directly or through a grant, contract, or
cooperative agreement with an entity that has experience in the development and
operation of successful family literacy services programs, for the purpose
of—
(A)assisting Head
Start agencies providing family literacy services, in order to improve the
quality of such family literacy services; and
(B)enabling those
Head Start agencies that demonstrate effective provision of family literacy
services, based on improved outcomes for children and their parents, to provide
technical assistance and training to other Head Start agencies and to service
providers that work in collaboration with such agencies to provide family
literacy services;
(5)assist Head Start
agencies and programs in conducting and participating in community-wide
strategic planning and needs assessment, including the needs of homeless
children and their families;
(6)assist Head Start
agencies and programs in developing and implementing full-working-day and
full-calendar-year programs where community need is clearly identified and
making the transition to such programs, with particular attention to involving
parents and programming for children throughout the day, and assist the
agencies and programs in expediting the sharing of information about innovative
models for providing full-working-day, full calendar year services for
children;
(7)assist Head Start
agencies in better serving the needs of families with very young
children;
(8)assist Head Start
agencies and programs in the development of sound management practices,
including financial management procedures;
(9)assist in efforts
to secure and maintain adequate facilities for Head Start programs;
(10)assist Head Start
agencies in developing innovative program models, including mobile and
home-based programs;
(11)provide support
for Head Start agencies (including policy councils and policy committees) that
meet the standards described in section 641A(a) but that have, as documented by
the Secretary through reviews conducted pursuant to section 641A(c),
significant programmatic, quality, and fiscal issues to address;
(12)assist Head Start
agencies and programs in increasing program participation of homeless children;
(13)assist Head Start
agencies and Head Start programs in improving outreach to, and the quality of
services available to, limited English proficient children and their families,
particularly in communities that have experienced a large percentage increase
in the population of limited English proficient individuals, as measured by the
Bureau of the Census; and
(14)assist Head Start
agencies in developing appropriate methods and approaches for identifying and
working with children and families experiencing toxic stress.
(d)The Secretary may
provide, either directly or through grants to public or private nonprofit
entities, training for Head Start personnel in the use of the performing and
visual arts and interactive programs using electronic media to enhance the
learning experience of Head Start children. Special consideration shall be
given to entities that have demonstrated effectiveness in educational
programming for preschool children that includes components for parental
involvement, care provider training, and developmentally appropriate related
activities.
(e)The Secretary
shall provide, either directly or through grants or other arrangements, funds
from programs authorized under this subchapter to support an organization to
administer a centralized child development and national assessment program
leading to recognized credentials for personnel working in early childhood
development and child care programs, training for personnel providing services
to limited English proficient children (including services to promote the
acquisition of the English language), training for personnel providing services
to children determined to be abused or neglected, training for personnel
providing services to children referred by or receiving child welfare services,
training for personnel in helping children cope with community violence, and
resource access projects for personnel working with disabled children.
(f)The Secretary
shall provide, either directly or through grants, or other arrangements, funds
for training of Head Start personnel in addressing the unique needs of migrant
and seasonal working families, families with 1 or more children with
disabilities, families with a limited English proficiency, homeless families,
and children and families experiencing toxic stress.
(g)More than 50
percent of funds expended under this section shall be used to provide high
quality, sustained, intensive, and classroom-focused training and technical
assistance in order to have a positive and lasting impact on classroom
instruction. Funds shall be used to carry out activities related to any or all
of the following:
(1)Education and
early childhood development.
(2)Child health,
nutrition, and safety.
(3)Family and
community partnerships and services.
(4)Other areas that
impact the quality or overall effectiveness of Head Start programs.
(h)The Secretary
shall develop and implement a program of outreach to recruit and train minority
men to become Head Start teachers in order to reflect the communities in which
Head Start children live and to increase the provision of quality services and
instruction to children with diverse backgrounds.
(i)Funds under this
subchapter used for training shall be used for needs identified annually by a
grant applicant or delegate agency in their program improvement plan, except
that funds shall not be used for long-distance travel expenses for training
activities available locally or regionally or for training activities
substantially similar to locally or regionally available training
activities.
(j)Funds made
available under section 640(a)(2)(C)(i) shall be used by a Head Start agency
for any of the following:
(1)Activities that
ensure that Head Start programs meet or exceed the program performance
standards described in section 641A(a)(1).
(2)Activities that
ensure that Head Start programs have adequate numbers of trained, qualified
staff who have skills in working with children and families, including children
and families who are limited English proficient and children with
disabilities.
(3)Activities to pay
expenses, including direct training for expert consultants working with any
staff, to improve the management and implementation of Head Start services and
systems.
(4)Activities that
help ensure that Head Start programs have qualified staff who can promote
language skills and literacy growth of children and who can provide children
with a variety of skills that have been identified as predictive of later
reading achievement, school success, and the skills, knowledge, abilities,
development, and progress described in section 641A(a)(1)(B)(ii).
(5)Activities to
improve staff qualifications and to assist with the implementation of career
development programs and to encourage the staff to continually improve their
skills and expertise, including developing partnerships with programs that
recruit, train, place, and support college students in Head Start centers to
deliver an innovative early learning program to preschool children.
(6)Activities that
help local programs ensure that the arrangement, condition, and implementation
of the learning environments in Head Start programs are conducive to providing
effective program services to children and families.
(7)Activities to
provide training necessary to improve the qualifications of Head Start staff
and to support staff training, child counseling, health services, and other
services necessary to address the needs of children enrolled in Head Start
programs, including children from families in crises, children who experience
chronic violence or homelessness, children who experience substance abuse in
their families, and children under 3 years of age, where applicable.
(8)Activities to
provide classes or in-service-type programs to improve or enhance parenting
skills, job skills, adult and family literacy, including financial literacy, or
training to become a classroom aide or bus driver in a Head Start
program.
(9)Additional
activities deemed appropriate to the improvement of Head Start agencies’
programs, as determined by the agencies’ technical assistance and training
plans.
(10)Any other
activities regarding the use of funds as determined by the Secretary.
(k)The Secretary
shall—
(1)work in
collaboration with the Head Start agencies that carry out Indian Head Start
programs, the Indian Head Start collaboration director, and other appropriate
entities, including tribal governments and the National Indian Head Start
Directors Association—
(A)to undertake a
study or set of studies designed to focus on the American Indian and Alaska
Native Head Start-eligible population, with a focus on issues such as
curriculum development, availability and need for services, appropriate
research methodologies and measures for these populations, and best practices
for teaching and educating American Indian and Alaska Native Head Start
Children;
(B)to accurately
determine the number of children nationwide who are eligible to participate in
Indian Head Start programs each year;
(C)to document how
many of these children are receiving Head Start services each year;
(D)to the extent
practicable, to ensure that access to Indian Head Start programs for eligible
children is comparable to access to other Head Start programs for other
eligible children; and
(E)to make the
funding decisions required in section 640(a)(2)(A)(iii), after completion of
the studies required in that section, taking into account:
(i)the Federal
government’s unique trust responsibility to American Indians and Alaska
Natives;
(ii)limitations faced
by tribal communities in accessing non-Federal sources of funding to supplement
Federal funding for early childhood programs; and
(iii)other factors
that uniquely and adversely impact children in American Indian and Alaska
Native communities such as highly elevated poverty, unemployment and violent
crime rates, as well as depressed levels of educational achievement and limited
access to non-Federal health, social and educational resources;
(2)in carrying out
paragraph (1), consult with the Secretary of Education about the Department of
Education’s systems for collecting and reporting data about, and maintaining
records on, American Indian and Alaska Native students;
(3)not later than 9
months after the effective date of this subsection, publish in the Federal
Register a notice of how the Secretary plans to carry out paragraph (1) and
shall provide a period for public comment. To the extent practicable, the
Secretary shall consider comments received before submitting a report to the
Congress;
(4)not later than 1
year after the effective date of this subsection, submit a report to the
Committee on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate,
detailing how the Department of Health and Human Services plans to carry out
paragraph (1);
(5)take appropriate
action, consistent with section 444 of the General Education Provisions Act, to
ensure the protection of the confidentiality of any personally identifiable
data, information, and records collected or maintained by the Secretary, by
Head Start agencies that carry out Indian Head Start programs, by State
Directors of Head Start Collaboration, by the Indian Head Start Collaboration
Project Director and by other appropriate entities pursuant to this subsection;
and
(6)ensure that nothing
in this subsection shall be construed to authorize the development of a
nationwide database of personally identifiable information on individuals
involved in studies or other collections of data under this subsection.
(l)The Secretary
shall—
(1)in order to
increase access to Head Start services for eligible migrant and seasonal
children, work in collaboration with migrant and seasonal Head Start providers,
the Department of Agriculture (land grant universities), the Department of
Labor, the Bureau of Migrant Health, and the Department of Education to—
(A)establish a system
for collecting and reporting data on farm workers and their families in order
to adequately account for the number of seasonal and migrant children that are
eligible for Head Start and determine how many of these eligible children
receive services;
(B)identify barriers
that prevent eligible migrant and seasonal children from accessing Head Start
services and develop a plan for eliminating barriers and increasing enrollment;
and
(C)develop a system
through which migrant and seasonal Head Start programs can effectively track
health records and educational documents as a child moves from state to
state;
(2)not later than 6
months after the effective date of this subsection, publish in the Federal
Register a notice on how the Secretary plans to carry out the activities
identified in paragraph (1) and shall provide a period for public comment. To
the extent practicable, the Secretary shall consider comments received before
implementing any of the activities identified in paragraph (1);
(3)not later than 1
year after the effective date of this subsection, submit a report to the
Committee on Education and Labor of the House of Representatives and the
Health, Education, Labor and Pensions Committee of the Senate detailing how the
Secretary plans to carry out the activities identified in (1);
(4)submit a report to
Congress annually on the migrant and seasonal Head Start program including a
report on the progress made in carrying out the activities identified in
paragraph (1), the progress made in reaching out to and serving eligible
migrant and seasonal children, and information on states where migrant and
seasonal children are still underserved;
(5)take appropriate
caution, consistent with section 444 of the General Education Provisions Act,
to ensure the protection of the confidentiality of any personally identifiable
data, information, and records collected or maintained by the Secretary, by
Head Start agencies that carry out migrant and seasonal Head Start programs, by
the State director of Head Start Collaboration, by the Migrant and Seasonal
Farmworker Collaboration project Director; and
(6)ensure that
nothing in this subsection shall be construed to authorize the development of a
nationwide database of personally identifiable information on individuals
involved in studies or other collections of data under this subsection.
(m)For purposes of
this section, the term eligible entities means an institution of
higher education or other entity with expertise in delivering training in early
childhood develop⑭ent, family support, and other assistance designed to improve
the delivery of Head Start services.
(n)For the purposes
of delivering a State-based training and technical assistance system, as
described in section 640(a)(C)(ii), that will meet the needs of local grantees
and provide high quality, sustained, and intensive training and technical
assistance to Head Start programs in order to help them meet or exceed the
program performance standards described in section 641A(a)(1), the Secretary
shall—
(1)enter into
contracts in each State with 1 or more entities who have a demonstrated
expertise in supporting the delivery of high quality early education programs,
except that bi-State contracts may be entered in to if the demographics of
proximal States make such a system more appropriate;
(2)ensure that the
entities described in subparagraph (1) determine the types of services to be
provided through consultation with—
(A)local Head Start
agencies;
(B)the State Head
Start collaboration office; and
(C)the State Head
Start Association;
(3)provide a report
to the appropriate committees in Congress no later than 90 days after the end
of the fiscal year, summarizing the funding for such contracts and the
activities carried out thereunder; and
(4)periodically
evaluate the usefulness of the delivery of services in each State and their
effectiveness in promoting program quality.
(o)To support enhance early language and
preliteracy development of children in Head Start programs, and to provide the
children with high-quality oral language skills, and environments that are rich
in literature, in which to acquire language and preliteracy skills, each Head
Start agency shall ensure that—
(1)all of the
agency’s Head Start teachers receive ongoing training in language and emergent
literacy (referred to in this subsection as literacy training
),
and including appropriate curricula and assessment to improve instruction and
learning;
(2)such literacy
training shall include training in methods to promote vocabulary development
and phonological awareness (including phonemic awareness) in a developmentally,
culturally, and linguistically appropriate manner and support children's
development in their home language;
(3)the literacy
training shall include training in how to work with parents to enhance positive
language and early literacy development at home;
(4)the literacy
training shall include specific methods to best address the needs of children
who are limited English proficient; and
(5)the literacy
training shall include training on how to best address the language and
literacy needs of children with disabilities, including training on how to work
with specialists in language development.
(p)The Secretary is encouraged to contract, on
a competitive basis, with an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965) to develop an on-line
graduate-level professional development program with the goal of improving the
leadership of those working in Head Start programs and improving teacher
quality and the capacity of effective Head Start teachers.
.
18.Staff
qualifications and developmentSection 648A of the of the
Head Start Act (42 U.S.C. 9843a) is
amended—
(1)by amending
subsection (a) to read as follows:
(a)
(1)Professional
requirementsThe 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)
(A)The Secretary shall ensure that not later than September
30, 2013, at least 50 percent of all Head Start teachers nationwide in
center-based programs have—
(i)a
baccalaureate, or advanced degree in early childhood education;
(ii)a
baccalaureate or advanced degree in a field related to early childhood
education, with experience in teaching preschool children; or
(iii)except that
teachers providing services in migrant and seasonal Head Start classrooms that
serve children under age 3 shall be required to meet the teacher requirements
described in section 645A(h).
(B)Each
Head Start agency shall provide to the Secretary a report indicating the number
and percentage of teachers and teacher’s aides with child development associate
credentials and associate, baccalaureate, or advanced degrees. The Secretary
shall compile all program reports and make them available to the Committee on
Education and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(C)Requirement for
new head start teachersIn
accordance with rules issued by the Secretary and made effective 2 years after
the effective date of this subparagraph, all Head Start agencies shall require
that all Head Start teachers hired after such rules take effect to provide Head
Start services in center-based programs—
(i)have an associate,
baccalaureate, or advanced degree in early childhood education or a related
field; or
(ii)be currently
enrolled in a program of study leading to an associate degree in early
childhood education or a related field, and agree to complete degree
requirements not later than 3 years after the date of hire.
(D)The Secretary shall establish requirements to ensure
that individuals who receive financial assistance under this subchapter in
order to comply with the requirements under section 648A(a)(2) shall
subsequently teach in a Head Start center for a period of time equivalent to
the period for which they received assistance or repay the amount of the
funds.
(E)The
Secretary shall require that any Federal funds provided directly or indirectly
to comply with subparagraph (A) shall be used toward degrees awarded by an
institution of higher education, as defined by sections 101 or 102 of the
Higher Education Act (20 U.S.C. 1001,
1002).
,
(2)by
amending subsection (b) to read as follows:
(c)To improve the quality and effectiveness of staff
providing in-home and other services (including needs assessment, development
of service plans, family advocacy, and coordination of service delivery) to
families of children participating in Head Start programs, the Secretary, in
coordination with concerned public and private agencies and organizations
examining the issues of standards and training for family service workers,
shall—
(1)review and, as
necessary, revise or develop new qualification standards for Head Start staff
providing such services;
(2)review, and as
necessary, review or develop maximum caseload requirements, as suggested by
best practices;
(3)promote the
development of model curricula (on subjects including parenting training and
family literacy) designed to ensure the attainment of appropriate competencies
by individuals working or planning to work in the field of early childhood and
family services; and
(4)promote the
establishment of a credential that indicates attainment of the competencies and
that is accepted nationwide
,
and
(3)is amended by
adding at the end the following:
(f)Professional
Development PlansEach Head Start agency and program shall
create, in consultation with an employee, a professional development plan for
all full-time Head Start employees who provide direct services to children and
shall ensure that such plans are regularly evaluated for their impact on
teacher and staff
effectiveness.
.
19.Research,
demonstrations, and evaluationSection 649 of the of the
Head Start Act (42 U.S.C. 9844) is
amended—
(1)by
amending subsection (a)(1)(B) to read as follows:
(B)use the Head Start programs to develop,
test, and disseminate new ideas and based on existing scientifically based
research, for addressing the needs of low-income preschool children (including
children with disabilities, homeless children, children who have been abused or
neglected, and children in foster care) and their families and communities
(including demonstrations of innovative non-center-based program models such as
home-based and mobile programs), and otherwise to further the purposes of this
subchapter;
,
(2)in
subsection (d)—
(A)in paragraph (7)
by adding and
at the end,
(B)in paragraph (8)
by striking ; and
at the end and inserting a period,
(C)by striking
paragraphs (9) and (10), and
(D)by striking the
last sentence,
(3)in subsection
(g)—
(A)in
paragraph(1)(A)—
(i)by
striking clause (i), and
(ii)by
redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively,
and
(B)by amending
paragraph (7)(C) to read as follows:
(C)Transmittal of
report to congressNot later than September 30, 2009, the
Secretary shall transmit the final report to the Committee on Education and
Labor of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
,
and
(4)by
amending subsection (h) to read as follows:
(h)Limited English
Proficient Children
(1)Not later than 1 year after the date of
enactment of the Improving Head Start Act of 2007, the Secretary shall conduct
a study on the status of limited English proficient children and their families
in participating Head Start programs and Early Head Start programs.
(2)The
Secretary shall prepare and submit to Congress, not later than September 2008,
a report containing the results of such study, including information on—
(A)(i)the demographics of
limited English proficient children less than 5 years of age and the
geographical distribution of such children; and
(ii)the number of such children
receiving Head Start services and the number of such children receiving Early
Head Start services, and the geographical distribution of such children
receiving such services;
(B)the nature of the
Head Start services and of the Early Head Start services provided to limited
English proficient children and their families, including the types, content,
duration, intensity, and costs of family services, language assistance, and
educational services;
(C)procedures in Head
Start programs for assessing language needs and for making the transition of
limited English proficient children to kindergarten, including the extent to
which Head Start programs meet the requirements of section 642A for limited
English proficient children;
(D)the qualifications
and training provided to Head Start teachers and Early Head Start teachers who
serve limited English proficient children and their families;
(E)the rate of
progress made by limited English proficient children and their families in Head
Start programs and in Early Head Start programs, including—
(i)the rate of
progress made by limited English proficient children toward meeting the
additional educational standards described in section 641A(a)(1)(B)(ii) while
enrolled in Head Start programs;
(ii)the correlation
between such progress and the type and quality of instruction and educational
programs provided to limited English proficient children; and
(iii)the correlation
between such progress and the health and family services provided by Head Start
programs to limited English proficient children and their families; and
(F)the extent to
which Head Start programs make use of funds under section 640(a)(3) to improve
the quality of Head Start services provided to limited English proficient
children and their
families.
.
20.Section 650 of the of the
Head Start Act (42 U.S.C. 9846) is
amended—
(1)in subsection
(a)—
(A)by striking
Committee on Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the Senate
each place
it appears and inserting Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education, Labor, and Pensions
of the Senate
,
(B)by striking
and non-English language background children
and inserting
children, homeless children, children in foster care, and limited
English proficient children
, and
(C)in paragraph (8)
by inserting homelessness, whether the child is in foster care or was
referred by a child welfare agency,
after , background
,
and
(2)by adding at the
end the following:
(c)Not later than 60 days after the end of each fiscal
year, the Secretary shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report detailing the different amounts of
expenditures under section 640(a)(2) and the activities carried out
thereunder.
(d)The Secretary shall conduct an annual review to assess
whether the design and implementation of the triennial reviews described in
section 641A(c) include compliance procedures that provide reasonable assurance
that Head Start agencies are complying with applicable fiscal laws and
regulations. The Secretary shall report the findings and conclusions of the
annual review to the House Committee on Education and Labor, and the Senate
Committee on Health, Education, Labor and Pensions within 30 days of completing
the
review.
.
21.Section 653 of
the of the Head Start Act (42 U.S.C.
9848) is amended to read as follows:
653.
(a)The Secretary shall take such action as may be necessary to
assure that persons employed in carrying out programs financed under this
subchapter shall not receive compensation at a rate which is (1) in excess of
the average rate of compensation paid in the area where the program is carried
out to a substantial number of the persons providing substantially comparable
services, or in excess of the average rate of compensation paid to a
substantial number of the persons providing substantially comparable services
in the area of the person’s immediately preceding employment, whichever is
higher; or (2) less than the minimum wage rate prescribed in section 6(a)(1) of
the Fair Labor Standards Act of 1938. The Secretary shall encourage Head Start
agencies to provide compensation according to salary scales that are based on
training and experience.
(b)Notwithstanding any other provision of law, no Federal
funds shall be used to pay all or any part of the compensation of an individual
employed by a Head Start agency in carrying out programs under this subchapter,
either as direct or indirect costs of any proration thereof, at a rate in
excess of the rate then payable for level II of the Executive Schedule under
section 5316 of title 5, United State
Code.
.