110 HR 1429 RH: Improving Head Start Act of 2007
U.S. House of Representatives
2007-03-23
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 (22) and (23), respectively,
(2)by redesignating paragraph (15) as paragraph (20), respectively,
(3)by redesignating paragraphs (11) through (14) as paragraphs (15) through (18), respectively,
(4)by redesignating paragraph (10) as paragraph (13),
(5)by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively,
(6)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. ,
(7)by inserting after paragraph (10), as so redesignated the following:
(11)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. 11434a(2)).
(12)The term homeless family
means the family of a homeless child. ,
(8)by inserting after paragraph (13), as so redesignated the following:
(14)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. ,
(9)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. ,
(10)by inserting after paragraph (20), as so redesignated, the following:
(21)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
(11)by amending paragraph (23), as so redesignated, to read as follows:
(23) 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, 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, 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)Not less than one-fourth of the amount reserved under this paragraph, to improve the compensation, 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.
(viii)Improving the compensation and benefits of staff of Head Start agencies in order to improve the quality of Head Start programs.
(ix)Transportation costs associated with transporting Head Start children safely, except that—
(I)no more than ten percent of funds under this paragraph may be used for such purposes;
(II)a Head Start agency shall demonstrate efforts to leverage the costs of transportation through collaboration with other entities; and
(III)a Head Start agency shall submit information to the Secretary describing how such use of funds is necessary to prevent reduction or termination of transportation services or, in the case of a Head Start agency serving a rural community, how such use of funds is necessary to improve services to such community.
(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) of the 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)
(1)The Secretary shall issue regulations establishing requirements for the safety features, and the safe operation, of vehicles used by Head Start agencies to transport children participating in Head Start programs.
(2)Good cause waiver authorityThe Secretary shall allow Head Start agencies to annually request a good cause exception to the requirements of regulations promulgated under paragraph (1) for one or more vehicles used by the agency or its designee in transporting children enrolled in a Head Start program or an Early Head Start program if—
(A)such requirements would create a safety hazard in the circumstances faced by such agency; or
(B)such requirements pertain to child restraint systems (45 C.F.R. 1310.11, 1310.15(a)) or bus monitors (45 C.F.R. 1310.15(c));
(C)the agency demonstrates that compliance with such requirements will result in a significant disruption to the Head Start program or the Early Head Start program; and
(D)the waiver is in the best interest of the children involved.
(e)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. .
(f)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 641A(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 application 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 of application review 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 review, 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 be designated a Head Start agency for a period of 5 years;
(B)under-performing and may enter into an open competition as described in subsection (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 subsection (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 designates, in a timely manner grantees as Head Start agencies for a period of 5 years if such grantees are 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, in a manner and language that such parents can understand, 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, including mental 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), including progress made through the use of culturally and linguistically appropriate instructional services;
(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.
(6)
(A)The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information and records collected or maintained by the Secretary and any Head Start agency. Such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act.
(B)Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable information on children participating in measures under this subsection.
(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 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, in a manner and language that such parents can understand, 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, including mental 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 section 619 or part C of the Individuals With Disabilities Education 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;
(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; and
(9)develop procedures for identifying children as limited English proficient, and inform the parents of such children as to the instructional services used to help children make progress towards acquiring the knowledge and skills described in section 641A(a)(1)(B) and acquisition of the English language.
(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 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)helping parents of limited English Proficient children understand the method of instruction and other services provided by the school in which such child will enroll after participation in Head Start and as appropriate, information provided to parents of limited English proficient children under section 3302 of title III of the Elementary and Secondary Education Act of 1965 (20U.S.C. 7012);
(7)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);
(8)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;
(9)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;
(10)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;
(11)developing and implementing a system to increase program participation of underserved populations of eligible children; and
(12)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 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 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 entity that receives assistance under section 645A, and such funds under (i) shall be subject to the same rules, regulations, and conditions as apply to recipients of grants under section 645A.
(5)
(A)Upon written request and pursuant to the requirements of this paragraph, a Head Start agency may consider children from low-income families to be eligible for participation in programs assisted under this subchapter if their family income is at or above the poverty line but below 130 percent of the poverty line, if the agency submits an application to the Secretary containing the following information, as specified in rules issued by the Secretary—
(i)a description of how the needs of eligible Head Start children, as described in paragraph (1)(A) are being adequately met in the agency’s service area;
(ii)a description of outreach efforts to the community to reach full enrollment under the eligibility guidelines under paragraph (1), including using outreach efforts that are linguistically and culturally appropriate;
(iii)assurance that the agency will prioritize serving children currently eligible under the guidelines under paragraph (1); and
(iv)a description of why increasing the number of infants and toddlers being served, as described in paragraph (4), is not appropriate based upon the communitywide needs assessment or the agency’s capability.
(B)In approving such applications, the Secretary shall take into account the—
(i)cost of living for families living the area served by the Head Start agency;
(ii)the efforts the Head Start agency has undertaken to be fully enrolled under the eligibility criteria in paragraph (1); and
(iii)the policies and procedures the Head Start agency will implement to ensure that children currently eligible under the criteria described under paragraph (1) will be prioritized.
(C)No more than 20 percent of children served by such Head Start agency may be from families above the poverty line. ,
(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 of the Head Start Act (42 U.S.C. 9840a) 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.
(i)Staff Qualifications and Development
(1)Home visitor staff standardsIn order to further enhance the quality of home visiting services provided to families of children participating in home-based, center-based, or combination program options under this subchapter, the Secretary shall establish standards for training, qualifications, and the conduct of home visits for home visitor staff in Early Head Start programs.
(2)The standards for training, qualifications, and the conduct of home visits shall include content related to—
(A)structured child-focused home visiting that promotes parents’ ability to support the child’s cognitive, social, emotional, and physical development;
(B)effective strengths-based parent education, including methods to encourage parents as their child’s first teachers;
(C)early childhood development with respect to children from birth through age 3;
(D)methods to help parents promote emergent literacy in their children from birth through age 3;
(E)ascertaining what health and developmental services the family receives and working with these providers to eliminate gaps in service by offering annual health, vision, hearing, and developmental screening for children from birth to entry into kindergarten, when needed;
(F)strategies for helping families coping with crisis; and
(G)the relationship of health and well-being of pregnant women to prenatal and early child 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 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; and .
16.Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by adding at the end the following:
(c)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 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;
(14)assist Head Start agencies in developing appropriate methods and approaches for identifying and working with children and families experiencing toxic stress;
(15)assist programs in improving outreach to serve additional children with disabilities, if such program’s enrollment opportunities or funded enrollment for children with disabilities is less than 10 percent; and
(16)provide assistance to address and remove barriers related to recruitment and retention of Head Start teachers for rural communities, and remove barriers related to outreach efforts to eligible families in rural communities.
(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, resource access projects for personnel working with disabled children, and training for appropriate personnel to recognize common health, including mental health, problems in children for appropriate referral.
(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 Labor 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)through regulation, ensure 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, and by State Directors of Head Start Collaboration, by the Indian Head Start Collaboration Project Director and by other appropriate entities pursuant to this subsection (Such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act.); 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)through regulation, 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 (Such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act.); 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 development, 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 Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 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 enhanced 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.
(q)The Secretary shall consult with experts on issues of air quality related to children’s health and inform Head Start agencies of existing programs or combination of programs that provide methods for improving indoor air quality.
(r)Demonstration for career ladder partnerships with tribal colleges and hispanic-serving institutions
(1)Tribal college career ladder demonstration programThe Secretary is authorized to award demonstration grants, for periods of not less than 5 years, to tribal colleges and universities to—
(A)implement education programs that include education concerning tribal culture and language and increase the number of associate, baccalaureate, and graduate degrees in early childhood and related fields that are earned by Indian Head Start agency staff members, parents of children served by such an agency, and members of the tribal community involved;
(B)develop and implement the programs under subparagraph (A) in technology-mediated formats, including providing the programs through such means as distance learning and use of advanced technology, as appropriate; and
(C)provide technology literacy programs for Indian Head Start agency staff members and children and families of children served by such an agency.
(2)Hispanic-serving institutions career ladder demonstration programThe Secretary is authorized to award demonstration grants, for periods of not less than 5 years, to Hispanic-serving institutions to—
(A)provide assistance for stipends and costs related to tuition, fees, and books for enrolling Head Start agency staff members and parents of children served by such an agency in courses required to complete the degree and certification requirements to become bilingual teachers in early childhood education and related fields;
(B)develop career ladder program curricula to increase the number of associate’s, bachelor’s, and graduate degrees earned by Head Start agency staff who have the linguistic skills and expertise to teach in programs serving a large number of limited English proficient children and parents of children served by such an agency; and
(C)other activities to upgrade the skills and qualifications of noncertified educational personnel to meet the professional standards in section 648A(a)(1), including certification and licensure as bilingual education teachers and other educational personnel who serve limited English proficient children.
(3)Individuals who receive assistance under paragraphs (1) and (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 funds. .
18.Staff qualifications and developmentSection 648A of the Head Start Act (42 U.S.C. 9843a) is amended—
(1)in subsection (a)—
(A)by striking (a)
and all that follows through paragraph (2), and inserting the following:
(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)
(i)On an annual basis, each Head Start agency shall provide to the Secretary a report indicating the number and percentage of classroom instructors with child development/ early childhood education associate credentials and associate, baccalaureate, or advanced degrees, and number of classroom instructors who successfully transferred associate credit and completed a baccalaureate degree disaggregated by race, ethnicity, and proficiency in a language other than English, with a description of those languages.
(ii)Not later than September 30, 2008 the Secretary shall compile and transmit reports received under (i) 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)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.
(D)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.
(E)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.
(F)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). , and
(B)in paragraph (3)—
(i)in subparagraph (B) by striking or
at the end,
(ii)in subparagraph (C) by striking the period at the end and inserting ; or
, and
(iii)by adding at the end, the following:
(D)a baccalaureate and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America's professional staff. , and
(2)by amending subsection (c) 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, revise 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 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 the semicolon 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 home languages of Head Start and Early Head Start teachers;
(F)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
(G)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.
(i)Children, families, and programs affected by hurricanes katrina and rita
(1)The purpose of this subsection is to evaluate the status of Head Start and Early Head Start programs affected by Hurricanes Katrina and Rita as well as the challenges those programs have faced in reestablishing themselves and reenrolling eligible children and families, with the ultimate goal of providing all Head Start and Early Head Start programs with recommendations for developing and implementing disaster plans.
(2)The term areas affected by Hurricanes Katrina and Rita
means any parish or county for which it was determined that assistance was warranted from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricanes Katrina and Rita.
(3)The Secretary shall conduct a study on the status of children and families participating in Head Start and Early Head Start programs in areas affected by Hurricanes Katrina and Rita.
(4)Not later than 1 year after the date of the enactment of the Improving Head Start Act of 2007, the Secretary shall prepare and submit to Congress a report containing the results of such study, including
(A)information on the population served, including—
(i)the number of children and families participating in Head Start and Early Head Start programs in areas affected by Hurricanes Katrina and Rita before and after Hurricanes Katrina and Rita;
(ii)the demographics of such children and families; and
(iii)the geographical distribution of such children and families;
(B)information on staff and programs, including—
(i)the number and geographic distribution of staff serving Head Start and Early Head Start children and families from areas affected by Hurricanes Katrina and Rita;
(ii)the current status, including employment status and geographic location, of Head Start and Early Head Start staff serving in areas affected by Hurricanes Katrina and Rita prior to Hurricanes Katrina and Rita; and
(iii)the response and recovery efforts of Head Start and Early Head Start staff serving in areas affected by Hurricanes Katrina and Rita
(C)information on facilities, including—
(i)the number of Head Start and Early Head Start facilities operating prior to Hurricanes Katrina and Rita in areas affected by Hurricanes Katrina and Rita;
(ii)the current status of each such facility; and
(iii)information on any new Head Start or Early Head Start facility that has opened in areas affected by Hurricanes Katrina and Rita or that serves children and families who lived in areas affected by Hurricanes Katrina and Rita at the time of Hurricanes Katrina and Rita;
(D)information on coordination with the Federal Emergency Management Agency (FEMA) in areas affected by Hurricanes Katrina and Rita, including—
(i)areas of success that Head Start agencies and programs had in working with FEMA;
(ii)challenges that Head Start agencies and programs had in working with FEMA; and
(iii)the number of Head Start families that received individualized assistance (as defined under the Robert T. Stafford Disaster Relief and Emergency Act) and the types of assistance received by such families.
(E)challenges that were faced by Head Start and Early Head Start programs and families in areas affected by Hurricanes Katrina and Rita including—
(i)the availability of Head Start services for families displaced during the period of transition;
(ii)identification of and outreach to families displaced by the Hurricanes Katrina and Rita; and
(iii)the extent to which non-Federal disaster assistance was available to Head Start agencies and programs, and coordination of such services with non-Federal disaster assistance resources.
(5)Disaster plan preparednessNot later than 1 year after the date of the enactment of Improving Head Start Act of 2007, the Secretary shall prepare and submit to Congress, Head Start disaster plan recommendations based upon the report initiated in paragraph (4), including recommendations for prevention, preparedness, response, and recovery, that can be used to advise Head Start and Early Head Start programs in the development and implementation of disaster plans. .
20.Section 650 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.
(e)Use of Individualized Education PlansThe Secretary shall track the use of Head Start Individualized Education Plans by Head Start agencies in order to evaluate the reasons why Head Start agencies are opting not to use Individualized Education Plans for children with disabilities (as specified in the Individuals With Disabilities Education Act (20 U.S.C. 1414(d)), whether Head Start Individualized Education Plans are used to provide services prior to the development of an Individualized Education Plan, as required under the Individuals With Disabilities Education Act, and the length of time programs use Head Start Individualized Education Plans before an Individualized Education Plan as required under Individuals With Disabilities Education Act is developed. The Secretary shall provide a 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, not later than 1 year after the date of the enactment of the Improving Head Start Act of 2007.
(f)Evaluation and recommendations regarding obesity preventionThe Secretary shall evaluate and publish regulations on the issue of and concerns related to preventing and reducing obesity in children who participate in Head Start programs and shall consult, at a minimum, with experts in child and maternal health, child development, child and family nutrition and physical education, to determine the effective methods by which Head Start agencies can help address childhood obesity. The regulations should include guidance on how Head Start agencies can incorporate, at a minimum, more physical activity and nutrition education into such programs related to preventing and reducing obesity. Not later than 1 year after the effective date of this subsection, the Secretary shall submit to the House Committee on Education and Labor and the Senate Committee on Health, Education, Labor and Pensions, a report containing such recommendations and the results of such evaluation. .
21.Section 653 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 5313 of title 5, United States Code. .
22.Limitation on certain uses of fundsThe Head Start Act (42 U.S.C. 9858 et seq.) is amended by adding at the end the following:
656A.Limitation on certain uses of fundsNo funds made available to carry out this subchapter may be used—
(1)for publicity or propaganda purposes not heretofore authorized by the Congress; or
(2)unless authorized by law in effect on the effective date of this section, to produce any pre-packaged news story intended for broadcast or distribution unless such story includes a clear notification contained within the text or audio of such story stating that the prepackaged news story was prepared or funded by the Department of Health and Human Services. .
March 23, 2007
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed