[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Proposed Rules]
[Pages 52394-52400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21934]



[[Page 52394]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 1304 and 1306

RIN 0970-AB90


Head Start Program

AGENCY: Administration on Children, Youth and Families (ACYF), 
Administration for Children and Families (ACF), HHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Administration on Children, Youth and Families is issuing 
this Notice of Proposed Rulemaking to propose family child care homes 
as a Head Start program option.

DATES: In order to be considered, comments on this proposed rule must 
be received on or before October 30, 2000.

ADDRESSES: Please address comments to the Associate Commissioner, Head 
Start Bureau, Administration on Children, Youth and Families, 330 C 
Street, SW., Washington, DC 20447. Beginning 14 days after the close of 
the comment period, comments will be available for public inspection in 
room 2221, 330 C Street, SW., Washington, DC 20201, Monday through 
Friday between the hours of 9 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Douglas Klafehn at (202) 205-8572.

SUPPLEMENTARY INFORMATION:

I. Program Purpose

    The Head Start program, authorized under the Head Start Act (42 
U.S.C. 9801 et seq.), is a national program providing comprehensive 
child development services to eligible low-income children from birth 
to five years of age and their families, as well as to pregnant women. 
To help enrolled children achieve their full potential, Early Head 
Start and Head Start programs provide comprehensive health, 
nutritional, educational, social and other services. Additionally, Head 
Start programs are required to provide for the direct participation of 
the parents of enrolled children in the development, conduct, and 
direction of local programs.
    The Head Start program also provides parents with training and 
education to foster their understanding of and involvement in the 
development of their children. In fiscal year 1998, Early Head Start 
and Head Start served a total of nearly 823,000 children and their 
families through a network of over 2,000 grantee and delegate agencies. 
A total of 16,892,000 children have been served since the Head Start 
program began in 1965.
    While Early Head Start and Head Start are intended to serve 
primarily children whose families have incomes at or below the poverty 
line or who receive public assistance, Head Start policy permits up to 
10 percent of the children in local programs to be from families who do 
not meet these low-income criteria. The Act also requires that a 
minimum of 10 percent of the enrollment opportunities in each program 
be made available to children with disabilities. Such children are 
expected to participate in the full range of Head Start services and 
activities with their peers who do not have disabilities and to receive 
necessary special education and related services.

II. Background

    Since the program's inception, Head Start grantee and delegate 
agencies have been required to use data from a community assessment as 
required by 45 CFR 1305.3, to design programs that support individual 
family goals. As a result, over the years, Head Start has developed 
program options, including the provision of comprehensive child 
development services in centers (the center-based option), in the 
child's home (the home-based option), or through a combination of 
center and home-based programming (combination option). With the 
issuance of this Notice of Proposed Rulemaking the Head Start Bureau is 
proposing to add family child care as a fourth Head Start program 
option.
    In keeping with the goal of designing programs to meet community 
and family needs, some Head Start agencies have identified family child 
care as an approach they would like to be able to offer to families in 
their community. Many families believe their children will benefit from 
a home-like setting and Head Start agencies have found that family 
child care is a suitable arrangement for such families when they are 
working or are in training, or when they need care for more than one 
child.
    The formal recognition of this setting as an option in Head Start 
is particularly timely given the changing circumstances in many 
communities where an increased number of families are moving into 
employment as the result of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193 
which created the Temporary Assistance for Needy Families (TANF) 
program. To support parents as they pursue training opportunities and 
seek and maintain employment, Head Start is committed to providing more 
opportunities for full day services. We are also committed to providing 
full day services through partnerships with other community agencies. 
Because family circumstances vary, full day services may include 
extended hours of care during non-traditional times such as evenings 
and weekends. The family child care option could be particularly 
appropriate in these and other situations and provide grantees with 
more flexibility in designing full day services to meet the needs of 
individual families. Early Head Start programs, in particular, may 
choose the home-like setting of family child care with smaller numbers 
of children for serving infants and toddlers from families that are 
working or in training as a result of TANF. Family child care can also 
be a particularly appropriate Head Start option for programs in rural 
areas where families are widely dispersed, where there is a shortage of 
facilities, and for children whose needs are better met in small-group 
settings.
    Family child care has long been discussed as a possible option in 
Head Start. Since 1970, Head Start has served as a catalyst for 
promoting discussions and collaborations among a variety of 
organizations and agencies interested in expanding Head Start services 
to include family child care. With the intent of increasing the 
availability of family child care services beginning in 1984 and 
continuing through 1997, a number of Head Start grantees established 
family child care homes through innovative demonstration grants and 
program expansions. In keeping with its role as the national laboratory 
for the field of child development and early education, the Head Start 
Bureau funded these demonstration projects to provide resources and 
leadership in the implementation of family child care programs in Head 
Start settings. This effort helped agencies meet community and family 
needs, as well as provided opportunities for sharing experiences among 
the participating agencies and for networking with others with similar 
interests and experiences.
    To help raise the level of quality in the family child care 
community and to support agencies in delivering Head Start's 
comprehensive child development services within the family child care 
setting, the Head Start Bureau has engaged in major initiatives to 
promote the professional development of family child care staff, 
including establishing the Child Development Associate (CDA) credential 
for family

[[Page 52395]]

child providers. This nationally awarded credential is recognized in 47 
States as meeting staff qualifications for child care licensing. To 
promote developmentally appropriate programming for infants, toddlers, 
and preschoolers in family child care settings, Head Start has 
supported the development of a curriculum/training program, ``The 
Creative Curriculum for Family Child Care.'' Head Start has also 
engaged in extensive work with a satellite distance learning network 
and over 45 community colleges to offer family child care providers 
courses and other experiences relevant to family child care, leading to 
the award of the CDA credential. In 1988, Head Start collaborated with 
the State of Washington and local community colleges to support the Job 
Training Partnership Act (JTPA) and Welfare Reform by providing 
education and credentialing opportunities for family child care 
providers, including Head Start parents.
    From 1992 to 1997, the Head Start Bureau conducted an ``Evaluation 
of the Head Start Family Child Care Homes' Demonstration'' to determine 
whether the services provided in family child care settings could meet 
the Head Start Program Performance Standards and have impacts 
comparable to those of children and families enrolled in center based 
programs. Based on the data derived from this study, family child care 
was found to be a viable setting for providing comprehensive Head Start 
services at costs comparable to those for full-day center-based 
services. Although the study focused on programs serving four year old 
children, the findings show that services delivered in a family child 
care setting can meet Head Start standards of quality and can produce 
similar outcomes for children and families.
    Based on these experiences and initiatives, the Head Start Bureau 
identified indicators of quality family child care. These quality 
indicators include: use of licensed homes; very small groups of 
children, especially when infants and toddlers are enrolled; qualified 
family child care providers with suitable training and experience; 
implementation of a curriculum based on sound child development 
principles; the integral involvement of parents; and the provision of 
strong support from the Head Start program to providers, including paid 
staff to assist the family child care provider as needed and ongoing 
oversight of the family child care provider by qualified and 
experienced staff.
    Through these demonstration efforts and through recent expansion of 
Head Start and Early Head Start enrollment, approximately five percent 
of programs currently provide family child care to some of their 
children and families. Approximately 5,000 children are enrolled in 
these programs. We expect this number to increase as family child care 
becomes a formal option in Head Start.
    In the past few years, the Head Start Bureau has convened several 
groups of representatives from a cross section of for-profit and non-
profit family child care programs, other organizations and agencies, 
experts, and parents to advise the Bureau regarding various aspects of 
family child care programming. The family child care issues addressed 
by these groups included staff-child ratios, staff qualifications, 
oversight and support for the family child care provider, and 
utilization of multiple funding sources. Informed by years of 
experience, and by a wide range of individuals and groups, as well as 
the findings of the evaluation study, the Head Start Bureau is 
proposing that family child care become a Head Start program option.
    All Early Head Start and Head Start programs must implement the 
Head Start Program Performance Standards as revised. The revised 
standards (45 CFR part 1304) were published in the Federal Register (61 
FR 57186) on November 5, 1996, and were effective January 1, 1998. The 
standards encompass Early Childhood Development and Health Services 
which includes child health and developmental services, education and 
early childhood development, child health and safety, child nutrition, 
and child mental health; Family and Community Partnerships; and Program 
Design and Management which includes program governance, management 
systems and procedures, human resources management, and facilities, 
materials and equipment. Programs providing Head Start services through 
the family child care program option would likewise be required to 
implement the Head Start Program Performance Standards, 45 CFR part 
1304. Under 45 CFR part 1304, grantee and delegate agencies also must 
implement the requirements set forth in 45 CFR parts 1301, (Head Start 
Grants Administration), 1302 (Policies and Procedures for Selection, 
Initial Funding, and Refunding of Head Start Grantees, and for 
Selection of Replacement Grantees), 1303 (Appeal Procedures for Head 
Start Grantees and Current or Prospective Delegate Agencies), 1305 
(Eligibility, Recruitment, Selection, Enrollment and Attendance in Head 
Start), 1306 (Head Start Staffing Requirements and Program Options), 
and 1308 (Head Start Program Performance Standards on Services for 
Children with Disabilities).
    Several program elements are unique to family child care and thus 
are not addressed specifically in the Head Start Program Performance 
Standards. These elements include the hours and days of operation; the 
qualifications of the family child care staff; the approval by the 
policy council of contracted family child care teachers; group size and 
composition; indoor and outdoor space; content of pre- and in-service 
training for family child care teachers; specific health and safety 
issues related to providing Head Start services in home settings; and 
certain aspects of management policies and procedures.
    Other program elements, such as child development and education, 
the proportionate representation of parents on policy groups, and the 
conduct of home visits are addressed in the revised Head Start Program 
Performance Standards and are made applicable to the Head Start family 
child care program option. In addition to the Head Start Program 
Performance Standards and other Head Start regulations, we are 
proposing that Early Head and Head Start grantee and delegate agencies 
implementing the family child care services option must ensure that the 
program requirements in this NPRM are met. Also, Early Head Start 
programs are required to ``provide early, continuous, intensive and 
comprehensive child development and family supportive services on a 
year-round basis''. This requirement can be found in the Federal 
Register publication of April 17, 1997 (62 FR 18966). Therefore, 
grantee and delegate agencies providing Early Head Start services 
through the family child care program option must provide these 
services year round.

III. Authority for the Proposed Regulation

    The authority for this Notice of Proposed Rulemaking (NPRM) is the 
Head Start Act, section 644(c); 42 U.S.C. 9839(c).

IV. Section by Section Discussion of the NPRM

    This NPRM proposes amendments to 45 CFR part 1306 so that Early 
Head Start and Head Start grantees will have the option of providing 
family child care services under the Head Start program. This NPRM also 
proposes amendments to 45 CFR part 1304 to support program requirements 
which are in keeping with providing a comprehensive child development 
Head Start program in the center-based,

[[Page 52396]]

home-based and combination program options. In addition, this NPRM 
makes other conforming changes as necessary.

45 CFR Part 1306

Definitions--Sec. 1306.3
    A new paragraph (n) has been added which defines ``Family Child 
Care'' as child care and education provided to children in a private 
home or other family-like setting other than the child's own home. 
``Head Start Family Child Care'' means Head Start, Early Head Start and 
child care services provided to a small group of children, in a home or 
family-like setting, by an individual teacher.
    A new paragraph (o) has been added which defines ``Family child 
care program option'' to mean Head Start and Early Head Start services 
provided to children receiving child care primarily in a home or home-
like setting other than the child's own home. Comprehensive child 
development services are delivered to Head Start and Early Head Start 
children primarily in the home of a child care teacher or other family-
like setting, such as an apartment in a public housing complex which 
has been set aside for the provision of child care services under the 
auspices of an Early Head Start or Head Start program.
    In new paragraph (p), ``Family child care teacher'' is defined as 
the provider of Head Start services in his or her residence or in 
another family-like setting such as an apartment in a public housing 
complex, set aside for this purpose. The designation of ``teacher'' 
conveys the importance of the qualifications they must have to 
participate in Head Start. The ``Family child care teacher'' must meet 
certain ``professional'' qualifications such as a degree in early 
childhood development or a CDA or equivalent. (In non-Head Start 
settings the family child care teacher is generally referred to as a 
``provider'' or ``caregiver.'')
Program Staffing Patterns--Sec. 1306.20
Section 1306.20(g)
    Because the family child care teacher is generally the only adult 
on the premises, it is imperative that the group size allow, in an 
emergency, the teacher to evacuate all of the children from the home at 
the same time. Therefore, we propose a new paragraph (g) which requires 
that grantee and delegate agencies operating the family child care 
program option must ensure that, in any family child care home, at any 
time when Early Head Start or Head Start children are enrolled, there 
are no more than six children under the age of 6, including those of 
the family child care teacher. No more than two of these six children 
may be under the age of three.
    In keeping with the staff-child ratio for center-based Early Head 
Start, the maximum group size is four children when serving more than 2 
infants and toddlers (under the age of three). No more than two of 
these four children may be under the age of two. This maximum group 
size of four, includes the family child care teacher's own children up 
to the age of six.

                           Maximum Under Age 6
                      [Includes teacher's children]
------------------------------------------------------------------------
                6 children                           4 children
------------------------------------------------------------------------
Only 2 can be under age 3.................  When more than 2 are under
                                             age 3, the maximum is 4 and
                                             only 2 of the 4 can be
                                             under age 2.
------------------------------------------------------------------------

    These group sizes may vary depending on the special needs of the 
children served. Also, that where State/local or tribal requirements 
are more stringent, the State/local or tribal requirements will 
control.
Section 1306.20(h)
    We propose that grantee and delegate agencies operating the family 
child care program option ensure that there is oversight and support 
for family child care teachers at the ratio of one child development 
specialist to no more than twelve family child care homes.
    Part-time child development specialists must be responsible for a 
proportionate number (i.e., half-time coordinators must be responsible 
for no more than six family child care homes.) Adjustments to these 
ratios must be made for programs where distance or other factors would 
decrease the time available for mentoring and technical assistance. The 
ratio of one child development specialist to a maximum of 12 family 
child care teachers, is similar to the staffing pattern in the Head 
Start home-based program option, where one qualified home visitor works 
with 10 to 12 families, meeting with each family for one hour and a 
half each week. We propose this requirement to ensure the provision of 
quality child development and education services and because family 
child care teachers generally work alone and are isolated from other 
child development professionals.
    At a minimum, the responsibilities of the child development 
specialist shall include both announced and unannounced visits to each 
family child care home, with at least one ninety minute visit per week. 
These visits are to enhance, not supplant, the capacity of the family 
child care teacher to provide positive, developmental experiences for 
the children.
    During these visits, the child development specialist must observe 
the family child care teacher and the program being provided to the 
children, conduct health and safety checks of the home, observe and 
assess the implementation of the curriculum and the child development 
and education services provided to the children, provide on-site 
guidance, mentoring, training and technical assistance to the family 
child care teacher and assist the family child care teacher with the 
development of collegial or mentoring relationships with other child 
care professionals. This mentoring is designed to assure that each 
family child care teacher implements a program which promotes school 
readiness by supporting age-appropriate experiences.
Section 1306.20(i) .
    In order that family child care staff and families are fully 
integrated into the agency's management and programmatic systems, in a 
new paragraph (i), grantee and delegate agencies must formally assign 
family child care program responsibilities to agency staff.
Section 1306.20(j)
    To ensure that all program services are available to the children 
and families enrolled in the family child care program option, 
including children with disabilities, a new paragraph (j) requires that 
family child care teachers are regularly supported by other grantee or 
delegate agency staff with responsibilities related to the provision of 
comprehensive Head Start service areas, as specified in 45 CFR Parts 
1304 and 1308. Comprehensive Head Start services include Early 
Childhood Development and Health Services (child health and 
developmental services, education and early childhood development, 
child health and safety, child nutrition and child mental health); 
Family and Community Partnerships; and Program Design and Management 
(program governance, management systems and procedures, human resources 
management, and facilities, materials and equipment).
Family Child Care Program Option--Sec. 1306.35
    Current section 1306.35 has been redesignated as section 1306.36 
and a new section 1306.35 on the family child care program option has 
been added.

[[Page 52397]]

Section 1306.35(a)
    Paragraph (a)(1) sets forth requirements related to the minimum 
hours, days and months of operation for the family child care program 
option. Paragraph (a)(2)(i) requires that the grantee and delegate 
agencies have available homes capable of serving children and parents 
with disabilities affecting mobility. Paragraph (a)(2)(ii) ensures that 
children with disabilities enrolled in family child care programs are 
provided a schedule of services which supports their participation in 
early intervention, special education and related services required by 
their Individual Education Plan (IEP) and Individual Family Service 
Plan (IFSP); and are provided with a teacher with appropriate training. 
Paragraph (a)(3) sets forth the requirement that family child care 
homes have sufficient usable indoor and outdoor space to enable 
children to participate in developmentally appropriate activities that 
foster their development. Paragraph (a)(4) requires that the Policy 
Council be included in decisions to hire or terminate contracted family 
child care teachers.
Section 1306.35(b)
    Paragraph (b)(1) requires grantees and delegate agencies to ensure 
the health and safety of enrolled children by developing and 
implementing a safety plan which addresses various aspects of the 
family child care homes. Paragraph (b)(2) requires precautions to 
reduce the risk of injury to children by: Keeping them away from 
hazardous situations; installing smoke and carbon monoxide detectors in 
space occupied by children; and removing weapons, alcohol, drugs, and 
animals from space occupied and accessible to the children.
Section 1306.35(c) and (d)
    Paragraph (c) requires grantee and delegate agencies to develop, 
with the family child care teachers, emergency coverage plans to 
address health and safety emergencies. Paragraph (d) contains a 
requirement that the grantee must meet State, Tribal, and local 
licensing requirements that are applicable. These licensing 
requirements may be more stringent than Head Start program 
requirements, in which case the State, Tribal, and local requirements 
take precedence. Grantee and delegate agencies are required to comply 
with the more stringent regulations (whether they be Head Start, State, 
Tribal or local).
Newly Redesignated Sec. 1306.36, Additional Head Start Program Options 
Variations, and Sec. 1306.37, Compliance Waiver
    Current Sec. 1306.35 has been redesignated as section Sec. 1306.36. 
Current Sec. 1306.36 has been redesignated as section 1306.37. Both of 
the newly redesignated sections have been revised to add references to 
the new family child care program option.

45 CFR Part 1304

Human Resources Management--Sec. 1304.52
Staff Qualification Requirements--Sec. 1304.52(h)
    We propose to amend Sec. 1304.52 by redesignating paragraphs (h) 
through (k) as (i) through (l), and adding a new paragraph (h) that 
sets forth specific requirements regarding staffing qualifications for 
the family child care option. The requirements at the new paragraph 
(h)(1) provide that family child care teachers have previous child care 
experience and, at a minimum, possess, within one year of becoming a 
Head Start Family Child Care teacher or within one year of the 
effective date of this regulation, an Associate or Bachelors degree in 
child development or early childhood education or a Child Development 
Associate (CDA) credential as a Family Day Care Provider. Although this 
requirement may be challenging for some family child care teachers, it 
parallels the requirement that already exists in the Performance 
Standards for infant/toddler teachers. Similarly, we expect the same 
level of success in achieving this requirement for family child care 
teachers as we have had in credentialing infant/toddler teachers. 
Although this requirement may be challenging for some family child care 
teachers, it parallels the requirement that already exists in the 
Performance Standards for infant/toddler teachers. Similarly, we expect 
the same level of success in achieving this requirement for family 
child care teachers as we have had in credentialing infant/toddler 
teachers. Paragraph (h)(2) provides that family child care teachers 
have specific knowledge and experience necessary to foster the 
education and development of very young children and their families.
    Paragraph (h)(3) requires that grantees and delegate agencies make 
alternative arrangements for the care of children when the family child 
care teacher is unavailable to provide care or the family child care 
home is unsuitable because of a structural deficiency or other hazard.
    Paragraph (h)(4) states that substitute family child care teachers 
must receive initial and ongoing training and have the knowledge and 
experience to implement the family child care program.
    Paragraph (h)(5) requires that staff providing oversight and 
support to family child care teachers must be qualified as child 
development specialists at the time of hire and must have, at a 
minimum, an Associate degree in child development or early childhood 
education.
    Paragraph (h)(6) specifies the knowledge and experience the child 
development specialist must have, including the theories and principles 
of child growth and development, early childhood education (birth to 
five), and family support. The child development specialist must also 
have previous child care experience, knowledge and understanding of the 
CDA standards for family child care providers, and knowledge and 
understanding of the Head Start Program Performance Standards and other 
Head Start regulations.
Training--Sec. 1304.52(l) (currently Sec. 1304.52(k))
    Newly redesignated paragraph (l) on training and development in 
Sec. 1304.52 is proposed to be amended by adding new paragraph (l)(5) 
that addresses training requirements for those grantees that provide 
services under the family child care program option. The training for 
family child care teachers and other staff working in family child care 
must develop knowledge of infant, toddler, and preschool development; 
the implementation of the agency's curriculum; safety issues in child 
care; and childhood health and illnesses. The training includes 
communicating effectively with infants, toddlers and preschoolers, 
their parents, and other adults as well as certification in 
cardiopulmonary resuscitation (CPR). In addition, it also includes 
information and skill development required for working with children 
with disabilities; provision of support to families, and the knowledge 
necessary to identify and report suspected child abuse or neglect 
information. Training is also provided in methods for maintaining 
sanitation and hygiene and participation in training provided for the 
United States Department of Agriculture (USDA) Child and Adult Care 
Food Program.

V. Impact Analyses

Executive Order 12866

    Executive Order 12866 requires that regulations be drafted to 
ensure that

[[Page 52398]]

there is consistency with the priorities and principles set forth in 
the Executive Order. The Department has determined that this rule is 
consistent with these priorities and principles. This NPRM proposes a 
program option, which will not require grantees to expend a significant 
amount of funds. Agencies choosing to operate this program option will 
not incur significant costs exceeding those costs incurred to deliver 
Head Start services in other program settings, such as in center-based 
or home-based settings and options.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
the Federal government anticipate and reduce the impact of rules and 
paperwork requirements on small businesses. For each rule with a 
``significant economic impact on a substantial number of small 
entities'' an analysis must be prepared describing the rule's impact on 
small entities.
    Small entities are defined by the Act to include small businesses, 
small non-profit organizations and small governmental entities. This 
rule will affect small entities. In keeping with the goal of designing 
programs to meet community and family needs, Head Start agencies have 
identified family child care as a preferred option for parents who 
believe their children will benefit from a home-like setting.
    Head Start agencies also have found that family child care is a 
suitable option for parents who are working or in training, or when 
families need care for more than one child. While we have no measure at 
this point to estimate the number of grantees that are small entities 
which will choose the family child care option, we believe the number 
which will choose it will not be significant at this time, given the 
newness of the option and diversity of needs across the country. For 
this reason, the Secretary certifies that this rule will not have a 
significant impact on substantial numbers of small entities.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval any reporting or record-keeping 
requirements inherent in a proposed or final rule. This NPRM does not 
contain any information collection or record-keeping requirements.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1532) requires that a covered agency prepare a budgetary impact 
statement before promulgating a rule that includes any Federal mandate 
that may result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.
    If a covered agency must prepare a budgetary impact statement, 
section 205 further requires that it select the most cost-effective and 
least burdensome alternative that achieves the objectives of the rule 
and is consistent with the statutory requirements. In addition, section 
205 requires a plan for informing and advising any small government 
that may be significantly or uniquely impacted by the proposed rule.
    We have determined that this final rule will not impose a mandate 
that will result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million in any one year. Accordingly, we have not prepared a 
budgetary impact statement, specifically addressed the regulatory 
alternatives considered, or prepared a plan for informing and advising 
any significantly or uniquely impacted small government.

Congressional Review of Rulemaking

    This rule is not a ``major'' rule as defined in Chapter 8 of 5 
U.S.C.

The Family Impact Requirement

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 (Pub. L. 105-277, Div. A, section 101(h)) requires a family 
impact assessment affecting family well-being.

Family Impact

    Many parents, especially those from low-income families, work 
during non-traditional hours, and their work schedules often change 
from week to week. The Head Start family child care option will ensures 
the availability of quality child care during both traditional and non-
traditional work hours. Head Start family child care also provides a 
network that ensures training to increase the competence of the family 
child care teacher as well as a system of back-up in the event that he 
or she is unavailable. Allowing parents to place their Early Head Start 
or Head Start children as well as school-age children in the care of 
one provider will decease the number of stops they must make to drop 
children off prior to going to work. The availability of family child 
care increases the choices available to parents by ensuring that their 
children are well cared for, and ensures that parents are not 
distracted from their work by worrying about the dependability and 
quality of care being provided to their children. This will increase 
family financial stability by enabling parents to secure and keep jobs. 
Many low-income workers have minimal leave and little flexibility in 
their work schedules and are unable to take time off to compensate for 
unreliable care or to make numerous phone calls to ensure the safety 
and well-being of their children. Head Start ensures a level of quality 
care for children, as well as back-up systems, thereby promoting family 
stability.

List of Subjects

45 CFR Part 1304

    Dental health, Education of disadvantaged, Grant program--social 
programs, Health care, Mental health programs, Nutrition, Reporting and 
recordkeeping requirements.

45 CFR Part 1306

    Education of disadvantaged, Grant program--social programs.

(Catalog of Federal Domestic Assistance Program Number 93.600, 
Project Head Start)

    Dated: December 14, 1999.
Olivia A. Golden,
Assistant Secretary for Children and Families.

    Approved: May 9, 2000.
Donna E. Shalala,
Secretary.
    For the reasons set forth in the preamble, we propose to amend 45 
CFR parts 1304 and 1306 to read as follows:

PART 1304--PROGRAM PERFORMANCE STANDARDS FOR OPERATION OF HEAD 
START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES

    1. The authority citation for part 1304 continues to read as 
follows :

    Authority: 42 U.S.C. 9801 et seq.

    2. Amend section 1304.52 by redesignating paragraphs (h) through 
(k) as (i) through (l), adding a new paragraph (h), and adding in the 
newly redesignated paragraph (l), new paragraph (l)(5) to read as 
follows:


Sec. 1304.52  Human resources management.

* * * * *
    (h) Family child care staff. (1) Family child care teachers must 
have previous child care experience and, at a minimum, possess either 
an Associate or Bachelor's degree in child development or early 
childhood education or a Child Development

[[Page 52399]]

Associate (CDA) credential as a Family Day Care Provider. Head Start 
Family Child Care teachers, as employees of the grantee or delegate 
agency or as contracted Head Start family child care teachers must meet 
this requirement within one year of hire or one year of [the effective 
date of the final rule].
    (2) Head Start Family child care teachers must have the knowledge 
and experience necessary to develop consistent, stable and supportive 
relationships with very young children and their families, and 
sufficient knowledge to implement the Head Start Program Performance 
Standards and other applicable Head Start regulations.
    (3) Grantee and delegate agencies operating the family child care 
program option must ensure alternative arrangements for the care of 
children enrolled in the Head Start family child care option when the 
teacher or a family member in the home is ill, or when the teacher is 
in training or on vacation. Alternative arrangements also must be 
available when the physical setting is temporarily unsuitable for 
children, because of interruption of heat or plumbing or other 
temporary circumstances, such as spraying for pest control or repairs 
and maintenance that may pose a hazard to children (see 
Sec. 1304.53(a)(8)).
    (4) When grantee and delegate agencies provide substitute or 
additional staff to assist the family child care teacher, such staff 
must receive initial and ongoing training and have the knowledge and 
experience to implement the Head Start family child care program.
    (5) At the time of hire, the child development specialists must 
have, at a minimum an Associate degree in child development or early 
childhood education.
    (6) Child development specialists must have knowledge and 
experience in areas that include the theories and principles of child 
growth and development, early childhood education (birth to five), and 
family support. Child development specialists must have previous child 
care experience, knowledge and understanding of the Child Development 
Associate (CDA) Competency Standards for Child Care Providers and 
knowledge and understanding of the Head Start Program Performance 
Standards and other Head Start regulations.
* * * * *
    (1) * * *
    (5) In addition, grantee and delegate agencies operating a family 
child care program option must provide training for family child care 
staff which:
    (i) Develops knowledge of infant, toddler and preschool age child 
development;
    (ii) Includes ongoing training on the implementation of the 
agency's curriculum for children from birth to five years (see 
Sec. 1304.3(a)(5) for the definition of curriculum);
    (iii) Includes information and skill development for working with 
children with disabilities;
    (iv) Includes methods in communicating effectively with infants, 
toddlers and preschoolers, their parents, and other adults;
    (v) Develops knowledge of safety issues in child care, childhood 
health and illnesses, and certification in cardiopulmonary 
resuscitation (CPR);
    (vi) Includes identifying and reporting suspected child abuse or 
neglect;
    (vii) Includes information and methods for maintaining appropriate 
sanitation and hygiene;
    (viii) Incorporates information on the United States Department of 
Agriculture's (USDA) Child and Adult Care Food Program; and
    (ix) Other training necessary to increase the knowledge and skills 
of the family child care staff, such as the provision of family 
support.

PART 1306--HEAD START STAFFING REQUIREMENTS AND PROGRAM OPTIONS

    3. The authority citation for part 1306 continues to read as 
follows:

    Authority: 42 U.S.C. 9801 et seq.

    4. Amend section 1306.3 by adding new paragraphs (n), (o), and (p) 
to read as follows:


Sec. 1306.3  Definitions.

* * * * *
    (n) Family child care is non-residential care and education 
provided to children in a private home or other family-like setting, 
other than the child's own home. Head Start family child care means 
Head Start, Early Head Start, and child care services provided to a 
small group of children in a home or family-like setting, by an 
individual teacher.
    (o) Family child care program option means Head Start and Early 
Head Start services provided to children receiving child care primarily 
in the home of a family child care teacher or other family-like 
setting, such as an apartment in a public housing complex which has 
been set aside for the provision of child care services under the 
auspices of an Early Head Start or Head Start grantee or delegate 
agency.
    (p) Family child care teacher means the provider of Early Head 
Start or Head Start services in his or her place of residence or in 
another family-like setting, such as an apartment in a public housing 
complex, set aside specifically for this purpose.
    5. Amend section 1306.20 by adding new paragraphs (g), (h), (i), 
and (j) to read as follows:


Sec. 1306.20  Program staffing patterns.

* * * * *
    (g) Grantee and delegate agencies operating the family child care 
program option must ensure that in each family child care home, at any 
time when Early Head Start or Head Start children are enrolled, the 
group size limits specified in this paragraph apply. At all times, the 
family child care teacher's own children under the age of 6 must be 
included in the group count.
    (1) The maximum group size is six children and no more than two of 
the six children may be under the age of three years.
    (2) The maximum group size is four children when more than two 
children are under the age of three years. In such instances no more 
than two of these four children may be under the age of two years.
    (3) When serving children with special needs who require extra 
care, group sizes are smaller than the maximum allowed.
    (h)(1) Grantee and delegate agencies operating the family child 
care program option must ensure that there is oversight and program 
support for family child care teachers by a child development 
specialist and by other Head Start grantee or delegate agency staff 
with responsibilities related to the provision of comprehensive Head 
Start and Early Head Start services. Such oversight and support 
includes mechanisms for communicating with the family child care 
teacher at all times that Early Head Start or Head Start children are 
in his or her care.
    (2) A child development specialist working full time must be 
responsible for no more than twelve family child care homes, with part-
time child development specialists responsible for a proportionate 
number (e.g., half-time child development specialists must be 
responsible for no more than six family child care homes).
    (3) At a minimum, the responsibilities of the child development 
specialist shall include both announced and unannounced visits to each 
family child care home, with at least one ninety minute visit per week. 
These visits are to enhance, not supplant the capacity of the family 
child care teacher to implement the individualized child development 
curriculum.

[[Page 52400]]

    (4) During these visits, the child development specialist must 
conduct health, nutrition, and safety checks of the home; and must 
observe and assess curriculum implementation and the child development 
and education services provided to the children. The specialist shares 
his or her observations with the family child care teacher, provides 
on-site guidance, mentoring, training and technical assistance to the 
teacher, and assists the family child care teacher with the development 
of collegial or mentoring relationships with other child care 
professionals. This support helps to assure that each family child care 
teacher implement a program which promotes school readiness and 
individually age-appropriate experiences.
    (i) Grantee and delegate agencies operating the family child care 
program option must ensure that program management functions are 
formally assigned to grantee and delegate agency staff.
    (j) In order to assure that all program services are available to 
the children and families enrolled in the family child care program 
option, grantee and delegate agencies must ensure that family child 
care teachers are regularly supported by other Head Start and grantee 
or delegate agency staff with responsibilities related to the provision 
of comprehensive Head Start and Early Head Start services, including 
services for children with disabilities. These comprehensive Head Start 
services are specified in 45 CFR Part 1304--Program Performance 
Standards for the Operation of Head Start Programs by Grantee and 
Delegate Agencies, and 45 CFR Part 1308--Head Start Program Performance 
Standards on Services for Children with Disabilities.
    6. Sections 1306.35 and 1306.36 are redesignated as Secs. 1306.36 
and 1306.37, respectively, and revised, and a new Sec. 1306.35 is added 
to read as follows:


Sec. 1306.35  Family child care program option.

    (a) Grantee and delegate agency implementation. Grantee and 
delegate agencies implementing the family child care program option 
must:
    (1) Hours of operation. Ensure that each family child care home 
operates year round five or more days per week for more than six hours 
per day.
    (2) Serving children with disabilities.
    (i) Ensure the availability of family child care homes capable of 
serving children and parents with disabilities affecting mobility; and
    (ii) Ensure that children with disabilities enrolled in family 
child care are provided services which support their participation in 
the early intervention, special education, and related services 
required by there IEP or IFSP, and that the child's teacher has 
appropriate knowledge, training and support.
    (3) Program space--indoor and outdoor. Ensure that each family 
child care home has identified sufficient indoor and outdoor space 
which is usable and available to the children. This space allows 
children to be supervised and safely participate in developmentally 
appropriate activities and routines that foster their cognitive, socio-
emotional, and physical development, including both gross and fine 
motor, as defined in 45 CFR 1304.53(a)(1) and (2) and 1304.53(b).
    (4) Policy Council role. Ensure that the Policy Council is included 
in decisions to hire or terminate contracted Head Start family child 
care teachers (see 45 CFR 1304.50(d)(1)(x) and (xi)).
    (b) Facilities.--(1) Safety plan. Grantees and delegate agencies 
operating the family child care program option must have a plan in 
place that ensures the health and safety of children and includes, at a 
minimum, an annual safety inspection of each family child care home as 
described in 45 CFR 1304.53(a)(10). These inspections must be 
supplemented by regular observations of the family child care home that 
are made by the child development specialist. The plan must describe 
the policies and procedures in place to ensure that identified concerns 
are addressed in a timely manner.
    (2) Injury prevention. Grantee and delegate agencies must ensure 
that:
    (i) Children are kept away from potentially hazardous situations 
such as heat sources in the family child care home. Children are 
restricted from hot food preparation areas and appliances such as 
refrigerators, stoves, ovens, microwave ovens, utensils and trash cans 
at all times. There are no insects, rodents, or other pests that pose a 
health hazard, and pest control does not take place while children are 
present;
    (ii) Smoke and carbon monoxide detectors are installed in spaces 
occupied by children;
    (iii) Radon detectors are installed in family child care homes 
where basements are devoted to the program;
    (iv) Children are directly supervised at all times;
    (v) Enhanced supervision is provided when children are near a body 
of water, a heat source, and when they are being transported;
    (vi) All water hazards, such as pools and standing water, are 
enclosed with a fence and safeguarded to ensure that they cannot be 
accessed;
    (vii) There are no firearms or other weapons kept in space occupied 
or accessible to children;
    (viii) Alcohol and other drugs are not accessible to children or 
consumed when children are present; and
    (ix) Domestic animals are properly immunized, free of disease, 
appropriately restrained, and kept from the children.
    (c) Emergency coverage plans. Grantee and delegate agencies 
operating the family child care option must have an ``Emergency 
Coverage Plan''. This plan is developed by the family child care 
teacher and the grantee, and describes what is to be done in the event 
of a health emergency or illness. The family child care teacher must 
identify a qualified person who would quickly be able to care for the 
children in the event of an emergency of the teacher or family members.
    (d) Licensing requirements. Grantees must meet State, Tribal and 
local licensing requirements for family child care facilities. In cases 
where licensing requirements are less comprehensive or stringent than 
the Head Start regulations, grantee and delegate agencies are required 
to comply with the Head Start regulations. The Tribal, State and local 
licensing requirements take precedence if they are more stringent than 
the requirements for the Head Start family child care program option.


Sec. 1306.36    Additional Head Start program option variations.

    In addition to the center-based, home-based, combination program, 
and family child care program options defined in this part, the 
Commissioner of the Administration on Children, Youth and Families 
retains the right to fund alternative program variations to meet the 
unique needs of communities or to demonstrate or test alternative 
approaches for providing Head Start services.


Sec. 1306.37  Compliance waiver.

    An exception to one or more of the requirements contained in 
Secs. 1306.32, 1306.33, 1306.34, and 1306.35 will be granted only if 
the Commissioner of the Administration on Children, Youth and Families 
determines, on the basis of supporting evidence, that the grantee made 
a reasonable effort to comply with the requirement, but was unable to 
do so because of limitations or circumstances of a specific community 
or communities served by the grantee.

[FR Doc. 00-21934 Filed 8-28-00; 8:45 am]
BILLING CODE 4184-01-P