[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Proposed Rules]
[Pages 35430-35564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14379]



[[Page 35429]]

Vol. 80

Friday,

No. 118

June 19, 2015

Part II





Department of Health and Human Services





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





Administration for Children and Families





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





45 CFR Chapter XIII, Subchapter B





Head Start Performance Standards; Proposed Rule

  Federal Register / Vol. 80 , No. 118 / Friday, June 19, 2015 / 
Proposed Rules  

[[Page 35430]]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Chapter XIII, Subchapter B

RIN 0970-AC63


Head Start Performance Standards

AGENCY: Office of Head Start, Administration for Children and Families 
(ACF), Department of Health and Human Services (HHS).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This NPRM proposes to update Head Start program performance 
standards, last revised in 1998, to meet Congress's requirements and 
improve the quality of Head Start. In the Improving Head Start for 
School Readiness Act of 2007, Congress instructed the Office of Head 
Start to update its performance standards by regulation and ``ensure 
that any such revisions in the standards [do] not result in the 
elimination of or any reduction in quality, scope, or types of health, 
educational, parental involvement, nutritional, social, or other 
services.'' The proposed performance standards incorporate extensive 
consultation with experts and findings from scientific research, 
reflect best practices, lessons from program input and innovation, 
integrate recommendations from the Secretary's Advisory Committee Final 
Report on Head Start Research and Evaluation, and reflect this 
Administration's deep commitment to improving the school readiness of 
young children. The proposed program performance standards will improve 
the quality of services, reduce bureaucratic burden on programs, and 
improve regulatory clarity and transparency. They provide a clear road 
map for current and prospective grantees to provide high quality Head 
Start services and to strengthen the outcomes of the children and 
families they serve.

DATES: Please submit comments on this NPRM by August 18, 2015.

ADDRESSES: Follow online instructions at www.regulations.gov to submit 
comments. This approach is our preferred method for receiving comments. 
Additionally, you may send comments via the United States Postal 
Service to: Office of Head Start, Attention: Director of Policy and 
Planning, 1250 Maryland Avenue SW., Washington, DC 20024.
    To ensure we can effectively respond to your comment(s), clearly 
identify the issue(s) on which you are commenting. Provide the page 
number, identify the column, and cite the paragraph from the Federal 
Register document, (i.e, On page 10999, second column, Sec.  
1305.6(a)(1)(i) . . .). All comments received are a part of the public 
record and will be posted for public viewing on www.regulations.gov, 
without change. That means all personal identifying information (such 
as name or address) will be publicly accessible. Please do not submit 
confidential information, or otherwise sensitive or protected 
information. We accept anonymous comments. If you wish to remain 
anonymous, enter ``N/A'' in the required fields.

FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Office of Head Start 
Policy and Planning Division Director, (202) 358-3263, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Tables
    a. Table A: Redesignation
    b. Table B: Distribution
III. Background
    a. Statutory Authority
    b. Expert and Stakeholder Consultation
    c. Overview of Major Proposed Revisions to Head Start 
Performance Standards
IV. Discussion of Proposed Rule
    a. Program Governance
    b. Program Operations
    1. Subpart A Eligibility, Recruitment, Selection, Enrollment and 
Attendance
    2. Subpart B Program Structure
    3. Subpart C Education and Child Development Program Services
    4. Subpart D Health Program Services
    5. Subpart E Family and Community Partnership Program Services
    6. Subpart F Additional Services for Children With Disabilities
    7. Subpart G Transition Services
    8. Subpart H Services to Enrolled Pregnant Women
    9. Subpart I Human Resource Management
    10. Subpart J Program Management and Continuous Program 
Improvement
    c. Financial and Administrative Requirements
    1. Subpart A Financial Requirements
    2. Subpart B Administrative Requirements
    3. Subpart C Protections for the Privacy of Child Records
    4. Subpart D Delegation of Program Operations
    5. Subpart E Facilities
    d. Federal Administrative Procedures
    1. Subpart A Suspension, Termination, Denial of Refunding, 
Reduction in Funding and Their Appeals
    2. Subpart B Designation Renewal
    3. Subpart C Selection of Grantees Through Competition
    4. Subpart D Replacement of American Indian/Alaska Native 
Grantee
    5. Subpart E Head Start Fellows Program
    e. Definitions
    f. Effective Dates
V. Regulatory Process Matters
    a. Regulatory Flexibility Act
    b. Regulatory Planning and Review Executive Order 12866
    1. Need for Regulatory Action: Increasing the Benefits to 
Society of Head Start.
    2. Cost and Savings Analysis
    i. Structural Program Option Provisions
    ii. Educator Quality Provisions
    iii. Curriculum and Assessment Provisions
    iv. Administrative/Managerial Provisions
    3. Regulatory Impact Analysis
    i. Cost-Benefit Analysis
    ii. Accounting Statement
    4. Distributional Effects
    5. Regulatory Alternatives
    c. Unfunded Mandates Reform Act
    d. Treasury and General Government Appropriations Act of 1999
    e. Federalism Assessment Executive Order 13132
    f. Congressional Review
    g. Paperwork Reduction Act of 1995

I. Executive Summary

    Head Start currently provides comprehensive early learning services 
to nearly 1 million children from birth to age five each year through 
nearly 50,000 classrooms, home-based programs, and family child care 
partners nationwide. Since its inception in 1965, Head Start has been a 
leader in helping children from low-income families reach kindergarten 
more prepared to succeed in school and in life. Head Start is a central 
part of this Administration's effort to ensure all children have access 
to high quality early learning opportunities and to eliminate the 
education achievement gap. This proposed regulation is needed to 
improve the quality of Head Start services so that programs have a 
stronger impact on children's learning and development. It also is 
necessary to streamline and reorganize the regulatory structure to 
improve regulatory clarity and transparency so that existing grantees 
can more easily run a high quality Head Start program and so that Head 
Start will be more approachable to prospective grantees. In addition, 
this regulation is necessary to reduce the bureaucratic burden on local 
programs that can interfere with high quality service delivery. Once 
realized, we believe these regulatory changes will help ensure every 
child and family in Head Start is receiving high quality services that 
will lead to greater success in school and in life.
    In 2007, Congress mandated Head Start revise the program 
performance standards and update and raise the education standards.\1\ 
Congress also

[[Page 35431]]

prohibited elimination of, or any reduction in, the quality, scope, or 
types of services in the revisions. Thus, these proposed regulatory 
revisions are additionally intended to meet the statutory requirements 
Congress put forth in the bipartisan reauthorization of Head Start in 
2007.
---------------------------------------------------------------------------

    \1\ See http://beta.congress.gov/crec/2007/11/14/CREC-2007-11-14-pt1-PgS14375-2.pdf
---------------------------------------------------------------------------

    Head Start program performance standards are the foundation on 
which programs design and deliver comprehensive, high quality 
individualized services to support the school readiness of children 
from low-income families. The first set of Head Start program 
performance standards were published in the 1970s. Since then, they 
have been revised following subsequent Congressional reauthorizations 
and were last revised in 1998. The program performance standards set 
forth the requirements local grantees must meet to support the 
cognitive, social, emotional, and healthy development of children from 
birth to age five. They encompass requirements to provide education, 
health, mental health, nutrition, and family and community engagement 
services, as well as rules for local program governance and aspects of 
federal administration of the program.
    This NPRM builds upon extensive consultation with researchers, 
practitioners, recommendations from the Secretary's Advisory Committee 
Final Report on Head Start Research and Evaluation \2\ and other 
experts, as well as internal analysis of program data and years of 
program input on the regulations. In addition, program monitoring has 
also provided invaluable experience regarding the strengths and 
weaknesses of the current regulations. Moreover, research and practice 
in the field of early childhood education has expanded exponentially in 
the 15 years since the regulations governing service delivery were last 
revised, providing a multitude of new insights on how to support 
improved child outcomes.
---------------------------------------------------------------------------

    \2\ Advisory Committee on Head Start Research and Evaluation: 
Final Report. (2012).
---------------------------------------------------------------------------

    The Secretary's Advisory Committee, which consisted of expert 
researchers and practitioners chartered to ``provide recommendations 
for improving Head Start program effectiveness'' concluded early 
education programs, including Head Start, are capable of closing the 
achievement gap by 20-50%, but that Head Start is not reaching its 
potential. As part of their work, the Committee provided 
recommendations for interpreting the results of both the Head Start 
Impact Study (HSIS),\3\ a randomized control trial study of children in 
Head Start in 2002-2003 through third grade, and the Early Head Start 
Research and Evaluation Project (EHSREP),\4\ which was initiated in 
1996 and followed children who were eligible to participate in Early 
Head Start. The Committee concluded that these findings should be 
interpreted in the context of the larger body of research that 
demonstrates that Head Start and Early Head Start ``are improving 
family well-being and improving school readiness of children at or 
below the poverty line in the U.S. today.'' The Committee agreed that 
the initial impact that both Head Start and Early Head Start have 
demonstrated ``are in line with the magnitude of findings from other 
scaled-up programs for infants and toddlers . . . \5\ and center-based 
programs for preschoolers . . .'' \6\ but also acknowledged that 
``larger impacts may be possible, e.g., by increasing dosage in EHS and 
Head Start or improving instructional factors in Head Start.'' The 
Committee also addressed the finding that these impacts do not seem to 
persist into elementary school, stating that the larger body of 
research on Head Start's impacts provides ``evidence of long-term 
positive outcomes for those who participated in Head Start in terms of 
high school completion, avoidance of problem behaviors, avoidance of 
entry into the criminal justice system, too-early family formation, 
avoidance of special education, and workforce attachment.'' Overall, 
the report determined that a key factor for Head Start to realize its 
potential is ``making quality and other improvements and optimizing 
dosage within Head Start [and Early Head Start].'' The proposed rule 
aims to capitalize on the advancements in research, available data, 
program input, and these recommendations in order to accomplish the 
critical goal of helping Head Start reach its full potential so that 
more children reach kindergarten ready to succeed.
---------------------------------------------------------------------------

    \3\ Puma, M., Bell, S., Cook, R., Heid, C., Broene, P., Jenkins, 
F., & Downer, J. (2012). Third grade follow-up to the Head Start 
impact study final report. U.S. Department of Health and Human 
Services Office of Planning, Research and Evaluation.
    \4\ Cohen, R. C., Vogel, C. A., Xue, Y., Moiduddin, E. M., 
Carlson, B. L., Twin Peaks Partners, L. L. C., & Kisker, E. E. 
(2010). Early Head Start Children in Grade 5: Long-Term Follow-Up of 
the Early Head Start Research and Evaluation Project Study Sample. 
Washington, DC: US Department of Health and Human Services, 
Administration for Children and Families, Office of Planning, 
Research, and Evaluation, (6933).
    \5\ U.S. Department of Health and Human Services, Administration 
for Children and Families. (2010). Office of Head Start Program 
Information Report, 2009-2010. Washington, DC.
    \6\ Vogel, C. A., Boller, K. A., Xue, Y., Blair, R., Aikens, N., 
Burwick, A., . . . Stein, J. (2011). Learning as we go: A first 
snapshot of Early Head Start programs, staff, families and children. 
Washington, DC: Office of Planning, Research and Evaluation, 
Administration for Children and Families, U.S. Department of Health 
and Human Services.
---------------------------------------------------------------------------

    This NPRM proposes numerous changes to strengthen program standards 
so that all children and families receive high quality services that 
will have a stronger impact on child development and outcomes and 
family well-being. We propose to significantly update and restructure 
the education and child development requirements to more effectively 
promote high quality teaching practices and stronger curriculum 
implementation to better support focus on the skill development and 
growth needed for success in kindergarten and beyond. As recommended by 
the Advisory Committee and mandated by statute, we propose to integrate 
the Head Start Child Outcomes Framework with instructional practices, 
curriculum, assessment, and research-based professional development. 
The Secretary's Advisory Committee and a growing body of research find 
that curriculum enhancements or curricula intensely focused on key 
areas of skill development have a greater impact on child outcomes. We 
neither propose nor prohibit specific curricula, but we do propose to 
enhance curricula standards as recommended by the Secretary's Advisory 
Committee and a growing body of research, and as required by the 2007 
Head Start Act.
    In addition, we propose to increase the positive impact of Head 
Start by increasing minimum hours and days of operation for most 
programs, which is aligned with recommendations from the Secretary's 
Advisory Committee. Our proposal is consistent with the higher dosage 
levels in many State pre-kindergarten programs that have shown strong 
effects, and it is supported by a strong body of research that 
demonstrates adequate exposure to learning opportunities is important 
for children at-risk for academic difficulties to make necessary gains. 
Research on the amount of time and type of activities needed to support 
effective teaching and curriculum practices for children who are behind 
also demonstrate the inadequacy of a half-day program. Children in Head 
Start programs operating under the current minimum requirements receive 
less than half the early learning services that many children receive 
in State pre-kindergarten and would receive at our new proposed 
minimums. Coupled with the proposed increases to education standards, 
we believe increasing the dosage minimums is essential to Head

[[Page 35432]]

Start's effort to prepare children to succeed in school and beyond. 
This proposal is also consistent with the President's FY2016 Budget, 
which requests funding to ensure that children in Head Start are served 
in full-day, full-year programs without compromising access to the 
program.
    We propose additional important changes to other areas of service 
delivery. We propose requirements to update the prioritization criteria 
for selection and recruitment, improve attendance, prohibit expulsion 
for challenging behaviors, and ensure critical supports for children 
and families experiencing homelessness and children in foster care. We 
propose to update services to children with disabilities and their 
families to ensure they receive the individualized services they need 
within inclusive settings to be successful. In addition, we retain 
family and community engagement as the foundations they have always 
been in Head Start, but propose to improve family services by 
integrating research-based practices, placing a stronger focus on 
services to improve parenting skills that support child learning, and 
providing greater local flexibility to help meet family needs. 
Moreover, we propose to require programs to collect, aggregate, and 
analyze data to achieve program performance goals and consistently work 
to improve quality, a key recommendation offered by the Secretary's 
Advisory Committee. Finally, we propose to address both Head Start and 
Early Head Start simultaneously throughout this NPRM, which represents 
a significant change from and improvement over the existing rule. The 
current rule addresses Early Head Start in a more piecemeal fashion, 
often making interpretation of the regulations unnecessarily complex.
    This NPRM additionally proposes to entirely reorganize the body of 
existing regulations in order to improve clarity and transparency to 
make it easier for programs to implement and for the public to 
understand the broad range of program services in Head Start. The 
current program performance standards have over 1400 provisions 
organized in 11 different sections that have been amended in a partial 
or topical fashion over the past 40 years. This has resulted in a 
somewhat opaque set of requirements that can be unnecessarily 
challenging to interpret and that overburdens current grantees with 
process-laden rules. We propose four distinct sections: (1) Program 
Governance, which outlines the requirements imposed by the Act on 
Governing Bodies and Policy Councils to ensure well-governed Head Start 
programs; (2) Program Operations, which outlines all of the operational 
requirements for serving children and families, from the universe of 
eligible children and the services they must be provided in education, 
health, and family and community engagement, to the way programs must 
use data to improve the services they provide; and (3) Financial and 
Administrative Requirements, which lay out the federal requirements 
that Head Start programs must adhere to because of overarching federal 
requirements or specific provisions imposed in the Head Start Act; and 
(4) Federal Administrative Procedures, which govern the procedures the 
responsible HHS official takes when determining the results of 
competition for all grantees, determining any actions against a 
grantee, and determining whether a grantee needs to compete for renewed 
funding and other procedures required for transparency in the Act. 
Though some current grantees might find the changes to regulatory 
numbers and placement initially confusing, we believe this 
reorganization will greatly enhance the understanding and 
implementation of Head Start rules both for current and prospective 
grantees.
    Within this large reorganization we also propose to reorganize 
specific sections and streamline provisions to make Head Start 
requirements easier to understand for all interested parties--grantees, 
potential grantees, other early education programs, and members of the 
general public. Subparts and their sections were reorganized to 
eliminate redundancy, and related requirements were grouped together 
instead of interspersed as they are in the existing rule. Additionally, 
we propose to systematically address the fact that many of our most 
critical provisions are buried in subparts of the existing regulation 
in a way that makes them difficult to find and interpret, and that does 
not reflect their centrality to the provision of high quality services. 
For example, the reorganization proposes to create new sections or 
subparts to highlight and expand, where necessary, upon these 
incredibly important requirements. These include the proposed subparts 
on education services, transition services, and services for enrolled 
pregnant women.
    In addition, we propose revisions throughout the NPRM to streamline 
requirements and minimize administrative burden on local programs. In 
total, we significantly reduce the number of requirements without 
compromising quality. We propose to move away from requiring written 
plans and prescribing how specific requirements should be achieved in 
order to give greater flexibility to programs in determining the best 
way to achieve their goals, without reducing expectations. For example, 
we strengthen health and safety standards but eliminate unnecessarily 
prescriptive regulations that were burdensome. We anticipate these 
proposed changes will help move Head Start away from a compliance-
oriented culture to an outcomes-focused one. Furthermore, we believe 
this will support better collaboration with other programs and funding 
streams. We recognize that grantees deliver services through a variety 
of modalities including child care and state pre-kindergarten programs 
that require the blending of funding streams and compliance with a host 
of regulations. Additionally, we propose to remove several overly 
prescriptive requirements related to policy groups, governing bodies, 
appeals, and audits.
    We also propose to include several provisions to support additional 
local flexibility to meet local community needs and to promote 
innovation and research. We propose to give Head Start programs 
additional flexibility in the structural requirements of program 
models, such as class size and service duration if they can demonstrate 
a locally-designed model is better for the children they serve. 
Further, in order to support continued research and innovation into 
effective curriculum and professional development models, we propose to 
permit local variations, giving flexibility from some of these 
requirements if the Head Start program works with research experts and 
evaluates the effectiveness of their model. We also propose to support 
local innovation by proposing that local programs can apply for a 
waiver for individual eligibility verification. This can allow better 
coordination with local early education programs without reducing 
quality standards. Collectively, these proposed changes will allow for 
the development of innovative program models, alleviate paperwork 
burdens, and support mixed income settings.
    We believe the benefits of these proposed changes will be 
significant for the children and families Head Start serves. 
Strengthening Head Start standards will improve child outcomes and 
promote greater success in school as well as produce higher returns on 
taxpayer investment. Reorganizing, streamlining, and reducing the 
regulations will make Head Start more approachable for potential 
grantees and less burdensome for existing grantees. These changes are 
central to the Administration's belief that every child

[[Page 35433]]

deserves an opportunity to succeed and that all children should 
graduate from high school college- and career-ready.

II. Tables

    In this NPRM, we propose to rearrange and renumber Head Start 
program performance standards under subchapter B at 45 CFR Chapter 
XIII. We believe our efforts will provide current and prospective 
grantees an organized road map on how to provide high quality Head 
Start services.
    We include redesignation and distribution tables to help the public 
readily locate current sections and provisions we propose to rearrange 
and renumber. Table A, the redesignation table, lists the current 
section and identifies the section we propose will replace it. Table B, 
the distribution table, lists current provisions and shows whether we 
removed, revised, or redesignated them.

                      Table A--Redesignation Table
------------------------------------------------------------------------
       Current section                      Proposed section
------------------------------------------------------------------------
1301.1.......................  1303.2
1301.20......................  1305
1301.10......................  1303.3
1301.11......................  1303.12
1301.20......................  1303.4
1301.21......................  1303.4
1301.30......................  1303.10
1301.31......................  1302.90, 1302.102
1301.32......................  1303.5
1301.33......................  1303.31
1301.34......................  1304.5, 1304.7
1302.1.......................  1304.1
1302.2.......................  1305
1302.5.......................  1304.2, 1304.3, 1304.4
1302.10......................  1304.20
1302.11......................  1304.20
1302.30......................  1304.30
1302.31......................  1304.31
1302.32......................  1304.32
1303.1.......................  1304.1, 1303.30
1303.2.......................  1305
1303.10......................  1304.1
1303.11......................  1304.2
1303.12......................  1304.3
1303.14......................  1304.4
1303.21......................  1304.7
1303.22......................  1304.7
1304.1.......................  1302.1
1304.3.......................  1305
1304.20......................  1302.42, 1302.33, 1302.41, 1302.61,
                                1302.46, 1302.63
1304.21......................  1302.30, 1302.31, 1302, 1302.35, 1302.60,
                                1302.90, 1302.34, 1302.33, 1302.46,
                                1302.21
1304.22......................  1302.47, 1302.92, 1302.15, 1302.90,
                                1302.41, 1302.42, 1302.46
1304.23......................  1302.42, 1302.44, 1302.31, 1302.44,
                                1302.90, 1302.31, 1302.46
1304.24......................  1302.46, 1302.45
1304.40......................  1302.50, 1302.52, 1302.80, 1302.18,
                                1302.34, 1302.51, 1302.30, 1302.18,
                                1302.81, 1302.46, 1302.52, 1302.70,
                                1302.71, 1302.72, 1302.22, 1302.82
1304.41......................  1302.53, 1302.63, 1302.70, 1302.71
1304.50......................  1301.1, 1301.4, 1302.102, 1301.3, 1301.5
1304.51......................  1302.101, 1302.90, 1303.23, 1302.102,
                                1301.3, 1303.32
1304.52......................  1302.101, 1302.91, 1302.90, 1302.91,
                                1302.21, 1303.3, 1302.93, 1302.94,
                                1302.92, 1301.2
1304.53......................  1302.31, 1302.21, 1302.47, 1302.22,
                                1302.23
1304.60......................  1302.102, 1304.2
1305.1.......................  1302.10
1305.2.......................  1305
1305.3.......................  1302.11, 1302.102, 1302.20
1305.4.......................  1302.12
1305.5.......................  1302.13, 1302.14,
1305.6.......................  1302.14
1305.7.......................  1302.12, 1302.15, 1302.70
1305.8.......................  1302.16
1305.9.......................  1302.18
1305.10......................  1304.4
1306.3.......................  1305
1306.20......................  1302.101, 1302.21, 1302.90, 1302.23,
                                1302.20
1306.21......................  1302.91
1306.23......................  1302.92
1306.30......................  1302.20, 1302.21, 1302.22, 1302.23
1306.31......................  1302.20
1306.32......................  1302.21, 1302.24, 1302.17, 1302.102,
                                1302.34, 1302.18
1306.33......................  1302.22, 1302.101 , 1302.91, 1302.35,
                                1302.44, 1302.23, 1302.31, 1301.4,
                                1302.47, 1302.45, 1302.24
1307.1.......................  1304.10
1307.2.......................  13051305

[[Page 35434]]

 
1307.3.......................  1304.11
1307.4.......................  1304.12
1307.5.......................  1304.13
1307.6.......................  1304.14
1307.7.......................  1304.15
1307.8.......................  1304.16
1308.1.......................  1302.60
1308.3.......................  1305
1308.4.......................  1302.101, 1302.61, 1302.63, 1303.75
1308.5.......................  1302.12, 1302.13
1308.6.......................  1302.33, 1302.42, 1302.34, 1302.33
1308.18......................  1302.47
1308.21......................  1302.61, 1302.62, 1302.34
1309.1.......................  1303.40
1309.2.......................  1303.41
1309.3.......................  1305
1309.4.......................  1303.42, 1303.44, 1303.45, 1303.48,
                                1303.50
1309.21......................  1305, 1303.51, 1303.48, 1303.50, 1303.46,
                                1303.47, 1303.48, 1303.55, 1303.3
1309.22......................  1303.49, 1303.51
1309.31......................  1303.44, 1303.47
1309.33......................  1303.56
1309.40......................  1303.53
1309.41......................  1303.54
1309.43......................  1303.43
1309.52......................  1303.55
1309.53......................  1303.56
1310.2.......................  1303.70
1310.3.......................  1305
1310.10......................  1303.70, 1303.71, 1303.72
1310.14......................  1303.71
1310.15......................  1303.72
1310.16......................  1303.72
1310.17......................  1303.72
1310.20......................  1303.73
1310.21......................  1303.74
1310.22......................  1303.75
1310.23......................  1303.70
------------------------------------------------------------------------


                                           Table B Distribution Table
----------------------------------------------------------------------------------------------------------------
          Current section                       Title                 Proposed section
----------------------------------------------------------------------------------------------------------------
1301...............................
1301.1.............................  Purpose and scope..........  1303.2.................  Redesignated.
1301.2.............................  Definitions................  1305...................
1301.10(a).........................  General....................  1303.3.................
1301.10(b)(1)......................  ...........................  .......................  Removed.
1301.10(b)(2)......................  ...........................  .......................  Removed.
1301.11(a).........................  Insurance and bonding......  1303.12................
1301.11(b).........................  ...........................  1303.12................
1301.12(a).........................  Annual Audit of Head Start   .......................  Removed.
                                      programs.
1301.12(a)(1)......................  ...........................  .......................  Removed.
1301.12(a)(2)......................  ...........................  .......................  Removed.
1301.12(a)(3)......................  ...........................  .......................  Removed.
1301.12(b).........................  ...........................  .......................  Removed.
1301.12(c).........................  ...........................  .......................  Removed.
1301.13(a).........................  Accounting system            .......................  Removed.
                                      certification.
1301.13(b).........................  ...........................  .......................  Removed.
1301.20(a).........................  Matching requirements......  1303.4.................
1301.20(a)(1)......................  ...........................  .......................  Removed.
1301.20(a)(2)......................  ...........................  .......................  Removed.
1301.20(a)(3)......................  ...........................  .......................  Removed.
1301.20(b).........................  ...........................  .......................  Removed.
1301.20(c).........................  ...........................  .......................  Removed.
1301.21............................  Criteria for increase in     1303.4.................
                                      Federal financial
                                      assistance.
1301.21(a).........................  ...........................  .......................  Removed.
1301.21(b).........................  ...........................  .......................  Removed.
1301.30............................  General requirements.......  1303.10................
1301.31(a).........................  Personnel policies.........  1302.90(a).............
1301.31(a)(1)......................  ...........................  .......................  Removed.

[[Page 35435]]

 
1301.31(a)(2)......................  ...........................  .......................  Removed.
1301.31(a)(3)......................  ...........................  .......................  Removed.
1301.31(a)(4)......................  ...........................  .......................  Removed.
1301.31(a)(5)......................  ...........................  .......................  Removed.
1301.31(a)(6)......................  ...........................  .......................  Removed.
1301.31(a)(7)......................  ...........................  .......................  Removed.
1301.31(b)(1)(i)...................  ...........................  1302.90(b)(1)..........
1301.31(b)(1)(ii)..................  ...........................  1302.90(b)(1)..........
1301.31(b)(1)(iii).................  ...........................  1302.90(b)(1)(i)-(iv)..
1301.31(b)(2)......................  ...........................  .......................  Removed.
1301.31(b)(2)(i)...................  ...........................  .......................  Removed.
1301.31(b)(2)(ii)..................  ...........................  .......................  Removed.
1301.31(b)(2)(iii).................  ...........................  .......................  Removed.
1301.31(b)(3)......................  ...........................  1302.90(b)(2)..........
1301.31(c).........................  ...........................  .......................  Removed.
1301.31(c)(1)......................  ...........................  .......................  Removed.
1301.31(c)(2)......................  ...........................  .......................  Removed.
1301.31(c)(3)......................  ...........................  .......................  Removed.
1301.31(c)(4)......................  ...........................  .......................  Removed.
1301.31(d).........................  ...........................  .......................  Removed.
1301.31(e).........................  ...........................  1302.102(d)(2)(ii).....
                                                                  1302.102(d)(2)(iii)(A)-
                                                                   (B).
1301.32(a)(1)......................  Limitations on costs of      1303.5(a)(1)...........
                                      development and
                                      administration of a Head
                                      Start program.
1301.32(a)(2)......................  ...........................  1303.5(a)(1)...........
1301.32(b)(1)......................  ...........................  1305...................
1301.32(b)(2)......................  ...........................  1305...................
1301.32(b)(3)......................  ...........................  1305...................
1301.32(b)(4)......................  ...........................  1305...................
1301.32(b)(5)......................  ...........................  1305...................
1301.32(c)(1)......................  ...........................  1305...................
1301.32(c)(2)......................  ...........................  1305...................
1301.32(c)(3)......................  ...........................  1305...................
1301.32(c)(4)......................  ...........................  1305...................
1301.32(d)(1)......................  ...........................  1305...................
1301.32(d)(2)......................  ...........................  1305...................
1301.32(d)(3)......................  ...........................  1305...................
1301.32(e)(1)......................  ...........................  1303.5(a)(2)(i)........
1301.32(e)(2)......................  ...........................  .......................  Removed.
1301.32(f)(1)......................  ...........................  1303.5(a)(2)(iv).......
1301.32(f)(2)......................  ...........................  1303.5(a)(2)(iv).......
1301.32(f)(3)......................  ...........................  1303.5(a)(2)(iii)......
1301.32(g)(1)......................  ...........................  1303.5(b)(1)...........
1301.32(g)(1)(i)...................  ...........................  1303.5(b)(1)...........
1301.32(g)(1)(ii)..................  ...........................  1303.5(b)(1)...........
1301.32(g)(2)......................  ...........................  1303.5(b)(2)...........
1301.32(g)(3)......................  ...........................  1303.5(b)(2)...........
1301.32(g)(4)......................  ...........................  .......................  Removed.
1301.32(g)(5)......................  ...........................  .......................  Removed.
1301.33............................  Delegation of program        1303.31(b).............
                                      operations.
1301.34............................  Grantee appeals............  1304.5.................
                                                                  1304.7.................
1302...............................  Selection, Initial Funding
                                      and Refunding of HS
                                      Grantees and Selection of
                                      Replacement Grantees.
1302.1.............................  Purpose and Scope..........  1304.1.................
1302.2.............................  Definitions................  1305...................
1302.3.............................  Consultation with public     .......................  Removed.
                                      officials and consumers.
1302.4.............................  Transfer of unexpended       .......................  Removed.
                                      balances.
1302.5(a)..........................  Notice for show cause and    1304.2.................
                                      hearing.                    1304.3.................
1302.5(b)..........................  ...........................  1304.4.................
1302.10(a).........................  Selection among applicants.  .......................  Removed.
1302.10(b).........................  ...........................  1304.20(a).............
1302.10(b)(1)......................  ...........................  .......................  Removed.
1302.10(b)(2)......................  ...........................  .......................  Removed.
1302.10(b)(3)......................  ...........................  .......................  Removed.
1302.10(b)(4)......................  ...........................  .......................  Removed.
1302.10(b)(5)......................  ...........................  .......................  Removed.
1302.11(a).........................  Selection among applicants   1304.20(b).............
                                      to replace grantee.

[[Page 35436]]

 
1302.11(b).........................  ...........................  1304.20(b).............
1302.11(c).........................  ...........................  1304.20(b).............
1302.20(a).........................  Grantee to show both legal   .......................  Removed.
                                      status and financial
                                      viability.
1302.20(b).........................  ...........................  .......................  Removed.
1302.20(c).........................  ...........................  .......................  Removed.
1302.21(a).........................  Grantee shows legal status   .......................  Removed.
                                      but not financial
                                      viability.
1302.21(a)(1)......................  ...........................  .......................  Removed.
1302.21(a)(2)......................  ...........................  .......................  Removed.
1302.21(b).........................  ...........................  .......................  Removed.
1302.21(c).........................  ...........................  .......................  Removed.
1302.22............................  Suspension or termination    .......................  Removed.
                                      of grantee which shows
                                      financial viability but
                                      not legal status.
1302.23............................  Suspension or termination
                                      of grantee which shows
                                      legal status but not
                                      financial viability.
1302.23(a).........................  ...........................  .......................  Removed.
1302.24............................  Denial of refunding of
                                      grantee.
1302.24(a).........................  ...........................  .......................  Removed.
1302.24(b).........................  ...........................  .......................  Removed.
1302.24(c).........................  ...........................  .......................  Removed.
1302.24(d).........................  ...........................  .......................  Removed.
1302.25(a).........................  Control of funds of grantee  .......................  Removed.
                                      scheduled for change.
1302.25(b).........................  ...........................  .......................  Removed.
1302.25(c).........................  ...........................  .......................  Removed.
1302.30(a).........................  Procedure for                1304.30(a).............
                                      identification of
                                      alternative agency.
1302.30(1).........................  ...........................  1304.30(a)(1)..........
1302.30(2).........................  ...........................  1304.30(a)(2)..........
1302.30(b)(1)......................  ...........................  1304.30(b)(1)..........
1302.30(2).........................  ...........................  1304.30(b)(2)..........
1302.30(3).........................  ...........................  1304.30(b)(3)..........
1302.30(4).........................  ...........................  1304.30(b)(4)..........
1302.30(c).........................  ...........................  1304.30(c).............
1302.30(d).........................  ...........................  1304.30(d).............
1302.31............................  Requirements of alternative  1304.31................
                                      agency.
1302.32(a).........................  Alternative agency--         1304.32(a).............
                                      prohibition.
1302.32(1).........................  ...........................  1304.32(a)(1)..........
1302.32(2).........................  ...........................  1304.32(a)(2)..........
1302.32(i).........................  ...........................  1304.32(a)(2)(i).......
1302.32(II)........................  ...........................  1304.32(a)(2)(ii)......
1302.32(b).........................  ...........................  1304.32(b).............
1303...............................  Selection, initial funding
                                      and refunding of HS
                                      grantees and selection of
                                      replacement grantees.
Subpart A..........................  General....................
1303.1.............................  Purpose and application....  1303.30................
                                                                  1304.1.................
1303.2.............................  Definitions................  1305...................
1303.3(a)..........................  Right to attorney, attorney  .......................  Removed.
                                      fees, and travel costs.
1303.3(a)(1).......................  ...........................  .......................  Removed.
1303.3(a)(2).......................  ...........................  .......................  Removed.
1303.3(b)..........................  ...........................  .......................  Removed.
1303.3(c)..........................  ...........................  .......................  Removed.
1303.4.............................  Remedies...................  .......................  Removed.
1303.5.............................  Service of process.........  .......................  Removed.
1303.6.............................  Successor agencies and       .......................  Removed.
                                      officials.
1303.7(a)..........................  Effect of failure to file    .......................  Removed.
                                      or serve documents in a
                                      timely manner.
1303.7(b)..........................  ...........................  .......................  Removed.
1303.7(c)..........................  ...........................  .......................  Removed.
1303.7(d)..........................  ...........................  .......................  Removed.
1303.8(a)..........................  Waiver of requirements.....  .......................  Removed.
1303.8(b)..........................  ...........................  .......................  Removed.
1303.8(c)(1).......................  ...........................  .......................  Removed.
1303.8(c)(2).......................  ...........................  .......................  Removed.
1303.8(c)(3).......................  ...........................  .......................  Removed.
1303.8(c)(4).......................  ...........................  .......................  Removed.
1303.8(d)..........................  ...........................  .......................  Removed.
1303.8(e)..........................  ...........................  .......................  Removed.

[[Page 35437]]

 
1303.8(f)..........................  ...........................  .......................  Removed.
1303.8(g)..........................  ...........................  .......................  Removed.
1303.10(a).........................  Purpose....................  1304.1.................
1303.10(b).........................  ...........................  1304.1.................
1303.11(a).........................  Suspension on notice and     1304.2(a)..............
                                      opportunity to show cause.
1303.11(b).........................  ...........................  1304.2(b)..............
1303.11(b)(1)......................  ...........................  1304.2(b)(1)(i)........
1303.11(b)(2)......................  ...........................  1304.2(b)(1)(ii).......
1303.11(b)(3)......................  ...........................  1304.2(b)(1)(iii)......
1303.11(b)(4)......................  ...........................  1304.2(b)(1)(iii)......
1303.11(b)(5)......................  ...........................  1304.2(b)(1)(iv).......
1303.11(b)(6)......................  ...........................  1304.2(b)(1)(v)........
1303.11(c).........................  ...........................  1304.2(c)..............
1303.11(d).........................  ...........................  1304.2(d)..............
1303.11(e).........................  ...........................  1304.2(b)(3)...........
1303.11(f).........................  ...........................  1304.2(b)(4)...........
1303.11(g).........................  ...........................  1304.2(e)(1)...........
1303.11(h).........................  ...........................  1304.2(b)(2)...........
1303.11(i).........................  ...........................  1304.2(f)..............
1303.11(j).........................  ...........................  1304.2(e)(4)...........
1303.11(k).........................  ...........................  1304.2(g)..............
1303.12(a).........................  Summary suspension and       1304.3(a)..............
                                      opportunity to show cause.
1303.12(a)(1)......................  ...........................  1304.3(a)..............
1303.12(a)(2)......................  ...........................  1304.3(a)..............
1303.12(a)(3)......................  ...........................  1304.3(a)..............
1303.12(b).........................  ...........................  1304.3(b)..............
1303.12(c).........................  ...........................  1304.3(b)(1)...........
1303.12(c)(1)......................  ...........................  1304.3(b)(1)(i)........
1303.12(c)(2)......................  ...........................  1304.3(b)(1)(i)........
1303.12(c)(3)......................  ...........................  1304.3(b)(1)(ii).......
1303.12(c)(4)......................  ...........................  1304.3(b)(1)(iii)......
1303.12(c)(5)......................  ...........................  1304.3(b)(1)(iv).......
1303.12(d).........................  ...........................  1304.3(c)..............
1303.12(e).........................  ...........................  1304.3(b)(3-4).........
1303.12(f).........................  ...........................  1304.3(d)(3)...........
1303.12(f)(1)......................  ...........................  1304.3(d)(3)...........
1303.12(f)(2)......................  ...........................  1304.3(d)(3)...........
1303.12(f)(3)......................  ...........................  1304.3(d)(3)...........
1303.12(f)(4)......................  ...........................  1304.3(d)(3)...........
1303.12(g).........................  ...........................  .......................  Removed.
1303.12(h)(1)......................  ...........................  .......................  Removed.
1303.12(h)(2)......................  ...........................  .......................  Removed.
1303.12(h)(3)......................  ...........................  .......................  Removed.
1303.12(i).........................  ...........................  1304.3(d)(1)...........
1303.12(j).........................  ...........................  1304.3(d)(1-2).........
1303.12(k).........................  ...........................  1304.3(e)..............
1303.12(l).........................  ...........................  1304.3(d)(4)...........
1303.12(m).........................  ...........................  1304.3(e)..............
1303.12(n).........................  ...........................  1304.3(f)..............
1303.13(a).........................  Appeal by a grantee of a     .......................  Removed.
                                      suspension continuing for
                                      more than 30 days.
1303.13(b).........................  ...........................  .......................  Removed.
1303.13(c)(1)......................  ...........................  .......................  Removed.
1303.13(c)(2)......................  ...........................  .......................  Removed.
1303.13(c)(3)......................  ...........................  .......................  Removed.
1303.13(d).........................  ...........................  .......................  Removed.
1303.13(e).........................  ...........................  .......................  Removed.
1303.13(f).........................  ...........................  .......................  Removed.
1303.13(g).........................  ...........................  .......................  Removed.
1303.13(h).........................  ...........................  .......................  Removed.
1303.13(i).........................  ...........................  .......................  Removed.
1303.14(a).........................  Appeal by a grantee from a   1304.4(a)(1)...........
                                      termination of financial
                                      assistance.
1303.14(b).........................  ...........................  1304.4(a)(2)...........
1303.14(b)(1)......................  ...........................  1304.4(a)(2)(i)........
1303.14(b)(2)......................  ...........................  1304.4(a)(2)(ii).......
1303.14(b)(3)......................  ...........................  1304.4(a)(2)(iii)......
1303.14(b)(4)......................  ...........................  1304.4(a)(2)(iv).......
1303.14(b)(5)......................  ...........................  1304.4(a)(2)(v)........
1303.14(b)(6)......................  ...........................  1304.4(a)(2)(vii)......

[[Page 35438]]

 
1303.14(b)(7)......................  ...........................  1304.4(a)(2)(viii).....
1303.14(b)(8)......................  ...........................  1304.4(a)(2)(ix).......
1303.14(b)(9)......................  ...........................  1304.4(a)(2)(x)........
1303.14(c).........................  ...........................  1304.4(b)(1)...........
1303.14(c)(1)......................  ...........................  1304.4(b)(1)(i-iii)....
1303.14(c)(2)......................  ...........................  1304.4(b)(1)(iv).......
1303.14(c)(3)......................  ...........................  1304.4(b)(1)(v)........
1303.14(c)(4)......................  ...........................  1304.4(b)(1)(vi).......
1303.14(c)(5)......................  ...........................  1304.4(b)(1)(vii)......
1303.14(c)(6)......................  ...........................  1304.4(b)(1)(vii)......
1303.14(d)(1)......................  ...........................  .......................  Removed.
1303.14(d)(2)......................  ...........................  .......................  Removed.
1303.14(d)(3)......................  ...........................  .......................  Removed.
1303.14(d)(4)......................  ...........................  .......................  Removed.
1303.14(d)(5)......................  ...........................  .......................  Removed.
1303.14(d)(6)......................  ...........................  .......................  Removed.
1303.14(d)(7)......................  ...........................  .......................  Removed.
1303.14(d)(8)......................  ...........................  1304.4(c)(1)...........
1303.14(e)(1)......................  ...........................  .......................  Removed.
1303.14(e)(2)......................  ...........................  .......................  Removed.
1303.14(e)(3)......................  ...........................  .......................  Removed.
1303.14(f)(1)......................  ...........................  1304.4(c)(2)...........
1303.14(f)(2)......................  ...........................  1304.4(e)..............
1303.14(f)(3)......................  ...........................  1304.4(f)(1)...........
1303.14(f)(4)......................  ...........................  1304.4(f)(2)...........
1303.14(g).........................  ...........................  1304.4(g)(1-2).........
1303.14(h).........................  ...........................  1304.4(g)(3)...........
1303.14(i).........................  ...........................  1304.4(h)..............
1303.14(j).........................  ...........................  1304.4(g)(4-5).........
1303.14(k).........................  ...........................  1304.4(g)(6)...........
1303.15(a).........................  Appeal by a grantee from a   1304.4(a)(1)...........
                                      denial of refunding.
1303.15(b).........................  ...........................  1304.4(b)(2)...........
1303.15(b)(1)......................  ...........................  1304.4(b)(1)(iv).......
1303.15(b)(2)......................  ...........................  1304.4(b)(1)(iv).......
1303.15(c).........................  ...........................  1304.4(a)(2)...........
1303.15(d).........................  ...........................  1304.4(b)(1)...........
1303.15(d)(1)......................  ...........................  1304.4(b)(1)(i-iii)....
1303.15(d)(2)......................  ...........................  1304.4(b)(1)(vi).......
1303.15(d)(3)......................  ...........................  1304.4(g)(3)...........
1303.15(d)(4)......................  ...........................  .......................  Removed.
1303.15(e).........................  ...........................  1304.4(b)(1)(v)........
1303.15(f).........................  ...........................  1304.4(g)(3)...........
1303.15(g).........................  ...........................  1304.4(g)(4)...........
1303.15(h)(1)......................  ...........................  .......................  Removed.
1303.15(h)(2)......................  ...........................  .......................  Removed.
1303.15(h)(3)......................  ...........................  .......................  Removed.
1303.16(a).........................  Conduct of hearing.........  .......................  Removed.
1303.16(b).........................  ...........................  .......................  Removed.
1303.16(c).........................  ...........................  .......................  Removed.
1303.16(d).........................  ...........................  .......................  Removed.
1303.16(e).........................  ...........................  .......................  Removed.
1303.16(f).........................  ...........................  .......................  Removed.
1303.16(g).........................  ...........................  .......................  Removed.
1303.16(h).........................  ...........................  .......................  Removed.
1303.17(a).........................  Time for hearing and         .......................  Removed.
                                      decision.
1303.17(b).........................  ...........................  .......................  Removed.
1303.17(c)(1)......................  ...........................  .......................  Removed.
1303.17(c)(2)......................  ...........................  .......................  Removed.
1303.17(c)(3)......................  ...........................  .......................  Removed.
1303.20(a).........................  Appeals to grantees by       .......................  Removed.
                                      current or prospective
                                      delegate agencies of
                                      rejection of an
                                      application, failure to
                                      act on an application or
                                      termination of a grant or
                                      contract.
1303.20(b).........................  ...........................  .......................  Removed.
1303.20(c).........................  ...........................  .......................  Removed.
1303.20(d).........................  ...........................  .......................  Removed.
1303.20(e)(1)......................  ...........................  .......................  Removed.
1303.20(e)(2)......................  ...........................  .......................  Removed.
1303.20(e)(3)......................  ...........................  .......................  Removed.
1303.20(f).........................  ...........................  .......................  Removed.
1303.20(g).........................  ...........................  .......................  Removed.

[[Page 35439]]

 
1303.21(a).........................  Procedures for appeal by     1304.7(a)--first half
                                      current or prospective      1304.7(b)--second half.
                                      delegate agencies to the
                                      responsible HHS official
                                      from denials by grantees
                                      of an application or
                                      failure to act on an
                                      application.
1303.21(b)(1)......................  ...........................  .......................  Removed.
1303.21(b)(2)......................  ...........................  .......................  Removed.
1303.21(b)(3)......................  ...........................  .......................  Removed.
1303.21(b)(4)......................  ...........................  .......................  Removed.
1303.21(b)(5)......................  ...........................  .......................  Removed.
1303.21(b)(6)......................  ...........................  .......................  Removed.
1303.21(b)(7)......................  ...........................  .......................  Removed.
1303.21(c).........................  ...........................  .......................  Removed.
1303.21(d).........................  ...........................  1304.7(c)..............
1303.21(e)(1)......................  ...........................  .......................  Removed.
1303.21(e)(2)......................  ...........................  .......................  Removed.
1303.21(f).........................  ...........................  1304.7(c)..............
1303.21(g).........................  ...........................  .......................  Removed.
1303.21(h).........................  ...........................  .......................  Removed.
1303.21(i)(1)......................  ...........................  .......................  Removed.
1303.21(i)(2)......................  ...........................  .......................  Removed.
1303.21(i)(3)......................  ...........................  .......................  Removed.
1303.21(i)(4)......................  ...........................  .......................  Removed.
1303.22(a).........................  Decision on appeal in favor  .......................  Removed.
                                      of grantee.
1303.22(b).........................  ...........................  1304.7(d)(1)...........
1303.22(c).........................  ...........................  .......................  Removed.
1303.22(d).........................  ...........................  .......................  Removed.
1303.23(a).........................  Decision on appeal in favor  .......................  Removed.
                                      of the current or
                                      prospective delegate
                                      agency.
1303.23(b).........................  ...........................  .......................  Removed.
1303.23(c).........................  ...........................  .......................  Removed.
1303.23(c)(1)......................  ...........................  .......................  Removed.
1303.23(c)(2)......................  ...........................  .......................  Removed.
1303.23(d).........................  ...........................  .......................  Removed.
1303.23(e).........................  ...........................  .......................  Removed.
1303.24............................  OMB control number.........  .......................  Removed.
1304...............................  Program performance
                                      standards for operation.
1304.1.............................  Purpose and scope..........  1302.1.................  Revised.
1304.2.............................  Effective date.............  .......................  Removed.
1304.3.............................  Definitions................  1305...................
1304.20(a)(1)(i)...................  Child health and             1302.42(a).............  Revised.
                                      developmental services.     1302.17................
1304.20(a)(1)(ii)..................  ...........................  1302.42(b)(1)(i).......
1304.20(a)(1)(ii)(A)...............  ...........................  1302.42(b)(1)(ii)......
1304.20(a)(1)(ii)(B)...............  ...........................  1302.42(c)(1)..........
1304.20(a)(1)(ii)(C)...............  ...........................  1302.42(d)(1)(ii)......
1304.20(a)(1)(iii).................  ...........................  1302.42(d)(1)(i).......
1304.20(a)(1)(iv)..................  ...........................  1302.42(d)(1)..........
1304.20(a)(2)......................  ...........................  1302.42(b)(3)..........
1304.20(b)(1)......................  ...........................  1302.33(a)(1).
                                                                  1302.33(c)(1)(iii).....
                                                                  1302.41(a).............
                                                                  1302.42(b)(2)..........
1304.20(b)(2)......................  ...........................  1302.33(a)(2)..........
1304.20(b)(3)......................  ...........................  1302.33(a)(1)..........
1304.20(c)(1)......................  ...........................  1302.41(a).............
1304.20(c)(2)......................  ...........................  1302.42(d)(2)..........
1304.20(c)(3)(i)...................  ...........................  1302.42(c)(3)..........
1304.20(c)(3)(ii)..................  ...........................  1302.42(c)(3)..........
1304.20(c)(4)......................  ...........................  1302.61(b)(2)..........
1304.20(c)(5)......................  ...........................  1302.42(e).............
1304.20(d).........................  ...........................  1302.33(b).
                                                                  1302.42(c)(2)..........
                                                                  1302.42(d)(1)(ii)......
1304.20(e)(1)......................  ...........................  1302.41(a).............
1304.20(e)(2)......................  ...........................  1302.34(b)(5)
                                                                  1302.46(b)(1)(iv)......
                                                                  1302.46(b)(2)(i).......
1304.20(e)(3)......................  ...........................  1302.46(b)(2)(ii)......
1304.20(e)(4)......................  ...........................  1302.41(a).
                                                                  1302.46(b)(2)(iii).....
1304.20(e)(5)......................  ...........................  1302.41(b).............

[[Page 35440]]

 
1304.20(f)(1)......................  ...........................  1302.33(b).............
1304.20(f)(2)(i)...................  ...........................  1302.61(b)(2)(ii)......
1304.20(f)(2)(ii)..................  ...........................  1302.63(a)-(c).
                                                                  1302.62(a)(3)..........
1304.20(f)(2)(iii).................  ...........................  1302.61(b)(3)(i).......
1304.20(f)(2)(iv)..................  ...........................  1302.63(c).............
1304.21(a)(1)(i)...................  Education and early          1302.30.
                                      childhood development.      1302.31(b)(1)(i).......
                                                                  1302.35(a).............
1304.21(a)(1)(ii)..................  ...........................  1302.30.
                                                                  1302.60................
1304.21(a)(1)(iii).................  ...........................  1302.90(c)(1)(ii)......
1304.21(a)(1)(iv)..................  ...........................  1302.31(c).............
1304.21(a)1)(v)....................  ...........................  .......................  Removed.
1304.21(a)(2)(i)...................  ...........................  1302.34(b)(3)..........
1304.21(a)(2)(ii)..................  ...........................  1302.33(b)(2)..........
1304.21(a)(2)(iii).................  ...........................  1302.34(b)(2).
                                                                  1302.34(b)(6)..........
1304.21(a)(3)......................  ...........................  Integrated throughout
                                                                   Subpart C.
1304.21(a)(3)(i)...................  ...........................  .......................  Removed.
1304.21(a)(3)(i)(A)................  ...........................  .......................  Removed.
1304.21(a)(3)(i)(B)................  ...........................  .......................  Removed.
1304.21(a)(3)(i)(C)................  ...........................  .......................  Removed.
1304.21(a)(3)(i)(D)................  ...........................  .......................  Removed.
1304.21(a)(3)(i)(E)................  ...........................  1302.30.
                                                                  1302.35(d).............
                                                                  1302.90(c)(1)(ii)......
1304.21(a)(3)(ii)..................  ...........................  1302.31(e)(3)..........
1304.21(a)(4)......................  ...........................  Integrated throughout
                                                                   Subpart C.
1304.21(a)(4)(i)...................  ...........................  1302.31(c).............
1304.21(a)(4)(ii)..................  ...........................  1302.31(b)(1)(iv).
                                                                  1302.35(a).............
1304.21(a)(4)(iii).................  ...........................  1302.31(b)(1)(ii).
                                                                  1302.35(e)(3)..........
1304.21(a)(4)(iv)..................  ...........................  1302.31(b)(1)(i).
                                                                  1302.31(b)(1)(iv)......
                                                                  1302.31(d).............
1304.21(a)(5)......................  ...........................  Integrated throughout
                                                                   Subpart C.
1304.21(a)(5)(i)...................  ...........................  1302.31(c)-(d).........
1304.21(a)(5)(ii)..................  ...........................  1302.31(c)-(d).........
1304.21(a)(5)(iii).................  ...........................  1302.30.
                                                                  1302.60................
1304.21(a)(6)......................  ...........................  1302.35(a).
                                                                  1302.46(b)(1)(i).......
1304.21(b)(1)(i)...................  ...........................  1302.21(b)(2).
                                                                  1302.31(b)(1)(ii)......
                                                                  1302.90(d)(1)..........
1304.21(b)(1)(ii)..................  ...........................  1302.31(b)(1)(ii)......
1304.21(b)(1)(iii).................  ...........................  1302.31(c).............
1304.21(b)(2)......................  ...........................  Integrated throughout
                                                                   Subpart C.
1304.21(b)(2)(i)...................  ...........................  .......................  Removed.
1304.21(b)(2)(ii)..................  ...........................  1302.31(b)(1)(ii)......
1304.21(b)(3)......................  ...........................  Integrated throughout
                                                                   Subpart C.
1304.21(b)(3)(i)...................  ...........................  .......................  Removed.
1304.21(b)(3)(ii)..................  ...........................  .......................  Removed.
1304.21(c)(1)......................  ...........................  1302.32................
1304.21(c)(1)(i)...................  ...........................  1302.32(a)(1)(ii)......
1304.21(c)(1)(ii)..................  ...........................  1302.31(b)(1)(ii).
                                                                  1302.32(a)(1)(ii)-(iii)
                                                                   ..
1304.21(c)(1)(iii).................  ...........................  .......................  Removed.
1304.21(c)(1)(iv)..................  ...........................  .......................  Removed.
1304.21(c)(1)(v)...................  ...........................  .......................  Removed.
1304.21(c)(1)(vi)..................  ...........................  .......................  Removed.
1304.21(c)(1)(vii).................  ...........................  1302.31(c)(1)..........
1304.21(c)(2)......................  ...........................  1302.33(b).............
1304.22(a).........................  Child health and safety....  1302.47(b)(7)..........
1304.22(a)(1)......................  ...........................  .......................  Removed.
1304.22(a)(2)......................  ...........................  .......................  Removed.
1304.22(a)(3)......................  ...........................  .......................  Removed.
1304.22(a)(4)......................  ...........................  .......................  Removed.
1304.22(a)(5)......................  ...........................  1302.92(b)(1)..........
1304.22(b)(1)......................  ...........................  1302.47(b)(8)(iii).....

[[Page 35441]]

 
1304.22(b)(2)......................  ...........................  1302.14(b)(2).
                                                                  1302.17(b).............
1304.22(b)(3)......................  ...........................  Second sentence........  First sentence
                                                                  1302.90(c)(1)(iii).....   removed.
1304.22(c).........................  ...........................  1302.47(b)(4)(iii).
                                                                  1302.47(b)(8)(iv)......
1304.22(c)(1)......................  ...........................  .......................  Removed.
1304.22(c)(2)......................  ...........................  .......................  Removed.
1304.22(c)(3)......................  ...........................  .......................  Removed.
1304.22(c)(4)......................  ...........................  .......................  Removed.
1304.22(c)(5)......................  ...........................  1302.41(a).
                                                                  1302.42(d)(2)..........
1304.22(c)(6)......................  ...........................  1302.47(b)(4)(iii).....
1304.22(d)(1)......................  ...........................  1302.47(b)(4)-(5)......
1304.22(d)(2)......................  ...........................  1302.46(a).............
1304.22(e)(1)......................  ...........................  1302.47(b)(7)..........
1304.22(e)(1)(i)...................  ...........................  1302.47(b)(7)(i).......
1304.22(e)(1)(ii)..................  ...........................  1302.47(b)(7)(ii)......
1304.22(e)(1)(iii).................  ...........................  1302.47(b)(7)(iii).....
1304.22(e)(1)(iv)..................  ...........................  .......................  Removed.
1304.22(e)(2)......................  ...........................  .......................  Removed.
1304.22(e)(2)(i)...................  ...........................  .......................  Removed.
1304.22(e)(2)(ii)..................  ...........................  .......................  Removed.
1304.22(e)(2)(iii).................  ...........................  .......................  Removed.
1304.22(e)(3)......................  ...........................  .......................  Removed.
1304.22(e)(4)......................  ...........................  1302.47(b)(7)(iii).....
1304.22(e)(5)......................  ...........................  1302.47(b)(7)(i).......
1304.22(e)(6)......................  ...........................  .......................  Removed.
1304.22(e)(7)......................  ...........................  1302.47(b)(4)(i).......  Removed.
1304.22(f)(1)......................  ...........................  1302.47(b)(1)(iv)(A)...
1304.22(f)(2)......................  ...........................  .......................  Removed.
1304.23(a)(1)......................  Child nutrition............  1302.42(b)(4)..........
1304.23(a)(2)......................  ...........................  1302.42(b)(4).
                                                                  1302.44(a)(1)..........
1304.23(a)(3)......................  ...........................  1302.44(a)(2)(iv)......
1304.23(a)(4)......................  ...........................  1302.42(b)(4)..........
1304.23(b)(1)......................  ...........................  1302.44(a)(1)..........
1304.23(b)(1)(i)...................  ...........................  1302.44(b).............
1304.23(b)(1)(ii)..................  ...........................  1302.44(a)(2)(ii)......
1304.23(b)(1)(iii).................  ...........................  1302.44(a)(2)(vi)......
1304.23(b)(1)(iv)..................  ...........................  1302.44(a)(2)(iv)......
1304.23(b)(1)(v)...................  ...........................  1302.44(a)(2)(iii).....
1304.23(b)(1)(vi)..................  ...........................  1302.44(a)(2)(iii).....
1304.23(b)(1)(vii).................  ...........................  First sentence removed.
                                                                  1302.44(a)(2)(iv)......
1304.23(b)(2)......................  ...........................  1302.44(a)(2)(vii).....
1304.23(b)(3)......................  ...........................  1302.43................
1304.23(b)(4)......................  ...........................  .......................  Removed.
1304.23(c).........................  ...........................  1302.31(e)(2)..........
1304.23(c)(1)......................  ...........................  .......................  Removed.
1304.23(c)(2)......................  ...........................  1302.31(e)(2).
                                                                  1302.90(c)(1)(i)(D)....
1304.23(c)(3)......................  ...........................  1302.31(e)(2)..........
1304.23(c)(4)......................  ...........................  1302.31(e)(2)..........
1304.23(c)(5)......................  ...........................  1302.31(e)(2).
                                                                  1302.44(a)(2)(v).......
1304.23(c)(6)......................  ...........................  1302.44(a)(1)..........
1304.23(c)(7)......................  ...........................  .......................  Removed.
1304.23(d).........................  ...........................  1302.46(b)(1)(ii)......
1304.23(e)(1)......................  ...........................  .......................  Removed.
1304.23(e)(2)......................  ...........................  1302.44(a)(2)(viii)....
1304.24............................  Child mental health........  .......................
1304.24(a)(1)......................  ...........................  1302.41(a).............
1304.24(a)(1)(i)...................  ...........................  1302.46(b)(1)(iv)......
1304.24(a)(1)(ii)..................  ...........................  1302.46(b)(1)(iv)......
1304.24(a)(1)(iii).................  ...........................  1302.46(b)(1)(iv)......
1304.24(a)(1)(iv)..................  ...........................  1302.45(a)(1)..........
1304.24(a)(1)(v)...................  ...........................  1302.46(b)(2)(i).......
1304.24(a)(1)(vi)..................  ...........................  .......................  Removed.
1304.24(a)(2)......................  ...........................  1302.45(b).............
1304.24(a)(3)(i)...................  ...........................  1302.45(a)(1).
                                                                  1302.45(b)(1)..........

[[Page 35442]]

 
1304.24(a)(3)(ii)..................  ...........................  1302.45(a)(1)-(2)......
1304.24(a)(3)(iii).................  ...........................  1302.45(b)(2)..........
1304.24(a)(3)(iv)..................  ...........................  1302.45(a)(3)..........
1304.40(a)(1)......................  Family partnerships........  1302.50(b)(2).
                                                                  1302.52(a)-(b).........
1304.40(a)(2)......................  ...........................  1302.52(c).............
1304.40(a)(3)......................  ...........................  1302.52(d).............
1304.40(a)(4)......................  ...........................  1302.50(a).............
1304.40(a)(5)......................  ...........................  1302.50(b)(2)..........
1304.40(b)(1)......................  ...........................  1302.52(c).............
1304.40(b)(1)(i)...................  ...........................  .......................  Removed.
1304.40(b)(1)(ii)..................  ...........................  .......................  Removed.
1304.40(b)(1)(iii).................  ...........................  .......................  Removed.
1304.40(b)(2)......................  ...........................  1302.52(c)(3)..........
1304.40(c)(1)......................  ...........................  1302.80(c).............
1304.40(c)(1)(i)...................  ...........................  1302.80(c).............
1304.40(c)(1)(ii)..................  ...........................  1302.80(c).............
1304.40(c)(1)(iii).................  ...........................  1302.80(c).............
1304.40(c)(2)......................  ...........................  1302.81(a).............
1304.40(c)(3)......................  ...........................  1302.44(a)(2)(viii).
                                                                  1302.81(a).............
1304.40(d)(1)......................  ...........................  1302.50................  Removed last
                                                                                            sentence.
1304.40(d)(2)......................  ...........................  1302.17(c).
                                                                  1302.34(a).............
                                                                  1302.34(b)(1)..........
1304.40(d)(3)......................  ...........................  1302.34(b)(4)..........
1304.40(e)(1)......................  ...........................  .......................  Removed.
1304.40(e)(2)......................  ...........................  .......................  Removed.
1304.40(e)(3)......................  ...........................  1302.30.
                                                                  1302.51................
1304.40(e)(4)......................  ...........................  .......................  Removed.
1304.40(e)(4)(i)...................  ...........................  .......................  Removed.
1304.40(e)(4)(ii)..................  ...........................  .......................  Removed.
1304.40(e)(5)......................  ...........................  1302.34(b)(2)..........
1304.40(f)(1)......................  ...........................  1302.46(a).............
1304.40(f)(2)(i)...................  ...........................  1302.46(b)(2)(iii).....
1304.40(f)(2)(ii)..................  ...........................  1302.41(a).............
1304.40(f)(2)(iii).................  ...........................  1302.46(b)(1)(i).
                                                                  1302.46(b)(2)..........
1304.40(f)(3)(i)...................  ...........................  1302.46(b)(1)(ii)......
1304.40(f)(3)(ii)..................  ...........................  1302.46(b)(1)(ii)......
1304.40(f)(4)......................  ...........................  1302.46(b)(1)(iv)......
1304.40(f)(4)(i)...................  ...........................  .......................  Removed.
1304.40(f)(4)(ii)..................  ...........................  .......................  Removed.
1304.40(f)(4)(iii).................  ...........................  .......................  Removed.
1304.40(g)(1)(i)...................  ...........................  .......................  Removed.
1304.40(g)(1)(ii)..................  ...........................  1302.52(c).............
1304.40(g)(2)......................  ...........................  .......................  Removed.
1304.40(h)(1)......................  ...........................  1302.70(b).
                                                                  1302.71(b)(1)..........
1304.40(h)(2)......................  ...........................  1302.71(b)(2)(i)
                                                                   1302.71(c).
1304.40(h)(3)......................  ...........................  1302.71(c)
                                                                   1302.72(b)(1).
1304.40(h)(3)(i)...................  ...........................  1302.72(b)(2)(iii).....
1304.40(h)(3)(ii)..................  ...........................  1302.72(b)(2)(iv)......
1304.40(h)(4)......................  ...........................  .......................  Removed.
1304.40(i)(1)......................  ...........................  1302.17(c).............  Second sentence
                                                                                            removed.
1304.40(i)(2)......................  ...........................  1302.34(b)(6)..........  Second sentence
                                                                                            removed.
1304.40(i)(3)......................  ...........................  .......................  Removed.
1304.40(i)(4)......................  ...........................  1302.34(b)(6).
                                                                  1302.22(a).............
1304.40(i)(5)......................  ...........................  1302.22(c)(1)..........
1304.40(i)(6)......................  ...........................  1302.82(b).............
1304.41(a)(1)......................  Community partnerships.....  1302.53(a).............  Second sentence
                                                                                            removed.
1304.41(a)(2)......................  ...........................  1302.53(b)(1)..........
1304.41(a)(2)(i)...................  ...........................  1302.53(b)(2)(i).......
1304.41(a)(2)(ii)..................  ...........................  1302.53(b)(2)(i).......
1304.41(a)(2)(iii).................  ...........................  1302.53(b)(2)(i).......
1304.41(a)(2)(iv)..................  ...........................  1302.53(b)(2)(ii)......

[[Page 35443]]

 
1304.41(a)(2)(v)...................  ...........................  1302.53(b)(2)(iii).....
1304.41(a)(2)(vi)..................  ...........................  1302.53(b)(2)(iii).....
1304.41(a)(2)(vii).................  ...........................  1302.53(b)(2)(iv)......
1304.41(a)(2)(viii)................  ...........................  1302.53(b)(2)(ii)......
1304.41(a)(2)(ix)..................  ...........................  1302.53(b)(2)(viii)....
1304.41(a)(3)......................  ...........................  .......................  Removed.
1304.41(a)(4)......................  ...........................  1302.63(b).............
1304.41(b).........................  ...........................  1302.53(c).............  Removed second
                                                                                            sentence.
1304.41(c)(1)......................  ...........................  1302.70(a).
                                                                  1302.71(a).............
1304.41(c)(1)(i)...................  ...........................  1302.70(d)(2)(i)
                                                                   1302.71(c)(2)(i).
1304.41(c)(1)(ii)..................  ...........................  1302.71(c)(2)(ii)
                                                                   1302.70(d)(2)(ii).
1304.41(c)(1)(iii).................  ...........................  1302.71(b)(2)(iv)......
1304.41(c)(1)(iv)..................  ...........................  1302.71(c)(2)(iii).....
1304.41(c)(2)......................  ...........................  1302.70(b).............
1304.41(c)(3)......................  ...........................  .......................  Removed.
1304.50(a)(1)......................  Program Design and           1301.1.................
                                      Management.
1304.50(a)(1)(i)...................  ...........................  1301.4(a)..............
1304.50(a)(1)(ii)..................  ...........................  1301.4(a)..............
1304.50(a)(1)(iii).................  ...........................  .......................  Removed.
1304.50(a)(2)......................  ...........................  .......................  Removed.
1304.50(a)(3)......................  ...........................  1301.4(b)--First
                                                                   sentence
                                                                  1301.4(d)(4)--Second
                                                                   sentence.
1304.50(a)(4)......................  ...........................  1301.4(a)..............
1304.50(a)(5)......................  ...........................  .......................  Removed.
1304.50(b)(1)......................  ...........................  .......................  Removed.
1304.50(b)(2)......................  ...........................  1301.4(b)..............
1304.50(b)(3)......................  ...........................  1301.4(b)..............
1304.50(b)(4)......................  ...........................  1301.4(d)(2)...........
1304.50(b)(5)......................  ...........................  1301.4(d)(3)...........
1304.50(b)(6)......................  ...........................  .......................  Removed.
1304.50(b)(7)......................  ...........................  1301.4(b)..............
1304.50(c).........................  ...........................  1301.4(c)..............
1304.50(d)(1)......................  ...........................  1301.4(c)..............
1304.50(d)(1)(i)...................  ...........................  1301.4(c)..............
1304.50(d)(1)(ii)..................  ...........................  .......................  Removed.
1304.50(d)(1)(iii).................  ...........................  1301.1.................
1304.50(d)(1)(iv)..................  ...........................  1301.1.
                                                                  1302.102(a)............
1304.50(d)(1)(v)...................  ...........................  1301.4(c)..............
1304.50(d)(1)(vi)..................  ...........................  .......................  Removed.
1304.50(d)(1)(vii).................  ...........................  1301.4(c)..............
1304.50(d)(1)(viii)................  ...........................  1301.4(c)(2).
                                                                  1302.102(b)(2)(ii).....
1304.50(d)(1)((ix).................  ...........................  1301.4(c)..............
1304.50(d)(1)(x)...................  ...........................  .......................  Removed.
1304.50(d)(1)(xi)..................  ...........................  1301.4(c)..............
1304.50(d)(2)(i)...................  ...........................  .......................  Removed.
1304.50(d)(2)(ii)..................  ...........................  .......................  Removed.
1304.50(d)(2)(iii).................  ...........................  .......................  Removed.
1304.50(d)(2)(iv)..................  ...........................  .......................  Removed.
1304.50(d)(2)(v)...................  ...........................  .......................  Removed.
1304.50(e).........................  ...........................  .......................  Removed.
1304.50(e)(1)......................  ...........................  .......................  Removed.
1304.50(e)(2)......................  ...........................  .......................  Removed.
1304.50(e)(3)......................  ...........................  .......................  Removed.
1304.50(f).........................  ...........................  1301.4(e)..............
1304.50(g)(1)......................  ...........................  .......................  Removed.
1304.50(g)(2)......................  ...........................  1301.3(b)(1)...........
1304.50(h).........................  ...........................  1301.5(a)..............
Appendix A.........................  ...........................  .......................  Removed.
1304.51(a)(1)......................  Management systems and       1302.100...............
                                      procedures.
1304.51(a)(1)(i)...................  ...........................  1302.102(a)(3).........
1304.51(a)(1)(ii)..................  ...........................  1302.102(a).
                                                                  1302.102(c)(iii).......
1304.51(a)(1)(iii).................  ...........................  .......................  Removed.
1304.51(a)(2)......................  ...........................  .......................  Removed.
1304.51(b).........................  ...........................  .......................  Removed.
1304.51(c)(1)......................  ...........................  1302.50(b)(2)..........
1304.51(c)(2)......................  ...........................  1302.50(b)(2)..........
1304.51(d)(1)......................  ...........................  .......................  Removed.

[[Page 35444]]

 
1304.51(d)(2)......................  ...........................  1301.3(b)(2)...........
1304.51(d)(3)......................  ...........................  1301.3(b)(2)...........
1304.51(d)(4)......................  ...........................  1301.3(b)(2)...........
1304.51(e).........................  ...........................  .......................  Removed.
1304.51(f).........................  ...........................  .......................  Removed.
1304.51(g).........................  ...........................  1302.90(c)(1)(iii).
                                                                  1302.101(a)............
                                                                  1303.23................
1304.51(h)(1)......................  ...........................  1302.102(d)(1)(i).
                                                                  1301.3(b)(2)...........
1304.51(h)(2)......................  ...........................  1302.102(d)(1)(iii)....
1304.51(i)(1)......................  ...........................  1302.102(b)(2)(i)......
1304.51(i)(2)......................  ...........................  1302.102(b)(1).........
1304.51(i)(3)......................  ...........................  1303.32(b).............
1304.52(a)(1)......................  Human resources management.  1302.101(a)(2).........
1304.52(a)(2)......................  ...........................  1302.101(a)(1).........
1304.52(a)(2)(i)...................  ...........................  .......................  Removed.
1304.52(a)(2)(ii)..................  ...........................  .......................  Removed.
1304.52(a)(2)(iii).................  ...........................  .......................  Removed.
1304.52(b)(1)......................  ...........................  1302.91(a).............
1304.52(b)(2)......................  ...........................  .......................  Removed.
1304.52(b)(3)......................  ...........................  1302.90(b)(5)..........
1304.52(b)(4)......................  ...........................  1302.90(d)(1)..........
1304.52(c).........................  ...........................  1302.91(i).............
1304.52(d).........................  ...........................  1302.91(a).
                                                                  1302.101(a)(2).........
1304.52(d)(1)......................  ...........................  1302.91(c)-(e).........
1304.52(d)(2)......................  ...........................  1302.91(a).............
1304.52(d)(3)......................  ...........................  1302.91(h)(1)..........
1304.52(d)(4)......................  ...........................  1302.91(h)(2)..........
1304.52(d)(5)......................  ...........................  1302.91(a).............
1304.52(d)(6)......................  ...........................  .......................  Removed.
1304.52(d)(7)......................  ...........................  1302.91(a).............
1304.52(d)(8)......................  ...........................  1302.91(h)(3)..........
1304.52(e).........................  ...........................  1302.91(f).............
1304.52(f).........................  ...........................  1302.91(b).
                                                                  1302.92(b).............
1304.52(g)(1)......................  ...........................  .......................  Removed.
1304.52(g)(2)......................  ...........................  1302.90(d)(2)..........
1304.52(g)(3)......................  ...........................  .......................  Removed.
1304.52(g)(4)......................  ...........................  1302.21(b)(1)-(3)......
1304.52(g)(5)......................  ...........................  1302.90(c)(4)(i).......
1304.52(h)(1)......................  ...........................  1302.91(g)(1)..........
1304.52(h)(2)......................  ...........................  .......................  Removed.
1304.52(h)(3)......................  ...........................  .......................  Removed.
1304.52(h)(4)......................  ...........................  1302.91(g)(2)..........
1304.52(h)(5)......................  ...........................  1302.91(g)(3)..........
1304.52(h)(6)......................  ...........................  .......................  Removed.
1304.52(i)(1)......................  ...........................  1302.90(c)(1)..........
1304.52(i)(1)(i)...................  ...........................  1302.90(c)(1)(ii)......
1304.52(i)(1)(ii)..................  ...........................  1302.90(c)(1)(iii).....
1304.52(i)(1)(iii).................  ...........................  1302.90(c)(1)(iv)......
1304.52(i)(1)(iv)..................  ...........................  1302.90(c)(1)(i)(A).
                                                                  1302.90(c)(1)(i)(C)-(I)
1304.52(i)(2)......................  ...........................  1303.3.................
1304.52(i)(3)......................  ...........................  1302.90(c)(2)..........
1304.52(j).........................  ...........................  .......................  Removed.
1304.52(k)(1)......................  ...........................  1302.93(a).............
1304.52(k)(2)......................  ...........................  1302.94(a).............
1304.52(k)(3)......................  ...........................  1302.93(b).............
1304.52(l)(1)......................  ...........................  1302.92(a).............
1304.52(l)(2)......................  ...........................  1302.92(b).............
1304.52(l)(3)......................  ...........................  1302.92(b)(3)..........
1304.52(l)(3)(i)...................  ...........................  1302.92(b)(1)..........
1304.52(l)(3)(ii)..................  ...........................  1302.92(b)(3)..........
1304.52(l)(4)......................  ...........................  1301.2.................
1304.52(l)(5)(i)...................  ...........................  .......................  Removed.
1304.52(l)(5)(ii)..................  ...........................  .......................  Removed.
1304.52(l)(5))(iii)................  ...........................  .......................  Removed.
1304.52(l)(5)(iv)..................  ...........................  .......................  Removed.
1304.52(l)(5)(v)...................  ...........................  .......................  Removed.
1304.52(l)(5)(vi)..................  ...........................  .......................  Removed.

[[Page 35445]]

 
1304.52(l)(5)(vii).................  ...........................  .......................  Removed.
1304.52(l)(5)(viii)................  ...........................  .......................  Removed.
1304.53(a)(1)......................  Facilities, materials, and   .......................  Removed.
                                      equipment.
1304.53(a)(2)......................  ...........................  .......................  Removed.
1304.53(a)(3)......................  ...........................  1302.31(d).............
1304.53(a)(4)......................  ...........................  .......................  Removed.
1304.53(a)(5)......................  ...........................  1302.21(d)(2)..........
1304.53(a)(6)......................  ...........................  1302.21(d)(1).
                                                                  1302.22(d).............
                                                                  1302.23(d).............
1304.53(a)(7)......................  ...........................  1302.47(b)(1)..........
1304.53(a)(8)......................  ...........................  1302.47(b)(1)(ii)......
1304.53(a)(9)......................  ...........................  1302.47(b)(4)(ii).
                                                                  1302.47(b)(5)..........
1304.53(a)(10).....................  ...........................  1302.102(b)(1).........
1304.53(a)(10)(i)..................  ...........................  1302.47(b)(2)..........
1304.53(a)(10)(ii).................  ...........................  1302.47(b)(2)..........
1304.53(a)(10)(iii)................  ...........................  1302.47(b)(1)(iii).....
1304.53(a)(10)(iv).................  ...........................  1302.47(b)(1)(iv)......
1304.53(a)(10)(v)..................  ...........................  1302.47(b)(1)(v)(B)....
1304.53(a)(10)(vi).................  ...........................  1302.47(b)(1)(v)(B)....
1304.53(a)(10)(vii)................  ...........................  .......................  Removed.
1304.53(a)(10)(viii)...............  ...........................  .......................  Removed.
1304.53(a)(10)(ix).................  ...........................  1302.47(b)(1)(iii).....
1304.53(a)(10)(x)..................  ...........................  .......................  Removed.
1304.53(a)(10)(xi).................  ...........................  .......................  Removed.
1304.53(a)(10)(xii)................  ...........................  .......................  Removed.
1304.53(a)(10)(xiii)...............  ...........................  .......................  Removed.
1304.53(a)(10)(xiv)................  ...........................  .......................  Removed.
1304.53(a)(10)(xv).................  ...........................  .......................  Removed.
1304.53(a)(10)(xvi)................  ...........................  .......................  Removed.
1304.53(a)(10)(xvii)...............  ...........................  1302.47(b)(2)..........
1304.53(b)(1)......................  ...........................  1302.31(d).............
1304.53(b)(1)(i)...................  ...........................  1302.31(d).............
1304.53(b)(1)(ii)..................  ...........................  1302.47(b)(2)..........
1304.53(b)(1)(iii).................  ...........................  1302.31(d).............
1304.53(b)(1)(iv)..................  ...........................  .......................  Removed.
1304.53(b)(1)(v)...................  ...........................  .......................  Removed.
1304.53(b)(1)(vi)..................  ...........................  1302.47(b)(2)..........
1304.53(b)(1)(vii).................  ...........................  .......................  Removed.
1304.53(b)(2)......................  ...........................  1302.47(b)(1)-(2)......
1304.53(b)(3)......................  ...........................  1302.47(b)(1)-(2).
                                                                  1302.47(b)(4)..........
1304.60(a).........................  Deficiencies and quality     .......................  Removed.
                                      improvement plans.
1304.60(b).........................  ...........................  1304.2(b)..............
1304.60(c).........................  ...........................  1302.102(d)(3).
                                                                  1304.2(c)(1)...........
1304.60(d).........................  ...........................  .......................  Removed.
1304.60(e).........................  ...........................  .......................  Removed.
1304.60(f).........................  ...........................  1304.2(c)(2)...........
1304.61(a).........................  Noncompliance..............  1304.2(a)..............
1304.61(b).........................  ...........................  1304.2(b)..............
1305...............................  Eligibility, recruitment,
                                      selection, eligibility and
                                      attendance.
1305.1.............................  Purpose and scope..........  1302.10................
1305.2.............................  Definitions................  1305...................
1305.3(a)..........................  Determining community        1302.11(a)(1)..........
                                      strengths and needs.
1305.3(b)..........................  ...........................  1302.11(a)(2)..........
1305.3(c)..........................  ...........................  1302.11(b)(1)..........
1305.3(c)(1).......................  ...........................  1302.11(b)(1)(i).......
1305.3(c)(2).......................  ...........................  1302.11(b)(1)(iv)......
1305.3(c)(3).......................  ...........................  1302.11(b)(1)(vi)......
1305.3(c)(4).......................  ...........................  .......................  Removed.
1305.3(c)(5).......................  ...........................  1302.11(b)(1)(vii).....
1305.3(c)(6).......................  ...........................  1302.11(b)(1)(viii)....
1305.3(d)(1).......................  ...........................  1302.102(a)(3).........
1305.3(d)(2).......................  ...........................  1302.20(a)(1)..........
1305.3(d)(3).......................  ...........................  .......................  Removed.
1305.3(d)(4).......................  ...........................  .......................  Removed.
1305.3(d)(5).......................  ...........................  .......................  Removed.
1305.3(d)(6).......................  ...........................  .......................  Removed.
1305.3(e)..........................  ...........................  1302.11(b)(2)..........

[[Page 35446]]

 
1305.3(f)..........................  ...........................  .......................  Removed.
1305.3(g)(1).......................  ...........................  .......................  Removed.
1305.3(g)(2)(i)....................  ...........................  .......................  Removed.
1305.3(g)(2)(ii)...................  ...........................  .......................  Removed.
1305.4.............................  Age of children and family   1302.12................  Redesignated.--Pendin
                                      income eligibility.                                   g OMB approval of
                                                                                            final eligibility
                                                                                            rule.
1305.4(a)(1)(i)....................  ...........................  1302.12(a)(1)(i).......
1305.4(a)(1)(ii)...................  ...........................  1302.12(a)(1)(ii)......
1305.4(a)(1)(iii)..................  ...........................  1302.12(a)(1)(iii).....
1305.4(a)(2).......................  ...........................  1302.12(a)(2)..........
1305.4(b)(1).......................  ...........................  1302.12(b)(1)..........
1305.4(b)(2)(i)....................  ...........................  1302.12(b)(2)(i).......
1305.4(b)(2)(ii)...................  ...........................  1302.12(b)(2)(i).......
1305.4(b)(2)(iii)..................  ...........................  1302.12(b)(2)(ii)......
1305.4(b)(3).......................  ...........................  1302.12(b)(3)..........
1305.4(c)(1)(i)....................  ...........................  1302.12(c)(1)(i).......
1305.4(c)(1)(ii)...................  ...........................  1302.12(c)(1)(ii)......
1305.4(c)(2).......................  ...........................  1302.12(c)(2)..........
1305.4(d)(1).......................  ...........................  1302.12(d)(1)..........
1305.4(d)(1)(i)....................  ...........................  1302.12(d)(1)(i).......
1305.4(d)(1)(ii)...................  ...........................  1302.12(d)(1)(ii)......
1305.4(d)(2).......................  ...........................  1302.12(d)(2)..........
1305.4(d)(2)(i)....................  ...........................  1302.12(d)(2)(i).......
1305.4(d)(2)(ii)...................  ...........................  1302.12(d)(2)(ii)......
1305.4(d)(2)(iii)..................  ...........................  1302.12(d)(2)(iii).....
1305.4(d)(2)(iv)...................  ...........................  1302.12(d)(2)(iv)......
1305.4(d)(2)(v)....................  ...........................  1302.12(d)(2)(v).......
1305.4(d)(2)(vi)...................  ...........................  1302.12(d)(2)(vi)......
1305.4(d)(2)(vii)..................  ...........................  1302.12(d)(2)(vii).....
1305.4(e)(1)(i)....................  ...........................  1302.12(e)(1)(i).......
1305.4(e)(1)(ii)...................  ...........................  1302.12(e)(1)(ii)......
1305.4(e)(1)(iii)..................  ...........................  1302.12(e)(1)(iii).....
1305.4(e)(1)(iv)...................  ...........................  1302.12(e)(1)(iv)......
1305.4(e)(2).......................  ...........................  1302.12(e)(2)..........
1305.4(e)(3).......................  ...........................  1302.12(e)(3)..........
1305.4(f)(1)(i)....................  ...........................  1302.12(c)(1)(iii).....
1305.4(f)(1)(ii)...................  ...........................  1302.12(c)(1)(iv)......
1305.4(f)(2).......................  ...........................  1302.16(c)(1)..........
1305.4(g)(1).......................  ...........................  1302.12(f).............
1305.4(g)(2).......................  ...........................  1302.12(f).............
1305.4(g)(3).......................  ...........................  1302.12(f).............
1305.4(h)..........................  ...........................  1302.12(h).............
1305.4(i)(1)(i)....................  ...........................  1302.12(i)(1)..........
1305.4(i)(1)(ii)...................  ...........................  1302.12(i)(1)..........
1305.4(i)(1)(iii)..................  ...........................  1302.12(i)(1)..........
1305.4(i)(2).......................  ...........................  1302.12(i)(2)..........
1305.4(i)(3)(i)(A).................  ...........................  1302.12(i)(3)(i).......
1305.4(i)(3)(i)(B).................  ...........................  1302.12(i)(3)(i).......
1305.4(i)(3)(ii)...................  ...........................  1302.12(i)(3)(ii)......
1305.4(i)(4).......................  ...........................  1302.12(j)(3)..........
1305.4(i)(5).......................  ...........................  1302.12(i)(4)..........
1305.4(j)(1)(i)....................  ...........................  1302.12(i)(5)(i).......
1305.4(j)(1)(ii)...................  ...........................  1302.12(i)(5)(ii)......
1305.4(j)(1)(iii)..................  ...........................  1302.12(j)(5)(iii).....
1305.4(j)(2)(i)....................  ...........................  1302.12(i)(6)..........
1305.4(j)(2)(ii)...................  ...........................  1302.12(i)(6)..........
1305.4(j)(3)(i)....................  ...........................  1302.12(i)(7)(i).......
1305.4(j)(3)(ii)...................  ...........................  1302.12(i)(7)(ii)......
1305.4(j)(4).......................  ...........................  1302.12(i)(8)..........
1305.4(k)(1).......................  ...........................  1302.12(j)(1)..........
1305.4(k)(2).......................  ...........................  1302.12(j)(4)..........
1305.4(l)(1).......................  ...........................  1302.12(k)(1)..........
1305.4(l)(2)(i)....................  ...........................  1302.12(k)(2)(i).......
1305.4(l)(2)(ii)(A)................  ...........................  1302.12(k)(2)(ii)(A)...
1305.4(l)(2)(ii)(B)................  ...........................  1302.12(k)(2)(ii)(B)...
1305.4(l)(2)(ii)(C)(1).............  ...........................  1302.12(k)(2)(ii)(B)...
1305.4(l)(2)(ii)(C)(2).............  ...........................  1302.12(k)(2)(ii)(B)...
1305.4(l)(2)(ii)(C)(3).............  ...........................  1302.12(k)(2)(ii)(B)...
1305.4(l)(2)(iii)(A)...............  ...........................  1302.12(k)(2)(iii)(A)..
1305.4(l)(2)(iii)(B)...............  ...........................  1302.12(k)(2)(iii)(B)..
1305.4(l)(2)(iii)(C)...............  ...........................  1302.12(k)(2)(iii)(C)..

[[Page 35447]]

 
1305.4(l)(2)(iii)(D)...............  ...........................  1302.12(k)(2)(iii)(C)..
1305.4(l)(2)(iii)(E)...............  ...........................  1302.12(k)(2)(iii)(D)..
1305.4(l)(2)(iii)(F)...............  ...........................  1302.12(k)(2)(iii)(E)..
1305.4(l)(3)(i)....................  ...........................  1302.12(k)(3)..........
1305.4(l)(3)(ii)...................  ...........................  1302.12(k)(3)..........
1305.4(l)(3)(iii)..................  ...........................  1302.12(k)(3)..........
1305.4(m)..........................  ...........................  1302.12(l).............
1305.4(n)(1).......................  ...........................  1302.12(m)(1)..........
1305.4(n)(1)(i)....................  ...........................  1302.12(m)(1)(i).......
1305.4(n)(1)(ii)...................  ...........................  1302.12(m)(1)(ii)......
1305.4(n)(1)(iii)..................  ...........................  1302.12(m)(1)(iii).....
1305.4(n)(2).......................  ...........................  1302.12(m)(2)..........
1305.4(n)(3).......................  ...........................  1302.12(m)(3)..........
1305.4(n)(4).......................  ...........................  1302.12(m)(4)..........
1305.5(a)..........................  Recruitment of children....  1302.13(a) first         Second sentence
                                                                   sentence.                removed.
1305.5(b)..........................  ...........................  1302.13(b)(1-2)........
1305.5(c)..........................  ...........................  1302.13(b)(1)..........
1305.6(a)..........................  Selection process..........  1302.14(a)(1)..........
1305.6(b)..........................  ...........................  1302.14(a)(1)(i)(iv)&
                                                                   1302.14(a)(2).
1305.6(c)..........................  ...........................  1302.14(b)(1)..........
1305.6(d)..........................  ...........................  1302.14(c).............
1305.7(a)..........................  Enrollment and reenrollment  1302.12.
                                                                  1302.15(b).............
1305.7(b)..........................  ...........................  1302.15(a) 1st sentence
                                                                   amended and combined
                                                                   with second sentence.
                                                                   Third sentence is
                                                                   removed.
1305.7(c)..........................  ...........................  1302.12(j)(2).
                                                                  1302.70(d)(1)-last
                                                                   sentence.
1305.8(a)..........................  Attendance.................  1302.16(b).............
1305.8(b)..........................  ...........................  1302.16(a)(2)..........
1305.8(c)..........................  ...........................  1302.16(a)(3)..........
1305.9.............................  Policy on fees.............  1302.18.
                                                                  Second sentence removed
1305.10............................  Compliance.................  1304.4(a)(2)(iv).......
1306...............................  Program staffing...........
1306.1.............................  Purpose and scope..........  .......................  Removed.
1306.2.............................  Effective dates............  .......................  Removed.
1306.2(a)..........................  ...........................  .......................  Removed.
1306.2(b)..........................  ...........................  .......................  Removed.
1306.3.............................  Definitions................  1305...................
1306.20(a).........................  Program staffing patterns..  .......................  Removed.
1306.20(b).........................  ...........................  1302.101(a)(2).........
1306.20(c).........................  ...........................  1302.21(b).............  Last sentence
                                                                                            removed.
1306.20(d).........................  ...........................  .......................  Removed.
1306.20(e).........................  ...........................  .......................  Removed.
1306.20(f).........................  ...........................  1302.90(d)(1)..........
1306.20(g).........................  ...........................  1302.23(b)(1)..........
1306.20(g)(1)......................  ...........................  1302.23(b)(2)..........
1306.20(g)(2)......................  ...........................  1302.23(b)(3)..........
1306.20(g)(3)......................  ...........................  .......................  Removed.
1306.20(h)(1)......................  ...........................  1302.23(e).............
1306.20(h)(2)......................  ...........................  1302.23(e).............
1306.20(h)(3)......................  ...........................  1302.23(e)(2)-(4)......
1306.20(i).........................  ...........................  1302.20(b).............
1306.21............................  Staff qualification........  1302.91(c)-(e).........
1306.22(a).........................  Volunteers.................  .......................  Removed.
1306.22(b).........................  ...........................  .......................  Removed.
1306.23(a).........................  Training...................  1302.92................
1306.23(b).........................  ...........................  1302.92(a).............
1306.30(a).........................  Provision of comprehensive   1302.20(b).............
                                      child development services.
1306.30(b).........................  ...........................  .......................  Removed.
1306.30(c).........................  ...........................  1302.21(d)(1).
                                                                  1302.22(d).............
                                                                  1302.23(d).............
1306.30(d).........................  ...........................  .......................  Removed.
1306.31(a).........................  Choosing a Head Start        1302.20(a)(1)..........
                                      program option.
1306.31(b).........................  ...........................  1302.20(a)(1)..........
1306.31(c).........................  ...........................  .......................  Removed.
1306.32(a)(1)......................  Center-based program option  1302.21(b).............

[[Page 35448]]

 
1306.32(a)(2)......................  ...........................  1302.21(b)(1)..........
1306.32(a)(3)......................  ...........................  1302.21(b)(5)..........
1306.32(a)(4)......................  ...........................  1302.24(c)(2)(ii)......
1306.32(a)(5)......................  ...........................  1302.21(b)(4)..........
1306.32(a)(6)......................  ...........................  1302.24(c)(2)(i).......
1306.32(a)(7)......................  ...........................  .......................  Removed.
1306.32(a)(8)......................  ...........................  .......................  Removed.
1306.32(a)(9)......................  ...........................  .......................  Removed.
1306.32(a)(10).....................  ...........................  1302.21(b)(1)..........  Second sentence
                                                                                            removed.
1306.32(a)(11).....................  ...........................  .......................  Removed.
1306.32(a)(12).....................  ...........................  1302.21(b).............
1306.32(b)(1)......................  ...........................  .......................  Removed.
1306.32(b)(2)......................  ...........................  1302.21(c)(2)..........
1306.32(b)(3)......................  ...........................  1302.21(c)(1).
                                                                  1302.21(c)(1)(ii)......
1306.32(b)(4)......................  ...........................  1302.21(c)(1)(i).......  Last sentence
                                                                                            removed.
1306.32(b)(5)......................  ...........................  1302.16(a)(2)..........  First sentence
                                                                                            removed.
1306.32(b)(6)......................  ...........................  1302.21(c)(2)..........
1306.32(b)(7)......................  ...........................  1302.101(a)(3).........  Last sentence
                                                                                            removed.
1306.32(b)(8)......................  ...........................  1302.17(c).
                                                                  1302.34(b)(6)..........
1306.32(b)(9)......................  ...........................  1302.34(b)(2).
                                                                  1302.34(b)(7)..........
1306.32(c)(1)......................  ...........................  .......................  Removed.
1306.32(c)(2)......................  ...........................  .......................  Removed.
1306.32(c)(3)......................  ...........................  .......................  Removed.
1306.32(d)(1)......................  ...........................  .......................  Removed.
1306.32(d)(2)......................  ...........................  .......................  Removed.
1306.32(d)(3)......................  ...........................  .......................  Removed.
1306.32(e).........................  ...........................  .......................  Removed.
1306.33(a)(1)......................  Home based program option..  1302.22(c)(1).
                                                                  1302.24(c)(3)(i).......
1306.33(a)(2)......................  ...........................  1302.22(c)(2).
                                                                  1302.24(c)(3)(ii)......
1306.33(a)(3)......................  ...........................  1302.22(c)(3)-(4)......
1306.33(a)(4)......................  ...........................  1302.101(a)(3).........
1306.33(a)(5)......................  ...........................  1302.22(b).............
1306.33(b).........................  ...........................  1302.35(b)(1).
                                                                  1302.35(b)(3)..........
                                                                  1302.91(f).............
1306.33(b)(1)......................  ...........................  1302.35(a).............
1306.33(b)(2)......................  ...........................  .......................  Removed.
1306.33(c).........................  ...........................  1302.35(e)(1)..........
1306.33(c)(1)......................  ...........................  1302.35(e)(2)(i).        Last sentence
                                                                  1302.35(e)(1)..........   removed.
1306.33(c)(2)......................  ...........................  .......................  Removed.
1306.33(c)(3)......................  ...........................  1302.44(a)(2)(vii).....
1306.34(a)(1)......................  Combination program option.  .......................  Removed.
1306.34(a)(2)......................  ...........................  .......................  Removed.
1306.34(a)(3)......................  ...........................  .......................  Removed.
1306.34(a)(4)......................  ...........................  .......................  Removed.
1306.34(b)(1)......................  ...........................  .......................  Removed.
1306.34(b)(2)......................  ...........................  .......................  Removed.
1306.34(b)(3)......................  ...........................  .......................  Removed.
1306.34(c)(1)......................  ...........................  .......................  Removed.
1306.34(c)(2)......................  ...........................  .......................  Removed.
1306.35(a)(1)......................  Family child care program    1302.23(a)(1).
                                      option.                     1302.23(c).............
1306.35(a)(2)(i)...................  ...........................  1302.23(a)(2)..........
1306.35(a)(2)(ii)..................  ...........................  1302.23(a)(1)..........
1306.35(a)(3)......................  ...........................  1302.23(a).
                                                                  1302.31(d).............
1306.35(a)(4)......................  ...........................  1301.4(c)(1)...........
1306.35(b)(1)......................  ...........................  1302.47(a).............  Second sentence
                                                                                            removed.
1306.35(b)(2)(i)...................  ...........................  1302.47(b)(1)(i)-(iii).
1306.35(b)(2)(ii)..................  ...........................  1302.47(b)(1)(v)(B)....
1306.35(b)(2)(iii).................  ...........................  .......................  Removed.

[[Page 35449]]

 
1306.35(b)(2)(iv)..................  ...........................  1302.47(4)(ii)
                                                                  1302.47(b)(5)..........
1306.35(b)(2)(v)...................  ...........................  1302.47(b)(1)
                                                                  1302.47(b)(5)..........
1306.35(b)(2)(vi)..................  ...........................  .......................  Removed.
1306.35(b)(2)(vii).................  ...........................  1302.47(b)(1)..........
1306.35(b)(2)(viii)................  ...........................  1302.47(b)(4)
                                                                  1302.47(b)(5)..........
1306.35(b)(2)(ix)..................  ...........................  1302.47(b)(1)..........
1306.35(c).........................  ...........................  1302.47(b)(7)..........
1306.35(d).........................  ...........................  1302.23(d).............
1306.36............................  Additional Head Start        1302.24(a).............
                                      program option variations.
1306.37............................  Compliance waiver..........  1302.24(c).............
1307...............................  Policies and procedures for  No changes made--only
                                      designation renewal of       redesignated--will not
                                      Head Start and Early Head    consider comments.
                                      Start grantees.
1307.1.............................  Purpose and scope..........  1304.10................  Redesignated.
1307.2.............................  Definitions................  1305...................  Redesignated.
1307.3.............................  Basis for determining        1304.11................  Redesignated.
                                      whether a Head Start
                                      agency will be subject to
                                      an open competition.
1307.3(a)..........................  ...........................  1304.11(a).............  Redesignated.
1307.3(b)..........................  ...........................  1304.11(b).............  Redesignated.
1307.3(b)(1).......................  ...........................  1304.11(b)(1)..........  Redesignated.
1307.3(b)(1)(i)....................  ...........................  1304.11(b)(1)(i).......  Redesignated.
1307.3(b)(1)(ii)...................  ...........................  1304.11(b)(1)(ii)......  Redesignated.
1307.3(b)(1)(iii)..................  ...........................  1304.11(b)(1)(iii).....  Redesignated.
1307.3(b)(2).......................  ...........................  1304.11(b)(2)..........  Redesignated.
1307.3(b)(2)(i)....................  ...........................  1304.11(b)(2)(i).......  Redesignated.
1307.3(b)(2)(ii)...................  ...........................  1304.11(b)(2)(ii)......  Redesignated.
1307.3(c)..........................  ...........................  1304.11(c).............  Redesignated.
1307.3(c)(1).......................  ...........................  1304.11(c)(1)..........  Redesignated.
1307.3(c)(1)(i)....................  ...........................  1304.11(c)(1)(i).......  Redesignated.
1307.3(c)(1)(ii)...................  ...........................  1304.11(c)(1)(ii)......  Redesignated.
1307.3(c)(1)(iii)..................  ...........................  1304.11(c)(1)(iii).....  Redesignated.
1307.3(c)(2).......................  ...........................  1304.11(c)(2)..........  Redesignated.
1307.3(d)..........................  ...........................  1304.11(d).............  Redesignated.
1307.3(e)..........................  ...........................  1304.11(e).............  Redesignated.
1307.3(f)..........................  ...........................  1304.11(f).............  Redesignated.
1307.3(g)..........................  ...........................  1304.11(g).............  Redesignated.
1307.4(a)..........................  Grantee reporting            1304.12(a).............  Redesignated.
                                      requirements concerning
                                      certain conditions.
1307.4(b)..........................  ...........................  1304.12(b).............  Redesignated.
1307.4(b)(1).......................  ...........................  1304.12(b)(1)..........  Redesignated.
1307.4(b)(2).......................  ...........................  1304.12(b)(2)..........  Redesignated.
1307.4(b)(3).......................  ...........................  1304.12(b)(3)..........  Redesignated.
1307.4(b)(4).......................  ...........................  1304.12(b)(4)..........  Redesignated.
1307.5.............................  Requirements to be           1304.13................  Redesignated.
                                      considered for designation
                                      for a five-year period
                                      when the existing grantee
                                      in a community is not
                                      determined to be
                                      delivering a high quality
                                      and comprehensive Head
                                      Start program and is not
                                      automatically renewed.
1307.60(a).........................  Tribal government            1304.14(a).............  Redesignated.
                                      consultation under the
                                      Designation Renewal System
                                      for when an Indian Head
                                      Start grant is being
                                      considered for competition.
1307.60(a)(1)......................  ...........................  1304.14(a)(1)..........  Redesignated.
1307.60(a)(2)......................  ...........................  1304.14(a)(2)..........  Redesignated.
1307.60(a)(3)......................  ...........................  1304.14(a)(3)..........  Redesignated.
1307.60(b).........................  ...........................  1304.1514(b)...........  Redesignated.
1307.60(c).........................  ...........................  1304.14(c).............  Redesignated.
1307.70(a).........................  Designation request, review  1304.15(a).............  Redesignated.
                                      and notification process.
1307.70(a)(1)......................  ...........................  1304.15(a)(1)..........  Redesignated.
1307.70(a)(2)......................  ...........................  1304.15(a)(2)..........  Redesignated.
1307.70(b).........................  ...........................  1304.15(b).............  Redesignated.
1307.70(b)(1)......................  ...........................  1304.15(b)(1)..........  Redesignated.
1307.70(b)(2)......................  ...........................  1304.15(b)(2)..........  Redesignated.
1307.70(b)(3)......................  ...........................  1304.15(b)(3)..........  Redesignated.
1307.70(c).........................  ...........................  1304.15(c).............  Redesignated.

[[Page 35450]]

 
1307.70(c)(1)......................  ...........................  1304.15(c)(1)..........  Redesignated.
1307.70(c)(2)......................  ...........................  1304.15(c)(2)..........  Redesignated.
1307.70(c)(2)(i)...................  ...........................  1304.15(c)(2)(i).......  Redesignated.
1307.70(c)(2)(i)...................  ...........................  1304.15(c)(2)(i).......  Redesignated.
1307.70(c)(3)......................  ...........................  .......................  Redesignated.
1307.70(c(3)(i)....................  ...........................  .......................  Redesignated.
1307.70(c)(3)ii)...................  ...........................  .......................  Redesignated.
1307.80............................  Use of CLASS: Pre-K          .......................  Redesignated.
                                      Instrument in the
                                      Designation Renewal System.
1308...............................  Service for children with
                                      disabilities.
1308.1.............................  Purpose....................  1302.60................
1308.2.............................  Scope......................  .......................  Removed.
1308.3.............................  Definitions................  1305...................
1308.4(a)..........................  Disabilities service plan..  1302.101(b)(3).........
1308.4(a)(1).......................  ...........................  .......................  Removed.
1308.4(a)(2).......................  ...........................  .......................  Removed.
1308.4(b)..........................  ...........................  1302.101(b)(3).........
1308.4(c)..........................  ...........................  1302.60................
1308.4(d)..........................  ...........................  .......................  Removed.
1308.4(e)..........................  ...........................  .......................  Removed.
1308.4(f)(1).......................  ...........................  1302.63(a).............
1308.4(f)(2).......................  ...........................  1302.63(a).............
1308.4(f)(3).......................  ...........................  .......................  Removed.
1308.4(f)(4).......................  ...........................  .......................  Removed.
1308.4(g)..........................  ...........................  1302.61(b)(3)..........
1308.4(h)..........................  ...........................  .......................  Removed.
1308.4(h)(1).......................  ...........................  .......................  Removed.
1308.4(h)(2).......................  ...........................  .......................  Removed.
1308.4(h)(3).......................  ...........................  .......................  Removed.
1308.4(h)(4).......................  ...........................  .......................  Removed.
1308.4(h)(5).......................  ...........................  .......................  Removed.
1308.4(h)(6).......................  ...........................  1303.75................
1308.4(h)(7).......................  ...........................  .......................  Removed.
1308.4(i)..........................  ...........................  .......................  Removed.
1308.4(j)(1).......................  ...........................  .......................  Removed.
1308.4(j)(2).......................  ...........................  .......................  Removed.
1308.4(j)(3).......................  ...........................  .......................  Removed.
1308.4(j)(4).......................  ...........................  .......................  Removed.
1308.4(j)(5).......................  ...........................  .......................  Removed.
1308.4(j)(5)(i)....................  ...........................  .......................  Removed.
1308.4(j)(5)(ii)...................  ...........................  .......................  Removed.
1308.4(j)(5)(iii)..................  ...........................  .......................  Removed.
1308.4(k)..........................  ...........................  .......................  Removed.
1308.4(l)..........................  ...........................  1302.63(b).............
1308.4(l)(1).......................  ...........................  .......................  Removed.
1308.4(l)(2).......................  ...........................  .......................  Removed.
1308.4(l)(3).......................  ...........................  1302.63(b).............
1308.4(l)(4).......................  ...........................  1302.63(b).............
1308.4(l)(5).......................  ...........................  .......................  Removed.
1308.4(l)(6).......................  ...........................  .......................  Removed.
1308.4(l)(7).......................  ...........................  .......................  Removed.
1308.4(m)..........................  ...........................  .......................  Removed.
1308.4(n)..........................  ...........................  .......................  Removed.
1308.4(o)..........................  ...........................  .......................  Removed.
1308.4(o)(1).......................  ...........................  .......................  Removed.
1308.4(o)(2).......................  ...........................  .......................  Removed.
1308.4(o)(3).......................  ...........................  .......................  Removed.
1308.4(o)(4).......................  ...........................  .......................  Removed.
1308.4(o)(5).......................  ...........................  .......................  Removed.
1308.4(o)(6).......................  ...........................  .......................  Removed.
1308.4(o)(7).......................  ...........................  .......................  Removed.
1308.4(o)(7)(i)....................  ...........................  .......................  Removed.
1308.4(o)(7)(ii)...................  ...........................  .......................  Removed.
1308.4(o)(7)(iii)..................  ...........................  .......................  Removed.
1308.5(a)..........................  Recruitment and enrollment   1302.12(b)(3)..........
                                      of children with
                                      disabilities.
1308.5(b)..........................  ...........................  .......................  Removed.
1308.5(c)(1).......................  ...........................  1302.13(b)(2)..........
1308.5(c)(2).......................  ...........................  1302.13(b)(2)..........
1308.5(c)(3).......................  ...........................  1302.13(b)(2)..........
1308.5(c)(4).......................  ...........................  1302.13(b)(2)..........
1308.5(d)(1).......................  ...........................  .......................  Removed.

[[Page 35451]]

 
1308.5(d)(2).......................  ...........................  .......................  Removed.
1308.5(d)(3).......................  ...........................  .......................  Removed.
1308.5(d)(4).......................  ...........................  .......................  Removed.
1308.5(d)(5).......................  ...........................  .......................  Removed.
1308.5(e)..........................  ...........................  1302.13(a)(1)(v).......
1308.5(e)(1).......................  ...........................  .......................  Removed.
1308.5(e)(2).......................  ...........................  .......................  Removed.
1308.5(e)(3).......................  ...........................  .......................  Removed.
1308.5(f)..........................  ...........................  .......................  Removed.
1308.6(a)..........................  Assessment of children.....  .......................  Removed.
1308.6(a)(1).......................  ...........................  1302.33(a).............
1308.6(a)(2).......................  ...........................  1302.33(b).............
1308.6(a)(3).......................  ...........................  .......................  Removed.
1308.6(b)(1).......................  ...........................  1302.33(a)
                                                                  1302.42(b)(2)..........
1308.6(b)(2).......................  ...........................  .......................  Removed.
1308.6(b)(3).......................  ...........................  .......................  Removed.
1308.6(c)..........................  ...........................  1302.34(b)(5)..........
1308.6(d)..........................  ...........................  .......................  Removed.
1308.6(e)..........................  ...........................  1302.33(a)(2)..........
1308.6(e)(1).......................  ...........................  1302.33(a)(2)..........
1308.6(e)(2).......................  ...........................  .......................  Removed.
1308.6(e)(2)(i)....................  ...........................  .......................  Removed.
1308.6(e)(2)(ii)...................  ...........................  .......................  Removed.
1308.6(e)(2)(iii)..................  ...........................  .......................  Removed.
1308.6(e)(2)(iv)...................  ...........................  .......................  Removed.
1308.6(e)(2)(v)....................  ...........................  .......................  Removed.
1308.6(e)(2)(vi)...................  ...........................  .......................  Removed.
1308.6(e)(2)(vii)..................  ...........................  .......................  Removed.
1308.6(e)(2)(viii).................  ...........................  .......................  Removed.
1308.6(e)(3).......................  ...........................  .......................  Removed.
1306.6(e)(4).......................  ...........................  .......................  Removed.
1306.6(e)(5).......................  ...........................  .......................  Removed.
1308.7(a)..........................  Eligibility criteria:        .......................  Removed.
                                      Health impairment.
1308.7(b)..........................  ...........................  .......................  Removed.
1308.7(c)..........................  ...........................  .......................  Removed.
1308.7(d)..........................  ...........................  .......................  Removed.
1308.7(d)(1).......................  ...........................  .......................  Removed.
1308.7(d)(2).......................  ...........................  .......................  Removed.
1308.7(d)(2)(i)....................  ...........................  .......................  Removed.
1308.7(d)(2)(ii)...................  ...........................  .......................  Removed.
1308.7(d)(2)(iii)..................  ...........................  .......................  Removed.
1308.7(d)(2)(iv)...................  ...........................  .......................  Removed.
1308.7(d)(2)(v)....................  ...........................  .......................  Removed.
1308.7(d)(3).......................  ...........................  .......................  Removed.
1308.7(d)(4).......................  ...........................  .......................  Removed.
1308.8(a)..........................  Eligibility criteria:        .......................  Removed.
                                      Emotional/behavioral
                                      disorders.
1308.8(a)(1).......................  ...........................  .......................  Removed.
1308.8(a)(2).......................  ...........................  .......................  Removed.
1308.8(a)(3).......................  ...........................  .......................  Removed.
1308.8(a)(4).......................  ...........................  .......................  Removed.
1308.8(b)..........................  ...........................  .......................  Removed.
1308.8(c)..........................  ...........................  .......................  Removed.
1308.9(a)..........................  Eligibility criteria:        .......................  Removed.
                                      Speech or language
                                      impairments.
1308.9(b)..........................  ...........................  .......................  Removed.
1308.9(c)..........................  ...........................  .......................  Removed.
1308.9(d)..........................  ...........................  .......................  Removed.
1308.9(e)..........................  ...........................  .......................  Removed.
1308.9(e)(1).......................  ...........................  .......................  Removed.
1308.9(e)(2).......................  ...........................  .......................  Removed.
1308.9(e)(3).......................  ...........................  .......................  Removed.
1308.10(a).........................  Eligibility criteria:        .......................  Removed.
                                      Mental retardation.
1308.10(b).........................  ...........................  .......................  Removed.
1308.10(c).........................  ...........................  .......................  Removed.
1308.11............................  Eligibility criteria:        .......................  Removed.
                                      Hearing impairment
                                      including deafness.
1308.11(a).........................  ...........................  .......................  Removed.
1308.11(b).........................  ...........................  .......................  Removed.
1308.11(c).........................  ...........................  .......................  Removed.
1308.12(a).........................  Eligibility criteria:        .......................  Removed.
                                      Orthopedic impairment.

[[Page 35452]]

 
1308.12(b).........................  ...........................  .......................  Removed.
1308.13(a).........................  Eligibility criteria:        .......................  Removed.
                                      Visual impairment
                                      including blindness.
1308.13(a)(1)......................  ...........................  .......................  Removed.
1308.13(a)(2)......................  ...........................  .......................  Removed.
1303.13(b).........................  ...........................  .......................  Removed.
1308.14(a).........................  Eligibility criteria:        .......................  Removed.
                                      Learning disabilities.
1308.14(b).........................  ...........................  .......................  Removed.
1308.14(b)(1)......................  ...........................  .......................  Removed.
1308.14(b)(2)......................  ...........................  .......................  Removed.
1308.14(b)(3)......................  ...........................  .......................  Removed.
1308.14(c).........................  ...........................  .......................  Removed.
1308.15............................  Eligibility criteria:        .......................  Removed.
                                      Autism.
1308.16............................  Eligibility criteria:        .......................  Removed.
                                      Traumatic brain injury.
1308.17(a).........................  Eligibility criteria: Other  .......................  Removed.
                                      impairments.
1308.17(a)(1)......................  ...........................  .......................  Removed.
1308.17(a)(2)......................  ...........................  .......................  Removed.
1308.17(a)(3)......................  ...........................  .......................  Removed.
1308.17(b).........................  ...........................  .......................  Removed.
1308.17(c).........................  ...........................  .......................  Removed.
1308.17(d).........................  ...........................  .......................  Removed.
1308.17(e).........................  ...........................  .......................  Removed.
1308.18(a).........................  Disabilities/health          .......................  Removed.
                                      services coordination.
1308.18(b).........................  ...........................  .......................  Removed.
1308.18(c).........................  ...........................  .......................  Removed.
1308.18(d)(1)......................  ...........................  1302.47(b)(7)(v).......
1308.18(d)(2)......................  ...........................  .......................  Removed.
1308.18(d)(3)......................  ...........................  .......................  Removed.
1308.18(d)(4)......................  ...........................  .......................  Removed.
1308.19(a).........................  Developing individualized    .......................  Removed.
                                      education programs(IEPs).
1308.19(b).........................  ...........................  .......................  Removed.
1308.19(c).........................  ...........................  .......................  Removed.
1308.19(d).........................  ...........................  .......................  Removed.
1308.19(e).........................  ...........................  .......................  Removed.
1308.19(e)(1)......................  ...........................  .......................  Removed.
1308.19(e)(2)......................  ...........................  .......................  Removed.
1308.19(e)(3)......................  ...........................  .......................  Removed.
1308.19(e)(4)......................  ...........................  .......................  Removed.
1308.19(e)(5)......................  ...........................  .......................  Removed.
1308.19(e)(6)......................  ...........................  .......................  Removed.
1308.19(e)(7)......................  ...........................  .......................  Removed.
1308.19(e)(8)......................  ...........................  .......................  Removed.
1308.19(f).........................  ...........................  .......................  Removed.
1308.19(f)(1)......................  ...........................  .......................  Removed.
1308.19(f)(2)......................  ...........................  .......................  Removed.
1308.19(f)(3)......................  ...........................  .......................  Removed.
1308.19(f)(4)......................  ...........................  .......................  Removed.
1308.19(g).........................  ...........................  .......................  Removed.
1308.19(h).........................  ...........................  .......................  Removed.
1308.19(i).........................  ...........................  .......................  Removed.
1308.19(j).........................  ...........................  .......................  Removed.
1308.19(j)(1)......................  ...........................  .......................  Removed.
1308.19(j)(2)......................  ...........................  .......................  Removed.
1308.19(j)(3)......................  ...........................  .......................  Removed.
1308.19(j)(4)......................  ...........................  .......................  Removed.
1308.19(k).........................  ...........................  .......................  Removed.
1308.20(a).........................  Nutrition services.........  .......................  Removed.
1308.20(b).........................  ...........................  .......................  Removed.
1308.20(c).........................  ...........................  .......................  Removed.
1308.20(d).........................  ...........................  .......................  Removed.
1308.21(a)(1)......................  Parent participation and     1302.61(b)(3)..........
                                      transition of children
                                      into Head Start and from
                                      Head Start to public
                                      school.
1308.21(a)(2)......................  ...........................  1302.62(a)(1)..........
1308.21(a)(3)......................  ...........................  1302.34(b)(4)..........
1308.21(a)(4)......................  ...........................  .......................  Removed.
1308.21(a)(5)......................  ...........................  .......................  Removed.
1308.21(a)(6)......................  ...........................  1302.62(a)(2)..........
1308.21(a)(7)......................  ...........................  1302.62(b).............
1308.21(a)(8)......................  ...........................  .......................  Removed.
1308.21(a)(9)......................  ...........................  .......................  Removed.

[[Page 35453]]

 
1308.21(a)(10).....................  ...........................  1302.62(a).............
1308.21(b).........................  ...........................  1302.62(b)(3)..........
1308.21(c).........................  ...........................  .......................  Removed.
1309...............................  Head Start facilities
                                      purchase, major renovation
                                      and construction.
1309.1.............................  ...........................  1303.40................
1309.2.............................  Approval of the use of Head  1303.41................
                                      Start funds to continue
                                      purchase of facilities.
1309.3.............................  Definitions................  1305...................
1309.4.............................  Eligibility--Construction..
1309.4(a)..........................  ...........................  1303.42(a)(1)..........
1309.4(b)..........................  ...........................  1303.42(a)(3)
                                                                  1303.42(b).............
1309.5.............................  Eligibility--Major
                                      renovations.
1309.5(a)..........................  ...........................  1303.42(a)(1)..........
1309.5(b)..........................  ...........................  1303.42(a)(3)
                                                                  1303.42(b).............
1309.10............................  Applications for the         1303.44(a).............
                                      purchase, construction and
                                      major renovation of
                                      facilities.
1309.10(a).........................  ...........................  1303.44(a)(1)
                                                                  1303.44(a)(2)..........
1309.10(b).........................  ...........................  1303.44(a)(3)
                                                                  1303.44(a)(5)..........
                                                                  1303.45(a)(1)..........
1309.10(c).........................  ...........................  1303.44(a)(8)..........
1309.10(d).........................  ...........................  1303.44(a)(3)
                                                                  1303.45(c).............
1309.10(e).........................  ...........................  1303.44(a)(4)..........
1309.10(f).........................  ...........................  1303.42(b).............
1309.10(g).........................  ...........................  1303.44(a)(11).........
1309.10(h).........................  ...........................  1303.44(a)(9)..........
1309.10(i).........................  ...........................  1303.44(a)(4)..........
1309.10(j).........................  ...........................  .......................  Removed.
1309.10(k).........................  ...........................  1303.44(a)(6)..........
1309.10(l).........................  ...........................  1303.44(b)
                                                                  1303.48(b).............
                                                                  1303.50(a).............
1309.10(m).........................  ...........................  1303.44(a)(12).........
1309.10(n).........................  ...........................  .......................  Removed.
1309.10(o).........................  ...........................  1303.44(a)(9)..........
1309.10(p).........................  ...........................  1303.44(a)(10).........
1309.10(q).........................  ...........................  1303.44(a)(13).........
1309.11(a).........................  Cost comparison for          1303.45(a)(1)..........
                                      purchase, construction and
                                      major renovation of
                                      facilities.
1309.11(b).........................  ...........................  1303.45(a)(2)(i).......
1309.11(c)(1)......................  ...........................  1303.45(a)(1)..........
1309.11(c)(2)......................  ...........................  .......................  Removed.
1309.11(c)(3)......................  ...........................  1303.45(a)(1)..........
1309.11(d)(1)......................  ...........................  1303.45(a)(2)(i).......
1309.11(d)(2)......................  ...........................  1303.45(a)(2)(i).......
1309.11(e).........................  ...........................  1303.45(a)(2)(ii)......
1309.11(f).........................  ...........................  1303.45(c).............
1309.20............................  Title......................  .......................  Removed.
1309.21............................  Recording of federal
                                      interest
                                     and other protection of
                                      federal interest.
1309.21(a).........................  ...........................  1305 First Sentence
                                                                  1303.51 Second Sentence
1309.21(b).........................  ...........................  1303.48(a).............
1309.21(c).........................  ...........................  1303.48(b).............
1309.21(d)(1)......................  ...........................  1303.50................
1309.21(d)(2)......................  ...........................  1303.46(b)(1) First
                                                                   sentence
                                                                  1303.47(b)(1) Second
                                                                   sentence.
                                                                  1303.47(b)(1)(vi) Third
                                                                   sentence.
                                                                  Fourth sentence removed
                                                                  1303.47(b)(2) Last
                                                                   sentence.
1309.21(d)(3)......................  ...........................  .......................
1309.21(d)(3)(i)...................  ...........................  1303.47(b)(1)(i)-(iii).
1309.21(d)(3)(ii)..................  ...........................  1303.47(b)(1)(v).......
1309.21(d)(3)(iii).................  ...........................  1303.47(b)(1)(v).......
1309.21(d)(3)(iv)..................  ...........................  1303.48(a).............
1309.21(d)(3)(v)...................  ...........................  .......................  Removed.
1309.21(d)(3)(vi)..................  ...........................  1303.47(a)(9)..........

[[Page 35454]]

 
1309.21(d)(4)......................  ...........................  1303.47(b)(1)..........
1309.21(d)(4)(i)...................  ...........................  1303.47(b)(1)(i)(ii)...
1309.21(d)(4)(ii)..................  ...........................  1303.47(b)(1)(v).......
1309.21(d)(4)(iii).................  ...........................  1303.47(b)(1)(v).......
1309.21(e).........................  ...........................  1303.55(a): 1303.3.....
1309.21(f)(1)......................  ...........................  1303.51................
1309.21(f)(1)(i)...................  ...........................  .......................  Removed.
1309.21(f)(1)(ii)..................  ...........................  .......................  Removed.
1309.21(f)(1)(iii).................  ...........................  .......................  Removed.
1309.21(f)(2)......................  ...........................  1303.47................
1309.21(f)(2)(i)...................  ...........................  .......................  Removed.
1309.21(f)(2)(ii)..................  ...........................  .......................  Removed.
1309.21(f)(2)(iii).................  ...........................  .......................  Removed.
1309.21(f)(2)(iv)..................  ...........................  .......................  Removed.
1309.21(f)(3)......................  ...........................  .......................  Removed.
1309.22(a).........................  Rights and responsibilities  1303.49(a)(1),(3),(6),   Removed last two
                                      in the event of grantee's    & (7).                   sentences.
                                      default on mortgage, or
                                      withdrawal or termination.
1309.22(b).........................  ...........................  1303.49(b).............
1309.22(c).........................  ...........................  1303.49(a)(5); 1303.51.
1309.23(a).........................  Insurance, bonding and       1303.52(a).............
                                      maintenance.
1309.23(a)(1)......................  ...........................  1303.52(a) &
                                                                   1303.52(b)(1).
1309.23(a)(2)......................  ...........................  1303.52(b)(1) & (2)....
1309.23(b).........................  ...........................  1303.52(b)(3)..........
1309.23(c).........................  ...........................  1303.52(c).............
1309.30(a).........................  General....................  .......................  Removed.
1309.30(b).........................  ...........................  .......................  Removed.
1309.31(a).........................  Site description...........  1303.44(b)(2)..........
1309.31(b).........................  ...........................  1303.47(c).............
1309.31(c).........................  ...........................  1303.47(c)(7)..........
1309.32(a).........................  Statement of procurement     .......................  Removed.
                                      procedure for modular
                                      units.
1309.32(b).........................  ...........................  .......................  Removed.
1309.33............................  Inspection.................  1303.56................
1309.34............................  Costs of installation of     .......................  Removed.
                                      modular unit.
1309.40............................  Copies of documents........  1303.53................
1309.41............................  Record retention...........  1303.54................
1309.42............................  Audit of mortgage..........  .......................  Removed.
1309.43............................  Use of grant funds to pay    1303.43................
                                      fees.
1309.44(a).........................  Independent analysis.......  .......................  Removed.
1309.44(b).........................  ...........................  .......................  Removed.
1309.44(c).........................  ...........................  .......................  Removed.
1309.51(a).........................  Submission of drawings and   .......................  Removed.
                                      specifications.
1309.51(b).........................  ...........................  .......................  Removed.
1309.52(a).........................  Procurement procedures.....  1303.55(a).............
1309.52(b).........................  ...........................  1303.55(b).............
1309.52(c).........................  ...........................  1303.55(c).............
1309.52(d).........................  ...........................  1303.55(d).............
1309.53(a).........................  Inspection of work.........  1303.56................
1309.53(b).........................  ...........................  1303.56................
1309.54............................  Davis-Bacon Act............  1303.11................
1310...............................  Head Start transportation..
1310.1.............................  Purpose....................  .......................  Removed.
1310.2(a)..........................  Applicability..............  1303.70(a).............
1310.2(b)(1).......................  ...........................  .......................  Removed.
1310.2(b)(2).......................  ...........................  .......................  Removed.
1310.2(c)..........................  ...........................  1303.70(c)(1) and
                                                                   (c)(2).
1310.3.............................  Definitions................  1305...................
1310.10............................  General....................  .......................
1310.10(a).........................  ...........................  1303.70(b)(1)..........
1310.10(b).........................  ...........................  1303.70(b)(1)..........
1310.10(c).........................  ...........................  1303.70(a).............
1310.10(d)(1)......................  ...........................  1303.71(b).............
1310.10(d)(2)......................  ...........................  1303.71(b).............
1310.10(d)(3)......................  ...........................  1303.71(b).............
1310.10(d)(4)......................  ...........................  1303.71(b).............
1310.10(e).........................  ...........................  1303.71(c).............
1310.10(f).........................  ...........................  1303.70(b)(3)..........
1310.10(g).........................  ...........................  1303.72(a)(3)..........
1310.11(a).........................  Child restraint systems....  1303.71(d).............
1310.11(b).........................  ...........................  .......................  Removed.
1310.12(a).........................  Required use of school       1303.71(a).............
                                      buses or allowable
                                      alternate vehicles.

[[Page 35455]]

 
1310.12(b).........................  ...........................  1303.71(a).............
1310.12(b)(1)......................  ...........................  1303.71(a).............
1310.12(b)(2)......................  ...........................  1303.71(a).............
1310.12(c).........................  ...........................  1303.71(a).............
1310.13............................  Maintenance of vehicles....  1303.71(e)(1)..........
1310.13(a).........................  ...........................  1303.71(e)(2)(i).......
1310.13(b).........................  ...........................  1303.71(e)(2)(ii)......
1310.13(c).........................  ...........................  1303.71(e)(2)(iii).....
1310.14............................  Inspection of new vehicles   1303.71(f).............
                                      at the time of delivery.
1310.15(a).........................  Operation of vehicles......  1303.72(a)(1)..........
1310.15(b).........................  ...........................  1303.72(a)(2)..........
1310.15(c).........................  ...........................  1303.72(b)(4)..........
1310.15(d).........................  ...........................  .......................  Removed.
1310.16(a)(1)......................  Driver qualifications......  1303.72(b)(1)..........
1310.16(b).........................  ...........................  1303.72(c).............
1310.16(b)(1)......................  ...........................  1303.72(c)(1)..........
1310.16(b)(2)......................  ...........................  1303.72(c)(2) and
                                                                   1303.72(c)(3).
1310.16(b)(3)......................  ...........................  1303.72(c)(4)..........
1310.16(c).........................  ...........................  1303.72(c).............
1310.17(a).........................  Driver and bus monitor       third sentence is        First two sentences
                                      training.                    1303.72(d)(1).           removed
1310.17(b)(1)......................  ...........................  1303.72(d)(2)(i).......
1310.17(b)(2)......................  ...........................  1303.72(d)(2)(i).......
1310.17(b)(3)......................  ...........................  1303.72(d)(2)(i).......
1310.17(b)(4)......................  ...........................  1303.72(d)(2)(i).......
1310.17(b)(5)......................  ...........................  1303.72(d)(2)(i).......
1310.17(b)(6)......................  ...........................  1303.72(d)(2)(i).......
1310.17(b)(7)......................  ...........................  1303.72(d)(2)(i).......
1310.17(c).........................  ...........................  1303.72(d)(2)(ii)......
1310.17(d).........................  ...........................  .......................  Removed.
1310.17(e).........................  ...........................  .......................  Removed.
1310.17(f)(1)......................  ...........................  1303.72(d)(3)..........
1310.17(f)(2)......................  ...........................  1303.72(e).............
1310.20(a).........................  Trip routing...............  1303.73(a).............
1310.20(b)(1)......................  ...........................  1303.73(b)(1)..........
1310.20(b)(2)......................  ...........................  1303.73(b)(2)..........
1310.20(b)(3)......................  ...........................  1303.73(b)(3)..........
1310.20(b)(4)......................  ...........................  1303.73(b)(4)..........
1310.20(b)(5)......................  ...........................  1303.73(b)(5)..........
1310.20(b)(6)......................  ...........................  1303.73(b)(6)..........
1310.20(b)(7)......................  ...........................  1303.73(b)(7)..........
1310.21(a).........................  Safety education...........  1302.46(b)(1)(v).......  First sentence
                                                                                            redesignated and
                                                                                            revised. Remaining
                                                                                            removed.
1310.21(b)(1)......................  ...........................  1303.74(b).............
1310.21(b)(2)......................  ...........................  1303.74(b).............
1310.21(b)(3)......................  ...........................  1303.74(b).............
1310.21(b)(4)......................  ...........................  1303.74(b).............
1310.21(b)(5)......................  ...........................  1303.74(b).............
1310.21(c)(1)......................  ...........................  .......................  Removed.
1310.21(c)(2)......................  ...........................  .......................  Removed.
1310.21(d).........................  ...........................  1303.74(d).............
1310.21(e).........................  ...........................  .......................  Removed.
1310.22............................  Children with disabilities
1310.22(a).........................  ...........................  1303.75(a).............
1310.22(b).........................  ...........................  .......................  Removed.
1310.22(c).........................  ...........................  1303.75(b).............
1310.22(c)(1)......................  ...........................  1303.75(b).............
1310.22(c)(2)......................  ...........................  1303.75(b).............
1310.22(c)(3)......................  ...........................  1303.75(b).............
1310.22(c)(4)......................  ...........................  1303.75(b).............
1310.22(c)(5)......................  ...........................  1303.75(b).............
1310.23(a).........................  Coordinated transportation.  1303.70(b)(2)..........
1310.23(b)(1)......................  ...........................  .......................  Removed.
1310.23(b)(2)......................  ...........................  .......................  Removed.
1310.23(b)(3)......................  ...........................  .......................  Removed.
1311...............................  Head Start Fellows Program.  1304.41................
----------------------------------------------------------------------------------------------------------------


[[Page 35456]]

III. Background

    Initiated in 1965, as part of President Lyndon Johnson's ``War on 
Poverty,'' Head Start was created out of concern for the well-being of 
children in low-income families based on evidence that they were less 
likely to succeed in school than their more advantaged peers. As its 
name implies, the Head Start program was developed to enhance the 
experiences of children in low-income families prior to school entry, 
with the goal of alleviating the negative effects of growing up in 
poverty. At its inception, Head Start was the only large-scale child 
development program in the United States. It was visionary then, and in 
many ways continues to lead the early education community. For example, 
Head Start has been and continues to be a leader in its focus on family 
engagement and comprehensive services, on children with disabilities, 
and on children from diverse cultural and linguistic backgrounds; in 
its commitments to accountability for program quality; in its 
investments in the professional development of the early childhood 
education workforce that led to the development of the Child 
Development Associate (CDA) credential; and in its commitment to and 
investment in research and evaluation to strengthen quality, improve 
child outcomes, and reduce the achievement gap.
    When Project Head Start was first started in the summer of 1965, 
over 560,000 children and families across the United States were served 
in an 8-week program. As the program grew, it expanded opportunities 
for children to receive high quality services in a number of ways. Over 
time, Head Start grew to serving both 3- and 4-year-old children and 
was expanded to reach children in migrant and seasonal farm worker 
families, as well as American Indian and Alaska Native children. In 
1972, the Economic Opportunity Act was amended to expand Head Start 
program opportunities for children with disabilities for the first time 
and ensured that 10 percent of the enrollment opportunities for 
children served nationally were reserved for children who had 
disabilities. In 1995, Head Start expanded to include pregnant women 
and children from birth to 3 years of age, through the Early Head Start 
program, a visionary approach which led the field toward a new emphasis 
on intervention in children's earliest years. At the same time as it 
was expanding to reach more families, the Head Start program was also 
building an infrastructure to support quality, an effort for which 
there was little precedent. The first major revisions to the Head Start 
program performance standards to further support high quality services 
were issued in 1996, and in 1998, the Head Start Reauthorization Act 
included a mandate to expand full-day, full-year services. The 2007 
Head Start reauthorization placed an even greater emphasis on embedding 
research-based practices in Head Start and placing a stronger focus on 
the educational outcomes of Head Start children.
    Head Start now serves more than one million children and their 
families each year. The combination of Head Start's size and scope, the 
experience and input gained, and the major developments in early 
childhood research suggest that the time is right to capitalize on this 
knowledge and experience by overhauling the regulations that form the 
backbone of the comprehensive, high quality services Head Start 
programs strive to deliver. This NPRM builds upon that knowledge and 
experience to codify best practices and ensure Head Start's place as a 
leader in the field of early childhood. Through this NPRM, we intend to 
carry Head Start forward into the 21st century to ensure all Head Start 
children receive sufficient exposure to high quality services that will 
promote school success and reinvigorate the promise of Head Start 
envisioned in 1965 as a means to help end the effects of poverty child 
by child, community by community.

Statutory Authority and Requirements

    This NPRM is published under the authority granted to the Secretary 
of the Department of Health and Human Services under sections 641A, 
644, 645, 645A, and 646 of the Head Start Act (Act) (42 U.S.C. 9801, 
9836a, 9839(c), 9840, 9840a, and 9841), as amended by the Improving 
Head Start for School Readiness Act of 2007. In these sections, the 
Secretary is required to establish performance standards for Head Start 
and Early Head Start programs, as well as federal administrative 
procedures. Specifically, the Act requires the Secretary to ``. . . 
modify, as necessary, program performance standards by regulation 
applicable to Head Start agencies and programs . . .'' \7\ and 
explicitly directs a number of modifications, including 
``scientifically based and developmentally appropriate education 
performance standards related to school readiness that are based on the 
Head Start Child Outcomes Framework'' and to ``consult with experts in 
the fields of child development, early childhood education, child 
health care, family services . . ., administration, and financial 
management, and with persons with experience in the operation of Head 
Start programs.'' Not only did the Act mandate such significant 
revisions, there was also bipartisan and bicameral agreement in 
Congress that its central purpose was to update and raise the education 
standards and practices in Head Start programs.\8\ As such, the 
revisions proposed in this NPRM substantially expand upon and improve 
the standards related to the education of children in Head Start 
programs. Additionally, in order to meet requirements mandated by the 
Act, incorporate findings from scientific research, reflect best 
practices from years of program input, and integrate recommendations 
from the Secretary's Advisory Committee Final Report on Head Start 
Research and Evaluation,\9\ this NPRM proposes to reorganize and 
substantially amend the existing regulation.
---------------------------------------------------------------------------

    \7\ See section 641A(a)(1) of the Act.
    \8\ See http://beta.congress.gov/crec/2007/11/14/CREC-2007-11-14-pt1-PgS14375-2.pdf
    \9\ Advisory Committee on Head Start Research and Evaluation: 
Final Report. (2012).
---------------------------------------------------------------------------

Expert and Stakeholder Consultation

    We sought extensive input to develop this NPRM. Beginning in 2008 
and continuing through 2014, we convened consultations, listening 
sessions, and focus groups that involved child development experts, 
subject matter experts, early childhood education program 
administrators, representatives from Indian tribes, Head Start staff, 
parents, and other constituent groups. We heard from tribal leaders in 
our annual tribal consultations. We consulted with national 
organizations and agencies with particular expertise and longstanding 
interests in early childhood education. In addition, we analyzed the 
types of technical assistance requested by and provided to Head Start 
agencies and programs. We reviewed findings from monitoring reports and 
gathered information from programs and families about the circumstances 
of those populations served by Head Start programs. We considered 
advances in research-based practices with respect to early childhood 
education and development, and the projected needs of expanding Head 
Start services. We also drew upon the expertise of federal agencies and 
staff responsible for related programs in order to obtain advice on how 
to promote quality across all Head Start settings and program options. 
We reviewed the study on developmental

[[Page 35457]]

outcomes and assessments for young children by the National Academy of 
Sciences. We also reviewed the standards and performance criteria 
established by state Quality Rating and Improvement Systems, national 
organizations, and policy experts in early childhood development, 
health, safety, maternal health, and related fields.
    From this multi-year consultation process, we collected many ideas 
about how best to revise the program performance standards. Those ideas 
that were regularly raised are included in this NPRM. They include:
     The organization of the standards should reflect the key 
elements of program operations.
     The standards should emphasize what high quality looks 
like in Head Start programs.
     The standards should clarify how data should be used for 
planning, individualizing, referral, follow-up, and service provision.
     The standards should enhance collaborative partnerships, 
while maintaining core Head Start principles.
     The standards should describe how they apply across age 
groups.
     The standards should reflect the importance of supporting 
children's home language development in order to support English 
language acquisition and overall child progress.
     The standards should reflect the centrality of parents and 
families in children's healthy development.
     The standards should be flexible so that Head Start 
programs can be more responsive to local settings, circumstances, and 
needs.
     The standards should be inclusive of Indian tribes, 
migrant and seasonal, and homeless populations as well as children with 
disabilities.
     The governance standards should be flexible where possible 
and responsive to difference among types of Head Start agencies, i.e., 
multi-purpose, governmental, etc.
     The standards should reduce unnecessary administrative 
burden to free up time and resources for service delivery and quality 
improvement.

Overview of Major Proposed Revisions to Head Start Performance 
Standards

    The changes proposed in this NPRM will strengthen Head Start 
quality, improve child and family outcomes, prepare children to succeed 
in school and in life, and create a system of accountability that 
ensures continuous improvement. Some proposals are necessary revisions 
of existing standards that now conflict with the 2007 Act. Other 
standards we propose implement new requirements that reflect current 
research and program experience.
    The major changes in the NPRM focus on three over-arching goals. 
First, the NPRM proposes to raise standards for service delivery to 
improve program quality and ensure Head Start achieves stronger 
outcomes for children and families. We propose revisions to reflect 
research-based practices for teaching practices, curriculum, 
assessment, health, mental health, professional development, and parent 
engagement services. We also propose to increase the minimum amount of 
dosage to better support effective classroom practices, be more aligned 
with the dosage of effective early education programs, better support 
working families, and achieve stronger child outcomes.
    We also propose a significant reorganization of program performance 
standards to improve their clarity, transparency, and ease of 
implementation. Forty years of partial or topical, regulatory changes 
created an organizational structure that made it difficult to 
understand the requirements of Head Start. Some key requirements were 
not adequately addressed in regulations and needed updating and 
restructuring. Current regulations are also unnecessarily long, a 
consequence of Head Start's long history and too much focus on 
micromanagement. We propose to significantly reduce the total number of 
regulations without reducing program quality. We believe these 
structural changes, updates, and reductions will make it easier for 
programs to understand and implement high quality services and more 
inviting for prospective grantees to apply for funding. We are 
requesting comment on whether there are additional specific 
requirements that should be eliminated because they are overly 
burdensome and interfere with good practice.
    Finally, we propose to revise and reduce regulations that place 
bureaucratic burden on programs that interfere with program quality. 
For example, we reduce or eliminate requirements focused on written 
plans and instead emphasize programs implementing systems of continuous 
improvement to ensure local programs set goals, collect data, and use 
their data to improve their performance. We also shift the nature of 
hygiene and safety requirements to focus more squarely on keeping 
children safe so that programs attend to this important outcome instead 
of micromanaged prescriptions.
    In sum, we propose to completely reorganize the regulatory 
structure to be more logical and easier to understand and implement; 
reduce bureaucratic burden on local programs by streamlining, 
simplifying, and reducing the total number of regulations; strengthen 
standards for program services to reflect research and best practice 
and improve quality; and, completely overhaul and update the education 
standards to improve classroom practices and child outcomes. Together, 
these proposed revisions will support an increase in intensity, focus, 
and effort on high quality service delivery. This NPRM represents our 
effort to provide a clear roadmap for current and prospective grantees 
to provide high quality Head Start services, regardless of setting. 
This NPRM will allow Head Start programs will improve the quality of 
Head Start services and bolster their impact on the children and 
families we serve.

IV. Discussion of Proposed Rule

    The Administrative Procedures Act (APA) governs how federal 
agencies may propose regulations. Section 553(b)(3) of the APA allows a 
federal agency to organize an NPRM either by the terms or substance of 
the proposed rule or by a description of subjects and issues involved.
    We choose to organize this NPRM by a description of subjects and 
issues involved. The primary reason being that we propose to delete 
subparts 1301 through 1311 in the current regulation and either 
completely rewrite or restructure them under subchapter B at 45 CFR 
Chapter XIII. The order we propose here removes parts 1306 through 1311 
in the current regulation and redesignates parts 1301 through 1305. We 
include redesignation and distribution tables to help the public 
readily locate current sections and provisions we propose to revise, 
redesignate, or remove and renumber.

Program Governance; Part 1301 (Currently Sec. Sec.  1304.50 and 
1304.52)

    This section describes program governance requirements for Head 
Start agencies. Program governance in Head Start refers to the formal 
structure in place ``for the oversight of quality services for Head 
Start children and families and for making decisions related to program 
design and implementation'' as outlined in section 642(c) of the Act. 
This structure must be comprised of a governing body and a policy 
council. The governing body is the entity legally and fiscally 
responsible for the program. The policy council is responsible for the 
direction of the program and must be made up primarily of parents of 
currently enrolled children. Parent involvement in program governance 
reflects the fundamental belief, present since the

[[Page 35458]]

inception of Project Head Start in 1965, that parents must be involved 
in decision-making about the nature and operation of the program for 
Head Start to be successful in bringing about substantial change.\10\
---------------------------------------------------------------------------

    \10\ See Federal Register, 40 FR 27562, June 30, 1975.
---------------------------------------------------------------------------

    Section 642(c) of the Act specifies the requirements for program 
governance, and this section was extensively amended by the Improving 
Head Start for School Readiness Act of 2007. It emphasizes the critical 
role both the governing body and the policy council, or policy 
committee at the delegate level, have in oversight, design and 
implementation of Head Start and Early Head Start programs. We propose 
to revise current program governance requirements to conform to the 
amendments in the Act. To align with the Act, we focus on training, the 
governing body, policy groups, and impasse procedures. Below we 
describe these areas according to the structure we propose for part 
1301.

Section 1301.1 In General

    This section reiterates the requirement in section 642(c) of the 
Act that an ``agency [must] establish and maintain a formal structure 
for program governance, for the oversight of quality services for Head 
Start children and families and for making decisions related to program 
design and implementation.'' This structure includes a governing body, 
a policy council, and, for a delegate agency, a policy committee. It 
emphasizes that the governing body has legal and fiscal responsibility 
to administer and oversee the program, which is consistent with Sec.  
1304.50(a)(5) in the current regulation, and the policy council is 
responsible for the direction of the program including program design 
and operations and long- and short-term planning goals and objectives.

Section 1301.2 Training

    Section 642(d)(3) of the Act requires governing body and policy 
council members to have appropriate training and technical assistance 
to ensure they understand the information they received and can oversee 
and participate in the agency's programs effectively. This requirement 
is very similar to and consistent with Sec.  1304.52(l)(4) in the 
current regulation, which requires agencies to provide training or 
orientation to governing body, policy council, and policy committee 
members to enable them to carry out their program governance 
responsibilities effectively. To consolidate all requirements related 
to governance into one section, we propose to move the current 
requirement to Sec.  1301.2. We also propose to add advisory committee 
members to the list and require orientation to include training on the 
program performance standards since familiarity with these regulations 
is critical to fulfilling governance responsibilities.

Section 1301.3 Governing Body

    The Act affirms the current requirement at Sec.  1304.50(a)(5) that 
the governing body has legal and fiscal responsibility to administer 
and oversee the program but provides significantly more detail on the 
composition and responsibilities of the governing body than the current 
regulation addresses. To conform to the Act, the first two paragraphs 
of this section refer grantees to the composition requirements at 
section 642(c)(1)(B) of the Act (including the exceptions to such 
composition requirements at section 642 (c)(1)(B)(v) for governing 
bodies, such as tribal governing bodies, whose members oversee a public 
entity and are selected to their positions with the public entity by 
public election or political appointment) and the responsibilities 
outlined in section 642(c)(1)(E) of the Act. In addition to the 
responsibilities noted in the Act, we propose to require that governing 
body members use ongoing monitoring results, school readiness goals, as 
well as the information specified in section 642(d)(2) of the Act, to 
conduct their responsibilities.
    The third and final paragraphs of proposed Sec.  1301.3 pertain to 
advisory committees, which act as sub-boards. Section 
642(c)(1)(E)(iv)(XI) of the Act permits a governing body, at its own 
discretion, to establish advisory committees to oversee key 
responsibilities related to program governance. In response to 
questions and requests for clarification from the field, we elaborate 
on what must be included in written procedures should a governing body 
invoke its authority to establish an advisory committee. We propose the 
written procedures the governing body establishes include, for example, 
the advisory committee's duties, actions, and obligations, and the 
membership of advisory committees. These written procedures are 
required to specify how and with what frequency the advisory committee 
must keep the governing body apprised of decisions it makes related to 
program governance.
    Current Sec.  1304.50 has three provisions that relate to the 
governing body: Sec. Sec.  1304.50(a)(5), 1304.50(g)(1) and 
1304.50(g)(2). To conform to the Act, our proposed rule retains the 
part of Sec.  1304.50 that establishes the governing body as legally 
and fiscally responsible for administering and overseeing the program, 
but removes language stating that the governing body, the policy 
council, or policy committee cannot have identical memberships and 
functions. This language is no longer needed since the Act has specific 
requirements for the composition and functions of the governing body 
and policy council. The second provision related to the governing body 
is Sec.  1304.50(g)(1) of the current regulation, which requires 
agencies to have written policies that define the roles and 
responsibilities of the governing body and that inform them of the 
management procedures and functions necessary to implement a high 
quality program. We propose to remove this language because the Act 
outlines the responsibilities of the governing body. It would be 
inconsistent with the Act for individual grantees and delegate agencies 
to define the roles and responsibilities of the governing body.
    The third provision, at Sec.  1304.50(g)(2), relates to 
establishing internal controls and safeguarding federal funds, and 
these responsibilities are subsumed in the overarching requirements of 
the governing body found in section 642(c)(1)(E) of the Act.

Section 1301.4 Policy Councils and Policy Committees

    In this section, we retain a number of current requirements and 
propose other requirements to conform to the Act. In paragraph (a), we 
retain the current requirement for agencies to establish and maintain a 
policy council at the agency level and a policy committee at the 
delegate level, consistent with section 642(c)(2) and (3) of the Act. 
We also propose to retain the following current requirements: parents 
of children currently enrolled in all program options must be 
proportionately represented on policy groups; delegates must establish 
a policy committee; and the policy council and policy committee can be 
the same entity when the agency delegates operational responsibility 
for the entire program to one delegate.
    However, we no longer require agencies to have parent committees as 
required in current Sec.  1304.5(a)(1)(iii) and (a)(2). Thus far, we 
have required agencies to establish parent committees at the program 
option level with the purpose of providing a formal venue for 
meaningful parent engagement and for input in decisions affecting the 
program. The broader goal of active and meaningful parent engagement in

[[Page 35459]]

program operations is critical and remains our expectation throughout 
this NPRM, but we are no longer prescribing parent committees, 
specifically, as a means to achieve that goal. We do not think there is 
strong rationale for a federal requirement prescribing how active and 
meaningful engagement occurs and that every program option must achieve 
that involvement through a formal structure like parent committees. 
Additionally, we propose to remove this requirement because the parent 
committee structure may not work in all models, such as the Early Head 
Start-Child Care Partnerships, when there may be a few Early Head Start 
slots in a particular setting. Additionally, there would still be 
representation of parents on policy councils. Therefore the current 
requirements at Sec.  1304.50(a)(1)(iii), as well as other provisions 
related to parent committees at Sec.  1304.50(d)(2)(i) through (iii) 
and Sec.  1304.50(e)(1) through (3), are not included in this NPRM. 
This proposed change does not preclude grantees from establishing or 
maintaining parent committees, however it is no longer a requirement. 
This in no way diminishes the role for parents given the extensive 
requirements proposed in part 1302, subpart E Family & Community 
Partnership Program Services and the fact that section 642(c)(2)(D) of 
the Act is clear that policy councils are responsible for activities 
that support parents' involvement in program operations, including 
policies to ensure the Head Start agency is responsive to community and 
parent needs.
    In paragraph (b), we refer grantees to the composition requirements 
at section 642(c)(2)(B) of the Act. We propose to remove current Sec.  
1304.50(b)(6), which excludes staff from serving on policy councils or 
policy committees, with some exceptions, because it is superseded by 
the Act.
    In place of the current list of policy council or policy committee 
responsibilities at Sec.  1304.50(d), we propose in paragraph (c) to 
refer grantees to the responsibilities outlined in section 642(c)(2)(D) 
and section 642(c)(3) of the Act. To conform to the Act, we are not 
requiring policy councils to take responsibility for everything listed 
in Sec.  1304.50(d). We are removing those responsibilities that are 
not in the Act, including for example the requirement at Sec.  
1304.50(d)(1)(ii) for policy groups to establish procedures to 
implement shared decision-making and the requirement at Sec.  
1304.50(d)(1)(vi) that the policy council take responsibility for its 
composition and the procedures for choosing members. Also, for the 
purpose of conforming to the Act, we add responsibilities for the 
policy council, or policy committee, such as budget planning and 
developing bylaws, that are not currently required in Sec.  1304.50(d). 
In addition to the responsibilities noted in the Act, our proposed rule 
requires policy councils or policy committees to use ongoing monitoring 
results, school readiness goals, and information specified in section 
642(d)(2) to conduct their responsibilities.
    Paragraph (d) pertains to the term of the policy groups. It retains 
existing requirements in current Sec.  1304.50(b)(4) and (5), and Sec.  
1304.50(a)(3) that members serve for one year and must be reelected and 
that policy groups cannot dissolve until a successor council is seated. 
The one change we propose is to allow discretion to establish in their 
bylaws that members may serve a maximum of five one-year terms, up from 
the current maximum of three one-year terms.
    Paragraph (e) of our proposed Sec.  1301.4 retains the existing 
requirement in Sec.  1304.50(f) related to reimbursement of policy 
group members for reasonable expenses incurred.

Section 1301.5 Impasse Procedures

    This section begins with the current requirement at Sec.  
1304.50(h) for an agency's governing body and policy council to work 
together to establish written procedures to resolve internal disputes 
that include impasse procedures. In response to the requirement at 
section 642(d)(1) of the Act, we build on the current requirement at 
Sec.  1304.50(h) and specify what must be included in the impasse 
procedures. We propose to require programs to establish and follow 
impasse procedures that (1) demonstrate the governing body considers 
recommendations from the policy council; (2) require the governing body 
to inform the policy council in writing why it does not accept a 
recommendation, (3) describe a process and timeline to resolve issues 
and reach decisions that are not arbitrary, capricious, or illegal; and 
(4) require the governing body to notify the policy council in writing 
of its decision. This final step is consistent with the role of the 
governing body as legally and fiscally responsible for the program.
    We believe our efforts to align program governance requirements 
with the Act will eliminate confusion that results from contradictions 
between the Act and current regulation, provide clarification on our 
expectations for advisory committees, and retain the fundamental goals 
of accountable and high quality oversight and meaningful parental 
engagement in program operations.

Program Operations; Part 1302

    This part, Program Operations, outlines all of the operational 
requirements for serving children and families in Early Head Start and 
Head Start. This includes eligibility, selection, and enrollment 
requirements. It also includes the comprehensive services requirements, 
including education, health, nutrition, mental health, and family and 
community engagement services, as well as additional services to 
children with disabilities, transition services, and services to 
enrolled pregnant women. Finally, it includes requirements for human 
resources and program management. This reflects a reorganized structure 
that places all program operations into one part so that programs may 
easily find and understand the services they must deliver. We believe 
this more logical organization will greatly improve clarity and 
transparency and will support more effective implementation of high 
quality comprehensive services.

Eligibility, Recruitment, Selection, Enrollment and Attendance; Subpart 
A (Currently Parts 1304, 1305, and 1306)

    We do not propose to substantially change this subpart from current 
regulation. Although we propose to redesignate it into part 1302 as 
part of a full restructuring of the existing rule in this NPRM, many 
provisions of the regulation proposed in this subpart are no different 
from the current rule. Overall, we propose to simplify, restructure, 
and clarify the language in this subpart so that it is easier for 
grantees to understand their obligations. We also propose revisions, 
and in some cases we propose to add new provisions, in order to comply 
with the 2007 amendments to section 645 of the Act.
    The revisions we propose to this subpart reflect requirements in 
the Act related to utilizing the community assessment to identify the 
children who are most in need of services and appropriately 
prioritizing special populations such as children experiencing 
homelessness, children in foster care, and children with disabilities. 
In addition, the proposed revisions to this subpart highlight the 
importance of regular attendance and continuity of enrollment for all 
children served in Head Start.
    Further, the Act requires us to promulgate regulations to remove 
barriers to serve homeless children. As a result, in this section, we 
propose to

[[Page 35460]]

add several provisions that will increase opportunities for children 
experiencing homelessness to participate in Head Start. In addition we 
propose new provisions to clarify requirements for programs to continue 
to serve children who have persistent behavioral issues. We also 
propose revisions throughout this subpart to better support the ability 
of programs to serve children from diverse economic backgrounds, given 
research that suggests children's early learning is positively 
influenced by interactions with diverse peers 11 12 We also 
require programs to prioritize serving younger children in communities 
where there is publicly funded high quality pre-kindergarten for four 
year olds. Consistent with other subparts in this NPRM, we propose to 
redesignate definitions related to this subpart to part 1305.
---------------------------------------------------------------------------

    \11\ Mashburn, A. J., Justice, L. M., Downer, J. T., & Pianta, 
R. C. (2009). Peer effects on children's language achievement during 
pre[hyphen]kindergarten. Child Development, 80(3), 686-702.
    \12\ Henry, G. T., & Rickman, D. K. (2007). Do peers influence 
children's skill development in preschool? Economics of Education 
Review, 26(1), 100-112.
---------------------------------------------------------------------------

Section 1302.10 In General

    In this section, we propose to provide a general overview of the 
content in this subpart.

Section 1302.11 Determining Community Strengths and Needs

    In this section, we propose to simplify and clarify the process for 
determining community strengths and needs. We also propose to revise 
and redesignate language in existing rule Sec.  1305.3 to clarify 
expectations for grantees and prospective grantees. For example, the 
proposed reorganization of this section is broken into two parts. 
Section 1302.11(a) describes how prospective grantees must define 
service area, which is the first logical step for prospective grantees. 
The current requirement at Sec.  1305.3(b) that the service area must 
be approved is retained while removing the requirement that the 
services area does not overlap with other grantees in order to give 
flexibility to local programs. The next provisions under Sec.  
1302.11(b) require grantees to assess the service area to determine the 
needs of the community. In order to be consistent with the 5-year grant 
period required by the Act, we propose to extend the current 
requirement for grantees to conduct community assessments from every 
three years to every five years. In paragraph, (b)(2) we further 
require that program review and update the assessment annually to 
reflect any significant changes including increased availability of 
publicly-funded full-day pre-kindergarten, rates of family and child 
homelessness, and significant shifts in community demographics. This 
proposal will relieve undue burden on programs and increase efficiency 
of program operations and administration. Programs are still required 
to review their community assessment annually and update the assessment 
as changes occur in the community. We propose to retain this annual 
evaluation to ensure that programs continue to meet the needs of their 
community if anything changes.
    We also propose to add several elements to the community assessment 
that grantees are currently required to perform to ensure that grantees 
collect all relevant information needed to design their program and 
services to best meet community needs. These new elements include the 
number of children experiencing homelessness and the number of children 
in foster care to enable grantees to prioritize the most at-risk 
children in their communities. We believe this reflects a stronger 
emphasis on serving these vulnerable populations in the Act. In 
addition, we propose to expand information collected as part of the 
community assessment about the availability of early childhood programs 
in the community, so grantees are aware of other options available to 
eligible children. This data collection will also help programs 
understand trends in early childhood programming in their communities, 
including the increasing availability of state and other publicly 
funded preschool programs \13\ and recent fluctuations in such funding 
\14\ so that programs are better able to target their Head Start and 
Early Head Start services appropriately. In addition, we propose to 
require programs to determine whether the characteristics of their 
communities would allow them to operate classrooms that include 
children from diverse economic backgrounds. Research suggests 
children's early learning is positively influenced by interactions with 
economically diverse peers.15 16
---------------------------------------------------------------------------

    \13\ Barnett, W.S., Carolan, M.E., Squires, J.H., Clarke Brown, 
K. (2013). The state of preschool 2013: State preschool yearbook. 
New Brunswick, NJ: National Institute for Early Education Research.
    \14\ Ibid.
    \15\ Mashburn, A. J., Justice, L. M., Downer, J. T., & Pianta, 
R. C. (2009). Peer effects on children's language achievement during 
pre[hyphen]kindergarten. Child Development, 80(3), 686-702.
    \16\ Henry, G. T., & Rickman, D. K. (2007). Do peers influence 
children's skill development in preschool? Economics of Education 
Review, 26(1), 100-112.
---------------------------------------------------------------------------

    Moreover, in this section and in Sec.  1302.12, we propose language 
to clarify that we do not limit tribal Head Start programs to 
reservation areas.
    Finally, we propose to remove the current requirements in Sec.  
1305.3(d) that prescribe particular processes for which programs must 
use the community needs assessment and replace them with a general 
requirement that programs use the assessment to design a program that 
meets community needs.

Section 1302.12 Determining, Verifying, and Documenting Eligibility

    We propose to redesignate this section from Sec.  1305.4 in the 
current regulation to Sec.  1302.12 in this NPRM. Using the newly 
finalized Sec.  1305.4 as a base, we propose to reorganize provisions 
to better mirror the style of this NPRM. As part of this reorganization 
we have made small changes to reduce confusion in the field resulting 
from the newly finalized provisions in 1305.4. Specifically, we propose 
to remove the separate paragraph (f) that describes categorical 
eligibility and incorporate this language into paragraph (c) so that 
all eligibility requirements are described under a single paragraph. We 
also propose to require verification of public assistance eligibility 
be based on documentation from a state or local public assistance 
office. This change is made in response to questions and confusion 
following the final rule on eligibility.
    Additionally, for clarity and to better reflect best practices in 
the field, we propose to add a few provisions. Specifically, in 
paragraph (a), we propose a new provision that allows programs to use 
an alternate effective method to determine eligibility. In paragraph 
(e), we propose to include existing statutory authority for tribal 
programs that operate Head Start and Early Head Start to reallocate 
funds between the two programs. We also propose to include existing 
statutory authority under a new paragraph (g) that allows programs in 
communities with 1,000 or fewer individuals to establish their own 
eligibility criteria as long as they satisfy the criteria outlined in 
section 645(a)(2) of the Act.
    We further propose to streamline provisions regarding multi-year 
eligibility and requirements to re-verify between Early Head Start and 
Head Start and for the unusual circumstance of a third year in Head 
Start to remove redundancy. We have also clarified that Early Head 
Start age eligibility ends at three unless the requirements at Sec.  
1302.70(b)(2) of the proposed rule apply.
    Finally, we propose to remove ``pregnant women'' from age 
eligibility requirements and the separate definition

[[Page 35461]]

of family as it relates to ``pregnant women'', as both of these 
provisions have caused unnecessary confusion and the eligibility rule 
did not change the requirements.
    While the changes in this section do not reflect substantive 
changes from the final rule published in February of 2015, we 
explicitly solicit comment on any provisions within this section that 
have resulted in unnecessary complications in the eligibility process.

Section 1302.13 Recruitment of Children

    We propose to restructure current provisions and to streamline 
language for clarity while maintaining requirements in the existing 
rule. In this proposed section, the goal of the recruitment process is 
to reach all of those in need of services by actively informing 
families with eligible children of the availability of program services 
and encouraging them to apply for admission to the program. If 
necessary, a program must assist the family in completing the 
application. We also include a provision in this section, redesignated 
from Sec.  1308.5(a), that programs must make an effort to actively 
recruit children with disabilities.

Section 1302.14 Selection Process

    We propose to restructure this section so that programs understand 
that they must develop a selection process by which they use specific 
criteria to weigh selection of participants who have been deemed 
eligible. Paragraph (a)(1) of this proposed section lists the criteria 
by which a program must prioritize selection of participants. The 
revisions we propose simplify this information by enumerating criteria 
in a list format, explicitly link these criteria to a program's annual 
update of their community needs assessment, and add children 
experiencing homelessness and children in foster care to the priority 
list. We also propose to require programs to prioritize younger 
children in their selection process if publicly funded high quality 
pre-kindergarten spaces are available for four year olds for a full 
school day in the Head Start program's service area.
    We also propose to include provisions, which conform to the 
requirement in section 640(d) of the Act, that at least 10 percent of a 
program's total enrollment are children eligible for services under the 
Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400 et 
seq.), unless the responsible HHS official grants a waiver. The 
existing rule at Sec.  1305.6(c) requires that 10 percent of enrollment 
opportunities consist of children with disabilities, and the revision 
conforms to changes in the Act. This requirement must, by definition, 
inform each grantee's selection process. In paragraph (c), we include 
existing provisions that delineate the requirements for developing and 
maintaining a waiting list of eligible participants.

Section 1302.15 Enrollment

    We propose to redesignate provisions currently enumerated in Sec.  
1305.7 of the existing rule to this section and revise its title to 
remove the term re-enrollment, which is a concept we no longer use in 
this NPRM. The redesignated and revised provisions we propose to 
include in this section clarify program requirements with regard to 
maintaining its funded enrollment and ensuring continuity of 
enrollment, to the extent possible. Specifically, we propose to 
continue to require programs apply the eligibility of children 
enrolling in Early Head Start to the duration of participation in Early 
Head Start, with renewed income verification when the children 
transition to Head Start. These provisions are consistent with proposed 
Sec.  1302.12, in which we maintain the provision from Sec.  1305.7(c) 
that children in Head Start are automatically eligible for a second 
year. Further, in Sec.  1302.15(c) we propose to clarify and simplify 
the provision in Sec.  1305.7(a) of the existing rule, which allows for 
a third year of Head Start eligibility under exceptional circumstances 
as long as programs verify family income between the second and third 
year.
    In order to support enrollment of homeless children, we add a 
provision that programs may reserve slots for children experiencing 
homelessness. Since homeless children do not have a stable residence, 
they may move and enter a program after the beginning of the program 
year. This is an important provision for removing barriers to serving 
homeless children as required in section 640(m) of the Act. Given the 
large waiting lists maintained by programs and to ensure that a large 
number of slots are not vacant, no more than three percent of a 
programs funded enrollment may be reserved for this purpose. If a 
reserved slot is not filled within 30 days it becomes a vacant slot and 
must be filled within 30 days. We also propose to include children in 
foster care in this provision, given their family instability and the 
importance of early intervention, like that provided by Head Start, on 
their school readiness and long-term outcomes.\17\ Finally, we propose 
to add a provision in Sec.  1302.15(d) to allow programs to enroll 
children who are funded through non-Head Start sources including 
private pay. Research shows children's early learning is positively 
influenced by interactions with economically diverse 
peers.18 19 Finally, in paragraph (e) we propose to add a 
provision to clarify current policy which requires programs to follow 
their state immunization enrollment and attendance requirements. This 
proposed provision is not a new requirement, rather it clarifies that 
programs are already subject to such state requirements.
---------------------------------------------------------------------------

    \17\ Rankin, V. E., & Gonsoulin, S. (2014). Early learning is 
essential: Addressing the needs of young children potentially at 
risk for system involvement. Washington, DC: National Evaluation and 
Technical Assistance Center for Children and Youth Who Are 
Neglected, Delinquent, or At Risk (NDTAC).
    \18\ Mashburn, A. J., Justice, L. M., Downer, J. T., & Pianta, 
R. C. (2009). Peer effects on children's language achievement during 
pre[hyphen]kindergarten. Child Development, 80(3), 686-702.
    \19\ Henry, G. T., & Rickman, D. K. (2007). Do peers influence 
children's skill development in preschool? Economics of Education 
Review, 26(1), 100-112.
---------------------------------------------------------------------------

Section 1302.16 Attendance

    We propose to promote regular attendance since research 
demonstrates that consistent attendance is predictive of school 
success. While more research has been conducted on K-12 school 
attendance, studies indicate that regular preschool attendance is also 
essential for success in preschool and beyond. For example, one study 
conducted in the Chicago Public Schools shows that preschool attendance 
is important for several reasons: (1) It sets up patterns for long-term 
school attendance; (2) children who regularly attend preschool perform 
better on kindergarten entry assessments tests; and (3) regular 
attendance enhances social-emotional development.\20\ Another study in 
Tulsa found that preschoolers who attended regularly showed more growth 
in literacy skills than their peers who were frequently absent.\21\ In 
Baltimore, researchers found that 25 percent of children who were 
chronically absent in pre-kindergarten and kindergarten were retained 
in later grades, compared to nine percent of their peers who regularly 
attended in these early years.\22\
---------------------------------------------------------------------------

    \20\ Ehrlich, S. B., Gwynne, J. A., Pareja, A. S., & 
Allensworth, E. M. (2013). Preschool Attendance in Chicago Public 
Schools. Research Summary. University of Chicago Consortium on 
Chicago School Research.
    \21\ Community Action Project Tulsa County. (2012). Attendance 
Works Peer Learning Network Webinar.
    \22\ Connolly, F., & Olson, L. S. (2012). Early Elementary 
Performance and Attendance in Baltimore City Schools' Pre-
Kindergarten and Kindergarten. Baltimore Education Research 
Consortium.

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

[[Page 35462]]

    Consistent with the research mentioned above, the central addition 
to this section is the requirement that attendance be tracked for each 
child. We also propose to require programs take actions including 
attempting to conduct additional home visits and provision of support 
services, as necessary, to increase child attendance when children have 
four or more consecutive unexcused absences or are frequently absent. 
We would like to invite public comment specifically on this proposed 
change and whether experts and practitioners would recommend setting a 
different threshold than four days. To ensure that a child is safe when 
they do not come to school, we propose a new requirement that programs 
contact a parent if the child has not come to school and the parent has 
not called within one hour of program start time. Automated systems, 
such as those used in public school systems to call and/or text parents 
of absent children would be considered appropriate contact. In this 
section, we also strengthen the current standards related to systemic 
attendance issues indicated by an average monthly attendance falling 
below 85 percent by requiring programs to analyze the causes of 
absenteeism and use this data to inform their efforts related to 
ongoing oversight and correction, as well as continuous program 
improvement. We also propose a new provision and redesignate a 
provision to clearly delineate requirements to support the attendance 
of homeless children. Specifically, we redesignate Sec.  1305.4(f)(2) 
of the final eligibility rule to Sec.  1302.16(c)(1) as this 
requirement logically fits under supporting attendance for homeless 
children rather than categorical eligibility. We also add a provision 
to encourage programs to work with community partners and families of 
children experiencing homelessness to meet their needs, including 
through the provision of transportation services. However, such 
transportation services are not explicitly required.

Section 1302.17 Suspension and Expulsion

    In this section, we propose limitations on the use of suspension 
and propose to prohibit programs from expelling children because of a 
child's behavior. Recent data indicate that expulsions and suspensions 
occur at high rates in preschool settings.23 24 25 This is 
particularly troubling given that research suggests that school 
expulsion and suspension practices are associated with negative 
educational and life outcomes.26 27 Head Start has a long-
standing and continuing practice of preventing the expulsion or 
suspension of children, and facilitating transitions to more 
appropriate placements in circumstances where the child exhibits 
serious behavioral issues. Several of the standards in the existing 
regulation support this. However we want to ensure through explicit 
requirements that all programs are aware of these limitations and 
prohibitions and consistently implement them using best practice.
---------------------------------------------------------------------------

    \23\ Gilliam, W. S. (2005). Prekindergarteners left behind: 
Expulsion rates in state prekindergarten systems. New York, NY: 
Foundation for Child Development.
    \24\ Gilliam, W.S., & Shahar, G. (2006). Preschool and child 
care expulsion and suspension: Rates and predictors in one state. 
Infants & Young Children, 19, 228-245.
    \25\ Lamont, J. H., Devore, C. D., Allison, M., Ancona, R., 
Barnett, S. E., Gunther, R., & Young, T. (2013). Out-of-school 
suspension and expulsion. Pediatrics, 131(3), e1000-e1007.
    \26\ Petras, H., Masyn, K. E., Buckley, J. A., Ialongo, N. S., & 
Kellam, S. (2011). Who is most at risk for school removal? A 
multilevel discrete-time survival analysis of individual- and 
context-level influences. Journal of Educational Psychology, 103, 
223.
    \27\ American Psychological Association, Zero Tolerance Task 
Force Report (2008). An evidentiary review and recommendations.
---------------------------------------------------------------------------

    In paragraph (a), we propose to clearly state that programs must 
either prohibit or severely limit the use of suspension and include 
requirements for programs to engage a mental health consultant, 
collaborate with parents, and utilize appropriate community resources 
should a temporary suspension be deemed necessary because a child's 
behavior represents a serious safety threat for themselves or other 
children. The determination of safety threats should be based only on 
actual risks and objective evidence, and not on stereotypes or 
generalizations.
    In paragraph (b)(1) we explicitly prohibit unenrollment or 
expulsion based on a child's behavior to clarify that unenrolling a 
child because of their behavior is prohibited even if a program might 
not think it qualifies as expulsion. In paragraph (b)(2), we also 
specifically propose a new requirement that programs must take 
exhaustive steps to ensure that a child who exhibits persistent and 
serious challenging behaviors can participate safely in the program. 
Though we do not have evidence of significant expulsion issues in Head 
Start, we believe this sets forth an important policy for best practice 
and is added to address increasing numbers of children being expelled 
from child care and preschool settings due to challenging behaviors. 
One study of randomly sampled preschool teachers in Massachusetts 
indicated that the preschool expulsion rate was more than 34 times the 
K-12 expulsion rate in the state and more than 13 times the national K-
12 expulsion rate.\28\ Data also indicate that specific groups of 
children are being disproportionately expelled and suspended from their 
early learning settings; a trend that has remained virtually unchanged 
over the past decade.\29\ Recent data out of the Department of 
Education indicate that African-American boys make up 18% of preschool 
enrollment, but 48% of preschoolers suspended more than once.\30\ Other 
research indicates that while Hispanic and African-American boys 
combined represent 46% of all boys in preschool, these children 
represent 66% preschool boys suspended. Analyses of boys, compared to 
girls, indicate that they make up 79% of preschoolers suspended once, 
and 82% of preschoolers suspended multiple times.\31\
---------------------------------------------------------------------------

    \28\ Gilliam, W. S., & Shahar, G. (2006) Preschool and Child 
Care Expulsion and Suspension: Rates and Predictors in One State. 
Infants and Young Children, 19(3), 228-245.
    \29\ Gilliam, W. S. (2005). Prekindergarteners left behind: 
Expulsion rates in state prekindergarten systems. New York, NY: 
Foundation for Child Development.
    \30\ U.S Department of Education Office for Civil Rights (2014). 
Data Snapshot: Early Childhood Education.
    \31\ Raffaele Mendez, L. (2003). Predictors of suspension and 
negative school outcomes: A longitudinal investigation. New 
Directions for Youth Development, 99, 17-33.
---------------------------------------------------------------------------

    This section sets out procedures that a program must follow to 
address persistent behavior problems. Research has indicated that 
mental health consultation can reduce the risk of expulsion for 
children exhibiting challenging behaviors.\32\ The process for 
addressing such behaviors must be guided by the program's mental health 
consultant and include consultation with parents and the child's 
physician at a minimum. The agency responsible for IDEA must be 
involved if a child has an Individualized Education Program (IEP) or 
Individual Family Service Plan (IFSP) and must be involved to determine 
the child's need for services if they do not have an IEP or IFSP. If it 
is determined that a child's continued participation in Head Start 
poses a continued serious safety threat to themselves or other 
children, the program must work with the family and other individuals 
described above to assist the family in finding an

[[Page 35463]]

appropriate placement and directly transition the child to that 
placement.
---------------------------------------------------------------------------

    \32\ Perry, D. F., Dunne, M. C., McFadden, L., & Campbell, D. 
(2008). Reducing the risk for preschool expulsion: Mental health 
consultation for young children with challenging behaviors. Journal 
of Child and Family Studies, 17(1), 44-54.
---------------------------------------------------------------------------

    We also redesignate several provisions that appear throughout the 
existing rule. For instance, in proposed Sec.  1302.17(c), we 
streamline the requirement that children cannot be excluded from 
participation because their parent(s) do not participate in parent 
activities, including parental consent for data sharing, and spells out 
that participation is voluntary. These requirements in (c) are 
redesignated from Sec. Sec.  1304.40(d)(2), 1304.40(i)(1) and 
1306.32(b)(8).

Section 1302.18 Fees

    We propose to redesignate this section from Sec. Sec.  1305.9 and 
1306.32 and revise for purposes of clarification. We maintain the 
overarching policy that programs are prohibited from charging parents 
of eligible children a fee for their child's participation in a Head 
Start program. In other words, parents of children who are part of the 
Head Start program's funded enrollment must not, under any 
circumstances, be charged a fee for their child to participate in the 
Head Start funded day.
    We propose in paragraph (b) to offer clarification on two allowable 
fees. First, we allow programs to accept a fee, including co-payments 
required by an alternate funding source such as the Child Care and 
Development Block Grant, from eligible families when programs extend 
services outside of program hours. For example, if a program is funded 
to serve children for eight hours a day but opts to extend the program 
day to ten hours, the program can charge a fee from all enrolled 
children for those additional two hours that are not supported with 
Head Start funds.
    Second, we clarify that programs can charge a fee or a co-payment 
from families who are not part of the Head Start funded enrollment if 
they are serving children from diverse economic backgrounds or using 
multiple funding sources, including private pay. We encourage programs 
to be innovative in leveraging multiple funding sources in order to 
serve more children and serve children from diverse economic 
backgrounds because we believe it will better serve the community and 
improve impacts on child outcomes.

Program Structure; Subpart B (Currently Sec. Sec.  1306.20, 1306.30, 
1306.37, and 1304.52)

    All Head Start and Early Head Start programs are given the option 
to deliver comprehensive services through different program models that 
are meant to meet the needs of the children, families, and the 
community these programs serve. In this subpart, we propose to revise 
and redesignate most of the current provisions from ``Head Start 
Program Options'' in current Sec. Sec.  1306.30 through 1306.37, and we 
consolidate, revise, and redesignate program options and structural 
requirements for Early Head Start and family child care into this 
subpart that are in current Sec.  1306.20(g) and (h) and Sec.  1304.52 
(g)(4). We propose to revise the different types of program models Head 
Start and Early Head Start grantees may operate, and propose the basic 
structural requirements, such as minimum hours of operation and 
teacher-child ratios, that programs must meet for each of these program 
models.
    In this section, we propose three standard program options: center-
based, family child care, and home-based, and a locally-designed 
variation of those options. We also propose the setting, ratio, class 
size, service duration, and hour per day requirements for these program 
options. We propose to remove combination options and double session 
options as standard options as well as home-based options for 
preschoolers. But, we propose to allow programs to apply for a locally-
designed variation if it best meets the learning needs of the children 
and the needs of the community.
    Furthermore, we propose to consolidate licensing and square footage 
requirements for center-based, family child care, and home visit group 
socializations into this subpart. We also make it clear that all 
programs must meet state, local, or tribal licensing requirements. Our 
structural reorganization and streamlined language of the program 
options and structural requirements will make the requirements simpler 
to read, understand, and implement. This improved clarity and 
transparency will reduce unnecessary burden and confusion for programs.
    In addition to the proposed organizational changes described above, 
we propose several important policy changes to increase program 
quality. For example, we propose to increase the minimum hours and days 
of program operation, consistent with the President's FY2016 Budget, 
recommendations from the Head Start Advisory Committee, and research on 
high-quality early learning programs. As discussed at length below, a 
significant body of research suggests this is a necessary change to 
foster better child outcomes in Head Start. We also propose increasing 
accountability for locally-designed program models to better ensure 
they meet the educational needs of the children they serve. We believe 
our proposed revisions to structural characteristics will help improve 
program impact on children's education and development.
    Furthermore, for purposes of clarity and improved ease of 
implementation, we propose to include only structural requirements for 
each of the program model options in this subpart. Therefore, we 
propose to revise and redesignate many of the requirements in the 
current ``Program Options'' sections that are not structural 
characteristics of program options to more appropriate sections within 
this NPRM. For example, we revise and redesignate Sec.  1306.32(b)(7) 
in the existing rule, which addresses requirements about staff 
management, to the proposed part 1302 subpart J--Program Management. We 
also revise and redesignate part of Sec.  1306.32(b)(8) in the existing 
rule, which prohibits programs from expelling children for lack of 
parent participation in home visits, to part 1302 subpart A, which 
includes the requirements about eligibility, enrollment, and 
attendance. To improve clarity and reduce redundancy, we also propose 
to remove Sec.  1306.30(d), which requires programs to ``identify, 
secure and use community resources in the provision of services . . . 
prior to using Head Start funds for these services.'' We believe this 
provision is unnecessary because throughout our proposed NPRM, we are 
clear that Head Start should leverage community resources and specify 
when Head Start funds may be used as payer of last resort. Our proposal 
to remove this provision should not be interpreted to mean that Head 
Start should be paying for services for which other community program 
resources are available.
    In addition, we propose to remove provisions that allow combination 
programs (Sec.  1306.34), double session variations (Sec.  1306.32(c)), 
and home-based (Sec.  1306.33) for Head Start age children as standard 
program options. We propose revisions to make these variations 
available to grantees only under certain conditions through the 
locally-designed program variation option in Sec.  1302.24. The full 
day variation at Sec.  1306.32(d) is assumed in the center-based 
option. We believe this will better ensure children in all programs 
receive sufficient exposure to high quality education services. We also 
believe these revisions will ensure that programs better meet the needs 
of families and the communities they serve, while still ensuring local 
flexibility in the structure of program design.

[[Page 35464]]

Section 1302.20 In General

    In this section, we revise and redesignate parts of Sec.  1306.31 
in the existing rule to propose the following program model options: 
Center-based, family child care, home-based (for Early Head Start 
Programs), or a locally-designed variation of these options. In 
addition, to ensure programs continue to meet the needs of the children 
and families in their community, we propose to require programs to 
regularly reconsider the appropriateness of their program model and 
structure choices and specifically assess whether it would be 
appropriate to extend services or convert slots to serve younger 
children. We propose to remove the current overly prescriptive process 
at Sec.  1306.31(c), which describes how a program must consider 
placement. We propose to require programs to consider ways to operate 
for a full calendar year.
    In Sec.  1302.20(b), we propose to revise for improved clarity but 
retain the requirement that all program options deliver the full range 
of comprehensive services as required in Sec.  1306.30(a) and Sec.  
1306.20(i) in the existing rule. These services include the 
requirements proposed in subparts C through G of part 1302 (services 
for education and child development, health program services, family 
and community partnership program services, additional services for 
children with disabilities, and transition services). As in the 
existing rule, this requirement may not be waived for any program and 
remains central to Head Start's mission.
    In Sec.  1302.20(c), we specify the process and requirements for 
converting Head Start slots to Early Head Start slots. Under Sections 
640(f)(2)(B) and 645(a)(5), Head Start grantees may request conversion 
of funded enrollment slots and a reallocation of funds from Head Start 
to Early Head Start. In this section, we propose to codify existing 
program guidance on conversion, including the process grantees must 
follow to convert Head Start slots to Early Head Start slots, whether 
through the traditional re-funding application or a separate grant 
amendment, and what information the conversion request must include. In 
addition, consistent with Section 645(d)(3) of the Act, we propose 
special provisions for American Indian and Alaska Native grantees that 
wish to convert slots.
    We are seeking public comment on whether the conversion procedures 
included in this NPRM provide sufficient clarity to programs on how to 
accomplish conversions from Head Start slots to Early Head Start slots. 
We specifically seek comment on whether existing programs would benefit 
from additional clarity on Federal requirements or processes to which 
the Department and programs must adhere in order to convert slots to 
serve younger children in the course of their five-year grant, during 
grant renewal, or during re-competition.

Section 1302.21 Center-Based Option

    In this section, we propose revisions to Sec.  1306.32, including 
removal of current Sec. Sec.  1306.32(a)(7) through (9) and Sec.  
1304.52(g)(4) in the existing rule and redesignate and revise all 
structural requirements for programs that operate a center-based 
option, including setting, teacher-child ratios, class size, service 
duration, licensing, and square footage. We propose to strengthen 
several structural requirements to improve program quality and child 
outcomes.
    Specifically, in paragraph (b)(2), we propose children in infant 
and toddler classrooms be assigned a consistent, primary teacher to 
promote continuity of care. Research suggests continuity of care, in 
which infants and toddlers have a single primary teacher for an 
extended period of time, helps support healthy attachments and more 
supportive relationships, which better facilitate growth across 
different areas of child development.33 34 35 36 37 We 
believe this provision better meets the needs and development of 
infants and toddlers. Mixed age group classrooms, which can be 
structured to better support continuity of care for individual children 
and stronger bonds with primary caregivers, are encouraged.
---------------------------------------------------------------------------

    \33\ Copple, C., & Bredekamp, S. (2009). Developmentally 
appropriate practice in early childhood programs: Serving children 
from birth through age 8 (3rd ed.). Washington, DC: National 
Association for the Education of Young Children.
    \34\ Honig, A. (2002). Secure relationships: Nurturing infant/
toddler attachment in early care settings. Washington, DC: National 
Association for the Education of Young Children.
    \35\ Post, J., Hohmann, M., & Epstein, A. (2011). Tender care 
and early learning: Supporting infants and toddlers in child care 
settings (2nd ed.). Ypsilanti, MI: HighScope Press.
    \36\ Riley, D., San Juan, R.R., Klinkner, J., & Ramminger, A. 
(2008). Social & emotional development: Connecting science and 
practice in early childhood settings. St. Paul, MN: Red Leaf Press.
    \37\ Zero to Three. (2008). Caring for infants and toddlers in 
groups: Developmentally appropriate practice (2nd ed.). Arlington, 
VA: Author.
---------------------------------------------------------------------------

    To improve child outcomes, we propose to increase the minimum 
service duration for preschoolers in Sec.  1302.20(c) (as is discussed 
below, programs can apply for modifications to these requirements 
through a local program option). First, in paragraph (c)(1) we propose 
to increase the number of required service days per year for 
preschoolers from 128 to 180 days. In paragraph (c)(3) we propose to 
increase the minimum required hours per day from 3.5 to 6 hours. 
Together, these two proposals will afford a preschool aged child a 
minimum of 1,080 hours of education per year. Children in a program 
operating under the current minimums receive 448 hours of Head Start 
over the course of a calendar year, which is less than half of early 
learning services that many children receive in state pre-kindergarten 
and will receive at our proposed minimums. Most programs are operating 
below these new minimums so our proposal will significantly increase 
Head Start children's exposure to early learning experiences, which is 
consistent with the Secretary's Advisory Committee recommendation that 
Head Start ``optimize dosage.''
    Though research on dosage does not identify a specific effective 
dosage level for early education, there is strong and mounting evidence 
that current minimums are too low to produce strong child outcomes. A 
recent analysis of the ECLS-K data finds that the highest risk kids are 
almost a full year behind the lowest risk children at kindergarten 
entry and ``to catch up, high-risk children would need to make almost 
twice as much progress during kindergarten as low-risk children.''\38\ 
We do not believe our current operating minimums allow sufficient time 
for the growth and development in school readiness skills for Head 
Start children. We would like to invite comment specifically on whether 
six hours is the most appropriate new minimum.
---------------------------------------------------------------------------

    \38\ Bernstein, S., West, J., Newsham, R., & Reid, M. (2014). 
Kindergartners' Skills at School Entry: An Analysis of the ECLS-K. 
Mathematica Report.
---------------------------------------------------------------------------

    Research on extended day with young children, full day 
kindergarten, and effective teaching and curricula practices all 
strongly point to the inadequacy of a 3.5 hour day in Head Start. For 
example, a randomized control study in which one group attended pre-
kindergarten for 8 hours per day for 45 weeks and another group 
attended 2.5 to 3 hours per day for 41 weeks found that by the spring 
of kindergarten, the children who had attended full-day pre-
kindergarten had improved almost twice as much on vocabulary and math 
skills compared to the children who attended half day.\39\ Research 
with toddlers and preschool age children also finds that greater 
exposure to rich vocabulary enrichment

[[Page 35465]]

allows for better scaffolding that can lead to improved language and 
literacy.40 41 Numerous studies on kindergarten find 
children learn more in full-day kindergarten than half-day 
kindergarten.42 43 44 45 46 47 48 This is not surprising 
since more instruction is delivered in full-day classrooms.\49\ Experts 
also find that full-day kindergarten particularly helped narrow the 
achievement gap for dual language learners,\50\ which is encouraging 
since a large and increasing portion of Head Start children are dual 
language learners.
---------------------------------------------------------------------------

    \39\ Robin, K.B., Frede, E.C., Barnett, W.S. (2006). Is More 
Better? The Effects of Full-Day vs. Half-Day Preschool on Early 
School Achievement. NIEER Working Paper.
    \40\ Harris, Golinkoff, & Hirsh-Pasell (2011). Lessons for the 
Crib for the Classroom: How Children Really Learn Vocabulary. In 
Handbook of Early Literacy Research, Vol 3. Ed by D. Dickinson and 
S. Neuman (NY: Guilford), 49-65.
    \41\ Dickinson, D.K., Flushman, T.R., & Freiberg, J.B. (2009). 
Learning, reading, and classroom supports: Where we are and where we 
need to be going. In B. Richards, M.H. Daller, D.D. Malvern, P. 
Meara, J. Milton, & Trefers-Daller (Eds.). Vocabulary Studies in 
First and Second Language Acquisition: The Interface Between Theory 
and Application. (pp. 23-38). Hampshire, England: Palgrave-McMillan.
    \42\ DeCicca, P. (2007). Does full-day kindergarten matter? 
Evidence from the first two years of schooling. Economics of 
Education Review, 26(1), 67-82.
    \43\ Cryan, J. R., Sheehan, R., Wiechel, J., & Bandy-Hedden, I. 
G. (1992). Success outcomes of full-day kindergarten: More positive 
behavior and increased achievement in the years after. Early 
Childhood Research Quarterly, 7(2), 187-203.
    \44\ Lee, V. E., Burkam, D. T., Ready, D. D., Honigman, J., & 
Meisels, S. J. (2006). Full-Day versus Half-Day Kindergarten: In 
Which Program Do Children Learn More? American Journal of Education, 
112(2), 163-208.
    \45\ http://www.thecommunityguide.org/healthequity/education/he-AJPM-evrec-fdk.pd.
    \46\ Schroeder, J. (2007). Full-day kindergarten offsets 
negative effects of poverty on state tests. European Early Childhood 
Education Research Journal. 15(3), 427-439.
    \47\ Hahn, R.A., Rammohan, V. et al. (2014). Effects of Full-Day 
Kindergarten on the Long-Term Health Prospects of Children in Low-
Income and Racial/Ethnic-Minority Populations. American Journal of 
Preventive Medicine, 46(3), 312-323.
    \48\ Walston, J.T., and West, J. (2004). Full-day and Half-day 
Kindergarten in the United States: Findings from the Early Childhood 
Longitudinal Study, Kindergarten Class of 1998-99 (NCES 2004-078). 
U.S. Department of Education, National Center for Education 
Statistics. Washington, DC: U.S. Government Printing Office.
    \49\ Ibid
    \50\ Chang, M. (2012). Academic performance of language-minority 
students and all-day kindergarten: a longitudinal study. School 
Effectiveness and School Improvement: An International Journal of 
Research, Policy and Practice 23(1), 21-48.
---------------------------------------------------------------------------

    Moreover, research on effective teaching and curriculum practices 
for children at risk of school difficulties also support the need for 
full-day operation. A meta-analysis of pre-kindergarten programs found 
that those that focused on intentional teaching and small group and 
one-to-one interactions had larger impacts on child outcomes.\51\ It is 
very difficult for a half-day program to provide sufficient time for 
teachers to conduct learning activities and intentional instruction in 
small group and one-on-one interactions in the areas of skill 
development experts believe are important to later school success.
---------------------------------------------------------------------------

    \51\ Camilli, G., Vargas, S., Ryan, S., & Barnett, W.S. (2010). 
Meta-analysis of the effects of early education interventions on 
cognitive and social development. Teachers College Record, 112(3), 
579-620.
---------------------------------------------------------------------------

    Researchers believe meaningful skill development in language, 
literacy, and math requires intentional, frequent, and specific methods 
of instruction and teacher-child interactions, and for many children in 
Head Start, need to be conducted in small groups to allow sufficient 
individualized scaffolding and skill development.\52\ Targeted 
instruction and small group activities are teaching practices that are 
particularly important for supporting the learning of children who are 
behind.53 54 55 For example, language and literacy experts 
believe teachers must take an active role in supporting language and 
literacy development for children at risk of reading difficulties. That 
requires systematic and explicit instruction to foster vocabulary 
breadth and depth. They recommend in addition to integration into group 
learning and free play, language and literacy instruction should be 
explicitly structured and sequenced in 15 to 20 minutes small group 
sessions at least three times per week.\56\ Math experts recommend 
similar time frames to support development of broad and deep 
mathematical thinking and knowledge.57 58 This is not to say 
that all activity should be in small groups nor imply intentional 
instruction means rote learning: Large groups, free play, dramatic 
play, and child-initiated activities are all essential components of 
high quality early learning programs. Three and a half hour days are 
not long enough to support these high quality learning experiences.
---------------------------------------------------------------------------

    \52\ Justice, L.M., Mcginty, A., Cabell, S.Q., Kilday, C.R., 
Knighton, K., & Huffman, G. (2010). Language and literacy curriculum 
supplement for preschoolers who are academically at risk: A 
feasibility study. Language, Speech, and Hearing Services in 
Schools, 41, 161-178.
    \53\ Buysse, V., Peisner-Feinber, E.S., Saikakou, E., & 
LaForett, D.R. (2014). Recognition & response: A model of response 
to Intervention to promote academic learning in early education. 
Chapter 5 in Handbook of Response to Intervention in Early 
Childhood, Buysee, V., & Peisner-Feinberg, E. (Eds.). Baltimore: 
Paul H. Brookes Publishing.
    \54\ Justice, L.M., Mcginty, A., Cabell, S.Q., Kilday, C.R., 
Knighton, K., & Huffman, G. (2010). Language and literacy curriculum 
supplement for preschoolers who are academically at risk: A 
feasibility study. Language, Speech, and Hearing Services in 
Schools, 41, 161-178.
    \55\ Ginsburg, H.P., Ertle, B., & Presser, A.L. (2014). Math 
curriculum and instruction for young children. Chapter 16 in 
Handbook of Response to Intervention in Early Childhood, Buysee, V., 
& Peisner-Feinberg, E. (Eds.). Baltimore: Paul H. Brookes 
Publishing.
    \56\ Curenton, S.M., Justice, L.M., Zucker, T.A., & McGinty, 
A.S. (2014). Language and literacy curriculum and instruction. 
Chapter 15 in in Handbook of Response to Intervention in Early 
Childhood, Buysee, V., & Peisner-Feinberg, E. (Eds.). Baltimore: 
Paul H. Brookes Publishing.
    \57\ Ginsburg, H.P., Ertle, B., & Presser, A.L. (2014). Math 
curriculum and instruction for young children. Chapter 16 in 
Handbook of Response to Intervention in Early Childhood, Buysee, V., 
& Peisner-Feinberg, E. (Eds.). Baltimore: Paul H. Brookes 
Publishing.
    \58\ Clements, D.H., & Sarama, J. (2008). Experimental 
evaluation of the effects of a research-based preschool mathematics 
curriculum. American Educational Research Journal, 45(2), 443-494.
---------------------------------------------------------------------------

    In addition, research on summer learning loss and attendance 
demonstrates the importance of extending the minimum days of operation 
in Head Start. Experts conclude the average student loses one month 
worth of skills and development over the summer break.\59\ The amount 
of learning loss is even greater for children from low income families 
who may not have as much access to educational resources and 
experiences during the summer and who are already behind their more 
advantaged peers and need extra time to learn skills and strengthen 
development.60 61 62 63 64 65 This pattern is also true for 
the youngest children in elementary school.\66\ Experts believe the 
effects of summer learning loss for children from low-income families 
is cumulative and that the disparity in summer gains and losses over 
the first

[[Page 35466]]

four summers of elementary school is greater than the differential 
between children from high and low income families at school entry and 
that summer learning loss in elementary school predicts poor academic 
achievement in high school.\67\
---------------------------------------------------------------------------

    \59\ Sloan McCombs, J. et al. (2011). Making Summer Count. How 
Summer Programs Can Boost Children's Learning. Santa Monica, Calif.: 
RAND Corporation.
    \60\ Alexander, K. L., Entwisle D. R., & Olson L. S. (2007). 
Summer learning and its implications: Insights from the Beginning 
School Study. New Directions for Youth Development, 114, 11-32.
    \61\ Sloan McCombs, J. et al. (2011). Making Summer Count. How 
Summer Programs Can Boost Children's Learning. Santa Monica, Calif.: 
RAND Corporation.
    \62\ Allington, R.L. & McGill-Franzen, A. (2003). The Impact of 
Summer Setback on the Reading Achievement Gap. The Phi Delta Kappan, 
85(1), 68-75.
    \63\ Fairchild, R. & Noam, G. (Eds.) (2007). Summertime: 
Confronting Risks, Exploring Solutions. San Francisco: Jossey-Bass/
Wiley.
    \64\ Downey, D.B., von Hippel, P.T. & Broh, B.A. (2004). Are 
Schools the Great Equalizer? Cognitive Inequality During the Summer 
Months and the School Year. American Sociological Review, 69(5), 
613-635.
    \65\ Benson, J., & Borman, G.D. (2010). Family, Neighborhood, 
and School Settings Across Seasons: When Do Socioeconomic Context 
and Racial Composition Matter for the Reading Achievement Growth of 
Young Children? Teacher's College Record, 112(5), 1338-1390.
    \66\ Benson, J., & Borman, G.D. (2010). Family, Neighborhood, 
and School Settings Across Seasons: When Do Socioeconomic Context 
and Racial Composition Matter for the Reading Achievement Growth of 
Young Children? Teacher's College Record, 112(5), 1338-1390.
    \67\ Alexander, K. L., Entwisle D. R., & Olson L. S. (2007). 
Lasting consequences of the summer learning gap. American 
Sociological Review, 72, 167-180.
---------------------------------------------------------------------------

    Research on attendance also finds exposure to additional learning 
time is important for skill development.68 69 70 71 A recent 
study of preschool attendance in Chicago found that even when 
accounting for children's skill level at the beginning of preschool, 
attendance predicted better academic outcomes at the end of preschool 
and beyond and that attendance was most beneficial for children 
starting preschool with the lowest skills.\72\
---------------------------------------------------------------------------

    \68\ Logan, J.A.R., Piasta, S.B., Justice, L.M., Schatschneider, 
C., Petrill, S. (2011). Children's attendance rates and quality of 
teacher-child interactions in at-risk preschool classrooms: 
Contribution to children's expressive language growth. Child & Youth 
Care Forum, 40(6), 457-477.
    \69\ Hubbs-Tait, L., McDonald Culp, A., Huey E., Culp, R., 
Starost, H., and Hare, C. (2002). Relation of Head Start attendance 
to children's cognitive and social outcomes: moderation by family 
risk. Early Childhood Research Quarterly, 17, 539-558.
    \70\ Taking Attendance Seriously: How School Absences Undermine 
Student and School Performance in New York City. (2011). Report by 
The Campaign for Fiscal Equity.
    \71\ Lamdin, D.J. (1996). Evidence of student attendance as an 
independent variable in education production functions. Journal of 
Educational Research, 89(3), 155-162.
    \72\ Ehrlich, S.B., Gwynne, J.A. . . . . Sorice, E. (2014). 
Preschool Attendance in Chicago Public Schools: Relationships with 
Learning Outcomes and Reasons for Absences. University of Chicago 
Consortium on Chicago School Research. Research Report.
---------------------------------------------------------------------------

    Furthermore, our dosage proposal is more aligned with state pre-
kindergarten programs that have shown strong effects.73 74 
For example, children who attend North Carolina pre-kindergarten, make 
gains in language, literacy, math, general knowledge, and social 
skills. At the end of third grade, children from low-income families 
who had attended state pre-kindergarten scored higher on math 
assessments than children from low-income families who did not attend, 
and dual language learners made gains at even faster rates than other 
children.\75\ Children who attend New Jersey's state pre-kindergarten, 
show improvements in language arts, literacy, math, and science at 4th 
and 5th grade as well as significantly lower rates of grade retention 
and special education placement.\76\ Georgia pre-kindergarten finds 
medium to large effects on children's language, literacy, and math 
skills at kindergarten entry.\77\ And Tulsa pre-kindergarten, which is 
mainly a full-day program for children from low-income families, also 
shows strong affects for children in language and math skills.\78\
---------------------------------------------------------------------------

    \73\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \74\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
    \75\ Peisner-Feinberg, E. S., Schaaf, J. M., LaForett, D. R., 
Hildebrandt, L.M., & Sideris, J. (2014). Effects of Georgia's Pre-K 
Program on children's school readiness skills: Findings from the 
2012-2013 evaluation study. Chapel Hill: The University of North 
Carolina, FPG Child Development Institute.
    \76\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
    \77\ Peisner-Feinberg, E. S., Schaaf, J. M., LaForett, D. R., 
Hildebrandt, L.M., & Sideris, J. (2014). Effects of Georgia's Pre-K 
Program on children's school readiness skills: Findings from the 
2012-2013 evaluation study. Chapel Hill: The University of North 
Carolina, FPG Child Development Institute.
    \78\ Gormley, G.T., Gayer, T., Phillips, D., & Dawson, B. 
(2005). The effects of universal pre-k on cognitive development. 
Developmental Psychology, 4(6), 872-884.
---------------------------------------------------------------------------

    Evidence demonstrates current operating minimums (3.5 hours/day and 
128 days/year) do not provide Head Start children the necessary breadth 
and depth of high quality learning experiences they need to succeed in 
school and beyond. The day is too short for children to receive needed 
targeted instruction, and the majority of Head Start programs operate 
with a 4 month break between program years, which we believe undermines 
the progress Head Start children make during the year and lessens the 
overall impact of the program. Our proposal will allow children to 
receive more instructional time and learning activities that support 
development of skills important to school success. Therefore, we 
believe these proposed increases, combined with proposals to raise the 
education standards, are central to achieving the impact Head Start 
programs should have for children's school readiness and success.
    It is imperative that these proposals are understood as minimums 
and not interpreted to mean center-based programs that currently 
operate above these minimums should decrease their current service 
delivery duration. Rather, we believe our proposed changes to increase 
service duration in many programs are essential to increasing the 
impact of Head Start on child skill growth and later success in school. 
Our proposed revisions also allow programs that wish to serve children 
for a shorter period of time to request to operate a locally-designed 
variation that meets minimum requirements in Sec.  1302.24, including 
evidence of adequate child outcomes.
    Paragraph (c)(1) of this proposed section also improves clarity 
about the service duration requirement for Early Head Start programs by 
proposing to include a long-standing interpretation of statute. From 
Congress' initial enactment of Early Head Start in 1994, the law has 
stated that Early Head Start programs must provide ``continuous'' 
services. Since its inception, we have consistently interpreted 
``continuous'' to mean ``full-day and full-year'' in our grant process 
for Early Head Start. Therefore, we propose to clarify that Early Head 
Start programs operate no less than 230 days per year and no less than 
6 hours per day. We believe these proposals reflect our long-standing 
administrative interpretation of law, and, while the majority of 
programs currently either meet these or are very close to meeting 
these, there are programs for which this will be a substantive change.
    We are specifically seeking public comment about the proposed 
dosage changes for both Head Start and Early Head Start in center-based 
programs, including transition strategies and timeframes for programs 
that do not currently meet these new duration requirements as well as 
the benefits and potential tradeoffs of this approach to deepening 
children's early learning experiences. We note that the President's 
FY2016 Budget proposes significant increased funding for Head Start to 
support the change to full-day and full-year programs. We have 
requested these funds because we recognize that for programs that now 
provide fewer total program hours or operate double sessions, there 
will be a cost impact of deepening the dosage. But, we are also aware 
that the research points to the importance of increasing program day 
and year above current minimums to achieve the positive outcomes for 
children the program is designed to deliver. We are seeking comment on 
the intersection of this research basis and available resources.
    We propose to retain other structural requirements for center-based 
options. In paragraph (b)(3) the requirements we propose for ratios and 
class size for all children remain the same as in our current 
regulation: no more than 8 children and two teachers in any class 
serving children under 36 months of age; no more than 17 children with 
at least one teacher and one teaching assistant in any class of 
majority 3 year

[[Page 35467]]

olds; and no more than 20 children and at least one teacher and one 
teaching assistant in any class of majority 4 and 5 year olds. Our 
current regulation encourages programs to have a third person in the 
classroom. While we still believe this is best practice and encourage 
programs to do so, because the current regulation does not require 
programs to have a third person in the classroom, we do not include it 
in this NPRM. We do propose to simplify how programs determine the 
classroom's age categorization and provide additional local flexibility 
to enable programs to make adjustments to improve service quality as 
needed during the program year. We propose to retain the exemption for 
Migrant and Seasonal programs due to the unique services these programs 
provide.
    We propose to remove current Sec.  1306.32(a)(10), which requires 
programs to determine the predominant age of each child in the 
classroom at the start of the year because the current requirement 
regarding the timing of this determination is overly prescriptive.

Section 1302.22 Home-Based Option.

    In this section, we revise and redesignate most provisions in Sec.  
1306.33 in the existing rule and propose the structural requirements 
for programs that operate a home-based (home-visiting) option, 
including setting, caseload, service duration, and licensing 
requirements for group socializations. We also propose to strengthen 
several structural requirements for the home-based option to improve 
the quality of services. Our proposal retains a number of the current 
structural requirements for home-based options. In paragraph (a), we 
propose to retain language that describes the home-based option. 
However, we propose to limit this as a standard program option to Early 
Head Start programs. Currently, only 2% of Head Start programs serving 
preschoolers provide services through a home-based option. As 
previously discussed, we believe more intensive educational experiences 
than can be delivered through a home-based option are required to 
promote strong early learning outcomes in preschoolers in Head Start. 
Thus, we believe it is a more appropriate use of taxpayer dollars to 
eliminate this as a standard option for preschoolers. Programs serving 
preschoolers who believe a home-based option best meets the needs of 
their communities may apply for a locally-designed variation as 
described in 1302.24. In paragraph (b), we propose to retain the 
maximum caseload and the minimum length of home visit requirements.
    Our proposed revisions in paragraph (c)(1) clarify there must be a 
minimum of 46 visits per year, which codifies long-standing 
administrative interpretation of the Act. The minimum number of group 
socializations is also clarified to require a minimum of 22 group 
socializations in paragraph (c)(2). This codifies existing service 
duration requirements for infants and toddlers. We believe these 
important changes will increase the amount of early learning 
experiences provided by the home-based option and will facilitate 
improved learning and child outcomes.
    In addition, in paragraphs (c)(3) and (c)(4) we propose to maintain 
provisions that require programs to make up planned home visits and 
group socializations when cancelled by the program as necessary to meet 
required minimums, and our proposal maintains provisions that prohibit 
grantees from replacing home visits or group socializations for medical 
or social service appointments. Proposed paragraph (d) retains the 
licensing requirements from current regulation.
    To improve clarity and implementation of program requirements for 
home-based options, we reorganize current provisions from Sec.  1306.33 
that do not specifically relate to structural elements of setting, 
caseload, and service duration for home-based options. For example, we 
revise and redesignate parts of Sec. Sec.  1306.33(b) and 1306.33(b)(1) 
in the current rule to Sec.  1302.91(f) in the Human Resources subpart, 
and Sec. Sec.  1302.35(a) and 1302.35(b) in the Education and Child 
Development subpart, respectively. These provisions describe who 
conducts the home visit, the design of the home visit, and the purpose 
of the home visit experiences, and we believe the redesignation 
supports greater clarity and transparency.

Section 1302.23 Family Child Care Option.

    To streamline and simplify the regulations and make them easier to 
implement, in this section, we propose to revise and redesignate Sec.  
1306.20(g) and (h) and some of the provisions in Sec.  1306.35(a) and 
(d) in the current rule to consolidate all structural requirements for 
family child care providers into the same subpart as other program 
models. In this section, we propose the structural requirements for 
setting, ratios and group size, service duration, licensing, and child 
development specialists for family child care providers.
    We propose several structural changes to improve the quality of 
services in family child care options. In paragraph (d), we propose 
that family child care providers must be licensed by the state. This 
increases the accountability and safety for such programs. In addition, 
in paragraph (a)(1), we propose a new provision to require programs be 
the employer of the family child care provider or have a legally 
binding agreement. This reflects one of the recommendations \79\ from 
the Early Head Start for Family Child Care project, and we believe it 
better reflects best practice. In paragraph (b), we propose to retain 
ratio and class size requirements from our current regulation.
---------------------------------------------------------------------------

    \79\ Del Grosso, P., Akers, L., & Heinkel, L. (2011). Building 
Partnerships Between Early Head Start Grantees and Family Child Care 
Providers: Lessons from the Early Head Start for Family Child Care 
Project. Final Report.
---------------------------------------------------------------------------

    In paragraph (c), to create consistency across program models, we 
propose all family child care programs provide planned class operations 
a minimum of six hours per day of Head Start services for at least 230 
days per year for infants and toddlers in Early Head Start and a 
minimum of six hours per day for at least 180 days for preschool age 
children in the Head Start program. Most family child care providers 
operate full year and full day. We believe this is one of the many 
benefits of offering the family child care option in Early Head Start 
and Head Start so programs should not interpret these new proposed 
minimums to indicate we believe family child care providers providing 
higher service duration should decrease their current duration of 
operations. Therefore, we also propose to retain the current rule in 
Sec.  1306.35(a)(1) that requires family child care options to operate 
sufficient hours to meet the child care needs of families.
    As with the proposed dosage changes for center-based programs, we 
are also specifically seeking public comment about the proposed dosage 
changes for family child care programs, including transition strategies 
and timeframes for programs that do not currently meet these new 
duration requirements as well as the benefits and potential tradeoffs 
of this approach to deepening children's early learning experiences.
    We retain many family child care requirements in the current rule 
with slight revisions to improve clarity. To ensure programs meet the 
strongest requirements, we also propose in paragraph (d) to retain the 
requirement that family child care providers meet state and local, or 
tribal, licensing requirements and that when such requirements vary 
from Head Start requirements, the most stringent provisions apply. 
Finally, we propose in

[[Page 35468]]

paragraph (e), to redesignate and revise the requirement in current 
Sec.  1306.20(h) that a family child care option provide a child 
development specialist to support providers and ensure quality 
services. Consistent with center-based and home-based options, we 
propose to amend and redesignate requirements for family child care 
options unrelated to structural requirements to more appropriate 
sections in this NPRM. For example, we propose to revise and 
redesignate current provisions in Sec.  1306.35(a)(3) on having 
appropriate indoor and outdoor space needed to foster cognitive, 
social, emotional, and physical development to part 1302, subpart C--
Education and Child Development Program Services. In addition, we 
propose to revise and redesignate current Sec.  1306.35(b) and (c), 
which address safety, to Sec.  1302.47 in this NPRM to align all safety 
requirements across program models.

Section 1302.24 Locally-Designed Program Option Variations.

    In this section, we propose to remove Sec.  1306.34 and to revise 
and redesignate Sec. Sec.  1306.36, 1306.37, and 1306.32(a)(6) in the 
existing rule, to include new requirements for additional program 
option variations for locally-designed program models. We propose 
changes to retain the flexibility center-based, home-based, and family 
child care programs currently have to implement locally-designed 
variations for teacher-child ratios, group size, caseload, and service 
duration, but also propose to increase accountability by requiring 
programs to demonstrate the locally-designed model appropriately meets 
the needs of the children and families in their community. 
Specifically, in paragraph (a), we support local innovation and 
flexibility by proposing to allow programs the option to request 
approval from the responsible HHS official to operate a locally-
designed program variation that waives one or more of the structural 
requirements proposed for the center-based, home-based, and family 
child care options. Under our proposal, no waivers would be permitted 
for licensing and square footage requirements, ratios for children 
younger than 2 years old or the specific requirements for the delivery 
of the full range of comprehensive services as described in subparts C, 
D, E, F, and G of part 1302 of this NPRM.
    Together, the availability of this waiver, as well as the 
accountability provisions we propose set a high but attainable bar for 
programs who wish to provide services through a non-standard program 
option. We anticipate that programs that choose to align their program 
schedules to that of their school districts, for example, in order to 
utilize transportation services for the children they serve; programs 
that serve teen parents and therefore choose to operate center-based 
services during the school year and home-based services during the 
summer; or programs with other innovative approaches to meeting 
community needs, would be able to demonstrate that children are making 
progress and would receive this waiver.
    Ratios and class size requirements for Early Head Start programs 
are currently specified in 1304.52(g), separate from the program option 
requirements for Head Start and Family Child Care (currently in part 
1306). This disconnect is the result of part 1306 not being 
holistically revised since the implementation of Early Head Start in 
1996. This disconnect has also led to the current waiver authority for 
ratios, class size, and other structural program features not applying 
to Early Head Start. We think the proposed reorganization which brings 
Early Head Start under the umbrella of this waiver authority, with one 
important exception, will support implementation of birth to five 
models, and additional flexibility and innovation among Early Head 
Start programs. The waiver authority will not apply to ratios for 
children under 24 months old, which has been made clear in the proposed 
revision of the regulatory language given the critical importance of 
low ratios for infants and young toddlers.
    Our proposed revisions increase accountability in locally-designed 
models in several ways. First, we would still allow programs to 
implement combination or double session program models or home-based 
models for preschoolers, but only as locally-designed variations 
approved by the appropriate HHS official. If the responsible HHS 
official approves a double session, we propose to require those 
programs to retain current requirements on ratio and length of the day. 
In paragraph (c)(3) we propose specifications for the required number 
of home visits and group socializations if the responsible HHS official 
approves home-based services for preschoolers. Second, to be approved 
for such a waiver, in paragraph (c)(1) we propose to require a program 
demonstrate their option effectively supports appropriate child skill 
development and progress in the goals described in the Head Start Early 
Learning Outcomes Framework (Birth-5) and either better meets the needs 
of the community or better supports the continuity of care for 
individual children than the standard program options and structures 
proposed for center-based, home-based, and family child care providers 
described in this subpart. In Sec.  1302.24(b), we propose to require 
approval be given every two years to ensure that children and families 
are receiving effective services, and give the responsible HHS official 
clear authority to revoke approval for the locally-designed variations 
if ongoing assessment and monitoring shows that children's educational 
needs are not being met as described in subpart J.

Education and Child Development Program Services, Subpart C (Currently 
Sec. Sec.  1304.20 Through 1304.23, 1304.40, 1304.52, 1306.32, 1306.33, 
1306.35, 1308.6, and 1308.21)

    This subpart proposes a significant overhaul of the education and 
child development requirements for Early Head Start and Head Start, 
which are primarily located in Sec.  1304.21 of the existing rule but 
are also found within Sec. Sec.  1304.20, 1304.23, 1304.40, 1304.52, 
1306.32, 1306.33, 1306.35, 1308.6, and 1308.21. Section 1304.21 was 
last updated in 1998, and many of its provisions precede that revision. 
Though the existing regulations on education and child development 
services reflect some key child development principles, the knowledge 
base on early education has grown considerably after more than 15 years 
of research on child development, brain development, and program 
implementation and significant expansion of publicly funded early 
learning programs. In this subpart, we propose to update, consolidate, 
and restructure education and child development requirements to reflect 
best practices in teaching and learning, integrate curriculum and 
assessment research, support effective use of the Head Start Early 
Learning Outcomes Framework (Birth-5), and integrate new requirements 
from the Act. Unlike the current rule that unevenly addresses education 
services for Early Head Start and Head Start, we propose to apply these 
provisions to both programs, except where specifically noted. We 
believe these revisions will provide significantly better information 
to programs on the elements of high quality early education, strengthen 
program practices and quality, and improve child outcomes.
    There is a large evidence base that demonstrates that early 
learning opportunities can improve children's cognitive, social, and 
emotional development so that they enter kindergarten better prepared 
to succeed in school and

[[Page 35469]]

beyond.80 81 82 83 84 85 86 87 88 89 Providing effective 
early learning programs is particularly important for supporting the 
success of children from low-income families. Research finds the well-
documented achievement gaps we see in elementary and secondary 
education begin long before children enter 
kindergarten.90 91 92 93 Brain development is at its most 
rapid during the first five years of life, and neuroscience and other 
research suggests intervention at this time is particularly 
important.\94\ Head Start and Early Head Start have long led the effort 
to help prepare disadvantaged children to succeed in school and in 
life. For example, one large study of Head Start children found 
significant gains over the program year in literacy, math, and social 
and emotional behavior.\95\ Another study found Head Start children 
made additional gains after kindergarten.96 97
---------------------------------------------------------------------------

    \80\ Aikens, N., Kopack Klein, A., Tarullo, L. & West, J. 
(2013). Getting Ready for Kindergarten: Children's Progress During 
Head Start. FACES 2009 Report. OPRE Report 2013-21a. Washington, DC: 
Office of Planning, Research and Evaluation, Administration for 
Children and Families, U.S. Department of Health and Human Services.
    \81\ Barnett, W.S., & Hustedt, J. T. (2005). Head start's 
lasting benefits. Infants & Young Children, 18(1), 16-24.
    \82\ Yoshikawa, H., Weiland, C., Brooks-Gunn, J., Burchinal, M., 
* * *Zaslow, M. (2013). Investing in our future: The evidence base 
on preschool education. Foundation for Child Development.
    \83\ Camilli, G., Vargas, S., Ryan, S., & Barnett, W.S. (2010). 
Meta-analysis of the effects of early education interventions on 
cognitive and social development. The Teachers College Record, 112, 
579-620.
    \84\ Wong, V.C., Cook, T.D., Barnett, W.S., & Jung, K. (2008). 
An effectiveness-based evaluation of five state prekindergarten 
programs. Journal of Policy Analysis and Management, 27, 122-154.
    \85\ Reynolds, A.J. (2000). Success in early intervention: The 
Chicago Child-Parent Centers. Lincoln, Nebraska: University of 
Nebraska Press.
    \86\ Schweinhart, L.J., Montie, J., Xiang, Z., Barnett, W.S., 
Belfield, C.R., & Nores, M. (2005). Lifetime effects: The HighScope 
Perry Preschool study through age 40. Ypsilanti, MI: HighScope 
Press.
    \87\ Gormley, W., Gayer, T., Phillips, D.A., & Dawson, B. 
(2005). The effects of universal Pre-K on cognitive development. 
Developmental Psychology, 41, 872-884.
    \88\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \89\ Campbell, F.A., Ramey, C.T., Pungello, E., Sparling, J., & 
Miller-Johnson, S. (2002). Early childhood education: Young adult 
outcomes from the Abecedarian project. Applied Developmental 
Science, 6, 42-57.
    \90\ Hart, B. & Risley, T. (1995). Meaningful differences in the 
everyday experiences of young American children. Baltimore: Brookes.
    \91\ Magnuson, K.A. & Waldfogel, J. (2005). Early childhood care 
and education: Effects on ethnic and racial gaps in school 
readiness. The Future of Children, 15(1), 169-196.
    \92\ U.S. Department of Education. (2008). Preschool: First 
findings from the third follow-up of the early childhood 
longitudinal study, birth cohort (ECLS-b). (NCES No. 2008-025).
    \93\ Promoting Effective Early Learning: What Every Policymaker 
and Educator Should Know. (2007). New York: NY: National Center for 
Children in Poverty.
    \94\ Harvard Center on the Developing Child (2007). The science 
of early childhood development: Closing the gap between what we know 
and what we do. Cambridge, MA: Author.
    \95\ Aikens, N., Kopack Klein, A., Tarullo, L. & West, J. 
(2013). Getting Ready for Kindergarten: Children's Progress During 
Head Start. FACES 2009 Report. OPRE Report 2013-21a. Washington, DC: 
Office of Planning, Research and Evaluation, Administration for 
Children and Families, U.S. Department of Health and Human Services.
    \96\ Malone. L., Hulsey, L, Aikens, N., West, J., Tarullo, L. 
(2010). ACF-OPRE Report: Data Tables for FACES 2006 Head Start 
Children Go to Kindergarten Report. Washington, DC. U.S. Department 
of Health and Human Services, Administration for Children and 
Families, Office of Planning, Research and Evaluation.
    \97\ http://www.acf.hhs.gov/sites/default/files/opre/transition_study.pdf
---------------------------------------------------------------------------

    However, Early Head Start and Head Start can and must do more to 
provide high quality education and child development services in every 
program. While, the Head Start Impact Study found modest to moderate 
positive impacts of Head Start participation across most child 
outcomes, we believe with improvements in quality, Head Start can have 
an even greater impact.\98\ Research shows considerable variance in 
Head Start quality.\99 100\ Data from standardized classroom 
observations also find some elements of teaching practices score very 
low, on average.\101\ For example, Instructional Support scores from 
Head Start monitoring in 2013 were approximately 3 points lower on a 7 
point scale, on average, than either Emotional Support or Classroom 
Organization scores.\102\ This finding is consistent with other types 
of pre-kindergarten programs but reflects a clear need for 
improvement.\103\ We intend for the implementation of our proposed 
revision of the education and child development provisions to improve 
teaching practices and education service delivery across our programs 
and help ensure every child in Early Head Start and Head Start receives 
high quality early learning experiences.
---------------------------------------------------------------------------

    \98\ Puma, M., Bell, S., Cook, R., Heid, C., Broene, P., 
Jenkins, F., & Downer, J. (2012). Third grade follow-up to the Head 
Start impact study final report. US Department of Health and Human 
Services Office of Planning, Research and Evaluation.
    \99\ Moiduddin, E., Aikens, N., Tarullo, L., West, J., Xue, Y. 
(2012). Child Outcomes and Classroom Quality in FACES 2009. OPRE 
Report 2012-37a. Washington, DC: Office of Planning, Research and 
Evaluation, Administration for Children and Families, U.S. 
Department of Health and Human Services.
    \100\ Office of Head Start (2014). A National Overview of 
Grantee CLASS(TM) Scores in 2013. Washington, DC: Office of Head 
Start, Administration for Children and Families, U.S. Department of 
Health and Human Services.
    \101\ Office of Head Start (2013). A National Overview of 
Grantee CLASS(TM) Scores in 2012. Washington, DC: Office of Head 
Start, Administration for Children and Families, U.S. Department of 
Health and Human Services.
    \102\ Office of Head Start (2014). A National Overview of 
Grantee CLASS(TM) Scores in 2013. Washington, DC: Office of Head 
Start, Administration for Children and Families, U.S. Department of 
Health and Human Services.
    \103\ Pianta, R., LaParo, K., & Hamre, B. (2008). The Classroom 
Assessment Scoring System Pre- K Manual. Charlottesville, VA: 
University of Virginia.
---------------------------------------------------------------------------

    In this subpart, we outline four central elements for delivering 
high-quality education and child development services: teaching 
practices and the learning environment; curriculum; screening and 
assessment; and parent involvement. We propose to raise program quality 
and child education outcomes by updating the existing education 
provisions so that each of these four central elements reflects 
research and best practice in order to better promote skill growth in 
areas needed for later success in school. Many of these revisions 
integrate the recommendations offered by our Secretary's Advisory 
Committee on Head Start Research and Evaluation.\104\ The report issued 
by the Advisory Committee was the culmination of multiple meetings and 
discussions held with many of the most prominent experts in the field 
of early education and child development.
---------------------------------------------------------------------------

    \104\ Advisory Committee on Head Start Research and Evaluation: 
Final Report. (2012).
---------------------------------------------------------------------------

    In addition, we propose to integrate the Head Start Early Learning 
Outcomes Framework (Birth-5) into teaching, curriculum, and assessment. 
Head Start published the first Head Start Child Outcomes Framework in 
2000. There have been enormous advances in the development and use of 
early learning standards since the education requirements were last 
revised in 1998 and the Framework was first released. Today all States 
have adopted early learning and development standards for preschool-age 
children, and many have standards for children beginning at birth. The 
2007 Act required the Secretary to update the Framework and incorporate 
it throughout the program by specifically integrating it into 
instructional strategies, curriculum, and assessment.\105\ In 2010, the 
Office of Head Start released a revised Framework to reflect a decade 
of new research and understanding about child learning and development 
for children ages 3 to 5. An updated version of this

[[Page 35470]]

Framework is being developed to better reflect an emerging body of 
research on practice and skill development and to make the Framework 
inclusive of all ages of children birth to five.
---------------------------------------------------------------------------

    \105\ Scott-Little, C., Kagan, S.L., & Frelow, V.S. (2003). 
Standards for preschool children's learning and development: who has 
standards, how were they developed, and how are they used? Regional 
Educational Laboratory at SERVE. Greensboro, NC.
---------------------------------------------------------------------------

    The current revision of the Framework will encompass children from 
birth to age 5 and focus on the key areas of development and skills 
important for later success in school. The Advisory Committee noted the 
most effective early learning models are ``focused, intensive, and 
systematic.'' \106\ This proposed integration of teaching practices, 
curriculum, assessment, and the updated Head Start Early Learning 
Outcomes Framework (Birth-5) will better support the type of program 
delivery recommended by the Advisory Committee. It will strengthen 
teachers' intentional focus on developing key skills and their use of 
effective teaching practices. This NPRM achieves this increase in focus 
and intensity without narrowing the breadth of learning experiences 
children should have as part of a well-rounded education and as 
required by the Act.
---------------------------------------------------------------------------

    \106\ Advisory Committee on Head Start Research and Evaluation: 
Final Report. (2012).
---------------------------------------------------------------------------

    Though we embed core concepts from Sec.  1304.21 in the existing 
rule throughout this proposed subpart, the need to significantly update 
the education requirements to capitalize on decades of science and 
practice leads us to address many of these core concepts in a markedly 
different way. We believe these revisions are necessary to improve the 
quality of education services. For example, the current rule includes 
some specific requirements that programs support children's social and 
emotional, cognitive, and physical development in current Sec. Sec.  
1304.21(a)(3), 1304.21(b)(2), 1304.21(a)(4), 1304.21(a)(5), 
1304.21(b)(3). Since the previous regulation was drafted, the use of 
curriculum and early learning standards has changed considerably in 
early childhood education. Practice and research supports including 
these types of requirements as part of early learning standards and 
curriculum. This reflects significant advancement and growth in the 
field of early childhood education. Therefore, we propose to reflect 
these advancements, which still retain the centrality of programs 
supporting social and emotional, cognitive, and physical development 
throughout the education requirements, but in a more purposeful and 
appropriate manner. Specifically, we integrate provisions to these 
developmental areas into the proposed sections on general purpose, 
teaching and the learning environment, curriculum, and screening and 
assessment.
    Finally, we propose significant revisions to the home-based 
education provisions, which are currently spread across multiple 
sections of the existing rule and provide few specific requirements 
about high quality learning experiences. Because of the inadequate 
regulations, delivery of the home-based model has been steered by the 
guidance, technical assistance, and dissemination of best practices 
from the Office of Head Start. In 2009, the U.S. Department of Health 
and Human Services launched the Home Visiting Evidence of Effectiveness 
review to conduct a thorough and transparent review of the home 
visiting research literature and provide an assessment of the evidence 
of effectiveness for home visiting program models that target families 
with pregnant women and children from birth to age five.\107\ This 
review concluded the Early Head Start home-based model was an effective 
research-based model.\108\ Therefore, we propose to codify these 
research-based practices in a new section that clearly describes the 
education and development services that home-based models must 
implement. We believe this will help ensure that all home-based models 
have the information they need to provide high quality learning 
experiences.
---------------------------------------------------------------------------

    \107\ http://homvee.acf.hhs.gov/default.aspx
    \108\ Ibid.
---------------------------------------------------------------------------

Section 1302.30 In General

    This section proposes an overarching statement of the general 
purpose and goals for education services in center-based and family 
child care settings of Early Head Start and Head Start programs. This 
incorporates the education related purposes stated in the Act as well 
as our belief about the educational services our programs must deliver. 
It also includes some of the core philosophies of Head Start enumerated 
in the existing rule in Sec.  1304.21, such as the need to deliver 
developmentally, culturally, and linguistically appropriate services, 
and a clear emphasis on the full inclusion of children with 
disabilities. This section proposes to set forth the expectation that 
programs deliver high quality education and child development services 
that promote children's cognitive, social, and emotional growth, and 
the key areas--teaching and the learning environment, curriculum, 
screening and assessment, and parent involvement--programs must address 
to ensure each child's school readiness and long-term outcomes. A 
unique general statement of purpose is proposed for home-based 
education services in Sec.  1302.35 because of the differences in 
service delivery. Current requirements in this section that were more 
indicative of early learning standards were removed because they 
describe what children should know and be able to do rather than what 
programs and teachers must provide to scaffold their learning.

Section 1302.31 Teaching and the Learning Environment

    In this section, we propose the key elements of teaching practices 
and the learning environment that programs must deliver to support 
children's skill growth and development. These provisions are central 
to providing high quality education and learning experiences that will 
prepare our children to succeed in school. They reflect research on 
best practices and recommendations offered in the final report issued 
by our Secretary's Advisory Committee on Head Start Research and 
Evaluation.\109\ Together with the other requirements in this subpart, 
this proposal will provide more intentional and focused education 
experiences that will better promote skill growth and stronger child 
outcomes without micromanaging local decision-making and creating undue 
burden.
---------------------------------------------------------------------------

    \109\ Advisory Committee on Head Start Research and Evaluation: 
Final Report. (2012).
---------------------------------------------------------------------------

    In paragraph (a), we propose that programs must support effective 
teaching and a high quality learning environment through regular and 
ongoing supervision and a system of individualized professional 
development. Research suggests integration of professional development 
into guiding effective teaching practices can be central to providing 
high quality teacher-child interactions.110 111 112 113 114
---------------------------------------------------------------------------

    \110\ Mashburn, A.J., Pianta, R.C., Hamre, B.K., Downer, J.T., 
Barbarin, O.A., Bryant, D., . . . . & Howes, C. (2008). Measures of 
classroom quality in prekindergarten and children's development of 
academic, language, and social skills. Child Development, 79(3), 
732-749.
    \111\ Pianta, R.C., Mashburn, A.J., Downer, J.T., Hamre, B. K., 
& Justice, L. (2008). Effects of web-mediated professional 
development resources on teacher-child interactions in pre-
kindergarten classrooms. Early Childhood Research Quarterly, 23(4), 
431-451.
    \112\ Buysse, V., & Wesley, P.W. (2005). Consultation in Early 
Childhood Settings. Baltimore, MD: Paul H. Brookes Publishing.
    \113\ Tout, K., Halle, T., Zaslow, M., & Starr, R. (2009). 
Evaluation of the Early Childhood Educator Professional Development 
Program: Final Report: Report prepared for the U.S. Department of 
Education.
    \114\ Zaslow, M., Tout, K., Halle, T., Vick, J., & Lavelle, B. 
(2010). Towards the identification of features of effective 
professional development for early childhood educators: A review of 
the literature. Report prepared for the U.S. Department of 
Education.

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

[[Page 35471]]

    In paragraph (b)(1), we focus on the elements of effective teaching 
practices. The four provisions in this paragraph revise and redesignate 
parts of Sec. Sec.  1304.21(a)(1) and (a)(4) and 1302.21(b)(1) and 
(b)(2) in the existing rule, but update the language to promote more 
intentional teaching strategies and better instructional practices. 
These requirements reflect what research and practice demonstrate are 
central to implementing effective teacher-child relationships and 
learning experiences that promote children's growth and later school 
success,115 116 117 118 119 and retain long-held Head Start 
philosophies that research continues to support.
---------------------------------------------------------------------------

    \115\ Hamre, B.K., & Pianta, R.C. (2001). Early teacher-child 
relationships and the trajectory of children's school outcomes 
through eighth grade. Child Development, 72(2), 625-638.
    \116\ Pianta, R.C., Nimetz, S.L., & Bennett, E. (1997). Mother-
child relationships, teacher-child relationships, and school 
outcomes in preschool and kindergarten. Early Childhood Research 
Quarterly, 12(3), 263-280.
    \117\ Peisner-Feinberg, E.S., & Burchinal, M.R. (1997). 
Relations between preschool children's child-care experiences and 
concurrent development: The Cost, Quality, and Outcomes Study. 
Merrill-Palmer Quarterly (1982), 451-477.
    \118\ Burchinal, M., Howes, C., Pianta, R., Bryant, D., Early, 
D., Clifford, R., & Barbarin, O. (2008). Predicting child outcomes 
at the end of kindergarten from the quality of pre-kindergarten 
teacher-child interactions and instruction. Applied Development 
Science, 12(3), 140-153.
    \119\ Neuman, S.B., & Cunningham, L. (2009). The impact of 
professional development and coaching on early language and literacy 
instructional practices. American Educational Research Journal, 
46(2), 532-566.
---------------------------------------------------------------------------

    First, in paragraph (b)(1)(i), we propose to focus effective 
teaching practices that promote growth in the skill development areas 
outlined in the Head Start Early Learning Outcomes Framework (Birth-5), 
including domains such as language and literacy, mathematics, social 
and emotional development, and physical development. We propose to 
require programs to integrate these efforts into their curriculum 
implementation, schedules, and lesson plans, which is central to a more 
intentional focus on development of skills important for later school 
success. Second, in paragraph (b)(1)(ii), we propose to require 
programs to emphasize nurturing and responsive interactions that foster 
trust and emotional security and support children's engagement in 
learning. We also require programs ensure teaching practices and 
teacher-child interactions are communication- and language- rich and 
promote language development, critical thinking, and problem-solving. 
Research is clear that these elements are important for effective high 
quality early learning 
experiences.120 121 122 123 124 125 126
---------------------------------------------------------------------------

    \120\ Peisner[hyphen]Feinberg, E.S., Burchinal, M.R., Clifford, 
R.M., Culkin, M.L., Howes, C., Kagan, S.L., & Yazejian, N. (2001). 
The relation of preschool childcare quality to children's cognitive 
and social developmental trajectories through second grade. Child 
Development, 72(5), 1534-1553.
    \121\ National Institute of Child Health and Human Development 
(NICHD) Early Child Care Research Network. (2000). Characteristics 
and quality of child care for toddlers and preschoolers. Applied 
Developmental Science, 4(3), 116-135.
    \122\ Hamre, B.K., & Pianta, R.C. (2001). Early teacher-child 
relationships and the trajectory of children's school outcomes 
through eighth grade. Child Development, 72(2), 625-638.
    \123\ Rowe, M.L. (2008). Child-directed speech: relation to 
socioeconomic status, knowledge of child development and child 
vocabulary skill. Journal of Child Language, 35(1), 185.
    \124\ Zimmerman, F.J., Gilkerson, J., Richards, J.A., 
Christakis, D.A., Xu, D., Gray, S., & Yapanel, U. (2009). Teaching 
by listening: the importance of adult-child conversations to 
language development. Pediatrics, 124(1), 342-349.
    \125\ Pancsofar, N., & Vernon-Feagans, L. (2006). Mother and 
father language input to young children: Contributions to later 
language development. Journal of Applied Developmental Psychology, 
27(6), 571-587.
    \126\ Hoff, E. (2006). How social contexts support and shape 
language development. Developmental Review, 26(1), 55-88.
---------------------------------------------------------------------------

    In paragraph (b)(1)(iii), we propose that teaching practices must 
integrate child assessment data in individual and group planning. For 
example, additional literacy supports should be added to classroom 
activities if child progress monitoring finds significant delays in 
emerging literacy skills. Ongoing child assessment is essential to 
individualizing teaching and making classroom adjustments.\127\ 
Learning experiences will be more targeted and more effective, if valid 
and reliable assessments that are not too burdensome for teachers, 
yield usable information, are conducted at appropriate intervals 
throughout the program year, and are integrated into teaching 
strategies and lesson plans. Many Head Start programs already 
effectively use child assessment information to improve classroom 
practices, but by explicitly requiring these proposed changes we intend 
for all programs implement this important best practice. This provision 
aims to support quality improvement.
---------------------------------------------------------------------------

    \127\ Landry, S.H., Anthony, J.L., Swank, P.R., & Monseque-
Bailey, P. (2009). Effectiveness of comprehensive professional 
development for teachers of at-risk preschoolers. Journal of 
Educational Psychology, 101(2), 448.
---------------------------------------------------------------------------

    Finally, in paragraph (b)(1)(iv) we propose that teachers provide 
learning experiences in language, literacy, social and emotional 
development, math, science, social studies, creative arts, and physical 
development that are focused on achieving the goals outlined in the 
Head Start Early Learning Outcomes Framework (Birth-5). This important 
proposal aims to accomplish two goals. First, it is important that we 
continue to expose children to a broad range of learning experiences, 
including all of the areas noted in the provision. In addition, based 
on advice from researchers and practitioners and our Secretary's 
Advisory Committee on Head Start Evaluation and Research, we propose to 
require these broad learning experiences be delivered with the intent 
of promoting the skills outlined in the Head Start Early Learning 
Outcomes Framework (Birth-5).128 129 Given the more targeted 
approach of the new Framework, this proposed requirement will ensure 
children will continue to have learning experiences in areas such as 
creative arts and social studies but with greater intentionality for 
improving key child outcomes.
---------------------------------------------------------------------------

    \128\ Meeting on Birth--5 Early Learning Standards/Guidelines--
Implementation Considerations. Convened by the Office of Head Start, 
November 13, 2013.
    \129\ Ibid.
---------------------------------------------------------------------------

    In paragraphs (b)(2) and (3), we propose a new research-based 
approach for teachers to better support bilingualism among dual 
language learners, as well as their overall development. Over the past 
decade, much has been learned about how to best support the educational 
needs of dual language learners.130 131 132 133 Research 
with young dual language learners,134 135 136 clearly 
reflects that children's bilingual skill development promotes overall 
language development and should be encouraged. 
---------------------------------------------------------------------------

    \130\ Bialystok, E. (2001). Bilingualism in development: 
Language, Literacy, & Cognition. Cambridge: Cambridge University 
Press.
    \131\ Genesee, F., Paradis, J., & Crago, M.B. (2004). Dual 
language development and disorders: A handbook on bilingualism and 
second language learning. Baltimore: Paul H. Brookes.
    \132\ Castro, D.C. & Espinosa, L.M. (2014). Developmental 
characteristics of young dual language learners: Implications of 
policy and practice in infant and toddler care. Zero To Three, 
January, 2014.
    \133\ Espinosa, L. (2010). Getting it right for young children 
from diverse backgrounds: Applying research to improve practice. 
Upper Saddle River, NJ: Pearson.
    \134\ McCAbe, A., Tamis-LeMOnda, C.S., Bornstein, M.H., Cates, 
C.B., Golinkoff, R., et al. (2013). Multilingual children: Beyond 
Myths and towards Best Practices. Society for Research in Child 
Development: Social Policy Report, 27 (4).
    \135\ Espinosa, L. (2010). Getting it right for young children 
from diverse backgrounds: Applying research to improve practice. 
Upper Saddle River, NJ: Pearson.
    \136\ Farver, J.M., Lonigan, C., & Eppe, S. (2009). Effective 
early literacy skill development for young Spanish-speaking English 
Language Learners: An experimental study of two methods. Child 
Development, 80(3), 703-719.
    \137\ Burchinal, M. et al (2012). Instruction in Spanish in pre-
kindergarten classrooms and child outcomes for English Language 
Learners. Early Childhood Research Quarterly. 27(2), 188-197.
    \138\ Infant and Toddler Early Learning Guidelines/Standards 
Expert Workgroup. Convened October 22, 2013 by the Office of Head 
Start. Washington, DC.
    \139\ Meeting on Early Learning Standards in Head Start: 
Considering Children who are Dual Language Learners Content and and 
Implementation. Convened January 13, 2014 by the Office of Head 
Start. Washington, DC.

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

[[Page 35472]]

    The approach we propose for effective teaching practices with dual 
language learners differs based on the child's age and the teacher's 
ability to speak the child's language. For infant and toddler dual 
language learners, we propose programs ensure teaching practices and 
teacher-child interactions focus on the development of the home 
language and also provide experiences in English. For preschool age 
dual language learners, we propose that teaching practices a focus on 
both English language acquisition and continued development of the home 
language. We believe this approach will best support the language and 
overall development of dual language learners and promote the goal of 
fluent English language acquisition.
    A program should use this approach only if it has a teacher who can 
capably provide rich language experiences in the child's home language. 
Monolingual English-speaking teachers should take other steps to 
support the home language, such as ensuring the availability of books 
in the home language, displaying words or pictures representative of 
the home language, and encouraging the involvement of parents or 
volunteers who speak the home language.
    In paragraphs (c) and (d), we redesignate and propose slight 
revisions to update and streamline provisions from current Sec.  
1304.21(a)(1)(iv), (a)(4)(i), (a)(5)(i), (b)(1), and (b)(2)(ii), that 
require programs provide specific types of learning experiences. 
Specifically, we redesignate and revise requirements that programs 
provide well-organized classrooms with developmentally appropriate 
schedules, opportunities for indoor and outdoor learning experiences, 
adequate opportunities for choice, play, exploration, and 
experimentation, and teacher-directed and child-initiated activities in 
different group sizes.
    In paragraph (d) we retain portions of current Sec.  1304.53(b) to 
require programs change materials intentionally and periodically to 
support children's interests, continued development, and learning. We 
continue to believe all of these provisions are integral to high 
quality education services.
    In paragraph (e), we propose requirements for programs to use 
approaches to rest, meals, and routines that will support children's 
learning. We believe these provisions will increase the opportunities 
for development and skill growth throughout the program day without 
creating unnecessary burdens on programs. In paragraph (e)(1), we newly 
propose programs implement an intentional age appropriate approach to 
accommodate children's need to nap or rest. This includes providing a 
regular time every day for preschool age children in a full-day 
program, which is defined as 6 or more hours, to rest or nap. Though 
maximizing learning time is important, research shows a clear link 
between adequate sleep and learning, health, and well-
being.137 138 139 Naps or rest time are developmentally 
appropriate for many young children, and we believe our proposal will 
increase the learning children can gain from other portions of the day. 
Quiet learning activities are proposed for children unwilling or unable 
to nap or rest so programs can implement learning experiences when that 
is more developmentally appropriate.
---------------------------------------------------------------------------

    \137\ Bates, J.E., Viken, R.J., Alexander, D.B., Beyers, J., & 
Stockton, L. (2002). Sleep and adjustment in preschool children: 
Sleep diary reports by mothers relate to behavior reports by 
teachers. Child Development, 73(1), 62-75.
    \138\ Lam, J.C., Mahone, E.M., Mason, T.B., & Scharf, S.M. 
(2011). The effects of napping on cognitive function in 
preschoolers. Journal of Developmental and Behavioral Pediatrics, 
32(2), 90.
    \139\ Kurdziel, L., Duclos, K., & Spencer, R.M. (2013). Sleep 
spindles in midday naps enhance learning in preschool children. 
Proceedings of the National Academy of Sciences, 110(43), 17267-
17272.
---------------------------------------------------------------------------

    In paragraph (e)(2), we propose to revise and redesignate meal time 
provisions in current Sec.  1304.23(c)(2) through (5) to place a 
stronger focus on learning and reduce unnecessary burden on programs. 
Family style meals, as we require in the current rule, are designed to 
support development and socialization. However, we believe it is less 
important that we micromanage how food is served and more important 
that programs approach snack and meal times as learning opportunities 
that contribute to a child's education and socialization. As a result, 
we propose programs implement an approach to mealtime that retains key 
elements to support learning, such as supporting staff-child 
interactions, without specifically using the term ``family style 
meals,'' which carries with it unwanted connotations of the 
requirement, such as type of serving dish. We propose to remove current 
requirements in Sec.  1304.23, such as a variety of food be served, 
which is covered under USDA regulations, and that food related 
activities involve children because this is unnecessarily prescriptive 
for federal education requirements. In addition, in paragraph (e)(3), 
we propose to require programs also approach routines and transitions 
between activities as opportunities for learning and development. This 
reflects best practice and will help optimize the frequency of 
opportunities for skill growth.

Section 1302.32 Curriculum

    In paragraph (a), we propose significant changes to the curriculum 
requirements in current in Sec. Sec.  1304.21(c) and 1304.3(a)(5) to 
reflect new requirements in section 642(f)(3) of the Act, the current 
role and use of curricula in the early education field, and a deeper 
understanding among practitioners about what qualities of curriculum 
are needed to improve child outcomes. This section does not apply to 
home-based programs because of inherent differences in the delivery of 
education services in home-based programs, as compared to center-based 
services. The current requirements for curricula define it in Sec.  
1304.3 as a written plan that includes goals, materials, experiences, 
and activities. In current Sec.  1304.21(c)(1), programs for 
preschoolers must implement a curriculum that supports some areas of 
development and individual learning. Though researchers agree that much 
is yet to be learned about effectively using curricula, there have been 
many advances in early childhood curricula since the existing rule on 
curriculum was written. We believe significant revisions to curricula 
requirements are necessary to ensure programs deliver high quality 
early education. In this NPRM, we propose to extend our curriculum 
requirements to Early Head Start, which Sec.  1304.21(b)(1) in the 
existing rule does not specifically require. Most Early Head Start 
programs use a curriculum, but we believe codifying this practice 
better reflects best practice and will foster better and more 
developmentally appropriate planning, activities, and emphasis on 
developmental skill growth among infants and toddlers in Early Head 
Start programs.
    Provisions in paragraph (a) propose requirements that outline the 
necessary qualities of curricula, as well as the critical 
characteristics of its use to ensure effective implementation. These 
requirements will increase the use and effective implementation of 
curricula that will have greater impacts on child development, 
learning, and outcomes. Specifically, our new requirements propose that 
curricula must be based on scientifically valid research, be aligned

[[Page 35473]]

with the Head Start Early Learning Outcomes Framework (Birth-5) and 
state early learning standards as appropriate, as required by the Head 
Start Act, and have standardized training procedures and curriculum 
materials to support implementation. Programs should assess their 
curriculum as necessary to ensure alignment with the Head Start Early 
Learning Outcomes Framework and, as appropriate, State Early Learning 
Standards. Programs should consider updating their curriculum or using 
curricular enhancements to improve alignment and to reflect program 
data on child progress. In addition, we require curricula include an 
organized developmental scope and sequence and be sufficiently content 
rich to promote measurable progress toward the goals outlined in the 
Head Start Early Learning Outcomes Framework (Birth-5) because research 
suggests these qualities are key to promoting child 
outcomes.140 141 142 143 144 145 146 147 148 We also propose 
to integrate professional development, supervision, and regular 
monitoring into curriculum use to ensure effective curriculum 
implementation.149 150 We anticipate that programs may need 
to use curricular enhancements in order to meet the requirements of 
this paragraph and that using such enhancements would not trigger the 
additional requirements for local variation. Many programs currently 
supplement their base curriculum with curricular enhancements to enrich 
the content of their curriculum. Programs are encouraged to use 
curricula with the best available evidence of effectiveness with their 
population of children.
---------------------------------------------------------------------------

    \140\ Clements, D.H., & Sarama, J. (2008). Experimental 
Evaluation of the Effects of a Research-Based Preschool Mathematics 
Curriculum. American Educational Research Journal, 45(2), 443-494.
    \141\ Starkey, P., Klein, A., & Wakeley, A. (2004). Enhancing 
young children's mathematical knowledge through a pre-kindergarten 
mathematics intervention. Special issue on Early Learning in Math 
and Science, 19(1), 99-120.
    \142\ Bierman, K.L., Domitrovich, C.E., Nix, R.L., Gest, S.D., 
Welsh, J.A., Greenberg, M.T., . . . Gill, S. (2008). Promoting 
Academic and Social-Emotional School Readiness: The Head Start REDI 
Program. Child Development, 79(6), 1802-1817.
    \143\ Clements, D.H. (2007). Curriculum research: Toward a 
framework for ``Research-based Curricula''. Journal for Research in 
Mathematics Education, 38(1), 35-70.
    \144\ Fantuzzo, J.W., Gadsden, V.L., & McDermott, P.A. (2011). 
An integrated curriculum to improve mathematics, language, and 
literacy for Head Start children. American Educational Research 
Journal, 48, 763-793.
    \145\ Lonigan, C.J., Farver, J.M., Phillips, B.M., & Clancy-
Menchetti, J. (2011). Promoting the development of preschool 
children's emergent literacy skills: A randomized evaluation of a 
literacy-focused curriculum and two professional development models. 
Reading and Writing, 24, 305-337.
    \146\ Preschool Curriculum Evaluation Research Consortium 
(2008). Effects of preschool curriculum programs on school readiness 
(NCER 2008-2009). Washington, DC: National Center for Education 
Research, Institute of Education Sciences, U.S. Department of 
Education. Washington, DC: U.S. Government Printing Office.
    \147\ Wasik, B.A., Bond, M.A., & Hindman, A.H. (2006). The 
effects of a language and literacy intervention on Head Start 
children and teachers. Journal of Educational Psychology, 98, 63-74.
    \148\ Riggs, N.R., Greenberg, M.T., Kusch[eacute], C.A., & 
Pentz, M.A. (2006). The mediational role of neurocognition in the 
behavioral outcomes of a social-emotional prevention program in 
elementary school students: Effects of the PATHS curriculum. 
Prevention Science, 7, 91-102.
    \149\ Lieber, J., Butera, G., Hanson, M., Palmer, S., Horn, E., 
Czaja, C., & Odom, S. (2009). Factors that influence the 
implementation of a new preschool curriculum: Implications for 
professional development. Early Education and Development, 20(3), 
456-481.
    \150\ Landry, S.H., Anthony, J.L., Swank, P.R., & Monseque-
Bailey, P. (2009). Effectiveness of comprehensive professional 
development for teachers of at-risk preschoolers. Journal of 
Educational Psychology, 101(2), 448.
---------------------------------------------------------------------------

    In paragraph (b), we propose requirements that allow local 
flexibility for programs that need to develop or significantly adapt a 
curriculum to better meet the needs of one or more specific 
populations. These requirements would not be triggered by the use of 
enhancements as long as the curriculum with these added enhancements 
meets the requirements in (a)(1)(i)-(ii). Rather, these proposed 
requirements would allow programs to use enhancements or other 
significant adaptations, where standardized training and materials may 
still be in development and a research-base is being built. However, 
because quality and implementation of curriculum are important for 
child outcomes,\151\ we propose additional requirements for these 
variations to ensure program quality is not lowered. Specifically, in 
paragraph (b), we propose that programs work with experts from a 
college, university, or research organization to develop and evaluate 
the effectiveness of the curriculum variation. We believe this proposal 
provides critical flexibility for local programs and researchers to 
partner in order to drive innovation and growth in the curriculum 
field, while also ensuring important safeguards for quality and 
accountability.
---------------------------------------------------------------------------

    \151\ Frede, E., & Barnett, W.S. (1992). Developmentally 
appropriate public school preschool: A study of implementation of 
the High/Scope curriculum and its effects on disadvantaged 
children's skills at first grade. Early Childhood Research 
Quarterly, 7(4), 483-499.
---------------------------------------------------------------------------

Section 1302.33 Child Screenings and Assessment

    This section applies to all program options and proposes 
significant revisions to the existing requirements on screening in 
Sec.  1304.20(b) and assessment in Sec.  1304.21(c)(2) to integrate 
advances from research, reflect best practice, and implement new 
requirements from section 641A(b) of the Act. We include proposals for 
appropriate use of developmental screening and ongoing child 
assessment, characteristics such tools must have to ensure their 
quality, and prohibitions in paragraph (d) on the use of assessment 
data as required by section 641A(b)(4)(B) of the Act. These 
requirements will improve the collection and use of important screening 
information that can identify developmental concerns and ongoing 
assessment information that can improve teacher practices throughout 
the program year. The integration of these requirements into the 
education services section of this proposed rule will improve the 
quality of such services and strengthen child outcomes.
    Paragraph (a) proposes requirements for developmental screening and 
how programs must use the results to appropriately meet the needs of 
children. In paragraph (a)(1) and (2), we propose to retain the current 
45-day requirement for programs to conduct or obtain screenings to 
identify concerns regarding a child's developmental, behavioral, motor, 
language, social, cognitive, and emotional, skills. We revise and 
redesignate this provision from the current child health and 
development services in Sec.  1304.20(b), to reflect its appropriate 
integration into education services. However, because one of the 
purposes of the developmental screening is to determine if a child 
requires referral for a formal evaluation for IDEA eligibility, we 
include a new proposal to reduce unnecessary screening of children and 
burdens on programs in paragraph (a)(3) by removing this requirement 
for children who already have a current IFSP or IEP. For all other 
children, paragraphs (a)(2) and (a)(4) revise the current rule to 
clarify how screening results must be used and to ensure children who 
require formal evaluations for IDEA eligibility are promptly referred 
for such services. This proposed change implements section 640(d)(3) of 
the Act and will reduce current confusion among programs about when and 
how screenings, assessments, and formal evaluations should be used and 
will lead to improved services for children when properly implemented.
    In paragraph (a)(5), we propose a new requirement to help ensure 
all children receive the services they need. In some cases, children 
experiencing delays in development do not meet a State's

[[Page 35474]]

eligibility criteria for an infant, toddler, or child with a disability 
but still exhibit delays that can be mitigated through specific 
services that target the child's needs, such as speech therapy. We 
believe it is critically important for programs to work to meet the 
additional individual needs of these children who may be at risk for 
experiencing a more substantial delay in development if additional 
supports are not provided. Therefore, we propose that if, after a 
formal evaluation, a child is determined not to be eligible for IDEA 
services, but the evaluation demonstrates delays likely to impact 
children's school readiness, the program must work with parents to 
access needed services and supports. We propose to allow program funds 
to be used if other resources are unavailable. This proposal should not 
be interpreted to create a separate IFSP- or IEP-like process within 
Head Start.
    In addition, we redesignate and revise the existing rule for 
developmental assessments in current Sec.  1304.21(c)(2) to propose 
significant improvements for the use of child assessment data in 
paragraphs (b)(1) and (2). The current rule only requires staff use 
ongoing assessment of each child as one strategy to promote and support 
children's learning and progress. We propose to revise this requirement 
to ensure programs use appropriate and high-quality assessments and use 
the data in an effective manner. Some of our proposal reflects 
requirements in section 641A(b) of the Act to increase the quality of 
assessments.
    Effective integration of ongoing child assessment data can lead to 
improved individualization of services within the program year. Such 
integration allows teachers to make necessary instructional adjustments 
to meet the needs of individual children and the classroom as a 
whole.\152\ Therefore, we propose to require programs conduct 
structured and standardized assessments for each child that provide 
ongoing feedback on their development level and progress in outcomes 
aligned with the goals described in the Head Start Early Learning 
Outcomes Framework (Birth-5). We also propose to require such 
assessments be designed to result in useable information and be 
conducted with sufficient frequency to allow for individualization 
within the program year, characteristics which are critical to 
improving practices.\153\ It is important to note that our proposal on 
the frequency of assessments is not intended to lead to unnecessarily 
frequent formal evaluations of children. Over-testing young children is 
burdensome to the teacher, unnecessary to support individualization, 
and does not reflect good practice.
---------------------------------------------------------------------------

    \152\ Landry, S. H., Anthony, J. L., Swank, P. R., & Monseque-
Bailey, P. (2009). Effectiveness of comprehensive professional 
development for teachers of at-risk preschoolers. Journal of 
Educational Psychology, 101(2), 448.
    \153\ Ibid.
---------------------------------------------------------------------------

    In paragraph (b)(3), we propose a new requirement that we also 
intend to increase the effective use of assessment data. Though the 
initial screenings within 45 days of child enrollment is critical for 
catching initial concerns about a child's developmental status, 
information from formal child assessments conducted throughout the year 
can also reveal concerns sufficient to refer a child for a formal 
evaluation by the entity that implements IDEA. Therefore, we propose to 
require programs use assessment data to appropriately identify and 
address concerns that arise throughout the year, consistent with 
current Sec.  1304.20(d).
    In paragraph (c), we propose the necessary characteristics of 
screenings and assessments to ensure programs use valid and reliable 
screening and assessments in an appropriate manner. This revision 
includes requirements from section 641A(b) of the Act. In paragraph 
(c)(2), we also propose new requirements about how programs must 
approach and implement screening and assessment practices for children 
who are dual language learners, in order to address the unique aspects 
of dual language development in young children, and to ensure that 
screening and assessment data are appropriately gathered and used for 
these children. Specifically, this provision would require programs to 
assess dual language learners in the language or languages that best 
capture their skill level and to assess their language development in 
both their home language and English, utilizing an interpreter as 
needed. This proposal reflects best practice already used by many Head 
Start programs and research that demonstrates that children who are 
dual language learners have different learning experiences across their 
two languages. For example, a child may learn how to count and to 
perform simple number operations in Spanish but not in English. At the 
same time, the child may learn to identify animals in English rather 
than in Spanish. Unlike monolingual children, young dual language 
learners may have knowledge, skills and abilities in one of their 
languages but not the other.\154\ Therefore, for children who are dual 
language learners, screening and assessment may need to be conducted in 
both languages in order to gain a complete understanding of these 
children's knowledge, skills and abilities.\155\
---------------------------------------------------------------------------

    \154\ Paradis, J., Genesee, F., & Crago, M. B. (2011). Dual 
language development and disorders: A handbook on bilingualism and 
second language learning. (Second edition). Baltimore: Paul H. 
Brookes.
    \155\ Barrueco, S., Lopez, M., Ong, C., & Lozano, P. (2012). 
Assessing Spanish-English bilingual preschoolers: A guide to best 
approaches and measures. Baltimore, MD: Brookes.
---------------------------------------------------------------------------

    In paragraph (d), we propose to prohibit the use of assessments for 
ranking, comparing, or evaluating children, providing rewards or 
sanctions or excluding children from programs consistent with section 
641A(b)(3)(B) and section 641A(b)(4)(B) of the Act.

Section 1302.34 Parent Involvement

    Parents are children's primary and most influential teachers, and 
engaging parents in their child's educational services in Head Start is 
one of several fundamental philosophies long held by Head Start. Parent 
involvement and engagement is addressed throughout the many subparts of 
the NPRM. This section specifically includes provisions to ensure that 
center-based and family child care programs structure their education 
services to encourage parents to engage in their child's education. 
This section is consistent with the current regulation and does not 
include any new requirements. Research shows parent involvement this is 
critical to children's success in school.156 157 158 We 
redesignate and revise the requirements so they are easier to read, 
find, and implement by reorganizing them from the many sections they 
exist (current Sec. Sec.  1304.21(a)(2)(i)-(ii); 1304.40(d)(2); 
1304.40(e)(1); 1304(e)(5); 1306.22(e); and 1306.32(b)(9)) into this 
section.
---------------------------------------------------------------------------

    \156\ Campbell, F. A., Ramey, C. T., Pungello, E., Sparling, J., 
& Miller-Johnson, S. (2002). Early childhood education: Young adult 
outcomes from the Abecedarian Project. Applied Developmental 
Science, 6(1), 42-57.
    \157\ Fantuzzo, J., McWayne, C., Perry, M. A., & Childs, S. 
(2004). Multiple dimensions of family involvement and their 
relations to behavioral and learning competencies for urban, low-
income children. School Psychology Review, 33(4), 467-480.
    \158\ McWayne, C., Fantuzzo, J., Cohen, H. L., & Sekino, Y. 
(2004). A multivariate examination of parent involvement and the 
social and academic competencies of urban kindergarten children. 
Psychology in the Schools, 41(3), 363-377.
---------------------------------------------------------------------------

Section 1302.35 Education in Home-Based Programs

    Our proposal recognizes the approach to education in home-based 
programs is equally critical to that in center-based and family child 
care programs, but necessarily quite different in its

[[Page 35475]]

delivery. The Act requires structured child-focused home visiting that 
promotes parents ability to support the child's cognitive, social, 
emotional, and physical development in section 645A(i)(2)(A). 
Therefore, we include a new section within this subpart to focus solely 
on the educational content and structure of home visits and group 
socializations for the home-based program option. This section 
redesignates and revises the requirements of Sec.  1306.33(b) and 
(c)(1) and (2) in the existing rule. However, this section is 
significantly more comprehensive and better reflects the need for home 
visits and other home-based services to focus on improving children's 
outcomes by enabling parents to facilitate their progress in domains 
critical to school readiness. This section mainly proposes to codify 
the guidance and technical assistance we have provided to home-based 
programs for many years. Paragraph (b) clearly describes the 
requirements for the structure of home visits and retains the 
requirements in current Sec.  1306.33(b) while aligning these 
requirements with the assessment and individualization requirements of 
other program models. Specifically, we propose revisions to the 
existing rule to require home visitors use ongoing assessment data to 
individualize home-visit learning experiences. We propose to remove 
current Sec.  1306.33(b)(2) because we clarify in proposed Sec.  
1302.20(b) that regardless of program option, all programs must provide 
a full range services. We remove the requirement that all program 
elements be provided monthly because it is overly prescriptive and does 
not allow programs flexibility to meet individual family needs.
    Paragraph (c) proposes new requirements for home-based curricula, 
including requirements that curricula be aligned to and be sufficiently 
content-rich within the Head Start Early Learning Outcomes Framework 
(Birth-5), and include an organized developmental scope and sequence. 
We also propose to require programs provide appropriate staff 
supervision and high quality professional development to ensure the 
curriculum is implemented effectively, in accordance with 645A(i). As 
with the center-based and family child care options, we propose to 
allow programs to implement local variations of curricula to better 
meet the needs of their families provided they continue to meet the 
requirements described in paragraph (c)(1)(i)-(ii) and (c)(2) to ensure 
quality and accountability.
    Paragraph (d) proposes to clarify and expand upon the purpose of 
home visit experiences, described in current Sec.  1306.33(b)(1) and 
provides requirements about the content of visits to scaffold 
individual child and program progress towards school readiness goals 
through a home-based model. These requirements are also written to 
reflect proposed revisions to the education requirements for the other 
program models. For example, in proposed paragraph (4), just as we do 
for center-based programs, we propose that home visits focus on the 
development of the home language and provide additional experiences in 
English for infant and toddler dual language learners; and we propose 
requirements that home visits focus on both English language 
acquisition and continued development of the home language for 
preschool age dual language learners. In addition, we propose to 
redesignate and revise current Sec.  1306.33(c)(1) through (2) in 
paragraph (e) to better describe the requirements for group 
socialization activities for all children, and for preschoolers in 
particular. Finally, in paragraph (f), we propose to clarify the 
requirement that home-based programs engage in screening and assessment 
as proposed for center-based and family child care options (Sec.  
1302.33) to ensure these important services are also being delivered to 
children receiving the home-based option.

Health Program Services; Subpart D (Currently Part 1304, Subpart B, 
Portions of Part 1304, Subpart D; Part 1306 Subpart C, and Sec.  
1306.25)

    This NPRM updates the existing Early Childhood Development and 
Health Services subpart (part 1304, subpart B) by including provisions 
related only to health, nutrition, and mental health and by updating, 
reorganizing, and streamlining requirements in order to make the rules 
easier to find, follow, and implement. This includes redesignating the 
sections related to education, and developmental screening and 
assessment into a new proposed subpart C of part 1302, Education and 
Child Development Program Services; redesignating language regarding 
individualization of services into proposed subpart F of part 1302, 
Additional Services for Children with Disabilities as well as subpart 
C; and reorganizing the entire Health Program Services subpart for the 
sake of transparency, clarity, and improved implementation. The Early 
Childhood Development and Health Services subpart in the existing rule 
is organized in a confusing manner that does not clearly delineate the 
services, or outline the chronological steps programs are required to 
take to deliver those services. To remedy this confusion, we propose to 
restructure the existing Early Childhood Development and Health 
Services subpart to clearly delineate the steps that will ensure 
programs deliver services that promote the overall health of all 
children.
    We propose to retain and streamline a majority of the policy 
requirements under the existing subpart. Specifically, we retain the 
core health services, including screening, ongoing care, and follow-up 
care as required by the Act (42 U.S.C. 9831). We propose to retain 
these requirements both because the Act clearly links health, mental 
health, and nutritional services to the purpose of Head Start, and 
because research has demonstrated a strong link between child health, 
school readiness, and long-term outcomes.159 160 161
---------------------------------------------------------------------------

    \159\ Currie, J. M. (2005). Health disparities and gaps in 
school readiness. The Future of Children, 15(1), 117-138.
    \160\ Janus, M., & Duku, E. (2007). The school entry gap: 
Socioeconomic, family, and health factors associated with children's 
school readiness to learn. Early Education and Development, 18(3), 
375-403.
    \161\ Bruner, C. (2009). Connecting child health and school 
readiness (Issue Brief No. 9). Denver, CO: The Colorado Trust.
---------------------------------------------------------------------------

    We propose the most substantial changes in Sec. Sec.  1302.42, 
1302.45, 1302.46, and 1302.47. We also propose several important 
additions. Specifically, we propose to highlight oral health as well as 
the content of parent education in health more explicitly than in the 
existing rule by creating new sections that outline requirements in 
each of these areas. Finally, given the critical importance of mental 
health, we propose to strengthen the provisions of the existing rule to 
better reflect best practice in the proposed rule to ensure mental 
health services are used to improve classroom management and to 
effectively address challenging behaviors when they arise. In their 
totality, these proposed changes reflect the overarching goals of the 
NPRM to improve clarity so that both existing grantees and prospective 
grantees can easily determine expectations, reduce bureaucratic burden 
on programs, and improve service delivery.

Section 1302.40 In General

    We propose to open the Health Program Services subpart D with a new 
`in general' statement that explicitly states the goal of the subpart, 
which is to ensure that programs provide high quality health, mental 
health, and nutrition services, as well as the purpose of such 
services, which is to support each child's growth and school readiness.

[[Page 35476]]

Section 1302.41 Collaboration and Communication With Parents

    We believe communication and collaboration with Head Start parents 
is fundamental to the delivery of all Head Start health services. The 
placement of this section at the forefront of this subpart and the 
consolidation of its core elements better communicates its critical 
importance to programs and the public. In this NPRM, the requirements 
for programs to communicate and collaborate with parents with regard to 
their children's health is written to reflect the applicability and 
importance of parental communication, collaboration, permission, and 
input for the services described throughout the entire Health subpart. 
In this section, we propose to redesignate Sec. Sec.  1304.20(e) and 
1304.23(b)(4), and concepts from Sec.  1304.24(a)(1). Some of these 
concepts are also represented, with regard to parent education services 
in Sec.  1302.46 of the proposed rule, which are described below. 
Specifically, paragraph (b) proposes requirements for programs to 
obtain advance parent or guardian authorization for all health and 
developmental procedures, such as vision and auditory screenings and 
the administration of any medications, to assist parents in 
communicating with their children's physician effects of medication on 
a child's behavior, and to share policies for health emergencies that 
require rapid response or immediate medical attention.

Section 1302.42 Child Health Status and Care

    In the existing rule, section Sec.  1304.20, is organized in a 
confusing manner because it does not make the required services, or the 
chronological order of the steps within those services clear. The 
existing rule conflates requirements that are related to extended 
follow-up and care with those of initial screening and ongoing care. 
This proposed section clearly delineates the several explicit steps. In 
paragraph (a), within 30 calendar days, programs must determine whether 
each child has an appropriate source of ongoing care and health 
insurance coverage and, if not, assist the parents in accessing each. 
In paragraph (b), programs must determine whether children are up to 
date on schedules of immunizations and well-child care, within 90 
calendar days, and, if not, assist parents in getting children up to 
date or if necessary, directly facilitate the provision of health 
services for children with parental consent. This direct facilitation 
could be accomplished by, for example, providing transportation to 
parents, bringing a health care provider to the program or organizing a 
field trip to the local health center. We believe the additional 
proposed requirement for program to directly facilitate health 
services, if necessary, is central to ensuring all children are up-to-
date, especially with critically important vaccinations, with parental 
consent. Under paragraph (b)(2) programs must ensure children are 
screened for health problems, including visual and auditory concerns, 
and assist parents in accessing care for any identified issues. 
Finally, in paragraph (c)(2), programs must monitor the implementation 
of follow-up care and monitor children for new and/or recurring health 
problems. Each of these four steps is also required in the existing 
rule, but their individual roles, as well as their order, is difficult 
to decipher in the existing structure. The explicit inclusion of health 
insurance also codifies long standing practice since linking families 
with health insurance is a critical step in helping link them with a 
provider, but, given its critical importance and the increased 
availability of coverage, we think being explicit on this requirement 
is important. We maintain each of these steps because research has 
shown that children who participate in a consistent schedule of well 
child care and immunizations are more likely to stay healthy and engage 
in program activities, leading to improved school readiness.\162\
---------------------------------------------------------------------------

    \162\ Bruner, C. (2009). Connecting child health and school 
readiness (Issue Brief No. 9). Denver, CO: The Colorado Trust.
---------------------------------------------------------------------------

    In addition to this general reorganization, we propose several 
language and policy changes to the existing rule in this section. 
Specifically, we propose to reduce the timeframe for determining 
whether a child has an appropriate source of health care to 30 days. As 
in the existing rule, we still propose to give programs 90 days to 
assist parents in accessing such a source of care and to ensure 
children are up to date with Early Periodic Screening, Diagnosis, and 
Treatment (EPSDT). We do, however, propose to add language to clarify 
that an appropriate source of ongoing care must maintain health records 
and cannot operate primarily as an emergency room or urgent care 
facility, because research has shown that families who have an ongoing 
source of continuous care that maintains their health records are more 
likely to attend well child visits, know what to do when their child is 
sick, and seek appropriate care for illnesses or health concerns.\163\ 
In paragraphs (b)(3) and (b)(4), we also propose to reduce to 30 days 
the time frame programs have to determine whether a child is up to date 
with EPSDT for children in programs that operate less than 90 days.
---------------------------------------------------------------------------

    \163\ Herman, A., & Jackson P. (2011). Empowering low-income 
parents with skills to reduce excess pediatric emergency room and 
clinic visits through a tailored low literacy training intervention. 
Journal of Health Communications, 15(8), 895-910.
---------------------------------------------------------------------------

    Per the changes described in the overview of this subpart, we 
propose to redesignate the requirements in the existing rule that 
describe developmental and behavioral screenings and assessments into a 
new subpart C of part 1302 in the proposed rule, because those 
screenings and assessments are most directly related to educational 
services. We do propose to retain sensory screenings and other health 
related diagnostics tests, including those related to nutritional 
status, in this section because these screenings and tests must be 
included in high quality health service delivery. We also propose to 
redesignate the requirements in the existing rule that such screenings 
be sensitive to each child's background (Sec.  1304.20(b)(1)) to Sec.  
1302.23(c)) and revised them to reflect that this is a core 
characteristic of an appropriate screening or assessment in subpart C 
in this part. In paragraphs (d) and (e), we propose to redesignate and 
revise requirements related to ongoing care and extended follow up and 
treatment from Sec. Sec.  1304.20 and 1304.22 in the current rule for 
clarity and transparency.
    Finally, we propose to redesignate Sec.  1304.20(f) and incorporate 
its key concepts--the importance of individualizing developmental 
services-- to the proposed Additional Services for Children Eligible 
for IDEA subpart as well as the Education and Child Development Program 
Services subpart. Given this redesignation, it was determined that 
health services are individualized by design, and thus the current 
Sec.  1304.20(f) was no longer relevant in this section or subpart.

Section 1302.43 Tooth Brushing

    In this section, we describe the oral hygiene requirements during 
program hours. The requirements delineated within this section are not 
new. Rather, we redesignate and revise the current provisions in Sec.  
1304.23(b)(3), to more accurately reflect the expectations for hygiene 
practices upon which programs are monitored, namely ensuring children 
brush their teeth during program hours. Research has documented a link 
between oral health

[[Page 35477]]

and specifically dental pain, and children's attendance in preschool 
programs, as well as their ability to effectively engage in classroom 
activities.164 165 166 167 While the existing rule specifies 
that oral hygiene should be promoted in conjunction with meals, we 
propose to remove this concept to give programs greater flexibility to 
determine how best to meet this requirement. Throughout the NPRM, we 
also propose to revise `dental' to `oral health' to reflect current 
medical terminology.
---------------------------------------------------------------------------

    \164\ Abanto, J., Carvalho, T. S., Mendes, F. M., Wanderley, M. 
T., B[ouml]necker, M. and Raggio, D. P. (2011), Impact of oral 
diseases and disorders on oral health-related quality of life of 
preschool children. Community Dentistry and Oral Epidemiology, 39, 
105-114. doi: 10.1111/j.1600-0528.2010.00580.x
    \165\ U.S. General Accounting Office. (2000). Oral Health: 
Dental Disease Is a Chronic Problem Among Low Income and Vulnerable 
Populations. Washington, DC: General Accounting Office.
    \166\ Schechter N. 2000. The impact of acute and chronic dental 
pain on child development. Journal of the Southeastern Society of 
Pediatric Dentistry 6(2), 16.
    \167\ Altarum Institute. 2007. Issue Brief: Oral Health Is 
Critical to the School Readiness of Children in Washington, DC. 
Washington, DC: Altarum Institute.
---------------------------------------------------------------------------

Section 1302.44 Child Nutrition

    Under section 641A(a)(1) of the Act, the Secretary must establish 
performance standards with respect to nutritional services. To 
implement this requirement, as with other sections of this subpart, we 
retain the majority of the requirements of the existing rule in this 
section through a reorganized structure. Specifically, in the proposed 
rule, we restructure the child nutrition section to solely reflect 
nutritional services programs provide directly to children, and as a 
result we propose to limit it to the provisions contained in Sec.  
1304.23(b), as well as Sec.  1304.23(c)(5) and (6) in the existing 
rule. In this vein, we propose to redesignate and restructure current 
Sec.  1304.23(a) and Sec.  1304.23(b)(4) such that all nutritional 
assessments are incorporated into child health status, as nutritional 
status is an integral part of child health status. In addition, we 
propose to redesignate Sec.  1304.23(c)(1) through (4) and Sec.  
1304.23(c)(7) in the proposed rule to the more appropriate placement in 
section Sec.  1302.31(c) in the proposed Education subpart because the 
concepts captured by the existing requirements are meant to convey the 
importance of utilizing meal time as an opportunity for children to 
continue to learn. We also redesignate some provisions in the existing 
rule to proposed sections on safety practices in Sec.  1302.47 (e.g. 
food sanitation) and standards of conduct in Sec.  1302.90(c) (e.g. 
food may not be used as punishment or reward) as those sections are 
more appropriate, given the reorganization of the proposed rule.
    In sum, in Sec.  1302.44(a)(2) we propose to maintain the 
substantive policies contained within the Nutritional Services section 
at existing Sec.  1304.23(b) and Sec.  1304.23(c)(5) and (6) of the 
existing rule in this section of the proposed rule with minimal 
restructuring to improve clarity. We maintain these policies because 
research demonstrates that one in every five children in America is 
living in a household without access to adequate food \168\ (that rate 
is likely much higher among the low-income families Head Start serves) 
and that children who are well nourished are better able to grow and 
learn.\169\ Additionally, we also redesignate Sec.  1304.40(c)(3) in 
the existing rule, which requires programs to make accommodations for 
mothers who wish to breastfeed in a center, to this section, as it is 
directly related to the nutritional needs of infants and research has 
clearly established the benefits of breastfeeding.\170\ In paragraph 
(b), we propose to redesignate Sec.  1304.23(b)(i) from the current 
rule regarding payment sources for nutritional services.
---------------------------------------------------------------------------

    \168\ Share Our Strength. (2013). Childhood Hunger in America. 
Washington, DC: Author.
    \169\ California Childcare Health Program. (2006). School 
readiness and health. San Francisco, CA: University of California, 
San Francisco School of Nursing, Department of Family Health Care 
Nursing.
    \170\ National Women's Health Information Center. (n.d.) The 
Comprehensive Benefits of Breastfeeding. Washington, DC: Author.
---------------------------------------------------------------------------

Section 1302.45 Child Mental Health

    In this section, we propose to redesignate and revise the existing 
section Sec.  1304.24, which focuses on child mental health services, 
to be more explicit about program requirements while focusing on 
supporting positive teacher-child interactions and child emotional 
well-being. Consistent with the approach throughout this proposed 
subpart, we propose to redesignate and revise all parent education 
requirements for mental health into the proposed Sec.  1302.46 Family 
Support Services for Health, Nutrition, and Mental Health.
    To improve how programs use mental health consultants, we propose 
to specify that mental health consultants must be engaged in supporting 
teachers for effective classroom management, formulating and 
implementing strategies for supporting children with challenging 
behaviors, and facilitating community partnerships in mental health. We 
also propose to remove the requirement that mental health consultants 
be utilized on a schedule of `sufficient frequency' (Sec.  
1304.24(a)(2) in the existing rule). In fact, we do not propose to 
include any prescribed schedule of mental health consultation for every 
program because we believe this causes undue burden to programs without 
adequate evidence of the most effective timing of such services. 
Rather, in paragraph (b)(2) we propose to maintain some flexibility for 
programs to determine the best way to guarantee access to mental health 
consultants for the purposes we propose to explicitly delineate.
    Early childhood mental health, or healthy emotional well-being, has 
been clearly linked to children's school readiness outcomes, and 
research estimates that between 9 percent and 14 percent of young 
children experience mental health, or social and emotional, issues that 
negatively impact their development.\171\ As a result, in paragraph 
(b)(1), we propose to require mental health consultation to support 
teachers because warm and responsive teacher practices and effective 
classroom management are critical to helping young children maintain or 
achieve healthy emotional well-being and to creating a classroom 
environment conducive to learning.172 173 Research has 
demonstrated the benefits of mental health consultation services for 
child behavior and staff job satisfaction and efficacy in early 
childhood programs.174 175 176 This research suggests that 
in order to achieve its mission, the Office of Head Start must ensure 
that programs are addressing the mental health needs of enrolled 
children and that programs promote

[[Page 35478]]

healthy emotional well-being through all program services, especially 
through teachers.\177\ The revisions we propose to the existing rule 
convey the critical importance of child mental health and emotional 
well-being and make the requirements for programs significantly 
clearer, without increasing bureaucratic burden.
---------------------------------------------------------------------------

    \171\ Brauner, C. B., & Stephen, B. C. (2006). Estimating the 
prevalence of early childhood serious emotional/behavioral disorder. 
Public Health Reports, 121, 303-310.
    \172\ Hair, E., Halle, T., Terry-Humen, E., Lavelle, B., & 
Calkins, J., (2006). Children's School Readiness in the ECLS-K: 
Predictions to Academic, Health, and Social Outcomes in First Grade, 
Early Childhood Research Quarterly, 21(4), 431-454.
    \173\ Raver, C.C., & Knitzer, J. (2002). Ready to Enter: What 
Research Tells Policymakers about Strategies to Promote Social and 
Emotional School Readiness among Three- and Four-Year-Old Children. 
National Center for Children in Poverty, New York, NY.
    \174\ Gilliam, W.S., & Golan, S. (2006). Preschool and child 
care expulsion and suspension: Rates and predictors in one state. 
Infants and Young Children, 19(3), 228-245.
    \175\ Perry, D. F., Dunne, M. C., McFadden, L., & Campbell, D. 
(2008). Reducing the risk for preschool expulsion: Mental health 
consultation for young children with challenging behaviors. Journal 
of Child and Family Studies, 17(1), 44-54.
    \176\ Brennan, E. M., Bradley, J. R., Allen, M. D., & Perry, D. 
F. (2008). The evidence base for mental health consultation in early 
childhood settings: Research synthesis addressing staff and program 
outcomes. Early Education and Development, 19(6), 982-1022.
    \177\ Raver, C.C., & Knitzer, J., (2002). Ready to Enter: What 
Research Tells Policymakers about Strategies to Promote Social and 
Emotional School Readiness among Three- and Four-Year-Old Children. 
National Center for Children in Poverty, New York, NY.
---------------------------------------------------------------------------

Section 1302.46 Family Support Services for Health, Nutrition, and 
Mental Health

    In this section, we propose to redesignate and consolidate all 
provisions from the existing rule that address health education and 
support services that must be delivered to families. The proposed 
redesignation of each of these provisions into paragraph (b) would 
provide greater clarity and transparency regarding these requirements. 
In paragraph (a), we propose to create a standalone section to 
enumerate program requirements for education and assistance to parents 
related to health needs in the proposed rule. By doing this, we 
highlight the critical importance of parental health literacy, defined 
as a parent's knowledge and understanding about basic health topics as 
well as their ability to navigate health systems,\178\ which has been 
linked to health and long-term outcomes of young children.\179\ In 
2009, a systematic review of the literature revealed a link between low 
parental health literacy and child health outcomes and found evidence 
that interventions providing written materials and counseling can 
increase parental health knowledge and improve health behaviors.\180\ 
This research, paired with research that documents a strong link 
between child health and later educational 
success,181 182 183 suggests that improving parental health 
literacy has the potential to improve children's school readiness and 
long-term outcomes, and that Head Start can play a critical role in 
improving child health and school readiness by directly addressing 
parental health literacy.\184\ In paragraph (b), we propose to 
redesignate and revise elements at Sec.  1304.40(f) in the current 
rule.
---------------------------------------------------------------------------

    \178\ U.S. Department of Health and Human Services, Office of 
Disease Prevention and Health Promotion. (2010) National Action Plan 
to Improve Health Literacy. Washington, DC.
    \179\ Herman, A., & Jackson P. (2011). Empowering low-income 
parents with skills to reduce excess pediatric emergency room and 
clinic visits through a tailored low literacy training intervention. 
Journal of Health Communications, 15(8), 895-910.
    \180\ Dewalt, D.A., & Hink, A., (2009). Health Literacy and 
Child Health Outcomes: A Systematic Review of the Literature. 
Pediatrics, 124(3), 265-274.
    \181\ Currie, J., (2009). Healthy, wealthy, and wise: 
Socioeconomic status, poor health in childhood, and human capital 
development. Journal of Economic Literature, 47(1), 87-122.
    \182\ Hair, E., Halle, T., Terry-Humen, E., Lavelle, B., & 
Calkins, J., (2006). Children's School Readiness in the ECLS-K: 
Predictions to Academic, Health, and Social Outcomes in First Grade, 
Early Childhood Research Quarterly, 21(4), 431-454.
    \183\ Bruner, C. (2009). Connecting child health and school 
readiness (Issue Brief No. 9). Denver, CO: The Colorado Trust.
    \184\ U.S. Department of Health and Human Services, Office of 
Disease Prevention and Health Promotion. (2010). National Action 
Plan to Improve Health Literacy. Washington, DC: Author.
---------------------------------------------------------------------------

    The proposed redesignation of each of these provisions into this 
section would provide greater clarity and transparency regarding these 
requirements. We propose only two new requirements. The first is a 
requirement that programs provide opportunities for parents to learn 
about healthy pregnancy and postpartum care. This new requirement would 
reflect the importance of prenatal and postpartum care for healthy 
child development and a renewed focus on ensuring that programs reach 
as many pregnant women as possible, either directly by providing Early 
Head Start services to them, or through education when another child is 
enrolled. The second is a requirement that programs inform parents of 
opportunities to access health insurance. We propose this new 
requirement because parental health insurance is a significant 
predictor of child health insurance and that children will get timely 
health care.

Section 1302.47 Safety Practices

    In this section, we propose to redesignate all provisions related 
to safety practices from Sec. Sec.  1304.22, 1304.23(e), 1304.52, 
1304.53, and 1306.25(b) and (c) of the existing rule. Maintaining basic 
health and safety practices is essential to ensuring high quality care 
so we propose strong safety practices and procedures that will ensure 
the health and safety of all children. In some instances, we move away 
from prescribing extensive detail when such level of regulation is 
unnecessary to maintain a high standard of safety and too inflexible to 
allow for growth in standard safety practices. This flexibility allows 
programs to adjust their policies and procedures according to the most 
up to date information about how to keep children safe.
    In paragraph (a), we propose that programs establish, train staff 
on, implement, and enforce health and safety practices that ensure 
children are safe at all times. This places a greater emphasis on 
ongoing administrative oversight and staff training than current 
regulations and should lead to better systems and practice when 
implemented. To ensure programs are equipped with adequate instruction 
on how to keep all children safe at all times, we propose programs 
consult a new ACF resource in this section, Caring for Our Children 
Basics, available at https://www.federalregister.gov/articles/2014/12/18/2014-29649/caring-for-our-children-basics-comment-request. Caring 
for Our Children Basics is a set of recommendations, which is intended 
to create a common framework to align basic health and safety efforts 
across all early childhood settings. Caring for Our Children Basics is 
based on Caring for Our Children: National Health and Safety 
Performance Standards; Guidelines for Early Care and Education 
Programs, Third Edition,\185\ a document produced with the expertise of 
researchers, physicians, and practitioners working with the American 
Academy of Pediatrics, American Public Health Association, National 
Resource Center for Health and Safety in Child Care and Early 
Education, and the Maternal and Child Health Bureau in the Department 
of Health and Human Services.
---------------------------------------------------------------------------

    \185\ http://cfoc.nrckids.org.
---------------------------------------------------------------------------

    In paragraph (b), we propose health and safety requirements for 
facilities, equipment and materials, background checks, staff safety 
training, safety practices staff must follow, hygiene practices, 
administrative safety procedures, and disaster preparedness plans. The 
proposed requirements are informed by research and best 
practice.186 187 188 189 190 191 192 193 We

[[Page 35479]]

propose to require that programs develop and implement a system of 
management, training, ongoing oversight, correction and continuous 
improvement adequate to ensure child safety. Additionally, we propose 
to require that all facilities for center-based programs meet licensing 
requirements and all family child care programs be licensed to maintain 
a minimum level of safety. This section references these proposed 
requirements, which are found in 1302.21(d)(1) and Sec.  1302.23(d) of 
the proposed rule. Finally, in paragraph (c), we propose to require all 
programs report any safety incidents in accordance with proposed Sec.  
1302.102(d)(1)(iii). We specifically request comment on this section in 
regard to whether we include the appropriate areas of health and safety 
and whether we include the appropriate amount of specificity for these 
proposed requirements.
---------------------------------------------------------------------------

    \186\ Carr, K. (2012). American Academy of Pediatrics issues 
policy statement on pesticide exposure in children. University of 
Washington, Seattle, WA.
    \187\ U.S. Department of Health and Human Services. The Health 
Consequences of Involuntary Exposure to Tobacco Smoke: A Report of 
the Surgeon General. (2006). Rockville, MD: Author.
    \188\ Kieran J., Phelan, K. J., Khoury, J., Kalkwarf, H., & 
Lanphear, B. (2005). Residential injuries in U.S. children and 
adolescents. Public Health Reports, 120, 65-70.
    \189\ Ibid.
    \190\ Simasek, M., & Blandino, D. (2007). Treatment of the 
common cold. American Family Physician, 75(4), 515-520.
    \191\ Nandrup, B. I. (2011). Comparative studies of hand 
disinfection and handwashing procedures as tested by pupils in 
intervention programs. American Journal of Infection Control, 39(6), 
450-455.
    \192\ Mulay, D. A. Keeping All Students Safe: The Need for 
Federal Standards to Protect Children from Abusive Restraint and 
Seclusion in Schools.
    \193\ Dunlap, G., Ostryn, C., & Fox, L. (2011). Preventing the 
Use of Restraint and Seclusion with Young Children: The Role of 
Effective, Positive Practices. Issue Brief. Technical Assistance 
Center on Social Emotional Intervention for Young Children.
---------------------------------------------------------------------------

    Additional safety practices related to background checks; standards 
of conduct including Head Start specific supervision requirements and 
prohibitions on seclusion and restraint; vaccination; and 
transportation are retained and strengthened in the appropriate 
subparts throughout the proposed standards to ensure child safety.

Family and Community Partnership Program Services; Subpart E (Currently 
Sec. Sec.  1304.40 and Sec.  1304.41)

    This subpart proposes requirements programs must implement to 
partner with families and communities. Family engagement is central to 
the mission of Head Start and Early Head Start. This is reflected in 
how we integrate family- and parent- related requirements throughout 
the existing and proposed rule. To improve clarity and transparency, we 
propose to broadly restructure, revise and redesignate most of the 
provisions from Sec.  1304.40 and Sec.  1304.41 in the existing rule, 
under a new subpart E, entitled Family and Community Partnership 
Program Services. In this new subpart, we propose to revise the 
existing rule to include only the requirements for general approaches 
to family engagement, parent services to promote child development, 
family partnership services, and community partnerships. We also 
propose changes to improve the quality of these services.
    To make it easier both for programs to implement and for the public 
to understand the broad range of Head Start family services and 
involvement, we propose to redesignate family services requirements 
from Sec. Sec.  1304.40 and 1304.41 of the existing rule to the 
subparts that are the most relevant. For example, we propose to 
redesignate and revise Sec.  1304.40(c) of the existing rule, which 
addresses the services that must be provided to enrolled pregnant 
women, into its own subpart (subpart H) in the proposed rule. 
Similarly, we propose to redesignate and revise Sec. Sec.  1304.40(h) 
and 1304.41(c) of the current rule, both of which address transition 
services, to their own subpart focused solely on transitions services 
(subpart G). This proposed reorganization improves clarity about what 
we expect programs to deliver and properly elevates the importance of 
transition services to providing high quality early education. In 
addition, we propose to redesignate and revise Sec.  1304.40(f), which 
addresses parent involvement in health nutrition, and mental health 
education, to Sec.  1302.46 Family Support Services for Health, 
Nutrition, and Mental Health in the proposed subpart D (Health 
Services).
    In addition to the reorganization described above, we propose 
policy revisions to improve the quality of family services and update 
community partnerships. We propose to better integrate family 
engagement practices into all aspects of programs and increase use of 
research-based strategies. In addition, we propose to clarify the 
expected outcomes of effective family engagement: Enhanced parenting 
skills, increased parental engagement in child learning and 
development, and improved family well-being in order to support child 
learning. Moreover, we propose to eliminate requirements for written 
plans, increase our focus on outcomes, and increase local flexibility 
to better match resources with family needs. We also propose revisions 
to community partnerships as required by the Act. These revisions will 
reduce bureaucratic burden and clarify that community partnership 
priorities should be driven by family needs and goals.

Section 1302.50 In General

    This section proposes the fundamental requirements that apply 
broadly to all parent and family engagement activities as well as 
general parent and family practices in Head Start and Early Head Start 
programs. These fundamental requirements are consistent with long-
standing Head Start philosophy about the importance of parents in the 
Head Start mission. Some provisions are retained from the current rule 
and others are updated to reflect best practice and lessons from 
research.
    In paragraph (a), we propose to require programs to integrate 
parent and family engagement strategies into all systems and program 
components. We envision program leadership playing an important role in 
this intentional integration so that all staff value and understand how 
to support and engage parents and families. Specifically, we propose to 
require programs to implement strategies into all systems and program 
components and develop community partnerships that will support family 
well-being in order to promote child learning and foster parental 
confidence and skills in ways that promote child learning and 
development. In parts of this section, we propose to retain some 
provisions with slight revisions, including current Sec.  
1304.40(a)(5), which requires staff to respect family diversity and 
cultural and ethnic backgrounds, and current Sec.  1304.40(d)(3), which 
requires programs to provide parents with opportunities to participate 
as employees or volunteers.
    In addition, we propose new requirements that reflect research and 
best practice. For example, in Sec.  1302.50(b)(1), we propose to 
require a greater emphasis on supporting regular child attendance 
because this is central to improving child outcomes in Head Start. 
Emerging research demonstrates a link between higher attendance rates 
in preschool and school readiness for kindergarten.\194\ Although about 
half of the days young children miss in preschool are likely due to 
illness, recent research in Chicago indicates that missed days may also 
be explained by other challenges, such as transportation, child care, 
and other demands on the family that make it difficult for the parent 
to secure child attendance.\195\ The proposed change requires programs 
to work with parents to determine how best to address attendance 
issues. This important new emphasis is further strengthened by 
additional systemic requirements for programs to promote regular 
attendance in Sec.  1302.16 in the proposed rule.
---------------------------------------------------------------------------

    \194\ Magnuson, K.A., Meyers, M.K., Ruhm, C.J., Waldfogel, J., 
(2004). Inequality in preschool education and school readiness. 
American Educational Research Journal, 41(1), 115-157.
    \195\ Erlich, S.B., Preschool Attendance in Chicago Public 
Schools: Relationships with Learning Outcomes and Reasons for 
Absences, The University of Chicago Consortium on Chicago School 
Research, 2013.

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

[[Page 35480]]

    In paragraph (b)(3) we propose to require programs to implement an 
intentional focus on father involvement in their children's early 
learning and development because it has been linked to improve child 
outcomes.\196\ For example, a study of Early Head Start families found 
that father engagement was associated with increased security and 
exploration among toddlers and stronger math and reading skills in the 
fifth grade.\197\
---------------------------------------------------------------------------

    \196\ Fagan, J., & Iglesias, A. (1999). Father involvement 
program effects on fathers, father figures, and their Head Start 
children: A quasi-experimental study. Early Childhood Research 
Quarterly, 14(2), 243-269.
    \197\ Cook, G.A., Roggman, L.A., & Boyce, L.K. (2011). Fathers' 
and mothers' cognitive stimulation in early play with toddlers: 
Predictors of 5th grade reading and math. Family Science, 1(2), 131-
145.
---------------------------------------------------------------------------

    In paragraphs (b)(5) and (6), we propose to add language to ensure 
programs allow families a choice in where they share personal 
information and have procedures for communication between family 
service, education staff, and home visiting staff to share information 
relevant to best meet the needs of children and families.

Section 1302.51 Parent Activities To Promote Child Learning and 
Development

    In this section, we propose revisions to existing requirements in 
Sec.  1304.40(e) describing the parent activities programs must provide 
to promote child learning and development in order to give more local 
flexibility to programs in determining the best way to meet the 
individual needs of families they serve. We also propose revisions to 
strengthen the quality of services by requiring programs offer parents 
opportunities to participate in a research-based parenting curriculum. 
The existing rule does not require research-based approaches, and we 
believe some parent activities programs provide do not have the impact 
that research shows is possible. Positive parent-child relationships 
are fundamental to the goal of promoting child learning and 
development. In paragraph (a) in this section, we propose to strengthen 
the longstanding commitment in Head Start and Early Head Start to 
promoting parenting skills with the incorporation of key concepts that 
have emerged in recent research: parental efficacy or confidence and 
parenting education that is designed to model targeted skills. Programs 
can and should provide supportive environments for parents and families 
that help them develop positive views of themselves as parents and the 
knowledge and skills to effectively foster the healthy development and 
early learning of their children. Interactions with staff, 
opportunities to form peer relationships, and access to information and 
supports can support parental confidence.
    Specifically, in proposed Sec.  1302.51(b), we propose a new 
requirement that all parents be offered the opportunity to practice and 
enhance parenting skills through participation in a research-based 
parenting curriculum. We believe this will improve the effectiveness of 
parent services aimed at enhancing parenting skills that support child 
learning and development.\198\ According to testimony by Dr. Hirokazu 
Yoshikawa for the Senate Committee on Health, Education, Labor and 
Pensions, programs with a parenting focus augment preschool 
effectiveness only if it they provide parents with modeling of positive 
interactions or opportunities for practice with feedback.\199\ One 
meta-analysis found that early childhood programs that simply provide 
parenting information had little to no effects, whereas programs that 
implemented intensive efforts in which desired behaviors are modeled 
and gave parents opportunities to practice had more significant 
gains.\200\
---------------------------------------------------------------------------

    \198\ The National Center on Parent Family and Community 
Engagement, Research to Practice Series, Positive Parent-Child 
Relationships, 2013.
    \199\ Yoshikawa, H. Testimony to the Senate HELP Committee--
Full-Committee Hearing on Supporting Children and Families through 
Investments in High-Quality Early Education, February 6, 2014.
    \200\ Shonkoff, J. (2013). Minds (Still) Wide Open: Sharpening 
our Theory of Change and Advancing the Frontiers of Innovation. 
Presentation to Frontiers of Innovation Community Workshop, Boston, 
MA.
---------------------------------------------------------------------------

Section 1302.52 Family Partnership Services

    In this section, we propose to revise and redesignate parts of 
Sec.  1304.40(a) and (b) of the existing rule that govern what were 
formerly named family partnership plans, to clarify the ongoing and 
strength-based nature of these services, to enumerate a specific 
sequence of activities programs are to offer families, and to allow 
more local flexibility in serving families. Existing regulations do not 
identify the key areas for engagement nor permit local flexibility to 
meet family needs. We envision a family partnership services approach 
that continues to be initiated as early as possible, is clearly shaped 
by parent interest and need, but effectively targets program and staff 
resources to ensure appropriate levels of intensity of services. We 
believe these proposed revisions increase local flexibility to meet 
family needs while placing a greater emphasis on measurable outcomes, 
which should lead to more targeted and effective service delivery.
    We propose revisions to the family partnership agreement process in 
this section to de-emphasize the development of a single written plan 
and instead require programs to offer individualized linkages to 
services based on family strengths and needs. Our intention is to 
require programs to analyze what they learn from families about their 
strengths and needs on an ongoing basis and tailor program family 
engagement and support strategies and resources as needed. We also make 
clear in Sec.  1302.52(c) that, while we propose to require all 
families be offered opportunities for individualized family partnership 
services, programs must take into account the urgency and intensity of 
family needs as well as their own program's capacities and triage 
services as appropriate. Our proposal would give programs the 
flexibility they need to able to respond to the range of enrolled 
families' needs, whether the family is homeless or financially stable; 
well-functioning or in crisis.
    In paragraph (b), we propose new requirements that programs 
implement intake and enrollment procedures that capture important 
information about family strengths and needs according to family 
outcomes outlined in the Head Start Parent Family and Community 
Engagement Framework, as appropriate. These new requirements make clear 
that information collected is just the first step of an ongoing process 
of collaborating with families to identify, prioritize, and access 
services and supports that are appropriate to address identified 
strengths and needs, and, if desired, work toward family goals. The 
proposed requirements also give programs the leeway to judge how best 
to match program and staff resources according to intensity and urgency 
of needs and goals. Programs must be able to measure progress in 
meeting identified needs and goals and work with parents to identify 
other actions if necessary. Finally, in proposed paragraph (d), we 
revise Sec.  1304.40(a)(3) in the existing rule, to acknowledge that 
programs and families operate within a larger community context. We 
propose to require that programs are aware of existing plans developed 
by other community agencies and help families access needed resources 
from other entities in the community, if available, in order to avoid 
duplication of effort.

Section 1302.53 Community Partnerships

    This section redesignates and revises Sec.  1304.41(a) and (b) of 
the existing rule, that address community partnerships

[[Page 35481]]

and advisory committees, with additions required by the Head Start Act, 
language updates to streamline existing provisions, and adds new 
provisions on coordination with state and local Quality Rating and 
Improvement Systems and agencies funded for early childhood data 
systems and K-12 statewide data systems (e.g., State Longitudinal Data 
Systems). We propose to update the existing regulations on community 
partnerships to reflect the development of an array of services since 
Head Start's inception. Although in some communities there may be many 
more potential partners than previously, there continues to be a need 
for coordination of services for families. We believe Head Start 
agencies must play an evolving leadership role to coordinate and build 
local systems as they provide complementary services on behalf of Head 
Start and Early Head Start children and families.
    We intend to strengthen community partnership activities in several 
additional ways. In Sec.  1302.53(a), we propose to remove 
documentation requirements and place a greater focus on active 
implementation. This would reduce bureaucratic burden that is more 
about process than action. Additional changes in Sec.  1302.53(a) and 
(b) propose create a more direct connection between the family 
partnership services described in this subpart and how programs 
prioritize the formation of community partnerships. This further 
clarifies that community partners that can advance family needs and 
goals, including those for improving family economic well-being and 
stability, education and credentials, and asset-building, should be 
prioritized as needed.
    In addition, in Sec.  1302.53(b) we propose to add types of 
providers with which programs should engage in collaborative 
relationships and partnerships. This includes providers of services to 
homeless children and families, domestic violence prevention and 
support, substance abuse prevention, mental health, providers of pre- 
and post-natal support, Temporary Assistance for Needy Families 
agencies, and workforce development and training programs; family 
literacy, adult education, and post-secondary education institutions. 
Some of these additional partners are proposed as required in section 
645A(b)(11) and section 642(e) of the Act, others reflect best 
practices from the Parent and Community Engagement Framework,\201\ and 
others from recommendations from the Advisory Committee on Head Start 
Research and Evaluation.\202\
---------------------------------------------------------------------------

    \201\ http://eclkc.ohs.acf.hhs.gov/hslc/tta-system/family.
    \202\ Advisory Committee on Head Start Research and Evaluation: 
Final Report (2012).
---------------------------------------------------------------------------

    We propose three additional changes in this section. First, in 
Sec.  1302.53(c), we propose to retain the requirement that programs 
must have health advisory committees and we propose to remove language 
about an option to have other advisory committees. This streamlined 
proposal reduces unnecessary redundancy. Second, in Sec.  1302.53(d), 
we reflect a provision described in section 642(e)(5) of the Act that 
requires a program to enter into a memorandum of understanding with the 
appropriate local entity responsible for managing publically funded 
preschool programs in the service area. This has been in effect since 
2008 and does not reflect a new requirement on programs. Finally, we 
propose a new provision that programs should participate in state or 
local Quality Rating and Improvement Systems if they have been 
validated to show that the tiers in the State's Tiered Quality Rating 
and Improvement System accurately reflect differential levels of 
quality, are related to progress in learning and development, and build 
toward school readiness and if Head Start programs can participate in 
the same way as other early childhood providers in the area. We 
considered making this a stronger requirement that programs must 
participate and are seeking comment on whether that would be a better 
approach. We are also specifically requesting comment on whether this 
provision will assist in improving information for parents and the 
quality of services for children or will create an undue burden on 
programs and duplication in monitoring. We are also specifically 
requesting comments on whether the Quality Rating and Improvements 
Systems have been appropriately validated, the results are publicly 
available and we should limit the proposal for Head Start participation 
in Quality Rating and Improvement Systems to systems that meet these or 
other requirements.

Additional Services for Children With Disabilities; Subpart F 
(Currently Part 1308)

    In this subpart of the NPRM, we propose to redesignate requirements 
in part 1308 in the existing rule, related to Services for Children 
with Disabilities, and significantly update those requirements to align 
with the Act. Specifically, we propose revisions to reflect 
requirements that children must be identified and receive services as 
prescribed in the Individuals with Disabilities Education Act (IDEA). 
In order to communicate its critical importance, we also propose to 
incorporate requirements for the full inclusion and participation of 
children with disabilities in all program activities, including but not 
limited to children eligible for IDEA services, throughout this NPRM.
    Prior to reauthorization of the Act in 2007, we permitted programs 
to use independent evaluators to diagnose disabilities and provide 
services. In this subpart, we propose to remove all requirements 
relevant to this outdated authority, including the eligibility 
criteria, which are outlined for twelve diagnostic categories in the 
existing rule (Sec. Sec.  1308.7 through 1308.17). Consistent with 
revisions throughout this NPRM, we propose to revise this section to 
include children from birth through the age of kindergarten entry, 
rather than just preschoolers. Additionally, we propose to remove the 
entire Appendix to Sec.  1308 in the existing rule because we do not 
want to provide guidance in tandem with regulations as this often 
causes confusion and an unwieldy document.

Section 1302.60 In General

    As in other subparts of this NPRM, we propose to include an `In 
general' section to outline the requirements contained herein and to 
specify that programs must ensure all children with disabilities, 
including but not limited to those who are eligible for IDEA services, 
and their families receive all applicable program services and are able 
to fully participate in all program activities.

Section 1302.61 Additional Services for Children With Disabilities

    In paragraph (a) of this section, we require that programs ensure 
all children with disabilities have access to and full participation in 
the range of activities and services provided, including individualized 
accommodations and supports necessary for their full participation. In 
paragraph (b), we propose new language to require programs to provide 
appropriate individualized services and supports for children, to the 
maximum extent possible, during the interim period while the local IDEA 
agency determines eligibility. It may take several months after 
referral for children to be evaluated and determined to be eligible to 
receive services under IDEA Part C or Part B. We believe it is 
important that their possible early intervention and special education 
and related service needs are met to the fullest possible extent during 
this time.

[[Page 35482]]

    Once a local IDEA agency determines a child is eligible for IDEA 
services, we also propose to require programs to meet the individual 
needs of children with IFSPs or IEPs. Specifically, in paragraph 
(c)(1), we propose to require programs to work closely with local IDEA 
agencies and other service providers, as appropriate, to ensure that 
indicated services are planned and delivered as required by the IFSP or 
IEP; children are working toward the goals that are identified in their 
individual plans; service providers have been identified as necessary 
for services that the program cannot meet such as for speech, physical 
or occupational therapy or consultant special education teacher 
services; and IFSPs and IEPs are revised and updated as required and 
needed.
    Finally, in paragraph (2), we propose to redesignate existing 
requirements, Sec. Sec.  1304.8(g) and 1304.20(f)(2)(iii), which 
describe transition services programs must provide for children with 
IFSPs or IEPs into this section. This section also retains existing 
requirements related to inclusion and transitions, with significantly 
streamlined and reduced language through reference to IDEA 
requirements. Specifically, we propose to redesignate and revise 
existing requirements (Sec.  1304.20(f)(iii)) that programs with 
children with an IFSP transitioning out of Early Head Start must 
collaborate with parents, and the local IDEA agency to ensure that 
there is a timely determination of continued eligibility and service 
delivery under IDEA. In addition, in this section we propose to 
redesignate and revise existing provisions in Sec.  1308.4(g), which 
require programs with children with IEPs transitioning out of Head 
Start to kindergarten to collaborate with the children's parents and 
local IDEA agencies to identify continued eligibility and appropriate 
IDEA service delivery.

Section 1302.62 Additional Services for Parents

    Finally, in this section, we propose to redesignate and revise 
Sec. Sec.  1308.6(e), 1304.20(f)(ii), and 1308.21 in the existing rule 
related to additional services for parents. Specifically, in paragraph 
(a), we recommend revisions to these requirements to explicitly 
identify the supports programs must provide to assist the parents of 
children with disabilities in meeting the needs of their children. We 
believe these proposed revisions streamline and more accurately 
enumerate the expectations that are implicit in the existing 
regulation. These clarified requirements include: Program collaboration 
with parents to help parents become advocates for their children; and 
understand their child's disability and how to meet their needs and 
support their development. While the existing rule requires that 
programs inform parents of possible resources such as the Supplemental 
Security Income (Sec.  1308.21(a)(7)), the revised rule specifically 
requires that programs assist parents in accessing the services and 
resources necessary for their family, including securing adaptive 
equipment and devices, creating linkages with support groups, and 
helping parents establish eligibility for additional supportive 
programs, as applicable (Sec.  1302.62(a)). We believe that this more 
expansive language clarifies the expectation the programs assist 
parents in obtaining the knowledge, equipment, and services they need 
to support the maximal development of their child. This is crucial as 
parents' ability to advocate for their children with special needs may 
play a critical role in acquiring necessary services both as a child is 
entering the system as an infant, toddler, or preschooler and as they 
eventually move into school.
    In paragraph (b), the clarified requirements apply explicitly to 
parents of children eligible for IDEA and include programs helping 
parents: Understand the referral, evaluation, and service provision 
timelines required under IDEA; actively participate in the eligibility 
determination and IFSP or IEP development process; understand the 
purposes and results of the evaluation process and the services that 
are provided through an IEP or IFSP; and finally, ensure their 
children's needs are accurately identified and addressed through the 
IEP or IFSP. We consider Head Start's role in helping parents navigate 
the IDEA process critical to obtaining needed early intervention and 
special education and related services.

Section 1302.63 Coordination and Collaboration With the Local Agency 
Responsible for Implementing IDEA

    Section 645A(b)(8) of the Act requires programs to ensure formal 
linkages with agencies implementing IDEA and providers of IDEA 
services. In this section, we propose to largely retain existing 
provisions (Sec. Sec.  1308.4(l) and 1304.20(f)(ii)) that describe 
requirements for programs to work with local agencies responsible for 
implementing IDEA to identify children who may be eligible. We note 
that section 637(a)(10) of the IDEA and the IDEA Part C regulations in 
34 CFR 303.210 and 303.302(c)(1)(ii)(E) also require coordination 
between Head Start and Early Head Start programs and IDEA early 
intervention service providers to ensure the early identification of, 
and provision of services to, young children with disabilities. We 
propose revisions to streamline the language to more clearly express 
actual program requirements rather than requiring programs to have a 
plan to address requirements. We propose to update the language in the 
existing rule which refers only to local education agencies (LEAs) such 
that it refers to ``the agency responsible for implementing IDEA'' to 
reflect that the term ``local IDEA agency'' is applicable to both 
children age birth to three and children age three through five and 
that the entity that provides IDEA Part C services to children with 
disabilities age birth to three are early intervention service (EIS) 
providers and that the entity that provides IDEA Part B services to 
children with disabilities age three through five are LEAs.
    In paragraph (b), we propose to redesignate and slightly revise for 
clarity provisions that require programs to develop agreements with 
local IDEA agencies to ensure efficient referral, evaluation, service 
coordination, and transition services (Sec. Sec.  1308.6(e), 
1304.20(f)(ii) and 1308.21 in the existing rule). In paragraph (c), we 
propose to revise existing provisions (Sec. Sec.  1308.21 and 
1304.20(f)(ii)) that require programs, in collaboration with parents, 
to participate in the development and implementation of Individualized 
Education Programs (IEP) and Individualized Family Service Plans 
(IFSP), including through the provision of screening and other 
information and participation in meetings. Finally, in paragraph (d), 
we propose to include a new requirement for programs to retain copies 
of children's IEPs or IFSPs for the time the child is in the program. 
We believe this provision will ensure every program has access to a 
child's individualized plan in order to support implementation to the 
fullest extent possible.

Transition Services; Subpart G (Currently Sec. Sec.  1304.40, 1304.41, 
and 1305.7)

    This subpart proposes to organize all provisions related to 
transition services from Sec. Sec.  1304.40(h), 1304.41(c) and 
1305.7(c) in the existing rule into a single subpart. Starting 
kindergarten is a big change for both children and families. Head Start 
provides transition services to support children and families 
effectively adapt to this change. Supporting children in this major 
life event so they feel comfortable with their

[[Page 35483]]

new setting and new teachers can lead to better social and academic 
outcomes for children.203 204 Supporting families through 
this transition can lead to more family engagement in 
kindergarten,\205\ and greater family engagement leads to better social 
and academic outcomes for children.206 207 Head Start 
transition services include collaborations with families and schools to 
help ensure children and families are supported during this change. 
Planning and implementing transitions from Early Head Start also 
provides important support for children and families and fosters 
continuity of services.
---------------------------------------------------------------------------

    \203\ Curby, T.W., Rimm-Kaufman, S.E., & Ponitz, C.C. (2009). 
Teacher-child interactions and children's achievement trajectories 
across kindergarten and first grade. Journal of Educational 
Psychology, 101(4), 912-925.
    \204\ Tran, H., & Winsler, A. (2011). Teacher and center 
stability and school readiness among low-income, ethnically diverse 
children in subsidized, center-based child care. Children and Youth 
Services Review, 33, 2241-2252
    \205\ Schulting, A.B., Moore, P.A., & Dodge, K.A. (2005). The 
effect of school-based transition policies and practices on child 
academic outcomes. Developmental Psychology 41(6), 860-871.
    \206\ Barnard, W.M. (2004). Parent involvement in elementary 
school and educational attainment. Children and Youth Services 
Review, 26, 39-62.
    \207\ McWayne, C., Hampton, V., Fantuzzo, J., Cohen, H.L., & 
Sekino, Y. (2004). A multivariate examination of parent involvement 
and the social and academic competencies in urban kindergarten 
children. Psychology in the Schools, 41(3), 363-377.
---------------------------------------------------------------------------

    We propose to reorganize and update transition services to improve 
their quality and effectiveness. In the existing rule, transition 
services are organized primarily under parent and community 
collaboration in Sec. Sec.  1304.40(h) and 1304.41(c). We propose to 
maintain these central linkages to parent and community collaboration 
but in a new structure that will support better service delivery, make 
it easier to determine what transition services we require from Early 
Head Start and Head Start programs, and elevate the importance of these 
program services.
    Despite the structural reorganization, we propose to maintain most 
of the existing provisions regarding transition services from the 
existing rule. We propose to streamline and update these provisions to 
improve clarity. In addition, we propose to include requirements from 
section 642A of the Act and expand services to better reflect lessons 
from transitions research, and reflect the changing landscape of 
available early learning programs. We believe these requirements will 
foster successful transitions to help children feel comfortable and 
positive about their new settings. We also believe they will enable 
parents to support their children emotionally and academically and 
assist them in understanding how to advocate for and engage in their 
children's education.

Section 1302.70 Transitions From Early Head Start

    This section proposes the requirements for supporting successful 
transitions out of Early Head Start and lays the foundation for 
sustained parent involvement in their child's education. This includes 
general requirements that support transitions from Early Head Start, 
specific requirements about transition planning, family collaborations, 
and collaboration between Early Head Start and Head Start, in 
paragraphs (a) through (d) of this section, respectively. Paragraph (e) 
includes a cross-reference to the additional transition services 
required for children with an IFSP and described in subpart F.
    This section mainly retains the existing requirements regarding 
these areas of transition services from Sec. Sec.  1304.40(h), 
1304.41(c), and 1305.7(c) because we believe they are important to 
supporting successful transitions. In paragraph (d)(2), we propose 
slight language changes to the existing rule to improve clarity and 
streamline language, and make collaboration requirements subject to 
privacy requirements proposed in part 1303. In paragraph (c), we also 
revise Sec.  1304.40(h)(2) to no longer require a staff-parent meeting 
be held toward the end of the year, but retain the core requirement 
that programs must provide information to parents about their child's 
progress during the program year as part of transition services. We 
believe this will reduce confusion and increase local flexibility 
without decreasing quality of service delivery. The existing rule 
requires programs to conduct at least two home visits with parents and 
at least two teacher-parent conferences. A separate provision under the 
current rule requires programs conduct a teacher-parent meeting toward 
the end of the year to help support transitions. Though we have not 
interpreted this to require three separate teacher-parent meetings, 
programs have expressed confusion about whether they are required to 
conduct the transition meeting separately from the parent-teacher 
conference. We believe elimination of specific mention of an end of 
year transition meeting will eliminate the confusion of whether a third 
meeting is required and allow local programs the flexibility to 
determine when and how (home visit or parent-teacher meeting) to best 
provide these transition services.
    We propose to strengthen transition services by requiring Early 
Head Start and Head Start to implement strategies to improve the 
collaboration and coordination for transition services between Early 
Head Start and Head Start in Sec.  1302.70(d). Only slightly more than 
half of Early Head Start children attend Head Start when they become 
age-eligible,208 209 and we believe programs must do more to 
maximize enrollment of Early Head Start children into Head Start, 
consistent with eligibility requirements. Extending services throughout 
the birth-to-five period is a more efficient use of Head Start funds 
and will help more children start kindergarten prepared to succeed in 
school. With the recent expansion of Early Head Start, this is 
increasingly important.
---------------------------------------------------------------------------

    \208\ Chazan-Cohen, R.& Kisker, E.E. (2012). Links between early 
care and education experiences birth to age 5 and prekindergarten 
outcomes. Monographs of the Society for Research in Child 
Development, 78(1), 110-129.
    \209\ Conversation with the Office of Policy Research and 
Evaluation, HHS regarding unpublished data. June 2, 2014.
---------------------------------------------------------------------------

Section 1302.71 Transitions From Head Start to Kindergarten

    In this section, we propose the services programs must implement to 
support successful transitions from Head Start to kindergarten. In 
paragraphs (a) through (d), respectively, we propose general provisions 
for programs to implement transition strategies and practices, family 
collaboration transition services, community collaborations transition 
services, and learning environment transition activities. Paragraph (e) 
includes a cross-reference to the additional transition services 
required for children with an IEP and described in subpart F. We 
believe these provisions will help Head Start preschoolers make strong 
transitions to elementary school and lay the foundation for sustained 
parent involvement in their child's education.
    Most of the requirements in this section are provisions we retain 
from Sec.  1304.40(h) and Sec.  1304.41(c) in the existing rule. We 
made minor language changes to improve clarity, eliminate confusion, 
and reflect a provision required by the Head Start Act. For example, in 
(b)(2)(iii), we propose to revise Sec.  1304.40(h)(3)(i) in the current 
rule, which requires programs to prepare parents to exercise their 
rights and responsibilities concerning the education of their children, 
to reflect requirements in the Section 642A of the Act to help parents 
of dual language learners understand the availability and 
appropriateness of language instruction educational programs available 
at their

[[Page 35484]]

elementary school. In addition, we propose to clarify, in paragraphs 
(c)(2)(i) through (ii), that transfer of relevant records and 
communication between Head Start and elementary school staff are 
consistent with privacy requirements we propose in part 1303.
    Furthermore, as with Early Head Start, we revise Sec.  
1304.40(h)(2) in the existing rule, which requires programs to hold a 
staff-parent meeting at the end of the year to provide information 
about the child's progress during the program year. We propose to 
retain the core requirement that programs provide this information to 
parents as part of activities that support successful transitions but 
remove the meeting requirement. As noted above, we believe this will 
allow programs more local flexibility to determine when and how to 
collaborate with parents on transitions services and eliminate 
confusion about whether the existing rule requires a third teacher-
parent meeting.
    We propose several small but substantive changes to existing 
provisions in this section. First, we propose to redesignate and revise 
current Sec.  1304.41(c)(1) to require programs to implement transition 
plans and to emphasize that programs must use ongoing transition 
strategies and practices. Throughout this NPRM, we have made a 
conscious effort to move away from requiring programs to develop plans 
and instead emphasize implementation. However, in this instance, 
research suggests that having a transition plan in place is important 
to support successful transitions. 210 211 212 213 214 We 
also propose to expand upon this same existing rule, which requires 
programs to ``establish and maintain procedures to support successful 
transitions,'' by explicitly proposing in paragraph (d) to require 
programs include strategies and activities in the learning environment 
that familiarize children with the transition to kindergarten and 
foster confidence about the transition. All three of these proposed 
changes incorporate lessons from research on effective transitions. 
215 216 217 218
---------------------------------------------------------------------------

    \210\ Pianta, R.C., Cox, M.J., Taylor, L., & Early, D. (1999). 
Kindergarten teachers' practices related to the transition to 
school: Results of a national survey. Elementary School Journal, 
100(1), 71-86.
    \211\ Patton, C., & Wang, J. (2012). Ready for Success: Creating 
Collaborative and Thoughtful Transitions into Kindergarten. Harvard 
Family Research Project.
    \212\ Pianta, R.C., & Kraft-Sayre, M. (2003) Successful 
Kindergarten Transition: Your Guide to Connecting Children, 
Families, & Schools. Baltimore, Md.: National Center for Early 
Development and Learning, Paul Brookes Publishing Co.
    \213\ National Governors Association. (2005). Building the 
foundation for bright futures: final Report of the NGA Task Force on 
School Readiness. Retrieved June, 2, 2014.
    \214\ Bohan-Baker, M., & Little, P.M. (2002). The transition to 
kindergarten: A review of current research and promising practices 
to involve families. Cambridge, MA: Harvard Family Research Project.
    \215\ Patton, C., & Wang, J. (2012). Ready for Success: Creating 
Collaborative and Thoughtful Transitions into Kindergarten. Harvard 
Family Research Project.
    \216\ McGann, J F., & Clark, P. (2007). Fostering positive 
transitions for school success. Young Children, 62(6), 77.
    \217\ Pianta, R.C., Rimm-Kaufman, S.E., & Cox, M.J. (1999). 
Introduction: An ecological approach to kindergarten transition. In 
R.C. Pianta & M.J. Cox (Eds.), The transition to kindergarten (pp. 
3-12). Baltimore, MD: Paul H. Brookes Publishing Co.
    \218\ LaParo, K.M., Kraft-Sayre, M., & Pianta, R.C. (2003). 
Preschool to kindergarten transition activities: Involvement and 
satisfaction of families and teachers. Journal of Research in 
Childhood Education, 17,147-158.
---------------------------------------------------------------------------

    Furthermore, we propose additional provisions to strengthen 
transition services for children moving from Head Start to 
kindergarten. First, we propose to expand family collaboration services 
with a new requirement in paragraph (b)(2)(ii) for programs to 
implement strategies and activities with families that include helping 
parents understand and use parenting practices that effectively provide 
academic and social support for their children during transitions. This 
reflects best practices and will improve service quality.
    In paragraphs (c)(1) and (c)(2), we propose to retain provisions 
consistent with sections 642(d)(3)(B) and 642(b)(13) of the Act that 
require programs to coordinate with school districts and kindergarten 
teachers. Secondly, in paragraph (c)(3), we propose to expand Head 
Start collaboration with school districts to include efforts to enroll 
Head Start children who will enter kindergarten into available summer 
school programming. Research finds that elementary students from low-
income families lose skills and knowledge during the summer break. 
219 220 Though this ``summer slide'' has not yet been 
examined with children between their pre-kindergarten and kindergarten 
years, we are concerned Head Start child in programs that do not 
operate during the summer months will experience this situation as 
well. This new provision aims to address this potential problem.
---------------------------------------------------------------------------

    \219\ Cooper, H., Charlton, K., Valentine, J.C., & Muhlenbruck, 
L. (2000). Making the most of summer school. A meta-analytic and 
narrative review. Monographs of the Society for Research in Child 
Development, 65 (1, Serial No. 260), 1-118.
    \220\ Cooper, H., Nye, B., Charlton, K., Lindsay, J., & 
Greathouse, S. (1996). The effects of summer vacation on achievement 
test scores: A narrative and meta-analytic review. Review of 
Educational Research, 66, 227-268.
---------------------------------------------------------------------------

Section 1302.72 Transitions Between Programs

    In this section, we propose three new provisions that will support 
transitions for children and families who might not otherwise receive 
such services. First, in paragraph (a), we propose to require programs 
to undertake efforts to enroll and support transitions for children and 
families moving out of the community in which they are currently 
served, including homeless families and children involved in the child 
welfare system, to other Early Head Start and Head Start programs. It 
is common for children from low-income families to experience housing 
instability.\221\ We also propose to include children in the child 
welfare system in this provision, given their family instability and 
the importance of early intervention, like that provided by Head Start, 
on their school readiness and long-term outcomes.\222\ Thus, Early Head 
Start and Head Start families sometimes move during a program year 
because of changing and challenging family circumstances.\223\ We 
believe it is important that programs make significant effort to 
facilitate the continued enrollment of these children in Early Head 
Start and Head Start programs in their new communities. This provision 
will improve continuity of services to children and families and 
improve the efficiency of Head Start funds.
---------------------------------------------------------------------------

    \221\ Profiles of Risk: Characterizing Housing Instability. 
Research Brief 1. (2011). Institute for Children, Poverty, & 
Homelessness. Washington, DC: Author.
    \222\ Rankin, V.E., & Gonsoulin, S. (2014). Early learning is 
essential: Addressing the needs of young children potentially at 
risk for system involvement. Washington, DC: National Evaluation and 
Technical Assistance Center for Children and Youth Who Are 
Neglected, Delinquent, or At Risk (NDTAC).
    \223\ Head Start and Housing (In)stability: Examining the School 
Readiness of Children Experiencing Homelessness. (2013). Institute 
for Children, Poverty, & Homelessness. Washington, DC: Author.
---------------------------------------------------------------------------

    Second, in paragraph (b), we propose a new provision to require 
Head Start programs to provide transition services to families who 
decide to enroll their children in a different public pre-kindergarten 
program in the year prior to kindergarten entry. This reflects the 
increasing availability of state- or locally-funded pre-kindergarten. 
These types of transitions may reflect as large a change for children 
and families as the transition from Head Start to kindergarten so it is 
important that Head Start programs implement services to support a 
successful transition.

[[Page 35485]]

    In paragraph (c), we propose to require Migrant and Seasonal Head 
Start programs support effective transitions to other Head Start 
programs when families move out of the community. Most Migrant and 
Seasonal Head Start programs already implement this important practice. 
Given the frequent mobility among families served by Migrant and 
Seasonal Head Start, supporting these transitions to maximize re-
enrollment in Head Start programs and effective transitions is 
particularly important.

Services to Enrolled Pregnant Women; Subpart H (Currently Sec.  
1304.40)

    In this subpart, we propose to redesignate, revise, and build upon 
concepts from Sec.  1304.40(c) of the existing rule, which describes 
the services that Early Head Start programs must provide to pregnant 
women they choose to enroll. We propose to redesignate these 
requirements from the existing family engagement subpart into a new 
standalone subpart in order to highlight the importance of prenatal 
health care and education and to significantly improve the transparency 
of these requirements for programs serving pregnant women. Long 
standing research clearly demonstrates the importance of prenatal care 
and the effectiveness of prenatal interventions in facilitating healthy 
pregnancies 224 225, 226 227 228 and improving child 
outcomes that affect later school readiness 
229 230 231 232 233 among at-risk women. While most of this 
proposed subpart represents a structural revision of existing 
requirements, it also expands upon currently required services to 
codify best practices.
---------------------------------------------------------------------------

    \224\ Olds, D.L., Henderson, Jr., C.R., Tatelbaum, R., & 
Chamberlin, R. (1986) Improving the Delivery of Prenatal Care and 
Outcomes of Pregnancy: A randomized Trial of Nurse Home Visitation. 
Pediatrics, 77(1), 16-28.
    \225\ Villar, J., Farnot, U., Barros, F., Victora, C., Langer, 
A., & Belizan J.M. (1992) A Randomized Trial of Psychosocial Support 
during High Risk Pregnancies, The New England Journal of Medicine, 
327(18), 1266-1271.
    \226\ Olds, D.L., & Kitman, H. (1993). Review of Research on 
Home Visiting for Pregnant Women and Parents of Young Children. The 
Future of Children, 3(3), 53-92.
    \227\ McLiaghlin, F.J., Altemeier, W.A., Christensen, M.J., 
Sherrod, K.B., Dietrich, M.S., & Stern, D.T. (1992). Randomized 
Trial of Comprehensive Prenatal Care for Low-Income Women: Effect on 
Infant Birth Weight. Pediatrics, 89(1), 128-132.
    \228\ Alexander, G.R., & Korenbrot, C.C. (1995). The Role of 
Prenatal Care in Preventing Low Birth Weight. The Future of 
Children, 5(1), 103-120.
    \229\ Larson, C.P. (1980). Efficacy of Prenatal and Postpartum 
Home Visits on Child Health and Development. Pediatrics, 66(2), 191-
197.
    \230\ Olds, D.L., Henderson, Jr., & C.R., Kitzman, H. (1994). 
Does Prenatal and Infancy Nurse Home Visitation have Enduring 
Effects on Qualities of Parental Caregiving and Child Health at 25 
to 50 Months of Life? Pediatrics, 93(1), 89-98.
    \231\ Olds, D.L., & Kitzman, H. (1990). Can Home Visitation 
Improve the Health of Women and Children at Environmental Risk? 
Pediatrics, 86(1), 108-116.
    \232\ Hack, M. Klein, N.K., & Taylor, H.G. (1995). Long-term 
Developmental Outcomes of Low Birth Weight Infants. The Future of 
Children, 5(1), 176-196.
    \233\ Reichman, N.E. (2005). Low birth weight and school 
readiness. The Future of Children, 15(1), 91-116.
---------------------------------------------------------------------------

Section 1302.80 Enrolled Pregnant Women

    In paragraph (a) of this section, we propose to include a 
requirement that programs determine whether enrolled pregnant women 
have ongoing sources of health care and, as appropriate, health 
insurance coverage and in paragraph (b), we propose that if the 
enrolled pregnant woman does not have such a source of care and, as 
appropriate, health insurance coverage, the program must facilitate 
access to each. We understand how important it is for pregnant women 
and children to have health insurance coverage. Pregnant women who have 
health insurance coverage are more likely to receive prenatal care. The 
link between a pregnant woman's health and the health of her child is a 
well-established fact. Early Head Start programs help pregnant women 
access health insurance coverage and will continue to offer this 
support through a combination of systems and services. This language 
reflects the proposed revisions to child health status in subpart D of 
the proposed rule. While this requirement can been inferred from Sec.  
1304.40(c)(1)(ii) of the existing rule, our proposed revisions would 
align with services that programs must deliver to children to reduce 
confusion and allow programs to use the same process for families of 
enrolled children and enrolled pregnant women. The prenatal empirical 
literature demonstrates the importance of such care during pregnancy. 
Research shows that pregnant mothers who receive consistent, ongoing 
prenatal care and engage in prenatal education activities are more 
likely to give birth to a healthy, full-term baby.\234\ The research 
also clearly demonstrates that children who are healthy at birth are 
more likely to experience healthy development throughout the early 
childhood years.\235\
---------------------------------------------------------------------------

    \234\ Ibid.
    \235\ Center on the Developing Child at Harvard University. 
(2010). The foundations of lifelong health are built in early 
childhood. Cambridge, MA: Author.
---------------------------------------------------------------------------

    Further, in paragraph (c), we propose to redesignate and slightly 
revise Sec.  1304.40(c)(1)(i) and (iii) in the existing rule such that 
we clearly require programs to facilitate access to comprehensive 
services, such as nutrition counseling and mental health services. The 
2002 Early Head Start Research and Evaluation Project found that 52 
percent of enrolled mothers were depressed, and 18% of fathers showed 
signs of depression when their children were 2 years old, leading to 
poorer outcomes for both children and their families.\236\ This 
research specifically on Early Head Start solidifies the importance of 
prenatal and postnatal mental health services for the families we 
serve. Additionally, research has clearly established the benefits of 
breastfeeding,\237\ signaling the critical importance of prenatal 
nutritional counseling for pregnant mothers enrolled in Early Head 
Start.
---------------------------------------------------------------------------

    \236\ Administration for Children and Families, Office of 
Planning, Research and Evaluation. (2002). Depression in the lives 
of Early Head Start families: Research to practice brief. 
Washington, DC: Author.
    \237\ National Women's Health Information Center. (n.d.) The 
Comprehensive Benefits of Breastfeeding. Washington, DC: Author.
---------------------------------------------------------------------------

Section 1302.81 Prenatal and Postpartum Services

    In this proposed section, we redesignate, revise, and expand upon 
provisions describing the prenatal and postpartum education services 
for pregnant women and relevant family members, in Sec.  1304.40(c)(2) 
of the existing rule. We propose that education services requirements 
in this section now include fetal development, the importance of 
nutrition, risks of alcohol, drugs and smoking, labor and delivery, 
postpartum recovery, infant care and safe sleep practices, and the 
benefits of breastfeeding. Paragraph (b) also proposes to emphasize 
existing requirements and expand upon them to require programs provide 
supports that promote emotional well-being,\238\ nurturing and 
responsive caregiving, 239 240 and father engagement during 
pregnancy and early childhood,\241\ each of which have been linked to 
later positive child outcomes. We know that many Early Head Start

[[Page 35486]]

programs already provide these supports and services, which are best 
practices for prenatal and postnatal care. This proposal simply 
codifies best practices that many Early Head Start programs already 
have in place.
---------------------------------------------------------------------------

    \238\ Administration for Children and Families, Office of 
Planning, Research and Evaluation. (2002). Depression in the lives 
of Early Head Start families: Research to practice brief. 
Washington, DC: Author.
    \239\ Bornstein, M.H., & Lamb, M.E. (2002). Development in 
infancy: An introduction. Psychology Press.
    \240\ Sroufe, L.A. (2005). Attachment and development: A 
prospective, longitudinal study from birth to adulthood. Attachment 
& Human Development, 7(4), 349-367.
    \241\ Fagan, J., & Iglesias, A. (1999). Father involvement 
program effects on fathers, father figures, and their Head Start 
children: A quasi-experimental study. Early Childhood Research 
Quarterly, 14(2), 243-269.
---------------------------------------------------------------------------

Section 1302.82 Family Partnership Services for Enrolled Pregnant Women

    In general, this section of proposed subpart H, simply highlights 
that, as with all other families, enrolled pregnant women should be 
receiving the family partnership services described in proposed subpart 
E. However, it clarifies that these services should be explicitly 
directed towards their prenatal and postpartum care needs. We also 
propose to redesignate Sec.  1304.4(i)(6) of the existing rule in this 
section to make the requirement more transparent to programs. This 
provision requires that programs engage in a home visit with the mother 
within 2 weeks after her child's birth, consistent with 645A(i)(2)(G) 
of the Act. Finally, we also propose to codify best practices, which 
excellent programs already follow, with regard to engaging the mother 
in discussions about program options and transitioning her child into 
program enrollment during and support the mother, where appropriate.

Human Resource Management; Subpart I (Currently Sec. Sec.  1301.31, 
1304.21 Through 1304.23, 1304.51, 1304.52, 1306.20 Through 1306.23, and 
1306.33)

    In this subpart, we propose to redesignate, update, and combine all 
current regulations related to human resources management into one 
coherent section. We believe this will increase transparency and 
clarify human resources management for programs. Topics related to 
human resources were included in multiple sections within the existing 
rule, including Sec. Sec.  1301, 1304.52, 1306.20(f) and 1306.21. In 
addition to this broad restructuring, we propose to universally apply 
several concepts to the revisions to this section. Specifically, we 
propose to move away from requiring written plans and prescribing how 
specific requirements should be achieved in order to give greater 
flexibility to programs in determining the best way to meet the 
expectations we retain.
    These universal themes are reflected in this subpart through the 
proposed revisions to the written personnel policy requirements, the 
proposed removal of staff qualifications that were not easily 
measurable, and the proposed retention of requirements that all staff 
adhere to appropriate standards of conduct and all staff and 
consultants have sufficient knowledge, training, and experience to 
fulfill the roles and responsibilities of their positions to ensure the 
delivery of high quality services. We also propose to increase many 
staff qualifications as required by the Act and improve the focus of 
professional development for education staff, which will further 
improve program quality.

Section 1302.90 Personnel Policies

    In this section, we propose to redesignate, consolidate, and update 
provisions from Sec. Sec.  1301.31, 1304.52(i), and 1304.52(g). 
Consistent with the principles described above, we propose to remove 
Sec.  1304.52(j) of the existing rule, which prescribed a process for 
conducting staff appraisals. While we believe that conducting annual 
staff appraisals is good managerial practice, we also acknowledge that 
there may be other equally appropriate methods for staff supervision 
and feedback, and therefore wish to provide programs with flexibility 
on this process. Additionally, we propose to remove much of Sec.  
1301.31(a) of the existing rule, which requires multiple written 
policies and prescribes what those policies must include, because we 
believe prescribing the content of these written policies causes undue 
burden on programs and we believe it will be more efficient and 
effective to give programs flexibility in meeting their managerial 
requirements. Therefore, in this section we propose to retain the 
requirement that programs establish written personnel policies and 
procedures, but remove the prescription of the topics that those 
policies and procedures must cover.
    In this section, we also propose to retain and strengthen the 
process for performing background checks on staff and standards of 
conduct. We propose to largely retain the conceptual process for 
recruiting and selecting staff (Sec.  1301.31(b)). Within this process, 
however, we propose to highlight child safety as a top priority for the 
Office of Head Start by strengthening the criminal background check 
requirements to reflect revisions to the Act, align with a new ACF 
resource guide called Caring for Our Children Basics (discussed below), 
and complement the new background check requirements in the Child Care 
and Development Block Grant (CCDBG) Act of 2014. The proposed 
requirement would strengthen the background check process for staff in 
Head Start programs by requiring both state/local/tribal and federal 
criminal background checks, as well as clearance through available 
child abuse and neglect and sex offender registries. Making this 
requirement complement the new CCDBG requirement will minimize burden 
on programs that operate with both Head Start and Child Care 
Development Funds. In addition, the existing rule requires a background 
check but does not require programs to act on that information. While 
we do not propose to include Head Start specific prohibitions based on 
the background checks, we do propose to require programs use the 
disqualification factors their state licensing entities establish when 
making employment decisions.
    In paragraph (b)(3), to further protect children's safety, we do 
propose to require programs provide justification for any hire where an 
arrest, pending criminal charge, or conviction is present. The 
strengthening of these proposed provisions aligns with a consistent 
message from the federal government about the importance and 
characteristics of high quality background checks, which are critical 
to ensuring child safety in all early care and education settings. In 
addition, because section 648A(e) of the Act now requires all staff to 
have background checks completed prior to employment, we propose to 
remove all of Sec.  1301.31(b)(2) and Sec.  1301.31(c) of the existing 
rule because declarations and exclusions on such declarations are no 
longer relevant. In paragraph (b)(4), we propose to further strengthen 
background check requirements by requiring programs perform background 
checks every five years for current staff.
    Additionally, in paragraph (b)(5), with regard to hiring parents, 
we propose to revise the language in the existing rule (Sec.  
1304.52(b)(2)) and redesignate the provision to this section to reflect 
that ``being qualified'' and being the best suited for a job are not 
identical concepts and to increase local flexibility. We want to make 
sure parents, and their parental status are considered in the hiring 
process, but we do not want programs to believe they are required to 
hire any parent who applies with appropriate qualifications, without 
regard to the program's judgment of how well qualified that parent is 
or the qualifications and experience of other applicants.
    Under paragraph (c) of this section, we also propose to strengthen 
the current standards of conduct (Sec.  1304.52(i)(1)) in this section 
to align with the prohibited behaviors listed in a new ACF resource, 
Caring for Our Children Basics, which is available on the OHS Web site. 
Caring for Our Children Basics is a common set of recommendations, 
which is intended to create a common framework to align basic health 
and safety efforts across all early childhood settings. Caring for Our 
Children Basics is based on Caring for

[[Page 35487]]

Our Children: National Health and Safety Performance Standards; 
Guidelines for Early Care and Education Programs, Third Edition, a 
document produced with the expertise of researchers, physicians, and 
practitioners working with the American Academy of Pediatrics, American 
Public Health Association, National Resource Center for Health and 
Safety in Child Care and Early Education, and the Maternal and Child 
Health Bureau in the Department of Health and Human Services. The 
standards of conduct we propose to include strengthen the requirements 
that ensure all staff, consultants and volunteers interact with family 
and children with respect and that their actions support the best 
interests and safety of all children. The standards are strengthened 
specifically by the inclusion of an explicit prohibition on seclusion 
and restraint and retain the existing protections for child and safety 
related to standards of conduct in Sec.  1302.90(c).
    Finally, in paragraph (d) of this section, we propose to 
redesignate language from Sec. Sec.  1304.52(g) and 1306.20(f) in the 
existing rule to reflect the importance of staff being able to 
communicate with dual language learners and their families, either 
directly or through interpretation or translation. We also clarify, 
throughout the proposed rule that children for whom English is not 
their first language are dual language learners, whereas their parents 
and families (adults) are Limited English Proficient. Given the 
proportion of dual language learners that Head Start programs serve, it 
is critical that programs devote the necessary resources within their 
management of human resources to provide high quality services to these 
children and their families, and this includes ensuring the ability of 
staff to communicate with them in their primary language.\242\ \243\ 
\244\
---------------------------------------------------------------------------

    \242\ Castro, D. C. & Espinosa, L. M. (2014). Developmental 
characteristics of young dual language learners: Implications of 
policy and practice in infant and toddler care. Zero To Three, 
January, 2014.
    \243\ Espinosa, L. (2010). Getting it right for young children 
from diverse backgrounds: Applying research to improve practice. 
Upper Saddle River, NJ: Pearson.
    \244\ Hakuta, K. (1986). Mirror of language: The debate on 
bilingualism. New York: Basic Books.
---------------------------------------------------------------------------

Section 1302.91 Staff Qualification Requirements

    In this section, we propose to redesignate Sec. Sec.  1304.52(b) 
through (h) and 1306.21 to ensure that all staff qualification 
requirements are centrally located within the rule. We propose to 
remove Sec. Sec.  1306.21 and 1304.52(b)(1) to eliminate relying on 
cross-referencing the Act for qualifications of classroom teachers. 
Rather, we propose to incorporate language that reflects the 
requirements of the Act, which include a minimum of an Associate's 
Degree for all Head Start Teachers and an infant and toddler Child 
Development Associate (CDA) for Early Head Start. This decision was 
made because there are several intermediary requirements of the Act, 
which are no longer in effect at the time of this NPRM, and to provide 
clarity for programs on the requirements for all staff. The 
requirements incorporated have been in effect since 2011 and 2012 
respectively. While we propose to add the provisions dictating the 
qualifications of teachers and assistant teachers, the requirements are 
technically retained from the existing rule per the cross-reference to 
the Act.
    We propose additional revisions to increase staff quality. Building 
on the section 648A of the Act's requirement of ``demonstrated 
competencies'' for teachers, we propose to add key core competencies 
for all teaching staff and home visitors to better support the delivery 
of high quality education services. Specifically, we propose to require 
that teachers demonstrate competencies needed to plan and implement 
high quality learning experiences, effectively implement curriculum, 
support a warm environment, and promote progress across the standards 
in the Head Start Early Learning Outcomes Framework (Birth-5). In 
paragraph (f), to create a minimum staff qualification for all home 
visitors which we currently lack, we require that all home visitors 
have, at a minimum, a home-based CDA credential. We recognize that the 
Head Start and Early Head Start home visiting workforce is, in general, 
very well qualified. However, 10 percent of our current workforce does 
not hold at least a CDA, and given the complex skills necessary to be a 
successful home visitor, we are motivated to address this shortfall. We 
feel the home-based CDA offers the minimum level of training and 
content necessary for home visitors to effectively help children and 
families make progress on school readiness goals. We would like to 
invite public comment specifically on this proposed change and whether 
experts and practitioners would recommend setting an even higher 
standard.
    In addition, we propose to remove qualifications that were 
especially nebulous or hard to determine during an interview process 
like ``knowledge of'' and instead propose to rely on training and 
experience, and, where possible, degrees, licenses or certificates. 
Specifically, we propose to remove qualifications for family service, 
health, and disabilities staff (Sec. Sec.  1304.52(b)(1), 1304.52(b)(4) 
and (5), and 1304.52(b)(6)) because the requirements in the existing 
rule were not meaningful or measureable, and because research does not 
support the need for specific degrees. Therefore, we propose to require 
programs ensure all staff and consultants have sufficient knowledge, 
training, and experience to fulfill the roles and responsibilities of 
their positions and deliver high quality services. We propose to revise 
the requirements for qualifications of a fiscal officer in response to 
feedback that programs of diverse sizes have diverse needs for fiscal 
officers. The proposed revision would give programs greater flexibility 
to assess their own needs and ensure that their fiscal officer is 
qualified to meet those needs.
    While we have not proposed in this NPRM to increase the 
qualification requirements for teachers beyond what is in the Act, we 
are specifically seeking public comment on whether all Head Start 
teachers and potentially all Early Head Start teachers should be 
required to have a bachelor's degree. The Institute of Medicine and 
National Research Council recently issued a report entitled, 
``Transforming the Workforce for Children Birth to Age Eight: A 
Unifying Foundation.'' The report includes a specific recommendation 
that ``comprehensive pathways and multiyear timelines at the 
individual, institutional and policy level [be developed and 
implemented] for transitioning to a minimum bachelor's degree 
requirement, with specialized knowledge and competencies, for all lead 
educators working with children birth through age 8.'' We believe the 
proposed requirements in this section will ensure all teachers in Head 
Start and Early Head Start will have the specialized knowledge and 
competencies the recommendation includes. Further, we have clarified 
that all training and professional development should be credit bearing 
in section 1302.92 of this NPRM but do not require those credits lead 
to a bachelor's degree. Currently, 71% of Head Start teachers have a 
bachelor's degree, but only 27% of Early Head Start teachers have their 
bachelor's. In Early Head Start, such a requirement would potentially 
be complicated by the lack of a ``lead'' teacher in these classrooms. 
Therefore, it is unclear whether all Early Head Start teachers should 
have a bachelor's degree or if one teacher with a

[[Page 35488]]

bachelor's degree could be assigned greater responsibility and be 
designated the ``lead'' educator for this purpose. As a result, rather 
than increase the qualification requirements for all teachers in this 
NPRM, we are asking for specific comments for whether and how more 
teachers in both Head Start and Early Head Start should have a 
bachelor's degree.
    We are also specifically seeking public comments about specific 
degree requirements that might be required for family service workers, 
disabilities services staff, and health staff.

Section 1302.92 Training and Professional Development

    In this section, we propose to revitalize requirements for staff 
training and professional development so that resources are targeted to 
support effective professional development strategies and the content 
of such activities focus on the areas most important to supporting 
elements of teacher and program practice that are most directly linked 
to improved child outcomes. We instead describe a system of 
professional development that must include research-based approaches 
for all staff. We also propose to narrow the focus of professional 
development for educational staff to a coordinated system of 
professional development, the majority of which is delivered through 
individualized coaching. In addition, the approach to family child care 
providers has been revised to reflect that family child care providers 
are educators and therefore need the same professional development 
opportunities as center-based education staff. As a result, we removed 
the list of requirements that reiterated the need for programs to train 
family child care providers (Sec.  1304.52(l)(4) of the existing rule), 
and included family child care providers in the overall system of 
professional development.
    We propose to improve the focus of the professional development and 
training system and redesignate and revise language from Sec.  
1304.52(l)(1) and (2) in the coordinated system of professional 
development described in this section. In addition, we propose to add 
more specific language around supporting education staff to develop the 
core competencies necessary to better improve child outcomes, including 
effective curricula implementation, content knowledge of the Head Start 
Early Learning Outcomes Framework (Birth-5), providing effective 
teaching and nurturing teacher-child interactions, supporting dual 
language learners, addressing challenging behaviors, using child 
assessment data to individualize child progress, and preparing children 
for new programs. This more targeted training and professional 
development reflects research that suggests such an approach has the 
greatest impacts on quality.245 246
---------------------------------------------------------------------------

    \245\ Zaslow, M., Tout, K., Halle, T., Vick, J., & Lavelle, B. 
(2010). Towards the identification of features of effective 
professional development for early childhood educators: A review of 
the literature. Report prepared for the U.S. Department of 
Education.
    \246\ Tout, K., Halle, T., Zaslow, M., & Starr, R. (2009). 
Evaluation of the Early Childhood Educator Professional Development 
Program: Final Report: Report prepared for the U.S. Department of 
Education.
---------------------------------------------------------------------------

    Through the coordinated system of professional development we also 
propose to add a new emphasis on utilizing intensive coaching as a 
method for delivering effective professional development. We aim for 
this to largely replace intermittent workshops and conferences, which 
are not shown to lead to sustained improved practice. There is a 
growing body of research supporting the effectiveness of intensive 
professional development for implementing specific research-based 
practices in early care and education settings.247 248 249 
Recent research documents the emergence of coaching and other on-site, 
intensive models of professional development as strategies to support 
the application of teaching practices and overall quality improvement 
in early care and education settings and find that coaching is 
associated with improved teacher practice in the classroom and a 
positive increase in classroom quality.250 251 In many 
currently operating coaching systems, the coaching occurs on a weekly 
or bi-monthly schedule, for less than one program year. Yet, most 
programs do not have the staffing patterns to ensure that there is a 
dedicated staff person who can conduct regular observations of teacher 
practice and provide ongoing feedback and support to help them improve. 
For this reason, we propose to require that all grantees employ expert 
coaches or mentors who provide regular classroom, family child care, or 
home based observations and feedback, but we do not propose to 
designate a specific schedule. We also propose to require that such 
observations and feedback be directed primarily at the implementation 
of research-based practices and effective teacher-child interactions.
---------------------------------------------------------------------------

    \247\ Buysse, V., & Wesley, P.W. (2005). Consultation in Early 
Childhood Settings. Baltimore, MD: Paul H. Brookes Publishing.
    \248\ Tout, K., Halle, T., Zaslow, M., & Starr, R. (2009). 
Evaluation of the Early Childhood Educator Professional Development 
Program: Final Report: Report prepared for the U.S. Department of 
Education.
    \249\ Zaslow, M., Tout, K., Halle, T., Vick, J., & Lavelle, B. 
(2010). Towards the identification of features of effective 
professional development for early childhood educators: A review of 
the literature. Report prepared for the U.S. Department of 
Education.
    \250\ Isner, T., Tout, K., Zaslow, M., Soli, M., Quinn, K., 
Rothenberg, L., Burkhauser, M. (2011). Coaching in early care and 
education programs and Quality Rating and Improvement Systems 
(QRIS): Identifying promising features. Child Trends.
    \251\ Lloyd, C.M., & Modlin, E.L. (2012). Coaching as a key 
component in teachers' professional development: Improving classroom 
practices in Head Start settings. Administration for Children and 
Families.
---------------------------------------------------------------------------

    We recognize that requiring intensive coaching models of 
professional development may represent a significant increase in burden 
for some programs, but we are convinced that it is an essential 
component of raising the quality of educational services in Head Start 
and improving child outcomes. Given the realities of limited resources, 
the proposed revisions build in program flexibility to direct these 
intensive services, at a minimum, to the teachers and education staff, 
including teaching teams, who would benefit the most from intensive 
professional development to improve the quality of their instruction 
and teacher-child relationships. We do propose to require that 
education staff who do not receive intensive coaching as an individual 
or as part of a teaching team, at a minimum, continue to receive other 
research-based professional development opportunities. Proposed 
requirements in paragraph (c) are consistent with section 648A(a)(5) of 
the Act which requires each Head Start teacher receive no less than 15 
clock hours of professional development per year.
    Finally, in paragraph (d), we propose requirements that ensure 
local flexibility to develop an innovative approach to professional 
development to better meet the needs of their staff. Specifically, we 
allow programs to waive or significantly adapt the coaching strategy 
requirements outlined in paragraphs (b)(4) and (5) of this section. 
However, because high quality professional development is important for 
child outcomes,\252\ we propose that a program that wished to develop 
any variation of the approach outlined in this section work with 
experts from a college, university, or research organization to develop 
and evaluate the effectiveness of their system. We believe this 
proposal provides critical flexibility

[[Page 35489]]

to drive innovation and growth in the field of professional 
development, while also ensuring important safeguards for quality and 
accountability.
---------------------------------------------------------------------------

    \252\ Zaslow, M., Tout, K., Halle, T., Vick, J., & Lavelle, B. 
(2010). Towards the identification of features of effective 
professional development for early childhood educators: A review of 
the literature. Report prepared for the U.S. Department of 
Education.
---------------------------------------------------------------------------

Section 1302.93 Staff Health and Wellness

    In this section, we propose to separate requirements for staff and 
volunteers and to support consolidation of all human resources 
requirements into subpart I. We propose to retain the provision that 
requires programs to make mental health and wellness information 
available to staff. A recent survey of Head Start staffs in one state 
found diagnosed depression was more prevalent among Head Start staff 
than national estimates, and suggested that depressive symptoms are 
even more prevalent.\253\ Research has also demonstrated a link between 
caregiver depression and stress, and poorer quality interactions with 
children.254 255 256 257 Given this research, it is 
important for programs to continue to provide supports for staff to 
understand their own mental health needs and seek support as necessary, 
as required by proposed paragraph (b).
---------------------------------------------------------------------------

    \253\ Whitaker, R.C., Becker, B.D., Herman, A.N., & Gooze, R.A. 
(2013). Peer Reviewed: The Physical and Mental Health of Head Start 
Staff: The Pennsylvania Head Start Staff Wellness Survey, 2012. 
Preventing Chronic Disease, 10.
    \254\ Hamre, B.K., & Pianta, R.C. (2004). Self-reported 
depression in non-familial caregivers: prevalence and associations 
with caregiver behavior in child-care settings. Early Childhood 
Research Quarterly, 19(2), 297-318.
    \255\ Pianta, R., Howes, C., Burchinal, M., Bryant, D., 
Clifford, R., Early, D., & Barbarin, O. (2005). Features of pre-
kindergarten programs, classrooms, and teachers: Do they predict 
observed classroom quality and child-teacher interactions? Applied 
Developmental Science, 9(3), 144-159.
    \256\ Gilliam, W.S., & Golan, S. (2006). Preschool and child 
care expulsion and suspension: Rates and predictors in one state. 
Infants and Young Children, 19(3), 228-245.
    \257\ Brennan, E.M., Bradley, J.R., Allen, M.D., & Perry, D.F. 
(2008). The evidence base for mental health consultation in early 
childhood settings: Research synthesis addressing staff and program 
outcomes. Early Education and Development, 19(6), 982-1022.
---------------------------------------------------------------------------

Section 1302.94 Volunteers

    In this section, we propose to redesignate and slightly revise 
Sec.  1304.52(k)(2) of the current rule related to the utilization of 
volunteers, to support consolidation of all human resources 
requirements into subpart I.

Program Management and Continuous Program Improvement; Subpart J 
(Currently Sec. Sec.  1304.51, 1304.52, and 1304.60)

    This proposed subpart enumerates program requirements for 
management, high quality program operation, and continuous improvement. 
It establishes the roles and responsibilities of the management system 
(Sec.  1304.52(a) of the existing rule) and proposes to expand the 
program planning process in Sec.  1304.51(a), (b), and (d) of the 
existing rule to clarify how each aspect of quality improvement fits 
into a cycle of continuous program improvement. Specifically, we 
propose to describe how programs must establish, monitor progress, and 
reevaluate and revise their goals for continuous program improvement. 
In addition to this broad restructuring, several concepts were applied 
universally to the proposed revisions to the program management and 
continuous program improvement requirements enumerated in this subpart. 
Specifically, we propose to move away from requiring written plans, and 
prescribing how specific requirements should be achieved-leaving more 
flexibility for programs to determine the best way to achieve their 
goals, without reducing expectations about what the programs must 
achieve. These universal themes are reflected throughout the proposed 
revisions in this subpart.
    We propose to revise the provisions to emphasize the role of 
management in ensuring child safety and the provision of high quality 
effective services that are responsive to child and family needs and 
promote school readiness. We propose to replace existing requirements 
for individual ``written plans'' with requirements that programs 
implement continuous program improvement informed by the ongoing 
analysis of data. While many programs may find that developing and 
implementing written plans is necessary, these revised requirements 
emphasize the outcomes rather than the processes selected by programs 
to accomplish those outcomes.
    In this section, we also propose to introduce new requirements for 
the program's use of data within the cycle of continuous improvement to 
establish, monitor, and revise program performance goals. Writ large, 
these proposed revisions reflect the integration of the recommendations 
offered by our Secretary's Advisory Committee on Head Start Research 
and Evaluation.\258\ The Advisory Committee's vision for all Head Start 
programs was that they become `learning organizations' which are 
`systematically and consistently focused on outcomes' and are able to 
use data and research to `develop and continually refine [services] to 
ensure they are systematic, intentional, and intensive enough to 
achieve their goals for children's school readiness and family well-
being'. The revisions proposed in this section are aimed at achieving 
this vision and creating a system that ensures the continuous 
improvement of all Head Start services, and thereby the outcomes of the 
vulnerable children and families that Head Start programs serve.
---------------------------------------------------------------------------

    \258\ Advisory Committee on Head Start Research and Evaluation: 
Final Report. (2012).
---------------------------------------------------------------------------

Section 1302.100 In General

    This section succinctly describes the requirements contained 
herein, specifically that programs must implement program management 
and an ongoing monitoring and self-improvement process that ensures 
child safety, enables the provision of high quality services, and 
ensures continuous program improvement.

Section 1302.101 Management System

    In this section, we propose removing the enumeration of individual 
management responsibilities (Sec.  1304.52(a)). Rather, similar to 
Sec.  1304.5252(a) in the existing rule, we propose requiring programs 
to ensure their management and delineated responsibilities within 
management are governed by a system that enables the delivery of the 
high quality services described throughout the NPRM. We also propose to 
incorporate Sec.  1304.51(a) into our description of the implementation 
of the management system by requiring regular and ongoing staff 
supervision to support continuous program improvement.
    In this section, we also propose to require programs establish 
coordinated approaches to ensure professional development, services for 
dual language learners, and services for children with disabilities are 
fully integrated and supported throughout all aspects of the program. 
We propose to require a coordinated approach to professional 
development, because the strengthened requirements proposed in Sec.  
1302.92 of this NPRM, necessitate adequate program planning to ensure 
alignment of program performance goals and the content and strategies 
applied to fulfill those requirements. Supporting the school readiness 
of dual language learners also necessitates an informed and coordinated 
approach.259 260 261 Young children who

[[Page 35490]]

are dual language learners are highly diverse \262\ and as such, 
programs serving dual language children must be intentional and 
coordinate what research tells us about dual language development with 
program policies and practices.263 264 For example, 
successful assessment of children requires understanding processes of 
dual language development, the selection of valid and reliable 
instruments, as well as communicating with families in order to 
understand a child's experiences with two languages. Programs must hire 
and train staff to work with children and families in ways that support 
their school readiness. Given that nearly one-third of all children 
served in Head Start in 2013 spoke a language other than English in the 
home,\265\ it is critically important that programs plan for and apply 
a coordinated approach across all elements of service provision to 
ensure high quality services for these children and their families.
---------------------------------------------------------------------------

    \259\ Hakuta, K. (1986). Mirror of language: The debate on 
bilingualism. New York: Basic Books.
    \260\ Winsler, A., D[iacute]az, R.M., Espinosa, L., & 
Rodr[iacute]guez, J. (1999). When Learning a Second Language Does 
Not Mean Losing the First: Bilingual Language Development in Low-
Income, Spanish-Speaking Children Attending Bilingual Preschool. 
Child Development, 70(2), 349-262.
    \261\ Bialystok, E. (2001). Bilingualism in Development: 
Language, Literacy, & Cognition. Cambridge: Cambridge University 
Press.
    \262\ Genesee, F., Paradis, J., & Crago, M.B. (2004). Dual 
language development and disorders: A handbook on bilingualism and 
second language learning. Baltimore: Paul H. Brookes.
    \263\ Castro, D.C. & Espinosa, L.M. (2014). Developmental 
characteristics of young dual language learners: Implications of 
policy and practice in infant and toddler care. Zero To Three, 
January, 2014.
    \264\ Espinosa, L. (2010). Getting it right for young children 
from diverse backgrounds: Applying research to improve practice. 
Upper Saddle River, NJ: Pearson.
    \265\ Head Start 2014 Program Information Report. http://eclkc.ohs.acf.hhs.gov/hslc/data/pir.
---------------------------------------------------------------------------

    Similarly, we propose to require a coordinated approach to 
effectively serving children with disabilities and their families 
because doing so effectively requires coordinated forethought, 
planning, and intentionality with as well as entities outside of the 
program. In addition, ensuring programs have appropriate facilities, 
program materials, curriculum, instruction, staffing, supervision, and 
partnerships to effectively serve this population can only be 
adequately accomplished through a coordinated approach to program 
management.
    Finally, the Administration for Children and Families believes that 
greater integration of Head Start data into broader State longitudinal 
data systems is critical to helping states, Head Start grantees, and 
school districts make informed policy decisions and improve program 
instruction. As a key step to this effort, we propose a coordinated 
approach to ensuring effective data systems and data governance. 
Specifically, programs would be required to approach data system 
management and data governance in a thoughtful and intentional way that 
supports the overall management of Head Start data, including the 
availability, usability, integrity, and security of data. Data 
governance is both an organizational process and a structure. Data 
governance should include a data governance body or council with clear 
roles and responsibilities assigned to the group and to individual 
members with ongoing feedback and communication from the agencies' 
overall governing body and policy council; a framework for decision-
making and/or procedures about data management including how data 
quality will be monitored; how data will be shared while protecting 
privacy and confidentiality; a plan to execute those procedures; and an 
accountability structure for meeting these requirements. These 
procedures and structure are considered best practice in supporting 
communication and collaboration among data systems and protecting 
privacy while reducing staff burden and improving data quality. In 
developing these procedures, Head Start grantees should work with the 
Head Start State Collaboration Office and/or the state's Early 
Childhood Advisory Council (HSSCO/ECAC), the State Educational Agency 
(SEA), and other state coordinating bodies to allow for better 
integration of Head Start data within State early childhood data 
systems and sources and K-12 state longitudinal data systems, as 
appropriate. Finally, grantees should align their data collection and 
definitions with the Common Education Data Standards.
    We recognize that in trying to meet statutory or Federal reporting 
requirements, Head Start providers may use different data definitions 
than the States' K-12 data system or other early education data systems 
that could make integration more difficult. We invite public comment 
specifically on potential areas where Head Start data may not be 
aligned with other systems, and how to better align Head Start data 
collection and definitions to facilitate data sharing.

Section 1302.102 Achieving Program Performance Goals

    In this section, we propose to reorganize sections in the existing 
rule (Sec.  1304.51(a), (b), and (d)) which describe goal setting with 
respect to quality improvement to provide clarity and align with the 
Designation Renewal System. We believe this reorganization better 
conveys the importance of establishing goals for effective health and 
safety practices, all elements of high quality service provision, and 
continuous quality improvement for all programs, not just those with 
identified quality issues or deficiencies. We also propose to require 
that programs establish program performance goals for school readiness 
that are aligned with the Head Start Early Learning Outcomes Framework, 
state or tribal early learning standards as appropriate, and program 
performance goals for the provision of education, health, nutrition, 
and family and community engagement services.
    In addition, we propose to expand the entire program planning 
process to clarify how each aspect of quality improvement fits into a 
continuous cycle and how programs must use each aspect for planning, 
goal setting, and re-evaluating their goals. We believe this is 
integral to improving the quality of service delivery. We also propose 
to expand upon the current requirement for programs to establish 
program performance goals, including school readiness goals and goals 
for effective provision of comprehensive services, and monitor their 
short- and long-term progress towards achieving these goals. However, 
we propose to no longer require written plans as described in Sec.  
1304.60 (c) through (f) of the existing rule. While we do propose to 
require quality improvement plans in the face of deficiencies, or other 
issues as prescribed by section 641(A) of the Act, we also propose to 
require all programs establish goals and monitor their progress towards 
those goals as well as their compliance with the performance standards. 
We also propose to require programs to implement strategies for 
achieving their goals and ensuring compliance and revise those 
strategies over time to reflect their progress and shifting priorities.
    In paragraph (c) of this section, we propose to introduce new 
requirements for the program's use of data within the cycle of 
continuous improvement to establish, monitor, and revise program 
performance goals. Incorporating requirements that reflect the process 
already established under part 1307, including that data must be 
aggregated and analyzed at least three times per year, in the existing 
rule clarifies the need for all programs to collect, aggregate, and 
analyze data to achieve program performance goals and consistently work 
to improve quality. This new emphasis on the use of data for the 
purposes of program management and ongoing improvement is intended to 
support improved efficiency and effective operations. Using data in 
this way will allow programs to develop individualized

[[Page 35491]]

responses and manage their resources more efficiently.\266\
---------------------------------------------------------------------------

    \266\ Landry, S. H., Anthony, J. L., Swank, P. R., & Monseque-
Bailey, P. (2009). Effectiveness of comprehensive professional 
development for teachers of at-risk preschoolers. Journal of 
Educational Psychology, 101(2), 448.
---------------------------------------------------------------------------

    While the concept of written plans (Sec.  1304.60(c) through (f)) 
was generally removed to allow programs to focus more on implementing 
improvements than plans, paragraph (d) of the proposed rule does retain 
reporting requirements and quality improvement plans for programs when 
certain deficiencies or other problems arise to ensure needed 
accountability. We also propose to redesignate and revise concepts from 
Sec.  1304.52(a)(1)(ii) and (iii) of the existing rule in this section 
to require that any deficiencies in quality or compliance be reported 
and corrected and that procedures be put in place to prevent 
recurrence, and we strengthen this provision to include the reporting 
and immediate correction of any health and safety incidents. 
Additionally, this proposed section clearly delineates the expected 
content of both program annual self-assessments and public reports to 
include program community needs assessments. Collectively, these 
proposed requirements reflect the goal of achieving quality 
improvement, but hold programs accountable for improving rather than 
simply planning.

Section 1302.103 Implementation of Program Performance Standards

    In this section, we propose a requirement that programs develop a 
program-wide approach for preparing for and implementing the extensive 
changes to the program performance standards proposed throughout this 
NPRM. Specifically, we propose to require current grantees implement an 
approach that ensures the timely and effective implementation of the 
changes. Each program's approach must include at a minimum, the 
purchase of and training on any curriculum, assessment, or other 
materials, assessment of professional development needs and staffing 
patterns, the development of coordinated management approaches, the 
development of appropriate protections for the privacy of child 
records, and provision of transition services, as needed, for children 
leaving Early Head Start or Head Start at the end of the program year 
as a result of any slot reductions. The effective date for the majority 
of the proposed changes in this NPRM has been set for one full program 
year following the publication of this NPRM. Therefore, programs must 
ensure that children currently being served are not displaced from the 
program during a program year. Finally, programs may petition the 
responsible HHS official for a one year extension in meeting the 
criteria described in Sec. Sec.  1302.21 through 1302.23 if such an 
extension is necessary to ensure no currently enrolled children are 
displaced. These proposed requirements will ensure faithful and timely 
implementation of the performance standards, without unnecessary 
enrollment disruptions, and that every program is poised for successful 
quality improvement.

Financial and Administrative Requirements; Part 1303 (Currently 
Sec. Sec.  1301, 1303, 1309, and 1310)

    This part lays out the financial and administrative requirements 
for agencies currently included in Sec. Sec.  1301, 1303, 1309 and 
1310.

Sec.  1303.1 Overview

    In this section we summarize the subparts that comprise part 1303 
and reference the statutory requirements that serve as the basis for 
these regulations. Subpart A outlines the financial requirements 
consistent with sections 640(b) and 644(b) and (c) of the Act. Subpart 
B specifies the administrative requirements consistent with sections 
644(a)(1), 644(e), 653, 654, 655, 656, and 657A of the Act. Subpart C 
implements the statutory provision at section 641A(b)(4) of the Act 
that directs the Secretary to ensure the confidentiality of any 
personally identifiable data, information, and records collected or 
maintained. Subpart D prescribes regulations for the operation of 
delegate agencies consistent with section 641(A)(d) of the Act. Subpart 
E implements the statutory requirements in section 644(c), (f), and (g) 
of the Act related to facilities. Subpart F prescribes regulations on 
transportation consistent with section 640(i) of the Act.

Financial Requirements; Subpart A

    In this subpart, we propose to reorganize, revise, and streamline 
the financial requirements currently in part 1301, subparts A, B, C, 
and D. We also propose to move provisions or sections, such as 
personnel policies, that fit more logically in other sections of our 
proposed structure. We also remove provisions currently in part 1301; 
for example, we propose to eliminate specific Head Start regulations, 
such as audit requirements, when there are related government-wide 
regulations for all federal grants. The purpose of these changes is to 
organize the requirements in a more logical order, conform to recent 
changes in regulations that govern all federal grants, and reduce the 
administrative burden on agencies.
    To summarize the reorganization, we propose to move the existing 
requirement in Sec.  1301.32 on development and administrative cost 
limitations to the proposed subpart A where we have the requirements on 
federal financial assistance and non-federal share match because all of 
these provisions pertain to financial requirements on agencies. We 
propose to move the requirement in the existing Sec.  1301.11 related 
to insurance and bonding to the proposed subpart B, Administrative 
Requirements. We move the content of Sec.  1301.31 on personnel 
policies to the proposed part 1302 subpart I, where we consolidate 
requirements pertaining to Human Resource Management. We also propose 
to move grantee appeals addressed in the current Sec.  1301.34 to the 
proposed part 1304 on Federal Administrative Procedures.
    Lastly, the most significant change to this subpart is that we 
propose to remove the existing requirements on the annual audit and the 
accounting system certification in Sec.  1301.12 and Sec.  1301.13 
respectively for two reasons. First, we propose to remove Sec.  1301.12 
to conform to the Uniform Administrative Requirements, Cost Principles 
and Audit Requirements for Federal Awards, which requires a Single 
Audit for all programs receiving more than $750,000. This new 
requirement supersedes the requirement in the existing Sec.  1301.12 
that all Head Start grantees have an annual audit. The result of this 
change is that a very small number of Head Start programs will not be 
required to have an audit. Second, we propose to remove the accounting 
system certifications in current Sec.  1301.13 because it is not 
something an independent auditor can reasonably do under their 
professional standards. In fact, this provision has not been enforced 
since 2012 because of this conflict so this change codifies what is 
done in practice.
    In this subpart, we propose to include the current list of 
applicable regulations for all grants made under the Act; the 
requirements related to federal financial assistance, the non-federal 
share match, and waivers; and the limitations on development and 
administrative costs. We discuss key issues with each section according 
to the structure we propose.

Section 1303.2 In General

    We propose to make minor changes to the existing Sec.  1301.1 for 
purposes of updating and streamlining the language.

[[Page 35492]]

Section 1303.3 Other Requirements

    In this section, we propose to update the list of relevant 
regulations that apply to all grants made under the Act. We propose to 
remove 45 CFR part 74 and part 92 from the list since the Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards now supersedes it. Since 45 CFR part 74 is 
superseded, we have removed current Sec.  1301.10(b)(1) and (2), which 
reference this provision.
    We propose to add five regulations to the current list of federal 
regulations applicable to all grant awards. The five we propose to add 
are not new requirements and are already included in the Terms and 
Conditions on grantees' Notice of Award, but we add them to update this 
list and be transparent.
    (1) 2 CFR part 170: FFATA Sub-award and Executive Compensation: 
Head Start awards are subject to the Federal Financial Accountability 
and Transparency Act sub-award and executive compensation reporting 
requirements (FFATA).
    (2) 2 CFR 25.110: CCR/DUNS requirement: The Dun and Bradstreet Data 
Universal Numbering System (DUNS) number is a required universal 
identifier for applicants, recipients and direct sub-recipients of 
federal financial assistance. The Central Contractor Registration (CCR) 
is the repository for standard information about applicants and 
recipients.
    (3) 45 CFR part 30: HHS Standards and Procedures for Claims 
Collection apply should ACF have to pursue the collection of debt from 
an existing or former grantee.
    (4) 45 CFR part 87: Equal Treatment for Faith Based Organizations, 
which requires that Faith Based Organizations are permitted to receive 
funding without discrimination and prohibits them from engaging in 
``inherently religious activities'' as part of the program or services 
HHS funds.
    (5) 45 CFR part 75: Uniform Administrative Requirements, Cost 
Principles and Audit Requirements for Federal Awards, effective 
December 26, 2013, consolidates a number of other regulations into one 
comprehensive guide for administering grants.

Section 1303.4 Federal Financial Assistance, Matching and Waiver 
Requirements

    In this section, we propose to combine and streamline requirements 
currently included in Sec. Sec.  1301.20 and 1301.21. This approach 
consolidates the financial assistance, non-federal share match, and 
waiver requirements into one section. We are not proposing any policy 
changes but rather clarifying, while still conforming to the Act, and 
removing outdated requirements. Specifically, we propose to clarify 
that the non-federal share match is 20 percent for each budget period 
of the five-year project period. We reference the Act for the list of 
circumstances the Secretary can consider when approving a waiver of 
non-federal share match, rather than using the more narrow approach in 
the existing regulation. We remove requirements at Sec. Sec.  
1301.20(a)(2) and (3), 1301.20(b), and 1301.20(c) related to federal 
financial assistance because they are outdated or unnecessary because 
the requirement is specified in the Act.

Section 1303.5 Limitations on Development and Administrative Costs

    This section addresses the limitations on development and 
administrative costs currently in Sec.  1301.32. As noted, we propose 
to move the existing requirement to the proposed subpart A where we 
have the requirements on federal financial assistance and non-federal 
share match because all of these provisions pertain to financial 
requirements on agencies. In accordance with section 644(b) of the Act, 
we retain the current requirement that agencies must not exceed the 15 
percent administrative cap on development and administration, unless 
the responsible HHS official grants a waiver.
    Under section 644(b) of the Act, the Secretary shall establish 
criteria for determining (1) the costs of developing and administering 
a program and (2) the total costs of such a program. Under this 
authority, we propose a much more simplified and streamlined approach 
that requires grantees to categorize, identify, and allocate costs for 
determining whether they meet the 15 percent administrative cap. In 
contrast to current Sec.  1301.32(b) through (f), which weaves together 
compliance requirements, definitions, and explanations, our proposed 
approach lays out a clear and concise process for agencies to analyze 
which of their costs relate to development and administration. 
Specifically, grantees must: (1) Determine the costs of developing and 
administering their programs, (2) categorize costs as development and 
administrative versus program costs, (3) identify and allocate the 
portion of dual benefit costs that are for development and 
administration; (4) identify and allocate the portion of indirect costs 
that are for development and administration versus program costs, and 
(5) delineate all development and administrative costs in the grant 
application and calculate the percentage of total approved costs 
allocated to development and administration. We propose definitions of 
development and administrative costs, program costs, and dual benefit 
costs consolidated in part 1305, to assist grantees in that process.
    In paragraph (b), we propose to implement section 644(b) of the Act 
and to simplify the requirements in the existing Sec.  1301.32(g) 
pertaining to waivers of the 15 percent administrative cap. We propose 
to combine the circumstances under which a waiver will be considered 
into more broadly-stated conditions. We also add language that the 
responsible HHS official may grant a waiver if an agency is unable to 
administer the program within the 15 percent administrative cap.

Administrative Requirements; Subpart B

    In this subpart, we propose to include the general requirement in 
the existing Sec.  1301.30 related to agency conduct; the limitations 
and prohibitions to which agencies must adhere; and the requirements 
for insurance and bonding.

Section 1303.10 In General

    We propose to revise and redesignate the language in the existing 
Sec.  1301.30 with minor changes to better conform to Section 644(a)(1) 
of the Act.

Section 1303.11 Limitations and Prohibitions

    For purposes of clarity and in response to questions from the 
field, we propose to reference a number of sections in the Act that 
place limitations or prohibitions on agencies. These are not new 
prohibitions because they are included in the Act, but we propose a 
section that references all of them in one single place. These include 
prohibitions on using Head Start funds to assist, promote or deter 
union organization (section 644(e) of the Act); compensating employees 
in excess of the rate payable for level II of the Executive Schedule 
(section 653 of the Act); using Head Start funds to pay the contracted 
costs of construction in excess of $2,000 where Davis-Bacon Act 
compliance is not required by the terms of the contract (section 
644(g)(3) of the Act) discriminating on the basis of race, creed, 
color, national origin, sex, political affiliation, beliefs, or 
disability (section 654 of the Act); conducting unlawful 
demonstrations, riots or civil disturbances (section 655 of the Act); 
engaging in political activity or voter registration activities 
(section 656 of the Act); and administering nonemergency intrusive 
physical examinations of a

[[Page 35493]]

child without parental consent (section 657A of the Act).

Section 1303.12 Insurance and Bonding

    We propose to take a different approach to the requirement on 
insurance and bonding than the existing requirement at Sec.  1301.11. 
We propose to remove specific requirements for student accident 
insurance, liability insurance for accidents on agencies' premises, and 
liability insurance for transportation--which actually represent an 
incomplete list of major risk areas--and instead require grantee to 
maintain a documented process to ensure identification of risks and 
provide proof of appropriate coverage in their application. Requiring 
grantees to assess their own risks and determine appropriate cost-
effective coverage is a less prescriptive approach than the current 
regulation.
    We also propose requiring agencies, as part of the process of 
identifying risks, to consider the risk of losses resulting from 
fraudulent acts by individuals authorized to disburse Head Start funds 
and to maintain adequate fidelity bond coverage if they have 
insufficient coverage to protect the federal government's interest. In 
2 CFR 200.304 of the Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements, federal awarding agencies can 
include a provision on bonding in specific circumstances, and one such 
circumstance is when the non-federal entity lacks sufficient insurance 
to protect the federal government's interest. We are invoking the 
authority provided in 2 CFR 200.304 to require agencies to maintain 
adequate fidelity bond coverage in this circumstance.

Protections for the Privacy of Child Records; Subpart C

    In this subpart, we propose new performance standards designed to 
protect the privacy of children and families Head Start programs serve. 
Families entrust Head Start programs with their personal information 
and expect programs will use the information to serve their needs 
effectively and efficiently. Section 641A(b)(4) of the Act requires the 
Secretary to promulgate regulations that provide policies, protections, 
and rights equivalent to those in section 444 of the General Education 
Provisions Act,\267\ also known as the Family Educational Rights and 
Privacy Act or FERPA, in order to, ensure the confidentiality of any 
personally identifiable data, information and records collected or 
maintained by any program. FERPA applies to an educational agency or 
institution that receives funds under a program administered by the 
U.S. Department of Education. This includes virtually all public 
schools and school districts and most private and public postsecondary 
institutions, including medical and other professional schools.\268\
---------------------------------------------------------------------------

    \267\ See 20 U.S.C. 1232(g).
    \268\ See 34 CFR 99.1(d).
---------------------------------------------------------------------------

    FERPA requires written consent from parents in order to disclose 
personally identifiable information (PII) from education records, 
unless the disclosure meets an exception to FERPA's general consent 
requirements. FERPA recognizes that the benefits of using student data 
must always be balanced with the need to protect student privacy. 
Educational agencies and institutions must implement FERPA in a way 
that protects the privacy of education records while allowing for the 
effective use of data.
    FERPA gives parents certain rights with respect to their children's 
education records. For example, parents have the right to inspect and 
review their child's education records. Parents also have the right to 
request that a school correct records which they believe to be 
inaccurate or misleading. If the school decides not to amend the 
record, the parent then has the right to a formal hearing. If, after 
the hearing, the school still decides not to amend the record, the 
parent has the right to place a statement with the record setting forth 
his or her view about the contested information. In addition to giving 
parents certain rights, FERPA requires educational institutions and 
agencies to notify parents of students currently in attendance, of 
their rights annually.
    FERPA defines education records as those records that are: (1) 
Directly related to a student; and (2) maintained by an educational 
agency or institution, or by a party acting for the agency or 
institution. Immunization and other health records, as well as records 
on services and accommodations provided to a student that are directly 
related to a student under 18 and maintained by an elementary or 
secondary school, are classified as education records under FERPA. 
Schools often have legitimate educational reasons to authorize third-
parties to access these education records, for purposes such as 
communicating with parents, improving the effectiveness of education 
programs, to identify gaps in student services, and reasons as simple 
as providing secure data storage.\269\ In addition to FERPA, Parts C 
and B of the IDEA include specific confidentiality provisions 
applicable to the personally identifiable information in early 
intervention and education records of infants, toddlers, and children 
with disabilities.
---------------------------------------------------------------------------

    \269\ See http://ptac.ed.gov/sites/default/files/LEA%20Transparency%20Best%20Practices%20final.pdf.
---------------------------------------------------------------------------

    We broadly address privacy and confidentiality in our current 
performance standards. In Sec. Sec.  1304.51(g) and 1304.52(1)(i), we 
require programs to establish record-keeping systems that keep 
information confidential and we require programs to ensure staff follow 
confidentiality policies. However, we do not provide programs with 
conditions to permit the disclosure of PII in their education records 
to balance privacy and effective use of data. In this NPRM, we propose 
standards that provide parents with certain rights with respect to 
their child's education records and programs with permissions to 
disclose personally identifiable information in the absence of written 
consent from parents equivalent to those in FERPA that are appropriate 
for Head Start programs. However, instead of using the term ``education 
records'' as defined by FERPA, we use the term ``child records'' to 
reflect the population we serve. Additionally, unlike FERPA, we do not 
include a commonly used provision to disclose directory information 
without parental consent and programs must provide parental notice and 
opportunity to refuse when disclosing PII to officials at a school in 
which a child intends to enroll. If a Head Start program is governed by 
FERPA and/or IDEA, programs must comply with those provisions in 
addition to the Head Start proposed regulations and those provisions 
take precedence over the Head Start provisions when they differ.
    We note that under the Privacy Rule under the Health Insurance 
Portability and Accountability Act and the statutory and regulatory 
provisions under FERPA, there are Federal complaint procedures for 
consumers and parents to seek to enforce the confidentiality 
requirements of those laws. Additionally, under the IDEA, States must 
establish State complaint procedures under which parents may enforce 
specific provisions including the IDEA confidentiality provisions. 
While we considered proposing such procedures, it was unclear whether 
they would be necessary or reasonable within the structure of Head 
Start. The Office of Head Start currently has in place a monitoring 
system that is aligned with a comprehensive five year

[[Page 35494]]

continuous oversight plan that includes a review of complaints, parent 
interviews and on-site reviews. The Office of Head Start also has a 
system in place for handling parent complaints, which is currently 
undergoing improvements to streamline the process of resolving 
complaints. Additionally, we provide the parent with other rights in 
other sections of the Head Start standards. Although existing 
enforcement mechanisms have been sufficient to for existing provisions, 
we expressly invite comment on whether additional enforcement 
procedures need to be codified in our provisions for the new 
requirements regarding maintaining the privacy of children and families 
in Early Head Start and Head Start programs under this section.

Section 1303.20 In General

    Our approach in this section is different from our approach in the 
existing rule. Currently, we require programs to focus on record 
keeping and privacy without providing additional provisions to describe 
how to balance privacy and disclosure. In this section, we set the 
stage for programs to ensure the protection of the confidentiality of 
any personally identifiable information in child records consistent 
with the expanded section on parental consent, parent rights, and 
recordkeeping. Specifically, we propose to require programs to 
establish procedures that protect the privacy of child records and that 
allow appropriate disclosure of personally identifiable information 
from child records for valid educational purposes while ensuring that 
there are policies, protections, and rights, equivalent to those 
provided to a parent, student, or educational agency or institution 
under section 444 of the General Education Provisions Act (20 U.S.C. 
1232g).

Section 1303.21 Program Procedures--Applicable Confidentiality 
Provisions

    In this section, we propose provisions for programs where FERPA 
and/or IDEA apply. If FERPA and/or IDEA apply, we propose to require 
programs comply with those provisions in addition to the Head Start 
requirements described in this section. Further, we propose a 
requirement that FERPA and/or IDEA provisions take precedence over the 
Head Start proposed regulations for the specific programs or children 
to which they apply. In addition to the IDEA, FERPA, and Head Start 
regulations, state privacy laws may apply if they afford parents 
additional privacy protections.\270\
---------------------------------------------------------------------------

    \270\ See https://www2.ed.gov/policy/gen/guid/ptac/pdf/idea-ferpa.pdf.
---------------------------------------------------------------------------

Section 1303.22 Disclosures With, and Without, Parental Consent

    In this section, we propose minimum provisions programs must 
include in the protection of the privacy of child records and data 
sharing procedures. In paragraph (e), we propose programs notify 
parents of their rights under this subpart annually. In paragraph (a), 
we also propose programs obtain parents' written consent before they 
disclose personally identifiable information from child records, 
subject to the exceptions contained in paragraph (b) and (c).
    In paragraph (b) and (c), we propose eight exceptions to permit 
programs to disclose PII from child records to third parties in the 
absence of written consent if conditions are met. Briefly described, 
these exceptions are to: (1) Officials in a program, school, or school 
district where the child seeks or intends to enroll or where the child 
is already enrolled so long as the disclosure is related to purposes 
related to the child's enrollment or transfer, if the parent is 
notified and given an opportunity to refuse; (2) officials within the 
program or acting for the program, if the program determines the 
official has legitimate educational interests and informs parents of 
the provision at enrollment; (3) authorized representatives of local, 
state or federal entities in connection with an audit or evaluation of 
a Federally or State-supported education, including early childhood, 
program (e.g. the Head Start program, Race to the Top-Early Learning 
Challenge program, a state preschool program funded under preschool 
development grants), or for enforcement or compliance with the federal 
legal requirements of the program so long as the official agrees in 
writing to protect PII; (4) organizations that conduct research to 
improve child and family outcomes, including improving the quality of 
programs, for, or on behalf of the program so long as the organization 
agrees in writing to protect PII; (5) appropriate parties in order to 
address a disaster or other health or safety emergency, which is 
limited to the period of the emergency; (6) comply with a judicial 
order or lawfully issued subpoena, provided the program makes a 
reasonable effort to notify the parent in advance of the compliance 
therewith unless the court has ordered that neither the subpoena nor 
its contents be disclosed or if the parent is a party involved in the 
court proceeding involving child abuse and neglect or dependency 
matters; (7) the Secretary of Agriculture or an authorized 
representative from the Food and Nutrition Services to conduct program 
monitoring or evaluation for the Child and Adult Care Food program; and 
(8) a caseworker or other representative from a state, local, or tribal 
child welfare agency, who has the right to access a child's case plan 
so long as the representative agrees in writing to protect PII.
    Notably, a provision is not included to permit the disclosure of 
designated ``directory information.'' Although directory information is 
generally considered not harmful or an invasion of privacy under FERPA, 
we are concerned that there could be disclosures of directory 
information that would be considered harmful or an invasion of privacy 
to the sensitive populations we serve. Consistent with section 1303.21, 
Head Start programs governed by FERPA would be able to exercise the 
right to disclose appropriately designated ``directory information'' 
without consent. We invite comment on the exclusion of the right to 
disclose appropriately designated directory information without 
parental consent for Head Start programs not governed by FERPA.
    In paragraph (d), we propose procedures for written agreements if a 
program establishes a written agreement with a third party identified 
in paragraph (c). This requirement only applies if a written agreement 
is made with a third party. For example, in the case of an emergency, a 
written agreement does not need to exist with the third party.
    In paragraph (e), we propose annual notice requirements that notify 
parents of their rights described in Sec.  1303.20 through 1303.24, and 
applicable definitions in 1305. A description of PII that may be 
disclosed without parental consent must be included in the annual 
notice. We invite comment on the burden of the annual notice.

Section 1303.23 Parents' Rights

    In this section, we focus on parents' rights. We recognize that 
parents have a general right to control the disclosure of their 
children's records, and in that vein, in paragraph (a), we propose that 
programs give parents the right to inspect information contained in 
their child's records. This right to confirm information aligns with 
FERPA and, in paragraph (b), would allow parents to ask programs to 
amend inaccurate information that the parents believe is inaccurate, 
misleading, or violates the child's privacy and, if necessary, to 
challenge information at a hearing

[[Page 35495]]

which will be scheduled within a reasonable timeframe under paragraph 
(c). If parents are still not satisfied with information in their 
child's records, we propose to require programs to allow parents to 
place a statement in their child's record that explains why they 
disagree with the information. We propose to require that programs 
maintain these statements with children's records for as long as 
programs maintain the child's records. In paragraph (d), a parent has 
the right to a copy of an initial record, free of charge, of child 
records disclosed with parental consent and, upon request, an initial 
copy of child records disclosed to third parties under one of the 
exceptions to parental consent. In paragraph (e), a parent has the 
right to review any written agreements with third parties as provided 
under section 1303.22 (d).

Section 1303.24 Maintaining Records

    We propose recordkeeping requirements in this section. We propose 
programs maintain, with each child's record, a list of all individuals, 
agencies, or organizations that have requested or obtained access to 
PII from child records. The list must indicate the expressed interests 
that each person, agency, or organization had to obtain this 
information. Recordkeeping of disclosures to program officials or 
parents are not required since it would be too burdensome for Head 
Start programs. We also propose to require programs ensure that only 
parents, officials, and appropriate staff have access to records.

Delegation of Program Operations; Subpart D

    We propose to establish a new subpart that consolidates current 
requirements for the delegation of program operations into one section 
and revises or removes existing requirements to conform to the Act. 
Section 641A(d) of the Act requires agencies to establish procedures 
relating to its delegate agencies and provides further specifics 
related to evaluation, corrective actions, and terminations. Our 
proposed subpart D aligns with the Act and is organized into four 
sections.

Section 1303.30 In General

    In this section, we lay out the clear expectation that a grantee is 
accountable for the provision of quality services in their delegate 
agencies. The grantee retains legal authority and financial 
accountability for the program when services are provided by delegate 
agencies. It is the responsibility of the grantee to support and 
oversee delegate agencies and ensure they provide high quality services 
to children and families and meet all applicable regulations. A grantee 
may not terminate without showing cause and must establish a process 
for delegate agencies to appeal, which is discussed in more detail in 
Sec.  1303.33.

Section 1303.31 Determining and Establishing Delegate Agencies

    We propose to add a new requirement in paragraph (a) of this 
section. We require an agency that enters into an agreement with 
another entity to serve children to determine if the agreement meets 
the definition of ``delegate agency'' in section 637(3) of the Act. The 
rationale for this added requirement is to provide an important 
clarification. If an entity meets the definition of delegate in the 
Act, it is a delegate, regardless of what a grantee calls the entity to 
which it has delegated all or part of the responsibility for operating 
the program. In paragraph (b) we propose to streamline and move the 
current requirement in Sec.  1301.33. It states that federal financial 
assistance is not available for program operations that a grantee 
delegates unless there is a written agreement the responsible HHS 
official has approved.

Section 1303.32 Evaluation and Corrective Action for Delegate Agencies

    In this section, we include the requirements in section 641A(d) of 
the Act with respect to the evaluation of delegate agencies and 
corrective actions in the event of a deficiency.

Section 1303.33 Termination of Delegate Agencies

    We propose to clarify in this section that an agency can terminate 
a delegate agency on the basis of cost-effectiveness or showing cause. 
An agency cannot terminate a delegate agency without showing cause, and 
the decision to terminate cannot be arbitrary or capricious. To align 
with section 641A(d)(1)(C) of the Act, we require grantees to establish 
procedures for defunding a delegate agency, and for a delegate agency 
to appeal a defunding decision and ensure the process is fair and 
timely.
    We propose to remove the appeal procedures for delegate agencies 
currently in part 1303 subpart C for several reasons. First, in both 
the Designation Renewal System and this proposed subsection, we make 
clear our expectation that the grantee is accountable for the services 
their delegate agencies provide to children and families. However, we 
believe grantees must have the necessary tools at their disposal to 
remove delegate agencies in order to meet that expectation and be held 
accountable. We think the current system inappropriately ties the hands 
of grantees and has become overly bureaucratic. Second, we think timely 
action to resolve issues with delegates is critical, and the 
Designation Renewal System and the reality of five-year grants require 
a swifter pace to resolution. We do require grantees to inform the 
responsible HHS official of the appeal and the decision.

Facilities; Subpart E (Currently Part 1309)

    In this subpart, we propose to prescribe what a grantee must do to 
show it is eligible to purchase, construct and renovate facilities as 
outlined at section 644(c), (f) and (g) of the Act. We arrange the 
application process chronologically to make it clear for grantees and 
we propose requirements for grantees that protect federal interest in 
facilities purchased, constructed or renovated with grant funds.
    This subpart differs from part 1309 in three key ways. First, it 
clarifies what is required in an application to use Head Start funds 
for purchase, construction or major renovation of facilities and 
organizes these elements in a logical, sequential and transparent way. 
We believe our proposed application process makes it easier for 
grantees to use and better aligns with existing grants analysis 
procedures. Second, it clearly states and logically organizes all 
relevant information and requirements for protecting the federal 
interest under a broad variety of circumstances, recognizing that 
grantees have evolved to increasingly complex facilities funding and 
development activities. Third, it removes requirements that are not 
Head Start-specific but rather are overarching requirements for 
managing federal grants and aligns all remaining provisions with the 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards.
    We also propose to define federal interest in part 1305. The 
purpose of the definition is to clarify the term, describe the funding 
agency rights created by a federal interest in accordance with existing 
Departmental Appeals Board and judicial decisions, and note that funds 
spent on facilities are subject to the non-federal share match. The 
federal government has an interest in all real property and equipment 
grantees purchase with grant funds. Additionally, part 1309 currently 
has explanations and information related to federal interest woven 
throughout different sections. Grantees have

[[Page 35496]]

reported difficulty understanding these provisions. We propose a 
detailed definition of federal interest to clarify the concept and 
consolidate the explanation in one place. We discuss major issues we 
propose in each section below.

Section 1303.40 In General

    In this proposed section, we clarify that this subpart applies to 
major renovations. We explain that these provisions apply only to minor 
renovations and repairs when they are included in a purchase and are 
part of the purchase costs.

Section 1303.41 Approval of Previously Purchased Facilities

    The current regulation does not have language on refinancing. But 
as interest rates have fallen, grantees have asked us for permission to 
apply for more advantageous loan terms. In this section, we implement 
section 644(f) of the Act and we propose to expand on current Sec.  
1309.2 and allow grantees that have purchased facilities beginning in 
1987 and that continue to pay purchase costs or seek to refinance 
indebtedness to apply for funds to meet costs associated with 
refinancing. We have also received questions from the field about 
whether interest is part of purchase costs. We propose to clarify that 
a purchase includes both principle and interest payments in accordance 
with section 644(g)(2) of the Act.

Section 1303.42 Eligibility To Purchase, Construct, and Renovate 
Facilities.

    Current Sec.  1309 has separate sections that prescribe what 
grantees must show to be eligible to construct or renovate a facility. 
However, part 1309 does not address what a grantee must show to 
purchase a facility. In this section, we propose to consolidate these 
requirements, including purchases, into a single uniform set of 
eligibility criteria we believe would be easier for grantees to 
understand and for federal staff to evaluate. We also modify one 
eligibility criterion to clarify that grantees applying for funds to 
purchase, construct or renovate a facility must establish that the 
facility will be available to Indian tribes, rural or other low-income 
communities, which is less restrictive than current Sec.  1309 but more 
aligned with the Act.

Section 1303.43 Use of Grant Funds To Pay Fees

    In this section, we revise and redesignate current Sec.  1309.43 
and propose to clarify the type and extent of pre-project costs, such 
as project feasibility studies and professional fees, we may approve 
before a grantee applies for funding to purchase, construct, and 
renovate facilities. We also move these provisions up in the regulation 
to better follow the normal flow of how projects are developed and to 
bring it to the attention of grantees considering facilities projects. 
We believe these changes will help grantees better decide whether they 
are eligible to apply for additional funding.

Section 1303.44 Applications To Purchase, Construct, and Renovate 
Facilities

    In this section, we propose to reorder the process grantees must 
use to apply for funds in a more logical sequence based on the normal 
flow of how facilities projects are developed, implemented, and 
completed. In the current regulation, there are provisions that require 
licensed engineers or architects to certify that facilities are 
structurally sound and comply with licensing and other requirements in 
separate paragraphs. We propose to group these provisions under one 
paragraph in this section. We also propose to retain language that 
allows the responsible HHS official to request additional information 
for unique individual projects in paragraph (a)(13).

Section 1303.45 Cost Comparison To Purchase, Construct, and Renovate 
Facilities

    We currently require grantees to compare costs to renovate, to 
lease an existing facility, or to construct a new facility to determine 
which activity would be most cost effective to meet program needs. 
Grantees must demonstrate that they have compared costs and weighed 
options so we know our investment in a particular facility activity is 
cost-effective and service-relevant.
    In this section, we propose to allow grantees greater flexibility 
to describe projects and to compare costs to other alternatives within 
their service areas. We approach this section differently than we 
currently do in Sec.  1309.11. Cost comparison requirements in Sec.  
1309.11 are unclear. Consequently, grantees often submit substantial, 
and sometimes, unnecessary information that does not give us a 
comprehensive picture of the relationship between the facility activity 
proposed and the quality of services to children and families. What we 
propose in this section strengthens the relationship between the cost 
justification and the project. We also believe what we propose here 
ensures the best use of federal funds and encourages grantees to make 
decisions about facilities based on the needs of the communities and 
the families they serve.

Section 1303.46 Recording and Posting Notices of Federal Interest

    In this section and the following section respectively, we propose 
to revise and redesignate current part 1309 subpart C--protection of 
federal interest, and to clarify when grantees must file notices of 
federal interest and what the notices must contain. We intend to 
mitigate any risk of property loss in a facility transaction and to 
keep the facilities purchased with federal funds for Head Start 
purposes. We explain that grantees must file notices in the official 
real property records in their jurisdiction. We also propose to 
consolidate facilities activities, including modular units previously 
covered in a different section, into one section to make it easier for 
grantees.

Section 1303.47 Contents of Notices of Federal Interest

    In this section, we propose to revise and redesignate parts of 
current Sec.  1309.21 and to logically and comprehensively explain what 
notices of federal interest must contain when a grantee owns a 
facility, when a grantee leases a facility, and when a grantee occupies 
a modular unit. We believe by being clear and thorough about what 
notices of federal interest must contain will help protect federal 
interest. We also want grantees to understand that if we award 
subsequent funds after the grantee files the initial notice of federal 
interest, our federal interest is protected under the initial notice of 
federal interest. We believe this will protect the ongoing investment 
of federal funds.
    We propose to add language in paragraph (a)(8) that requires 
governing bodies to approve notices of federal interest because 
governing bodies have ``legal and fiscal responsibility for 
administering and overseeing programs . . . including the safeguarding 
of federal funds'' under section 642(c)(1)(E)(i) of the Act. This 
requirement will ensure the governing body is aware of the restrictions 
associated with how federal funds are used for facilities activities.

Section 1303.48 Grantee Limitations on Federal Interest

    This section redesignates and revises Sec.  1309.21, which 
identifies grantee limitations associated with properties subject to a 
federal interest.

[[Page 35497]]

Section 1303.49 Protection of Federal Interest in Mortgage Agreements

    Current funding for facilities often includes both federal funds 
and mortgage proceeds. As facilities funding has become more complex, 
it is common to find federal funds and mortgages on the same property. 
In order to protect federal interest, we require grantees to ensure 
that any mortgage agreements they have include specific provisions that 
would mitigate our risk of loss and ensure the property remains for 
Head Start purposes. For example, we propose to require grantees to 
ensure mortgage agreements specify that the responsible HHS official 
can intervene when a grantee defaults. We also propose similar clauses 
that obligate grantees to pay the federal share if they default on 
mortgage agreements and that protect federal interest even if the 
responsible HHS official fails to respond to a default notice.

Section 1303.50 Third Party Leases and Occupancy Arrangements

    Grantees may use federal funds to renovate leased property, often 
at substantial cost. This section requires grantees to have leases in 
place for 30 years for construction of a facility and at least 15 years 
for a renovation or placement of a modular unit to protect underlying 
federal interests in these unusual cases where the government is 
putting major costs into facilities on land that they do not own. These 
terms are based on the minimum useful life as noted in the Internal 
Revenue Code useful lives tables used for depreciation purposes. We 
propose to replace language in Sec.  1309.21(d)(1) of the existing rule 
that is subjective and only requires leases to be long enough to 
recover the value of federally funded improvements.

Section 1303.51 Subordination of Federal Interest

    In this section, we propose to revise and redesignate Sec. Sec.  
1309.21(a) and 1309.21(f)(1) to emphasize that only the responsible HHS 
official can subordinate federal interest to a lender or other third 
party. Grantees cannot subordinate federal interest on their own. The 
official must agree to subordination in writing. In addition to a 
written agreement, the mortgage agreement or security agreement for 
which subordination is requested must comply with Sec.  1303.49, and 
the amount of federal funds already contributed to the facility must 
not exceed the amount provided by the lender seeking subordination. We 
believe our emphasis here will ensure lender interests do not prevail 
over our interests without properly executed agreements.

Section 1303.52 Insurance, Bonding and Maintenance

    This section revises and redesignates current Sec.  1309.23. Our 
experience has demonstrated that grantees have not maintained 
sufficient insurance for replacement of facilities that are 
substantially damaged or destroyed, particularly through floods and 
other natural disasters. After Hurricane Sandy, we realized we had to 
be more vigilant to protect grantees against loss. We mention flood 
insurance at Sec.  1309.23(a) in our existing regulation. However, we 
do not clarify when grantees should have flood insurance.
    In paragraph (b)(2), we propose to require grantees to obtain flood 
insurance if their facilities are located in areas the National Flood 
Insurance Program defines as high risk. We also propose to add language 
in (b)(1) to clarify for the grantees that physical damage or 
destruction insurance must cover full replacement value.

Section 1303.53 Copies of Documents

    This section revises and redesignates current Sec.  1309.40. In 
this section, we propose to add notices of federal interest to the list 
of required documents grantees must provide to the responsible HHS 
official. We also propose to explain that grantees must give copies of 
notices of federal interest to the responsible HHS official after they 
have filed the notices in their jurisdiction's property records. This 
is particularly important because notices of federal interest do not 
fully protect the federal share until the notices are filed in the 
appropriate property records.

Section 1303.54 Record Retention

    This section revises and redesignates current Sec.  1309.41. We 
propose to clarify what documents grantees must retain as records 
covered by the record retention requirement, as well as the fact that 
the retention requirement applies to facilities activities funded 
wholly or partially with Federal funds. We have not changed the basic 
retention period, which is aligned with general requirements in the 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards.

Section 1303.55 Procurement Procedures

    In this section, we propose to revise and redesignate current Sec.  
1309.52 and to summarize briefly the general procurement procedures as 
context for grantees. We also remove references to grants management 
regulations superseded by the Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards. Paragraph (a) 
clarifies that grantees still need to comply with procurement 
requirements ensuring full and open competition; nothing in the current 
part 1309 or proposed subpart diminishes those overarching 
requirements. Paragraphs (b) through (d), substantially the same as the 
current regulation, identify circumstances under which the grantee must 
obtain prior approval for project changes and guarantee HHS rights to 
access and inspect of facilities projects.

Section 1303.56 Inspection of Work

    In this section, we propose minor changes to current section Sec.  
1309.53 to align the elements of the final inspection report with those 
required in the engineer or architect's certification that accompanies 
the initial facilities project application. We want to know whether the 
licensed engineer or architect did the work they said they would do and 
did not just certify that the project is complete. We believe the 
changes we propose will ensure inspections of work comply with 
professional certifications.

Transportation; Subpart F (Current Part 1310)

    We propose to retain all major provisions from part 1310 of the 
current rule in this NPRM. In several sections, we propose streamlined 
version of those provisions. We eliminate redundancy and minor 
requirements that are unrelated to improving the safety of 
transportation services. We also propose to add a requirement to help 
address a dangerous problem some programs have experienced of 
inadvertently leaving children unsupervised on vehicles. We propose to 
remove provisions related to the graduated effective dates in the 
original rule because they are no longer applicable. Consistent with 
other parts in this NPRM, we reorganized this subpart to be more useful 
for program staffs that are charged with its implementation. We propose 
to arrange provisions under this part in 4 sections.

Section 1303.70 In General

    This section describes transportation services and waiver options 
for programs. Specifically, in paragraph (a) we propose to streamline 
Sec.  1310.2(a) in the current rule, to specify how provisions in this 
part apply to all programs, including those programs that provide 
transportation services, regardless of whether services are

[[Page 35498]]

provided directly on agency-owned or -leased buses or through an 
arrangement with another provider. We also propose to remove paragraphs 
(b) and (c) at Sec.  1310.2 in the current rule, because they are no 
longer applicable.
    This section also proposes to revise paragraphs (a) and (b) at 
Sec.  1310.10 in the current rule. These paragraphs stipulate that 
programs must either provide transportation services directly to some 
or all of their children, or make efforts to provide reasonable 
assistance to families in accessing needed transportation so that 
children can participate in the program. We propose to retain the 
provision that requires programs to provide information about 
transportation options in recruitment announcements so that families 
who have transportation barriers will not necessarily be discouraged 
from applying for services. We also propose to include revised 
provisions from the current rule at Sec.  1310.23 which require 
programs to make efforts to coordinate transportation services with 
other human service agencies to maximize cost efficiency, access, and 
quality. In addition, we propose to retain Sec.  1310.10(f) in the 
current rule that requires programs that provide transportation 
services to ensure that accidents are reported in accordance with state 
regulations.
    Finally, we propose to slightly revise Sec.  1310.10(c) in the 
current rule, which describes waiver application options. We propose to 
streamline the language to clarify that waivers may be requested as 
part of the agency's annual funding application or amendment and that 
the responsible HHS official may request additional documentation. We 
also propose to retain the stipulation that HHS is not authorized to 
waive any requirements of the Federal Motor Vehicle Safety Standards 
(FMVSS).

Section 1303.71 Vehicles

    This section proposes to revise provisions in the current rule 
related to vehicle types, safety equipment, and vehicle maintenance and 
inspection. As with much of this section, the provisions we propose are 
not substantive policy changes. Rather, we propose a revised structure 
to reduce redundancy and to improve clarity. We propose to consolidate 
provisions from Sec.  1310.12(a) and (b) in the current rule, which 
allow programs to use grant funds to purchase school buses or allowable 
alternate vehicles to transport children. We propose to retain the 
exemption under Sec.  1310.12(c) in the current rule for the home-based 
option.
    This section also proposes to describe all of the safety equipment 
requirements for vehicles that transport children. Specifically, we 
propose to retain the provision under Sec.  1310.12(a) in current rule 
that requires vehicles to be equipped for height and weight appropriate 
child restraint systems. We propose retain to Sec.  1310.12(b) in the 
current rule that requires vehicles to have reverse beepers. We propose 
to retain Sec.  1310.10(d)(1) through (4) in the current rule that 
requires vehicles be equipped with an emergency communication system 
and appropriate emergency safety equipment, including a seat belt 
cutter, charged fire extinguisher and first aid kit. We propose to no 
longer require programs to strategically locate and mark all safety 
equipment, because we expect programs will ensure that such equipment 
is readily accessible as needed. We also retain safe seating 
requirements, including those related to auxiliary seating in current 
Sec.  1310.10(e) and child restraint systems in current Sec.  
1310.11(a), with slight revisions to remove effective date language 
that is no longer applicable.
    Finally, this section also proposes to revise provisions in the 
current rule related to the vehicle maintenance and inspection. 
Specifically, we propose to revise Sec.  1310.13(a) through (c) in the 
current rule, which requires programs to ensure that vehicles are 
maintained in safe operating condition at all times, and receive, at a 
minimum, an annual safety inspection, systematic preventive 
maintenance, and daily pre-trip inspections. We also propose to revise 
Sec.  1310.14 in the current rule. That section requires programs to 
have bid announcements for school buses and allowable alternate 
vehicles that include the correct specifications and a clear statement 
of the vehicle's intended use and to ensure that vehicles are inspected 
upon delivery to ensure they comply with those specifications.

Section 1303.72 Operation of Vehicles

    This section proposes to revise provisions in the current 
regulation that relate to vehicle operation, safety procedures, driver 
qualifications and applicant reviews, and driver and bus monitor 
training. Specifically, this section proposes to revise safety 
procedure requirements in Sec.  1310.15(a) and (d) in the current rule 
that all children must be seated in height and weight appropriate child 
safety restraint systems on vehicles equipped for such use. We propose 
to revise Sec.  1310.15(b) in the current rule that requires programs 
to ensure baggage and other items are properly stored and secured and 
that aisles and emergency exits remain unobstructed as in Sec.  
1310.15(b).
    This section also proposes to require programs to maintain up to 
date rosters of children transported on all buses or vehicles as well 
as a list of adults to whom each child is authorized to be released, 
including alternates, which is at Sec.  1310.10(g) in the current rule. 
We propose to add a new provision to clarify that programs must ensure 
that no child is left unattended either at the pick-up location or on a 
vehicle at the end of a route. This is essential for ensuring child 
safety. In addition, this section proposes to retain Sec.  1310.15(c) 
in the current rule that requires all programs, except home based 
programs, to have at least one bus monitor be on board at all times 
with additional monitors provided as necessary based on the number and 
needs of the children.
    This section proposes to reorganize and streamline provisions at 
Sec.  1310.16(a) in the current rule that describe driver 
qualifications. This section also proposes to revise the applicant 
review process, described in Sec.  1310.16(b) in the current rule. 
Finally, this section proposes to revise Sec.  1310.17 in the current 
rule, which describes training requirements for drivers and bus 
monitors. These provisions are largely unchanged. However, we propose 
to remove obsolete effective date language under Sec.  1310.17(a) in 
the current rule.

Section 1303.73 Trip Routing

    In this section, we propose to retain all provisions under Sec.  
1310.20 in the current rule related to trip routing. We propose to 
slightly revise the language from the current rule to streamline and 
improve clarity.

Section 1303.74 Safety Procedures

    This section proposes to consolidate and reorganize requirements 
described in Sec.  1310.21 in the current rule to make them more 
comprehensible. We propose to revise and redesignate to Sec.  1302.46 
the requirement for programs to provide pedestrian safety training for 
parents and children and eliminate the prescriptive requirement that it 
occur in the first 30 days of program operation. Additionally, we 
propose to retain current provisions that require programs to teach 
children who receive transportation services safe riding practices, 
procedures for boarding and exiting vehicles, procedures for crossing 
the street as necessary, in and around danger zones, and emergency 
evacuation drills. We also propose to retain a current provision that 
requires programs to train parents on how to escort children to and 
from the vehicle stop and on how to reinforce the safety

[[Page 35499]]

training provided to their children. We also propose to retain the 
provision in the current rule regarding evacuation drills.

Section 1303.75 Children With Disabilities

    This section proposes to revise and to remove obsolete 
implementation language in the current rule at Sec.  1310.22. We 
propose to retain the provision at Sec.  1310.22(a) and (b) in the 
current rule that requires programs, except the home-based option, to 
ensure that there are school buses or allowable alternate vehicles 
adapted or designed to transport children with disabilities who are 
enrolled in the program and that, to the extent possible, such children 
are transported in the same vehicles as other enrolled children. 
Additionally, we propose to retain the provision at Sec.  1310.22 (c) 
in the current rule that requires programs to ensure that any special 
transportation requirements identified in a child's IFSP or IEP are 
followed, including special pick-up and drop-off and requirements, 
seating requirements, special equipment, necessary additional 
assistance, or special training.

Federal Administrative Procedures; Part 1304

    In this part, we remove, consolidate, amend, update, or redesignate 
all of the existing regulations which govern the federal administrative 
procedures through which the responsible HHS official takes any adverse 
action against a grantee, determines whether grantees need to compete 
for renewed funding and decides on the results of competitions for all 
grantees. This part also includes specific provisions when replacing 
American Indian/Alaska Native grantees, which have almost entirely been 
redesignated from current regulations.

Monitoring, Suspension, Termination, Denial of Refunding, Reduction in 
Funding and Their Appeals; Subpart A

    This proposed subpart includes all of the provisions that outline 
Office of Head Start monitoring and the authority to and describe the 
procedures for an adverse action against a grantee, any appeal rights 
and procedures for a grantee to appeal that action, as well as the one 
instance required by the Act that a prospective delegate agency may 
appeal to ACF.
    The Act made a number of changes to section 646 that require 
revisions to the Head Start regulations with regard to suspension at 45 
CFR part 1303. We make these changes in Sec. Sec.  1304.2 and 1304.3 in 
this proposed rule. Extensive, detailed and various appeal procedures 
are described throughout the current part 1303. We propose to eliminate 
these various procedural provisions and instead adopt the Departmental 
Appeals Board (DAB) procedures in 45 CFR part 16. We believe this 
streamlined process will ease administrative burden and reduce 
confusion caused by unnecessary Head Start specific provisions. 
Specifically we propose to eliminate procedural requirements at 
Sec. Sec.  1303.5, 1303.7, 1303.8, 1303.14(e), 1303.15(h), 1303.16(a) 
through (d) and probably (e) through (h), and 1303.17.

Section 1304.1 In General

    In this section of the proposed rule, we describe the provisions of 
the proposed part 1304, which revises, and redesignates parts of parts 
1302 and 1303 in the existing rule. We also clarify that this subpart 
does not apply to reductions to a grantee's financial assistance based 
on chronic under-enrollment procedures in section 641A of the Act or to 
any administrative action based on a violation, or alleged violation, 
of title VI of the Civil Rights Act of 1964.

Section 1304.2 Monitoring

    We propose to redesignate Sec. Sec.  1304.60 and 1304.61 to this 
section. We propose to remove current language that is duplicative and 
to streamline other provisions in accordance with sections 641A of the 
Act. We propose to streamline current standards to clarify our 
authority to ensure through monitoring that a grantee complies with 
standards proposed in parts 1301, 1302, and 1303 under this title. We 
also propose to clarify for grantees that a deficiency can develop from 
an uncorrected area of noncompliance and from monitoring findings that 
show either a grantee's systemic or substantial material failure to 
comply with standards.

Section 1304.3 Suspension With Notice

    We propose to revise and redesignate Sec.  1303.11 to this section. 
Section 646(a)(2) in the Act requires OHS to adopt procedures to assure 
financial assistance is not suspended, except in emergency situations, 
unless the grantee has been given reasonable notice and opportunity to 
show cause. The Act made significant changes to suspensions and to the 
process the responsible HHS official must use to in order to suspend 
grantees. Two major changes require us to update these regulations. 
Suspensions can no longer last more than 30 days, unless a grantee has 
deficiencies that have been ongoing and uncorrected for 180 days and it 
is appealing a termination, reduction, or denial of refunding and an 
appeal for suspensions lasting 30 days is no longer required under 
section 646(a)(5)(B) of the Act. HHS may continue a suspension if the 
grantee requests that the suspension continue and the responsible HHS 
official agrees. Nothing in this section precludes the HHS official 
from imposing a suspension again for an additional 30 days if the cause 
of the suspension has not been corrected.
    We propose to revise two sections of this provision to reflect the 
amended section 646 of the Act. The current Sec.  1303.11(h) and (k) 
include statements that read, ``If termination proceedings are 
initiated in accordance with Sec.  1303.14, the suspension of financial 
assistance will be rescinded.'' These statements do not reflect the 
suspension provision in the revised Act at section 646(a)(5)(B) that 
allows for suspensions longer than 30 days for grantees that are 
appealing a termination, denial of refunding, or reduction of funding 
and so they have been removed.

Section 1304.4 Suspension Without Advance Notice

    We propose to revise and redesignate Sec.  1303.12 to this section. 
Section 1303.12 includes the regulations for summary suspensions. 
Although most of the regulations remain in this section without change, 
a few are updated and streamlined. A few parts of this section are 
revised to implement the changes from the Act that strictly limit the 
suspension period. Because of the Act's 30-day limit on suspensions, we 
propose to update current Sec.  1303.12(f) to only include the 
exception to the 30-day limit for when proceedings for terminations and 
denials of refunding are initiated against grantees with deficiencies 
that have been ongoing for 180 days and have not been eliminated. 
Consequently, suspensions can no longer last more than 30 days, unless 
the conditions under section 646(a)(5)(B) of the Act apply, or the 
grantee requests the suspension to continue and the responsible HHS 
official agrees. We also add proceedings for reductions in financial 
assistance to that list to align with the Act's language in section 
646(a)(3). Because as discussed below, the Act no longer requires 
appeals for suspensions lasting more than 30 days, we removed 
provisions in Sec.  1303.12, paragraphs (g) and (h)(2) and (3), that 
reference appeals in the existing rule. Those redesignated sections are 
also amended to make it clear that suspensions can only last longer 
than 30 days in the limited

[[Page 35500]]

circumstances allowed by the Act. We also propose a few small changes, 
specifically adding the term ``emergency situation'' to the reasons we 
can suspend without notice, to be more closely aligned with the Act and 
the elimination of (m) allowing for contributions during the suspended 
period to count toward in-kind match.

Section 1304.5 Termination and Denial of Refunding

    We propose to combine appeal procedures for terminations and 
denials of refunding. There is no substantive reason for why these 
provisions are currently in separate sections, Sec. Sec.  1303.14 and 
1303.15. This just adds to the part's bulk and complexity and makes it 
more difficult for a lay person to understand. We propose to retain all 
of the substantive elements of the current rule including the reasons 
HHS can terminate, deny refunding or reduce funding. We intend for this 
proposed section to replace current Sec. Sec.  1302.20, 1302.21, and 
1302.22 which only duplicate the reasons for termination in Sec.  
1303.14 and are no longer necessary.

Section 1304.6 Appeal for Prospective Delegate Agencies

    Section 646(a)(1) of the Act requires appeal procedures for certain 
conflicts between delegates and grantees. The Act requires a timely and 
expeditious appeal to the Secretary for an entity who wants to serve as 
a delegate and whose application has been rejected or not acted upon. 
The current regulation includes an additional step of appealing 
application decisions to the grantee first. The extra step of appealing 
to the grantee adds nothing to the application appeal process beyond 
extending it. Therefore we are proposing streamlined procedures that 
eliminate the required appeal to the grantee and require only 
submission of the application and briefings from both sides. In order 
to have a more efficient process we also propose to eliminate the 
reconsideration process described in the current Sec.  1303.23. The 
proposed changes to procedures support the importance of timely action 
given the new realities of the Designation Renewal System and 5-year 
grants that requires a swifter pace in resolving delegate issues. The 
proposed changes to this provision, which is still required by the Act, 
are consistent with the intent of removing delegate appeals to ACF that 
are not required by the Act in proposed part 1303.

Section 1304.7 Legal Fees

    In the current regulation, Sec.  1303.3 provides for the right to 
an attorney and attorney fees. We are proposing to revise this section 
in light of amendments to the Act made in the 2007 Reauthorization to 
section 646(a)(4)(C) which requires the Secretary to prescribe 
procedures that prohibit a Head Start agency from using program grant 
funds to pay attorney fees and costs incurred during an appeal. 
Accordingly, we propose removing Sec.  1303.3(a)(1) and (2), (b), and 
(c). They are replaced with Sec.  1304(a) which states that ``legal 
fees or other costs may not be charged to program grants for appeals of 
terminations, reductions of funding, or denials of applications of 
refunding.''
    However, section 646(a)(6) of the Act gives the Secretary the 
ability to potentially reimburse Head Start grantees in certain 
actions. Sections 646(a)(4)(C) and 646(a)(6) read together to allow for 
reimbursement, though not expenditure of award funds, for legal fees in 
DAB appeals for termination, reduction, or denial of refunding when the 
Head Start agency prevails. Section 1304(b) outlines the situation when 
an agency may apply for reimbursement of fees and the procedures for 
doing so.

Designation Renewal; Subpart B

    In this section, we propose only technical changes to reorder the 
existing provision in part 1307 into the logical order of this NPRM. 
ACF is currently conducting an independent evaluation of the 
Designation Renewal System that was proposed in response to the 
Congressional Mandate to establish such a system. Results from that 
evaluation are still pending. Once the evaluation is completed, ACF 
will consider the results to determine whether any changes to current 
regulations should be proposed.
    The Administrative Procedure Act does not require an agency to 
adhere to public procedure and invite comment, when the agency, for 
good cause, finds notice and public procedure are unnecessary.\271\ In 
this NPRM, we do not invite comment on the Designation Renewal System 
(DRS), which is under part 1307 in the current rule. We, for good 
cause, find that to do so is unnecessary. First, we adhered to public 
procedure when we published the DRS NPRM in 2010.\272\ We received 
approximately 16,000 comments from Head Start grantees, parents, 
teachers, state and national organizations, academic institutions, and 
legal entities. We considered each of those comments and responded to 
them in the DRS final rule.\273\ Second, we do not propose any 
substantive changes to DRS in this NPRM. We will redesignate Sec. Sec.  
1307.1 and Sec. Sec.  1307.3 through 1307.7 to proposed part 1304 and 
Sec.  1307.2 to proposed part 1305. We will also make technical 
amendments to correct cross references. Our efforts in this NPRM 
neither change nor alter the substance of what we published in the DRS 
final rule. The text of this language is included for transparency.
---------------------------------------------------------------------------

    \271\ See section 533(b)(3)(B) of the Administrative Procedure 
Act.
    \272\ See https://www.federalregister.gov/articles/2010/09/22/2010-23583/head-start-program.
    \273\ See https://www.federalregister.gov/articles/2011/11/09/2011-28880/head-start-program#h-10.
---------------------------------------------------------------------------

Selection of Grantees Through Competition; Subpart C

    Section 641(d)(2) of the Act outlines the specific criteria the 
Secretary must use to select grantees and allow consideration of 
``other factors'' and we refer to this citation in our proposed 
regulatory text. This subpart revises current regulations at Sec. Sec.  
1302.10 and 1302.11 to reflect the more transparent and streamlined 
process for Head Start grant competitions and outline the other factors 
to be considered. To do this, we remove vague criteria from Sec.  
1302.10 to ground competitions in the criteria announced in the now 
standardized Funding Opportunity Announcement process. We revise 
requirements for part 1311 to make it clear that replacement programs 
only need to consider the employment of effective and qualified 
personnel.

Replacement of American Indian/Alaska Native Grantees; Subpart D

    This subpart re-designates and minimally revises current 
regulations at Sec. Sec.  1302.30, 1302.31, and 1302.32 to ensure that 
the current requirements for replacing American Indian/Alaska Native 
Head Start programs apply in all circumstances. We add designation for 
competition as one of the reasons for using these procedures to address 
the question of whether this would be the practice which we have 
received from American Indian/Alaska Native programs. This subpart, 
Sec.  1304.30 implements section 646(e) of the Act; Sec.  1304.31 
implements section 641(d) of the Act; and Sec.  1304.32 implements 
section 646(e)(2) of the Act.

Head Start Fellows Program; Subpart E

    This subpart redesignates and minimally revises current regulations 
at Sec. Sec.  1311.1 through 1311.5 to maintain the current 
requirements for administration of the Head Start Fellows Program.

[[Page 35501]]

Definitions; Part 1305

    In this part, we propose to redesignate definitions from all 
sections, except for DRS (part 1307), in the existing rule for ease of 
grantee and prospective grantee understanding and transparency. We do 
not include definitions from DRS because we do not propose any changes 
to that section in this NPRM. In the existing rule, definitions are 
attached to each section. We propose to create one definitions part for 
the entire NPRM. In order to do this, we propose to consolidate all 
definitions that were repeated in multiple sections. In addition, we 
propose to remove many definitions that are either not meaningful or do 
not add to the widely understood meaning. We also propose to remove 
definitions that are clearer and more meaningful when they are 
incorporated into the provisions themselves rather than enumerated as 
definitions. Finally, we propose to add some new definitions to this 
section in order to support other proposed revisions throughout this 
NPRM, and reference the definitions in other relevant pieces of 
legislation where appropriate. We describe what we propose for each 
definition only in the first section in which it appears in the current 
rule. In addition to these changes, we propose to add a definition of 
personally identifiable information (PII) to this section, to clarify 
proposed language for the new set of provisions related to data sharing 
and privacy.

Definitions From Part 1301

    Specifically, from part 1301 in the existing rule, we propose to 
redesignate and revise the definition of Act, and redesignate the 
definitions of budget period, development and administrative costs, 
dual benefit costs, program costs, and total approved costs. We propose 
to remove definitions for independent auditor and major disaster 
because we propose to remove the relevant provisions in this NPRM. We 
propose to remove the definitions of community, Head Start agency, and 
indirect costs because they do not add to the widely understood 
meaning. We also propose to incorporate the meaning of Head Start 
program into the proposed requirements of the NPRM by explicitly noting 
any time `program' only refers to Head Start, and not Early Head Start, 
and therefore we remove it from the definitions section, for improved 
clarity and transparency. Additionally, we propose to reference the Act 
for the definition of delegate agency. We also propose to add a 
definition for directory information as it relates to confidentiality 
and privacy.

Definitions From Part 1302

    From part 1302 in the existing rule, we propose to revise and 
redesignate the definitions of financial viability and grantee for 
improved clarity, and redesignated the definition of legal status. We 
propose to remove the definitions of approvable application, community 
action agency, community action program and Head Start grantee because 
their definitions do not add to the widely understood meaning. 
Additionally, we propose to reference the Act for the definition of 
Indian tribe.

Definitions From Part 1303

    From part 1303 in the existing rule, we propose to redesignate and 
revise definitions for responsible HHS official and agreement for 
clarity, and redesignate the definition of termination of a grant or 
delegate agency. In this section we also propose to remove definitions 
currently enumerated in part 1303, including ACYF, agreement, day, 
denial of refunding, funding agency, interim grantee, prospective 
delegate agency, submittal, substantial rejection, suspension of a 
grant and work day because they are either no longer relevant or do not 
add to the widely understood meaning.

Definitions From Part 1304

    From part 1304 in the existing rule, we propose to revise and 
redesignate the definition of family from part 1304 of the existing 
rule to reflect a more inclusive definition, specifically with regard 
to foster parents. We also propose to revise and redesignate the 
definitions of policy group and staff for clarity. We propose to remove 
many of the definitions currently enumerated in part 1304, including 
collaboration and collaborative relationships, contagious, 
developmentally appropriate, guardian, health, minimum requirements, 
program attendance, referral, teacher and volunteer because they are 
either no longer relevant, or did not add to the widely understood 
meaning. We also propose to incorporate the meaning of assessment, and 
curriculum, at part 1302 subpart C, home visitor at part 1302 subpart 
I, and Early Head Start program by explicitly noting any time `program' 
only refers to Early Head Start, and not Head Start. Therefore, we 
propose to remove them from this definitions section, for improved 
clarity and transparency. We propose to reference the Individuals with 
Disabilities Education Act for the definition of Individual Family 
Service Plan. We propose to reference the Head Start Act for the 
definitions of a child with a disability and deficiency. Finally, we 
propose to add a definition of continuity of care to reflect a renewed 
focus on this critical concept within the proposed program options and 
program management provisions in this NPRM.

Definitions From Part 1305

    In this part, we propose to remove definitions currently included 
part 1305 of the existing rule. Specifically, we propose to remove the 
definitions of enrollment, enrollment opportunities, family for 
pregnant women, low income family, selection, and vacancy because they 
do not add to the widely understood meaning or are unnecessarily 
confusing. We also propose to incorporate the meaning of Head Start 
eligible, income guidelines and recruitment into the proposed 
requirements of this NPRM at part 1302, subpart A, and therefore remove 
them from this definitions section, for improved clarity and 
transparency. We propose to redesignate definitions of enrollment year, 
funded enrollment, income, migrant family, participant, recruitment 
area, service area and verify into this section. We also propose to add 
several definitions related to the provisions that are revised and 
redesignated from part 1305 of the existing rule. Specifically, we add 
new definitions of accepted, enrolled, foster care, Migrant or Seasonal 
Head Start program, and relevant time period to address grantee 
confusion and to reflect the evolving demographics of the families that 
Head Start programs serve.

Definitions From Part 1306

    In this part, we also propose to incorporate the meaning of 
definitions currently enumerated in part 1306 into the proposed 
requirements of this NPRM. Therefore we remove them from this 
definitions section. Specifically, we propose to incorporate the 
meaning of center-based program option, double session variation, 
family childcare, family childcare program option, and home-based 
program option into part 1302, subpart B. We propose to incorporate the 
meaning of group socialization activities, home visits, and parent-
teacher conference into part 1302, subpart C. Finally, we propose to 
incorporate the meaning of family childcare provider into part 1302, 
subpart I. We propose to remove the definitions of combination program 
option, Head Start class, Head Start and Early Head Start services, and 
full-day variation because they do not add to the widely understood 
meanings. We also redesignate and revise the definition of Head Start 
parent to be more inclusive of foster parents. Finally, we revise and 
redesignate the definitions of days of

[[Page 35502]]

operation and hours of operation for improved clarity.

Definitions From Part 1307

    We propose to redesignate all of the definitions from part 1307 of 
the existing rule into this part, but have not been revised them in any 
way because we will not accept comments on the provisions in part 1307 
(part 1304, subpart B in this NPRM) as part of this NPRM. These 
definitions include Act, ACF, agency, aggregate child-level assessment 
data, child-level assessment data, Early Head Start agency, going 
concern, Head Start agency, school readiness goals, and transition 
period.

Definitions From Part 1308

    With regard to the definitions currently enumerated in part 1308, 
we propose to remove commissioner, day, disabilities coordinator, 
eligibility criteria, performance standards, related services, 
assistive technology, assistive technology service and special 
education because they do not add to the widely understood meaning or 
are no longer relevant to the proposed provisions. We also propose to 
incorporate the definition of least restrictive environment into the 
text of this NPRM at part 1302, subpart F, and therefore remove it from 
this definitions section. In addition, we propose to add a definition 
of local agency responsible for implementing IDEA to clarify intent. 
Finally, we propose to reference the Individuals with Disabilities 
Education Act for the definition of Individualized Education Program.

Definitions From Part 1309

    In this part, we also propose to remove several definitions 
currently enumerated in part 1309, including acquire, grant funds, Head 
Start center or a direct support facility, incidental alterations and 
renovations, and suitable facility because they do not add to the 
widely understood meaning. We propose to redesignate and revise major 
renovations, modular unit, real property, facility, and purchase for 
improved transparency and clarity, and redesignate the definition of 
construction. We also propose to add definitions of repair and minor 
renovations to resolve confusion amongst grantees.

Definitions From Part 1310

    In this part, we propose to remove several definitions which are 
currently enumerated in part 1310 of the existing rule. Specifically, 
we propose to remove national standards for school buses and school bus 
operations, reverse beeper and seat belt cutter because they do not add 
to the widely understood meanings or are no longer relevant to the 
proposed provisions. We propose to incorporate the definitions of 
agency providing transportation services, bus monitor and trip routing 
into the text of this NPRM at part 1303, subpart F, and therefore 
remove it from this definitions section. We also propose to reference 
the Act for the definition of State. Lastly, we propose to redesignate 
the remaining definitions from part 1310 into this section, including 
allowable alternative vehicle, child restraint system, commercial 
driver's license, Federal Motor Vehicle Safety Standards, fixed route, 
National Driver Register, school bus and transportation services for 
clarity and transparency.

Definitions From Part 1311

    Finally, in this section, we propose to remove the definition of 
Head Start Fellows which is currently defined in part 1311 of the 
existing rule, because the meaning is conveyed in the proposed 
provisions at part 1304, subpart E.

Effective Dates

    Current Head Start program performance standards remain in effect 
until this NPRM becomes final. We propose for this NPRM to become 
effective 60 days after it is published as a final rule in the Federal 
Register. However, programs may require more time to implement 
Sec. Sec.  1302.21(b)(2); 1302.21(c)(1) and (3); 1302.22(c)(1) and (2); 
and 1302.23(c); 1302.32(a)(1)(iii) and (a)(3); 1302.32(b); 
1302.90(b),(2) and (4); 1302.91(f)(1); 1302.92(b)(4) and (5). 
Therefore, we propose for these provisions to become effective 12 
months after the final rule becomes effective. We solicit comments on 
these effective dates.

V. Regulatory Process Matters

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA),\274\ as amended by the Small 
Business Regulatory Enforcement Fairness Act, requires federal agencies 
to determine, to the extent feasible, a rule's economic impact on small 
entities, explore regulatory options for reducing any significant 
economic impact on a substantial number of such entities, and explain 
their regulatory approach.
---------------------------------------------------------------------------

    \274\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------

    This NPRM will not result in a significant economic impact on a 
substantial number of small entities. It is intended to ensure 
accountability for federal funds consistent with the purposes of the 
Head Start Act and is not duplicative of other requirements.

Regulatory Planning and Review Executive Order 12866

    Executive Order 12866 requires federal agencies to submit 
significant regulatory actions to the Office of Management and Budget 
(OMB) for approval. The Order defines ``significant regulatory 
actions,'' generally as any regulatory action that is likely to result 
in a rule that may (1) have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.\275\
---------------------------------------------------------------------------

    \275\ Executive Order 12866, sec. 3(f)(1).
---------------------------------------------------------------------------

    The provisions proposed in this NPRM, are different from many 
proposed rules in the federal government in that they will require Head 
Start programs to allocate funding in different ways, but will not 
affect the amount of Head Start's appropriation and therefore will not 
affect the amount of funding that will be provided to Head Start 
programs overall. Nonetheless, given the costs of these changes and the 
expected loss of slots for eligible children and teacher employment as 
a result of these costs, we have determined that this NPRM will have an 
annual effect on the economy of more than $100 million. Therefore, the 
proposed changes in this NPRM represent a significant regulatory action 
as defined by Executive Order 12866. Given both the directives of the 
Order and the importance of understanding the benefits, costs, and 
savings associated with these proposed changes, we describe the costs 
and benefits associated with the proposed changes and available 
regulatory alternatives below.
1. Need for Regulatory Action
    The purpose of Head Start, as prescribed by the Act, is to 
``promote the school readiness of low-income children by enhancing 
their cognitive, social, and emotional

[[Page 35503]]

development.'' \276\ This purpose, and the Head Start program itself is 
based upon decades of scientific research that documents the strong and 
lasting impact of children's experiences in their first five years of 
life on brain development, learning, and health,277 278 279 
and the significant economic impact of such benefits on children 
individually and on society as a whole. However, provision of 
consistently high quality early learning experiences is central to 
reaping these benefits from all Head Start programs. The 
congressionally mandated, randomized control trial study of Head 
Start's impact did not show lasting effects on the outcomes measured. 
Specifically, while the Impact Study found some initial effects, by 
third grade the control and treatment groups showed no significant 
differences.\280\ In order for Head Start to achieve its mission to be 
an effective tool in supporting children's success in Kindergarten and 
beyond, all programs must be high quality. Decades of best practice, 
cutting edge research in early education including the Head Start 
Impact Study, expert advice, and The Secretary's Advisory Committee's 
recommendations all culminate in a call to action for policy changes 
that ensure all Head Start programs provide a consistently high quality 
early learning experience that prepares children for Kindergarten and 
has long-term effects on their academic success and overall health. We 
believe the proposed changes in this NPRM will empower all programs to 
achieve this goal.
---------------------------------------------------------------------------

    \276\ 42 U.S.C. 9831.
    \277\ National Scientific Council on the Developing Child 
(2007). The Timing and Quality of Early Experiences Combine to Shape 
Brain Architecture: Working Paper No. 5. Cambridge, MA: Author.
    \278\ Anda R.F., Felitti V.J., Bremner J.D., Walker J.D., 
Whitfield C., Perry, B.D., Dube, S.R., & Giles, W.H. (2006). The 
enduring effects of abuse and related adverse experiences in 
childhood. A convergence of evidence from neurobiology and 
epidemiology. European Archives of Psychiatry and Clinical 
Neuroscience, 256(3), 174-186.
    \279\ National Scientific Council on the Developing Child 
(2010). Early Experiences Can Alter Gene Expression and Affect Long-
Term Development: Working Paper No. 10. Cambridge, MA: Author.
    \280\ Puma, M., Bell, S., Cook, R., Heid, C., Broene, P., 
Jenkins, F., & Downer, J. (2012). Third grade follow-up to the Head 
Start impact study final report. US Department of Health and Human 
Services Office of Planning, Research and Evaluation.
---------------------------------------------------------------------------

2. Cost and Savings Analysis
    In the following sections, we describe the costs associated with 
the proposed changes to the current regulation included in this NPRM. 
First, we detail both the programmatic costs and savings associated 
with individual provisions and then determine the projected loss of 
Head Start slots and teacher jobs associated with those costs without 
additional funding, given that Head Start program would need to absorb 
these additional costs into their current program operations. Then, we 
detail how the net programmatic costs differ from the net cost to 
society of the provisions based upon the calculation of opportunity 
costs and transfers. Further, we describe the effect on society by 
exploring the benefits lost for children who would not have access to 
Head Start in the future, based upon two scenarios. In the first 
scenario additional funds are appropriated that cover the cost of the 
NPRM per the President's FY2016 budget request to support the extension 
of the program day and year. In the second scenario, additional funds 
are not available and children who would have had access to Head Start 
are cared for in other environments with varying levels of quality and 
associated benefits for those children.

Programmatic Costs and Savings

    This NPRM includes a number of provisions, associated with costs, 
intended to increase program quality and, as a result, increase the 
impact Head Start services will have on the children and families 
programs serve. This NPRM also includes several provisions, which 
improve upon important managerial and administrative responsibilities, 
and streamline processes to reduce unnecessary administrative burden, 
which are associated with savings. These provisions apply specifically 
to the approximately 2,815 grantees and delegates currently providing 
Head Start and/or Early Head Start services.
    We estimate the total programmatic costs associated with the 
provisions in their entirety proposed in this NPRM at $1,155,974,916. 
We estimate the total programmatic savings associated with the 
provisions proposed in this NPRM at $104,635,321. Therefore, we 
estimate net programmatic monetary cost of this NPRM at $1,051,339,595. 
As noted above, the President's FY2016 Budget requests $1.5 billion in 
additional Head Start resources to support these quality improvements 
and continue the new Early Head Start-Child Care Partnerships. If the 
additional resources are provided by Congress, these costs would be 
covered. In this situation, there would be no slot or teacher job loss 
associated with the changes proposed in this NPRM. However, we estimate 
below the total slots and teacher jobs that would be lost if the 
additional funding requested in the President's Budget is not provided.
    In order to estimate slot and teacher job loss as programs adjust 
their budgets in the absence of additional funding, we first determined 
the proportion of current funded enrollment that are Head Start slots 
(85%) and Early Head Start slots (15%), respectively. We then applied 
this proportion to the total monetary cost associated with the NPRM, in 
FY2014 dollars, and divided the cost that will be borne in Head Start 
slots ($893,638,656) by the average cost per slot for Head Start in 
2014 or $7,886, and divided the cost that will be borne in Early Head 
Start ($157,700,939) by the average cost per slot for Early Head Start 
in 2014 or $12,013. This calculation provided the total estimated slot 
loss as well as slot loss estimates for regulatory alternatives. 
Without additional funding, this net cost would be associated with a 
reduction in slots (or number of children served) of 126,448.

----------------------------------------------------------------------------------------------------------------
                                               Proportion of    Proportion of                       Number of
                                                   slots           net cost      Cost per slot      slots lost
----------------------------------------------------------------------------------------------------------------
EHS.........................................              15%     $157,700,939          $12,013           13,128
HS..........................................              85%      893,638,656            7,886          113,320
                                             -------------------------------------------------------------------
    Total...................................  ...............  ...............  ...............          126,448
----------------------------------------------------------------------------------------------------------------

    In order to estimate the total number of teacher jobs which would 
be lost in association with the slot reduction that would occur if 
additional funding requested by the President's Budget is not provided, 
we first reduced the net monetary cost of the NPRM by the cost of 
eliminating the option for double sessions ($368,720,660). Double 
session

[[Page 35504]]

programs typically operate a morning and afternoon session of 3.5 
hours, which serve different children but utilize the same teachers. As 
a result, double session teachers should not lose their jobs, even as 
fewer children are served in those programs. To translate the remaining 
cost ($682,618,935) into slot loss, we again applied the proportion of 
Head Start slots (85%) and Early Head Start slots (15%) to the total 
monetary cost associated with the NPRM, less the cost of eliminating 
double sessions, and divided the cost that will be borne in Head Start 
slots ($580,226,095) by the average cost per slot for Head Start, or 
$7,886, and the cost that will be borne in Early Head Start 
($102,392,840) by the average cost per slot for Early Head Start, or 
$12,013. We then applied current percentages from the Program 
Information Report (PIR) on the percent of 3- versus 4-year olds in 
Head Start and the percent in home-based versus center-based in Early 
Head Start to the estimated slot loss. Then we applied a 1:4 teacher: 
child ratio to the center-based Early Head Start slots lost (given two 
teachers for a maximum class size of 8) and 1:12 for home-based Early 
Head Start slots lost (given the maximum caseload of 12) to determine 
the total number of Early Head Start teacher jobs that would be lost. 
And, for Head Start, we applied a 1:8.5 ratio for the number of 3 year 
old slots lost (given two teachers for a maximum class size of 17) and 
a 1:10 ratio for 4 year old slots lost (given two teachers for a 
maximum class size of 20). The sum of these estimates gave us our 
cumulative estimate of teacher jobs lost. Without additional funding, 
this net cost would be associated with a reduction of 9,432 teachers' 
jobs.

----------------------------------------------------------------------------------------------------------------
                                                     Number of slots
                                                    lost  (less double     Ratio applied      Number of teacher
                                                      session costs)                              jobs lost
----------------------------------------------------------------------------------------------------------------
EHS...........................  Center-based.....                4,858                  1:4                1,215
                                Home-based.......                3,665                 1:12                  305
HS............................  3 year olds......               31,403                1:8.5                3,694
                                4 year olds......               42,174                 1:10                4,218
                                                  --------------------------------------------------------------
    Total.....................  .................  ...................  ...................                9,432
----------------------------------------------------------------------------------------------------------------

Societal Cost and Savings

    Throughout this Cost and Savings Analysis, we also identify costs 
and savings to society associated with the proposed changes that are 
not related to program operation and therefore are not included in 
estimations of slot and teacher job loss. Specifically, there are two 
provisions, home visits for frequently absent children and criminal 
background checks for prospective staff, where there is an opportunity 
cost associated with prospective staff or parents' time spent complying 
with new requirements, and we have monetized these opportunity costs at 
$943,530 and $726,824, respectively, based on foregone earnings. 
Further, there is one provision that will be associated with 
opportunity cost savings by reducing parents' time spent on parent 
committees as a result of the new requirements. We have monetized this 
opportunity cost savings at $2,689,098 based on retained earnings. 
Finally, although we have quantified programmatic savings related to 
the removal of provisions that allow Head Start Programs to develop 
their own IEPs for children, we recognize that from a societal 
perspective, these savings in the amount of $41,125,086 should be 
categorized as a transfer, because the IEPs will still be developed for 
such children by another entity. Therefore, we have calculated the net 
total cost to society of the NPRM to be the total programmatic cost 
$1,051,339,595 plus the total additional opportunity costs $40,106,342. 
Based on these calculations, we estimate the net total cost to society 
of this NPRM to be $1,091,445,937.

----------------------------------------------------------------------------------------------------------------
   Opportunity cost/savings/
           transfer                 Estimate                        Net total cost to society
----------------------------------------------------------------------------------------------------------------
Additional Home Visits for            $943,530   $1,051,339,595 + $40,106,342 = $1,091,445,937
 Frequently Absent Children
 (Cost).
Criminal Background Checks for         726,824   ...............................................................
 Prospective Staff (Cost).
Removal of Parent Committees        (2,689,098)  ...............................................................
 (Savings).
Removal of IEP Process              41,125,086   ...............................................................
 (Transfer).
Total Additional Opportunity        40,106,342   ...............................................................
 Costs.
----------------------------------------------------------------------------------------------------------------

    However, the total societal costs and savings of this NPRM is 
dependent on the future appropriation for Head Start. It is also 
dependent on the realization of the potential transfer of benefits from 
children who might have participated in Head Start but lack access to 
the program if the additional funding requested by the President's 
Budget is not provided to those who will receive a greater duration of 
services and higher quality care in Head Start, as well as the 
potential transfer of costs of serving these children from Head Start 
to other Early Childhood Education (ECE) programs. The President's 
FY2016 Budget included a request for $1,078,000,000 in additional Head 
Start funding to support the extension of the Head Start program day 
and year, which are the two provisions associated with the largest 
costs in this NPRM.
    If Head Start appropriations increase by this or a similar amount, 
the programmatic costs currently estimated in this section would be 
borne essentially in full by the federal government but there would be 
no lost benefit to society of a reduction in Head Start slots. In this 
case, the net cost to society (borne by the federal government) would 
be the $1,091,445,937 calculated above, and there would be no transfer 
of benefits. Rather, the full additional potential benefits of higher 
quality services would be realized for all children receiving Head 
Start.
    However, if Head Start receives no additional funding and the 
children, who otherwise would have attended Head Start but lack access 
due to a funding shortfall that results in fewer slots, do not have 
access to any other early childhood education program, the benefits 
that these children would have received from attending Head Start would 
be transferred to children who continue to have access to Head Start 
and experience an increase in the

[[Page 35505]]

duration and quality of services. Transfers may, in spite of holding 
the same dollar value universally, have different worth for entities on 
opposite sides of the transfer. In this case, the additional Head Start 
expenditures accruing to the children receiving more hours (and 
otherwise higher quality) Head Start services may yield benefits that 
are equal to, greater than, or less than the benefits lost by the 
children who lack access to Head Start due to this funding 
shortfall.\281\
---------------------------------------------------------------------------

    \281\ If the resources needed to convert all slots to full 
school day and full school year are not available, then it is 
important to consider whether the benefits to those children who 
have access to Head Start and participate in a longer, higher 
quality day and program year offsets any potential loss from 
children who might have otherwise participated in Head Start under 
the current program minimum requirements that allow for part-day and 
part-year services. As noted above, the relative sizes of those 
benefits and costs depend in part on the degree to which those 
children who might have otherwise participated in Head Start have 
access to other early education programs and the quality of those 
programs. If the impact of Head Start deepens significantly if the 
dosage (hours per day and days per year) is above a threshold level 
greater than the current program minimum requirements, then the 
benefit from increasing program dosage above this threshold will be 
large relative to the proportional increase in dosage. On the other 
hand, if there are diminishing returns to increasing the dosage, 
then the gains to increasing the dosage will be smaller than the 
proportional increase in the program hours, and would be less likely 
to offset the losses to children who might have otherwise had access 
to Head Start, though this depends as noted above on the early 
learning opportunities available to those children. Robin et al. 
(2006) provide preliminary evidence in support of the latter 
possibility, in that they find a tripling of hours in Head Start 
yielding approximately a doubling of children's skill gains. (See 
Robin, K.B., Frede, E.C., Barnett, W.S. (2006). Is More Better? The 
Effects of Full-Day vs. Half-Day Preschool on Early School 
Achievement. NIEER Working Paper.) We invite comment on this issue 
and all aspects of the rule's potential impact on children's skills 
and life outcomes.
---------------------------------------------------------------------------

    We know that some children who would have otherwise participated in 
Head Start will be served by other early childhood programs, although 
they may be of lower quality. In the Head Start Impact Study, many 
children who did not have access to Head Start received services from 
other early childhood education programs of varying quality.\282\ In 
this case, determining how the absence of Head Start services for 
children impacts society depends on how costs and benefits differ 
between Head Start and the alternative programs. If children have 
access to pre-kindergarten programs of roughly equivalent quality to 
Head Start, they will likely have equivalent costs and benefits. Other 
children, however, will likely enroll in programs that may have both 
lower costs and lower benefits to society than Head Start. Finally, 
given there is significant unmet need and the supply of both affordable 
and quality early learning opportunities for poor families is limited, 
some children, as discussed above, will not access any other ECE 
program. In this case, the cost of the NPRM as currently estimated, 
though explained in terms of Head Start's programmatic costs, would be 
borne by whomever pays for the alternative early childhood education 
programs, e.g. state governments, parents, etc. Meanwhile, among 
children who lack access to Head Start services, those that enroll in 
alternative programs of similar quality would experience no additional 
or lost benefit and would not affect the NPRM's cost to society, while 
children who enroll in programs of lower quality or no program at all 
would increase the associated costs to society of the NPRM by the 
amount that the benefit they would receive from Head Start is reduced 
in their alternative program.
---------------------------------------------------------------------------

    \282\ Puma, M., Bell, S., Cook, R., Heid, C., & Lopez, M. 
(2005). Head Start Impact Study: First Year Findings. Administration 
for Children & Families.
---------------------------------------------------------------------------

    Although we are unable to quantify the associated costs, benefits, 
and potential transfers that would arise from these implementation 
scenarios, it is important to keep these factors in mind as we consider 
both the societal costs and savings and the cost-benefit analysis of 
this NPRM.

Itemized Programmatic and Societal Costs and Savings

    In the following sections, we itemize each of the regulatory 
changes for which we expect there to be associated costs or savings in 
the areas of structural program option provisions, educator quality 
provisions, curriculum and assessment provisions, and administrative/
managerial provisions.

Structural Program Option Provisions

    This NPRM includes several provisions that increase the duration of 
the Head Start experience for children. It also includes provisions 
intended to improve child attendance. We analyzed costs associated with 
the following specific requirements: Minimum of 180 days of operation 
for all Head Start center-based programs and family child care homes at 
Sec.  1302.21(c)(1) and Sec.  1302.23(c); minimum of 36 home visits and 
18 group socializations for all Head Start home-based programs at Sec.  
1302.22(c)(1); minimum of 230 days for all Early Head Start center-
based programs and family child care homes at Sec.  1302.21(c)(1) and 
Sec.  1302.23(c); minimum of 46 home visits and 22 group socializations 
for all Head Start home-based programs at Sec.  1302.22(c)(1); minimum 
of 6 hours per day at Sec.  1302.21 and additional home visits for 
chronically absent children at Sec.  1302.16. In all cases, costs are 
estimated based on data about whether programs are currently meeting 
these new minimum requirements.

Extension of the Program Year

    This NPRM proposes to extend the minimum Head Start year by 20 days 
(or one month) for programs operating 160 days (the current average) 
and by 52 days for programs operating 128 days, at Sec. Sec.  
1302.21(c)(1) and 1302.22(c)(1) and to codify current interpretation of 
a ``full-year'' of Early Head Start at 230 days at Sec. Sec.  
1302.21(c)(1) and 1302.22(c)(1). These proposed changes will increase 
the amount of exposure to Head Start and Early Head Start experiences, 
or dosage, which research suggests will, in turn, result in larger 
impacts on child outcomes.283 284 Specifically, research on 
summer learning loss and attendance demonstrates the importance of 
extending the minimum days of operation in Head 
Start.285 286 287 288 289 290 291 292 293 294 

[[Page 35506]]

Current Head Start minimums essentially permit 4 months of summer 
break, making the likelihood and magnitude of skill loss between 
program years even higher than what we see in elementary and secondary 
education. The majority of Head Start programs operate with a 4 month 
break between program years, which we believe undermines the progress 
Head Start children make during the year and lessens the overall impact 
of the program. Our new proposed minimums will reduce the allowable 
summer break to 3 months and should, therefore, decrease summer 
learning loss of Head Start children.
---------------------------------------------------------------------------

    \283\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \284\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
    \285\ Sloan McCombs, J. et al. (2011). Making Summer Count. How 
Summer Programs Can Boost Children's Learning. Santa Monica, Calif.: 
RAND Corporation.
    \286\ Alexander, K.L., Entwisle D.R., & Olson L.S. (2007). 
Lasting consequences of the summer learning gap. American 
Sociological Review, 72, 167-180.
    \287\ Alexander, K.L., Entwisle D.R., & Olson L.S. (2007). 
Summer learning and its implications: Insights from the Beginning 
School Study. New Directions for Youth Development, 114, 11-32.
    \288\ Sloan McCombs, J. et al., (2011). Making Summer Count. How 
Summer Programs Can Boost Children's Learning. Santa Monica, Calif.: 
RAND Corporation.
    \289\ Allington, R.L. & McGill-Franzen, A. (2003). The Impact of 
Summer Setback on the Reading Achievement Gap. The Phi Delta Kappan, 
85(1), 68-75.
    \290\ Fairchild, R. & Noam, G. (Eds.) (2007). Summertime: 
Confronting Risks, Exploring Solutions. San Francisco: Jossey-Bass/
Wiley.
    \291\ Downey, D.B., von Hippel, P.T. & Broh, B.A. (2004). Are 
Schools the Great Equalizer? Cognitive Inequality During the Summer 
Months and the School Year. American Sociological Review, 69(5), 
613-635.
    \292\ Alexander, K.L., Entwisle D.R., & Olson L.S. (2007). 
Lasting consequences of the summer learning gap. American 
Sociological Review, 72, 167-180.
    \293\ Logan, J.A.R., Piasta, S.B., Justice, L.M., 
Schatschneider, C. & Petrill, S. (2011). Children's Attendance Rates 
and Quality of Teacher-Child Interactions in At-Risk Preschool 
Classrooms: Contribution to Children's Expressive Language Growth. 
Child & Youth Forum 40(6), 457-477.
    \294\ Hubbs-Tait, L., McDonald Culp, A., Huey E., Culp, R., 
Starost, H., & Hare, C. (2002). Relation of Head Start attendance to 
children's cognitive and social outcomes: moderation by family risk. 
Early Childhood Research Quarterly, 17, 539-558.
---------------------------------------------------------------------------

    In order to estimate the costs associated with these provisions, we 
used Grant Application Budget Instrument (GABI) data and Program 
Information Report (PIR) data. Specifically, for each of four 
categories of programs (Head Start center-based, Head Start home-based, 
Early Head Start center-based, and Early Head Start home-based) we 
calculated the cost of operating the entire program for an additional 
day by calculating the average number of days each type of program 
currently operates and dividing the average cost per child by the days 
that programs operate. It is important to note that the cost per child 
includes teacher salary and fringe, facilities, materials and all other 
costs associated with administering the program. Head Start grantees 
are allowed to spend 15 percent of their total funds on administrative 
costs, which are also included in the cost per child. Therefore, we 
reduce the cost per child in this estimate by 15 percent because 
administrative costs such as insurance, staff salaries for management 
personnel, including the Executive Director, who are employed year-
round, and costs associated with occupying and maintaining space, are 
not associated with the length of the program year. We also removed all 
programs currently meeting the requirement from the calculation and 
determined the average number of days programs not meeting the 
requirement would need to add in order to get to 180 days (36 weeks for 
home-based) or 230 days (46 weeks for home-based), for Head Start (HS) 
and Early Head Start (EHS), respectively. These calculations reflected 
that Head Start center-based programs would need to add 33 days, Head 
Start home-based programs would need to add 3.8 weeks (19 days), Early 
Head Start center-based programs would need to add 35 days, and Early 
Head Start home-based programs would need to add 2 weeks (10 days).
    We then multiplied the cost per child per day by these estimates 
and the funded enrollment (FE) of programs currently not meeting the 
requirement to produce a cost estimate. Funded enrollment is the total 
number of slots programs are funded to provide. We did these 
estimations separately for Head Start and Early Head Start because the 
total cost per child in 2014 for Head Start slots was $7,886 and the 
total cost per child in 2014 for Early Head Start slots was $12,013. We 
also calculated estimates for center-based (CB) and home-based (HB) 
programs separately because home-based programs report weeks of 
operation, which we translated into days and center-based programs 
report days of operation. Finally, we reduced each cost estimate in 
dollars by 20 percent assuming that a small percentage of programs 
currently operating fewer days than the new requirement will apply for 
and receive a waiver under Sec.  1302.24. Using this method, we 
estimated the total cost of these new minimums to be $560,596,307.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Less 15%     Avg. days                    Avg.           Funded
              Program type               Avg. cost/   admin      (weeks) of    Avg. cost/   additional      enrollment    Estimated cost     Less 20%
                                           child      costs       operation    day/child       days            (FE)                           waiver
--------------------------------------------------------------------------------------------------------------------------------------------------------
HS CB..................................     $7,886     $6,703             169      39.66              33         493,041    $645,336,114    $516,268,891
HS HB..................................      7,886      6,703    170.4 (34.1)      39.34              19          12,420       9,282,849       7,426,280
EHS CB.................................     12,000     10,211             215      47.49              35          23,436      38,954,147      31,163,318
EHS HB.................................     12,000     10,211    227.5 (45.5)      44.88              10          15,981       7,127,273       5,737,818
                                        ----------------------------------------------------------------------------------------------------------------
    Total..............................  .........  .........  ..............  .........  ..............  ..............  ..............     560,596,307
--------------------------------------------------------------------------------------------------------------------------------------------------------

Extension of the Program Day

    This NPRM proposes a new minimum number of hours per day for all 
center-based Head Start and Early Head Start programs at Sec. Sec.  
1302.21(c)(3) and 1302.22(c). These proposed changes will increase the 
amount of exposure to Head Start and Early Head Start experiences, or 
dosage, which research suggests is necessary to support larger impacts 
on child and family outcomes.295 296 Specifically, 
researchers have demonstrated that pre-kindergarten programs that focus 
on intentional teaching and both small group and one-to-one 
interactions have larger impacts on child outcomes.\297\ It is 
extremely difficult for a half-day program to provide sufficient time 
for teachers to conduct learning activities and intentional instruction 
in small group and one-on-one interactions. More content-focused 
curriculum includes at least three hours of cognitive instruction per 
day, something that cannot be accomplished in programs operating under 
our current minimums. Our new proposed minimums will ensure that 
teachers have adequate time to support each child's learning and will, 
when combined with our proposed higher education standards, improve 
outcomes.
---------------------------------------------------------------------------

    \295\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \296\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
    \297\ Camilli, G., Vargas, S., Ryan, S., & Barnett, W.S. (2010). 
Meta-analysis of the effects of early education interventions on 
cognitive and social development. Teachers College Record, 112(3), 
579-620.
---------------------------------------------------------------------------

    In order to estimate the costs associated with these provisions, 
which would extend the Head Start and Early Head Start day to a minimum 
of 6 hours, we also used GABI data and PIR data. Specifically, we 
calculated estimates for both Head Start center-based and Early Head 
Start center-based, and double session and non-double session programs 
separately. For double session programs, which include two sessions of 
3.5 hours, we assumed the entire cost per child would need to be added 
for half of all funded enrollment slots. To calculate this cost, we 
divided the current funded enrollment for EHS (418) and HS

[[Page 35507]]

(136,883) double session programs separately by 2 to get a total number 
of slots for EHS (209) and HS (68,442). We then multiplied the 
resulting number of slots by the average cost per child for each 
program. It is important to note that the cost per child includes 
teacher salary and fringe, facilities, materials and all other costs 
associated with administering the program. Head Start grantees are 
allowed to spend 15 percent of their total funds on administrative 
costs, which are also included in the cost per child. Therefore, we 
reduce the cost per child in this estimate by 15 percent because 
administrative costs such as insurance, staff salaries for management 
personnel, including the Executive Director, who are employed year-
round, and costs associated with occupying and maintaining space, are 
not associated with the length of the program day.
    For non-double session programs we calculate the cost by dividing 
the cost for an additional hour of the teaching team, based on the 
average hourly rate for teachers and assistant teachers, by the maximum 
class size to produce a cost estimate for the cost per child per 
additional hour. We calculated these costs separately for 4-5 year olds 
and 3 year olds, given the differing class size maximums of 20 and 17, 
respectively. For infants and toddlers we used the class size maximum 
of 8. We then multiplied the average cost per child per hour by the 
average number of hours that programs not currently meeting the minimum 
would need to add in order to do so over the program year (360 hours 
for Head Start programs and 552 hours for Early Head Start programs). 
This estimate per child was then multiplied by the appropriate funded 
enrollment (FE) to produce the estimated cost. Finally, we reduced 
those cost estimates by 20 percent, assuming that a small percentage of 
programs currently operating fewer hours than the new requirement, or 
operating double session programs will apply for and receive a waiver 
under Sec.  1302.24. Using this method, we estimated the total cost of 
these new minimums to be $445,226,855. We would like to invite public 
comment specifically on whether any costs in addition to teacher salary 
will be affected by this provision and should therefore be included in 
our estimate.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Avg.
                   Program type                      Teaching     Maximum     Cost/child    additional         FE      Estimated cost   Less 20% waiver
                                                     team/hr     class size                 hours/year
--------------------------------------------------------------------------------------------------------------------------------------------------------
HS CB (4-5)......................................       $29.69           20        $1.48             360       92,887     $49,640,568        $39,712,454
HS CB (3)........................................        29.69           17         1.75             360       66,906      42,065,891         33,652,713
EHS CB...........................................        24.04            8         3.01             552        2,367       3,926,285          3,141,028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Program type                                        Avg. cost/     Less 15%           FE       Number of                                 Less 20% waiver
                                                         child        admin               slots with new
                                                                                                   costs       Estimated cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
HS DS............................................        7,886        6,703      136,883          68,442  458,766,726     367,013,381
EHS DS...........................................       12,013       10,211          418             209    2,134,099       1,707,279
                                                  ------------------------------------------------------------------------------------------------------
    Grand Total..................................  ...........  ...........  ...........  ..............  ...........  ..............        445,226,855
--------------------------------------------------------------------------------------------------------------------------------------------------------

Removal of Home-Based Preschool Standard Option

    This NPRM proposes to remove the home-based option for preschoolers 
as a standard option. We propose this removal because the home-based 
option does not provide the intensity of services required to improve 
children's early learning outcomes. In order to estimate the cost of 
removing this option, we first determined from PIR data that there are 
17,232 home-based preschool slots currently funded. We then calculated 
the current cost associated with home visitor's salaries for these 
children by dividing the slot number by the home-visiting caseload (12) 
and then multiplying by the current average home visitor salary for an 
estimate of $41,888,120. We then calculated the cost that would be 
associated to serving all of these children in center-based program 
instead of home-based. To estimate that cost, we divided the slot 
number by number of children per teacher for Head Start (10) and then 
multiplied that number the current average teacher and assistance 
teacher salary to get an estimate of $41,521,366. We then inflated this 
cost by the administrative cap (15%) to account for additional 
administrative burden of center-based programs to estimate the new cost 
at $47,749,570. We then found the difference between the home-visitor 
salary cost and the inflated teacher salary cost, which is $5,861,450. 
Finally we estimated the total cost of equipping the newly needed 
center-based classrooms by dividing the current home-based slot number 
by 20 to find the number of new classrooms needed (862) by $20,000 
which represents a cost associated with space, equipment, and supplies, 
to be $17,232,000. Therefore, we estimate the cost of this provision to 
be the $5,861,450 combined with the $17,232,000 which is $23,093,450. 
However, this provision is also covered by the local variation waiver 
so we reduced this total by the percentage of programs we expect would 
receive this waiver (33%). We assume that this waiver will be awarded 
at a higher rate than other local variation waivers given the unique 
circumstances that likely drive current programs to use this option to 
meet community needs. Therefore, we estimate the total net cost of this 
provision to be $15,380,238.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Current number   Total cost of     Number of
       Number of HB preschool slots            of home-      home-visitors     teachers      Total cost of     Total cost of equipping     Total cost of
                                               visitors        salaries         needed      teacher salary           classrooms              provision
--------------------------------------------------------------------------------------------------------------------------------------------------------
17,232....................................           1,436     $41,888,120           1,723     $41,521,366  $17,232,000.................     $23,093,450
                                           -------------------------------------------------------------------------------------------------------------
    Inflated by 15%.......................  ..............  ..............  ..............      47,749,570
                                           -------------------------------------------------------------------------------------------------------------
    Difference in Costs...................  ..............  ..............  ..............       5,861,450  Waiver Reduction (33%) Grand      15,380,238
                                                                                                             Total.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 35508]]

Waiver Authority for Early Head Start 2 Year Old Classroom Ratios

    This NPRM proposes to apply the proposed locally-designed variation 
authority, discussed above, at Sec.  1302.24 to all programs. As a 
result, for the first time, programs may request a waiver of ratios for 
children under the age of 3. We believe that programs in states that 
allow higher ratios for two year olds classrooms or mixed age 
classrooms may request waivers to allow them to serve more children and 
support continuity as children approach pre-school. We anticipate 
awarding waivers to programs who propose to serve 2-year old children 
at a ratio of 1:6 rather than 1:4, provided they have sufficient space 
to meet square footage requirements. We estimate the savings associated 
with receipt of this waiver here. First we estimated the savings 
associated with all 2-year old classrooms operating with a 1:6 ratio. 
We used the total number of 2-year olds currently being served (65,852) 
from PIR data to find the number of teachers that would no longer be 
needed by dividing the number of 2-year olds by the current ratio of 
1:4 (which yields 16,463 teachers) and then by the 1:6 ratio that would 
now be allowed (which yields 10,975 teachers), and taking the 
difference (5,488). We then multiply this number of teachers that would 
no longer be needed (5,488) by the average Early Head Start teacher 
salary of $25,495 to get a total potential savings of $139,916,560. 
However, we assumed that only approximately one-third of programs 
currently serving 2-year olds have adequate space to accommodate the 
larger group size associated with a 1:6 ratio. Therefore, we estimate 
that the actual total savings for this provision would be $46,638,853.

----------------------------------------------------------------------------------------------------------------
                                  Current number                     Number of
   Total number of 2 year olds      of teachers    New number of    teachers no     Average EHS    Total savings
                                       (1:4)      teachers (1:6)   longer needed  teacher salary
----------------------------------------------------------------------------------------------------------------
65,852..........................          16,462          10,975           5,488         $25,495    $139,916,560
                                 -------------------------------------------------------------------------------
    Grand Total (Reduced by \2/   ..............  ..............  ..............  ..............      46,638,853
     3\ for programs without
     adequate space)............
----------------------------------------------------------------------------------------------------------------

Waiver Applications for Locally-Designed Program Options

    As discussed above, this NPRM includes a provision at Sec.  1302.24 
that would require any program wishing to operate a locally-designed 
program option to submit a waiver application explaining why the local 
design better meets community needs and demonstrating that children are 
making sufficient progress. As discussed in further detail in the 
discussion of the proposed rule at Sec.  1302.24, this proposed change 
will strengthen program accountability while maintaining local 
flexibility.
    In order to estimate the cost associated with this provision we 
used Grant Application Budget Instrument (GABI) data to determine the 
total number of program schedules that do not meet the new proposed 
minimums. It is important to note that most grantees operate more than 
one program schedule. It is possible that a single grantee operates 
program schedules that both meet our minimums and do not and may 
operate multiple program schedules that would require waiver 
applications. For example, one grantee may operate three centers with 
three different program schedules, one of which meets the minimums and 
two of which do not. In order to ensure our cost estimate captures 
every grantee that may choose to submit a waiver application, we likely 
overestimate the total number of programs by using program schedules as 
the unit of analysis. Among all Head Start and Early Head Start 
programs, 4,207 program schedules do not meet our proposed minimums. 
Further, we also used PIR data to find the number of programs currently 
offering the home-based option for preschoolers, which would also 
require a locally-designed variation waiver. Currently, 300 programs 
offer the home-based option for preschoolers. Finally, we assumed that 
all Early Head Start and Migrant programs serving 2-year olds (965) 
would apply for the associated ratio waiver. These numbers were summed 
to find a total number of programs that might apply for a waiver 
(5,472).
    To estimate the cost associated with waiver applications, we assume 
that 50 percent of all programs that could be eligible for a waiver 
will apply (2,736). We also assume that submission of a waiver 
application will require 8 hours of a center director's time at $45.19 
per hour (PIR salary data of $33.98 per hour inflated by 33% for fringe 
benefits). Therefore, we calculate the cost associated with the 
applications by multiplying the number of programs schedules by 8 hours 
of a center director's hourly wage ($361.52). Using this method, we 
calculate the total cost associated with this provision at $989,119.

----------------------------------------------------------------------------------------------------------------
                                                                                   8 hours of
                                                                  Number of          center
                Number of  program  schedules                       waiver         directors     Estimated  cost
                                                                 applications     hourly wage
----------------------------------------------------------------------------------------------------------------
5,472........................................................           2,736          $361.52         $989,119
----------------------------------------------------------------------------------------------------------------


[[Page 35509]]

Home Visits for Frequently Absent Children

    This NPRM includes a new provision that requires programs to 
attempt to conduct an extra home visit with families of children who 
are frequently absent (for non-illness or IFSP/IEP related reasons) at 
Sec.  1302.16. As described in further detail in the discussion of the 
proposed rule for Sec.  1302.16, this proposed change will improve 
consistent attendance, which is important because research demonstrates 
that attendance is predictive of school success. 298 299 300
---------------------------------------------------------------------------

    \298\ Ehrlich, S. B., Gwynne, J. A., Pareja, A. S., & 
Allensworth, E. M. (2013). Preschool Attendance in Chicago Public 
Schools. Research Summary. University of Chicago Consortium on 
Chicago School Research.
    \299\ Community Action Project Tulsa County. (2012) Attendance 
Works Peer Learning Network Webinar.
    \300\ Connolly, F., & Olson, L. S. (2012). Early Elementary 
Performance and Attendance in Baltimore City Schools' Pre-
Kindergarten and Kindergarten. Baltimore Education Research 
Consortium.
---------------------------------------------------------------------------

    We considered both monetary costs as well as opportunity costs in 
estimating the total cost of these new provisions in Sec.  1302.16. In 
order to estimate the associated monetary costs, we used data from the 
Family and Child Experience Survey (FACES) and babyFACES national 
surveys. Using these databases, we were able to estimate the proportion 
of children in both Head Start and Early Head Start who are absent for 
more than 20 days in a given school year. For Head Start, we used this 
proportion (5.6%) as a proxy for the proportion of children who are 
frequently absent, and would trigger the requirement in the NPRM for an 
additional home visit. For Early Head Start, we assumed approximately 
half of this proportion would be children for whom absences were 
explained the frequency of illness among very young children and thus 
would not trigger this requirement. Therefore, we used half of the 
estimated proportion from babyFACES (34%) as a proxy for children in 
Early Head Start who are chronically absent and would thus trigger the 
extra home visit. Then, we estimated the number of extra home visits 
this requirement will trigger by multiplying cumulative enrollment for 
center-based programs in HS and EHS, respectively, by these proxy 
proportions. Finally, we estimated the monetary cost of this provision 
by multiplying the number of extra home visits by the average wage of a 
teacher and an assistant teacher for two hours, because we expect some 
home visits will be conducted by teachers or home visitors and others 
may be conducted by the family service worker (usually paid on par with 
assistant teachers). Using this method, we estimate the total monetary 
cost of this proposed requirement to be $1,854,026.
    To calculate the opportunity cost, we estimated foregone wages for 
parents meeting this requirement of one additional home visit. This 
represents the value of their time when they participate in an 
additional home visit rather than working. We used the number from our 
estimate of children experiencing chronic absenteeism (65,071) and 
assumed one parent per child. We then used the average hourly wage from 
the Bureau of Labor Statistics and assumed two hours of time for each 
parent to meet this additional requirement. This results in a monetized 
opportunity cost of $943,530.

                                                 Monetary Costs
----------------------------------------------------------------------------------------------------------------
                                                                     Estimated
                                     National                        number of      Avg. wage/2      Estimated
          Program type             survey  proxy        FE          additional         hours           cost
                                         %                              HVs
----------------------------------------------------------------------------------------------------------------
HS..............................             5.6         915,672          51,278          $29.69      $1,522,433
EHS.............................              17          81,138          13,793          $24.04        $331,593
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............      $1,854,026
----------------------------------------------------------------------------------------------------------------


                                                Opportunity Costs
----------------------------------------------------------------------------------------------------------------
                                                                    Hourly wage      Number of
                     Total number of parents                          forgone          hours      Estimated cost
----------------------------------------------------------------------------------------------------------------
65,071..........................................................           $7.25               2        $943,530
                                                                 -----------------------------------------------
    Total.......................................................  ..............  ..............        $943,530
----------------------------------------------------------------------------------------------------------------

Educator Quality Provisions

    This NPRM also includes several provisions to improve the quality 
of education staff in Head Start and Early Head Start programs. 
Specifically, we analyzed costs associated with the following 
requirements: minimum of associate's degree for all Head Start teachers 
at Sec.  1302.91(c); minimum of CDA or equivalent credential for all 
home visitors at Sec.  1302.91(f); and mentor coaching at Sec.  
1302.92(b)(4).

Associate's Degree for Head Start Teachers

    The Act detailed new degree requirements for all Head Start 
teachers. Specifically, one of those provisions codified a minimum 
requirement that all Head Start teachers have at least an associate's 
degree. While progress towards meeting this requirement has been 
substantial, a small percentage of Head Start teachers in 2012 did not 
have such a degree. In this NPRM, we propose adding this requirement 
into the staff qualifications section of the performance standards at 
Sec.  1302.91(c). Given that some teachers do not have the minimum 
degree, we estimated the cost associated with this requirement by 
finding the difference in average salaries for teachers with no 
credential and teachers with a Child Development Associate (CDA), 
compared to teachers with associate's degrees, respectively. We then 
multiplied the additional salary needed for each group of teachers by 
the number of teachers who currently have no credential or the number 
of teachers who currently have only a CDA. Using this method, we 
estimate the total cost for Head Start programs to

[[Page 35510]]

fully fulfill this requirement to be $4,167,135.

----------------------------------------------------------------------------------------------------------------
                                                                                                      Cost of
                                                                      Salary                        additional
                       Current credential                          differential      Number of      salary for
                                                                      (w/AA)         teachers      credentialed
                                                                                                     teachers
----------------------------------------------------------------------------------------------------------------
CDA.............................................................          $1,983           1,595      $3,162,885
None............................................................           1,339             750       1,004,250
                                                                 -----------------------------------------------
    Total.......................................................  ..............  ..............      $4,167,135
----------------------------------------------------------------------------------------------------------------

CDA for Home Visitors

    In this NPRM, we also propose to require that all home visitors 
have, at a minimum, a home-based CDA credential or equivalent at Sec.  
1302.91(f). As described in further detail in the discussion of the 
proposed rule for Sec. Sec.  1302.91, this proposed change will ensure 
that all home visitors are equipped with the critical content knowledge 
offered through a home-based CDA which we believe is linked to being a 
successful home visitor. In order to estimate the costs associated with 
this new minimum requirement, we estimated the proportional salary 
differential of teachers with associate degrees compared to teachers 
with CDAs and applied that proportion to the current average home 
visitor salary to estimate the additional costs to hire more qualified 
home visitors. We took this approach because our current PIR data does 
not differentiate between credential types for home visitor salaries, 
but does differentiate by credential for teacher salaries. We then 
applied this cost for more highly qualified home visitors to the number 
of home visitors who currently have no credential. This gives us an 
estimate of the total cost of requiring higher credentials for home 
visitors. Using this method, we estimate the total cost of meeting this 
new requirement to be $1,607,540. We would like to invite public 
comment specifically on whether the salary assumptions in our estimate 
are appropriate for home visitors.

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Proportion  of                                                         Cost of
                                                                          salary                                                            additional
                         Current credential                            differential   Avg. HV  salary     Additional     Number of  HVs     salary for
                                                                     (Teachers:  CDA                        salary      w/o  credential    credentialed
                                                                          to AA)                                                               HVs
--------------------------------------------------------------------------------------------------------------------------------------------------------
None...............................................................           6.69%          $29,170           $1,951              824       $1,607,540
--------------------------------------------------------------------------------------------------------------------------------------------------------

Mentor Coaching

    In this NPRM, we propose requirements that programs have a system 
of professional development in place that includes an intensive 
coaching strategy for teachers. As described in further detail in the 
discussion of the proposed rule for Sec.  1302.92, this proposed change 
will ensure teaching staff receive effective professional development, 
based on a growing body of research demonstrating the effectiveness of 
intensive professional development for improving teacher practices in 
early care and education settings 301 302 303 and research 
demonstrating that such strategies support are associated with improved 
teacher practice in the classroom and a positive increase in classroom 
quality.304 305 The proposed provision also gives programs 
some flexibility to identify the education staff that would benefit 
most from this form of intensive professional development and direct 
their efforts accordingly.
---------------------------------------------------------------------------

    \301\ Buysse, V., & Wesley, P. W. (2005). Consultation in Early 
Childhood Settings. Baltimore, MD: Paul H. Brookes Publishing.
    \302\ Tout, K., Halle, T., Zaslow, M., & Starr, R. (2009). 
Evaluation of the Early Childhood Educator Professional Development 
Program: Final Report: Report prepared for the U.S. Department of 
Education.
    \303\ Zaslow, M., Tout, K., Halle, T., Vick, J., & Lavelle, B. 
(2010). Towards the identification of features of effective 
professional development for early childhood educators: A review of 
the literature. Report prepared for the U.S. Department of 
Education.
    \304\ Isner, T., Tout, K., Zaslow, M., Soli, M., Quinn, K., 
Rothenberg, L., & Burkhauser, M. (2011). Coaching in early care and 
education programs and Quality Rating and Improvement Systems 
(QRIS): Identifying promising features. Child Trends.
    \305\ Lloyd, C. M., & Modlin, E. L. (2012). Coaching as a key 
component in teachers' professional development: Improving classroom 
practices in Head Start settings. Administration for Children and 
Families.
---------------------------------------------------------------------------

    In order to estimate the costs associated with this requirement, we 
assumed that in most cases, programs would assign one coach per 15 
teachers or teaching teams. We also assumed the coach would receive a 
salary comparable to that of an education manager ($47,945 from PIR), 
inflated for overhead and fringe benefits, which would be estimated at 
$75,000 for each mentor coach. We then calculated the total number of 
mentor coaches needed to support all education staff by using 64,000 
teachers (the number of lead Head Start and Early Head Start teachers) 
as a proxy for the total number of teachers and teaching teams that 
could receive mentor coaching. We estimated the cost of providing 4,267 
coaches for 64,000 teachers or teaching teams at $320,025,000. We then 
assume that programs will utilize their flexibility to identify 
education staff or teaching teams who would most benefit from this type 
of professional development. We believe this will result in 
approximately one-third of teachers/teaching teams receiving intensive 
coaching. Therefore, our final estimate for the cost of the requirement 
is $106,675,000. Given poor quality data regarding the quality and 
scope of coaching strategies programs may currently be using, we do not 
give any credit for programs that may already utilize mentor coaches in 
this estimate.

[[Page 35511]]



 
----------------------------------------------------------------------------------------------------------------
                                          Number of          Number of       Estimate for all  Estimate for  \1/
 Mentor  coach salary  and benefits        teachers           coaches            teachers       3\ of  teachers
----------------------------------------------------------------------------------------------------------------
$75,000.............................            64,000              4,267       $320,025,000       $106,675,000
----------------------------------------------------------------------------------------------------------------

Curriculum and Assessment Provisions

    This NPRM includes several provisions to improve curriculum and 
assessment and eliminate redundancy in the screening process. We 
analyzed costs associated with the following specific requirements: 
Improving curriculum at Sec.  1302.32(a)(1); monitoring the fidelity of 
curriculum implementation at Sec.  1302.32(a)(3); and language 
assessment in home language and English for all dual language learners 
at Sec.  1302.33(c)(2)(ii). We analyzed savings associated with the 
elimination of screening requirements for children who already have an 
IEP or IFSP at Sec.  1302.33(a)(3) and the removal of Head Start 
designed IEPs.

Improving Curriculum

    In this NPRM, we include several provisions intended to improve the 
quality of curricula that programs select at Sec.  1302.32(a)(1). 
Specifically, these new provisions would require programs to critically 
analyze the curricula they use to determine whether they are 
appropriately aligned with and content-rich enough to support growth of 
all children in the domains outlined in the Head Start Early Learning 
Outcomes Framework (Birth-5). As described in further detail in the 
discussion of the proposed rule for Sec.  1302.32, this proposed change 
will ensure all programs select and implement curricula with the key 
qualities that research suggests are critical to promoting child 
outcomes.306 307 308 309 310 311 312 313 314 For some 
programs, these new provisions may require purchasing new curricula, or 
purchasing curricular add-ons or enhancements.
---------------------------------------------------------------------------

    \306\ Clements, D. H., & Sarama, J. (2008). Experimental 
Evaluation of the Effects of a Research-Based Preschool Mathematics 
Curriculum. American Educational Research Journal, 45(2), 443-494.
    \307\ Starkey, P., Klein, A., & Wakeley, A. (2004). Enhancing 
young children's mathematical knowledge through a pre-kindergarten 
mathematics intervention. Special issue on Early Learning in Math 
and Science, 19(1), 99-120.
    \308\ Bierman, K. L., Domitrovich, C. E., Nix, R. L., Gest, S. 
D., Welsh, J. A., Greenberg, M. T., . . . Gill, S. (2008). Promoting 
Academic and Social-Emotional School Readiness: The Head Start REDI 
Program. Child Development, 79(6), 1802-1817.
    \309\ Clements, D. H. (2007). Curriculum research: Toward a 
framework for ``Research-based Curricula''. Journal for Research in 
Mathematics Education, 38(1), 35-70.
    \310\ Fantuzzo, J. W., Gadsden, V. L., & McDermott, P. A. 
(2011). An integrated curriculum to improve mathematics, language, 
and literacy for Head Start children. American Educational Research 
Journal, 48, 763-793
    \311\ Lonigan, C. J., Farver, J. M., Phillips, B. M., & Clancy-
Menchetti, J. (2011). Promoting the development of preschool 
children's emergent literacy skills: A randomized evaluation of a 
literacy-focused curriculum and two professional development models. 
Reading and Writing, 24, 305-337.
    \312\ Preschool Curriculum Evaluation Research Consortium 
(2008). Effects of preschool curriculum programs on school readiness 
(NCER 2008-2009). Washington, DC: National Center for Education 
Research, Institute of Education Sciences, U.S. Department of 
Education. Washington, DC: U.S. Government Printing Office.
    \313\ Wasik, B. A., Bond, M. A., & Hindman, A. H. (2006). The 
effects of a language and literacy intervention on Head Start 
children and teachers. Journal of Educational Psychology, 98, 63-74.
    \314\ Riggs, N. R., Greenberg, M. T., Kusch[eacute], C. A., & 
Pentz, M. A. (2006). The mediational role of neurocognition in the 
behavioral outcomes of a social-emotional prevention program in 
elementary school students: Effects of the PATHS curriculum. 
Prevention Science, 7, 91-102.
---------------------------------------------------------------------------

    In order to estimate the cost associated with these provisions, we 
assumed that education managers would need to allocate an additional 20 
hours of analysis and planning time. We estimated the average hourly 
rate from the average annual salary of education managers and 
determined the total cost per manager for twenty hours. We then 
multiplied the cost by the total number of all programs. In addition, 
we estimated the average cost of a curricular enhancement for the most 
frequently used curriculum in Head Start programs at $135 from online 
purchase forms. We know that most programs routinely upgrade their 
curriculum or purchase a new curriculum. For this cost estimate, we 
assumed an average of two-thirds of programs would identify the need to 
purchase additional curricular enhancements each year, and multiplied 
that number of programs by the average cost of an enhancement to 
estimate its total cost. Finally, we summed the two estimates, and 
found the total estimated cost of meeting this new requirement to be 
$1,551,065.

----------------------------------------------------------------------------------------------------------------
                                    Avg. Ed manager
                                        salary         Cost of 20 hours   Number of programs    Estimated cost
----------------------------------------------------------------------------------------------------------------
Additional Staff Time...........  $47,945...........  $461..............  2,815.............  $1,297,715
----------------------------------------------------------------------------------------------------------------
                                     Avg. cost of     Number of programs    66% of programs
                                      enhancement
----------------------------------------------------------------------------------------------------------------
Curricular Enhancement..........  $135..............  2,815.............  1,877.............  $253,350
----------------------------------------------------------------------------------------------------------------
    Total.......................  ..................  ..................  ..................  $1,551,065
----------------------------------------------------------------------------------------------------------------

Monitoring Fidelity of Curriculum Implementation

    In addition to the curriculum quality requirements described in the 
previous section, this NPRM also includes a provision that will require 
programs to monitor the fidelity of curriculum implementation at Sec.  
1302.32(a)(3). As described in further detail in the discussion of the 
proposed rule for Sec.  1302.32, this proposed change will ensure all 
programs provide adequate supervision and regular monitoring of 
curriculum use to ensure effective curriculum implementation, which is 
critical to reaping the benefits of using high quality curricula 
described above.315 316
---------------------------------------------------------------------------

    \315\ Lieber, J., Butera, G., Hanson, M., Palmer, S., Horn, E., 
Czaja, C., . . . & Odom, S. (2009). Factors that influence the 
implementation of a new preschool curriculum: Implications for 
professional development. Early Education and Development, 20(3), 
456-481.
    \316\ Landry, S. H., Anthony, J. L., Swank, P. R., & Monseque-
Bailey, P. (2009). Effectiveness of comprehensive professional 
development for teachers of at-risk preschoolers. Journal of 
Educational Psychology, 101(2), 448.

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

[[Page 35512]]

    In order to estimate the cost associated with this provision, we 
researched the cost of curriculum fidelity kits. At present, few 
curricula offer such a kit. However, based on those that are available, 
we assessed the average cost of an implementation tool kit at $50. We 
then multiplied that estimate by the number of programs to find the 
total cost of this provision. We did not estimate additional staff 
time, because monitoring and staff supervision is required in the 
current rule and individualization of this information is included in 
our mentor coaching estimate. Using this method, we estimate the total 
cost of meeting this new requirement to be $140,750. We would like to 
invite public comment specifically on whether the costs associated with 
an implementation tool-kit represents the full costs associated with 
this provision or what other costs may need to be included.

------------------------------------------------------------------------
                                           Number of          Total
 Avg. cost of implementation tool kit       programs     estimated  cost
------------------------------------------------------------------------
$50...................................           2,815         $140,750
------------------------------------------------------------------------

Assessments for Dual Language Learners

    In this NPRM, we also propose a new requirement to codify best 
practice in assessing dual language learners (DLL) at Sec.  
1302.33(c)(2)(ii) that in some cases requires programs to administer 
language assessments to dual language learners in both English and 
their home language, either directly or through interpreters. As 
described in further detail in the discussion of the proposed rule for 
Sec.  1302.33, this proposed change will ensure that screening and 
assessment data is collected in both languages to ensure a more 
complete understanding of these children's knowledge, skills and 
abilities.\317\ In order to estimate the costs associated with this 
proposal, we first determined the number of DLLs across Head Start and 
Early Head Start by assuming all children who speak a language other 
than English in the home are DLLs. We then determined the proportion of 
DLL children who speak Spanish in the home and the number of children 
who speak other languages. For the purposes of this estimate, we assume 
that all DLLs who speak Spanish in the home will receive a direct 
assessment in Spanish, and for all DLLs who speak any language other 
than Spanish in the home will be assessed through an interpreter. For 
Spanish-speaking DLLs (280,752 children), we assumed the average cost 
of a Spanish-language assessment tool-kit (using the most frequently 
reported assessment as our proxy) is $200 and the average cost per pack 
of 25 assessment forms is $50. We determined the total number of tool-
kits needed by finding the number of programs serving at least one 
Spanish speaking child. We determined the number of packs of assessment 
forms needed by dividing the total number of Spanish-speaking children 
by 25. We then multiplied the cost of the tool-kit by the number of 
programs and the cost of the assessment forms by the number of children 
and summed them to find the total cost of this provision for children 
who can be directly assessed. For DLLs speaking languages other than 
Spanish (51,899 children), we found the average hourly rate for an 
interpreter from the Bureau of Labor Statistics and assumed two hours 
for each assessment. We then multiplied that cost by the number of non-
Spanish speaking DLLs to find the cost of this provision for children 
who need to be assessed through an interpreter. Finally, we summed 
these two estimates to produce a total cost estimate for the provision: 
$3,295,456.
---------------------------------------------------------------------------

    \317\ Barrueco, S., Lopez, M., Ong, C., & Lozano, P. (2012). 
Assessing Spanish-English bilingual preschoolers: A guide to best 
approaches and measures. Baltimore, MD: Brookes.

----------------------------------------------------------------------------------------------------------------
                                   Avg. cost of
           Type of DLL                spanish      Avg. cost of      Number of    Number of form  Estimated cost
                                    assessment       25 Forms        programs          packs
----------------------------------------------------------------------------------------------------------------
Spanish-speaking................            $200             $50           2,283           8,947        $903,950
----------------------------------------------------------------------------------------------------------------
                                    Avg. hourly        Cost/         Number of    ..............
                                     wage for       assessment       children
                                    interpreter
----------------------------------------------------------------------------------------------------------------
Other...........................          $23.04          $46.08  ..............          51,899      $2,391,506
----------------------------------------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............      $3,295,456
----------------------------------------------------------------------------------------------------------------

Screenings for Children With IEPs and IFSPs

    In this NPRM, we propose a new provision that explicitly eliminates 
the requirement to perform initial developmental screenings on children 
who enter the program with a current IEP or IFSP at Sec.  
1302.33(a)(3). This proposed change will eliminate unnecessary testing 
for children, reduce unnecessary redundancy, and eliminate an extra 
burden on programs. In order to estimate the total savings associated 
with this new provision, we first determined that in 2012, 72,774 of 
the 136,259 children with disabilities in Head Start and Early Head 
Start, entered the program with an IEP or IFSP already in place. We 
then estimated the cost of the developmental screening by multiplying 
the average hourly wage for Disabilities Coordinators by an assumed two 
hours of time per screening. We then multiplied this cost by the number 
of children who already have an IEP or IFSP in place at the beginning 
of the program year and summed the estimates to find the total savings 
associated with this provision to be $2,950,258.

[[Page 35513]]



------------------------------------------------------------------------
                                                                Total
      Avg. wage for 2 hours of disability        Number of    estimated
               coordinator time                   children     savings
------------------------------------------------------------------------
$40.54........................................       72,774   $2,950,258
------------------------------------------------------------------------

Removal of Head Start-specific IEPs

    The reauthorization of the Head Start Act in 2007 removed 
previously held authority for Head Start programs to create their own 
IEPs for children with disabilities. As a result, no programs currently 
create their own IEPs for children, prior to 2007, Head Start programs 
frequently created such IEPs at great cost to programs. In accordance 
with OMB Circular A-4, we estimate the cost/savings associated with all 
new provisions in the NPRM, including the removal of this authority and 
the extensive regulatory requirements that accompany it in Sec.  1308 
of the existing rule.
    In order to estimate the savings associated with the removal of 
these provisions, we first estimated the number of children in the 
2004-2005 program year who's IEP was created by Head Start, which was 
the last year in which the PIR collected this data. PIR data from that 
year indicate 14,758 children had IEPs but were not eligible for 
services under IDEA. We assumed, at a minimum, that the IEPs for all of 
these children were created through the Head Start process. In order to 
estimate the cost of an IEP, we first assumed 2 hours of staff time for 
both the Education Manager and the Disabilities Coordinator. We also 
assumed 4 hours of Special Education Specialist consultant work, at $50 
per hour on average. We then multiplied this staff time by the number 
of IEPs. We also researched the cost of a multi-disciplinary evaluation 
and estimated, based on a sample of state estimates, the cost to be 
$2,500 on average. We multiplied this cost by the number of IEPs and 
then added it to the estimated cost of staff time to determine our 
total savings estimate for this policy change at $41,125,086. We would 
like to invite public comment specifically on whether the estimated 
$2,500 for a multi-disciplinary evaluation is appropriate.

----------------------------------------------------------------------------------------------------------------
                                                   Cost/hour for      Cost of
                      Cost                             staff       consultation   Number of IEPs  Estimated cost
----------------------------------------------------------------------------------------------------------------
Staff/Consultant Time...........................          $86.63            $200          14,758      $4,230,086
----------------------------------------------------------------------------------------------------------------
                                                        Cost of Evaluation        Number of IEPs  ..............
----------------------------------------------------------------------------------------------------------------
Multi-disciplinary Evaluation...................  ..............          $2,500          14,758     $36,895,000
    Total.......................................  ..............  ..............  ..............     $41,125,086
----------------------------------------------------------------------------------------------------------------

Administrative/Managerial Provisions

    This NPRM includes several provisions to improve important 
managerial and administrative responsibilities, and to reduce 
unnecessary administrative burden. We analyzed costs associated with 
the following specific requirements: Memoranda of Understanding at 
Sec.  1302.32; and background checks at Sec.  1302.93(c)(2)(ii). We 
analyzed savings associated with the following specific requirements: 
removal of annual audits; removal of parent committees; removal of 
delegate appeal process at the federal level; clarification of the 
facilities application process at Sec.  1303.40; revision of community 
needs assessment at Sec.  1302.11(b)(1); and revision of managerial 
planning at Sec.  1302.101(b).

Memoranda of Understanding (MOU)

    This NPRM includes a new provision requiring programs to establish 
formal agreements with the local entity responsible for publicly funded 
preschool at Sec.  1302.32. This proposed change will reflect a 
provision of the Act that requires MOUs and has been in effect since 
2008. Nonetheless, per the OMB Circular Requirements for Regulatory 
Impact Analysis, we must estimate the costs associated with the 
provision, as though no programs have implemented the statutory change.
    In order to estimate the costs associated with meeting this new 
requirement, we first estimated that establishing an MOU with such 
entities will require approximately 2 hours of management time, based 
on grantee experience implementing similar MOUs. To estimate the cost 
of that time, we multiplied the average hourly salary of all management 
positions by 2. We then multiplied that cost by the total number of 
programs. Using this method, we estimated the total cost associated 
with this requirement to be $129,631. This may be an over-estimate of 
cost given that one purpose of the MOU is to better coordinate and 
share local resources which may lead to savings associated with 
implementation of the MOU. However, we have insufficient data to 
estimate these savings. As such, we would like to invite public comment 
specifically on the cost savings associated with implementation of 
MOUs.

------------------------------------------------------------------------
                                                                Total
   Avg. wage for 2 hours of management time      Number of    estimated
                                                  programs       cost
------------------------------------------------------------------------
$46.05........................................        2,815     $129,631
------------------------------------------------------------------------

Criminal Background Checks

    This NPRM includes two new provisions that strengthen the 
requirements programs currently must meet with regard to criminal 
background checks for staff at Sec.  1302.93(c)(2)(ii). As described in 
further detail in the discussion of the proposed rule at Sec.  1302.93, 
these changes will provide alignment across federal programs about the 
importance and key characteristics of comprehensive background checks, 
which are critical to ensuring child safety in all early care and 
education settings. Specifically, the first provision would require 
programs perform both a state and FBI criminal background check on all 
prospective employees, whereas the current rule only requires programs 
perform one of the two checks. The second provision requires programs 
to renew criminal background checks for all employees once every five 
years. The FBI estimates the average cost of a criminal background 
check is $21. The cost of state background checks vary significantly, 
with some states charging significantly more than $21. However, some 
states cover costs of the checks for early care providers and other 
states reduce costs for a combined FBI and state check. Therefore, we 
assume $55 to be the average cost of both the FBI and state background 
check, together, based on information from the Office of Child Care's 
CCDF State Plans, in producing our cost estimate.
    We considered both monetary costs and opportunity costs when 
estimating

[[Page 35514]]

the cost of the first provision. To estimate the monetary cost 
requiring both FBI and state background checks for new hires, we used 
the turnover rate of teachers from the PIR data (10%) and applied it to 
all staff to estimate the average number of new hires due to turnover 
per year. We then multiplied the number of new hires by the average 
cost of the FBI background check ($21) to estimate the cost associated 
with this provision. In addition to these monetary costs, we also 
estimated the opportunity cost for prospective employees to meet this 
requirement. This represents the value of time (measured as forgone 
earnings) of a prospective employee during the time they spend to 
complete a background check. To calculate the opportunity cost, we 
averaged the hourly wage for a teacher and an assistant teacher 
(inflated by 33% for fringe benefits), multiplied it by 1.5 hours for 
the estimated time it would take, and multiplied that by the average 
number of new hires due to turnover per year.
    To estimate the cost of the second provision, we multiplied the 
cost of a full background check ($55) by the total number of staff for 
all grantees, divided by five the annual number in need of a five-year 
renewal. In addition, we estimated the cost associated with staff time 
to process each additional background check. To calculate this, we 
assumed the hourly wage of an administrative assistant at the same rate 
as teacher assistants ($11.55). We then added the applicable number of 
staff that would need additional background checks per year (73,591) 
and divided that number by 6 assuming each application will take 
approximately 10 minutes to process. This provided an estimate for the 
number of hours administrative staff would spend processing the 
background checks (12,265). Finally, we multiplied the number of hours 
by the hourly wage to estimate the total cost of processing at 
$141,661. Using this method, we estimate the total costs, including 
monetary costs and opportunity costs, associated with these provisions 
to be $4,081,479. We would like to invite public comment specifically 
on whether our assumption of 10 minutes to process each background 
check is appropriate.

                                                 Monetary Costs
----------------------------------------------------------------------------------------------------------------
                                                   Avg. cost of    Total number     Applicable
                    Provision                          check         of staff          staff      Estimated cost
----------------------------------------------------------------------------------------------------------------
FBI and State Check.............................             $21         245,303          24,530        $515,130
5-year Renewal..................................              55         245,303          49,061       2,698,355
----------------------------------------------------------------------------------------------------------------
                                                     Hourly wage      Applicable       Number of  Estimated Cost
                                                                           Staff           Hours
----------------------------------------------------------------------------------------------------------------
Staff time to process checks....................           11.55          73,591          12,265         141,661
    Total.......................................  ..............  ..............  ..............       3,355,146
----------------------------------------------------------------------------------------------------------------


                                                Opportunity Costs
----------------------------------------------------------------------------------------------------------------
                                    Avg. hourly   Estimated time    Total wage      Applicable
            Provision                  wage          in hours          cost            staff      Estimated cost
----------------------------------------------------------------------------------------------------------------
FBI and State Check.............          $19.75             1.5          $29.63          24,530        $726,824
    Total.......................  ..............  ..............  ..............  ..............        $726,824
----------------------------------------------------------------------------------------------------------------

Removal of Annual Audits

    This NPRM eliminates the separate audit requirement for Head Start 
programs at Sec.  1301.12 in favor of aligning with the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards (Omni Circular). As described in further detail in the 
discussion of the proposed rule at Sec.  1301.12, this proposed change 
will eliminate unnecessary burden on small grantees and the Office of 
Head Start. The Omni Circular requires a Single Audit of entities if 
their total federal expenditures exceed $750,000. As a result of this 
$750,000 threshold, there are 13 grantees and 24 sub-recipients that 
will no longer be required to have an audit. Using an estimate of 
$17,000 per audit per the suggestion of regional grants management 
staff who oversee audit procedures, we estimate a savings of $629,000. 
We would like to invite public comment specifically on whether our 
assumption of $17,000 per annual audit is accurate.

----------------------------------------------------------------------------------------------------------------
                                                                                   Number of        Estimated
                          Provision                                  Cost           programs         savings
----------------------------------------------------------------------------------------------------------------
Removal of audit for grants less than $750,000...............         $17,000               37         $629,000
----------------------------------------------------------------------------------------------------------------

Removal of Parent Committees

    This NPRM does not require agencies to establish parent committees 
at the program option level, as is currently required at Sec.  
1304.50(a)(1)(iii), as well as other provisions at Sec.  
1304.50(d)(2)(i) through (iii) and Sec.  1304.50(e)(1) through (3). We 
estimate both monetary and opportunity-cost savings associated with the 
removal of this provision. Specifically, although this is primarily a 
parent-driven activity, we assume some staff involvement in 
coordinating meetings. For purposes of estimating the monetary cost 
associated with removing this requirement, we used the assistant 
teacher salary as a proxy for the level of staff involved in supporting 
the parent committee and we assume one hour per week or four hours per 
month for eight months. This is based on the assumption that there is 
one 2-hour meeting each month and 2 hours of planning time in 
preparation. Therefore we estimate the potential savings from the 
removal of this requirement to total $6,431,826. However, we assume 
that a

[[Page 35515]]

large proportion of programs will choose to retain their parent 
committees regardless of the fact that it is no longer a requirement. 
Therefore, we estimate the total actual savings to programs to be 25% 
of the $6,431,826 or $1,607,957.
    To calculate the opportunity cost, we estimated an opportunity-cost 
savings associated with parent time no longer spent on parent 
committees. We use estimated parent wages to approximate the value of 
parents' time that will no longer be taken for this activity. We 
estimated 10% of all slots occupied by children (FY2014 Funded 
Enrollment 927,275) have a parent who serves on a parent committee, for 
a total parent number of 92,728. We then used the average hourly wage 
from the Bureau of Labor Statistics and assumed two hours per month 
(eight on average) or 16 of time for each parent to serve on a parent 
committee. This results in a monetized opportunity-cost savings of 
$10,756,390. However, we assume 75% of programs will maintain their 
parent committees regardless of the fact that they are no longer 
required. Therefore we find the estimated actual opportunity cost 
savings of this provision is 25% of $10,756,390, or $2,689,098.

                                                                    Monetary Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Hourly wage for                                       Estimated
                             Provision                                  assistant     Number of hours     Number of        potential        Estimated
                                                                         teacher        for 8 months       programs         savings       actual savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Removal of parent committees.......................................          $11.49               32           17,493       $6,431,826       $1,607,957
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Opportunity Cost Savings
----------------------------------------------------------------------------------------------------------------
                                                                                   Estimated
           Total number of parents              Hourly wage    Number of hours     potential        Estimated
                                                  forgone                           savings       actual savings
----------------------------------------------------------------------------------------------------------------
92,728......................................           $7.25               16      $10,756,390       $2,689,098
----------------------------------------------------------------------------------------------------------------

Delegate Appeals

    This NPRM proposes to align with section 641A(d) of the Act, by 
requiring grantees to establish procedures for a delegate agency to 
appeal a defunding decision. As a result, we propose to eliminate the 
process by which current delegates can appeal grantee decisions to HHS, 
as outlined in Sec.  1303.21. As described in further detail in the 
discussion of the proposed rule, this proposed change will eliminate 
unnecessary burden on grantees and the Office of Head Start. To 
estimate the savings associated with the removal of this process, we 
determined the number of delegate appeals that have occurred across 
ACF's 12 regions over two years (25) and then divided that number by 
two to find the number of appeals annually (12.5). We obtained an 
estimate from a grantee on the costs of their individual appeal 
($66,691) and multiplied it by two to factor in both the cost to the 
grantee and the delegate agency of the appeal process. We then divided 
that total by two based on the assumption that half of the costs are 
spent on the HHS phase of the appeal, which we propose to remove. We 
then multiplied the average cost by the average number of appeals per 
year (12.5) to arrive at the annual savings. We estimate savings of 
$69,359 as a result of this change.

----------------------------------------------------------------------------------------------------------------
                                                                 Savings from      Number of
    Avg. grantee cost of delegate appeal        Avg. cost of    removal of HHS      delegate        Estimated
                                              delegate appeal  phase of appeal    appeals/year       savings
----------------------------------------------------------------------------------------------------------------
$66,691.....................................        $133,382          $66,691             12.5         $833,638
----------------------------------------------------------------------------------------------------------------

Clarification of the Facilities Application Process

    This NPRM proposes to reorder the application requirements for 
funds to purchase, construct or renovate facilities to align with 
typical project development at Sec.  1303.40. In doing so, we 
anticipate savings associated with grantees who are likely to identify 
unfeasible projects more quickly prior to soliciting costly 
professional advice or unnecessary testing (e.g. environmental), 
referred to as soft costs. To estimate the savings associated with 
these revisions, we assumed a per project cost for facilities projects 
of $500,000, based on our experience with facilities costs.
    Since the savings would come from the soft costs that grantees 
incur at the beginning of a project--which under our reordered 
application process could be avoided for projects that grantees realize 
more quickly are not fundable--we assume that approximately 30 percent 
of the average per project costs, or $150,000 are for soft costs. Our 
data systems do not capture the number of applications for facility 
projects each year so as a proxy, we are using the total number of 
facilities with federal interest for the past 10 years, which is the 
timeframe for which we have data, with that total divided by 10 for the 
number of facilities with federal interest per year (3,896). Based on 
our experience, and specifically the knowledge of our in-house 
facilities expert, we then estimate that 8 percent of the 3,896 
facilities with federal interest (31.17 facilities projects) submit un-
fundable applications annually. As a result, we then multiplied the 
$150,000 in estimated soft costs by 31.17 grantees to determine the 
savings that would result if those grantees realized the unfeasibility 
of their projects earlier and never spent those funds. We estimate the 
total savings associated with these revisions to total $4,675,500.

[[Page 35516]]



----------------------------------------------------------------------------------------------------------------
                                                                                   Unfundable
                                               Avg. ``soft''      Facilities        facility        Estimated
        Avg. cost of facility project              costs         with federal    applications/       savings
                                                                interest/year         year
----------------------------------------------------------------------------------------------------------------
$500,000....................................        $150,000            3,896            31.17       $4,675,500
----------------------------------------------------------------------------------------------------------------

Community Assessment

    This NPRM also includes provisions that change the existing 
requirement for programs to conduct full community assessments from 
every three years to every five years at Sec.  1302.11(b)(1). As 
described in further detail in the discussion of the proposed rule at 
Sec.  1302.11, this proposed change will streamline the community 
assessment process and eliminate unnecessary burden on grantees and the 
Office of Head Start. We estimated the current cost of the community 
assessment and assumed a reduction in costs of 40 percent, based on the 
change from three to five years. To determine the average cost of a 
community assessment, we incorporated grantee feedback about both the 
frequency with which they choose to perform the assessment internally 
versus hiring consultants, and the average cost, in staff time and 
consultant fees, respectively of those assessments. From this feedback, 
we assumed 75 percent of programs perform their community assessments 
using Head Start staff, while the remaining 25 percent hire 
consultants. We estimated the costs associated with Head Start staff 
time for 75 percent of programs by calculating the average hourly wage 
of the entire management team (for the director, education manager, 
health services manager, and disabilities coordinator combined), and 
assumed 40 hours of the entire management team's time to complete the 
assessment ($3,910). We then multiplied the cost of these 40 hours by 
the number of programs using Head Start staff to complete their 
assessments. We estimated the costs associated with consultants for 25 
percent of programs by the average cost for a consultant to perform the 
community assessment at $6,000 and assumed an additional 10 hours of 
the management team's support time to complete the assessment 
($977.14). We then multiplied these costs by the number of programs who 
choose to hire consultants for their community assessment. Finally, we 
summed these costs and divided the total by three to find the current 
annual cost. We then divided that total by five to find the new annual 
cost, and calculated the difference, which represents the annualized 
savings for this policy change. We estimated the savings for this 
policy change to be $1,755,480. We would like to invite public comment 
specifically on whether the staff time associated with both options for 
completing a community assessment accurately reflects staff time 
required, and whether the savings assumptions accurately reflect the 
new requirement that programs update their assessment annually for 
significant changes in the availability of full-day public pre-
kindergarten, rates of homelessness, and other demographic shifts.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Cost of                                                                                       Difference
                 Option                   support  staff      Cost of        Number of    Estimated cost  Current annual    New annual    between  costs/
                                               time        consultation      programs                          cost            cost           savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hire Consultants........................         $977.14          $6,000             704      $4,912,090      $1,637,365        $982,418        $654,945
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Cost of Staff Time        ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Internal................................  ..............          $3,910           2,111      $8,254,010      $2,751,337      $1,650,802      $1,100,535
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Annualized Savings............  ..............  ..............  ..............  ..............  ..............  ..............      $1,755,480
--------------------------------------------------------------------------------------------------------------------------------------------------------

Managerial Planning

    This NPRM includes two new provisions that lessen the 
administrative planning burden on programs by reducing the number and 
prescriptiveness of planning processes that are required at Sec.  
1302.101(b). Specifically, the first provision reduces current planning 
topics from four in the existing rule (Education, Health, Family & 
Community Partnerships, and Program Design and Management) to two in 
the NPRM. The second provision significantly reduces the 
prescriptiveness of the disabilities services plan and as a result 
significantly reduces the costs associated with the requirement for 
that planning. In order to estimate the costs associated with the first 
provision, we assumed the four plans required in the existing rule took 
approximately two weeks of the education manager's time to develop. Our 
proposed provision would reduce the number of required plans by half. 
As a result, we assume one week of the education manager's salary as 
savings for each program. Then we multiplied this salary by the number 
of programs to estimate the savings associated with this provision. For 
the second provision, we assumed the disabilities service plan as 
outlined in the existing rule took an average of one week of the 
disabilities coordinator's time. We also assume that the changes to 
this provision will result in an 80 percent decrease in burden, and as 
such, estimate the savings per program to be 80 percent of the 
disabilities coordinator's average weekly wage. We then find estimated 
savings associated with this provision by multiplying this amount by 
the total number of programs. Finally, we sum these two savings to find 
the total estimated savings for this policy change to be $4,419,550.

----------------------------------------------------------------------------------------------------------------
                                                   Cost of staff    Savings per      Number of       Estimated
                      Cost                           time/week        program        programs         savings
----------------------------------------------------------------------------------------------------------------
Reduction of Plans..............................            $922  ..............           2,815      $2,595,430

[[Page 35517]]

 
Revision of Disabilities Plan...................             811            $648           2,815       1,824,120
                                                 ---------------------------------------------------------------
    Total.......................................  ..............  ..............  ..............      $4,419,550
----------------------------------------------------------------------------------------------------------------

Implementation of Changes in the Program Performance Standards

    This NPRM includes numerous changes to Head Start's Program 
Performance Standards. As a result, we have included provisions at 
Sec.  1302.103 that require programs to develop a program-wide approach 
to prepare for and implement these changes, in order to ensure their 
effectiveness. In order to estimate the cost associated with these 
provisions, we estimated the costs associated with Head Start staff 
time by calculating the average hourly wage of the entire management 
team (for the director, education manager, health services manager, and 
disabilities coordinator combined), and assumed 40 hours of the entire 
management team's time to develop the approach ($3,910). Using this 
method we estimate the total cost of this provision at $11,006,650.

----------------------------------------------------------------------------------------------------------------
                                                                 40 Hours of
                  Provision                    Hourly rate of  management team     Number of      Estimated cost
                                              management team        time           programs
----------------------------------------------------------------------------------------------------------------
Implementation Planning.....................          $97.74           $3,910            2,815      $11,006,650
----------------------------------------------------------------------------------------------------------------

1. Regulatory Impact Analysis
    As part of our full regulatory analysis, we considered long-
standing economic analysis of the return on investment through benefits 
to society of high quality early education, how they are linked to the 
changes we propose, and the expectation for increased return on 
investment that our proposed changes create. We also considered the 
potential for distributional effects, in which the proposed changes 
will benefit one distinct population, while potentially harming 
another. Finally, we considered the costs, savings, and potential 
benefits associated with several regulatory alternatives.
Cost-benefit analysis
    There is no question that high quality early learning programs 
yield significant benefits to children and society.\318\ Early learning 
programs provide a unique opportunity to intervene and support 
children's development during a period in which learning and growth is 
at its most rapid.319 320 321 Early learning programs have 
short and long term effects on children's math, reading and behavior 
skills, and can reduce grade retention, teen pregnancy, and the need 
for special education services and in the long-term can increase 
lifetime earnings and reduce 
crime.322 323 324 325 326 327 328 329 330 331 332 333 334 
Numerous evaluations of both small-scale and large-scale early 
education programs demonstrate that the benefits to children and our 
society outweigh the financial costs of funding these programs. Studies 
examining the return on investment for early learning programs find a 
range of levels for positive returns. For example, the Perry Preschool 
project, a two-year early learning intervention for children from low-
income families, netted approximately 7-10 dollars back for every 
dollar spent on the program, with a baseline estimate of 
$8.60.335 336 Most of these financial benefits came from 
later reductions in crime. Evaluations of the Chicago Child-Parent 
Center program (CPC) also show benefits from medium and long-term 
positive effects. When CPC participants reach age 21, analyses 
demonstrates that one and a half years of CPC preschool participation 
yielded a return for society

[[Page 35518]]

of $7.10. In comparison to preschool children who did not participate 
in CPC, the preschool participants had lower rates of special education 
placement and grade retention and a higher rate of high school 
completion. They also had lower rates of juvenile arrests and lower 
arrest rates for a violent offense.\337\ A recent analysis by some of 
the country's premier child development and early intervention experts 
conclude universal pre-kindergarten returns $3-5 in benefits for every 
dollar spent.\338\ Nobel Prize winning economist James Heckman 
concludes that educational interventions in the first five years of 
life show much greater benefits than later interventions.\339\
---------------------------------------------------------------------------

    \318\ Heckman, J. J., Moon, S. H., Pinto, R., Savelyev, P. A., & 
Yavitz, A. (2010). The rate of return to the HighScope Perry 
Preschool Program. Journal of Public Economics, 94, 114-128.
    \319\ National Scientific Council on the Developing Child 
(2007). The Timing and Quality of Early Experiences Combine to Shape 
Brain Architecture: Working Paper No. 5. Retrieved from 
www.developingchild.harvard.edu.
    \320\ Anda R.F., Felitti V.J., Bremner J.D., Walker J.D., 
Whitfield C., Perry, B.D., Dube, S.R., & Giles, W.H. (2006). The 
enduring effects of abuse and related adverse experiences in 
childhood. A convergence of evidence from neurobiology and 
epidemiology. European Archives of Psychiatry and Clinical 
Neuroscience, 256(3), 174-186.
    \321\ National Scientific Council on the Developing Child 
(2010). Early Experiences Can Alter Gene Expression and Affect Long-
Term Development: Working Paper No. 10. Cambridge, MA: Author.
    \322\ Aikens, N., Kopack Klein, A., Tarullo, L., & West, J. 
(2013). Getting Ready for Kindergarten: Children's Progress During 
Head Start. FACES 2009 Report. OPRE Report 2013-21a. Washington, DC: 
Office of Planning, Research and Evaluation, Administration for 
Children and Families, U.S. Department of Health and Human Services.
    \323\ Schweinhart, L. J., Montie, J., Xiang, Z., Barnett, W. S., 
Belfield, C. R., & Nores, M. (2005). Lifetime effects: The HighScope 
Perry Preschool study through age 40. Ypsilanti, MI: HighScope 
Press.
    \324\ Barnett, W. S., & Hustedt, J. T. (2005). Head start's 
lasting benefits. Infants & Young Children, 18(1), 16-24.
    \325\ Yoshikawa, H., Weiland, C., Brooks-Gunn, J., Burchinal, 
M., . . . Zaslow, M. (2013). Investing in our future: The evidence 
base on preschool education. Foundation for Child Development. New 
York, NY.
    \326\ Camilli, G., Vargas, S., Ryan, S., & Barnett, W. S. 
(2010). Meta-analysis of the effects of early education 
interventions on cognitive and social development. The Teachers 
College Record, 112, 579-620.
    \327\ Wong, V. C., Cook, T. D., Barnett, W. S., & Jung, K. 
(2008). An effectiveness-based evaluation of five state 
prekindergarten programs. Journal of Policy Analysis and Management, 
27, 122-154.
    \328\ Reynolds, A.J. (2000). Success in early intervention: The 
Chicago Child-Parent Centers. Lincoln, Nebraska: University of 
Nebraska Press.
    \329\ Schweinhart, L. J., Montie, J., Xiang, Z., Barnett, W. S., 
Belfield, C. R., & Nores, M. (2005). Lifetime effects: The HighScope 
Perry Preschool study through age 40. Ypsilanti, MI: HighScope 
Press.
    \330\ Gormley, W., Gayer, T., Phillips, D.A., & Dawson, B. 
(2005). The effects of universal Pre-K on cognitive development. 
Developmental Psychology, 41, 872-884.
    Campbell, F. A., Ramey, C. T., Pungello, E., Sparling, J., & 
Miller-Johnson, S. (2002). Early childhood education: Young adult 
outcomes from the Abecedarian project. Applied Developmental 
Science, 6, 42-57.
    \331\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \332\ Peisner-Feinberg, E. S., Schaaf, J. M., LaForett, D. R., 
Hildebrandt, L.M., & Sideris, J. (2014). Effects of Georgia's 
Pre[hyphen]K Program on children's school readiness skills: Findings 
from the 2012-2013 evaluation study. Chapel Hill: The University of 
North Carolina, FPG Child Development Institute.
    \333\ Campbell, F. A., Ramey, C. T., Pungello, E., Sparling, J., 
& Miller-Johnson, S. (2002). Early childhood education: Young adult 
outcomes from the Abecedarian project. Applied Developmental 
Science, 6, 42-57.
    \334\ The Council of Economic Advisers. (December, 2014). The 
Economics of Early Childhood Investments. Washington, DC: Authors.
    \335\ Heckman, J.J., Moon, S.H., Pinto, R., Savalyev, P.A. & 
Yavitz, A. (2010). The Rate of Return to the High/Scope Perry 
Preschool Program. Journal of Public Economics, 94(1-2), 114-128.
    \336\ The Council of Economic Advisers. (December, 2014). The 
Economics of Early Childhood Investments. Washington, DC: Authors.
    \337\ Reynolds, A.J., Temple, J.A., Robertson, D.L., Mann, E.A. 
(2002). Age 21 Cost-Benefit Analysis of the Title I Chicago Child-
Parent Centers. Educational Evaluation and Policy Analysis. 24(4), 
267-303.
    \338\ Yoshikawa, H., Weiland, C., Brooks-Gunn, J., Burchinal, 
M., . . . Zaslow, M. (2013). Investing in our future: The evidence 
base on preschool education. Foundation for Child Development.
    \339\ Heckman, J. J., Moon, S. H., Pinto, R., Savelyev, P. A., & 
Yavitz, A. (2010). The rate of return to the HighScope Perry 
Preschool Program. Journal of Public Economics, 94, 114-128.
---------------------------------------------------------------------------

    However, early learning programs must be sufficiently high quality 
to reap these benefits. While there are some direct estimates of Head 
Start's return on investment,340 341 these estimates rely 
largely on outdated data (when children who did not receive Head Start 
received no other early education experiences) and generally provide 
imprecise estimates that vary widely. These studies and other data give 
us confidence that Head Start programs presently yield some return on 
the federal investment. However, based on monitoring data, including 
CLASS, and findings from FACES and the Head Start Impact Study, we also 
know that there is significant variance in quality among Head Start 
programs and more must be done to ensure every Head Start program is 
providing high quality services that will promote strong and lasting 
child outcomes.342 343 344
---------------------------------------------------------------------------

    \340\ Ludwig, J., & Phillips, D. A. (2007). The benefits and 
costs of Head Start (No. w12973). National Bureau of Economic 
Research.
    \341\ Deming, D. (2009). Early childhood intervention and life-
cycle skill development: Evidence from Head Start. American Economic 
Journal: Applied Economics, 111-134.
    \342\ Office of Head Start (2014). A National Overview of 
Grantee CLASS(TM) Scores in 2013. Washington, DC: Office of Head 
Start, Administration for Children and Families, U.S. Department of 
Health and Human Services.
    \343\ Aikens, N., Kopack Klein, A., Tarullo, L., & J. West. 
(2013). Getting Ready for Kindergarten: Children's Progress During 
Head Start. FACES 2009 Report. OPRE Report 2013-21a. Washington, DC: 
Office of Planning, Research and Evaluation, Administration for 
Children and Families, U.S. Department of Health and Human Services.
    \344\ Puma, M., Bell, S., Cook, R., Heid, C., Broene, P., 
Jenkins, F., & Downer, J. (2012). Third grade follow-up to the Head 
Start impact study final report. U.S. Department of Health and Human 
Services Office of Planning, Research and Evaluation.
---------------------------------------------------------------------------

    The proposals in this NPRM are designed to strengthen Head Start 
quality, improve child outcomes, and increase the return on taxpayer 
dollars. Proposed changes to improve teaching practices, including 
implementation of content-rich curriculum and effective use of 
assessment data, and proposed changes to professional development are 
central to our effort to ensure every child in Head Start receives high 
quality early learning experiences that will build the skills they need 
to succeed in school and beyond. In order to maximize the effectiveness 
of Head Start and yield a high rate of return on investment, we believe 
it is essential to pair these improvements to the early learning 
experiences provided by Head Start with increases in program dosage.
    The Secretary's Advisory Committee recommended Head Start look to 
``optimize dosage,'' and our new proposed minimums are more aligned 
with state pre-kindergarten programs that have shown strong 
effects.345 346 For example, North Carolina pre-
kindergarten, which is offered to lower income families and operates 
6.5 hours per day and 180 days per year, demonstrates strong effects. 
Children who attend the program make gains in language, literacy, math, 
general knowledge and social skills. At the end of 3rd grade, children 
from low income families who had attended state pre-kindergarten scored 
higher on math assessments than children from low income families who 
did not attend. Moreover, children who are dual language learners make 
gains at even faster rates than other children.\347\ New Jersey's state 
pre-kindergarten, which operates between 6-10 hours per day and 180-245 
days per year shows significant impacts for child learning. Children 
who attend New Jersey pre-kindergarten show improvements in language, 
print awareness, and math at kindergarten entry, 1st grade, and 2nd 
grade. Gains still exist in language arts, literacy, math, and science 
at 4th and 5th grade. They also show a 40 percent decrease in grade 
retention and a 31 percent decrease in special education 
placement.\348\
---------------------------------------------------------------------------

    \345\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \346\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
    \347\ Peisner-Feinberg, E. S., Schaaf, J. M., LaForett, D. R., 
Hildebrandt, L.M., & Sideris, J. (2014). Effects of Georgia's Pre-K 
Program on children's school readiness skills: Findings from the 
2012-2013 evaluation study. Chapel Hill: The University of North 
Carolina, FPG Child Development Institute.
    \348\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
---------------------------------------------------------------------------

    Other states with dosage consistent with our proposed minimums find 
strong results for children. For example, Georgia pre-kindergarten, 
which operates 6.5 hours per day and typically runs 180 days per year, 
finds medium to large effects on children's language, literacy, and 
math skills at kindergarten entry.\349\ Tulsa pre-kindergarten also 
shows strong effects for children in language and math skills. This 
program operates 180 days per year and is mainly a full-day program for 
low-income children. There is some evidence that full-day attendance in 
Tulsa supports better outcomes for low income and minority 
children.\350\ Boston pre-kindergarten, which also operates for a full 
school day and school year, demonstrates large effects on children's 
language and math skills.\351\
---------------------------------------------------------------------------

    \349\ Peisner-Feinberg, E. S., Schaaf, J. M., LaForett, D. R., 
Hildebrandt, L.M., & Sideris, J. (2014). Effects of Georgia's Pre-K 
Program on children's school readiness skills: Findings from the 
2012-2013 evaluation study. Chapel Hill: The University of North 
Carolina, FPG Child Development Institute.
    \350\ Gormley, G.T., Gayer, T., Phillips, D., & Dawson, B. 
(2005). The effects of universal pre-k on cognitive development. 
Developmental Psychology, 4(6), 872-884.
    \351\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
---------------------------------------------------------------------------

    Only a small amount of research with young children has been able 
to isolate the impact of dosage on child learning, but what does exist 
links increasing the length of the program day and program year to 
improved children's outcomes. For example, a randomized control study 
in which one group of children attended pre-kindergarten for 8 hours 
per day for 45 weeks and another group of children attended the same 
program for 2.5-3 hours per day for 41 weeks found that by the spring 
of kindergarten, the children who had attended full-day pre-
kindergarten had improved almost twice as much on vocabulary and math 
skills compared to the children who attended half day.\352\ Research 
with children in child care settings found 30 hours of participation 
each week to be necessary for low and middle income

[[Page 35519]]

children to see stronger learning outcomes.\353\
---------------------------------------------------------------------------

    \352\ Robin, K.B., Frede, E.C., Barnett, W.S. (2006). Is More 
Better? The Effects of Full-Day vs. Half-Day Preschool on Early 
School Achievement. NIEER Working Paper.
    \353\ Loeb, S., Bridges, M., Bassok, D., Fuller, B., Rumberger, 
R., (2005). How much is too much? The influence of preschool centers 
on children's social and cognitive development. Working paper. 
National Bureau Of Economic Research.
---------------------------------------------------------------------------

    Moreover, research on effective teaching practices for children at 
risk of school difficulties also support the need for full-day 
operation. A six hour program day will better support delivery of high 
quality learning experiences that are developmentally appropriate and 
targeted to improve individualization and skill growth. A meta-analysis 
of pre-kindergarten programs found that those that focused on 
intentional teaching and small group and one-to-one interactions had 
larger impacts on child outcomes.\354\ It is very difficult for a half-
day program to provide sufficient time for teachers to conduct learning 
activities and intentional instruction in small group and one-on-one 
interactions in the areas of skill development experts believe are 
important to later school success.
---------------------------------------------------------------------------

    \354\ Camilli, G., Vargas, S., Ryan, S., & Barnett, W.S. (2010). 
Meta-analysis of the effects of early education interventions on 
cognitive and social development. Teachers College Record, 112(3), 
579-620.
---------------------------------------------------------------------------

    Researchers believe meaningful skill development in language, 
literacy, and math requires intentional, frequent, and specific methods 
of instruction and teacher-child interactions. These types of 
interactions are often complex, require a variety of types of 
interactions and intensities, and for many children in Head Start, need 
to be conducted in small groups to allow sufficient individualized 
scaffolding and skill development.\355\ Experts believe math curriculum 
and instruction must support development of broad and deep mathematical 
thinking and knowledge, including development of abstract thought and 
reasoning.\356\ Targeted instruction and small group activities are 
teaching practices that are particularly important to include for 
supporting the learning of children who are behind.357 358 
Language and literacy experts believe teachers must take an active role 
in supporting language and literacy development for children at risk of 
reading difficulties. That requires systematic and explicit instruction 
to foster vocabulary breadth and depth. Research with toddlers and 
preschool age children also finds that greater exposure to rich 
vocabulary enrichment allows for better scaffolding that can lead to 
improved language and literacy.359 360 As such, experts 
recommend in addition to integration into group learning and free play, 
language and literacy instruction should be explicitly structured and 
sequenced in 15-20 minutes small group session at least three times per 
week.\361\ Math experts have similar time estimates for supporting 
adequate high quality learning experiences.362 363
---------------------------------------------------------------------------

    \355\ Justice, L.M., Mcginty, A., Cabell, S.Q., Kilday, C.R., 
Knighton, K., & Huffman, G. (2010). Language and literacy curriculum 
supplement for preschoolers who are academically at risk: A 
feasibility study. Language, Speech, and Hearing Services in 
Schools, 41, 161-178.
    \356\ Ginsburg, H.P., Ertle, B., & Presser, A.L. (2014). Math 
curriculum and instruction for young children. Chapter 16 in 
Handbook of Response to Intervention in Early Childhood, Buysee, V., 
& Peisner-Feinberg, E. (Eds.). Baltimore: Paul H. Brookes 
Publishing.
    \357\ Buysse, V., Peisner-Feinber, E.S., Saikakou, E., & 
LaForett, D.R. (2014). Recognition & response: A model of response 
to Intervention to promote academic learning in early education. 
Chapter 5 in Handbook of Response to Intervention in Early 
Childhood, Buysee, V., & Peisner-Feinberg, E. (Eds.). Baltimore: 
Paul H. Brookes Publishing.
    \358\ Justice, L.M., McGinty, A., Cabell, S.Q., Kilday, C.R., 
Knighton, K., & Huffman, G. (2010). Language and literacy curriculum 
supplement for preschoolers who are academically at risk: A 
feasibility study. Language, Speech, and Hearing Services in 
Schools, 41, 161-178.
    \359\ Harris, Golinkoff, & Hirsh-Pasell (2011). Lessons for the 
Crib for the Classroom: How Children Really Learn Vocabulary. In 
Handbook of Early Literacy Research, Vol 3. Ed by D. Dickinson and 
S. Neuman (NY: Guilford). 49-65.
    \360\ Dickinson, D.K., Flushman, T.R., & Freiberg, J.B. (2009). 
Learning, reading, and classroom supports: Where we are and where we 
need to be going. In B. Richards, M.H. Daller, D.D. Malvern, P. 
Meara, J. Milton, & Trefers-Daller (Eds.). Vocabulary Studies in 
First and Second Language Acquisition: The Interface Between Theory 
and Application. (pp. 23-38). Hampshire, England: Palgrave-McMillan.
    \361\ Curenton, S.M., Justice, L.M., Zucker, T.A., & McGinty, 
A.S. (2014). Language and literacy curriculum and instruction. 
Chapter 15 in Handbook of Response to Intervention in Early 
Childhood, Buysee, V., & Peisner-Feinberg, E. (Eds.). Baltimore: 
Paul H. Brookes Publishing.
    \362\ Clements, D.H., Sarama, J., Wolfe, C.B., & Spitler, M.E. 
(2012). Longitudinal evaluation of a scale-up model for teaching 
mathematics with trajectories and technologies: persistence of 
effects in the third. American Educational Research Journal.
    \363\ Clements, D.H., & Sarama, J., (2008). Experimental 
evaluation of the effects of a research-based preschool mathematics 
curriculum. American Educational Research Journal, 45(2), 443-494.
---------------------------------------------------------------------------

    This targeted instruction in key school readiness areas requires 
more time than what is provided in a half-day program. Thus, it is not 
surprising to note that a recent analysis of the Head Start Impact data 
found the more effective programs were full-day.\364\ Therefore, we 
believe for Head Start to better reach its potential for closing the 
achievement gap and helping children arrive at school ready to succeed, 
a full-day program is central to providing a supportive and warm 
learning environment that promotes positive social and emotional skill 
development and supports Head Start children learning key academic 
skills.
---------------------------------------------------------------------------

    \364\ Walters, C. (2014). Inputs in the production of early 
childhood human capital: Evidence from Head Start. Working paper. 
Berkley, CA.
---------------------------------------------------------------------------

    Research with slightly older children also finds longer program 
days are important for children's skill development and academic 
success. Numerous studies on kindergarten find children learn more in 
full-day kindergarten than half-day 
kindergarten.365 366 367 368 369 This is not surprising 
since more instruction is delivered in full-day classrooms.\370\ A 
recent meta-analysis of studies examining the effects of full-day 
kindergarten finds that full-day kindergarten led to better skills in 
1st grade than half-day kindergarten.\371\ Analysis of the large 
national Early Childhood Longitudinal Study (ECLS) data also found 
children in full-day kindergarten improved more in math and reading 
than children in half-day kindergarten.\372\ Another study found full-
day kindergarten helped narrow the achievement gap for dual language 
learners in particular.\373\ This finding is important since a large 
and increasing portion of Head Start children are dual language 
learners.
---------------------------------------------------------------------------

    \365\ DeCicca, P. (2007). Does full-day kindergarten matter? 
Evidence from the first two years of schooling. Economics of 
Education Review, 26(1), 67-82.
    \366\ Cryan, J. R., Sheehan, R., Wiechel, J., & Bandy-Hedden, I. 
G. (1992). Success outcomes of full-day kindergarten: More positive 
behavior and increased achievement in the years after. Early 
Childhood Research Quarterly, 7(2), 187-203.
    \367\ Lee, V. E., Burkam, D. T., Ready, D. D., Honigman, J., & 
Meisels, S. J. (2006). Full-Day versus Half-Day Kindergarten: In 
Which Program Do Children Learn More? American Journal of Education, 
112(2), 163-208.
    \368\ http://www.thecommunityguide.org/healthequity/education/he-AJPM-evrec-fdk.pdf.
    \369\ Schroeder, J. (2007). Full-day kindergarten offsets 
negative effects of poverty on state tests. European Early Childhood 
Education Research Journal. 15(3), 427-439.
    \370\ Walston, J.T., and West, J. (2004). Full-day and Half-day 
Kindergarten in the United States: Findings from the Early Childhood 
Longitudinal Study, Kindergarten Class of 1998-99 (NCES 2004-078). 
U.S. Department of Education, National Center for Education 
Statistics. Washington, DC: U.S. Government Printing Office.
    \371\ Hahn, R.A., Rammohan, V. et al. (2014). Effects of Full-
Day Kindergarten on the Long-Term Health Prospects of Children in 
Low-Income and Racial/Ethnic-Minority Populations. American Journal 
of Preventive Medicine, 46(3), 312-323.
    \372\ Walston, J.T., & West, J. (2004). Full-day and Half-day 
Kindergarten in the United States: Findings from the Early Childhood 
Longitudinal Study, Kindergarten Class of 1998-99 (NCES 2004-078). 
U.S. Department of Education, National Center for Education 
Statistics. Washington, DC: U.S. Government Printing Office.
    \373\ Chang, M. (2012). Academic performance of language-
minority students and all-day kindergarten: a longitudinal study. 
School Effectiveness and School Improvement: An International 
Journal of Research, Policy and Practice 23(1), 21-48.

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

[[Page 35520]]

    Research on summer learning loss demonstrates the importance of 
extending the minimum days of operation in Head Start. Research on 
reading skills found high-income students gained skills over summer 
break, middle income students maintained their skill level, and 
children from lower income families lost skills.\374\ Experts conclude 
the average student loses one month worth of skills and development 
over the summer break.\375\ The amount of learning loss is even greater 
for children from low income families who may not have as much access 
to educational resources and experiences during the summer and who are 
already behind their more advantaged peers and need extra time to learn 
skills and strengthen development.376 377 378 379 380 381 
This pattern is also true for the youngest children in elementary 
school. Analysis of the ECLS finds that children from families with 
higher incomes learn more over the summer between kindergarten and 1st 
grade than do children from families with lower incomes.\382\ In fact, 
researchers believe the effects of summer learning loss for children 
from low-income families is cumulative and that the disparity in summer 
gains and losses over the first four summers of elementary school is 
greater than the differential between children from high and low income 
families at school entry.\383\ Experts also conclude summer learning 
loss in elementary school predicts poor academic achievement in high 
school.\384\
---------------------------------------------------------------------------

    \374\ Benson, J., & Borman, G.D. (2010). Family, Neighborhood, 
and School Settings Across Seasons: When Do Socioeconomic Context 
and Racial Composition Matter for the Reading Achievement Growth of 
Young Children? Teacher's College Record, 112(5), 1338-1390.
    \375\ Sloan McCombs, J. et al., (2011). Making Summer Count. How 
Summer Programs Can Boost Children's Learning. Santa Monica, Calif.: 
RAND Corporation.
    \376\ Alexander, K. L., Entwisle D. R., & Olson L. S. (2007). 
Lasting consequences of the summer learning gap. American 
Sociological Review, 72, 167-180.
    \377\ Ibid.
    \378\ Sloan McCombs, J. et al., (2011). Making Summer Count. How 
Summer Programs Can Boost Children's Learning. Santa Monica, Calif.: 
RAND Corporation.
    \379\ Allington, R.L. & McGill-Franzen, A. (2003). The Impact of 
Summer Setback on the Reading Achievement Gap. The Phi Delta Kappan, 
85(1), 68-75.
    \380\ Fairchild, R. & Noam, G. (Eds.) (2007). Summertime: 
Confronting Risks, Exploring Solutions. San Francisco: Jossey-Bass/
Wiley.
    \381\ Downey, D.B., von Hippel, P.T. & Broh, B.A. (2004). Are 
Schools the Great Equalizer? Cognitive Inequality During the Summer 
Months and the School Year. American Sociological Review, 69(5), 
613-635.
    \382\ Burkam, D.T., Ready, D.D., Lee, V.E. & LoGerfo, L.F. 
(2004). Social-Class Differences in Summer Learning Between 
Kindergarten and First Grade: Model Specification and Estimation. 
Sociology of Education, 77, 1-3.
    \383\ Alexander, K. L., Entwisle D. R., & Olson L. S. (2007). 
Lasting consequences of the summer learning gap. American 
Sociological Review, 72, 167-180.
    \384\ Ibid.
---------------------------------------------------------------------------

    Research on attendance also finds exposure to additional learning 
time is important for skill development.385 386 Research 
with elementary school children has shown an increase in school 
attendance predicted improved reading scores.\387\ A recent study of 
preschool attendance in Chicago found that even when accounting for 
children's skill level at the beginning of preschool, attendance 
predicted better academic outcomes at the end of preschool and beyond 
and that attendance was most beneficial for children starting preschool 
with the lowest skills. Children who missed more preschool had lower 
math, letter recognition, and social-emotional skills and were also 
rated as lower on work habits by their teachers.\388\
---------------------------------------------------------------------------

    \385\ Logan, J.A.R., Piasta, S.B., Justice, L.M., 
Schatschneider, C., & Petrill, S. (2011). Children's Attendance 
Rates and Quality of Teacher-Child Interactions in At-Risk Preschool 
Classrooms: Contribution to Children's Expressive Language Growth. 
Child & Youth Forum 40(6), 457-477.
    \386\ Hubbs-Tait, L., McDonald Culp, A., Huey E., Culp, R., 
Starost, H., & Hare, C. (2002). Relation of Head Start attendance to 
children's cognitive and social outcomes: moderation by family risk. 
Early Childhood Research Quarterly, 17, 539-558.
    \387\ Lamdin, D.J. (1996). Evidence of student attendance as an 
independent variable in education production functions. Journal of 
Educational Research, 89(3), 155-162.
    \388\ Ehrlich, S.B., Gwynne, J.A. . . . Sorice, E. (2014). 
Preschool Attendance in Chicago Public Schools: Relationships with 
Learning Outcomes and Reasons for Absences. University of Chicago 
Consortium on Chicago School Research. Research Report.
---------------------------------------------------------------------------

    Current Head Start minimums permit 4 months of summer break, making 
the likelihood of skill loss between program years even higher than 
what we see in elementary and secondary education. The majority of Head 
Start programs operate with a 4 month break between program years, 
which we believe undermines the progress Head Start children make 
during the year and lessens the overall impact of the program.
    In sum, providing high quality early education is not a simple 
task. Standards must be high to create learning environments that allow 
teachers to facilitate effective early learning experiences and support 
must be provided that continuously build teachers' skills and 
knowledge. Taken together, the full-day, instructional time, summer 
loss, and attendance research clearly indicate current Head Start 
minimums for program operations are inadequate to achieve the results 
researchers and economist have shown are possible. This rule aims to 
ensure every Head Start program implements the standards and supports 
necessary to foster effective teaching practices and strong child 
outcomes, and meet the mandates of the Act, leading to larger returns 
on the federal investment.
    It is our goal that this rule will be implemented with sufficient 
funds to avoid slot loss resulting from costs associated with this 
rule. The President's FY2016 Budget includes a request for $1.5 billion 
in additional Head Start funding, with more than $1 billion of that to 
support the extension of the Head Start program day and year, which are 
the two provisions associated with the largest costs in this NPRM. If 
Head Start appropriations increase by this or a similar amount, the 
programmatic costs currently estimated in this section would be borne 
in full by the federal government, and there would be no lost benefit 
to society as a result of a reduction in Head Start slots. Instead, the 
changes we propose would result in a significant increase in the 
quality of Head Start for children and the associated benefits of Head 
Start participation for all children.
    In the absence of additional funding, this proposed rule will 
result in approximately 13 percent decrease in available slots. This 
slot loss has costs to society since fewer children will have access to 
Head Start in the future. This cost to society may be mitigated by the 
availability of other early learning programs, given findings from the 
Head Start Impact Study that indicate a wide range of ECE utilization 
among children who do not have access to Head Start.\389\ In this case, 
determining how the loss of slots impacts society depends on how 
benefits differ between Head Start and the alternative ECE programs. 
Among children whose future Head Start slots are eliminated, those that 
enroll in alternative ECE programs of similar quality would not 
experience a loss of benefits, while children who enroll in programs of 
lower quality or no program at all would experience lost benefits. To 
be sure, quality and affordable early learning programs for poor 
families are limited and there is significant unmet need. A reduction 
in Head Start slots

[[Page 35521]]

may not be fully absorbed by other programs.
---------------------------------------------------------------------------

    \389\ Puma, M., Bell, S., Cook, R., Heid, C., Broene, P., 
Jenkins, F., & Downer, J. (2012). Third grade follow-up to the Head 
Start impact study final report. US Department of Health and Human 
Services Office of Planning, Research and Evaluation.
---------------------------------------------------------------------------

    Continuing to operate under widely varying minimums for program 
dosage, in the face of the mounting evidence provided here, limits Head 
Start's overall effectiveness and undermines Head Start's mission. Our 
proposal, and specifically the most costly changes proposed in this 
NPRM, are designed to ensure every child in Head Start receives the 
highest quality program and thus are inextricably linked to reaping the 
full range of benefits that researchers and economists have 
demonstrated are possible.

Accounting Statement--Table of Quantified and Non-Quantified Benefits, 
Costs, and Transfers

    As required by OMB Circular A-4, we have prepared an accounting 
statement table showing the classification of the impacts associated 
with implementation of this proposed rule. We decided to use a 10-year 
window for this regulatory impact analysis and distinguish between 
average annual costs in year 1, year 2, and average annual ongoing 
costs in subsequent years 3-10. As required by the Office of Management 
and Budget (OMB), we discount costs at 3 percent and 7 percent and have 
included total present value as well as annualized value of these 
estimates in our analyses below.
    We chose to distinguish between the first two years of costs and 
the ongoing costs because we have delayed the majority of the 
regulatory changes for the first year to allow time for programs to 
plan, and because some of the costs we estimate will only occur in the 
first year of implementation (second year of costs estimated here), 
while most of the costs will recur annually. We also include here 
several costs and savings to society, separate from those identified 
for programs, which are described in detail above.

----------------------------------------------------------------------------------------------------------------
                                                                                                   Years 3-10
                                                               Year 1             Year 2           (Annually)
----------------------------------------------------------------------------------------------------------------
Programmatic Savings...................................      ($57,996,468)     ($104,635,321)     ($104,635,321)
Programmatic Costs.....................................        $14,491,427     $1,142,984,610     $1,141,433,545
Societal Opportunity Costs and Savings.................           $726,824        $40,106,342        $40,106,342
Net Costs*.............................................      ($42,778,217)     $1,078,455,630     $1,076,904,565
----------------------------------------------------------------------------------------------------------------
* Note these costs do not include the potential lost benefits of children who no longer have access to Head
  Start or the impact on children who attend other ECE programs.

    These costs were then discounted and annualized using the 10 year 
window and the OMB discounting rates. In total, the 10-year present 
value of the costs associated with the proposed changes in this NPRM 
are estimated to be $8,343,623,913, discounted at 3 percent, and 
$6,974,954,727, discounted at 7 percent. The annualized costs of the 
proposed changes in this NPRM are estimated to be $949,638,115 
discounted at 3 percent, and $928,109,005, discounted at 7 percent.

----------------------------------------------------------------------------------------------------------------
                                      Average annualized (years 1-10)                  10 Year Total
                                 -------------------------------------------------------------------------------
                                     Discounted 3%       Discounted 7%       Discounted 3%       Discounted 7%
----------------------------------------------------------------------------------------------------------------
Net Costs.......................       $949,638,115        $928,109,005      $8,343,623,913      $6,974,954,727
----------------------------------------------------------------------------------------------------------------

Distributional Effects

    As part of our regulatory analysis, we considered whether the 
changes we propose would disproportionately benefit or harm a 
particular subpopulation. If the funding proposed in the President's 
Budget is not provided, the proposal will result in a loss in the 
number of children being served by Head Start and an improvement in 
quality for the much larger group of low-income children who continue 
to participate. We do not expect the children who may lose access to 
Head Start if the funding is not provided to be systematically 
different in terms of meaningful subpopulations from the children who 
will be receiving greater benefits from higher quality services. We 
also acknowledge that, if the funding in the President's Budget is not 
provided, 9,432 teachers, assistant teachers, and home visitors will no 
longer be employed as a result of this proposal. Again, while these 
teachers will be economically harmed as a result of this proposal, the 
remaining 105,621 teachers, assistant teachers, and home visitors whose 
employment is not terminated, should receive pay increases as a result 
of working longer hours and longer program years. We do not expect the 
teachers who are no longer employed to be systematically different in 
terms of meaningful subpopulations from the teachers who will see 
increased pay as a result of this proposal.
    We also considered whether there would be a differential impact of 
the proposed changes, specifically the extended day and year 
provisions, on both children and teachers based upon geographic 
location or tribal affiliation. While we found significant variation at 
the state level with regard to the percentage of slots that meet the 
new proposed minimums, there were no systematic differences based on 
the region of the country (e.g., North vs. South; Midwest vs. West, 
etc.). We also found no systematic differences between tribal programs 
and non-tribal programs with regard to meeting the new proposed 
minimums.

Regulatory Alternatives

    As part of our full regulatory analysis, we have considered several 
regulatory alternatives, which we outline below. Specifically, we have 
considered alternatives to the policy changes we have determined to be 
our largest cost-drivers: Extension of the program year, extension of 
the program day, and mentor coaching. We consider alternatives to these 
policy changes by analyzing the effect of the net cost in dollars, 
slots, and teacher jobs of making no change to the existing rule, as 
well as more costly policy changes. We also consider how these 
regulatory alternatives might be impacted by the availability of 
additional funds consistent with the President's FY2016 Budget request 
to support the extension of the program day and year. Our justification 
for choosing to make a policy change is provided in depth in the 
relevant sections of this NPRM.

[[Page 35522]]

However, we do provide additional rationale for not opting to propose 
the more costly regulatory alternatives in this section.

Extension of the Program Year

    This NPRM proposes to extend the minimum Head Start year to 180 
days, and to codify current interpretation of a ``full-year'' of Early 
Head Start at 230 days. As described in great detail above, these 
proposed changes will increase the amount of instructional time in Head 
Start programs, which research suggests is critical to reaping the full 
benefits of the other quality improvement provisions we have 
proposed.390 391 In our cost analysis, we estimated the 
total cost of these new minimums to be $560,596,307.
---------------------------------------------------------------------------

    \390\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \391\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
---------------------------------------------------------------------------

    As part of our full regulatory analysis, we considered two 
alternatives to this policy change. Specifically, we considered the 
alternative of making no change to our current minimums, thus 
eliminating the associated cost of $560,596,307. Using the calculation 
enumerated above, making no change to this policy would be associated 
with 67,424 fewer slots lost and 7,746 fewer teachers no longer 
employed. However, not making this change would also prevent the 
significant predicted increase in impacts on child outcomes we have 
described below. If Head Start receives the appropriations requested in 
the President's FY2016 Budget, the cost associated with this provision 
would be borne by the federal government and there would be no 
associated slot or teacher job loss for our proposal, but the benefits 
described below would be maintained.
    We also considered the alternative of extending the program year 
for Head Start to a true ``full-year'' as is often implemented in child 
care programs. This alternative would involve increasing the minimum 
program year for all programs to 230 days, as is interpreted for Early 
Head Start. Using the same method employed in our original cost 
analysis, the total associated costs of this alternative would be 
$1,534,726,851, which would result in a total of 184,585 slots lost and 
21,206 teachers no longer employed for this provision alone. For this 
regulatory alternative, we also calculated the cost and associated slot 
and teacher job loss if Head Start receives the appropriations 
requested in the President's FY2016 Budget. In this case, the 
additional associated costs of this alternative, assuming the proposed 
regulatory change as a base, would be $974,130,544 more than our 
proposed change (and more than the budget request supports), which 
would result in 117,161 additional slots lost and 13,460 additional 
teachers no longer employed.
    While it is possible that increasing the program year for all 
programs to 230 days would result in greater impacts on child outcomes, 
our proposed regulatory action of increasing to 180 days is modeled 
after high quality pre-kindergarten programs that have, in fact, 
demonstrated significant impacts on child outcomes. We also believe 
that extending the program year for all programs to 230 days would be 
an inappropriate regulatory mandate. Head Start is not a one-size fits 
all program, especially considering the range of ages and needs of the 
children we serve. Extending the program year for preschoolers to 180 
days achieves our goal of increasing dosage without unnecessarily 
limiting program flexibility to best meet the needs of their 
communities.

                                      Estimates Without Additional Funding
----------------------------------------------------------------------------------------------------------------
                                                          Status quo (128     Proposed (180
                                                           days minimum)      days minimum)         230 days
----------------------------------------------------------------------------------------------------------------
Programmatic Cost......................................                  0       $560,596,307     $1,534,726,851
Slot Loss..............................................                  0             67,424            184,585
Loss in teacher jobs...................................                  0              7,746             21,206
----------------------------------------------------------------------------------------------------------------
                               Estimates if FY2016 Budget Request is Appropriated
----------------------------------------------------------------------------------------------------------------
Programmatic Cost......................................                  0                  0       $974,130,544
Slot Loss..............................................                  0                  0            117,161
Loss in teacher jobs...................................                  0                  0             13,460
----------------------------------------------------------------------------------------------------------------

Extension of the Program Day

    This NPRM proposes a new minimum number of hours for all center-
based Head Start, Early Head Start programs and family child care 
programs. As also discussed in great detail above, these proposed 
changes will increase the amount of exposure to learning experiences 
which research suggests will result in larger impacts on child 
outcomes.392 393 As part of our full regulatory analysis, we 
also considered two alternatives to this policy change. Specifically, 
we considered the alternative of making no change to our current 
minimums, thus eliminating the associated cost of $449,052,165. Making 
no change to this policy would be associated with 54,009 fewer slots 
lost and 1,110 fewer teachers no longer employed. It is important to 
note that fewer teachers are lost in this estimate because we 
anticipate maintaining all double session teachers. However, given the 
arguments we have made in prior sections, we believe extending the 
program day is necessary to ensure all children receive an adequate 
dosage of high quality early learning experiences in order to improve 
child outcomes. If Head Start receives the appropriations requested in 
the President's FY2016 Budget, the cost associated with this provision 
would be borne by the federal government and there would be no 
associated slot or teacher job loss for our proposal, but the benefits 
of extending the program day would be maintained.
---------------------------------------------------------------------------

    \392\ Weiland, C., & Yoshikawa, H. (2013). Impacts of a 
prekindergarten program on children's mathematics, language, 
literacy, executive function, and emotional skills. Child 
Development, 84, 2112-2130.
    \393\ Barnett, W.S., Jung, K., Youn, M.J., and Frede, E.C. 
(2013). Abbott Preschool Program Longitudinal Effects Study: Fifth 
Grade Follow-Up. National Institute for Early Education Research 
Rutgers--The State University of New Jersey.
---------------------------------------------------------------------------

    We also considered the alternative of extending the program day to 
a true ``full-day'' as is often implemented in child care programs. 
This alternative would involve increasing the minimum

[[Page 35523]]

program day to 10 hours. This may be more beneficial to supporting 
parental employment and allows even more time for exposure to rich 
early learning experiences. Using the same method employed in our 
original cost analysis, the associated costs of this alternative would 
be $609,930,063, which would result in 73,358 slots lost and 3,333 
teachers no longer employed for this provision alone. We estimate the 
addition of these hours is substantially less than the estimated cost 
of moving from a 3.5 hour minimum to a 6 hour minimum. It is important 
to understand that this estimate is in addition to our original 
estimate which includes the cost of converting double session programs. 
For non-double session programs, the cost of adding each additional 
hour of program duration is significantly less. For this regulatory 
alternative, we also calculated the cost and associated slot and 
teacher job loss if Head Start receives the appropriations requested in 
the President's FY2016 Budget. In this case, the additional associated 
costs of this alternative, assuming the proposed regulatory changes as 
a base, would be $160,877,898 more than our proposed change (and more 
than the budget request supports), which would result in 19,349 slots 
lost and 2,223 teachers no longer employed.
    While it is again possible that extending the minimum program day 
for all programs to 10 hours would result in greater impacts on child 
outcomes, as with our proposed regulatory action to extend the program 
year, our proposal to extend the program day to 6 hours is sufficient 
for implementation of content-rich learning experiences that support 
strong child outcomes in key areas of school readiness and is modeled 
after high quality pre-Kindergarten programs that have demonstrated 
significant impacts on child outcomes. We also believe that extending 
the program day for all programs to 10 hours would be an inappropriate 
federal mandate. Head Start is not a one-size fits all program, 
especially considering the range of ages and needs of the children we 
serve. Extending the program day to 6 hours achieves our goal of 
increasing dosage without unnecessarily limiting program flexibility to 
best meet the needs of their communities, especially where parents do 
not need extended child care.

                                      Estimates Without Additional Funding
----------------------------------------------------------------------------------------------------------------
                                                          Status quo (3.5   Proposed (6 hours
                                                          hours  minimum)        minimum)       10 hour minimum
----------------------------------------------------------------------------------------------------------------
Financial Cost.........................................                  0       $449,052,165       $609,930,063
Loss in students served................................                  0             54,009             73,358
Loss in teacher jobs...................................                  0              1,110              3,333
----------------------------------------------------------------------------------------------------------------
                               Estimates if FY2016 Budget Request is Appropriated
----------------------------------------------------------------------------------------------------------------
Financial Cost.........................................                  0                  0       $160,877,898
Loss in students served................................                  0                  0             19,349
Loss in teacher jobs...................................                  0                  0              2,233
----------------------------------------------------------------------------------------------------------------

Mentor Coaching

    In this NPRM, we propose requirements that programs have a system 
of professional development in place that includes an intensive 
coaching strategy. As with our other largest cost drivers, as part of 
our full regulatory analysis, we considered two alternatives to this 
policy change. Specifically, we considered the alternative of not 
requiring mentor coaches for any teachers, thus eliminating the 
associated cost of $106,675,000. This alternative would be associated 
with 12,830 fewer slots lost and 1,474 fewer teachers no longer 
employed. We also considered the alternative of requiring mentor 
coaches for all 64,000 teachers, rather than allowing programs to 
allocate mentor coaches to the teachers which need intensive 
professional development most (an estimated one-third of all teachers). 
Using the same method employed in our original cost analysis, the 
additional associated costs of this alternative would be $320,025,000 
total or $213,350,000 more than our proposed change, which would result 
in 38,490 total or 25,660 additional slots lost and 4,422 total or 
2,948 additional teachers no longer employed. As described in previous 
sections, we strongly believe that more intensive, focused professional 
development is critical to improving teaching quality and thereby 
increasing impacts on child outcomes. However, we believe it would be 
inefficient to mandate that every teacher receive intensive 
individualized coaching when other local professional development needs 
may need to be met. The regulatory action we propose will achieve our 
goal of improving teacher practices by targeting teachers most in need 
of coaching to improve their teaching practices while still maintaining 
local flexibility for individualized professional development.

----------------------------------------------------------------------------------------------------------------
                                                                              Proposed (one
                                                           Status quo (no   third of teachers      All 64,000
                                                             coaching)          receiving          receiving
                                                                                coaching)           coaching
----------------------------------------------------------------------------------------------------------------
Financial Cost.........................................                  0       $106,675,000       $320,025,000
Loss in students served................................                  0             12,830             38,490
Loss in teacher jobs...................................                  0              1,474              4,422
----------------------------------------------------------------------------------------------------------------


[[Page 35524]]

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act (UMRA) \394\ was enacted to avoid 
imposing unfunded federal mandates on state, local, and tribal 
governments, or on the private sector. Most of UMRA's provisions apply 
to proposed and final rules for which a general notice of proposed 
rulemaking was published, and that include a federal mandate that may 
result in expenditures by state, local, or tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year. This NPRM will not impose unfunded mandates on state, local, and 
tribal governments, or on the private sector.
---------------------------------------------------------------------------

    \394\ 2 U.S.C. 1501 et seq.
---------------------------------------------------------------------------

Treasury and General Government Appropriations Act of 1999

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires federal agencies to determine whether a policy or 
regulation may negatively affect family well-being. If the agency 
determines a policy or regulation negatively affects family well-being, 
then the agency must prepare an impact assessment addressing seven 
criteria specified in the law. This rule will not have any impact on 
the autonomy or integrity of the family as an institution. Accordingly, 
we conclude that it is not necessary to prepare a family policymaking 
assessment.\395\
---------------------------------------------------------------------------

    \395\ Pub. L. 105-277
---------------------------------------------------------------------------

Federalism Assessment Executive Order 13132

    Executive Order 13132 requires federal agencies to consult with 
state and local government officials if they develop regulatory 
policies with federalism implications. Federalism is rooted in the 
belief that issues that are not national in scope or significance are 
most appropriately addressed by the level of government close to the 
people. This proposed rule will not have substantial direct impact on 
the states, on the relationship between the federal government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this proposed rule does 
not have sufficient federalism implications to warrant the preparation 
of a federalism summary impact statement.

Congressional Review

    The Congressional Review Act (CRA) allows Congress to review 
``major'' rules issued by federal agencies before the rules take 
effect.\396\ The CRA defines a major rule as one that has resulted or 
is likely to result in (1) an annual effect on the economy of $100 
million or more; (2) a major increase in costs or prices for consumers, 
individual industries, federal, state or local government agencies, or 
geographic regions; or (3) significant adverse effects on competition, 
employment, investment, productivity, or innovation, or on the ability 
of United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets.\397\ This regulation is a 
major rule because it will likely result in an annual effect of more 
than $100 million on the economy.
---------------------------------------------------------------------------

    \396\ 5 U.S.C. 802(a).
    \397\ 5 U.S.C. Chapter 8.
---------------------------------------------------------------------------

Paperwork Reduction Act of 1995

    Sections 1302 and 1303 contain new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507 (d)), the Administration for Children and Families has 
submitted a copy of these sections to the Office of Management and 
Budget (OMB) for its review. OMB regulations define ``information'' as 
any statement or estimate of fact or opinion, regardless of form or 
format, whether numerical, graphic, or narrative form, and whether oral 
or maintained on paper, electronic or other media.\398\ This includes 
requests for information to be sent to the government, such as forms, 
written reports, and surveys, recordkeeping requirements, and third-
party or public disclosures.\399\ Descriptions of the information 
collections and estimates of the annual reporting, recordkeeping, and 
third-party disclosure burden are as follows:
---------------------------------------------------------------------------

    \398\ 5 CFR 1320.3(h).
    \399\ 5 CFR 1320.3(c).
---------------------------------------------------------------------------

    Title: Head Start Grants Administration.
    Description: We propose information collections related to the 
protection for the privacy of child records. These requirements include 
a new collection of parental written consent before disclosing 
personally identifiable information from child records, an annual 
notice that notify parents of their rights described in Sec.  1303.20 
through 1303.24, applicable definitions in 1305, and a description of 
PII that may be disclosed without parental consent, and a recordkeeping 
requirement that the program must maintain, with each child's record, a 
list of all individuals, agencies, or organizations that have requested 
or obtained access to PII from child records and their expressed 
interests.
    Title: Head Start Performance Standards.
    Description: We propose a new requirement to codify best practice 
in assessing dual language learners (DLL). Specifically, we require 
programs to administer language assessments to dual language learners 
in both English and their home language, either directly or through 
interpreters.
    We propose to strengthen background check procedures by requiring 
both state/local/tribal and federal criminal background checks, as well 
as clearance through available child abuse and neglect and sex offender 
registries. Making this requirement consistent with the Office of Child 
Care's requirement will minimize burden on programs that operate with 
both Head Start and Child Care Development Funds. This will increase 
the record-keeping burden related to criminal record checks.
    Description of Respondents and Burden Estimate: The total annual 
burden hours estimated is 472,894 hours. For some items, burden hours 
are calculated for individual children and families, for others the 
burden hours are calculated for staff. The burden hours table and Key 
that follows the table indicate the basis for each calculation. See the 
Regulatory Impact Analysis section for cost estimations.
    ACF estimates the burden for these collections of information as 
follows:

[[Page 35525]]



 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Number of  responses    Average  burden per
      Information collection           OMB Control  No.     Number of  respondents      per  respondent            response         Total burden  hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Annual Reporting Burden Estimates
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A...............................  N/A...................  N/A...................  N/A...................  N/A..................  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual Recording Keeping Burden Estimates
--------------------------------------------------------------------------------------------------------------------------------------------------------
Head Start Grants Administration--  0970-0423.............  988,923 (F)...........  1.....................  20 minutes...........  329,641
 Sec.   1303.22, 1303.24 Parental
 Consent, Annual Notice, and
 Recordkeeping of PII Disclosure.
Head Start Performance Standards--  0970-0148.............  332,651 (C)...........  1.....................  2 hours..............  665,302
 Sec.   1302.33 Language
 Assessments of Dual Language
 Learners.
Head Start Performance Standards--  0970-0148.............  73,591 (S)............  1.....................  20 minutes...........  24,530
 Sec.   1302.93 Background Checks.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Annual Third-Party Disclosure Burden Estimates
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A...............................  N/A...................  N/A...................  N/A...................  N/A..................  N/A
                                                                                                                                  ----------------------
    Total Burden Hours............  ......................  ......................  ......................  .....................  1,019,473
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key: C = Children, F = Families, S = Staff

    ACF invites comments on: (1) Whether the proposed collection of 
information is necessary for the proper performance of Head Start and 
Early Head Start Grants, including whether the information will have 
practical utility; (2) the accuracy of ACF's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate and other forms of information technology. To ensure that 
public comments have maximum effect in developing the final 
regulations, ACF urges that each comment clearly identify the specific 
section or sections of the regulations that the comment addresses and 
that comments be in the same order as the regulations.
    For informational purposes, collections of information that will no 
longer be required are described below:

     Head Start Grants Administration. The NPRM, at part 
1301, removed certain requirements for grantee agencies including 
the submission of audits, accounting systems certifications, and 
provisions applicable to personnel management.
     Appeal Procedures for Head Start. Grantees and Current 
or Prospective Delegate Agencies--The NPRM removed the appeal 
procedures by delegate agencies that came from denials or failure to 
act by grantees. It also removed the appeal procedures by a grantee 
of a suspension continuing for more than 30 days.
     Head Start Program Performance Standards. Numerous 
record-keeping requirements were removed which will result in a 
decrease in burden, i.e. documentation of the level of effort 
undertaken to establish community partnerships, written records of 
roles and responsibilities for each governing body members, the 
annual written and approval of plans for implementation services for 
each program area, provisions applicable to personnel management, 
and record-keeping and sharing of a set of community services and 
resources.
     Purchase, Construction and Major Renovation of Head 
Start Facilities. Some requirements were removed that involved 
collection of information that will result in a reduction in burden, 
including the submission of drawings and specifications, costs 
related to installation of modular unit, statement of procurement 
procedure for modular units, and obtaining an independent analysis 
of the cost comparison.

    OMB is required to make a decision concerning the collections of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment to the Department on the proposed 
regulations. Written comments to OMB for the proposed information 
collection should be sent directly to the following: Office of 
Management and Budget, Paperwork Reduction Project, Fax: 202-395-7285, 
or [email protected], Attention: Desk Officer for the 
Administration for Children and Families. All comments should be 
identified with the title, ``NPRM for Head Start Performance 
Standards''.

List of Subjects

45 CFR Part 1301

    Administrative practice and procedure, Education of disadvantaged, 
Grant programs-social programs.

45 CFR Part 1302

    Education of disadvantaged, Grant programs-social programs.

45 CFR Part 1303

    Administrative practice and procedure, Education of disadvantaged, 
Grant programs-social programs, Reporting and recordkeeping 
requirements.

45 CFR Part 1304

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

45 CFR Part 1305

    Education of disadvantaged, Grant programs-social programs.

45 CFR Part 1306

    Education of disadvantaged, Grant programs-social programs.

[[Page 35526]]

45 CFR Part 1307

    Education of disadvantaged, Grant programs-social programs

45 CFR Part 1308

    Education of disadvantaged, Grant programs-social programs, Health 
care, Individuals with disabilities, Nutrition, Reporting and 
recordkeeping requirements.

45 CFR Part 1309

    Education of disadvantaged, Grant programs-social programs, Real 
property acquisition.

45 CFR Part 1310

    Education of disadvantaged, Grant programs-social programs, 
Transportation.

45 CFR Part 1311

    Education of disadvantaged, Grant programs-social programs, 
Scholarships and fellowships.

    Dated: January 6, 2015.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
    Approved: January 6, 2015.
Sylvia M. Burwell,
Secretary.

Proposed Regulation Text

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 9801 et seq., we propose to revise subchapter B of 45 CFR 
Chapter XIII to read as follows:

SUBCHAPTER B--THE ADMINISTRATION FOR CHILDREN AND FAMILIES, HEAD START 
PROGRAM

PART 1301--PROGRAM GOVERNANCE

PART 1302--PROGRAM OPERATIONS

PART 1303--FINANCIAL AND ADMINISTRATIVE REQUIREMENTS

PART 1304--FEDERAL ADMINISTRATIVE PROCEDURES

PART 1305--DEFINITIONS

PART 1301--PROGRAM GOVERNANCE

Sec.
1301.1 In general.
1301.2 Training.
1301.3 Governing body.
1301.4 Policy councils and policy committees.
1301.5 Impasse procedures.


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


Sec.  1301.1  In general.

    An agency must establish and maintain a formal structure for 
program governance that includes a governing body and policy groups. 
Governing bodies have a legal and fiscal responsibility to administer 
and oversee the agency's Head Start and Early Head Start programs. 
Policy councils are responsible for the direction of the agency's Head 
Start and Early Head Start programs.


Sec.  1301.2  Training.

    An agency must provide appropriate training and technical 
assistance or orientation to the governing body and any advisory 
committee members and the policy council, including training on program 
performance standards to ensure the members understand the information 
they receive and can effectively oversee and participate in the 
programs in the Head Start agency.


Sec.  1301.3  Governing body.

    (a) Composition. The composition of a governing body must be in 
accordance with the requirements specified at section 642(c)(1)(B) of 
the Act, except where specific exceptions are authorized in the case of 
public entities at section 642(c)(1)(D) of the Act. Agencies must 
ensure members of the governing body do not have a conflict of 
interest, pursuant to section 642(c)(1)(C) of the Act.
    (b) Duties and responsibilities. (1) The governing body is 
responsible for activities specified at section 642(c)(1)(E) of Act.
    (2) The governing body must rely on ongoing monitoring results, 
school readiness goals, and information described at section 642(d)(2) 
of the Act to conduct its responsibilities.
    (c) Advisory committees. A governing body may, at its own 
discretion, establish an advisory committee to oversee key 
responsibilities related to program governance, including supervision 
of program management, provided the governing body establishes written 
procedures that:
    (1) Specify that the governing body retains legal and fiscal 
responsibility for the Head Start agency as required under section 642 
(c)(1)(A) of the Act even if it establishes an advisory committee;
    (2) Describe key responsibilities, specific duties, actions, and 
obligations the advisory committee must fulfill in overseeing 
responsibilities related to program governance;
    (3) Specify how and with what frequency, but not less than twice a 
year, the advisory committee will keep the governing body apprised of 
its decisions related to program governance; and,
    (4) Describe the membership of the advisory committee and the 
process for how members are selected, including requiring that members 
of the advisory committee meet the same composition requirements that 
apply to governing bodies in section 642(c)(1)(B) of the Act. Such 
procedures must prohibit any conflict of interest described in section 
642(c)(1)(C). If a governing body intends to establish an advisory 
committee to oversee key responsibilities related to program 
governance, it must do so by written agreement and must notify the 
responsible HHS official by submission of such agreement prior to its 
effective date.


Sec.  1301.4  Policy councils and policy committees.

    (a) In general. Each agency must establish and maintain a policy 
council responsible for the direction of the Head Start program at the 
agency level and a policy committee at the delegate level. If an agency 
has delegated operational responsibility for the entire Head Start or 
Early Head Start program to one delegate agency, the policy council and 
policy committee can be the same entity.
    (b) Composition. A program must establish a policy council in 
accordance with section 642(c)(2)(B) of the Act, or a policy committee 
at the delegate level in accordance with section 642(c)(3) of the Act, 
as early in the program year as possible. Parents of children currently 
enrolled in a program option must be proportionately represented on 
policy groups. The program must ensure members of policy groups do not 
have a conflict of interest pursuant to sections 642(c)(2)(C) and 
642(c)(3)(B) of the Act.
    (c) Duties and responsibilities. (1) A policy council is 
responsible for activities specified at section 642(c)(2)(D) of the 
Act. A policy committee must approve and submit to the delegate agency 
its decisions in each of the following areas referenced at section 
642(c)(2)(D)(i) through (vii) of the Act.
    (2) A policy council, and a policy committee at the delegate level, 
must rely on ongoing monitoring results, school readiness goals, and 
information described in section 642(d)(2) of the Act to conduct its 
responsibilities.
    (d) Term.(1) A member will serve for one year.
    (2) If the member intends to serve for another year, s/he must 
stand for re-election.
    (3) The policy group must include in its bylaws how many one-year 
terms, not to exceed five terms, a person may serve.
    (4) A program cannot dissolve a policy group until a successor 
group is seated.

[[Page 35527]]

    (e) Reimbursement. A program must enable low-income members to 
participate fully in their policy council or policy committee 
responsibilities by providing, if necessary, reimbursements for 
reasonable expenses incurred by the members.


Sec.  1301.5  Impasse procedures.

    (a) Each agency's governing body and policy group jointly must 
establish written procedures for resolving internal disputes that 
include impasse procedures between the governing board and policy 
group.
    (b) A program must establish and follow impasse procedures that:
    (1) Demonstrate that the governing body considers recommendations 
from the policy group;
    (2) Require the governing body to notify the policy group in 
writing why it does not accept a recommendation;
    (3) Describe a process and a timeline to resolve issues and reach 
decisions that are not arbitrary, capricious, or illegal; and,
    (4) Require the governing body to notify the policy group in 
writing of its final decision.

PART 1302--PROGRAM OPERATIONS

Sec.
1302.1 Overview.
Subpart A--Eligibility, Recruitment, Selection, Enrollment, and 
Attendance
1302.10 In general.
1302.11 Determining community strengths and needs.
1302.12 Determining, verifying, and documenting eligibility.
1302.13 Recruitment of children.
1302.14 Selection process.
1302.15 Enrollment.
1302.16 Attendance.
1302.17 Suspension and expulsion.
1302.18 Fees.
Subpart B--Program Structure
1302.20 In general.
1302.21 Center-based option.
1302.22 Home-based option.
1302.23 Family child care option.
1302.24 Locally-designed program option variations.
Subpart C--Education and Child Development Program Services
1302.30 In general.
1302.31 Teaching and the learning environment.
1302.32 Curriculum.
1302.33 Child screenings and assessments.
1302.34 Parent involvement.
1302.35 Education in home-based programs.
Subpart D--Health Program Services
1302.40 In general.
1302.41 Collaboration and communication with parents.
1302.42 Child health status and care.
1302.43 Tooth brushing.
1302.44 Child nutrition.
1302.45 Child mental health.
1302.46 Family support services for health, nutrition, and mental 
health.
1302.47 Safety practices.
Subpart E--Family & Community Partnership Program Services
1302.50 In general.
1302.51 Parent activities to promote child learning and development.
1302.52 Family partnership services.
1302.53 Community partnerships.
Subpart F--Additional Services for Children With Disabilities
1302.60 In general.
1302.61 Additional services for children.
1302.62 Additional services for parents.
1302.63 Coordination and collaboration with the local agency 
responsible for implementing the IDEA.
Subpart G--Transition Services
1302.70 Transitions from Early Head Start.
1302.71 Transitions from Head Start to kindergarten.
1302.72 Transitions between programs.
Subpart H--Services to Enrolled Pregnant Women
1302.80 Enrolled pregnant women.
1302.81 Prenatal and postpartum services.
1302.82 Family partnership services for enrolled pregnant women.
Subpart I--Human Resources Management
1302.90 Personnel policies.
1302.91 Staff qualification requirements.
1302.92 Training and professional development.
1302.93 Staff health and wellness.
1302.94 Volunteers.
Subpart J--Program Management and Quality Improvement
1302.100 In general.
1302.101 Management system.
1302.102 Achieving program performance goals.
1302.103 Implementation of program performance standards.


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


Sec.  1302.1  Overview.

    (a) Section 645 of the Act directs the Secretary to prescribe by 
regulation who is eligible to participate in Head Start programs. 
Section 645A gives the Secretary the authority to prescribe 
requirements for Early Head Start programs. Section 641A(a)(1) directs 
the Secretary of Health and Human Services to review and revise, as 
necessary, Head Start program performance standards including those 
standards related to health, parent involvement, nutritional and social 
services, transition activities and other services. This section was 
amended in 2007 to include ``scientifically based and developmentally 
appropriate education performance standards related to school readiness 
that are based on the Head Start Child Outcomes Framework.'' The 
section further requires the Office of Head Start to include standards 
for management, conditions for facilities, and any other standards the 
Secretary determines. The section requires that revisions do not result 
in the elimination of or any reduction in quality, scope or types of 
services required by the 2007 amendments.
    (b) This part implements these statutory requirements by describing 
all of the program performance standards which are required to operate 
Head Start, Early Head Start, American Indian/Alaska Native and Migrant 
and Seasonal Head Start programs. The part covers the full range of 
operations from enrolling eligible children and providing program 
services to those children and their families, to managing programs to 
ensure staff are qualified and supported to effectively provide 
services. This part also focuses on using data through ongoing program 
improvement to ensure high quality service. As required in the Act, 
these provisions do not narrow the scope or quality of services covered 
in previous regulations. Instead, these regulations raise the quality 
standard to reflect science and best practices, and streamline and 
simplify requirements so programs can better understand what is 
required for quality services.

Subpart A--Eligibility, Recruitment, Selection, Enrollment, and 
Attendance


Sec.  1302.10  In general.

    This subpart describes requirements of prospective grantees for 
determining community needs and recruitment areas. It contains 
requirements and procedures for the eligibility determination, 
recruitment, selection, enrollment and attendance of children and 
explains the policy concerning the charging of fees.


Sec.  1302.11  Determining community strengths and needs.

    (a) Service area. (1) A program must propose a service area in the 
grant application and define the area by county or sub-county area, 
such as a municipality, town or census tract or jurisdiction of a 
federally recognized Indian reservation.
    (i) A tribal program may propose a service area that includes areas 
where members of Indian tribes or those eligible for such membership 
reside, including but not limited to Indian reservation land, areas 
designated as near-reservation by the Bureau of Indian Affairs (BIA) 
provided that the service area is approved by the tribe's governing

[[Page 35528]]

council, Alaska Native Villages, Alaska Native Regional Corporations 
with land-based authorities, Oklahoma Tribal Statistical Areas, and 
Tribal Designated Statistical Areas where federally recognized Indian 
tribes do not have a federally established reservation.
    (ii) If the tribe's service area includes any land-base specified 
in paragraph (a)(1)(i) of this section, and that area is also served by 
another program, the tribe may serve children from families who are 
members of or eligible to be members of such tribe and who reside in 
such areas as well as children from families who are not members of the 
tribe, but who reside within the tribe's established land-base.
    (2) If a program decides to change the service area after ACF has 
approved its grant application, the program must submit to ACF a new 
service area proposal.
    (b) Community assessment. (1) To design a program that meets 
community needs, a program must conduct a community assessment at least 
once over the 5-year grant period. The community assessment must 
include current service area estimates of:
    (i) Eligible infants, toddlers, preschool age children, and 
expectant mothers, including their geographic location, race, 
ethnicity, and languages they speak;
    (ii) Families with young children experiencing homelessness;
    (iii) Young children in foster care;
    (iv) Other child development, child care centers, and family child 
care programs that serve eligible children, including home visiting, 
publicly funded state and local preschools, and the approximate number 
of eligible children served;
    (v) Typical work, school, and training schedules of parents with 
eligible children;
    (vi) Children with disabilities, four years old or younger, 
including types of disabilities and relevant services and resources 
provided to these children by community agencies;
    (vii) The education, health, nutrition and social service needs of 
eligible children and their families; and,
    (viii) Resources that are available in the community to address the 
needs of eligible children and their families.
    (2) A program must annually review and update the community 
assessment to reflect any significant changes including increased 
availability of publicly-funded full-day pre-kindergarten, rates of 
family and child homelessness, and significant shifts in community 
demographics.
    (3) A program must consider whether the characteristics of the 
community allow it to operate classrooms that include children from 
diverse economic backgrounds, in addition to the program's eligible 
funded enrollment.


Sec.  1302.12  Determining, verifying, and documenting eligibility.

    (a) Process overview. (1) Program staff must:
    (i) Conduct an in-person interview with each family, unless 
paragraph (a)(2) of this section applies;
    (ii) Verify information as required in paragraphs (h) through (i) 
of this section; and,
    (iii) Create an eligibility determination record for enrolled 
participants according to paragraph (k) of this section.
    (2) Program staff may interview the family over the telephone if an 
in-person interview is not possible. In addition to meeting the 
criteria provided in paragraph (a)(1) of this section, program staff 
must note in the eligibility determination record reasons why the in-
person interview was not possible.
    (3) If a program has an alternate method to reasonably determine 
eligibility based on its community assessment, geographic and 
administrative data, or from other reliable data sources, it may 
petition the responsible HHS official to waive requirements in 
paragraphs (a)(1)(i) and (ii).
    (b)Age requirements. (1) For Early Head Start, except when the 
child is transitioning to Head Start, a child must be an infant or a 
toddler younger than three years old.
    (2) For Head Start, a child must:
    (i) Be at least three years old or, turn three years old by the 
date used to determine eligibility for public school in the community 
in which the Head Start program is located; and,
    (ii) Be no older than the age required to attend school.
    (3) For Migrant or Seasonal Head Start, a child must be younger 
than compulsory school age by the date used to determine public school 
eligibility for the community in which the program is located.
    (c) Eligibility requirements. (1) A pregnant woman or a child is 
eligible if:
    (i) The family's income is equal to or below the poverty line; or
    (ii) The family is eligible for or, in the absence of child care, 
would be potentially eligible for public assistance; or
    (iii) The child is homeless, as defined in part 1305 of this 
chapter; or
    (iv) The child is in foster care.
    (2) If the family does not meet a criterion under paragraph (c)(1) 
of this section, a program may enroll a pregnant woman or a child who 
would benefit from services, provided that these participants only make 
up to 10 percent of a program's enrollment in accordance with paragraph 
(d) of this section.
    (d) Additional allowances for programs. (1) A program may enroll an 
additional 35 percent of participants whose families do not meet a 
criterion described in paragraph (c) of this section and whose incomes 
are below 130 percent of the poverty line, if the program:
    (i) Establishes and implements outreach, and enrollment policies 
and procedures to ensure it is meeting the needs of eligible pregnant 
women, children, and children with disabilities, before serving 
ineligible pregnant women or children; and,
    (ii) Establishes criteria that ensure eligible pregnant women and 
children are served first.
    (2) If a program chooses to enroll participants who do not meet a 
criterion in paragraph (c) of this section, and whose family incomes 
are between 100 and 130 percent of the poverty line, it must be able to 
report to the Head Start regional program office:
    (i) How it is meeting the needs of low-income families or families 
potentially eligible for public assistance, homeless children, and 
children in foster care, and include local demographic data on these 
populations;
    (ii) Outreach and enrollment policies and procedures that ensure it 
is meeting the needs of eligible children or pregnant women, before 
serving over-income children or pregnant women;
    (iii) Efforts, including outreach, to be fully enrolled with 
eligible pregnant women or children;
    (iv) Policies, procedures, and selection criteria it uses to serve 
eligible children;
    (v) Its current enrollment and its enrollment for the previous 
year;
    (vi) The number of pregnant women and children served, 
disaggregated by whether they are eligible or meet the over-income 
requirement in paragraph (c)(2) of this section; and,
    (vii) The eligibility criteria category of each child on the 
program's waiting list.
    (e) Additional allowances for Indian tribes. (1) Notwithstanding 
paragraph (c)(2) of this section, a tribal program may fill more than 
10 percent of its enrollment with participants who are not otherwise 
eligible, if:
    (i) The program has served all eligible pregnant women or children 
who wish to be enrolled from Indian and non-Indian families living 
within the land-base of the tribal agency;

[[Page 35529]]

    (ii) The program has served all eligible Indian pregnant women or 
children who wish to be enrolled residing in the program's approved 
service area;
    (iii) The tribe has resources within its grant, without using 
additional funds from HHS intended to expand Early Head Start or Head 
Start services, to enroll pregnant women or children whose family 
incomes exceed low-income guidelines or who are not categorically 
eligible; and,
    (iv) At least 51 percent of the program's participants meet an 
eligibility criterion under paragraph (c) of this section.
    (2) If another program does not serve a non-reservation area, the 
program must serve all eligible Indian and non-Indian pregnant women or 
children who wish to enroll before serving over-income pregnant women 
or children.
    (3) A program that meets the conditions of this paragraph must 
annually set criteria that are approved by the policy council and the 
tribal council for selecting over-income pregnant women or children who 
would benefit from program services.
    (4) An Indian tribe or tribes that operates both an Early Head 
Start program and a Head Start program may, at its discretion, at any 
time during the grant period involved, reallocate funds between the 
Early Head Start program and the Head Start program in order to address 
fluctuations in client populations, including pregnant women and 
children from birth to compulsory school age. The reallocation of such 
funds between programs by an Indian tribe or tribes during a year may 
not serve as a basis for any reduction of the base grant for either 
program in succeeding years.
    (f) Migrant or Seasonal eligibility requirements. A child is 
eligible for Migrant or Seasonal Head Start, if the family meets an 
eligibility criterion in paragraph (c) of this section; or, the family 
meets a categorical requirement in paragraph (d) of this section; and 
the family's income comes primarily from agricultural work.
    (g) Eligibility requirements for communities with 1,000 or fewer 
individuals. (1) A program may establish its own criteria for 
eligibility provided that it meets the criteria outlined in section 
645(a)(2) of the Act.
    (2) No child residing in such community whose family is eligible 
under criteria described in paragraphs (c) through (f) of this section, 
may be denied an opportunity to participate in the program under the 
eligibility criteria established under this paragraph.
    (h) Verifying age. Program staff must verify a child's age 
according to program policies and procedures. A program's policies and 
procedures cannot require staff to collect documents that confirm a 
child's age, if doing so creates a barrier for the family to enroll the 
child.
    (i) Verifying eligibility. (1) To verify eligibility based on 
income, program staff must use tax forms, pay stubs, or other proof of 
income to determine the family income for the relevant time period.
    (i) If the family cannot provide all tax forms, pay stubs, or other 
proof of income for the relevant time period, program staff may accept 
written statements from employers for the relevant time period and use 
information provided to calculate total annual income with appropriate 
multipliers.
    (ii) If the family reports no income for the relevant time period, 
a program may accept the family's signed declaration to that effect, if 
program staff describes efforts made to verify the family's income, and 
explains how the family's total income was calculated or seeks 
information from third parties about the family's eligibility, if the 
family gives written consent. If a family gives consent to contact 
third parties, program staff must adhere to program safety and privacy 
policies and procedures and ensure the eligibility determination record 
adheres to paragraph (k)(2) of this section.
    (iii) If the family can demonstrate a significant change in income 
for the relevant time period, program staff may consider current income 
circumstances.
    (2) To verify whether a family is eligible for, or in the absence 
of child care, would be potentially eligible for public assistance, the 
program must have documentation from either the state, local, or tribal 
public assistance agency that shows the family either receives public 
assistance or that shows the family is potentially eligible to receive 
public assistance.
    (3) To verify whether a family is homeless, a program may accept a 
written statement from a homeless services provider, school personnel, 
or other service agency attesting that the child is homeless or any 
other documentation that indicates homelessness, including 
documentation from a public or private agency, a declaration, 
information gathered on enrollment or application forms, or notes from 
an interview with staff to establish the child is homeless, as defined 
in Sec.  1305.2 of this chapter; or any other document that establishes 
homelessness.
    (i) If a family can provide one of the documents described in 
paragraph (i)(1) of this section, program staff must described efforts 
made to verify the accuracy of the information provided and, states 
whether the family is categorically eligible.
    (ii) If a family cannot provide one of the documents described in 
paragraph (i)(5) of this section to prove the child is homeless, a 
program may accept the family's signed declaration to that effect, if, 
in a written statement, program staff:
    (A) Describe the efforts made to verify that a child is homeless, 
as defined in part1305 of this chapter; and,
    (B) Describe the child's living situation, including the specific 
condition described in Sec.  1305.2 of this chapter under which the 
child was determined to be homeless.
    (iii) Program staff may seek information from third parties who 
have first-hand knowledge about a family's living situation, if the 
family gives written consent. If the family gives consent to contact 
third parties, program staff must adhere to program privacy policies 
and procedures and ensure the eligibility determination record adheres 
to paragraph (k)(2)(i)(B) of this section.
    (4) To verify whether a child is in foster care, program staff must 
accept either a court order or other legal or government-issued 
document, a written statement from a government child welfare official 
that demonstrates the child is in foster care, or proof of a foster 
care payment.
    (j) Eligibility duration. (1) If a child is determined eligible 
under this section and is participating in a Head Start program, he or 
she will remain eligible through the end of the succeeding program year 
except that the Head Start program may choose not to enroll a child 
when there are compelling reasons for the child not to remain in Head 
Start, such as when there is a change in the child's family income and 
there is a child with a greater need for Head Start services.
    (2) Children who are enrolled in a program receiving funds under 
the authority of section 645A of the Act remain eligible while they 
participate in the program.
    (3) If a child moves from an Early Head Start program to a Head 
Start program, program staff must verify the family's eligibility 
again.
    (4) If a program operates both an Early Head Start and a Head Start 
program, and the parents wish to enroll their child who has been 
enrolled in the program's Early Head Start, the program must ensure, 
whenever possible, the child receives Head Start services until 
enrolled in school.

[[Page 35530]]

    (k) Records. (1) A program must keep eligibility determination 
records for each participant and ongoing training records for program 
staffs. A program may keep these records electronically.
    (2) Each eligibility determination record must include:
    (i) Copies of any documents or statements, including declarations, 
that are deemed necessary to verify eligibility under paragraphs (h) 
and (i) of this section;
    (ii) A statement that program staff has made reasonable efforts to 
verify information by:
    (A) Conducting either an in-person, or a telephonic interview with 
the family as described under paragraph (a) of this section; and
    (B) Describing efforts made to verify eligibility, as required 
under paragraphs (h) through (i) of this section; and, collecting 
documents required for third party verification that includes the 
family's written consent to contact each third party, the third 
parties' names, titles, and affiliations, and information from third 
parties regarding the family's eligibility.
    (iii) A statement that identifies whether:
    (A) The family's income is below income guidelines for its size, 
and lists the family's size;
    (B) The family is eligible for or, in the absence of child care, 
potentially eligible for public assistance;
    (C) The child is a homeless child, as defined at part 1305 of this 
chapter including the specific condition described in part 1305 under 
which the child was determined to be homeless, or the child is in 
foster care;
    (D) The family meets the over-income requirement in paragraph 
(c)(2) of this section; or
    (E) The family meets alternative criteria under paragraph (d) of 
this section.
    (3) A program must keep eligibility determination records for those 
currently enrolled, as long as they are enrolled, and, for one year 
after they have either stopped receiving services; or are no longer 
enrolled.
    (l) Program policies and procedures on violating eligibility 
determination regulations. A program must establish policies and 
procedures that describe all actions taken against staff who 
intentionally violate federal and program eligibility determination 
regulations and who enroll pregnant women and children that are not 
eligible to receive Early Head Start or Head Start services.
    (m) Training. (1) A program must train all governing body, policy 
council, management, and staff who determine eligibility on applicable 
federal regulations and program policies and procedures. Training must, 
at a minimum:
    (i) Include methods on how to collect complete and accurate 
eligibility information from families and third party sources;
    (ii) Incorporate strategies for treating families with dignity and 
respect and for dealing with possible issues of domestic violence, 
stigma, and privacy; and,
    (iii) Explain program policies and procedures that describe actions 
taken against staff, families, or participants who attempt to provide 
or intentionally provide false information.
    (2) A program must train management and staff members who make 
eligibility determinations within 90 days following the effective date 
of this rule, and as soon as possible, but within 90 days of hiring new 
staff after the initial training has been conducted.
    (3) A program must train all governing body and policy council 
members within 180 days following the effective date of this rule, and 
within 180 days of the beginning of the term of a new governing body or 
policy council member after the initial training has been conducted.
    (4) A program must develop policies on how often training will be 
provided after the initial training.


Sec.  1302.13  Recruitment of children.

    In order to reach those most in need of services, a program must 
develop and implement a recruitment process designed to actively inform 
all families with eligible children within the recruitment area of the 
availability of program services, encourage and assist them in applying 
for admission to the program, and include specific efforts to actively 
locate and recruit children with disabilities.


Sec.  1302.14  Selection process.

    (a) Selection criteria. (1) A program must annually establish 
selection criteria that weighs the prioritization of selection of 
participants, based on community needs identified in the community 
needs assessment as described in Sec.  1302.11(b), and including family 
income, whether the child is homeless, whether the child is in foster 
care, the child's age, whether the child is eligible for special 
education and related services, or early intervention services, as 
appropriate, as determined under the Individuals with Disabilities 
Education Act (IDEA) (20 U.S.C. 1400 et seq.) and, other relevant 
family or child risk factors.
    (2) If a program serves migrant or seasonal families, it must 
select participants according to criteria in paragraph (a)(1) of this 
section, and give priority to children whose families can demonstrate 
they have relocated frequently within the past two-years to pursue 
agricultural work.
    (3) If a program operates in a service area with high quality 
publicly funded pre-kindergarten that is available for a full school 
day, the program must prioritize child age to serve younger children.
    (4) A program must not deny enrollment based on a disability or 
chronic health condition or its severity.
    (b) Children eligible for IDEA services. (1) A program must ensure 
at least 10 percent of its total enrollment is children eligible for 
IDEA services, unless the responsible HHS official grants a waiver.
    (2) If the requirement in paragraph (b)(1) of this section has been 
met, children eligible for IDEA services should be prioritized for the 
available slots in accordance with the program's selection criteria.
    (c) Waiting lists. A program must develop at the beginning of each 
enrollment year and maintain during the year a waiting list that ranks 
children according to the program's selection criteria.


Sec.  1302.15  Enrollment.

    (a) Funded enrollment. A program must maintain its funded 
enrollment level and fill any vacancy within 30 days.
    (b) Continuity of enrollment. (1) A program must make efforts to 
maintain enrollment of eligible children for the following year.
    (2) Children who are enrolled in a program receiving funds under 
the authority of section 645A of the Act remain income eligible while 
they participate in the program. When a child moves from a program 
serving infants and toddlers to a Head Start program serving children 
age three and older, the program must verify family income again.
    (3) Under exceptional circumstances, a program may maintain a 
child's enrollment for a third year, provided that family income is 
verified again.
    (4) If a program serves homeless children or children in foster 
care, it must make efforts to maintain the child's enrollment 
regardless of whether the family or child moves to a different service 
area, or transition the child to a program in a different service area, 
as required in Sec.  1302.72(b), according to the family's needs.

[[Page 35531]]

    (c) Reserved slots. If a program determines from the community 
assessment there are families experiencing homelessness in the area, or 
children in foster care that could benefit from services, the program 
may reserve one or more enrollment slots for pregnant women and 
children experiencing homelessness and children in foster care, when a 
vacancy occurs. No more than 3 percent of a program's funded enrollment 
slots may be reserved. If the reserved enrollment slot is not filled 
within 30 days, the enrollment slot becomes vacant and then must be 
filled within 30 days in accordance with paragraph (a) of this section.
    (d) Other enrollment. A program should consider whether it is 
feasible to enroll children from diverse economic backgrounds who would 
be funded from other sources that include private pay, in addition to 
the program's eligible funded enrollment.
    (e) State immunization enrollment requirements. A program must 
comply with state immunization enrollment and attendance requirements, 
with the exception of homeless children as described in Sec.  
1302.16(c)(1).


Sec.  1302.16  Attendance.

    (a) Promoting regular attendance. A program must track attendance 
for each child.
    (1) If a child is unexpectedly absent and a parent has not 
contacted the program within 1 hour of program start time, the program 
must contact the parent to ensure the child is safe.
    (2) If a child has four or more consecutive unexcused absences or 
is frequently absent program staff must conduct a home visit or other 
direct contact with the child's parents to emphasize the benefits of 
regular attendance, while at the same time remaining sensitive to 
family circumstances, and, provide support services, as necessary, to 
promote the child's regular attendance.
    (3) If a child ceases to attend a program and the program is either 
unable to contact the child's family and the program makes appropriate 
effort, as described in paragraph (a)(2) of this section, and the 
child's attendance does not resume, then the program must consider that 
slot vacant. This action is not considered expulsion as described in 
Sec.  1302.17.
    (b) Managing systematic program attendance issues. If a program's 
monthly average daily attendance rate falls below 85 percent, the 
program must analyze the causes of absenteeism to identify any 
systematic issues that contribute to the program's absentee rate. The 
program must use this data to make necessary changes in a timely manner 
as part of ongoing oversight and correction as described in Sec.  
1302.102(b) and inform its continuous improvement efforts as described 
in Sec.  1302.102(c).
    (c) Supporting attendance of homeless children. (1) If a program 
determines a child is categorically eligible under Sec.  
1302.12(c)(1)(iii), it must allow the child to attend for up to 90 
days, without immunization and other medical records, proof of 
residency, birth certificates, or other documents to give the family 
reasonable time to present these documents.
    (2) If a child experiencing homelessness is unable to attend 
classes regularly because the family does not have transportation to 
and from the program facility, the program must utilize community 
resources, where possible, to provide transportation for the child.


Sec.  1302.17  Suspension and expulsion.

    (a) Limitations on suspension. (1) A program must prohibit or 
severely limit the use of suspension.
    (2) Temporary suspensions for challenging behavior must only be 
used as a last resort in extraordinary circumstances where there is a 
serious safety threat that cannot be reduced or eliminated by the 
provision of reasonable modifications.
    (3) When a temporary suspension is deemed necessary, a program must 
engage a mental health consultant, collaborate with parents, and 
utilize appropriate community resources, as needed, to help the child 
return to full participation in all program activities, as quickly as 
possible while ensuring child safety.
    (b) Prohibition on expulsion. (1) A program cannot expel or 
unenroll children from Head Start because of a child's behavior.
    (2) When children exhibit persistent and serious challenging 
behaviors, a program must employ exhaustive steps to address such 
problems, and facilitate the child's safe participation in the program. 
Such steps must be guided by the program's mental health consultant 
and, at a minimum, engage a mental health consultant as described in 
Sec.  1302.45(b), and include consultation with the parents and with 
the child's physician, and if the child:
    (i) Has an IFSP or IEP, the program must consult with the agency 
responsible for the IFSP or IEP to ensure that the child receives the 
needed support services; or,
    (ii) Does not have an IFSP or IEP, the program must collaborate, 
with parental consent, with the local agency responsible for 
administering IDEA to determine the child's eligibility for services.
    (3) If, after completing the exhaustive steps described in 
paragraph (b)(2) of this section, a program, in consultation with the 
parents, the child's physician, the agency responsible for IDEA, and 
the mental health consultant, determines that the child's continued 
enrollment presents a continued serious safety threat to the child or 
other enrolled children and determines the program is not the most 
appropriate placement for the child, the program must work with such 
entities to directly facilitate the transition of such child to a more 
appropriate placement.
    (c) Voluntary parent participation. Parent participation in any 
program activity is voluntary, including consent for data sharing, and 
not required as a condition of the child's enrollment.


Sec.  1302.18  Fees.

    (a) Policy on fees. A program must not charge eligible families a 
fee to participate in Head Start, and cannot in any way condition an 
eligible child's enrollment or participation in the program upon the 
payment of a fee.
    (b) Allowable fees. (1) A program can accept a fee from eligible 
families for hours that extend beyond the Head Start funded day.
    (2) In order to support programs serving children from diverse 
economic backgrounds or using multiple funding sources, including 
private pay, a program may charge a fee to families who are not part of 
the Head Start funded enrollment.
    (3) A program may use other funding sources for the provision of 
services under Part C of the IDEA that are not part of the Early Head 
Start or Head Start services, consistent with the State's system of 
payments on file under 34 CFR part 300.

Subpart B--Program Structure


Sec.  1302.20  In general.

    (a) Choose a program option. (1) A program must choose to operate 
one or more of the following program options: center-based, home-based 
for Early Head Start programs, family child-care, or an approved 
locally-designed variation as described in Sec.  1302.24. The program 
option(s) chosen must meet the needs of children and families based on 
the community assessment described in Sec.  1302.11(b). Existing 
programs must annually consider whether they would better meet local 
needs through conversion of existing part-day slots to full-day or 
full-working day slots, extending services to a full calendar

[[Page 35532]]

year, or conversion of existing preschool slots to Early Head Start 
slots as described in paragraph (c) of this section.
    (2) To develop a program calendar, a program must consider options 
that would allow it to operate for the full year, promote continuity of 
care and services, and meet child and family needs identified in the 
community assessment.
    (3) A program must work to identify alternate sources to support 
extended hours. If no additional funding is available, program 
resources may be used.
    (b) Comprehensive services. All program options must deliver the 
full range of services, as described in subparts C, D, E, F, and G of 
this part, except that Sec. Sec.  1302.30 through 1302.32 and Sec.  
1302.34 do not apply to home-based options.
    (c) Conversion. (1) Consistent with section 645(a)(5) of the Head 
Start Act, grantees may request to convert Head Start slots to Early 
Head Start slots through the re-funding application process or as a 
separate grant amendment.
    (2) Any grantee proposing a conversion of Head Start services to 
Early Head Start services must obtain governing body approval and 
submit the request to their Regional Office.
    (3) With the exception of American Indian and Alaska Native 
grantees as described in paragraph (c)(4) of this section, the request 
to the Regional Office must include:
    (i) A grant application budget and a budget narrative that clearly 
identifies the funding amount for the Head Start and Early Head Start 
programs before and after the proposed conversion;
    (ii) The results of the community needs assessment demonstrating 
how the proposed used of funds would best meet the needs of the 
community, including a description of how the needs of eligible Head 
Start children will be met in the community when the conversion takes 
places;
    (iii) A revised program schedule that describes the program 
option(s) and the number of funded enrollment slots for Head Start and 
Early Head Start programs before and after the proposed conversion;
    (iv) A description of how the needs of pregnant women, infants, and 
toddlers will be addressed;
    (v) A discussion of the agency's capacity to carry out an effective 
Early Head Start program in accordance with the requirements of section 
645A(b) of the Head Start Act and all applicable regulations;
    (vi) Assurances that the agency will participate in training and 
technical assistance activities required of all Early Head Start 
grantees;
    (vii) A discussion of the qualification and competencies of the 
child development staff proposed for the Early Head Start program, as 
well as a description of the facilities and program infrastructure that 
will be used to support the new or expanded Early Head Start program;
    (viii) A discussion of any one-time funding necessary to implement 
the proposed conversion and how the agency intends to secure such 
funding; and
    (ix) The proposed timetable for implementing this conversion.
    (4) Consistent with section 645(d)(3) of the Act, any American 
Indian and Alaska Native grantees operating both an Early Head Start 
program and a Head Start program may reallocate funds between the 
programs at its discretion and at any time during the grant period 
involved, in order to address fluctuations in client populations. Any 
American Indian and Alaska Native grantee that exercises this 
discretion must notify the Regional Office prior to the effective date 
of such reallocation.


Sec.  1302.21  Center-based option.

    (a) Setting. The center-based option provides education and early 
childhood development services to children primarily in classroom 
settings.
    (b) Ratios and class size. (1) Staff-child ratios and class size 
maximums must be determined by the age of the majority of children and 
the needs of children present. A program must determine the age of the 
majority of children in a classroom at the start of the year. A program 
may use their judgment as to whether this determination should be 
adjusted during the program year. Where state or local licensing 
requirements are more stringent than the teacher-child ratios and class 
size specifications in this section, a program must meet the stricter 
requirements. Programs must maintain appropriate ratios during all 
hours of program operation.
    (2) A classroom that serves children under 36 months old, must have 
no more than 8 children and have two teachers. Each teacher must be 
assigned consistent, primary responsibility for no more than four 
children to promote continuity of care for individual children. 
Programs must minimize teacher changes throughout a child's enrollment, 
whenever possible, and consider mixed age group classrooms to support 
continuity of care.
    (3) A classroom that serves a majority of children who are three 
years old must have no more than 17 children and a teacher and teaching 
assistant or two teachers.
    (4) A classroom that serves a majority of children, four and five 
years old, must have no more than 20 children and a teacher and a 
teaching assistant or two teachers.

            Table to Sec.   1302.21(b)--Ratios and Class Size
------------------------------------------------------------------------
 
------------------------------------------------------------------------
4 and 5 year olds.........................  No more than 20 children
                                             enrolled in any class.
3 year olds...............................  No more than 17 children
                                             enrolled in any class.
Under 3 year olds.........................  No more than 8 children
                                             enrolled in any class.
------------------------------------------------------------------------

    (c) Service--(1) Days per year. At a minimum, a program that serves 
preschool age children must offer no less than 180 days of planned 
operation per year, and Early Head Start programs must offer no less 
than 230 days of planned operation per year. A program must:
    (i) Plan their year using a reasonable estimate of the number of 
days during a year that classes may be closed due to problems such as 
inclement weather, based on their experience in previous years; and,
    (ii) Make every effort to schedule makeup days using existing 
resources if days of planned operation fall below the number required 
per year.
    (2) Exemption for Migrant or Seasonal Head Start programs. A 
Migrant or Seasonal program is not subject to the requirement for a 
minimum number of days of planned operation per year, but must make 
every effort to provide as many days of service as possible to each 
child and family.
    (3) Hours per day. A program must offer a minimum of six hours of 
operation per day but is encouraged to offer longer service days if it 
meets the needs of children and families.
    (d) Licensing and square footage requirements. (1) The facilities 
used by a program must meet state, tribal, or local licensing 
requirements. When state, tribal, or local requirements vary from Head 
Start requirements, the most stringent provision takes precedence.
    (2) A center-based program must have at least 35 square feet of 
usable indoor space per child available for the care and use of 
children (exclusive of bathrooms, halls, kitchen, staff rooms, and 
storage places) and at least 75 square feet of usable outdoor play 
space per child.

[[Page 35533]]

Sec.  1302.22  Home-based option.

    (a) Setting. The home-based option delivers education and early 
childhood development services, consistent with Sec.  1302.20(b), 
through visits with the child's parents, primarily in the child's home 
and provides group socialization opportunities in a Head Start 
classroom, community facility, home, or on field trips. The home-based 
option is only a standard program option for children under 36 months 
of age. When serving children 36 months and older in the home-based 
option would better meet a community's need, programs can apply to 
operate a locally designed option.
    (b) Caseload. A program that implements a home-based option must 
maintain an average caseload of 10 to 12 families per home visitor with 
a maximum of 12 families for any individual home visitor. Programs must 
maintain appropriate ratios during all hours of program operation.
    (c) Service duration. A program that implements a home-based option 
must:
    (1) Provide one home visit per week per family that lasts at least 
an hour and a half and provide a minimum of 46 visits per year;
    (2) Provide, at a minimum, two group socialization activities per 
month for each child, with a minimum of 22 group socialization 
activities each year;
    (3) Make up planned home visits or scheduled group socialization 
activities that were canceled by the program when this is necessary to 
meet the minimums stated above; and,
    (4) Not replace home visits or scheduled group socialization 
activities for medical or social service appointments for the purposes 
of meeting the minimum requirements described in this paragraph (c).
    (d) Licensing requirements. The facilities used for group 
socializations in the home-based option must meet state, tribal, or 
local licensing requirements. When state, tribal or local requirements 
vary from Head Start requirements, the most stringent provision 
applies.


Sec.  1302.23  Family child care option.

    (a) Setting. The family child care program option provides a full 
range of education and early childhood development services, described 
in subparts C, D, E, F, and G of this part, primarily by a family child 
care provider to provide services in their home or other family-like 
setting. A program may choose to offer the family child care option if:
    (1) The program is the employer of the family child care provider 
or the program has a legally binding agreement with the family child 
care provider that clearly defines the provider's roles and 
responsibilities to ensure that children and families enrolled in this 
option receive the full range of services described in subparts C, D, 
E, F, and G of this part; and,
    (2) The program ensures there are family child care homes available 
that are accessible and can serve children with disabilities and 
parents with disabilities, as appropriate.
    (b) Ratios and group size. (1) A program that operates the family 
child care option, where Head Start children are enrolled, must ensure 
group size does not exceed the limits specified in this section. If the 
family child care provider's own children under the age of 6 are 
present, they must be included in the group size.
    (2) When there is one family child care provider, the maximum group 
size is six children and no more than two of the six may be under two 
years of age. When there is a provider and an assistant, the maximum 
group size is twelve children with no more than four of the twelve 
children under two years of age.
    (3) One family child care provider may care for up to four infants 
and toddlers, with no more than two of the four children under the age 
of 18 months.
    (4) Programs must maintain appropriate ratios during all hours of 
program operation.
    (c) Service duration. Whether family child care option services are 
provided directly or via contractual arrangement, a program must ensure 
that family child care providers operate sufficient hours to meet the 
child care needs of families and at a minimum, offer planned Head Start 
or Early Head Start class operations at least six hours each day and 
for a minimum of 230 days per year for children in Early Head Start and 
at least six hours each day and for a minimum of 180 days to children 
over 36 months old. A migrant or seasonal program is not subject to the 
requirement for a minimum number of days of planned operation per year, 
but must make every effort to provide as many days of service as 
possible to each child or family.
    (d) Licensing requirements. A family child-care provider must be 
licensed by the state, tribal, or local entity to provide services in 
their home or family like setting. When state, tribal, or local 
requirements vary from Head Start requirements, the most stringent 
provision applies.
    (e) Child development specialist. A program that offers the family 
child care option must provide a child development specialist to 
support family child care providers and ensure the provision of quality 
services at each family child care home. Child development specialists 
must:
    (1) Conduct regular visits to each home, some of which are 
unannounced, not less than once every two weeks;
    (2) Periodically verify compliance with either contract 
requirements or agency policy;
    (3) Facilitate ongoing communication between program staff, family 
child care providers, and enrolled families; and,
    (4) Provide recommendations for technical assistance and support 
the family child care provider in developing relationships with other 
child care professionals.


Sec.  1302.24  Locally-designed program option variations.

    (a) In general. Programs may request to operate a locally-designed 
program option that innovates to meet the unique needs of their 
communities or to demonstrate or test alternative approaches for 
providing program services. In order to operate a locally-designed 
program option, programs must seek a waiver as detailed in paragraph 
(c), must comply with the requirements of paragraphs (b) and (c) of 
this section, and must deliver the full range of services, as described 
in subparts C, D, E, F, and G of this part.
    (b) Request for approval. A request for operating a locally-
designed variation must be approved by the responsible HHS official 
every two years. Such approval may be revoked based on ongoing 
assessment and monitoring as described in subpart J of this part.
    (c) Waiver requirements. (1) The responsible HHS official may waive 
one or more of the requirements contained in Sec. Sec.  1302.21 through 
1302.23, including service duration, ratios and group size, and 
caseload, with the exception of licensing, square footage and ratios 
for children under 24 months requirements, for a program seeking to 
provide a locally-designed variation, including a combination of 
program options, consistent with the minimums described in section 
640(k)(1) of the Act for center-based programs. In order to receive a 
waiver, a program must demonstrate that the locally-designed variation 
effectively supports appropriate skill development and progress in the 
goals described in the Head Start Early Learning Outcomes Framework 
(Birth-5) and provide supporting evidence that demonstrates:
    (i) The locally-designed variation better meets the needs of the 
community than the other options described in Sec. Sec.  1302.21 
through 1302.23; or,

[[Page 35534]]

    (ii) The locally-designed variation better supports continuity of 
care for individual children.
    (2) Locally-designed variations providing a double-session model 
that are approved under paragraph (c)(1) of this section must:
    (i) Limit group size for three year olds to no more than 15 
children and employ at least one teacher and teacher's assistant or two 
teachers;
    (ii) Limit group size for four and five year olds to no more than 
17 children and employ at least one teacher and a teacher's assistant 
or two teachers; and,
    (iii) Operate for at least three and a half hours per session.
    (3) Locally-designed variations providing a home-based option for 
children at least 36 months of age that are approved under paragraph 
(c)(1) of this section must comply with Sec.  1302.22(d) and:
    (i) Provide one home visit per family that lasts at least an hour 
and a half and provide a minimum of 36 visits per year; and,
    (ii) Provide, at a minimum, two group socializations per month for 
each family with a minimum of 18 group socialization activities each 
year.

Subpart C--Education and Child Development Program Services


Sec.  1302.30  In general.

    A center-based or family child care program must provide high 
quality education and child development services, including for 
children with disabilities, that promote children's cognitive, social, 
and emotional growth for later success in school. A program must embed 
positive and effective teacher-child interactions, a research-based 
curriculum, and screening and assessment procedures that support 
individualization during the program year, and family engagement. A 
program must deliver developmentally, culturally, and linguistically 
appropriate learning experiences in language, literacy, mathematics, 
social and emotional functioning, approaches to learning, science, 
physical skills, and creative arts. To deliver such high quality 
education and child development services, a program must implement, at 
a minimum, the elements contained in Sec. Sec.  1302.31 through 
1302.34.


Sec.  1302.31  Teaching and the learning environment.

    (a) Teaching and the learning environment. A center-based and 
family child care program must ensure teachers and other relevant staff 
provides an effective teaching and organized learning environment that 
promotes healthy development and children's skill growth aligned with 
the Head Start Early Learning Outcomes Framework (Birth-5), including 
for children with disabilities. A program must also support 
implementation of such environment with integration of regular and 
ongoing supervision and a system of individualized and ongoing 
professional development, as appropriate.
    (b) Effective teaching practices. (1) A program must ensure 
teaching practices:
    (i) Focus on promoting growth in the skill development described in 
the Head Start Early Learning Outcomes Framework (Birth-5) by using the 
Framework and the curricula to direct planning of organized activities, 
schedules, lesson plans, and the implementation of high quality early 
learning experiences that are sensitive to and build upon each child's 
individual pattern of development and learning;
    (ii) Emphasize nurturing and responsive interactions and 
environments that foster trust and emotional security; are 
communication and language rich; promote critical thinking, problem-
solving, social emotional, behavioral, and language development; 
provide supportive feedback for learning; motivate continued effort; 
and support all children's engagement in activities and learning;
    (iii) Integrate child assessment data in individual and group 
planning; and,
    (iv) Include developmentally appropriate learning experiences in 
language, literacy, social and emotional development, math, science, 
social studies, creative arts, and physical development that are 
focused toward achieving progress outlined in the Head Start Early 
Learning Outcomes Framework (Birth-5).
    (2) For dual language learners, a program must recognize 
bilingualism as a strength and implement research-based teaching 
practices that support its development. These practices must include, 
to the extent possible:
    (i) For an infant or toddler dual language learner, a program must 
ensure teaching practices that focus on the development of the home 
language, when there is a teacher with appropriate language competency, 
and provide experiences that expose the child to English; and
    (ii) For a preschool age dual language learner, a program must 
ensure teaching practices that focus on both English language 
acquisition and the continued development of the home language.
    (c) Learning environment. A program must ensure teachers implement 
well-organized classrooms with developmentally appropriate schedules, 
lesson plans, and indoor and outdoor learning experiences that provide 
adequate opportunities for choice, play, exploration, and 
experimentation among a variety of learning, sensory, and motor 
experiences and:
    (1) For preschool age children, include teacher-directed and child-
initiated activities, active and quiet learning activities, and 
opportunities for individual, small group, and large group learning 
activities; and,
    (2) For infants and toddlers, promote relational learning and 
include individualized and small group activities that integrate 
appropriate daily routines into a flexible schedule of learning 
experiences.
    (d) Materials and space for learning. To support implementation of 
the curriculum and the requirements described in paragraphs (a), (b), 
(c), and (e) of this section a program must provide age-appropriate 
equipment, materials, supplies and physical space for indoor and 
outdoor learning environments, including functional space. The 
equipment, materials and supplies must include any necessary 
accommodations and the space must be accessible to children with 
disabilities. Programs must change materials intentionally and 
periodically to support children's interests, development, and 
learning.
    (e) Promoting learning through approaches to rest, meals, and 
routines. (1) A program must implement an intentional, age appropriate 
approach to accommodate children's need to nap or rest, and that, for 
preschool age children in a full-day program provides a regular time 
every day at which preschool age children are encouraged but not forced 
to rest or nap. A program must provide alternative quiet learning 
activities for children who do not need or want to rest or nap.
    (2) A program must approach snack and meal times as learning 
opportunities that support staff-child interactions and foster 
conversations that contribute to a child's learning, development, and 
socialization. For bottle-fed infants, this approach must include 
holding infants during feeding to support socialization. This approach 
must also provide sufficient time for children to eat, not use food as 
reward or punishment, and not force children to finish their food.
    (3) A program must approach routines, such as hand washing and 
diapering, and transitions between activities, as opportunities for

[[Page 35535]]

strengthening development, learning, and skill growth.


Sec.  1302.32  Curriculum.

    (a) Curriculum. (1) Center-based and family child care programs 
must implement developmentally appropriate research-based early 
childhood curriculum, including additional curricular enhancements, as 
appropriate that:
    (i) Is based on scientifically valid research and has standardized 
training procedures and curriculum materials to support implementation;
    (ii) Is aligned with the Head Start Early Learning Outcomes 
Framework (Birth-5) and, as appropriate, state early learning and 
development standards; and,
    (iii) Includes an organized developmental scope and sequence and is 
sufficiently content-rich within the Head Start Early Learning Outcomes 
Framework (Birth-5) to promote measurable progress toward development 
outlined in such Framework.
    (2) A program must provide systemic and intensive support for 
appropriate staff through the system of training and professional 
development and supervision that ensures effective implementation of 
curriculum.
    (3) A program must regularly monitor staff implementation of the 
curriculum and use the monitoring information to improve how 
effectively the curriculum is implemented.
    (b) Variation. In order to better meet the needs of one or more 
specific populations, a program may choose to develop or significantly 
adapt a curriculum, such that it does not meet the requirements in 
paragraphs (a)(1)(iii) and (a)(3) of this section. If a program chooses 
to implement such a variation, it must work with early childhood 
education expert staff or consultants from a college, university, or a 
research organization, to develop and evaluate the effectiveness of the 
variation. Programs must report the use of such variations to the 
responsible HHS official. Programs must use the evaluation of 
effectiveness to determine the continued use of such variation, 
consistent with the process described in subpart J of this part.


Sec.  1302.33  Child screenings and assessment.

    (a) Screening. (1) In collaboration with each child's parent and 
with parental consent, and within 45 calendar days of the child's entry 
into the program, a program must complete a developmental screening to 
identify concerns regarding a child's developmental, behavioral, motor, 
language, social, cognitive, and emotional skills. A program must use 
one or more research-based developmental standardized screening tools 
to complete the screening. A program must use as part of the screening 
additional information from family members, teachers, and relevant 
staff familiar with the child's typical behavior.
    (2) With direct guidance from a mental health or child development 
professional, as appropriate, a program must promptly and appropriately 
address any needs identified through screening and additional relevant 
information through:
    (i) Referrals to the local agency responsible for administering 
IDEA for formal evaluation to assess the child's eligibility for 
services under IDEA; and,
    (ii) Partnership with the child's parents and the relevant local 
agency to ensure the formal evaluation is completed promptly.
    (3) A program is not required to conduct the screening in paragraph 
(a)(1) of this section for children who have a current IFSP or IEP as 
long as the program has record of such IFSP or IEP.
    (4) If a child is determined to be eligible for IDEA services, the 
program must partner with parents and the local agency responsible for 
implementing IDEA, as appropriate, and deliver the services in subpart 
F of this part.
    (5) If, after the formal evaluation described in paragraph 
(a)(2)(i) of this section, the local agency responsible for 
implementing IDEA determines the child is not eligible for IDEA under 
the state definition, but the program determines, with guidance from 
mental health or child development professional, that the formal 
evaluation shows the child has a significant delay in one or more areas 
of development that are likely to interfere with the child's 
development and school readiness:
    (i) The program must ensure appropriate staff partner with parents 
to meet the child's needs, including accessing needed services and 
supports; and,
    (ii) Program funds may be used for such services and supports when 
no other sources of funding are available but programs must be able to 
demonstrate efforts were first made to access other available sources 
of funding.
    (b) Assessment for individualization. (1) A program must conduct 
standardized and structured assessments for each child that provide 
ongoing information to evaluate the child's developmental level and 
progress in outcomes aligned to the goals described in the Head Start 
Early Learning Child Outcomes Framework. Such assessments must result 
in usable information for teachers, home visitors, and parents and be 
conducted with sufficient frequency to allow for individualization 
within the program year.
    (2) A program must use information from paragraph (b)(1) of this 
section with informal teacher observations and additional information 
from family and staff, as relevant, to determine a child's strengths 
and needs, adjust strategies to better support individualized learning 
and improve classroom practices in center-based and family child care 
settings and improve home visit strategies in home based models.
    (3) If warranted from the information gathered from paragraphs 
(b)(1) and (b)(2) of this section and with direct guidance from a 
mental health or child development professional, a program must refer 
the child to the local agency responsible for IDEA for a formal 
evaluation to assess a child's eligibility for IDEA services.
    (c) Characteristics of screenings and assessments. (1) Screenings 
and assessments must be valid and reliable for the population and 
purpose for which they will be used, including by being conducted by 
qualified personnel, and being age, developmentally, culturally and 
linguistically appropriate; and appropriate for children with 
disabilities, as needed.
    (2) If a program serves a child who speaks a language other than 
English, the program must:
    (i) Conduct screenings and assessments in the language or languages 
that best capture the child's development and skills in the specific 
domain;
    (ii) Assess language skills in English and the child's home 
language, to assess both the child's progress in the home language and 
in English language acquisition; and,
    (iii) Ensure that those conducting the screening or assessment know 
and understand the child's language and culture and have sufficient 
skill level in the child's home language to accurately administer the 
screening or assessment and to record and understand the child's 
responses, interactions, and communications. If such a person is 
unavailable, or an interpreter needs to be used to conduct the 
screening or assessment, the program must use multiple sources of 
information, including speaking with the family, to best capture the 
child's development and skill level and progress.

[[Page 35536]]

    (d) Prohibitions on use of screening and assessment data. The use 
of screening and assessment items and data on any screening or 
assessment authorized under this subchapter by any agent of the federal 
government is prohibited for the purposes of ranking, comparing, or 
otherwise evaluating individual children for purposes other than 
research, training, or technical assistance and is prohibited for the 
purposes of providing rewards or sanctions for individual children or 
teachers. A program must not use screening or assessments to exclude 
children from enrollment or participation.


Sec.  1302.34  Parent involvement.

    (a) In general. Center-based and family child care programs must 
structure education and child development services to encourage parents 
to engage in their child's education.
    (b) Engaging parents and family members. Such structure must 
include varied opportunities for parents and family members to be 
involved in a program's education services and implement policies to 
ensure:
    (1) The program's settings are open to parents during all program 
hours;
    (2) Teachers hold parent conferences, as needed, but no less than 
two times per program year, to enhance the knowledge and understanding 
of both staff and parents of the child's education and developmental 
progress and activities in the program;
    (3) Parents and family members have the opportunity to learn about 
and to provide feedback on selected curricula and instructional 
materials used in the program;
    (4) Parents and family members have opportunities to volunteer in 
the classroom and during group activities;
    (5) Appropriate staff inform parents and family members, about the 
purposes of and the results from screenings and assessments and discuss 
their child's progress;
    (6) Teachers, except those described in paragraph (b)(7) of this 
section, conduct two home visits annually with each family, including 
one before the program year begins, if feasible, to engage the family 
in the child's learning and development, except that such visits may 
take place at a program site or another safe location that affords 
privacy at the parent's request, or if a visit to the home presents 
significant safety hazards for staff; and,
    (7) Teachers that serve migrant or seasonal families make every 
effort to conduct home visits to engage the family in the child's 
learning and development.


Sec.  1302.35  Education in home-based programs.

    (a) In general. A home-based program must implement a research-
based curriculum that delivers developmentally, linguistically, and 
culturally appropriate home visits and group socialization activities 
that support children's cognitive, social, and emotional growth for 
later success in school. Such visits and activities must promote secure 
parent-child relationships and help parents provide high quality 
learning experiences in language, literacy, mathematics, social and 
emotional development, approaches to learning, science, physical 
skills, and creative arts.
    (b) Home-based program design. A home-based program must ensure 
that all home visits are:
    (1) Planned jointly by the home visitor and parents, and reflect 
the critical role of parents in the early learning and development of 
their children;
    (2) Planned using information from ongoing assessments that 
individualize learning experiences;
    (3) Scheduled with sufficient time to serve all enrolled children 
in the home and conducted with parents and are not conducted when only 
babysitters or other temporary caregivers are present;
    (4) Scheduled with sufficient time and appropriate staff to ensure 
effective delivery of services described in subparts D, E, F, and G of 
this part through home visiting, to the extent possible.
    (c) Home-based curriculum. A program that operates the home-based 
option must:
    (1) Ensure home-visiting and group socializations implement an 
evidence based curriculum that:
    (i) Promotes the parent's role as the child's teacher through 
experiences focused on the parent-child relationship and, as 
appropriate, the family's traditions, cultural skills, values, and 
beliefs;
    (ii) Aligns with the Head Start Early Learning Outcomes Framework 
(Birth-5) and, as appropriate, state early learning standards; and,
    (iii) Includes organized developmental scope and sequence and is 
sufficiently content-rich within the Head Start Early Learning Outcomes 
Framework (Birth-5) to promote measurable progress toward goals 
outlined in the Framework;
    (2) Provide systemic and intensive support for appropriate staff 
through training, professional development, and supervision to ensure 
effective implementation of the curriculum;
    (3) Regularly monitor staff implementation of the curriculum and 
use the monitoring information to improve how effectively the 
curriculum is implemented; and,
    (4) Provide parents with an opportunity to review selected 
curricula and instructional materials used in the program.
    (5) In order to better meet the needs of one or more specific 
populations, a program may choose to develop or significantly adapt a 
home-based curriculum, such that it does not meet the requirements in 
paragraphs (c)(1)(iii) and (c)(3) of this section. If a program chooses 
to implement such a variation, it must work with early childhood 
education expert staff or consultants from a college, university, or a 
research organization, to develop and evaluate the effectiveness of the 
variation. Programs must report the use of such variations to the 
responsible HHS official. Programs must use the evaluation of 
effectiveness to determine the continued use of such variation, 
consistent with the process described in Subpart J.
    (d) Home visit experiences. A program that operates the home-based 
option must ensure all home visits focus on promoting high quality 
early learning experiences in the home and growth towards the goals 
outlined in the Head Start Early Learning Outcomes Framework (Birth-5) 
and must use such goals and the curriculum to plan home visit 
activities that implement:
    (1) Age and developmentally appropriate, structured child-focused 
learning experiences;
    (2) Strategies and activities that promote parents' ability to 
support the child's cognitive, social, emotional, and physical 
development;
    (3) Strategies and activities that promote the home as a learning 
environment that is safe, nurturing, responsive, and language- and 
communication- rich, and parents' ability to support children's 
language development and literacy skills;
    (4) Research-based strategies and activities for children who are 
dual language learners that, to the extent possible:
    (i) Focus on the development of the home or Native language, while 
providing experiences that expose both parents and children to English 
for infants and toddlers; and,
    (ii) Focus on both English language acquisition and the continued 
development of the home or Native language for preschoolers receiving

[[Page 35537]]

homes-based services under a locally designed option; and,
    (5) Follow-up with the families to discuss learning experiences 
provided in the home between each visit, address concerns, and inform 
strategies to promote progress toward school readiness goals.
    (e) Group socialization. (1) A program that operates the home-based 
option must ensure that group socializations are planned jointly with 
families, conducted with both child and parent participation, occur in 
a classroom, community facility, home or field trip setting, as 
appropriate.
    (2) Group socializations must be structured to:
    (i) Provide age appropriate activities for participating children 
that are intentionally aligned to school readiness goals, the Head 
Start Early Learning Outcomes Framework (Birth-5) and the home-based 
curriculum; and
    (ii) Encourage parents to share experiences related to their 
children's development with other parents in order to strengthen 
parent-child relationships and to help promote parents understanding of 
child development;
    (3) For preschoolers receiving home-based services under a locally 
designed option, group socializations also must provide opportunities 
for parents to participate in workshop activities, as appropriate and 
must emphasize peer group interactions designed to promote children's 
social, emotional and language development, and progress towards school 
readiness goals, while encouraging parents to observe and actively 
participate in activities, as appropriate.
    (f) Screening and assessments. A program that operates the home-
based option must implement provisions in Sec.  1302.33.

Subpart D--Health Program Services


Sec.  1302.40  In general.

    A program must provide high quality health, mental health, and 
nutrition services that are developmentally and linguistically 
appropriate and that will support each child's growth and school 
readiness.


Sec.  1302.41  Collaboration and communication with parents.

    (a) For all activities described in this part, programs must 
collaborate with parents as partners in the health and well-being of 
their children in a linguistically and culturally appropriate manner 
and communicate with parents about their child's health needs and 
development concerns in a timely and effective manner.
    (b) At a minimum, a program must:
    (1) Obtain advance parent or guardian authorization for all health 
and developmental procedures administered through the program or by 
contract or agreement, and, maintain written documentation if a parent 
or guardian refuses to give authorization for health services; and
    (2) Share policies for health emergencies that require rapid 
response on the part of staff or immediate medical attention.


Sec.  1302.42  Child health status and care.

    (a) Source of health care. (1) A program, within 30 calendar days 
from the child's enrollment, must determine whether each child has 
ongoing sources of continuous, accessible health care--provided by a 
health care professional that maintains the child's ongoing health 
record and is not primarily a source of emergency or urgent care--and 
health insurance coverage.
    (2) If the child does not have such a source of ongoing care and 
health insurance coverage, the program must assist families in 
accessing a source of care and health insurance that will meet these 
criteria, as quickly as possible.
    (b) Ensuring up-to-date child health status. (1) Within 90 calendar 
days from the child's enrollment, with the exceptions noted in 
paragraph (b)(3) of this section, a program must:
    (i) Obtain a determination from a health care professional as to 
whether the child is up-to-date on a schedule of age appropriate 
preventive and primary medical and oral health care, which incorporates 
the requirements for a schedule of well-child visits as prescribed by 
the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) 
program of the Medicaid agency of the State in which they operate, 
immunization recommendations issued by the Centers for Disease Control 
and Prevention and any additional recommendations from the local Health 
Services Advisory Committee that are based on prevalent community 
health problems;
    (ii) Assist parents with making necessary arrangements to bring the 
child up-to-date as quickly as possible; and
    (iii) If necessary directly facilitate provision of health services 
to bring the child up-to-date, as necessary, with parent consent as 
described in Sec.  1302.41(b)(1).
    (2) Within 45 calendar days of the child's enrollment, a program 
must either perform or obtain screening procedures to identify concerns 
regarding a child's visual and auditory sensory development.
    (3) If a program operates for 90 days or less, it has 30 days from 
the date the child enrolled to satisfy paragraphs (b)(1) and (2) of 
this section.
    (4) A program must identify each child's nutritional health needs, 
taking into account staff and family discussions concerning height, 
weight, hemoglobin/hematocrit, body mass index and any other relevant 
nutrition-related assessment data, special dietary requirements, 
including food allergies, and information about major community 
nutritional issues, as identified through the community assessment or 
by the health services advisory committee or the local health 
department.
    (c) Ongoing care. (1) A program must help parents continue to 
follow recommended schedules of well-child and oral health care.
    (2) A program must implement periodic observations or other 
appropriate strategies for program staff and parents to identify any 
new or recurring medical or mental health concerns.
    (3) A program must facilitate and monitor necessary oral health 
treatment and follow-up, including fluoride supplements and topical 
fluoride treatments as recommended by oral health professionals in 
communities where a lack of adequate fluoride levels has been 
determined or for every child with moderate to severe tooth decay and 
other necessary preventive measures and further oral health treatment 
as recommended by the oral health professional.
    (d) Extended follow-up care. (1) Facilitate further diagnostic 
testing, examination, and treatment, as appropriate, by a licensed or 
certified professional for each child with a health or developmental 
problem; and,
    (2) Develop a system to track referrals and services provided and 
monitor the implementation of a follow-up plan to meet any treatment 
needs associated with a health or developmental problem.
    (3) Assist parents, as needed, in obtaining any prescribed 
medications, aids or equipment for medical and oral health conditions.
    (e) Use of funds. Program funds may be used for professional 
medical and oral health services when no other source of funding is 
available. When program funds are used for such services, grantee and 
delegate agencies must have written documentation of their efforts to 
access other available sources of funding.

[[Page 35538]]

Sec.  1302.43  Tooth brushing.

    A program must promote effective oral health hygiene by ensuring 
children age one and over are assisted by appropriate staff, or 
volunteers, if available, in brushing their teeth once daily.


Sec.  1302.44  Child nutrition.

    (a) Nutrition service requirements. (1) A program must design and 
implement nutrition services that meet the nutritional needs of and 
accommodate the feeding requirements of each child, including children 
with special dietary needs and children with disabilities.
    (2) Specifically, a program must:
    (i) Ensure each child in a part-day center-based setting receives 
meals and snacks that provide at least one third of the child's daily 
nutritional needs;
    (ii) Ensure each child in a center-based full-day program receives 
meals and snacks that provide one half to two thirds of the child's 
daily nutritional needs, depending upon the length of the program day;
    (iii) Serve 3- to 5-year-olds meals and snacks that conform to USDA 
requirements in 7 CFR parts 210, 220, and 226, and are high in 
nutrients and low in fat, sugar, and salt;
    (iv) Feed infants and toddlers according to their individual 
developmental readiness and feeding skills as recommended in USDA 
requirements outlined in 7 CFR parts 210, 220, and 226, and ensure that 
infants and young toddlers are fed on demand to the extent possible;
    (v) Ensure bottle-fed infants are never laid down to sleep with a 
bottle;
    (vi) Serve all children in morning center-based settings who have 
not received breakfast upon arrival at the program a nourishing 
breakfast;
    (vii) Provide appropriate snacks and meals to each child during 
group socialization activities in the home-based option; and,
    (viii) Promote breastfeeding, including providing facilities to 
properly store and handle breast milk and make accommodations, as 
necessary, for mothers who wish to breastfeed during program hours.
    (b) Payment sources. A program must use funds from USDA Food and 
Consumer Services Child Nutrition Programs as the primary source of 
payment for meal services. Early Head Start and Head Start funds may be 
used to cover those allowable costs not covered by the USDA.


Sec.  1302.45  Child mental health.

    (a) Wellness promotion. A program must work with mental health 
consultants, as needed to implement:
    (1) Program-wide positive behavioral practices and supports that 
promote healthy emotional well-being through effective classroom 
management and supportive teacher practices;
    (2) Strategies for supporting children with challenging behaviors 
and mental health issues; and
    (3) Community partnerships to facilitate access to additional 
mental health resources and services, as needed.
    (b) Mental health consultants. (1) A program must have access to 
mental health consultants to help teachers improve classroom management 
and teacher practices, that include using classroom observations as 
needed, to address teacher and individual child needs.
    (2) A program must ensure that a mental health consultant is 
available to partner with staff in a timely and effective manner to 
identify and intervene in behavioral and mental health concerns, and at 
the request of parents or staff to address specific concerns.


Sec.  1302.46  Family support services for health, nutrition, and 
mental health.

    (a) Parent collaboration. Programs must collaborate with parents to 
promote children's health and well-being by providing medical, oral, 
nutrition, and mental health education support services that are 
understandable to individuals with low health literacy.
    (b) Opportunities. (1) Such collaboration must include 
opportunities for parents to:
    (i) Learn about preventive medical and oral health care, emergency 
first aid, environmental hazards, and safety practices for the home;
    (ii) Discuss their child's nutritional status with staff, including 
the importance of physical activity and learn how to select and prepare 
nutritious foods that meet the family's nutrition and food budget 
needs;
    (iii) Learn about healthy pregnancy and postpartum care, as 
appropriate; and,
    (iv) Discuss and identify issues related to child mental health and 
emotional well-being such that staff can solicit parent information and 
concerns about their child's mental health, share observations, discuss 
the child's behavior and development, and how to appropriately respond 
to the child's behaviors.
    (v) Learn about appropriate vehicle and pedestrian safety for 
keeping children safe.
    (2) A program must provide ongoing support to assist parents' 
navigation through health systems to meet the general health and 
specifically identified needs of their children and must assist 
parents:
    (i) In understanding how to access health insurance for themselves 
and their families;
    (ii) In understanding the results of diagnostic and treatment 
procedures as well as plans for ongoing care; and,
    (iii) In familiarizing their children with services they will 
receive while enrolled in the program and to enroll and participate in 
a system of ongoing family health care.


Sec.  1302.47  Safety practices.

    (a) A program must establish, train staff on, implement, and 
enforce health and safety practices that ensure children are kept safe 
at all times. Programs should consult Caring for our Children Basics 
for additional information to develop and implement adequate safety 
policies and practices described in this subpart.
    (b) A program must develop and implement a system of management 
including ongoing training, oversight, correction and continuous 
improvement in accordance with Sec.  1302.102 that includes policies 
and practices to ensure all facilities, equipment and materials, 
background checks, safety training, safety and hygiene practices and 
administrative safety procedures are adequate to ensure child safety. 
At a minimum this system must ensure that:
    (1) Facilities. All facilities where children are served, including 
areas for learning, playing, sleeping, toileting, and eating are:
    (i) Licensed in accordance with Sec.  1302.21(d)(1) and Sec.  
1302.23(d);
    (ii) Clean and free from pests;
    (iii) Free from pollutants, hazards and toxins that are accessible 
to children and could endanger children's safety;
    (iv) Designed to prevent child injury and free from hazards, 
including choking, strangulation, electrical, and drowning hazards, 
hazards posed by appliances and all other safety hazards;
    (v) Well lit, including emergency lighting;
    (vi) Equipped with safety supplies that are readily accessible to 
staff, including, at a minimum, fully-equipped and up-to-date first aid 
kits and appropriate fire safety supplies;
    (vii) Free from firearms or other weapons that are accessible to 
children; and,
    (viii) Designed to separate toileting and diapering areas from 
areas for cooking, eating, or children's activities.
    (2) Equipment and materials. All equipment and materials, including 
indoor and outdoor equipment and play spaces, including cribs are:

[[Page 35539]]

    (i) Clean and safe for children's use and are appropriately 
disinfected;
    (ii) Accessible only to children for whom they are age appropriate;
    (iii) Meet standards set by CPSC and ASTM;
    (iv) Are designed to ensure appropriate supervision of children at 
all times; and,
    (v) Allow for the separation of infants and toddlers from 
preschoolers during play in center-based programs.
    (3) Background checks. All staff have complete background checks in 
accordance with Sec.  1302.90(b).
    (4) Safety training. All staff have initial orientation training 
within three months of hire and ongoing training in all state, local, 
tribal, federal and program developed health, safety and child care 
requirements to ensure the safety of children in their care; including, 
at a minimum training in:
    (i) Methods for identifying and reporting child abuse and neglect 
as described in Sec.  1302.92(b)(1);
    (ii) CPR and first aid;
    (iii) The storage, record and administration of medication;
    (iv) Safe sleep practices, including the prevention of Sudden 
Infant Death Syndrome;
    (v) Food safety, including procedures for addressing food 
allergies;
    (vi) The program's emergency and disaster preparedness procedures;
    (vii) Infectious disease procedures;
    (viii) Sun safety; and,
    (ix) Prevention of shaken baby syndrome and head trauma.
    (5) Safety practices. All staff follow appropriate practices to 
keep children safe during all activities, including, at a minimum:
    (i) Reporting of suspected or known child abuse and neglect, 
including that staff comply with applicable federal, state, local, or 
tribal laws;
    (ii) Safe sleep practices, including ensuring that all sleeping 
arrangements for children under 18 months of age use firm mattresses or 
cots, as appropriate, and for children under 12 months avoid soft 
bedding materials;
    (iii) Appropriate indoor and outdoor supervision of children at all 
times;
    (iv) Only releasing children to an authorized adult, and;
    (v) All standards of conduct described in Sec.  1302.90(c).
    (6) Standards of conduct. Staff properly supervise children at all 
times, only release children to an authorized adult, and follow all 
standards of conduct described in Sec.  1302.90(c);
    (7) Hygiene practices. All staff systematically and routinely 
implement hygiene practices that at a minimum ensure:
    (i) Appropriate toileting, hand washing, and diapering procedures 
are followed;
    (ii) Safe food preparation; and,
    (iii) Spills of bodily fluids are handled consistent with standards 
of the Occupational Safety Health Administration.
    (8) Administrative safety procedures. Programs establish, follow, 
and practice, as appropriate, procedures for, at a minimum:
    (i) Emergencies;
    (ii) Fire prevention and response;
    (iii) Protection from contagious disease, including appropriate 
inclusion and exclusion policies for when a child is ill, and from an 
infectious disease outbreak, including appropriate notifications of any 
reportable illness;
    (iv) The handling, storage, administration, and record of 
administration of medication;
    (v) Maintaining procedures and systems to ensure that children are 
only released to an authorized adult; and,
    (vi) Child specific health care needs and food allergies that 
include accessible plans of action for emergencies. For food allergies, 
a program must also post individual child food allergies prominently 
where staff can view wherever food is served.
    (9) Disaster preparedness plan. The program has disaster 
preparedness and response plans for more and less likely events 
including natural disasters and violence in or near programs.
    (c) A program must report any safety incidents in accordance with 
Sec.  1302.102(d)(1)(iii).

Subpart E--Family & Community Partnership Program Services


Sec.  1302.50  In general.

    (a) A program must integrate parent and family engagement 
strategies into all systems and program components and develop 
community partnerships to support family well-being in order to promote 
child learning and development and foster parental confidence and 
skills that will promote the early learning and development of their 
children.
    (b) A program must:
    (1) Promote shared responsibility with parents for children's early 
learning and development, provide parents with information about the 
importance of their child's regular attendance, and partner with 
parents, as necessary, to promote consistent attendance;
    (2) Develop relationships with parents and structure services to 
encourage trust and respectful ongoing two-way communication between 
staff and parents to create welcoming program environments that are 
responsive to and reflect the unique cultural, ethnic, and linguistic 
backgrounds of families in the program and community, including 
conducting family engagement services in the family's preferred 
language, or through an interpreter, to the extent possible;
    (3) Implement intentional strategies to engage parents in their 
children's learning and development, including specific strategies for 
father engagement;
    (4) Provide parents with opportunities to participate in the 
program as employees or volunteers;
    (5) Offer families the choice of sharing personal information in an 
environment in which they feel safe, and allow this to occur at the 
same time as the home visit conducted by the child's teacher; and,
    (6) Implement procedures for teachers, home visitors, and family 
support staff to share information with each other, as appropriate, to 
ensure coordinated family engagement strategies with children and 
families in the classroom, home, and community.


Sec.  1302.51  Parent activities to promote child learning and 
development.

    (a) A program must recognize parents as a child's primary influence 
and implement family engagement strategies that are designed to foster 
parental confidence and skills in promoting children's learning and 
development, including parent child-activities that support language 
and literacy development.
    (b) A program must, at a minimum, offer opportunities for parents 
to participate in research-based parenting curriculum in which they 
practice parenting skills and developmentally appropriate parent-child 
activities to foster confidence and skills in promoting children's 
learning and development.


Sec.  1302.52  Family partnership services.

    (a) Family partnership process. A program must implement a family 
partnership process that includes the sequence of activities described 
in this section to support family well-being, to support child learning 
and development, to foster parental confidence and skills that promote 
the early learning and development of their children. The process must 
be initiated as early in the program year as possible and continue for 
as long as the family participates in the program, based on parent 
interest and need.
    (b) Identification of family strengths and needs. A program must 
implement intake and assessment procedures together with parents to 
identify family

[[Page 35540]]

strengths and needs in the areas listed, as appropriate, in the Head 
Start Parent Family and Community Engagement Framework. These areas 
must include family well-being and financial stability, parent-child 
relationships and parenting skill development, parent engagement and 
involvement in child education, parent literacy, adult and post-
secondary education, and employment, transitions within and between the 
early learning and school environment, family connections to peers and 
the local community, and parent leadership in the program and 
community.
    (c) Individualized family partnership services. A program must 
offer parents the opportunity to collaborate with staff to identify, 
prioritize, and access individualized family partnership services and 
supports. Such services and supports may be accessed through the 
program or through community partnerships to address identified family 
strengths and needs, including, as appropriate, pathways to achieving 
family goals. To support family access to individualized family 
partnership services and supports, a program must:
    (1) Take into consideration the urgency and intensity of identified 
family needs and goals and assign appropriate staff based on such needs 
and goals and the availability of program resources;
    (2) Implement strategies to ensure that both parents and staff are 
aware of, intentionally measure progress towards, and evaluate whether 
identified needs and goals are met, and take alternative actions, if 
necessary.
    (d) Existing plans and community resources. In implementing this 
section, a program must take into consideration any existing plans for 
the family made with other community agencies and availability of other 
community resources to address family needs, strengths, and goals, in 
order to avoid duplication of effort.


Sec.  1302.53  Community partnerships.

    (a) Community systems. A program must take an active role in 
promoting coordinated systems of comprehensive early childhood services 
to low-income children and families in their community through 
communication, cooperation, and the sharing of information among 
agencies and their community partners, in accordance with the program's 
confidentiality policies.
    (b) Partnerships. (1) A program must establish ongoing 
collaborative relationships and partnerships with community 
organizations such as establishing joint agreements, procedures, or 
contracts and arranging for onsite delivery of services as appropriate, 
to facilitate access of children and families to community services 
that are responsive to their strengths, needs, and goals as described 
in Sec.  1302.52 and to community needs, as determined by the community 
assessment described in Sec.  1302.11(b).
    (2) A program must establish necessary collaborative relationships 
and partnerships, with community organizations that may include:
    (i) Health care providers, including child and adult mental health 
professionals, dentists, other health professionals, nutritional 
service providers, providers of prenatal and postnatal support, and 
substance abuse treatment providers;
    (ii) Individuals and agencies that provide services to children 
with disabilities and their families, elementary schools, state 
preschool providers, and providers of child care services;
    (iii) Family preservation and support services and child protective 
services and any other agency to which child abuse must be reported 
under state or tribal law;
    (iv) Educational and cultural institutions, such as libraries and 
museums, for both children and families;
    (v) Temporary Assistance for Needy Families, nutrition, and housing 
assistance agencies, workforce development and training programs, adult 
or family literacy, adult education, and post-secondary education 
institutions, and agencies or financial institutions that provide 
asset-building education, products and services to enhance family 
financial stability and savings;
    (vi) Providers of support to homeless children and families, 
including local educational agency liaison designated under section 
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11431 et seq.);
    (vii) Agencies that are funded by federal or state entities for the 
design, development, or implementation of a statewide data system 
including early childhood programs;
    (viii) Domestic violence prevention and support providers; and,
    (ix) Any other organizations or businesses that may provide support 
and resources to families.
    (c) Health services advisory committee. Each grantee directly 
operating an Early Head Start or Head Start program, and each delegate 
agency, must establish and maintain a Health Services Advisory 
Committee, which includes Head Start parents, professionals, and other 
volunteers from the community.
    (d) Memorandum of understanding. A program must enter into a 
memorandum of understanding with the appropriate local entity 
responsible for managing publicly funded preschool programs in the 
service area of the program, as described in section 642(e)(5) of the 
Act.
    (e) Quality Rating and Improvement Systems. A program should 
participate in their state or local Quality Rating and Improvement 
System if their state or local system has been validated to show that 
the tiers accurately reflect differential levels of quality, are 
related to progress in learning and development, and build toward 
school readiness and that Head Start programs are able to participate 
in the same way as other early childhood programs in the state.

Subpart F--Additional Services for Children With Disabilities


Sec.  1302.60  In general.

    A program must ensure enrolled children with disabilities, 
including but not limited to those who are eligible for IDEA services, 
and their families receive all applicable program services and fully 
participate in all program activities.


Sec.  1302.61  Additional services for children.

    (a) Additional services for children with disabilities. Programs 
must ensure the individualized needs of children with disabilities, 
including but not limited to those eligible for IDEA services, are 
being met and all children have access to and can fully participate in 
the full range of activities and services. Programs must provide any 
necessary modifications to the environment, multiple and varied formats 
for instruction, and individualized accommodations and supports as 
necessary to support the full participation of children with 
disabilities. Programs must ensure that all individuals with 
disabilities are protected from discrimination under and provided with 
all services and program modifications required by section 504 of the 
Rehabilitation Act (29 U.S.C. 794), the Americans with Disabilities Act 
(42 U.S.C. 12101 et seq.), and their implementing regulations.
    (b) Services during IDEA eligibility determination. While the local 
agency responsible for implementing IDEA determines a child's 
eligibility, a program must provide individualized services and 
supports, to the maximum extent possible, to meet the child's needs.
    (c) Additional services for children with an IFSP or IEP. To ensure 
the

[[Page 35541]]

individualized needs of children eligible for IDEA services are met, 
programs must:
    (1) Work closely with the local agency responsible for implementing 
the IDEA, the family, and other service partners, as appropriate, to 
ensure:
    (i) Services for a child with disabilities will be planned and 
delivered as required by their IFSP or IEP, as appropriate;
    (ii) Children are working towards the goals in their IFSP or IEP;
    (iii) Elements of the IFSP or IEP that the program cannot implement 
are implemented by other appropriate agencies; and,
    (iv) IFSP's and IEP's are being revised and updated as required and 
needed;
    (2) Plan and implement the transition services described in subpart 
G of this part, including at a minimum:
    (i) For children with an IFSP who are transitioning out of Early 
Head Start, collaborate with the parents, and the local agency 
responsible for the implementation of IDEA, to ensure appropriate steps 
are undertaken in a timely and appropriate manner to determine the 
child's eligibility for services under Part B of IDEA; and,
    (ii) For children with an IEP who are transitioning out of Head 
Start to kindergarten, collaborate with the parents, and the local 
agency responsible for the implementation of IDEA, to ensure steps are 
undertaken in a timely and appropriate manner to support the child and 
family as they transition to a new setting.


Sec.  1302.62  Additional services for parents.

    (a) Parents of all children with disabilities. (1) A program must 
collaborate with parents of children with disabilities, including but 
not limited to children eligible for IDEA, to ensure the needs of their 
children are being met, including support to help parents become 
advocates for services that meet their children's needs and information 
and skills to help parents understand their child's disability and how 
to best support the child's development;
    (2) A program must assist parents to access services and resources 
for their family, including securing adaptive equipment and devices, 
creating linkages to family support programs, and helping parents 
establish eligibility for additional support programs, as needed and 
practicable.
    (b) Parents of children eligible for IDEA services. For parents of 
children eligible for IDEA services, programs must also help parents:
    (1) Understand the referral, evaluation, and service timelines 
required under IDEA;
    (2) Actively participate in the eligibility process and IFSP or IEP 
development process with the local agency responsible for implementing 
IDEA, including by informing parents of their right to invite the 
program to participate in all meetings;
    (3) Understand the purposes and results of evaluations and services 
provided under an IFSP or IEP; and,
    (4) Ensure their children's needs are accurately identified in, and 
addressed through, the IFSP or IEP.


Sec.  1302.63  Coordination and collaboration with the local agency 
responsible for implementing IDEA.

    (a) A program must coordinate with the local agency responsible for 
implementing IDEA to identify children enrolled or who intend to enroll 
in a program that may be eligible for IDEA services, including through 
the process described in Sec.  1302.33(a)(2) and through participation 
in the local agency Child Find efforts.
    (b) A program must work to develop interagency agreements with the 
local agency responsible for implementing IDEA to improve service 
delivery to children eligible for IDEA services, including the referral 
and evaluation process, service coordination, and transition services 
and, other appropriate agencies that would improve service delivery to 
children with disabilities.
    (c) A program must participate in the development of the IFSP or 
IEP if requested by the child's parents, and the implementation of the 
IFSP or IEP. At a minimum, the program must offer:
    (1) To provide relevant information from its screenings, 
assessments, and observations to the team developing a child's IFSP or 
IEP; and,
    (2) To participate in meetings with the local agency responsible 
for implementing the IDEA to develop or review an IEP or IFSP for a 
child being considered for Head Start enrollment, a currently enrolled 
child, or a child transitioning from a program.
    (d) A program must retain a copy of the IEP or IFSP for any child 
enrolled in Head Start for the time the child is in the program, 
consistent with the IDEA requirements in 34 CFR parts 300 and 303.

Subpart G--Transition Services


Sec.  1302.70  Transitions from Early Head Start.

    (a) Implementing transition strategies and practices. An Early Head 
Start program must implement strategies and practices to support 
successful transitions for children and their families transitioning 
out of Early Head Start.
    (b) Timing for transitions. To ensure the most appropriate 
placement and service following participation in Early Head Start, such 
programs must, at least six months prior to each child's third 
birthday, implement transition planning for each child and family that:
    (1) Takes into account the child's developmental level and health 
status, progress made by the child and family while in Early Head 
Start, current and changing family circumstances and, the availability 
of Head Start, other public pre-kindergarten, and other early education 
and child development services in the community that will meet the 
needs of the child and family; and,
    (2) Transitions the child into Head Start or another program as 
soon as possible after their third birthday but permits the child to 
remain in Early Head Start for a limited number of additional months 
following their third birthday if necessary for an appropriate 
transition.
    (c) Family collaborations. A program must collaborate with parents 
of Early Head Start children to implement strategies and activities 
that support successful transitions from Early Head Start, and at a 
minimum, provide information about the child's progress during the 
program year and provide strategies for parents to continue their 
involvement in and advocacy for the education and development of their 
child.
    (d) Early Head Start and Head Start collaboration. Early Head Start 
and Head Start programs must work together to maximize enrollment 
transitions, from Early Head Start to Head Start, consistent with the 
eligibility provisions in subpart A of this part, and promote 
successful transitions through collaboration and communication.
    (e) Transition services for children with an IFSP. A program must 
provide additional transition services for children with an IFSP, at a 
minimum, as described in subpart F of this part.


1302.71  Transitions from Head Start to kindergarten.

    (a) Implementing transition strategies and practices. A program 
that serves children who will enter kindergarten in the following year 
must implement transition strategies to support a successful transition 
to kindergarten.
    (b) Family collaborations for transitions. (1) A program must 
collaborate with parents of enrolled children to implement strategies 
and

[[Page 35542]]

activities that will help parents advocate for and promote successful 
transitions to kindergarten for their children, including their 
continued involvement in the education and development of their child.
    (2) At a minimum, such strategies and activities must:
    (i) Help parents understand their child's progress during Head 
Start;
    (ii) Help parents understand and use the parenting practices that 
will effectively provide academic and social support for their children 
during their transition to kindergarten and foster their continued 
involvement in the education of their child;
    (iii) Prepare parents to exercise their rights and responsibilities 
concerning the education of their children in the elementary school 
setting, including the availability and appropriateness of 
participation for their child in language instruction educational 
programs, including those focused on Native language instruction; and,
    (iv) Assist parents in the ongoing communication with teachers and 
other school personnel so that parents can participate in decisions 
related to their children's education.
    (c) Community collaborations for transitions. (1) A program must 
collaborate with local education agencies to support parental 
involvement under section 642(b)(13) of the Act and state departments 
of education, as appropriate, and kindergarten teachers to implement 
strategies and activities that promote successful transitions to 
kindergarten for children, their families, and the elementary school.
    (2) At a minimum, such strategies and activities must include:
    (i) Coordination with schools or other appropriate agencies to 
ensure children's relevant records are transferred to the school or 
next placement in which a child will enroll, consistent with privacy 
requirements in part 1303 of this chapter;
    (ii) Communication between appropriate staff and their counterparts 
in the schools to facilitate continuity of learning and development, 
consistent with privacy requirements in subpart C of part 1303 of this 
chapter; and,
    (iii) Participation, as possible, for joint training and 
professional development activities for Head Start and kindergarten 
teachers and staff.
    (3) A program that does not operate during the summer must 
collaborate with school districts to determine the availability of 
summer school programming for children who will be entering 
kindergarten and work with parents and school districts to enroll 
children in such programs, as appropriate.
    (d) Learning environment activities. A program must implement 
strategies and activities in the learning environment that promote 
successful transitions to kindergarten for enrolled children, and at a 
minimum, include approaches that familiarize children with the 
transition to kindergarten and foster confidence about such transition.
    (e) Transition services for children with an IEP. A program must 
provide additional transition services for children with an IEP, at a 
minimum, as described in subpart F of this part.


Sec.  1302.72  Transitions between programs.

    (a) For families and children moving out of the community in which 
they are currently served, including homeless families and foster 
children, a program must undertake efforts to support effective 
transitions to other Early Head Start or Head Start programs.
    (b) A program that serves children whose families have decided to 
transition them to other high quality early education programs, 
including public pre-kindergarten, in the year prior to kindergarten 
entry must undertake strategies and activities described in Sec.  
1302.71(b), (c)(1), and (c)(2), as practicable and appropriate.
    (c) A migrant and seasonal Head Start program must undertake 
efforts to support effective transitions to other migrant and seasonal 
Head Start, Early Head Start, or Head Start programs for families and 
children moving out of the community in which they are currently 
served.

Subpart H--Services to Enrolled Pregnant Women


Sec.  1302.80  Enrolled pregnant women.

    (a) Within 30 days of enrollment, a program must determine whether 
each pregnant woman has an ongoing source of continuous, accessible 
health care--provided by a health care professional that maintains her 
ongoing health record and is not primarily a source of emergency or 
urgent care--and, as appropriate, health insurance coverage;
    (b) If the enrolled pregnant woman does not have such a source of 
ongoing care and, as appropriate, health insurance coverage, a program 
must, as quickly as possible, facilitate her access to such a source of 
care that will meet their needs; and,
    (c) A program must facilitate the ability of all enrolled pregnant 
women to access comprehensive services through referrals that, at a 
minimum, include nutritional counseling, food assistance, oral health 
care, mental health services, substance abuse prevention and treatment, 
and emergency shelter or transitional housing in cases of domestic 
violence.


Sec.  1302.81  Prenatal and postpartum services.

    (a) A program must provide enrolled pregnant women, fathers, and 
partners or other relevant family members the prenatal and postpartum 
services that address, as appropriate, prenatal and postpartum 
education, fetal development, the importance of nutrition, the risks of 
alcohol, drugs, and smoking, labor and delivery, postpartum recovery, 
infant care and safe sleep practices, and the benefits of 
breastfeeding.
    (b) A program must also address, as appropriate, supports for 
emotional well-being, nurturing and responsive caregiving, and father 
engagement during pregnancy and early childhood.


Sec.  1302.82  Family partnership services for enrolled pregnant women.

    (a) A program must engage enrolled pregnant women and other 
relevant family members in the family partnership services as described 
in Sec.  1302.52 and include a specific focus on factors that influence 
prenatal and postpartum maternal and infant health.
    (b) A program must provide a health staff visit to each mother and 
newborn within two weeks after the infant's birth to ensure the well-
being of both the mother and the child; and,
    (c) A program must engage enrolled pregnant women in discussions 
about program options, plan for the infant's transition to program 
enrollment, and support the mother during the transition process, where 
appropriate.

Subpart I--Human Resources Management


Sec.  1302.90  Personnel policies.

    (a) In general. A program must establish written personnel policies 
and procedures that are approved by the policy council or policy 
committee.
    (b) Recruitment and selection procedures for all staff. (1) Before 
an individual is hired, a program must conduct an interview, verify 
references, and obtain the following to ensure child safety:
    (i) (A) State or tribal criminal history records, including 
fingerprint checks; or,
    (B) Federal Bureau of Investigation criminal history records, 
including fingerprint checks; and,
    (ii) Clearance through child abuse and neglect registry, if 
available; and,
    (iii) Clearance through sex offender registries, if available.

[[Page 35543]]

    (2) Within 90 days after an employee is hired, a program must 
complete the background check process by obtaining whichever check 
listed in (b)(1)(i) was not obtained prior to employment.
    (3) A program must review each employment application to assess the 
relevancy of any issue uncovered by the complete background check 
including any arrest, pending criminal charge, or conviction and must 
use State licensing disqualification factors in any employment 
decisions.
    (4) A program must conduct a complete background check as described 
at paragraph (b) of this section for each staff member at least once 
every five years.
    (5) A program must consider current and former program parents for 
employment vacancies for which such parents are qualified.
    (6) A program must conduct the background screening described in 
paragraphs (b)(1)(ii) and (iii) of this section for individuals with 
whom the agencies contract to transport children.
    (c) Standards of conduct. (1) A program must ensure all staff, 
consultants, and volunteers abide by the program's standards of conduct 
that:
    (i) Ensure staff behavior does not endanger the health or safety of 
children, including, at a minimum, that staff must not:
    (A) Use corporal punishment;
    (B) Use isolation to discipline a child;
    (C) Bind or tie a child to restrict movement or tape a child's 
mouth;
    (D) Use or withhold food as a punishment or reward;
    (E) Use toilet learning/training methods that punish, demean, or 
humiliate a child;
    (F) Use any form of emotional abuse, including rejecting, 
terrorizing, extended ignoring, or corrupting a child;
    (G) Physically abuse or maltreat a child;
    (H) Use abusive, profane, sarcastic language or verbal abuse, 
threats, or derogatory remarks about the child or child's family;
    (I) Use any form of public or private humiliation; and,
    (J) Take away a child's physical activity/outdoor time as 
punishment;
    (ii) Ensure staff respect and promote the unique identity of each 
child and family and refrain from stereotyping on the basis of gender, 
race, ethnicity, culture, religion, disability, or family composition;
    (iii) Require staff comply with program confidentiality policies 
concerning information about children, families, and other staff 
members; and,
    (iv) Ensure no child is left alone or unsupervised by staff while 
under their care.
    (2) Personnel policies and procedures must include appropriate 
penalties for staff who violate the standards of conduct.
    (d) Communication with dual language learners and their families. 
(1) A program must ensure staff and program consultants are familiar 
with the ethnic backgrounds and heritages of families in the program 
and are able to serve and effectively communicate, either directly or 
through interpretation and translation, with children who are dual 
language learners and families with limited English proficiency.
    (2) If a majority of children in a classroom or home-based program 
speak the same language, at least one classroom staff member or home 
visitor must speak such language.


Sec.  1302.91  Staff qualification requirements.

    (a) In general. A program must ensure that all staff and 
consultants, including family service, health, and disabilities staff 
and consultants providing program services have sufficient knowledge, 
training and experience to fulfill the roles and responsibilities of 
their positions and to ensure high quality service delivery in 
accordance with the program performance standards.
    (b) Early Head Start center-based teachers. As prescribed in 
section 645A(h) of the Act, a program must ensure:
    (1) All center-based teachers that provide direct services to 
infants and toddlers in Early Head Start centers have a minimum of a 
Child Development Associate (CDA) credential, and have been trained or 
have equivalent coursework in early childhood development with a focus 
on infant and toddler development; and,
    (2) All center-based teachers demonstrate competency to provide 
effective and nurturing teacher-child interactions, plan and implement 
high quality learning experiences that ensure effective curriculum 
implementation and promote children's progress across the standards 
described in the Head Start Early Learning Outcomes Framework (Birth-
5);
    (c) Head Start center-based teachers. The Secretary must ensure 
that no less than fifty percent of all Head Start teachers, nationwide, 
have a baccalaureate degree in child development, early childhood 
education, or equivalent coursework. As prescribed in section 
648A(a)(2)(A) of the Act, a program must ensure:
    (1) All center-based teachers have at least an associate's or 
bachelor's degree in child development or early childhood education, or 
equivalent coursework; and,
    (2) All center-based teachers demonstrate competency to provide 
effective and nurturing teacher-child interactions, plan and implement 
learning experiences that ensure effective curriculum implementation 
and promote children's progress across the standards described in the 
Head Start Early Learning Outcomes Framework (Birth-5) and applicable 
State early learning and development standards, including for children 
eligible for IDEA.
    (d) Head Start assistant teachers. As prescribed in section 
648A(a)(2)(B)(ii) of the Act, a program must ensure all Head Start 
assistant teachers, at a minimum, have a CDA credential, are, are 
enrolled in a program that will lead to an associate or baccalaureate 
degree or, are enrolled in a CDA credential program to be completed 
within two years of the time of hire.
    (e) Education coordinators. As prescribed in section 
648A(a)(2)(B)(i) of the Act, a program must ensure staff and 
consultants that serve as education coordinators, including those that 
serve as curriculum specialists, have a baccalaureate or advanced 
degree in early childhood education or a baccalaureate or advanced 
degree and equivalent coursework in early childhood education with 
early education teaching experience.
    (f) Home visitors. A program must ensure home visitors providing 
home-based education services:
    (1) Have a minimum of a home-based CDA credential, or equivalent 
coursework as part of an associate's or bachelor's degree, and have 
training or experience in early childhood education, prenatal and child 
development, strength-based parent education, and family support; and 
the knowledge of community resources to link families with appropriate 
agencies and services; and,
    (2) Demonstrate competency to plan and implement home-based 
learning experiences that ensure effective implementation of the home 
visiting curriculum and promote children's progress across the 
standards described in the Head Start Early Learning Outcomes Framework 
(Birth-5).
    (g) Family child care providers. (1) A program must ensure that 
family child care providers have previous early child care experience 
and, at a minimum, are enrolled in a Family Child Care CDA program or 
state equivalent, or an associates or baccalaureate degree program in 
child development or early childhood education prior to beginning 
service provision. In addition, the program must ensure family child 
care providers acquire the CDA credential, at

[[Page 35544]]

a minimum, within eighteen months of beginning service provision.
    (2) A program that operates a family child-care option must make 
substitute staff and assistant providers with the necessary training 
and experience available to ensure quality services to children are not 
interrupted.
    (3) At the time of hire, a child development specialist must have, 
at a minimum, an associate degree in child development or early 
childhood education.
    (h) Additional staff qualifications. (1) A program must use staff 
or consultants, who are registered dietitians or nutritionists, to 
support nutrition services.
    (2) A program must use staff or consultants, who are licensed or 
certified mental health professionals, to support mental health 
services.
    (3) A program must assess staffing needs in order to meet federal 
financial management requirements and secure regularly scheduled or 
ongoing services of a fiscal officer qualified to meet their needs.
    (i) Early Head Start or Head Start director. If a program hires an 
Early Head Start or Head Start director after the effective date of 
this regulation, it must ensure the director has either a baccalaureate 
or an advanced degree, at a minimum, and experience in staff and fiscal 
management.


Sec.  1302.92  Training and professional development.

    (a) A program must provide to all new staff, consultants, and 
volunteers an orientation that focuses on, at a minimum, the goals and 
underlying philosophy of the program and on the ways they are 
implemented.
    (b) A program must establish and implement a systematic approach to 
staff training and development designed to assist staff in acquiring or 
increasing the knowledge and skills needed to provide high quality 
services within the scope of their job responsibilities, and attached 
to academic credit as appropriate. At a minimum, the system must 
include:
    (1) Training on methods to handle suspected or known child abuse 
and neglect cases, that comply with applicable federal, state, local, 
or tribal laws;
    (2) Training on best practices to support parent engagement 
strategies, as described in Sec. Sec.  1302.50 and 1302.52, and 
training for family services staff and home visitors on the knowledge 
and skills outlined in the relationship based competencies;
    (3) Research-based approaches to professional development for 
teachers, assistant teachers, home visitors, and family child care 
providers, that are focused on effective curricula implementation, 
knowledge of the content in Head Start Early Learning Outcomes 
Framework (Birth-5) providing effective and nurturing teacher-child 
interactions, supporting dual language learners as appropriate, 
addressing challenging behaviors, preparing children for transitions 
(as described in subpart G of this part), and improving child outcomes 
for all children; and,
    (4) A coordinated coaching strategy that aligns with the program's 
school readiness goals, curricula, and other approaches to professional 
development, and that:
    (i) Utilizes a coach with adequate training and experience in using 
assessment data to drive coaching strategies aligned with program 
performance goals;
    (ii) Ensures the coach has training or experience in adult 
learning; and,
    (iii) Ensures ongoing communication between the coach, program 
director, education director, and any other relevant staff.
    (5) Coaching strategies must include:
    (i) Clearly articulated goals informed by the program's performance 
goals, as described in Sec.  1302.102(a), and a process for achieving 
those goals;
    (ii) An assessment for all education staff to identify areas of 
needed support to achieve program performance goals;
    (iii) At a minimum, for education staff who would benefit the most 
from intensive coaching, opportunities to be observed and receive 
feedback and modeling of effective teacher practices directly related 
to program performance goals;
    (iv) At a minimum, for education staff members who do not need 
intensive coaching, opportunities to receive other forms of research-
based professional development aligned with program performance goals, 
which may include a group coaching approach; and,
    (v) Policies that ensure needs assessment results are not used to 
solely determine punitive actions for staff identified as needing 
support, without providing time and resources for staff to improve.
    (c) A program must ensure all teachers, assistant teachers, home 
visitors, and family child care providers complete a minimum of 15 
clock hours of professional development per year through the 
professional development system described in paragraph (b) of this 
section.
    (d) If a program wishes to develop an approach to professional 
development to better meet the training needs of program staff, the 
program may adapt or be exempt from the requirements in paragraphs 
(b)(4) and (5) of this section, if the program works with early 
childhood education expert staff or consultants from a college, 
university, or a research organization, to develop and evaluate the 
effectiveness of the professional development. Programs must report the 
use of such variations to the responsible HHS official. Programs must 
use the evaluation of effectiveness to determine the continued use of 
such professional development consistent with the process laid out in 
subpart J of this part.


Sec.  1302.93  Staff health and wellness.

    (a) A program must ensure each staff member has an initial health 
examination (that includes screening for tuberculosis) and a periodic 
re-examination (as recommended by their health care provider or as 
mandated by state, tribal, or local laws). The program must ensure 
staff do not, because of communicable diseases, pose a significant risk 
to the health or safety of others in the program that cannot be 
eliminated or reduced by reasonable accommodation, in accordance with 
the Americans with Disabilities Act and section 504 of the 
Rehabilitation Act.
    (b) A program must make mental health and wellness information 
available to staff regarding health issues that may affect their job 
performance.


Sec.  1302.94  Volunteers.

    (a) A program must ensure that regular volunteers have been 
screened for tuberculosis in accordance with state, tribal or local 
laws. In the absence of state, tribal or local law, the Health Services 
Advisory Committee must be consulted regarding the need for such 
screenings.
    (b) A program must ensure children are never left under the sole 
supervision of volunteers.

Subpart J--Program Management and Quality Improvement


Sec.  1302.100  In general.

    A program must provide management and a process of ongoing 
monitoring and self-improvement for achieving program performance goals 
that ensures child safety and the continuous delivery of effective, 
high quality program services.


Sec.  1302.101  Management system.

    (a) Implementation. A program must implement a management system 
with adequate record keeping for effective oversight of all program 
areas that:
    (1) Includes program directors and management staff who provide 
oversight

[[Page 35545]]

for all program areas, to enable delivery of high quality services in 
all of the program services described in subparts C, D, E, F, G, and H 
of this part;
    (2) Provides regular and ongoing supervision to support individual 
staff professional development and continuous program quality 
improvement; and,
    (3) Ensures budget and staffing patterns to promote continuity of 
care for all children enrolled that provide sufficient time for staff 
to participate in appropriate training and professional development, 
and for provision of the full range of services described in subparts 
C, D, E, F, G, and H of this part.
    (b) Coordinated approaches. At the beginning of each program year, 
and on an ongoing basis throughout the year, a program must design and 
implement program-wide coordinated approaches that ensure:
    (1) The system of training and professional development, as 
described in Sec.  1302.92, effectively supports staff delivery and 
continuous improvement of high quality services;
    (2) The full and effective participation of children who are dual 
language learners and their families, by providing services with 
appropriate program materials, curriculum, instruction, staffing, 
supervision, and partnerships, at a minimum;
    (3) The full and effective participation of all children with 
disabilities, including but not limited to children eligible for IDEA 
services, by providing services with appropriate facilities, program 
materials, curriculum, instruction, staffing, supervision, and 
partnerships, at a minimum, consistent with Section 504 of the 
Rehabilitation Act and the Americans with Disabilities Act; and
    (4) The data system and data governance procedures effectively 
support the overall management of Head Start data, including the 
availability, usability, integrity, and security of data. As part of 
these procedures, a program should:
    (i) Identify a data governance body or council with clear roles and 
responsibilities, establish a framework for decision-making and/or 
procedures on data management, including how data quality will be 
monitored, how data will be shared while protecting privacy and 
confidentiality, a plan to execute those procedures, and an 
accountability structure for meeting these requirements;
    (ii) Consult with the Head Start State Collaboration Office and/or 
the state's Early Childhood Advisory Council (HSSCO/ECAC) and the State 
Educational Agency (SEA) in developing these procedures, as 
appropriate;
    (iii) Integrate Head Start data with other early childhood data 
systems or sources and work with the state's K-12 Statewide 
Longitudinal Data System to share relevant data, to the extents 
practicable; and
    (iv) Align Head Start data collection and definitions, where 
possible, with the Common Education Data Standards.


Sec.  1302.102  Achieving program performance goals.

    (a) Establishing program performance goals. A program, in 
collaboration with the governing body and policy council, must 
establish goals and measurable objectives that include:
    (1) Effective health and safety practices to ensure children are 
safe at all times, per the requirements in Sec. Sec.  1302.47, 
1302.90(b) and (c), 1302.92(b)(1), 1302.94, and part 1303, subpart F of 
this chapter.
    (2) School readiness goals that are aligned with the Head Start 
Early Learning Outcomes Framework (Birth-5), state and tribal early 
learning standards, as appropriate, and requirements and expectations 
of schools Head Start children will attend, per the requirements of 
subpart B of part 1304 of this chapter;
    (3) Goals for the provision of educational, health, nutritional, 
and family and community engagement services as described in the 
program performance standards to further promote the school readiness 
of enrolled children; and
    (4) Strategic long-term goals for ensuring programs are and remain 
responsive to community needs as identified in their community 
assessment as described in subpart A of this part.
    (b) Monitoring program performance. (1) Ongoing compliance 
oversight and correction. In order to ensure effective ongoing 
oversight and correction, a program must establish and implement 
ongoing oversight procedures that ensure effective implementation of 
the program performance standards, including ensuring child safety, and 
other applicable federal regulations as described in this part, and 
must:
    (i) Correct quality and compliance issues immediately, or as 
quickly as possible;
    (ii) Work with the governing body and the policy council to address 
issues during the ongoing oversight and correction process and during 
federal oversight; and,
    (iii) Implement procedures that prevent recurrence of previous 
quality and compliance issues, including previously identified 
deficiencies, safety incidents, and audit findings.
    (2) Ongoing assessment of program performance goals. Programs must 
effectively oversee progress towards performance goals on an ongoing 
basis and annually must:
    (i) Conduct a self-assessment that evaluates the program's progress 
towards meeting goals established under paragraph (a) of this section, 
using aggregated child assessment data where applicable, compliance 
with program performance standards throughout the program year, and the 
effectiveness of the professional development and family engagement 
systems in promoting school readiness, using classroom, professional 
development, and parent and family engagement data, as appropriate;
    (ii) Communicate and collaborate with the governing body or policy 
council, program staff, and parents of enrolled children when 
conducting the annual self-assessment; and,
    (iii) Submit findings of the self-assessment, including information 
listed in paragraph (b)(3)(i) of this section to the responsible HHS 
official.
    (c) Using data for continuous improvement. (1) A program must 
implement a process for using data to identify program strengths and 
needs, develop and implement plans that address program needs, and 
continually evaluate progress towards achieving program performance 
goals described in paragraph (a) of this section and complying with 
program performance standards.
    (2) This process must:
    (i) Ensure data is aggregated, analyzed and compared in such a way 
to assist agencies in identifying risks and informing strategies for 
continuous improvement in all program service areas;
    (ii) Ensure child assessment data is aggregated and analyzed at 
least three times a year, including for sub-groups, such as dual 
language learners and children with disabilities, as appropriate, and 
used with other program data to direct continuous improvement related 
to curriculum choice and implementation, teaching practices, 
professional development, program design and other program decisions, 
including changing or targeting scope of services; and,
    (iii) Use lessons from ongoing monitoring and the annual self-
assessment, and program data on standardized teacher observations, 
staffing and professional development, child assessments, family needs 
assessments, and comprehensive services, to identify program needs, and

[[Page 35546]]

develop, and implement plans for program improvement; and,
    (iv) Use program improvement plans as needed to either strengthen 
or adjust content and strategies for professional development, change 
program scope and services, refine school readiness and other program 
performance goals, and use strategies to better address the needs of 
sub-groups.
    (d) Reporting. (1) A program must submit:
    (i) Status reports, determined by ongoing oversight data, to the 
governing body and policy council, at least semi-annually;
    (ii) Reports, as appropriate, to the responsible HHS official 
immediately or as soon as practicable, related to any risk affecting 
the health and safety of program participants;
    (iii) Reports, as appropriate, to the responsible HHS official 
immediately or as soon as practicable, regarding circumstances 
affecting the financial viability of the program, or program 
involvement in legal proceedings, including at a minimum:
    (A) Any matter for which notification or a report to state, tribal, 
or local authorities is required by applicable law;
    (B) Any reports regarding agency staff or volunteer compliance with 
federal, state, tribal, or local laws governing sex offenders or laws 
addressing child abuse and neglect;
    (C) Incidents that require classrooms or centers to be closed for 
any reason;
    (D) Legal proceedings by any party that involve the program, 
management, program staff, or volunteer as a party; and,
    (E) All conditions required to be reported under Sec.  1304.13 of 
this chapter.
    (2) Annually, a program must release a report that complies with 
section 644(a)(2) of the Act and includes the community needs 
assessment as described in Sec.  1302.11(b), consistent with privacy 
protections in subpart C of part 1303 of this chapter.
    (3) If a program has had a deficiency identified, it must submit, 
to the responsible HHS official, a quality improvement plan as required 
in section 641A(e)(2) of the Act.


1302.103  Implementation of program performance standards.

    (a) A current program at the time of the publication of this part, 
must implement a program-wide approach for the effective and timely 
implementation of the changes to the program performance standards, 
including the purchase of materials and allocation of staff time, as 
appropriate.
    (b) A program's approach to implementation of the changes included 
in parts 1301 through 1304 of this chapter must ensure:
    (1) Adequate preparation for effective and timely service delivery 
to children and their families including, at a minimum, review of 
community assessment data to determine the most appropriate strategy 
for implementing any slot reductions, as necessary, the purchase of and 
training on any curriculum, assessment, or other materials, as needed, 
assessment of program-wide professional development needs, assessment 
of staffing patterns, the development of coordinated approaches 
described in Sec.  1302.101(b), and the development of appropriate 
protections for data sharing; and
    (2) Currently enrolled children are not displaced during a program 
year and that children leaving Early Head Start or Head Start at the 
end of the program year following the publication of this rule as a 
result of any slot reductions received services described in Sec.  
1302.72 to facilitate successful transitions to other programs.
    (c) A program may request a one year extension from the responsible 
HHS official of the requirements outlined in Sec. Sec.  1302.21(c)(1), 
1302.22(c)(1) and 1302.23(c), if an extension is necessary to ensure 
currently enrolled children are not displaced from the Early Head Start 
or Head Start program as described in paragraph (b)(2) of this section.

PART 1303--FINANCIAL AND ADMINISTRATIVE REQUIREMENTS

Sec.
1303.1 Overview
Subpart A--Financial Requirements
1303.2 In general.
1303.3 Other requirements.
1303.4 Federal financial assistance, non-federal share matching and 
waiver requirements.
1303.5 Limitations on development and administrative costs.
Subpart B--Administrative Requirements
1303.10 In general.
1303.11 Limitations and prohibitions.
1303.12 Insurance and bonding.
Subpart C--Protections for the Privacy of Child Records
1303.20 In general.
1303.21 Program procedures--Applicable confidentiality provisions
1303.22 Disclosures with, and without, parental consent..
1303.23 Parents rights.
1303.24 Maintaining records.
Subpart D--Delegation of Program Operations
1303.30 In general.
1303.31 Determining and establishing delegate agencies.
1303.32 Evaluations and corrective actions for delegate agencies.
1303.33 Termination of delegate agencies.
Subpart E--Facilities
1303.40 In general.
1303.41 Approval of previously purchased facilities.
1303.42 Eligibility to purchase, construct, and renovate facilities.
1303.43 Use grant funds to pay fees.
1303.44 Applications to purchase, construct, and renovate 
facilities.
1304.45 Cost-comparison to purchase, construct, and renovate 
facilities.
1303.46 Recording and posting notices of federal interest.
1303.47 Contents of notices of federal interest.
1303.48 Grantee limitations on federal interest.
1303.49 Protection of federal interest in mortgage agreements.
1303.50 Third party leases and occupancy arrangements.
1303.51 Subordination of the federal interest.
1303.52 Insurance, bonding and maintenance.
1303.53 Copies of documents.
1303.54 Record retention.
1303.55 Procurement procedures.
1303.56 Inspection of work.
Subpart F--Transportation
1303.70 In general.
1303.71 Vehicles.
1303.72 Vehicle operation.
1303.73 Trip routing.
1303.74 Safety procedures.
1303.75 Children with disabilities.

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


Sec.  1303.1  Overview

    Section 641A of the Act requires that the Secretary modify as 
necessary program performance standards including administrative and 
financial management standards (section 641A(a)(1)(C)). This part 
specifies the financial and administrative requirements of agencies. 
Subpart A outlines the financial requirements consistent with sections 
640(b) and 644(b) and (c) of the Act. Subpart B of this part specifies 
the administrative requirements consistent with sections 644(a)(1), 
644(e), 653, 654, 655, 656, and 657A of the Act. Subpart C of this part 
implements the statutory provision at section 641A(b)(4) of the Act 
that directs the Secretary to ensure the confidentiality of any 
personally identifiable data, information, and records collected or 
maintained. Subpart D of this part prescribes regulations for the 
operation of delegate agencies consistent with section 641(A)(d) of the 
Act. Subpart E of this part implements the statutory requirements in 
section 644(c), (f) and (g) of the Act related to facilities. Subpart F 
of this part prescribes

[[Page 35547]]

regulations on transportation consistent with section 640(i) of the 
Act.

Subpart A--Financial Requirements


Sec.  1303.2  In general.

    This subpart establishes regulations applicable to program 
administration and grants management for all grants under the Act.


Sec.  1303.3  Other requirements.

    The following chart includes HHS regulations that apply to all 
grants made under the Act:

 
------------------------------------------------------------------------
                   Cite                                 Title
------------------------------------------------------------------------
45 CFR part 16............................  Department grant appeals
                                             process.
45 CFR part 30............................  HHS Standards and Procedures
                                             for Claims collection.
45 CFR part 46............................  Protection of human
                                             subjects.
45 CFR part 75............................  Uniform Administrative
                                             Requirements, Cost
                                             Principles, and Audit
                                             Requirements for Federal
                                             Awards.
45 CFR part 80............................  Nondiscrimination under
                                             programs receiving federal
                                             assistance through the
                                             Department of Health and
                                             Human Services--
                                             Effectuation of title VI of
                                             the Civil Rights Act of
                                             1964.
45 CFR part 81............................  Practice and procedure for
                                             hearings under part 80.
45 CFR part 84............................  Nondiscrimination on the
                                             basis of handicap in
                                             federally assisted
                                             programs.
45 CFR part 87............................  Equal treatment for faith
                                             based organizations.
2 CFR 170.................................  FFATA Sub-award and
                                             executive compensation.
2 CFR 25.110..............................  CCR/DUNS requirement.
------------------------------------------------------------------------

Sec.  1303.4  Federal financial assistance, non-federal share matching 
and waiver requirements.

    In accordance with section 640(b) of the Act, federal financial 
assistance to a grantee will not exceed 80 percent of the approved 
total program costs. A grantee must contribute 20 percent as non-
federal share match each budget period. The responsible HHS official 
may approve a waiver of all or a portion of the non-federal share 
matching requirement on the basis of the grantee's written application 
submitted during the budget period and any supporting evidence the 
responsible HHS official requires. In deciding whether to grant a 
waiver, the responsible HHS official will consider the circumstances 
specified at section 640(b) of the Act and whether the grantee has made 
a reasonable effort to comply with the non-federal share matching 
requirement.


Sec.  1303.5  Limitations on development and administrative costs.

    (a) In general. (1) Costs to develop and administer a program 
cannot be excessive or exceed 15% of the total approved program costs. 
Allowable costs to develop and administer a Head Start program cannot 
exceed 15 percent of the total approved program costs, which includes 
both federal costs and non-federal match, unless the responsible HHS 
official grants a waiver under paragraph (b) of this section that 
approves a higher percentage in order to carry out the purposes of the 
Act.
    (2) To assess total program costs and determine whether a grantee 
meets the requirement specified in paragraph (a) of this section, the 
grantee must:
    (i) Determine the costs of developing and administering its 
program, including the local costs of necessary resources;
    (ii) Categorize total costs as development and administrative or 
program costs;
    (iii) Identify and allocate the portion of dual benefits costs that 
are for development and administration;
    (iv) Identify and allocate the portion of indirect costs that are 
for development and administration versus program costs; and,
    (v) Delineate all development and administrative costs in the grant 
application and calculate the percentage of total approved costs 
allocated to development and administration.
    (b) Waivers. (1) The responsible HHS official may grant a waiver 
for each budget period of a specific time not to exceed 12 months, if a 
delay or disruption to program services is caused by circumstances 
beyond the agency's control, or if an agency is unable to administer 
the program within the 15 percent limitation and if the agency can 
demonstrate efforts to reduce its development and administrative costs.
    (2) If at any time within the grant funding cycle, a grantee 
estimates development and administration costs will exceed 15 percent 
of total approved costs, it must submit a waiver request to the 
responsible HHS official that explains why costs exceed the limit, that 
indicates the time period the waiver will cover, and that describes 
what the grantee will do to reduce its development and administrative 
costs to comply with the 15 percent limit after the waiver period.

Subpart B--Administrative Requirements


Sec.  1303.10  In general.

    A grantee must observe standards of organization, management, and 
administration that will ensure, so far as reasonably possible, that 
all program activities are conducted in a manner consistent with the 
purposes of the Act and the objective of providing assistance 
effectively, efficiently, and free of any taint of partisan political 
bias or personal or family favoritism.


Sec.  1303.11  Limitations and prohibitions.

    An agency must adhere to sections 644(e), 644(g)(3), 653, 654, 655, 
656, and 657A of the Act. These sections pertain to union organizing, 
the Davis-Bacon Act, limitations on compensation, nondiscrimination, 
unlawful activities, political activities, and obtaining parental 
consent.


Sec.  1303.12  Insurance and bonding.

    An agency must have an ongoing process to identify risks and have 
cost-effective insurance for those identified risks; a grantee must 
require the same for its delegates. The agency must specifically 
consider the risk of accidental injury to children while participating 
in the program. The grantee must submit proof of appropriate coverage 
in its initial application for funding. The process of identifying 
risks must also consider the risk of losses resulting from fraudulent 
acts by individuals authorized to disburse Head Start funds. Consistent 
with 45 CFR part 75, if the agency lacks sufficient coverage to protect 
the federal government's interest, the agency must maintain adequate 
fidelity bond coverage.

Subpart C--Protections for the Privacy of Child Records


Sec.  1303.20  In general.

    A program must establish procedures to ensure the protection of the 
confidentiality of any personally identifiable information in child 
records and which procedures meet the requirements in Sec. Sec.  
1303.21 through 1303.24 and applicable definitions in part 1305 of this 
chapter.


Sec.  1303.21  Program procedures--Applicable confidentiality 
provisions.

    If a program is an educational agency or institution subject to the 
confidentiality provisions under the Family Educational Rights and 
Privacy Act (FERPA) in 20 U.S.C. 1232g and 34 CFR part 99, it must 
comply with those confidentiality provisions of FERPA and those 
provisions govern (if they differ in any respect) from the provisions 
in Sec. Sec.  1303.20 through 1303.24. A program must also comply with 
the confidentiality provisions under the Individuals with Disabilities 
Education Act (IDEA) under either 34 CFR 300.610

[[Page 35548]]

through 300.626 (Part B of IDEA) or 34 CFR 303.401 through 303.417 
(Part C of IDEA) to protect the personally identifiable information in 
records of children served by the Head Start or Early Start program who 
are also eligible for, or receiving services, under Parts B and C of 
the IDEA and those provisions under the IDEA govern (if they differ in 
any respect) from the provisions in Sec. Sec.  1303.20 through 1303.24 
and the provisions in FERPA.


Sec.  1303.22  Disclosures with, and without, parental consent.

    (a) Disclosure with parental consent. (1) Subject to the provisions 
referenced in Sec.  1303.21 and the exceptions in paragraph (b) and (c) 
of this section, the procedures must require the program to obtain a 
parent's written consent before the program may disclose personally 
identifiable information from child records.
    (2) The procedures must require the program to ensure that the 
parent's written consent specifies what child records will be disclosed 
and explains why and to whom the records will be disclosed. The written 
consent must be signed and dated.
    (3) ``Signed and dated written consent'' under this part may 
include a record and signature in electronic form that--
    (i) Identifies and authenticates a particular person as the source 
of the electronic consent; and
    (ii) Indicates such person's approval of the information.
    (4) The program must explain to the parent that the granting of 
consent is voluntary on the part of the parent and may be revoked at 
any time. If a parent revokes consent, that revocation is not 
retroactive (i.e., it does not apply to an action that occurred before 
the consent was revoked).
    (b) Disclosure without parental consent but with parental notice 
and opportunity to refuse. Subject to the provisions in Sec.  1303.21, 
the procedures must allow the program to disclose personally 
identifiable information from child records without parental consent if 
the program notifies the parent about the disclosure, provides the 
parent, upon the parent's request, a copy of the personally 
identifiable information from child records to be disclosed in advance, 
and gives the parent an opportunity to challenge and refuse disclosure 
of the information in the records, before the program forwards the 
records to officials at a program, school, or school district in which 
the child seeks or intends to enroll or where the child is already 
enrolled so long as the disclosure is related to the child's enrollment 
or transfer.
    (c) Disclosure without parental consent. Subject to the provisions 
referenced in Sec.  1303.21, the procedures must allow the program to 
disclose personally identifiable information from child records without 
parental consent to:
    (1) Officials within the program or acting for the program (i.e. 
individuals in the Head Start or Early Head Start program who provide 
program services to the child), if the program determines the official 
has legitimate educational interests and informs parents of this 
provision at enrollment;
    (2) Authorized representatives of local, state or federal officials 
in connection with the audit or evaluation of Federally or State-
supported education, including early childhood, programs, or for 
enforcement of, or compliance with, the Federal legal requirements of 
these programs; Provided, that except when collection of personally 
identifiable information is specifically authorized by Federal law, the 
official agrees in writing (not including any authorized representative 
of the responsible HHS officials) that any data collected shall be 
protected in a manner which will not permit the personal identification 
of students and their parents by other than those officials and their 
authorized representatives, and such personally identifiable data shall 
be destroyed when no longer needed for such audit, evaluation, and 
enforcement of Federal legal requirements;
    (3) Organizations that conduct studies to improve child and family 
outcomes, including improving the quality of programs, for, or on 
behalf of, the program, as long as the organization agrees in writing 
to protect personally identifiable information from disclosure to 
individuals other than representatives of the organization conducting 
the study that have a legitimate interest in the information, to use 
personally identifiable information for specific purposes intended, and 
to destroy personally identifiable information when no longer needed 
for the purpose for which the research was conducted;
    (4) Appropriate parties in order to address a disaster or other 
health or safety emergency during the period of the emergency, if the 
program determines that disclosing the personally identifiable 
information from child records are necessary to protect the health or 
safety of children or other persons;
    (5) Comply with a judicial order or lawfully issued subpoena, 
provided the program makes a reasonable effort to notify the parent 
about all such subpoenas and court orders in advance of the compliance 
therewith, except if:
    (i) A disclosure is in compliance with a federal grand jury 
subpoena or with any other subpoena that a court has issued and has 
ordered that neither the subpoena nor its contents be disclosed or
    (ii) A parent is a party to a court proceeding involving child 
abuse and neglect (as defined in section 3 of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5101)) or dependency matters, 
and the order is issued in the context of that proceeding, additional 
notice to the parent by the program is not required;
    (6) The Secretary of Agriculture or an authorized representative 
from the Food and Nutrition Service to conduct program monitoring, 
evaluations, and performance measurements for the Child and Adult Care 
Food Program under the Richard B. Russell National School Lunch Act or 
the Child Nutrition Act of 1966, if the results will be reported in an 
aggregate form that does not identify any individual: provided, that 
any data collected must be protected in a manner that will not permit 
the personal identification of students and their parents by other than 
the authorized representatives of the Secretary of Agriculture and any 
personally identifiable data must be destroyed when the data are no 
longer needed for program monitoring, evaluations, and performance 
measurements; and,
    (7) A caseworker or other representative from a state, local, or 
tribal child welfare agency, who has the right to access a case plan 
for a child who is in foster care placement, when such agency is 
legally responsible for the child's care and protection, under state or 
tribal law, if the agency agrees in writing to protect personally 
identifiable information, to use information from the child's case plan 
for specific purposes intended of addressing the child's needs, and to 
destroy information that is no longer needed for those purposes.
    (d) Written agreements. If a program establishes a written 
agreement with a third party identified in paragraph (c) of this 
section, the procedures must require the program to review and update 
the agreement annually, if necessary, and to prohibit the third party 
from access to records for at least 5 years, if the third party 
violates the agreement.
    (e) Annual notice. The procedures must require the program to 
annually notify parents of their rights in writing described in 
Sec. Sec.  1303.20 through

[[Page 35549]]

1303.24, and applicable definitions in part 1305, and include in that 
notice, a description of the personally identifiable information that 
may be disclosed without parental consent.


Sec.  1303.23  Parents' rights.

    (a) Inspect record. A parent has the right to inspect child 
records. If the parent requests to inspect child records, the program 
must make the child records available within a reasonable time, but no 
more than 45 days after receipt of request. If a program maintains 
child records that contain information on more than one child, the 
program must ensure the parent only inspects information that pertains 
to the parent's child.
    (b) Amend record. (1) A parent has the right to ask the program to 
amend information in the child record that the parent believes is 
inaccurate, misleading, or violates the child's privacy.
    (2) The program must consider the parent's request and, if the 
request is denied, render a written decision to the parent within a 
reasonable time that informs the parent of the right to a hearing.
    (c) Hearing. (1) If the parent requests a hearing to challenge 
information in the child record, the program must schedule a hearing 
within a reasonable time, notify the parent, in advance, about the 
hearing, and ensure the person who conducts the hearing does not have a 
direct interest in its outcome.
    (2) The program must ensure the hearing affords the parent a full 
and fair opportunity to present evidence relevant to the issues.
    (3) If the program determines from evidence presented at the 
hearing that the information in the child records is inaccurate, 
misleading, or violates the child's privacy, the program must either 
amend or remove the information and notify the parent in writing.
    (4) If the program determines from evidence presented at the 
hearing that information in the child records is accurate, does not 
mislead, or otherwise does not violate the child's privacy, the program 
must inform the parent of the right to place a statement in the child 
records that either comments on the contested information or that 
states why the parent disagrees with the program's decision, or both.
    (d) Right to copy of record. The program must provide a parent, 
free of charge, an initial copy of child records disclosed to third 
parties with parental consent and, upon parent request, an initial copy 
of child records disclosed to third parties under one of the exceptions 
to parental consent in Sec. Sec.  1303.21, and 1303.22(b) and (c).
    (e) Right to inspect written agreements. A parent has the right to 
review any written agreements with third parties as provided under 
Sec.  1303.22(d).


Sec.  1303.24  Maintaining records.

    (a) A program must maintain child records in a manner that ensures 
only parents, and officials within the program or acting for the 
program have access.
    (b) A program must maintain, with the child records, for as long as 
the records are maintained, information on all individuals, agencies, 
or organizations to whom a disclosure of personally identifiable 
information from the child records was made (except for program 
officials and parents) and that indicates their expressed interests in 
the child records. If a program uses a web-based data system to 
maintain child records, the program must ensure that such child records 
are adequately protected and maintained according to current industry 
security standards.
    (c) If a parent places a statement in the child record in 
accordance with Sec.  1303.23(c)(4), the program must maintain the 
statement with the contested part of the child record for as long as 
the program maintains the record and, disclose the statement whenever 
it discloses the portion of the child record to which the statement 
relates.

Subpart D--Delegation of Program Operations


Sec.  1303.30  In general.

    A grantee is accountable for the services its delegate agencies 
provide. The grantee supports, oversees and ensures delegate agencies 
provide high quality services to children and families and meet all 
applicable Head Start requirements. The grantee can only terminate a 
delegate agency if the grantee shows cause why termination is necessary 
and provides a process for delegate agencies to appeal termination 
decisions. The grantee retains legal responsibility and authority and 
bears financial accountability for the program when services are 
provided by delegate agencies.


Sec.  1303.31  Determining and establishing delegate agencies.

    (a) If a grantee enters into an agreement with another entity to 
serve children, the grantee must determine whether the agreement meets 
the definition of ``delegate agency'' in section 637(3) of the Act.
    (b) A grantee must not award a delegate agency federal financial 
assistance unless there is a written agreement and the responsible HHS 
official approves the agreement before the grantee delegates program 
operations.


Sec.  1303.32  Evaluations and corrective actions for delegate 
agencies.

    A grantee must evaluate and ensure corrective action for delegate 
agencies according to section 641A(d) of the Act.


Sec.  1303.33  Termination of delegate agencies.

    (a) If a grantee shows cause why termination is appropriate or 
demonstrates cost effectiveness, the grantee may terminate a delegate 
agency's contract.
    (b) The grantee's decision to terminate must not be arbitrary or 
capricious.
    (c) The grantee must establish a process for defunding a delegate 
agency, including an appeal of a defunding decision and must ensure the 
process is fair and timely.
    (d) The grantee must notify the responsible HHS official about the 
appeal and its decision.

Subpart E--Facilities


Sec.  1303.40  In general.

    This subpart prescribes what a grantee must establish to show it is 
eligible to purchase, construct and renovate facilities as outlined at 
section 644(c), (f) and (g) of the Act. It explains how a grantee may 
apply for funds, details what measures a grantee must take to protect 
federal interest in facilities purchased, constructed or renovated with 
grant funds, and concludes with other administrative provisions. This 
subpart applies to major renovations. It only applies to minor 
renovations and repairs, when they are included with a purchase 
application and are part of purchase costs.


Sec.  1303.41  Approval of previously purchased facilities.

    If a grantee purchased a facility beginning in 1987, and continues 
to pay purchase costs for the facility or seeks to refinance current 
indebtedness, the grantee may apply for funds to meet those costs. The 
grantee must submit an application that conforms to requirements in 
this part and in the Act to the responsible HHS official. If the 
responsible HHS official approves the grantee's application, the 
grantee may only use the funds to pay purchase costs, which include 
amortizing, principal, and interest on loans.

[[Page 35550]]

Sec.  1303.42  Eligibility to purchase, construct, and renovate 
facilities.

    (a) Preliminary eligibility. Before a grantee can apply for funds 
to purchase, construct, or renovate a facility under Sec.  1303.44, it 
must establish that:
    (1) The facility will be available to Indian tribes, or rural or 
other low-income communities;
    (2) The proposed purchase, construction or major renovation is 
within the grantee's designated service area; and,
    (3) The proposed purchase, construction or major renovation is 
necessary because the lack of suitable facilities in the grantee's 
service area will inhibit the operation of the program.
    (4) If applying to construct a facility, that the construction of 
such facility is more cost-effective than the purchase of available 
facilities or renovation.
    (b) Proving a lack of suitable facilities. To satisfy paragraph 
(a)(3) of this section, the grantee must have a written statement from 
a licensed independent certified appraiser in the grantee's service 
area that supports factors the grantee considers and supports how the 
grantee determines there are no other suitable facilities in the area.


Sec.  1303.43  Use of grant funds to pay fees.

    A grantee may submit a written request to the responsible HHS 
official for reasonable fees and costs necessary to determine 
preliminary eligibility under Sec.  1303.42 before it submits an 
application under Sec.  1303.44. If the responsible HHS official 
approves the grantee's application, the grantee may use federal funds 
to pay fees and costs.


Sec.  1303.44  Applications to purchase, construct, and renovate 
facilities.

    (a) Application requirements. If a grantee is preliminarily 
eligible under Sec.  1303.42 to apply for funds to purchase, construct, 
or renovate a facility, it must submit to the responsible HHS official:
    (1) A statement that explains the anticipated effect the proposed 
purchase, construction or renovation has had or will have on program 
enrollment, activities and services, and how it determined what the 
anticipated effect would be;
    (2) A deed or other document showing legal ownership of the real 
property where facilities activity is proposed, legal description of 
the facility site, and an explanation why the location is appropriate 
for the grantee's service area;
    (3) Plans and specifications for the facility, including square 
footage, structure type, the number of rooms the facility will have or 
has, how the rooms will be used, where the structure will be positioned 
or located on the building site, and whether there is space available 
for outdoor play and for parking;
    (4) Certification by a licensed engineer or architect that the 
facility is, or will be upon completion, structurally sound and safe 
for use as a Head Start facility and that the facility complies, or 
will comply upon completion, with local building codes, applicable 
child care licensing requirements, the access requirements of the 
Americans with Disabilities Act, section 504 of the Rehabilitation Act 
of 1973, the Flood Disaster Protection Act of 1973, and the National 
Historic Preservation Act of 1966;
    (5) A description of proposed renovations or repairs to make the 
facility suitable for program activities, and plans and specification 
that describe the facility after renovation or repair;
    (6) A proposed schedule that details when the grantee will acquire, 
renovate, repair and occupy the facility;
    (7) An estimate, from a licensed independent certified appraiser, 
of the facility's fair market value after proposed purchase, 
construction, renovation or repair activities;
    (8) The cost comparison described in Sec.  1303.45;
    (9) A statement that shows what share of the purchase, 
construction, or major renovation will be paid with grant funds and 
what the grantee proposes to contribute as a nonfederal match to the 
purchase, construction or major renovation;
    (10) A statement from a lender, if a grantee applies to use Head 
Start funds to continue purchase on a facility or refinance existing 
debt on a facility that indicates the lender is willing to comply with 
Sec.  1303.49;
    (11) The terms of any proposed or existing loan(s) related to 
purchase, construction or major renovation of the facility, including 
copies of any funding commitment letters, mortgages, promissory notes, 
potential security agreements to be entered into, information on all 
other sources of funding, construction or major renovation, and any 
restrictions or conditions imposed by other funding sources;
    (12) A Phase I environmental site assessment that describes the 
environmental condition of the proposed facility site and any 
structures on the site; and,
    (13) A description of the efforts by the grantee to coordinate or 
collaborate with other providers in the community to seek assistance, 
including financial assistance, prior to the use of funds under this 
section;
    (14) Any additional information the responsible HHS official may 
require.
    (b) Additional requirements for leased properties. (1) If a grantee 
applies to renovate leased property, it must submit to the responsible 
HHS official information described in paragraph (a) of this section, an 
official a copy of the existing or proposed lease agreement, and the 
landlord or lessor's consent.
    (2) If a grantee applies to purchase a modular unit it intends to 
site on leased property or on other property the grantee does not own, 
the grantee must submit to the responsible HHS official information 
described in paragraph (a) of this section and a copy of the proposed 
lease or other occupancy agreement which will allow the grantee access 
to the modular unit for at least 15 years.
    (c) Non-federal match. Any non-federal match associated with 
facilities activities becomes part of the federal share of the 
facility.


Sec.  1303.45  Cost-comparison to purchase, construct, and renovate 
facilities.

    (a) Cost comparison. (1) If a grantee proposes to purchase, 
construct, or renovate a facility, it must submit a detailed cost 
estimate of the proposed activity, compare the costs associated with 
the proposed activity to other available alternatives in the service 
area, and provide any additional information the responsible HHS 
official requests. The grantee must demonstrate that the proposed 
activity will result in savings when compared to the costs that would 
be incurred to acquire the use of an alternative facility to carry out 
program.
    (2) In addition to requirements in paragraph (a)(1) of this 
section, the grantee must:
    (i) Identify who owns the property;
    (ii) List all costs related to the purchase, construction, or 
renovation;
    (iii) Identify costs over the structure's useful life, which is at 
least 20 years for a facility that the grantee purchased or constructed 
and at least 15 years for a modular unit the grantee renovated, and 
deferred costs, including mortgage balloon payments, as costs with 
associated due dates; and,
    (iv) Demonstrated how the proposed purchase, construction, or major 
renovation is consistent with program management and fiscal goals, 
community needs, enrollment and program options and how the proposed 
facility will support the grantee as it provides quality services to 
children and families.

[[Page 35551]]

    (b) Continue purchase or refinance. To use funds to continue 
purchase on a facility or to refinance an existing indebtedness, the 
grantee must compare the costs of continued purchase against the cost 
of purchasing a comparable facility in the service area over the 
remaining years of the facility's useful life. The grantee must 
demonstrate that the proposed activity will result in savings when 
compared to the cost that would be incurred to acquire the use of an 
alternative facility to carry out the program.
    (c) Multi-purpose use. If the grantee intends to use a facility to 
operate a Head Start program and for another purpose, it must disclose 
what percentage of the facility will be used for non-Head Start 
activities, along with costs associated with those activities, in 
accordance with applicable cost principles.


Sec.  1303.46  Recording and posting notices of federal interest.

    (a) Survival of federal interest. A grantee that receives funds 
under this subpart must file notices of federal interest as set forth 
in paragraph (b) of this section. Federal interest cannot be defeated 
by a grantee's failure to file a notice of federal interest.
    (b) Recording notices of federal interest. (1) If a grantee uses 
federal funds to purchase real property or a facility, excluding 
modular units, appurtenant to real property, it must record a notice of 
federal interest in the official real property records for the 
jurisdiction where the facility is or will be located. The grantee must 
file the notice of federal interest as soon as it uses Head Start funds 
to either fully or partially purchase a facility or real property where 
a facility will be constructed or as soon as it receives permission 
from the responsible HHS official to use Head Start funds to continue 
purchase on a facility.
    (2) If a grantee uses federal funds in whole or in part to 
construct a facility, it must record the notice of federal interest in 
the official real property records for the jurisdiction in which the 
facility is located as soon as it receives the notice of award to 
construct the facility.
    (3) If a grantee uses federal funds to renovate a facility that it, 
or a third party owns, the grantee must record the notice of federal 
interest in the official real property records for the jurisdiction in 
which the facility is located as soon as it receives the notice of 
award to renovate the facility.
    (4) If a grantee uses federal funds in whole or in part to purchase 
a modular unit or to renovate a modular unit, the grantee must post the 
notice of federal interest, in clearly visible locations, on the 
exterior of the modular unit and inside the modular unit.


Sec.  1303.47  Contents of notices of federal interest.

    (a) Facility and real property a grantee owns. A notice of federal 
interest for a facility, other than a modular unit, and real property 
the grantee owns or will own, must include:
    (1) The grantee's correct legal name and current mailing address;
    (2) A legal description of the real property;
    (3) Grant award number, amount and date of initial facilities 
funding award or initial use of base grant funds for ongoing purchase 
or mortgage payments;
    (4) Acknowledgement that the notice of federal interest includes 
funds awarded in grant award(s) and any Head Start funds subsequently 
used to purchase, construct or to make major or minor renovations on 
the real property;
    (5) A statement that the facility and real property will only be 
used for purposes consistent with the Act and applicable Head Start 
regulations;
    (6) A statement that the facility and real property will not be 
mortgaged or used as collateral, sold or otherwise transferred to 
another party, without the responsible HHS official's written 
permission;
    (7) A statement that the federal interest cannot be subordinated, 
diminished, nullified or released through encumbrance of the property, 
transfer of the property to another party or any other action the 
grantee takes without the responsible HHS official's written 
permission;
    (8) A statement that proves the grantee disclosed to the governing 
body that it filed a notice of federal interest and that shows the date 
the governing body approved a copy of the proposed notice of federal 
interest; however, the governing bodies' failure to approve a copy of 
the proposed notice of federal does not defeat the federal interest 
and,
    (9) The name, title, and signature of the person who drafted the 
notice.
    (b) Facility leased by a grantee. (1) A notice of federal interest 
for a leased facility, excluding a modular unit, on land the grantee 
does not own, must be recorded in the official real property records 
for the jurisdiction where the facility is located and must include:
    (i) The grantee's correct legal name and current mailing address;
    (ii) A legal description of affected real property;
    (iii) The grant award number, amount and date of initial funding 
award or initial use of base grant funds for major renovation;
    (iv) Acknowledgement that the notice of federal interest includes 
any Head Start funds subsequently used to make major renovations on the 
affected real property;
    (v) A statement the facility and real property will only be used 
for purposes consistent with the Act and applicable Head Start 
regulations; and,
    (vi) The lease or occupancy agreement that includes information 
from paragraphs (a)(1) through (9) of this section may be recorded in 
the official real property records for the jurisdiction where the 
facility is located.
    (2) If a grantee cannot file the lease or occupancy agreement 
described in paragraph (b)(1)(vi) of this section in the official real 
property records for the jurisdiction where the facility is located, it 
may file an abstract. The abstract must include the names and addresses 
of parties to the lease or occupancy agreement, terms of the lease or 
occupancy agreement, and information described in paragraphs (a)(1) 
through (9) of this section.
    (c) Modular units. A notice of federal interest on a modular unit 
the grantee purchased or renovated must be visible and clearly posted 
on the exterior of the modular and inside the modular and must include:
    (1) The grantee's correct legal name and current mailing address;
    (2) The grant award number, amount and date of initial funding 
award or initial use of base grant funds to purchase or renovate;
    (3) Proof that the notice of federal interest includes any Head 
Start funds subsequently used to renovate the modular unit;
    (4) A statement that the facility and real property will only be 
used for purposes consistent with the Act and applicable Head Start 
regulations;
    (5) A statement that the modular unit will not be mortgaged or used 
as collateral, sold or otherwise transferred to another party, without 
the responsible HHS official's written permission;
    (6) A statement that the federal interest cannot be subordinated, 
diminished, nullified or released through encumbrance of the property, 
transfer to another party, or any other action the grantee takes 
without the responsible HHS official's written permission;
    (7) A statement that the modular unit cannot be moved to another 
location without the responsible HHS official's written permission;
    (8) A statement that confirms the grantee disclosed to the agency's

[[Page 35552]]

governing body that it filed a notice of federal interest and the date 
the governing body approved a copy of the proposed notice of federal 
interest; however, the governing bodies' failure to approve a copy of 
the proposed notice of federal does not defeat the federal interest 
and,
    (9) The name, title, and signature of the person who completed the 
notice for the grantee agency.


Sec.  1303.48  Grantee limitations on federal interest.

    (a) In general. A grantee cannot mortgage, use as collateral for a 
credit line or for other loan obligations, or, sell or transfer to 
another party, a facility, real property, or a modular unit it has 
purchased, constructed or renovated with Head Start funds, without the 
responsible HHS official's written permission.
    (b) Limitations. A grantee must have the responsible HHS official's 
written permission before it can use real property, a facility, or a 
modular unit subject to federal interest for a purpose other than that 
for which the grantee's application was approved.


Sec.  1303.49  Protection of federal interest in mortgage agreements.

    (a) Any mortgage agreement or other security instrument that is 
secured by real property or a modular unit constructed or purchased in 
whole or in part with federal funds or subject to renovation with 
federal funds must:
    (1) Specify that the responsible HHS official can intervene in case 
the grantee defaults on, terminates or withdraws from the agreement;
    (2) Designate the responsible HHS official to receive a copy of any 
notice of default given to the grantee under the terms of the agreement 
and include the regional grants management officer's current address;
    (3) Include a clause that requires any action to foreclose the 
mortgage agreement or security agreement be suspended for 60 days after 
the responsible HHS official receives the default notice to allow the 
responsible HHS official reasonable time to respond;
    (4) Include a clause that preserves the notice of federal interest 
and the grantee's obligation for its federal share if the responsible 
HHS official fails to respond to any notice of default provided under 
this section;
    (5) Include a statement that requires the responsible HHS official 
to be paid the federal interest before foreclosure proceeds are paid to 
the lender, unless the official's rights under the notice of federal 
interest have been subordinated by a written agreement in conformance 
with Sec.  1303.51;
    (6) Include a clause that gives the responsible HHS official the 
right to cure any default under the agreement within the designated 
period to cure the default; and,
    (7) Include a clause that gives the responsible HHS official the 
right to assign or transfer the agreement to another interim or 
permanent grantee.
    (b) A grantee must immediately notify the responsible HHS official 
about any default under a real property or mortgage agreement.


Sec.  1303.50  Third party leases and occupancy arrangements.

    (a) If a grantee receives federal funds to construct or renovate a 
facility on real property the grantee does not own or to purchase or 
renovate a modular unit on real property the grantee does not own, the 
grantee must have a lease or other occupancy agreement of at least 30 
years for construction of a facility and at least 15 years for a major 
renovation or placement of a modular unit.
    (b) The lease or occupancy agreement must:
    (1) Provide for the grantee's right of continued use and occupancy 
of the leased or occupied premises during the entire term of the lease;
    (2) Designate the regional grants management officer to receive a 
copy of any notice of default given to the grantee under the terms of 
the agreement and include the regional grants management officer's 
current address;
    (3) Specify that the responsible HHS official has the right to cure 
any default under the lease or occupancy agreement within the 
designated period to cure default; and,
    (4) Specify that the responsible HHS official has the right to 
transfer the lease to another interim or replacement grantee.


Sec.  1303.51  Subordination of the federal interest.

    Only the responsible HHS official can subordinate federal interest 
to the rights of a lender or other third party if the official agrees 
in writing, the mortgage agreement or security agreement for which 
subordination is requested complies with Sec.  1303.49, and, the amount 
of federal funds already contributed to the facility does not exceed 
the amount provided by the lender seeking subordination.


Sec.  1303.52  Insurance, bonding and maintenance.

    (a) In general. If a grantee uses federal funds to purchase or 
continue purchase on a facility, excluding modular units, the grantee 
must obtain a title insurance policy for the purchase price that names 
the responsible HHS official as an additional loss payee.
    (b) Insurance coverage. (1) If a grantee uses federal funds to 
purchase or continue purchase on a facility or modular unit the grantee 
must maintain physical damage or destruction insurance at the full 
replacement value of the facility, for as long as the grantee owns or 
occupies the facility.
    (2) If a facility is located in an area the National Flood 
Insurance Program defines as high risk, the grantee must maintain flood 
insurance for as long as the grantee owns or occupies the facility.
    (3) A grantee must submit to the responsible HHS official, within 
10 days after coverage begins, copies of insurance papers.
    (c) Maintenance. A grantee must keep all facilities purchased or 
constructed in whole or in part with Head Start funds in good repair in 
accordance with all applicable federal state and local laws, rules and 
regulations, including Head Start requirements, zoning requirements, 
building codes, health and safety regulations and child care licensing 
standards.


Sec.  1303.53  Copies of documents.

    A grantee must submit to the responsible HHS official, within 10 
days after filing or execution, copies of deeds, leases, loan 
instruments, mortgage agreements, notices of federal interest, and 
other legal documents related to the purchase, construction, 
renovation, or the discharge of any debt secured by the facility.


Sec.  1303.54  Record retention.

    A grantee must retain records pertinent to the lease, purchase, 
construction or renovation of a facility funded in whole or in part 
with Head Start funds, for as long as the grantee owns or occupies the 
facility, plus 3 years.


Sec.  1303.55  Procurement procedures.

    (a) A grantee must comply with all grants management regulations, 
including specific regulations applicable to transactions in excess of 
the current simplified acquisition threshold, cost principles, and its 
own procurement procedures, and must provide, to the maximum extent 
practical, open and full competition.
    (b) A grantee must obtain the responsible HHS official's written 
approval before it uses Head Start funds, in whole or in part, to 
contract construction or renovation services. The grantee must ensure 
these contracts are paid on a lump sum fixed-price basis.
    (c) A grantee must obtain prior written approval from the 
responsible

[[Page 35553]]

HHS official for contract modifications that would change the scope or 
objective of a project or would materially alter the costs, by 
increasing the amount of grant funds needed to complete the project.
    (d) A grantee must ensure all construction and renovation contracts 
paid, in whole or in part with Head Start funds contain a clause that 
gives the responsible HHS official or his or her designee access to the 
facility, at all reasonable times, during construction and inspection.


Sec.  1303.56  Inspection of work.

    The grantee must submit to the responsible HHS official a final 
facility inspection report by a licensed engineer or architect within 
30 calendar days after the project is completed. The inspection report 
must certify that the facility complies with local building codes, 
applicable child care licensing requirements, is structurally sound and 
safe for use as a Head Start facility, complies with the access 
requirements of the Americans with Disabilities Act (ADA), section 504 
of the Rehabilitation Act of 1973 and the Flood Disaster Protection Act 
of 1973, and complies with National Historic Preservation Act of 1966.

Subpart F--Transportation


Sec.  1303.70  In general.

    (a) Applicability. This subpart applies to all agencies, including 
those that provide transportation services, with the exceptions and 
exclusions provided in this section, regardless of whether such 
transportation is provided directly on agency owned or leased vehicles 
or through arrangement with a private or public transportation 
provider.
    (b) Providing transportation services. (1) If a program does not 
provide transportation services, either for all or a portion of the 
children, it must provide reasonable assistance to the families of such 
children to arrange transportation to and from its activities, and 
provide information about these transportation options in recruitment 
announcements.
    (2) A program that provides transportation services must make 
reasonable efforts to coordinate transportation resources with other 
human services agencies in its community in order to control costs and 
to improve the quality and the availability of transportation services.
    (3) A program that provides transportation services must ensure 
that all accidents involving vehicles that transport children are 
reported in accordance with applicable State requirements.
    (c) Waiver. (1) A program that provides transportation services 
must comply with all provisions in this subpart. A Head Start program 
may request to waive a specific requirement in this part, in writing, 
to the responsible HHS official, as part of an agency's annual 
application for financial assistance or amendment and must submit any 
required documentation the responsible HHS official deems necessary to 
support the waiver. The responsible HHS official is not authorized to 
waive any requirements with regard to children enrolled in an Early 
Head Start program. A program may request a waiver when:
    (i) Adherence to a requirement in this part would create a safety 
hazard in the circumstances faced by the agency; and,
    (ii) For preschool children, compliance with requirements related 
to child restraint systems at Sec. Sec.  1303.71(d) and 1303.72(a)(1) 
or bus monitors at Sec.  1303.72(a)(4) of this chapter will result in a 
significant disruption to the program and the agency demonstrates that 
waiving such requirements is in the best interest of the children 
involved.
    (2) The responsible HHS official is not authorized to waive any 
requirements of the Federal Motor Vehicle Safety Standards (FMVSS) made 
applicable to any class of vehicle under 49 CFR part 571.


Sec.  1303.71  Vehicles.

    (a) Required use of schools buses or allowable alternative 
vehicles. A program, with the exception of transportation services to 
children served under a home-based option, must ensure that all 
vehicles used or purchased with grant funds to provide transportation 
services to enrolled children are school buses or allowable alternate 
vehicles that are equipped for use of height- and weight-appropriate 
child restraint systems, and that have reverse beepers.
    (b) Emergency equipment. A program must ensure that each vehicle 
used in providing such services is equipped with an emergency 
communication system and appropriate emergency safety equipment, 
including a seat belt cutter, charged fire extinguisher, and first aid 
kit.
    (c) Auxiliary seating. A program must ensure that any auxiliary 
seating, such as temporary or folding jump seats, used in vehicles of 
any type providing such services are built into the vehicle by the 
manufacturer as part of its standard design, are maintained in proper 
working order, and are inspected as part of the annual inspection 
required under paragraph (f) of this section.
    (d) Child restraint systems. A program must ensure that each 
vehicle used to transport children receiving such services is equipped 
for use of height- and weight-appropriate child safety restraint 
systems.
    (e) Vehicle maintenance. (1) A program must ensure vehicles used to 
provide such services are in safe operating condition at all times.
    (2) The program must:
    (i) At a minimum, conduct an annual thorough safety inspection of 
each vehicle through an inspection program licensed or operated by the 
state;
    (ii) Carry out systematic preventive maintenance on vehicles; and,
    (iii) Ensure each driver implements daily pre-trip vehicle 
inspections.
    (f) New vehicle inspection. A program must ensure that bid 
announcements for school buses and allowable alternate vehicles to 
transport children in its program include correct specifications and a 
clear statement of the vehicle's intended use. The program must ensure 
that vehicles are examined at delivery to ensure that they are equipped 
in accordance with the bid specifications and that the manufacturer's 
certification of compliance with the applicable FMVSS is included with 
the vehicle.


Sec.  1303.72  Vehicle operation.

    (a) Safety. A program must ensure that:
    (1) Vehicles seat each child in a child restraint system 
appropriate to the child's height and weight;
    (2) Baggage and other items transported in the passenger 
compartment are properly stored and secured, and the aisles remain 
clear and the doors and emergency exits remain unobstructed at all 
times;
    (3) Up-to-date child rosters and lists of the adults each child is 
authorized to be released to, including alternates in case of 
emergency, are maintained and no child is left behind, either at the 
classroom or on the vehicle at the end of the route; and,
    (4) With the exception of transportation services to children 
served under a home-based option, there is at least one bus monitor on 
board at all times, with additional bus monitors provided as necessary.
    (b) Driver qualifications. A program, with the exception of 
transportation services to children served under a home-based option, 
must ensure that drivers, at a minimum:
    (1) In states where such licenses are granted, have a valid 
Commercial Driver's License (CDL) for vehicles in the same class as the 
vehicle the driver will operating; and,

[[Page 35554]]

    (2) Meet any physical, mental, and other requirements as necessary 
to perform job-related functions with any necessary reasonable 
accommodations.
    (c) Driver application review. In addition to the applicant review 
process prescribed Sec.  1302.90(b) of this chapter, a program, with 
the exception of transportation services to children served under a 
home-based option, must ensure the applicant review process for drivers 
includes, at minimum:
    (1) Disclosure by the applicant of all moving traffic violations, 
regardless of penalty;
    (2) A check of the applicant's driving record through the 
appropriate state agency, including a check of the applicant's record 
through the National Driver Register, if available in the state;
    (3) A check that drivers qualify under the applicable driver 
training requirements in the state or tribal jurisdiction; and,
    (4) After a conditional employment offer to the applicant and 
before the applicant begins work as a driver, a medical examination, 
performed by a licensed doctor of medicine or osteopathy, establishing 
that the individual possesses the physical ability to perform any job-
related functions with any necessary accommodations.
    (d) Driver training. (1) A program must ensure any person employed 
as a driver receives training prior to transporting any enrolled child 
and receives refresher training each year.
    (2) Training must include:
    (i) Classroom instruction and behind-the-wheel instruction 
sufficient to enable the driver to operate the vehicle in a safe and 
efficient manner, to safely run a fixed route, to administer basic 
first aid in case of injury, and to handle emergency situations, 
including vehicle evacuation, operate any special equipment, such as 
wheelchair lifts, assistance devices or special occupant restraints, 
conduct routine maintenance and safety checks of the vehicle, and 
maintain accurate records as necessary; and,
    (ii) Instruction on the topics listed in Sec.  1303.75 related to 
transportation services for children with disabilities.
    (3) A program must ensure the annual evaluation of each driver of a 
vehicle used to provide such services includes an on-board observation 
of road performance.
    (e) Bus monitor training. A program must train each bus monitor 
before the monitor begins work, on child boarding and exiting 
procedures, how to use child restraint systems, completing any required 
paperwork, how to respond to emergencies and emergency evacuation 
procedures, how to use special equipment, child pick-up and release 
procedures, how to conduct and pre- and post-trip vehicle checks. Bus 
monitors are also subject to staff safety training requirements in 
Sec.  1303.47(b)(4) including CPR and first aid.


Sec.  1303.73  Trip routing.

    (a) A program must consider safety of the children it transports 
when it plans fixed routes.
    (b) A program must also ensure:
    (1) The time a child is in transit to and from the program must not 
exceed one hour unless there is no shorter route available or any 
alternative shorter route is either unsafe or impractical;
    (2) Vehicles are not loaded beyond maximum passenger capacity at 
any time;
    (3) Drivers do not back up or make ``U'' turns, except when 
necessary for safety reasons or because of physical barriers;
    (4) Stops are located to minimize traffic disruptions and to afford 
the driver a good field of view in front of and behind the vehicle;
    (5) When possible, stops are located to eliminate the need for 
children to cross the street or highway to board or leave the vehicle;
    (6) Either a bus monitor or another adult escorts children across 
the street to board or leave the vehicle if curbside pick-up or drop 
off is impossible; and,
    (7) Drivers use alternate routes in the case of hazardous 
conditions that could affect the safety of the children who are being 
transported, such as ice or water build up, natural gas line breaks, or 
emergency road closing.


Sec.  1303.74  Safety procedures.

    (a) A program must ensure children who receive transportation 
services are taught safe riding practices, safety procedures for 
boarding and leaving the vehicle and for crossing the street to and 
from the vehicle at stops, recognition of the danger zones around the 
vehicle, and emergency evacuation procedures, including participating 
in an emergency evacuation drill conducted on the vehicle the child 
will be riding.
    (b) A program that provides transportation services must ensure 
that at least two bus evacuation drills are conducted during the 
program year.


Sec.  1303.75  Children with disabilities.

    (a) A program must ensure that there are school buses or allowable 
alternate vehicles adapted or designed for transportation of children 
with disabilities available as necessary to transport such children 
enrolled in the program. This requirement does not apply to the 
transportation of children receiving home-based services unless school 
buses or allowable alternate vehicles are used to transport the other 
children served under the home-based option by the grantee. Whenever 
possible, children with disabilities must be transported in the same 
vehicles used to transport other children enrolled in the Head Start or 
Early Head Start program.
    (b) A program must ensure that special transportation requirements 
in a child's IEP or IFSP are followed, including special pick-up and 
drop-off requirements, seating requirements, equipment needs, any 
assistance that may be required, and any necessary training for bus 
drivers and monitors.

PART 1304--FEDERAL ADMINISTRATIVE PROCEDURES

Subpart A--Monitoring, Suspension, Termination or Denial of Refunding, 
Reduction in Funding, and their appeals
Sec.
1304.1 In general.
1304.2 Monitoring
1304.3 Suspension with notice.
1304.4 Emerrgency suspension without advance notice.
1304.5 Termination and denial of refunding.
1304.6 Appeal for prospective delegate agencies.
1304.7 Legal fees.
Subpart B--Designation Renewal
1304.10 Purpose and scope.
1304.11 Basis for determining whether a Head Start agency will be 
subject to an open competition.
1304.12 Grantee reporting requirements concerning certain 
conditions.
1304.13 Requirements to be considered for designation for a five-
year period when the existing grantee in a community is not 
determined to be delivering a high quality and comprehensive Head 
Start program and is not automatically renewed.
1304.14 Tribal government consultation under the Designation Renewal 
System for when an Indian Head Start grant is being considered for 
competition.
1304.15 Designation request, review and notification process.
1304.16 Use of CLASS: Pre-K Instrument in the Designation Renewal 
System.
Subpart C--Selection of Grantees through Competition
1304.20 Selection among applicants.
Subpart D--Replacement of American Indian/Alaska Native Grantees
1304.30 Procedure for identification of alternative agency.
1304.31 Requirements of alternative agency.
1304.32 Alternative agency--prohibition.
Subpart E--Head Start Fellows Program
1304.40 In general.
1304.41 Fellows Program.


[[Page 35555]]


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

Subpart A--Monitoring, Suspension, Termination or Denial of 
Refunding, Reduction in Funding, and their Appeals


Sec.  1304.1  In general.

    (a) Section 641A(c) of the Act requires the Secretary to monitor 
whether a grantee meets program governance, program operations, and 
financial and administrative standards described in this regulation and 
to identify areas for improvements and areas of strength as part of the 
grantee's ongoing self-assessment process. This subpart focuses on the 
monitoring process. It discusses areas of noncompliance, deficiencies, 
and corrective action through quality improvement plans.
    (b) Section 646(a) of the Act requires the Secretary to prescribe 
procedures for notice and appeal for certain adverse actions. This 
subpart establishes rules and procedures to suspend financial 
assistance to a grantee, deny a grantee's application for refunding, 
terminate, or reduce a grantee's assistance under the Act when the 
grantee improperly uses federal funds or fails to comply with 
applicable laws, regulations, policies, instructions, assurances, terms 
and conditions or, if the grantee loses its legal status or financial 
viability. This subpart does not apply to reductions to a grantee's 
financial assistance based on chronic under-enrollment procedures at 
section 641A(h) of the Act or to matters described in subpart B. This 
subpart does not apply to any administrative action based upon any 
violation, or alleged violation, of title VI of the Civil Rights Act of 
1964. Except as otherwise provided for in this subpart, the appeals and 
processes in this subpart will be governed by the Departmental Appeals 
Board regulations at 45 CFR part 16.


Sec.  1304.2  Monitoring.

    (a) Areas of noncompliance. If a responsible HHS official 
determines through monitoring, pursuant to section 641(A)(c)(1) and (2) 
of the Act, that a grantee fails to comply with any of the standards 
described in parts 1301, 1302, and 1303 under this title, the official 
will notify the grantee promptly in writing, identify the area of 
noncompliance, and specify when the grantee must correct the area of 
noncompliance.
    (b) Deficiencies. If the Secretary determines that a grantee meets 
one of the criteria for a deficiency, as defined in section 637(2)(C) 
of the Act, the Secretary shall inform the grantee of the deficiency. 
The grantee must correct the deficiency pursuant to section 
641A(e)(1)(B) of the Act, as the responsible HHS official determines.
    (c) Quality improvement plans. If the responsible HHS official does 
not require the grantee to correct a deficiency immediately as 
prescribed under section 641A(e)(1)(B)(i) of the Act, the grantee must 
submit to the official, for approval, a quality improvement plan that 
adheres to section 641A(e)(2)(A) of the Act.


Sec.  1304.3  Suspension with notice.

    (a) Grounds to suspend financial assistance with notice. If a 
grantee breaches or threatens to breach any requirement stated in Sec.  
1304.1, the responsible HHS official may suspend the grantee's 
financial assistance, in whole or in part, after it has given the 
grantee notice and an opportunity to show cause why assistance should 
not be suspended.
    (b) Notice requirements. (1) The responsible HHS official must 
notify the grantee in writing that ACF intends to suspend financial 
assistance, in whole or in part. The notice must:
    (i) Specify grounds for the suspension;
    (ii) Include the date suspension will become effective;
    (iii) Inform the grantee that it has the opportunity to submit to 
the responsible HHS official, at least 7 days before suspension becomes 
effective, any written material it would like the official to consider, 
and to inform the grantee that it may request, in writing, no later 
than 7 days after the suspension notice was mailed, to have an informal 
meeting with the responsible HHS official;
    (iv) Invite the grantee to voluntarily correct the deficiency; and,
    (v) Include a copy of this subpart.
    (2) The responsible HHS official must promptly transmit the 
suspension notice to the grantee. The notice becomes effective when the 
grantee receives the notice, when the grantee refuses delivery, or when 
the suspension notice is returned to sender unclaimed.
    (3) The responsible HHS official must send a copy of the suspension 
notice to any delegate agency whose actions or whose failures to act 
substantially caused or contributed to the proposed suspension. The 
responsible HHS official will inform the delegate agency that it is 
entitled to submit written material to oppose the suspension and to 
participate in the informal meeting, if one is held. In addition, the 
responsible HHS official may give notice to the grantee's other 
delegate agencies.
    (4) After the grantee receives the suspension notice, it has 3 days 
to send a copy of the notice to delegate agencies that would be 
financially affected by a suspension.
    (c) Opportunity to show cause. The grantee may submit to the 
responsible HHS official any written material to show why financial 
assistance should not be suspended. The grantee may also request, in 
writing, to have an informal meeting with the responsible HHS official. 
If the grantee requests an informal meeting, the responsible HHS 
official must schedule the meeting within 7 days after the grantee 
receives the suspension notice.
    (d) Extensions. If the responsible HHS official extends the time or 
the date by which a grantee has to make requests or to submit material, 
it must notify the grantee in writing.
    (e) Decision. (1) The responsible HHS official will consider any 
written material presented before or during the informal meeting, as 
well as any proof the grantee has adequately corrected what led to 
suspension, and will render a decision within 5 days after the informal 
meeting. If no informal meeting is held, the responsible HHS official 
will render a decision within 5 days after it receives written material 
from all concerned parties.
    (2) If the responsible HHS official finds the grantee failed to 
show cause why ACF should not suspend financial assistance, the 
official may suspend financial assistance, in whole or in part, and 
under terms and conditions as he or she deems appropriate.
    (3) A suspension must not exceed 30 days, unless the conditions 
under section 646(a)(5)(B) are applicable or the grantee requests the 
suspension continue for an additional period of time and the 
responsible HHS official agrees.
    (4) The responsible HHS official may appoint an agency to serve as 
an interim grantee to operate the program until the grantee's 
suspension is lifted, or as otherwise provided under section 
646(a)(5)(B) of the Act.
    (f) Obligations incurred during suspension. New obligations the 
grantee incurs while under suspension are not allowed unless the 
responsible HHS official expressly authorizes them in the suspension 
notice or in an amendment to the suspension notice. Necessary and 
otherwise allowable costs which the grantee could not reasonably avoid 
during the suspension period will be allowed if they result from 
obligations the grantee properly incurred before suspension and not in 
anticipation of suspension or termination. The responsible HHS official 
may allow third-party in-kind contributions applicable to the 
suspension period to

[[Page 35556]]

satisfy cost sharing or matching requirements.
    (g) Modify or rescind suspension. The responsible HHS official may 
modify or rescind suspension at any time, if the grantee can 
satisfactorily show that it has adequately corrected what led to 
suspension and that it will not repeat such actions or inactions. 
Nothing in this section precludes the HHS official from imposing 
suspension again for an additional 30 days if the cause of the 
suspension has not been corrected.


Sec.  1304.4  Emergency suspension without advance notice.

    (a) Grounds to suspend financial assistance without advance notice. 
The responsible HHS official may suspend financial assistance, in whole 
or in part, without prior notice and an opportunity to show cause if 
there is an emergency situation, such as a serious risk for substantial 
injury to property or loss of project funds, a federal, state, or local 
criminal statute violation, or harm to staff or participants' health 
and safety.
    (b) Emergency suspension notification requirements. (1) The 
emergency suspension notification must:
    (i) Specify the grounds for the suspension;
    (ii) Include terms and conditions of any full or partial 
suspension;
    (iii) Inform that grantee it cannot make or incur any new 
expenditures or obligations under suspended portion of the program; 
and,
    (iv) Advise the grantee that it may request, in writing, within 5 
days after the date the emergency suspension became effective, an 
informal meeting with the responsible HHS official, to show why the 
suspension should be rescinded.
    (2) The responsible HHS official must promptly transmit the 
emergency suspension notification to the grantee by any means showing 
the date of receipt. The emergency suspension becomes effective upon 
delivery of the notification or upon the date the grantee refuses 
delivery, or upon return of the notification unclaimed.
    (3) After the grantee receives the emergency suspension 
notification, it must send a copy to delegate agencies affected by the 
suspension, within 2 workdays.
    (4) The responsible HHS official must inform affected delegate 
agencies that they have the right to participate in the informal 
meeting.
    (c) Opportunity to show cause. If the grantee requests an informal 
meeting, the responsible HHS official must schedule a meeting within 5 
workdays after it receives the grantee's request. The suspension will 
continue until the grantee has been afforded such opportunity and until 
the responsible HHS official renders a decision. Notwithstanding 
provisions in section, the responsible HHS official may proceed to deny 
refunding or to initiate termination proceedings at any time even 
though the grantee's financial assistance has been suspended in whole 
or in part.
    (d) Decision. (1) The responsible HHS official will consider any 
written material presented before or during the informal meeting, as 
well as any proof the grantee has adequately corrected what led to 
suspension, and render a decision within five work days after the 
informal meeting.
    (2) If the responsible HHS official finds the grantee failed to 
show cause why suspension should be rescinded, the responsible HHS 
official may continue the suspension, in whole or in part, and under 
the terms and conditions specified in the emergency suspension 
notification.
    (3) A suspension must not exceed 30 days, unless the conditions 
under section 646(a)(5)(B) are applicable or the grantee requests the 
suspension to continue for an additional period of time and the 
responsible HHS official agrees.
    (4) The responsible HHS official may appoint an agency to serve as 
an interim grantee to operate the program until either the grantee's 
emergency suspension is lifted or a new grantee is selected.
    (e) Obligations incurred during suspension. Any new obligations the 
grantee incurs during the suspension period will not be allowed unless 
the responsible HHS official expressly authorizes them in the 
suspension notice or in an amendment to the suspension notice. 
Necessary and otherwise allowable costs which the grantee could not 
reasonably avoid during the suspension period will be allowed if those 
costs result from obligations properly incurred before suspension and 
not in anticipation of suspension, denial of refunding or termination. 
The responsible HHS official may allow third-party in-kind 
contributions applicable to the suspension period to satisfy cost 
sharing or matching requirements.
    (f) Modify or rescind suspension. The responsible HHS official may 
modify or rescind suspension at any time, if the grantee can 
satisfactorily show that is has adequately corrected what led to the 
suspension and that it will not repeat such actions or inactions. 
Nothing in this section precludes the HHS official from imposing 
suspension again for an additional 30 days if the cause of the 
suspension has not been corrected.


Sec.  1304.5  Termination and denial of refunding.

    (a) Grounds to terminate financial assistance or deny a grantee's 
application for refunding. (1) A responsible HHS official may terminate 
financial assistance in whole or in part to a grantee or deny a 
grantee's application for refunding.
    (2) The responsible HHS official may terminate financial assistance 
in whole or in part, or deny refunding to a grantee for any one or for 
all of the following reasons:
    (i) The grantee is no longer financially viable;
    (ii) The grantee has lost the requisite legal status or permits;
    (iii) The grantee has failed to timely correct one or more 
deficiencies as defined in the Act;
    (iv) The grantee has failed to comply with eligibility 
requirements;
    (v) The grantee has failed to comply with the Head Start grants 
administration or fiscal requirements set forth in 45 CFR part 1303;
    (vi) The grantee has failed to comply with requirements in the Act;
    (vii) The grantee is debarred from receiving federal grants or 
contracts; or
    (viii) The grantee has failed to abide by any other terms and 
conditions of its award of financial assistance, or any other 
applicable laws, regulations, or other applicable federal or state 
requirements or policies.
    (b) Notice requirements. (1) The responsible HHS official will 
notify the grantee and such notice will:
    (i) Include the legal basis for termination or adverse action as 
described at paragraph (a) of this section;
    (ii) Include factual findings on which the action is based or 
reference specific findings in another document that form the basis for 
termination or denial of refunding;
    (iii) Cite to any statutory provisions, regulations, or policy 
issuances on which ACF is relies for its determination;
    (iv) Inform the grantee that it may appeal the denial or 
termination within 30 days to the Departmental Appeals Board, that the 
appeal will be governed by 45 CFR part 16, except as otherwise provided 
in the Head Start appeals regulations, that a copy of the appeal must 
sent to the responsible HHS official, and that it has the right to 
request and receive a hearing, as mandated under section 646 of the 
Act;
    (v) Inform the grantee that only its board of directors, or an 
official acting

[[Page 35557]]

on the board's behalf can appeal the decision;
    (vi) Name the delegate agency, if the actions of that delegate are 
the basis, in whole or in part, for the proposed action; and,
    (vii) Inform the grantee that the appeal must meet requirements in 
paragraph (d) of this section; and, that if the responsible HHS 
official fails to meet requirements in this paragraph, the pending 
action may be dismissed without prejudice or remanded to reissue it 
with corrections.
    (2) The responsible HHS official must provide the grantee as much 
advance notice, but no later than 30 days after ACF receives the 
application, that it has the opportunity for a full and fair hearing on 
whether refunding should be denied.
    (c) Grantee's appeal. (1) The grantee must adhere to procedures and 
requirements for appeals in 45 CFR part 16, file the appeal with the 
Departmental Appeals Board, and serve a copy of the appeal on the 
responsible HHS official who issued the termination or denial of 
refunding notice. The grantees must also serve a copy of its appeal on 
any affected delegate.
    (2) While a grantee appeals a termination decision, funding will 
continue unless the responsible HHS official renders an adverse 
decision, or unless the current budget period is expired. If the 
responsible HHS official has not rendered a decision by the end of the 
current budget period, the official will award the grantee interim 
funding until a decision is made.
    (d) Funding during suspension. If a grantee's funding is suspended, 
the grantee will not receive funding during the termination 
proceedings, or at any other time, unless the action is rescinded or 
the grantee's appeal is successful.
    (e) Interim and replacement grantees. The responsible HHS official 
may appoint an interim or replacement grantee as soon as a termination 
action is affirmed by the Departmental Appeals Board.
    (f) Opportunity to show cause. (1) If the Departmental Appeals 
Board sets a hearing for a proposed termination or denial of refunding 
action, the grantee has 5 workdays to send a copy of the notice it 
receives from the Departmental Appeals Board, to all delegate agencies 
that would be financially affected by termination and to each delegate 
agency identified in the notice.
    (2) The grantee must send to the Departmental Appeals Board and to 
the responsible HHS official a list of the delegate agencies it 
notified and the dates when it notified them.
    (3) If the responsible HHS official initiated proceedings because 
of a delegate agency's activities, the official must inform the 
delegate agency that it may participate in the hearing. If the delegate 
agency chooses to participate in the hearing, it must notify the 
responsible HHS official in writing within 30 days of the grantee's 
appeal. If any other delegate agency, person, agency or organization 
wishes to participate in the hearing, it may request permission to do 
so from the Departmental Appeals Board.
    (4) If the grantee fails to appear at the hearing, without good 
cause, the grantee will be deemed to have waived its right to a hearing 
and consented to have the Departmental Appeals Board make a decision 
based on the parties' written information and argument.
    (5) A grantee may waive the hearing and submit written information 
and argument for the record, within a reasonable period of time to be 
fixed by the Departmental Appeals Board.
    (6) The responsible HHS official may attempt, either personally or 
through a representative, to resolve the issues in dispute by informal 
means prior to the hearing.
    (g) Decision. The Departmental Appeals Board's decision and any 
measure the responsible HHS official takes after the decision is fully 
binding upon the grantee and its delegate agencies, whether or not they 
actually participated in the hearing.


Sec.  1304.6  Appeal for prospective delegate agencies.

    (a) In general. If a grantee denies, or fails to act on, a 
prospective delegate agency's funding application, the prospective 
delegate may appeal the grantee's decision or inaction.
    (b) Process for prospective delegates. To appeal, a prospective 
delegate must:
    (1) Submits the appeal, including a copy of the funding 
application, to the responsible HHS official within 30 days after it 
receives the grantee's decision; or within 30 days after the grantee 
has had 120 days to review but has not notified the applicant of a 
decision; and,
    (2) Provide the grantee with a copy of the appeal at the same time 
the appeal is filed with the responsible HHS official.
    (c) Process for grantees. When an appeal is filed with the 
responsible HHS official, the grantee must respond to the appeal and 
submit a copy of its response to the responsible HHS official and to 
the prospective delegate agency within 30 work days.
    (d) Decision. (1) The responsible HHS official will sustain the 
grantee's decision, if the official determines the grantee did not act 
arbitrarily, capriciously, or otherwise contrary to law, regulation, or 
other applicable requirements.
    (2) The responsible HHS official will render a written decision to 
each party within a reasonable timeframe. The official's decision is 
final and not subject to further appeal.
    (3) If the responsible HHS official finds the grantee did act 
arbitrarily, capriciously, or otherwise contrary to law, regulation, or 
other applicable requirements, the grantee will be directed to 
reevaluate their applications.


Sec.  1304.7  Legal fees.

    (a) An agency is not authorized to charge to its grant legal fees 
or other costs incurred to appeal terminations, reductions of funding, 
or denials of applications of refunding decisions.
    (b) If a program prevails in a termination, reduction, or denial of 
refunding decision, the responsible HHS official may reimburse the 
agency for reasonable and customary legal fees, incurred during the 
appeal, if:
    (1) The Departmental Appeals Board overturns the responsible HHS 
official's decision;
    (2) The agency can prove it incurred fees during the appeal; and,
    (3) The agency can prove the fees incurred are reasonable and 
customary.

Subpart B--Designation Renewal


Sec.  1304.10  Purpose and scope.

    The purpose of this subpart is to set forth policies and procedures 
for the designation renewal of Head Start and Early Head Start 
programs. It is intended that these programs be administered 
effectively and responsibly; that applicants to administer programs 
receive fair and equitable consideration; and that the legal rights of 
current Head Start and Early Head Start grantees be fully protected. 
The Designation Renewal System is established in this Part to determine 
whether Head Start and Early Head Start agencies deliver high quality 
services to meet the educational, health, nutritional, and social needs 
of the children and families they serve; meet the program and financial 
requirements and standards described in section 641A(a)(1) of the Head 
Start Act; and qualify to be designated for funding for five years 
without competing for such funding as required under section 641(c) of 
the Head Start Act with respect to Head Start agencies and pursuant to 
section 645A(b)(12) and (d) with respect to Early Head Start agencies. 
A competition to select a new Head Start or Early Head Start agency to 
replace a

[[Page 35558]]

Head Start or Early Head Start agency that has been terminated 
voluntarily or involuntarily is not part of the Designation Renewal 
System established in this Part, and is subject instead to the 
requirements of Sec.  1304.20.


Sec.  1304.11  Basis for determining whether a Head Start agency will 
be subject to an open competition.

    A Head Start or Early Head Start agency shall be required to 
compete for its next five years of funding whenever the responsible HHS 
official determines that one or more of the following seven conditions 
existed during the relevant time period covered by the responsible HHS 
official's review under Sec.  1304.15:
    (a) An agency has been determined by the responsible HHS official 
to have one or more deficiencies on a single review conducted under 
section 641A(c)(1)(A), (C), or (D) of the Act in the relevant time 
period covered by the responsible HHS official's review under Sec.  
1304.15.
    (b) An agency has been determined by the responsible HHS official 
based on a review conducted under section 641A(c)(1)(A), (C), or (D) of 
the Act during the relevant time period covered by the responsible HHS 
official's review under Sec.  1304.15 not to have:
    (1) After December 9, 2011, established program goals for improving 
the school readiness of children participating in its program in 
accordance with the requirements of section 641A(g)(2) of the Act and 
demonstrated that such goals:
    (i) Appropriately reflect the ages of children, birth to five, 
participating in the program;
    (ii) Align with the Birth to Five Head Start Child Outcomes 
Framework, State early learning guidelines, and the requirements and 
expectations of the schools, to the extent that they apply to the ages 
of children, birth to five, participating in the program and at a 
minimum address the domains of language and literacy development, 
cognition and general knowledge, approaches toward learning, physical 
well-being and motor development, and social and emotional development;
    (iii) Were established in consultation with the parents of children 
participating in the program.
    (2) After December 9, 2011, taken steps to achieve the school 
readiness goals described under paragraph (b)(1) of this section 
demonstrated by:
    (i) Aggregating and analyzing aggregate child-level assessment data 
at least three times per year (except for programs operating less than 
90 days, which will be required to do so at least twice within their 
operating program period) and using that data in combination with other 
program data to determine grantees' progress toward meeting its goals, 
to inform parents and the community of results, and to direct 
continuous improvement related to curriculum, instruction, professional 
development, program design and other program decisions; and
    (ii) Analyzing individual ongoing, child-level assessment data for 
all children birth to age five participating in the program and using 
that data in combination with input from parents and families to 
determine each child's status and progress with regard to, at a 
minimum, language and literacy development, cognition and general 
knowledge, approaches toward learning, physical well-being and motor 
development, and social and emotional development and to individualize 
the experiences, instructional strategies, and services to best support 
each child.
    (c) An agency has been determined during the relevant time period 
covered by the responsible HHS official's review under Sec.  1304.15:
    (1) After December 9, 2011, to have an average score across all 
classrooms observed below the following minimum thresholds on any of 
the three CLASS: Pre-K domains from the most recent CLASS: Pre-K 
observation:
    (i) For the Emotional Support domain the minimum threshold is 4;
    (ii) For the Classroom Organization domain, the minimum threshold 
is 3;
    (iii) For the Instructional Support domain, the minimum threshold 
is 2;
    (2) After December 9, 2011, to have an average score across all 
classrooms observed that is in the lowest 10 percent on any of the 
three CLASS: Pre-K domains from the most recent CLASS: Pre-K 
observation among those currently being reviewed unless the average 
score across all classrooms observed for that CLASS: Pre-K domain is 
equal to or above the standard of excellence that demonstrates that the 
classroom interactions are above an exceptional level of quality. For 
all three domains, the ``standard of excellence'' is a 6.
    (d) An agency has had a revocation of its license to operate a Head 
Start or Early Head Start center or program by a State or local 
licensing agency during the relevant time period covered by the 
responsible HHS official's review under Sec.  1304.15 of this chapter, 
and the revocation has not been overturned or withdrawn before a 
competition for funding for the next five-year period is announced. A 
pending challenge to the license revocation or restoration of the 
license after correction of the violation shall not affect application 
of this requirement after the competition for funding for the next 
five-year period has been announced.
    (e) An agency has been suspended from the Head Start or Early Head 
Start program by ACF during the relevant time period covered by the 
responsible HHS official's review under Sec.  1304.16 and the 
suspension has not been overturned or withdrawn. If there is a pending 
appeal and the agency did not have an opportunity to show cause as to 
why the suspension should not have been imposed or why the suspension 
should have been lifted if it had already been imposed under this part 
1304, the agency will not be required to compete based on this 
condition. If an agency has received an opportunity to show cause, the 
condition will be implemented regardless of appeal status.
    (f) An agency has been debarred from receiving Federal or State 
funds from any Federal or State department or agency or has been 
disqualified from the Child and Adult Care Food Program (CACFP) any 
time during the relevant time period covered by the responsible HHS 
official's review under Sec.  1304.15 but has not yet been terminated 
or denied refunding by ACF. (A debarred agency will only be eligible to 
compete for Head Start funding if it receives a waiver described in 2 
CFR 180.135.)
    (g) An agency has been determined within the twelve months 
preceding the responsible HHS official's review under Sec.  1304.15 to 
be at risk of failing to continue functioning as a going concern. The 
final determination is made by the responsible HHS official based on a 
review of the findings and opinions of an audit conducted in accordance 
with section 647 of the Act; an audit, review or investigation by a 
State agency; a review by the National External Audit Review (NEAR) 
Center; or an audit, investigation or inspection by the Department of 
Health and Human Services Office of Inspector General.


Sec.  1304.12  Grantee reporting requirements concerning certain 
conditions.

    (a) Head Start agencies must report in writing to the responsible 
HHS official within 30 working days of December 9, 2011, if the agency 
has had a revocation of a license to operate a center by a State of 
local licensing entity during the period between June 12, 2009, and 
December 9, 2011.
    (b) Head Start agencies must report in writing to the responsible 
HHS official within 10 working days of occurrence any of the following 
events following December 9, 2011:
    (1) The agency has had a revocation of a license to operate a 
center by a State or local licensing entity.

[[Page 35559]]

    (2) The agency has filed for bankruptcy or agreed to a 
reorganization plan as part of a bankruptcy settlement.
    (3) The agency has been debarred from receiving Federal or State 
funds from any Federal or State department or agency or has been 
disqualified from the Child and Adult Care Food Program (CACFP).
    (4) The agency has received an audit, audit review, investigation 
or inspection report from the agency's auditor, a State agency, or the 
cognizant Federal audit agency containing a determination that the 
agency is at risk for ceasing to be a going concern.


Sec.  1304.13  Requirements to be considered for designation for a 
five-year period when the existing grantee in a community is not 
determined to be delivering a high quality and comprehensive Head Start 
program and is not automatically renewed.

    In order to compete for the opportunity to be awarded a five-year 
grant, an agency must submit an application to the responsible HHS 
official that demonstrates that it is the most qualified entity to 
deliver a high quality and comprehensive Head Start or Early Head Start 
program. The application must address the criteria for selection listed 
at section 641(d)(2) of the Act for Head Start. Any agency that has had 
its Head Start or Early Head Start grant terminated for cause in the 
preceding five years is excluded from competing in such competition for 
the next five years. A Head Start or Early Head Start agency that has 
had a denial of refunding, as defined in 45 CFR part 1305, in the 
preceding five years is also excluded from competing.


Sec.  1304.14  Tribal government consultation under the Designation 
Renewal System for when an Indian Head Start grant is being considered 
for competition.

    (a) In the case of an Indian Head Start or Early Head Start agency 
determined not to be delivering a high quality and comprehensive Head 
Start or Early Head Start program, the responsible HHS official will 
engage in government-to-government consultation with the appropriate 
Tribal government or governments for the purpose of establishing a plan 
to improve the quality of the Head Start program or Early Head Start 
program operated by the Indian Head Start or Indian Early Head Start 
agency.
    (1) The plan will be established and implemented within six months 
after the responsible HHS official's determination.
    (2) Not more than six months after the implementation of that plan, 
the responsible HHS official will reevaluate the performance of the 
Indian Head Start or Early Head Start agency.
    (3) If the Indian Head Start or Early Head Start agency is still 
not delivering a high quality and comprehensive Head Start or Early 
Head Start program, the responsible HHS official will conduct an open 
competition to select a grantee to provide services for the community 
currently being served by the Indian Head Start or Early Head Start 
agency.
    (b) A non-Indian Head Start or Early Head Start agency will not be 
eligible to receive a grant to carry out an Indian Head Start program, 
unless there is no Indian Head Start or Early Head Start agency 
available for designation to carry out an Indian Head Start or Indian 
Early Head Start program.
    (c) A non-Indian Head Start or Early Head Start agency may receive 
a grant to carry out an Indian Head Start program only until such time 
as an Indian Head Start or Indian Early Head Start agency in such 
community becomes available and is designated pursuant to this part.


Sec.  1304.15  Designation request, review and notification process.

    (a) Grantees must apply to be considered for Designation Renewal.
    (1) For the transition period, each Head Start or Early Head Start 
agency wishing to be considered to have their designation as a Head 
Start or Early Head Start agency renewed for a five year period without 
competition shall request that status from ACF within six months of 
December 9, 2011.
    (2) After the transition period, each Head Start or Early Head 
Start agency wishing to be considered to have their designation as a 
Head Start or Early Head Start agency renewed for another five year 
period without competition shall request that status from ACF at least 
12 months before the end of their five year grant period or by such 
time as required by the Secretary.
    (b) ACF will review the relevant data to determine if one or more 
of the conditions under Sec.  1304.11 were met by the Head Start and 
Early Head Start agency's program:
    (1) During the first year of the transition period, ACF shall 
review the data on each Head Start and Early Head Start agency to 
determine if any of the conditions under Sec.  1304.11(a) or (d) 
through (g) were met by the agency's program since June 12, 2009.
    (2) During the remainder of the transition period, ACF shall review 
the data on each Head Start and Early Head Start agency still under 
grants with indefinite project periods and for whom ACF has relevant 
data on all of the conditions in Sec.  1304.11(a) through (g) to 
determine if any of the conditions under Sec.  1304.11(a) or (d) 
through (g) were met by the agency's program since June 12, 2009, or if 
the conditions under Sec.  1304.11 (b) or (c) of this chapter existed 
in the agency's program since December 9, 2011.
    (3) Following the transition period, ACF shall review the data on 
each Head Start and Early Head Start agency in the fourth year of the 
grant to determine if any of the conditions under Sec.  1304.11 existed 
in the agency's program during the period of that grant.
    (c) ACF will give notice to grantees on Designation Renewal System 
status, except as provided in Sec.  1304.14:
    (1) During the first year of the transition period, ACF shall give 
written notice to all grantees meeting any of the conditions under 
Sec.  1304.11(a) or (d) through (g) of this part since June 12, 2009, 
by certified mail return receipt requested or other system that 
establishes the date of receipt of the notice by the addressee, stating 
that the Head Start or Early Head Start agency will be required to 
compete for funding for an additional five-year period, identifying the 
conditions ACF found, and summarizing the basis for the finding. All 
grantees that do not meet any of the conditions under Sec.  1304.11(a) 
or (d) through (g) will remain under indefinite project periods until 
the time period described under Sec.  1304.15(b)(2).
    (2) During the remainder of the transition period, ACF shall give 
written notice to all grantees still under grants with indefinite 
project periods and on the conditions in Sec.  1304.11(a) through (g) 
by certified mail return receipt requested or other system that 
establishes the date of receipt of the notice by the addressee stating 
either:
    (i) The Head Start or Early Head Start agency will be required to 
compete for funding for an additional five-year period because ACF 
finds that one or more conditions under Sec.  1304.11 (a) through (g) 
has been met during the relevant time period described in paragraph (b) 
of this section, identifying the conditions ACF found, and summarizing 
the basis for the finding; or
    (ii) That such agency has been determined on a preliminary basis to 
be eligible for renewed funding for five years without competition 
because ACF finds that none of the conditions under Sec.  1304.11 have 
been met during the relevant time period described in paragraph (b) of 
this section. If prior to the award of that grant, ACF determines that 
the grantee has met one of the conditions under Sec.  1304.11 during 
the relevant time period described in paragraph (b) of this section, 
this determination will change and the

[[Page 35560]]

grantee will receive notice under paragraph (c)(2)(i) of this section 
that it will be required to compete for funding for an additional five-
year period.
    (3) Following the transition period, ACF shall give written notice 
to all grantees at least 12 months before the expiration date of a Head 
Start or Early Head Start agency's then current grant by certified mail 
return receipt requested or other system that establishes the date of 
receipt of the notice by the addressee, stating:
    (i) The Head Start or Early Head Start agency will be required to 
compete for funding for an additional five-year period because ACF 
finds that one or more conditions under Sec.  1304.11 were met by the 
agency's program during the relevant time period described in paragraph 
(b) of this section, identifying the conditions ACF found, and 
summarizing the basis for the finding; or,
    (ii) That such agency has been determined on a preliminary basis to 
be eligible for renewed funding for five years without competition 
because ACF finds that none of the conditions under Sec.  1304.11 have 
been met during the relevant time period described in paragraph (b) of 
this section. If prior to the award of that grant, ACF determines that 
the grantee has met one of the conditions under Sec.  1304.11 during 
the relevant time period described in paragraph (b) of this section, 
this determination will change and the grantee will receive notice 
under paragraph (c)(3)(i) of this section that it will be required to 
compete for funding for an additional five-year period.


Sec.  1304.16  Use of CLASS: Pre-K Instrument in the Designation 
Renewal System.

    Except when all children are served in a single classroom, ACF will 
conduct observations of multiple classes operated by the grantee based 
on a random sample of all classes and rate the conduct of the classes 
observed using the CLASS: Pre-K instrument. When the grantee serves 
children in its program in a single class, that class will be observed 
and rated using the CLASS: Pre-K instrument. The domain scores for that 
class will be the domain scores for the grantee for that observation. 
After the observations are completed, ACF will report to the grantee 
the scores of the classes observed during the CLASS: Pre-K observations 
in each of the domains covered by the CLASS: Pre-K instrument. ACF will 
average CLASS: Pre-K instrument scores in each domain for the classes 
operated by the agency that ACF observed to determine the agency's 
score in each domain.

Subpart C--Selection of Grantees through Competition


Sec.  1304.20  Selection among applicants.

    (a) In selecting an agency to be designated to provide Head Start, 
Early Head Start, Migrant and Seasonal Head Start or tribal Head Start 
or Early Head Start services, the responsible HHS official will 
consider the applicable criteria at section 641(d) of the Head Start 
Act and any other criteria outlined in the Funding Opportunity 
Announcement.
    (b) In competitions to replace or potentially replace a grantee the 
responsible HHS official will also consider the extent to which the 
applicant supports continuity for participating children, the community 
and the continued employment of effective, well qualified personnel.
    (c) In competitions to replace or potentially replace a current 
grantee, the responsible HHS official will give priority to applicants 
that have demonstrated capacity in providing effective, comprehensive, 
and well-coordinated early childhood education and development services 
and programs to children and their families.

Subpart D--Replacement of American Indian/Alaska Native Grantees


Sec.  1304.30  Procedure for identification of alternative agency.

    (a) An Indian tribe whose Head Start grant has been terminated, 
relinquished, designated for competition or which has been denied 
refunding as a Head Start agency, may identify an alternate agency and 
request the responsible HHS official to designate such agency as an 
alternative agency to provide Head Start services to the tribe if:
    (1) The tribe was the only agency that was receiving federal 
financial assistance to provide Head Start services to members of the 
tribe; and,
    (2) The tribe would be otherwise precluded from providing such 
services to its members because of the termination or denial of 
refunding.
    (b)(1) The responsible HHS official, when notifying a tribal 
grantee of the intent to terminate financial assistance or deny its 
application for refunding, or its designation for competition must 
notify the grantee that it may identify an agency and request that the 
agency serve as the alternative agency in the event that the grant is 
terminated or refunding denied, or the grant is not renewed without 
competition.
    (2) The tribe must identify the alternate agency to the responsible 
HHS official in writing.
    (3) The responsible HHS official will notify the tribe, in writing, 
whether the alternative agency proposed by the tribe is found to be 
eligible for Head Start funding and capable of operating a Head Start 
program. If the alternative agency identified by the tribe is not an 
eligible agency capable of operating a Head Start program, the tribe 
will have 15 days from the date of the sending of the notification to 
that effect from the responsible HHS official to identify another 
agency and request that the agency be designated. The responsible HHS 
official will notify the tribe in writing whether the second proposed 
alternate agency is found to be an eligible agency capable of operating 
the Head Start program.
    (4) If the tribe does not identify an eligible, suitable 
alternative agency, a grantee will be designated under this part.
    (c) If the tribe appeals a termination of financial assistance or a 
denial of refunding, it will, consistent with the terms of part 1303 of 
this chapter, continue to be funded pending resolution of the appeal. 
However, the responsible HHS official and the grantee will proceed with 
the steps outlined in this subpart during the appeal process.
    (d) If the tribe does not identify an agency and request that the 
agency be appointed as the alternative agency, the responsible HHS 
official will seek a permanent replacement grantee under this subpart.


Sec.  1304.31  Requirements of alternative agency.

    The agency identified by the Indian tribe must establish that it 
meets all requirements established by the Head Start Act and these 
requirements for designation as a Head Start grantee and that it is 
capable of conducting a Head Start program. The responsible HHS 
official, in deciding whether to designate the proposed agency, will 
analyze the capacity and experience of the agency according to the 
criteria found in section 641(d) of the Head Start Act and Sec.  
1304.20.


Sec.  1304.32  Alternative agency--prohibition.

    (a) No agency will be designated as the alternative agency pursuant 
to this subpart if the agency includes an employee who:
    (1) Served on the administrative or program staff of the Indian 
tribal grantee described under 646(e)(1)(A) of the Act, and
    (2) Was responsible for a deficiency that:
    (i) Relates to the performance standards or financial management 
standards described in section 641A(a)(1) of the Act; and
    (ii) Was the basis for the termination of assistance under 
646(e)(1)(A) of the

[[Page 35561]]

Act or denial of refunding described in Sec.  1304.4.
    (b) The responsible HHS official shall determine whether an 
employee was responsible for a deficiency within the meaning and 
context of this section.

Subpart E--Head Start Fellows Program


Sec.  1304.40  In general.

    As provided in section 648A(d) of the Act, the Head Start Fellows 
Program is designed to enhance the ability of Head Start Fellows to 
make significant contributions to Head Start and to other child 
development and family services programs.


Sec.  1304.41  Fellows Program.

    (a) Selection. An applicant must be working on the date of 
application in a local Head Start program or otherwise working in the 
field of child development and family services. The qualifications of 
the applicants for Head Start Fellowship positions will be 
competitively reviewed.
    (b) Placement. Head Start Fellows may be placed in the Head Start 
national and regional offices; local Head Start agencies and programs; 
institutions of higher education; public or private entities and 
organizations concerned with services to children and families; and 
other appropriate settings.
    (c) Restrictions. A Head Start Fellow who is not an employee of a 
local Head Start agency or program may only be placed in the national 
or regional offices within the Department of Health and Human Services 
that administer Head Start or local Head Start agencies. Head Start 
Fellows shall not be placed in any agency whose primary purpose, or one 
of whose major purposes is to influence Federal, State or local 
legislation.
    (d) Duration. Head Start Fellowships will be for terms of one year, 
and may be renewed for a term of one additional year.
    (e) Status. For the purposes of compensation for injuries under 
chapter 81 of title 5, United States Code, Head Start Fellows shall be 
considered to be employees, or otherwise in the service or employment, 
of the Federal Government. Head Start Fellows assigned to the national 
or regional offices within the Department of Health and Human Services 
shall be considered employees in the Executive Branch of the Federal 
Government for the purposes of chapter 11 of title 18, United States 
Code, and for the purposes of any administrative standards of conduct 
applicable to the employees of the agency to which they are assigned.

PART 1305--DEFINITIONS

Sec.
1305.1 Cross references to definitions.
1305.2 Definitions.

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


1305.1  Cross references to definitions.

    For the purposes of this subchapter, the following definitions 
apply:
    (a) The following terms are defined in the same manner as presented 
in the Head Start Act, 42 U.S.C. 9801: child with a disability, 
deficiency, delegate agency, Indian tribe, and state.
    (b) The following terms are defined in the same manner as presented 
in the Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.) Individualized Education Program, and Individualized Family 
Service Plan.


1305.2  Definitions.

    For the purposes of this subchapter, the following definitions 
apply:
    Accepted means a child or pregnant woman has met the eligibility 
criteria and has completed the enrollment process.
    ACF means the Administration for Children and Families in the 
Department of Health and Human Services.
    Act means the Head Start Act, 42 U.S.C. 9831, et seq.
    Agency means the body that receives the Head Start grant.
    Aggregate child-level assessment data means the data collected by 
an agency on the status and progress of the children it serves that 
have been combined to provide summary information about groups of 
children enrolled in specific classrooms, centers, home-based or other 
options, groups or settings, or other groups of children such as dual 
language learners, or to provide summary information by specific 
domains of development.
    Allowable alternate vehicle means a vehicle designed for carrying 
eleven or more people, including the driver, that meets all the Federal 
Motor Vehicle Safety Standards applicable to school buses, except 49 
CFR 571.108 and 571.131.
    Budget period means the interval of time, into which a multi-year 
period of assistance (project period) is divided for budgetary and 
funding purposes.
    Child-level assessment data means the data collected by an agency 
on an individual child from one or more valid and reliable assessments 
of a child's status and progress, including but not limited to direct 
assessment, structured observations, checklists, staff or parent report 
measures, and portfolio records or work samples.
    Child records means records that are:
    (1) Directly related to the child;
    (2) Maintained by the program, or by a party acting for the 
program; and
    (3) Includes information recorded in any way, including, but not 
limited to, print (including handwriting) or electronic or digital 
means, including computer media, video or audio tape, film, microfilm, 
and microfiche.
    Child restraint system means any device designed to restrain, seat, 
or position children that meets the current requirements of Federal 
Motor Vehicle Safety Standard No. 213, Child Restraint Systems, 49 CFR 
571.213, for children in the weight category established under the 
regulation, or any device designed to restrain, seat, or position 
children, other than a Type I seat belt as defined at 49 CFR 571.209, 
for children not in the weight category currently established by 49 CFR 
571.213.
    Commercial Driver's License (CDL) means a license issued by a State 
or other jurisdiction, in accordance with the standards contained in 49 
CFR part 383, to an individual which authorizes the individual to 
operate a class of commercial motor vehicles.
    Construction means new buildings, and excludes renovations, 
alterations, additions, or work of any kind to existing buildings.
    Continuity of care means Head Start or Early Head Start services 
provided to children in a manner that promotes primary caregiving and 
minimizes the number of transitions in teachers and teacher assistants 
that children experience over the course of the day, week, program 
year, and to the extent possible, during the course of their 
participation from birth to age three in Early Head Start and in Head 
Start.
    Days of operation means the planned days during which children will 
be receiving early learning and development and comprehensive services 
with Head Start or Early Head Start teachers, assistant teachers, or 
staff.
    Development and administrative costs mean costs incurred in 
accordance with an approved Head Start budget which do not directly 
relate to the provision of program component services, including 
services to children with disabilities, as set forth and described in 
the Head Start program performance standards (45 CFR part 1304).
    Disclosure means to permit access to or the release, transfer, or 
other communication of personally identifiable information contained in 
child records by any means, including oral, written, or electronic 
means, to any party except the party identified as the

[[Page 35562]]

party that provided or created the record.
    Dual benefit costs mean costs incurred in accordance with an 
approved Head Start budget which directly relate to both development 
and administrative functions and to the program component services, 
including services to children with disabilities, as set forth and 
described in the Head Start program performance standards (45 CFR part 
1304).
    Early Head Start agency means a public or private non-profit or 
for-profit entity designated by ACF to operate an Early Head Start 
program to serve pregnant women and children from birth to age three, 
pursuant to section 645A(e) of the Head Start Act.
    Enrolled means a child has been accepted and attended at least one 
class, has received at least one home visit, or has received at least 
one direct service while pending completion of necessary documentation 
for attendance in a center, based on state and local licensing 
requirements.
    Enrollment year means the period of time, not to exceed twelve 
months, during which a Head Start program provides center or home-based 
services to a group of children and their families.
    Facility means a structure, such as a building or modular unit, 
appropriate for use in carrying out a Head Start program and used 
primarily to provide Head Start services, including services to 
children and their families, or for administrative purposes or other 
activities necessary to carry out a Head Start program.
    Family means all persons living in the same household who are 
supported by the child's parent(s)' or guardian(s)' income; and are 
related to the child's parent(s) or guardian(s) by blood, marriage, or 
adoption; or are the child's authorized caregiver or legally 
responsible party.
    Federalinterest is a property right which secures the right of the 
federal awarding agency to recover the current fair market value of its 
percentage of participation in the cost of the facility in the event 
the facility is no longer used for Head Start purposes by the grantee 
or upon the disposition of the property. When a grantee uses Head Start 
funds to purchase, construct or renovate a facility, or make mortgage 
payments, it creates a federal interest. The federal interest includes 
any portion of the cost of purchase, construction, or renovation 
contributed by or for the entity, or a related donor organization, to 
satisfy a matching requirement.
    Federal Motor Vehicle Safety Standards (FMVSS) means the National 
Highway and Traffic Safety Administration's standards for motor 
vehicles and motor vehicle equipment (49 CFR part 571) established 
under section 30111 of Title 49, United States Code.
    Financial viability means that an organization is able to meet its 
financial obligations, balance funding and expenses and maintain 
sufficient funding to achieve organizational goals and objectives.
    Fixed route means the established routes to be traveled on a 
regular basis by vehicles that transport children to and from Head 
Start or Early Head Start program activities, and which include 
specifically designated stops where children board or exit the vehicle.
    Foster care means 24-hour substitute care for children placed away 
from their parents or guardians and for whom the State agency has 
placement and care responsibility. This includes, but is not limited 
to, placements in foster family homes, foster homes of relatives, group 
homes, emergency shelters, residential facilities, child-care 
institutions, and pre-adoptive homes. A child is in foster care in 
accordance with this definition regardless of whether the foster care 
facility is licensed and payments are made by the State or local agency 
for the care of the child, whether adoption subsidy payments are being 
made prior to the finalization of an adoption, or whether there is 
Federal matching of any payments that are made.
    Full-day means six or more hours of Head Start or Early Head Start 
services per day.
    Full-working-day means not less than 10 hours of Head Start or 
Early Head Start services per day.
    Funded enrollment means the number of participants which the Head 
Start grantee is to serve, as indicated on the grant award.
    Going concern means an organization that operates without the 
threat of liquidation for the foreseeable future, a period of at least 
12 months.
    Grantee means the local public or private non-profit agency or for-
profit agency which has been designated as a Head Start agency under 42 
U.S.C. 9836 and which has been granted financial assistance by the 
responsible HHS official to operate a Head Start program.
    Head Start agency means a local public or private non-profit or 
for-profit entity designated by ACF to operate a Head Start program to 
serve children age three to compulsory school age, pursuant to section 
641(b) and (d) of the Head Start Act.
    Homeless children means the same as homeless children and youths in 
section 725(2) of the McKinney-Vento Homeless Assistance Act at 42 
U.S.C. 11434a(2).
    Home visitor means the staff member in the home-based program 
option assigned to work with parents to provide comprehensive services 
to children and their families through home visits and group 
socialization activities.
    Hours of operation mean the planned hours per day during which 
children and families will be receiving Head Start or Early Head Start 
services in a classroom, on a field trip, while receiving medical or 
dental services, or during a home visit or group socialization 
activity. Hours of operation do not include travel time to and from the 
center at the beginning and end of a session.
    Income means gross cash income and includes earned income, military 
income (including pay and allowances), veteran's benefits, Social 
Security benefits, unemployment compensation, and public assistance 
benefits. Additional examples of gross cash income are listed in the 
definition of ``income'' which appears in U.S. Bureau of the Census, 
Current Population Reports, Series P-60-185.
    Indian Head Start agency means a program operated by an Indian 
tribe (as defined by the Act) or designated by an Indian tribe to 
operate on its behalf.
    Legal status means the existence of an applicant or grantee as a 
public agency or organization under the law of the State in which it is 
located, or existence as a private nonprofit or for-profit agency or 
organization as a legal entity recognized under the law of the State in 
which it is located. Existence as a private non-profit agency or 
organization may be established under applicable State or Federal law.
    Local agency responsible for implementing IDEA or local IDEA agency 
means the early intervention service provider under Part C of IDEA and 
the local educational agency under Part B of IDEA.
    Major renovation means any individual or collection renovation that 
has a cost equal to or exceeding $250,000. It excludes minor 
renovations and repairs except when they are included in a purchase 
application.
    Migrant family means, for purposes of Head Start eligibility, a 
family with children under the age of compulsory school attendance who 
changed their residence by moving from one geographic location to 
another, either intrastate or interstate, within the preceding two 
years for the purpose of engaging in agricultural work that involves 
the production and harvesting of tree and field crops and whose family

[[Page 35563]]

income comes primarily from this activity.
    Migrant or Seasonal Head Start Program means:
    (1) With respect to services for migrant farm workers, a Head Start 
program that serves families who are engaged in agricultural labor and 
who have changed their residence from one geographic location to 
another in the preceding 2-year period; and
    (B) With respect to services for seasonal farmworkers, a Head Start 
program that serves families who are engaged primarily in seasonal 
agricultural labor and who have not changed their residence to another 
geographic location in the preceding 2-year period.
    Minor renovation means improvements to facilities, which do not 
meet the definition of major renovation.
    Modular unit means a portable prefabricated structure made at 
another location and moved to a site for use by a Head Start grantee to 
carry out a Head Start program, regardless of the manner or extent to 
which the modular unit is attached to underlying real property.
    National Driver Register means the National Highway Traffic Safety 
Administration's automated system for assisting State driver license 
officials in obtaining information regarding the driving records of 
individuals who have been denied licenses for cause; had their licenses 
denied for cause, had their licenses canceled, revoked, or suspended 
for cause, or have been convicted of certain serious driving offenses.
    Parent means a Head Start child's mother or father, other family 
member who is a primary caregiver, foster parent or authorized 
caregiver, guardian or the person with whom the child has been placed 
for purposes of adoption pending a final adoption decree.
    Participant means a pregnant woman or child who is enrolled in and 
receives services from a Head Start, an Early Head Start, a Migrant or 
Seasonal Head Start, or an American Indian Alaska Native Head Start 
program.
    Personally identifiable information means personally identifiable 
information as defined in 34 CFR 99.3, as amended, except that the term 
``student'' in the definition of personally identifiable information in 
34 CFR 99.3 means ``child'' as used in this part and any reference to 
``school'' or ``educational agency'' or ``educational institution'' 
means ``program'' or ``Early Head Start program'' or ``Head Start 
program'' as used in this part.
    Policy group means the policy council, and as appropriate the 
policy committee at the delegate level.
    Program means a Head Start, Early Head Start, Migrant, Seasonal, or 
Tribal program, funded under the Act and carried out by an agency, or 
delegate agency, to provide ongoing comprehensive child development 
services.
    Program costs mean costs incurred in accordance with an approved 
Head Start budget which directly relate to the provision of program 
component services, including services to children with disabilities, 
as set forth and described in the Head Start Program Performance 
Standards (45 CFR part 1304).
    Purchase means to buy an existing facility, including outright 
purchase, down payment or through payments made in satisfaction of a 
mortgage or other loan agreement, whether principal, interest or an 
allocated portion principal and/or interest. The use of grant funds to 
make a payment under a capital lease agreement, as defined in the cost 
principles, is a purchase subject to these provisions. Purchase also 
refers to an approved use of Head Start funds to continue paying the 
cost of purchasing facilities or refinance an existing loan or mortgage 
beginning in 1987.
    Real property means land, including land improvements, buildings, 
structures and all appurtenances thereto, excluding movable machinery 
and equipment.
    Recruitment area means that geographic locality within which a Head 
Start program seeks to enroll Head Start children and families. The 
recruitment area can be the same as the service area or it can be a 
smaller area or areas within the service area.
    Relevant time period means:
    (1) The 12 months preceding the month in which the application is 
submitted; or
    (2) During the calendar year preceding the calendar year in which 
the application is submitted, whichever more accurately reflects the 
needs of the family at the time of application.
    Repair means maintenance that is necessary to keep a Head Start 
facility in working condition. Repairs do not add significant value to 
the property or extend its useful life.
    Responsible HHS official means the official of the Department of 
Health and Human Services who has authority to make grants under the 
Act.
    School bus means a motor vehicle designed for carrying 11 or more 
persons (including the driver) and which complies with the Federal 
Motor Vehicle Safety Standards applicable to school buses.
    School readiness goals mean the expectations of children's status 
and progress across domains of language and literacy development, 
cognition and general knowledge, approaches to learning, physical well-
being and motor development, and social and emotional development that 
will improve their readiness for kindergarten.
    Service area means the geographic area identified in an approved 
grant application within which a grantee may provide Head Start 
services.
    Staff means paid adults who have responsibilities related to 
children and their families who are enrolled in programs.
    Termination of a grant or delegate agency agreement means permanent 
withdrawal of the grantee's or delegate agency's authority to obligate 
previously awarded grant funds before that authority would otherwise 
expire. It also means the voluntary relinquishment of that authority by 
the grantee or delegate agency. Termination does not include:
    (1) Withdrawal of funds awarded on the basis of the grantee's or 
delegate agency's underestimate of the unobligated balance in a prior 
period;
    (2) Refusal by the funding agency to extend a grant or award 
additional funds (such as refusal to make a competing or noncompeting 
continuation renewal, extension or supplemental award);
    (3) Withdrawal of the unobligated balance as of the expiration of a 
grant;
    (4) Annulment, i.e., voiding of a grant upon determination that the 
award was obtained fraudulently or was otherwise illegal or invalid 
from its inception.
    Total approved costs mean the sum of all costs of the Head Start 
program approved for a given budget period by the Administration for 
Children and Families, as indicated on the Financial Assistance Award. 
Total approved costs consist of the federal share plus any approved 
non-federal share, including non-federal share above the statutory 
minimum.
    Transition period means the three-year time period after December 
9, 2011, on the Designation Renewal System during which ACF will 
convert all of the current continuous Head Start and Early Head Start 
grants into five-year grants after reviewing each grantee to determine 
if it meets any of the conditions under Sec.  1304.12 that require 
recompetition or if the grantee will receive its first five-year grant 
non-competitively.

[[Page 35564]]

    Transportation services means the planned transporting of children 
to and from sites where an agency provides services funded under the 
Head Start Act. Transportation services can involve the pick-up and 
discharge of children at regularly scheduled times and pre-arranged 
sites, including trips between children's homes and program settings. 
The term includes services provided directly by the Head Start and 
Early Head Start grantee or delegate agency and services which such 
agencies arrange to be provided by another organization or an 
individual. Incidental trips, such as transporting a sick child home 
before the end of the day, or such as might be required to transport 
small groups of children to and from necessary services, are not 
included under the term.
    Verify or any variance of the word means to check or determine the 
correctness or truth by investigation or by reference.

[FR Doc. 2015-14379 Filed 6-16-15; 11:15 am]
 BILLING CODE 4184-01-P