[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19317-19324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05573]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Request for Information: Office of Head Start Tribal Programs

AGENCY: Administration for Children and Families, U.S. Department of 
Health and Human Services.

ACTION: Request for public comment.

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SUMMARY: Prioritizing and directing resources to American Indian and 
Alaskan Native (AI/AN) programs to implement, expand, and/or enhance 
their Head Start services to tribal children and families is critical 
for meeting federal trust responsibility; preserving, and promoting 
Native language, culture, and traditions; and addressing the impact of 
historical trauma on Native Americans. As part of the Administration 
for Children and Families' (ACF) commitment to partnering with tribal 
nations to provide high-quality Head Start programming, in addition to 
regular tribal consultations, the Office of Head Start (OHS) invites 
public comment on the rules, regulations, and available training and 
technical assistance (TTA) supports impacting the AI/AN Head Start 
community. This Request for Information (RFI) seeks input on topics 
including eligibility; program options; quality environments; child 
health and safety; tribal language preservation, maintenance, 
revitalization, and restoration; family and community engagement; 
workforce; training and technical assistance; partnerships with state 
systems; facilities; fiscal operations; early childhood systems; and 
others, to improve the quality of Head Start services in areas of great 
need and affirm the federal government's commitment to protect Native 
communities.

DATES: To be considered, public comments must be received 
electronically no later than September 16, 2024.

ADDRESSES: Submit questions, comments, and supplementary documents to 
[email protected] with ``OHS Tribal RFI'' in the subject line. 
All submissions received must include the Federal Register document 
number, 2024-05573, for ``Request for Information: OHS Tribal 
Nations''. All comments received are a part of the public record and 
will be posted for public viewing on https://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.

SUPPLEMENTARY INFORMATION:

Background

    Head Start is a leader in high-quality early childhood education, 
supporting children from low-income families in reaching kindergarten 
healthy and ready to thrive in school and life. The program was founded 
on research showing that health and well-being are pre-requisites to 
maximum learning and improved short- and long-term outcomes.
    The Head Start program was most recently reauthorized in 2007 (Pub. 
L. 110-134 ``Improving Head Start for School Readiness Act of 2007,'' 
also known as, ``the Head Start Act''). The Head Start Program 
Performance Standards (HSPPS), the regulations governing Head Start 
programs, were originally published in 1975 and revised in 2016 to 
incorporate findings from scientific research and reflect best 
practices and lessons learned from program innovation. Most recently, 
OHS released a Notice of Proposed Rulemaking (NPRM) titled, Supporting 
the Head Start Workforce and Consistent Quality Programming, which 
proposes new requirements to the HSPPS to support and stabilize the 
Head Start workforce and enhances existing requirements for consistent 
quality of services across programs. Currently, a final rule on the 
NPRM is forthcoming. Please note, comments from tribal stakeholders 
previously received on the NPRM are distinct from those we are 
soliciting on this RFI.

[[Page 19318]]

Through this RFI, OHS is seeking comments that identify opportunities 
to improve quality and program operations as aligned with the Head 
Start Act.
    The Head Start program promotes school readiness by providing 
preschool and early education programs alongside comprehensive health, 
education, nutrition, socialization, and other developmental services 
for children from birth to age 5, pregnant women, and their families. 
Region XI programs are funded by OHS to federally recognized AI/AN 
tribes or consortia of tribes. In fiscal year 2022, a total of 154 AI/
AN grant recipients were funded by OHS. These AI/AN grant recipients 
were funded to serve 21,871 enrollees, of which 16,627 (76 percent) 
were preschool-age children (ages 3 to 5 years) served in Head Start 
programs and 5,244 (24 percent) were infants, toddlers, and pregnant 
women served in Early Head Start programs. AI/AN funded enrollment 
accounted for 2.6 percent of the total funded enrollment in Head Start 
and Early Head Start.
    AI/AN Head Start programs are unique because they help fulfill the 
federal government's trust and responsibility to protect the interests 
of tribal nations and communities. The Head Start Act preserves and 
reinforces the federal government's commitment to work with tribal 
nations on a government-to-government basis. Specifically, OHS convenes 
tribal consultation sessions as required by section 640(l)(4) of the 
Head Start Act and in conformity with the Department of Health and 
Human Services (HHS) Tribal Consultation Policy.
    With this RFI, OHS seeks public comment on whether existing OHS 
requirements, regulations, and TTA supports for AI/AN Head Start 
programs, (1) are appropriate for tribal nations to implement in a 
manner that best meets the needs of the children, families, and 
programs in their communities, and (2) properly recognize the 
principles of strong government-to-government relationships and tribal 
sovereignty. OHS seeks feedback on whether changes to procedures, 
processes, and TTA materials are needed to improve implementation of 
AI/AN Head Start programs.
    We recognize that any changes made to tribal regulations or other 
requirements must be made with input and consultation from tribal 
nations and organizations that receive OHS funding. This RFI is being 
issued with ACF's Principles for Working with Federally Recognized 
Tribes in mind, including the promotion and sustainability of strong 
government-to-government relationships, tribal sovereignty, and 
transparency in ACF's actions as public servants.
    Invitation to Comment: HHS invites comments regarding this notice. 
You do not need to address every question and should focus on those 
where you have relevant expertise or experience. In your response, 
please provide a brief description of yourself and your role or 
organization before addressing the questions. To ensure that your 
comments are clearly stated, please identify the questions you are 
responding to when submitting your response.

Collection of Information

    In accordance with the implementing regulations of the Paperwork 
Reduction Act of 1995 (PRA), specifically 5 CFR 1320.3(h)(4), this 
general solicitation is exempt from the PRA. Facts or opinions 
submitted in response to general solicitations of comments from the 
public, published in the Federal Register or other publications, 
regardless of the form or format thereof, provided that no person is 
required to supply specific information pertaining to the commenter, 
other than that necessary for self-identification, as a condition of 
the agency's full consideration, are not generally considered 
information collections and therefore not subject to the PRA.
    Respondents are encouraged to provide complete but concise 
responses. This RFI is issued solely for information and planning 
purposes; it does not constitute a Request for Proposal (RFP), 
applications, proposal abstracts, or quotations. This RFI does not 
commit the U.S. Government to contract for any supplies or services or 
make a grant award. Further, ACF is not seeking proposals through this 
RFI and will not accept unsolicited proposals. Responders are advised 
that the U.S. Government will not pay for any information or 
administrative costs incurred in response to this RFI; all costs 
associated with responding to this RFI will be solely at the interested 
party's expense. Not responding to this RFI does not preclude 
participation in any future procurement, if conducted. It is the 
responsibility of the potential responders to monitor this RFI 
announcement for additional information pertaining to this request. 
Please note that ACF will not respond to questions about the policy 
issues raised in this RFI. ACF may or may not choose to contact 
individual responders. Such communications would only serve to further 
clarify written responses. Contractor support personnel may be used to 
review RFI responses. Responses to this notice are not offers and 
cannot be accepted by the U.S. Government to form a binding contract or 
issue a grant. Information obtained as a result of this RFI may be used 
by the U.S. Government for program planning on a non-attribution basis. 
Respondents should not include any information that might be considered 
proprietary or confidential. This RFI should not be construed as a 
commitment or authorization to incur cost for which reimbursement would 
be required or sought. All submissions become U.S. Government property 
and will not be returned. ACF may publicly post the comments received, 
or a summary thereof.

What We Are Looking for in Public Comments

    Through this RFI, OHS is particularly seeking input that provides 
specific changes to the AI/AN Head Start programs that improve program 
quality and program operations for tribal nations.
    This RFI seeks to solicit suggestions and feedback from those 
directly impacted by the Head Start program requirements, including but 
not limited to, tribal leaders and elders, AI/AN Head Start service 
providers and staff, current federal and non-federal TTA providers, 
national organizations, researchers, philanthropy, families, and 
community members. This RFI is a federal record of comments provided by 
tribal communities and can be used in the future to inform changes in 
regulation, policy guidance, or delivery of TTA materials.
    We ask respondents to address the questions listed below. You do 
not need to address every question and should focus on those where you 
have relevant expertise or experience. Commenters should identify the 
question to which they are responding by indicating the corresponding 
letter and/or number(s). We request commenters who identify barriers or 
policies to indicate the barrier or policy with as much detail as 
possible, as well as the types of program options (e.g., center-based, 
family child care, home-based) that are impacted.

A. Eligibility

    ACF understands and appreciates the unique challenges that tribal 
programs face when determining eligibility for families who are 
interested in the program. The current HSPPS (Section 1302.12) and the 
Head Start Act (Sec. 645. [42 U.S.C. 9840]) describe eligibility 
determination rules with specific flexibility given to Indian tribes. 
Programs can use a family's income (and the federal poverty 
guidelines), homeless or foster care status, or receipt

[[Page 19319]]

of certain public assistance (defined as Temporary Assistance for Needy 
Families (TANF), Supplemental Nutrition Assistance Program, or 
Supplemental Security Income) as indicators of eligibility.
    In May 2023, OHS issued the Information Memorandum (IM), American 
Indian and Alaskan Native (AI/AN) Head Start Eligibility Through Tribal 
TANF, to support tribal sovereignty and expand public assistance 
eligibility to tribal families. Specifically, the IM clarifies to AI/AN 
Head Start programs that if families are eligible for benefits and 
services funded by tribal TANF, then they also meet categorical 
eligibility requirements for Head Start. While the guidance in this IM 
does not create new policy, OHS believes prior guidance issued on TANF 
eligibility has not explicitly addressed tribal TANF benefits and 
services in addition to cash assistance as a means for Head Start 
eligibility. The IM also explains that tribal governments have 
flexibility in establishing tribal TANF eligibility and because they 
administer AI/AN Head Start programs, they are uniquely positioned to 
leverage TANF as a means for categorical eligibility under public 
assistance.
    One specific priority of OHS is to reduce barriers to enrollment of 
children and families who are experiencing homelessness, as defined by 
the McKinney-Vento Act. This is also prioritized in the Head Start Act 
(Sec. 640. [42 U.S.C. 9835]). Homelessness is defined by the McKinney-
Vento Act as: individuals who lack a fixed, regular, and adequate 
nighttime residence; and includes:--
    i. children and youths who are sharing the housing of other persons 
due to loss of housing, economic hardship, or a similar reason; are 
living in motels, hotels, trailer parks, or camping grounds due to the 
lack of alternative adequate accommodations; are living in emergency or 
transitional shelters; or are abandoned in hospitals;
    ii. children and youths who have a primary nighttime residence that 
is a public or private place not designed for or ordinarily used as a 
regular sleeping accommodation for human beings (within the meaning of 
section 1103(a)(2)(C) of the McKinney-Vento Act);
    iii. children and youths who are living in cars, parks, public 
spaces, abandoned buildings, substandard housing, bus or train 
stations, or similar settings; and
    iv. migratory children (as such term is defined in section 1309 of 
the Elementary and Secondary Education Act of 1965) who qualify as 
homeless for the purposes of this subtitle because the children are 
living in circumstances described in clauses (i) through (iii).\1\
    ACF understands that the term ``homeless'' can be challenging for 
many AI/AN Head Start programs to implement. Several programs have 
adopted alternative nomenclature to adapt to their cultural norms 
(e.g., kinship care, Indigenous mobility), and ACF welcomes these 
efforts.
    Tribal programs have additional flexibilities to fill more than 10 
percent of their enrollment with participants who do not meet the 
eligibility criteria in Section 1302.12(c) of the HSPPS, provided that 
the program can demonstrate it has served all eligible individuals in 
the service area, serves at least 51 percent under one of the 
eligibility criteria, and that the program has the capacity to serve 
additional individuals. ACF has heard consistently from tribal leaders 
and program administrators that the current eligibility requirements in 
statute and regulation do not provide sufficient flexibility to tribes 
to determine who may receive Head Start services and that this lack of 
flexibility is counter to tribal sovereignty and cultural values.
Request for Information
    What are your thoughts on eligibility requirements, regulations, 
and TTA supports for AI/AN Head Start programs as outlined above? See 
below for more specific prompts to target feedback on eligibility 
processes, public assistance, and enrolling children and families 
experiencing homelessness.
A.1 Eligibility Processes
    OHS seeks input on how the eligibility requirements and processes 
work for tribal programs, and if there are any changes that could be 
made to better support the implementation of these regulations, 
acknowledging that most eligibility criteria are defined in statute. 
Specifically, OHS would like to understand how tribes verify 
eligibility and what culturally appropriate practices programs use to 
determine eligibility and if any improvements could be made to TTA 
around defining and verifying eligibility. Additionally, should there 
be a change in statute, OHS solicits suggestions and recommendations 
about how OHS can support implementation.
A.2 Public Assistance
    We request input on the implementation of public assistance as a 
means for eligibility and if any additional changes would enable a more 
fair and equitable process for all tribal programs. Specifically, we 
request input on the guidance issued in the tribal TANF IM to 
understand if it has provided utility in addressing some of the 
challenges associated with eligibility limitations. Additionally, we 
request information on any other resources or information that would be 
helpful to ensure that AI/AN recipients can utilize this pathway to 
eligibility.
A.3 Enrolling Children and Families Experiencing Homelessness
    OHS would like tribal Head Start programs to comment on how they 
are implementing and prioritizing enrollment of children and families 
who are experiencing homelessness, kinship care, or Indigenous 
mobility. OHS seeks insights into the challenges and barriers to 
enrolling children who are experiencing homelessness.

B. Program Options

    Current OHS regulations provide flexibility to programs to design a 
program structure that works for the community they are serving whether 
that is through center-based, home-based, family child care, or an 
approved locally designed option (LDO). OHS is aware that unique 
cultural practices are often imbedded into AI/AN Head Start program 
design, making LDOs particularly useful for some tribal communities. 
Regardless of the program option, programs must deliver a range of 
comprehensive services and design a program calendar that aligns with 
community needs. Programs may convert slots from Head Start to Early 
Head Start through re-funding applications and change in scope 
applications, and AI/AN programs that operate both Head Start and Early 
Head Start may reallocate funding between the programs at their 
discretion and at any time during the grant period in order to address 
fluctuations in client populations. Programs that use this discretion 
must notify the regional office.
Request for Information
    What are your thoughts on the program option requirements, 
regulations, and TTA supports for AI/AN Head Start programs as outlined 
above? See below for more specific prompts to target feedback on 
program options and waivers.
B.1 Program Options
    OHS seeks input on how these program options are working in tribal 
communities. As such, OHS specifically requests comment on successful 
LDOs or program design choices that are being utilized to meet the 
needs of tribal children, families, and staff. OHS seeks

[[Page 19320]]

comment on how technical assistance around program design can be 
improved for tribal programs and opportunities to improve the process 
for approval of LDOs and change in scope applications.
B.2 Waivers
    All Head Start programs are eligible to request certain waivers 
related to group size, ratios, and service duration. OHS would like 
input on the value of the currently available waivers as well as input 
on any other culturally inclusive practices related to program design 
that would help to meet tribal needs. OHS seeks comment on how the 
waiver submission and approval process can be improved for tribal 
programs.

C. Quality Environments

    Section 1302.31 of the HSPPS discusses the teaching and learning 
environment. This section of the standards includes requirements for 
educators to implement well-organized learning environments that 
include indoor and outdoor experiences. While the regulations do not 
require a particular curriculum, Section 1302.32 of the HSPPS does 
require programs to implement developmentally appropriate, research-
based early childhood curricula that are based on scientifically valid 
research and aligned with the Head Start Early Learning Outcomes 
Framework (ELOF). The ELOF is designed to allow early childhood 
programs to connect their community's traditional cultural skills, 
values, beliefs, language, and lifeways with the ELOF domains or state 
and tribal early learning guidelines. The HSPPS require that curricula 
have an organized developmental scope and sequence that include plans 
and materials for developmentally appropriate learning experiences. A 
program may choose to make significant adaptations to a curriculum to 
better meet the needs of a specific population, however the program 
must assess whether the adaptation adequately facilitates progress 
toward meeting school readiness goals. These specifications are also 
reflected in the Head Start Act, Sec. 642 [42 U.S.C. 9837]. OHS has 
heard from tribal leaders and program administrators that the 
requirements for a research-based curriculum inhibit them from 
implementing truly culturally grounded curricula, even with the 
allowances for significant adaptation.
    Section 1302.21 of the HSPPS also specifies square footage 
requirements for center-based programs. Specifically, Section 
1302.21(d)(2) requires that center-based programs 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.''
Request for Information
    What are your thoughts on the quality environment requirements, 
regulations, and TTA supports for AI/AN Head Start programs as outlined 
above? See below for more specific prompts to target feedback on the 
ELOF, curriculum, and indoor and outdoor spaces.
C.1 ELOF
    OHS recognizes that integrating traditional tribal teachings and 
culture are critically important for tribal language maintenance, 
revitalization, and restoration, as well as for the impact they can 
have on healing generational trauma. OHS seeks input on whether the 
current ELOF is appropriate for AI/AN grant recipients and specific 
elements that are missing or not appropriate for tribes. OHS seeks 
input on how AI/AN Head Start programs implement the ELOF and how it 
fits, or does not fit, cultural practices and lifeways of tribal 
communities.
C.2 Curriculum
    OHS seeks input on how the requirements around curricula adequately 
reflect Indigenous culture and language. While the HSPPS allow for some 
flexibility in designing a curriculum that is aligned with the ELOF, 
OHS seeks comment on any additional improvements that could be made and 
how our training materials can better support tribes to implement the 
flexibilities that exist and the options that programs have.
C.3 Indoor and Outdoor Space
    OHS seeks input on the current regulations around indoor and 
outdoor space, square footage requirements, and whether these 
requirements have created cultural barriers or challenges for tribal 
communities and AI/AN programs. We are interested to know if there are 
ways that OHS can improve or enhance this standard and any policy 
guidance or technical assistance that would be beneficial for programs 
when designing their programs' spaces.

D. Child Health and Safety

    As part of Head Start's comprehensive services, every Head Start 
and Early Head Start program provides services to promote health, 
behavioral health, and safety for children and families. To support 
healthy environments, section 1302.40(b)of the HSPPS requires each 
program to establish and maintain a Health Services Advisory Committee 
(HSAC), an advisory group usually composed of local health 
professionals who represent a wide variety of local health and social 
services agencies to support children's healthy development. The HSAC 
may include pediatricians, nurses, nurse practitioners, dentists, 
dental hygienist, nutritionists, and mental health professionals, and 
often includes Head Start parents and staff. OHS understands that 
tribal programs have challenges creating these HSACs as most of our 
tribal programs are in rural and remote areas and those local health 
providers who should represent a wide variety of local social services 
agencies are not available or easily accessible in their communities.
Request for Information
    What are your thoughts on the child health and safety requirements, 
regulations, and TTA supports for AI/AN Head Start programs as outlined 
above? See below for more specific prompts to target feedback on child 
health and safety.

D. Child Health and Safety

    OHS seeks input on barriers to developing and maintaining HSACs, if 
any, within AI/AN Head Start programs. In addition, we seek input on 
whether OHS coordinating with Indian Health Service (IHS) would be a 
helpful way to address some of the challenges with developing and 
maintaining HSACs. Lastly, OHS welcomes any additional feedback on how 
our training materials can better support tribes to maintain healthy 
and safe AI/AN Head Start programs.

E. Tribal Language Preservation, Maintenance, Revitalization, and 
Restoration

    OHS values and respects Native language preservation, maintenance, 
revitalization, and restoration, and recognizes the impact of 
historical trauma and other community traumas, such as exposure to 
violence, grief, and loss. Traumatic events, such as forced relocation, 
genocide, and the abduction of youth to more than 350 government-funded 
boarding schools have caused lasting impacts on Native American 
communities.
    OHS understands that tribal teaching methods for non-written 
language are different from written language and can be especially 
beneficial for young children who are not yet writing. As such, the 
role of elders in AI/AN programs is particularly important for tribal 
culture and language preservation and revitalization. Tribal early

[[Page 19321]]

childhood needs have only been exacerbated as Native communities have 
been particularly hit hard by the COVID-19 pandemic, causing a 
significant loss of elders that is profoundly painful given their 
wisdom and status as cultural knowledge and language keepers.
    In Section 1302.31 of the HSPPS, programs are required to recognize 
bilingualism and biliteracy as strengths and implement research-based 
teaching practices that support dual language learners' development. 
For dual language learners, regulations require that programs must 
support the language spoken at home and English language acquisition 
for infants, toddlers, and preschoolers. Regulations also require 
programs to support children's native language even when staff do not 
speak the home language of all children.
    Section 1302.36 of the HSPPS outlines the tribal language 
preservation and revitalization section. This section allows programs 
that serve AI/AN children to integrate efforts to preserve, revitalize, 
restore, or maintain the tribal language for those children. Such 
language preservation efforts may include full immersion in the tribal 
language for the majority of hours in the classroom. Per this section, 
exposure to English in the Head Start program is not required if the 
child's home language is English and if the program wishes to fully 
utilize the Native language in the program.
Request for Information
    What are your thoughts on tribal language preservation, 
maintenance, revitalization, and restoration requirements, regulations, 
and TTA supports for AI/AN Head Start programs as outlined above? See 
below for more specific prompts to target feedback on language 
preservation, maintenance, revitalization, and restoration.

E. Language Preservation, Maintenance, Revitalization, and Restoration

    OHS seeks input on how HSPSS can best support tribes in integrating 
cultural and native languages, as well as any standards that are 
impediments to integrating Native culture and language. OHS is 
specifically interested in how the office can better support programs 
implementing language preservation and revitalization practices, and 
whether this section of the HSPPS should be updated or amended. OHS 
seeks input on how program regulations and policies can improve how 
tribal elders and other community members participate in and contribute 
to language preservation efforts and how this information could be used 
to inform policy guidance, technical assistance, and training 
materials. OHS also understands that some programs have been 
particularly creative with utilizing existing flexibilities to improve 
tribal language and culture preservation efforts, integrating 
traditional ways in the classroom such as harvesting, carving, fishing, 
dancing, singing, and drumming. OHS requests comments on best practices 
or supports needed for programs that are looking to increase language 
and cultural integration into programming.

F. Family and Community Engagement

    OHS recognizes the historical trauma that tribes have faced, and 
the recent disproportional trauma experienced by tribes from the COVID-
19 pandemic, which has resulted in tremendous losses. Because of this, 
family engagement is more important now than ever before. Family 
engagement and involvement is the cornerstone of the Head Start model, 
as demonstrated in several sections of the Head Start Act and the 
HSPPS. Section 1302 Subpart E of the HSPPS outlines requirements for 
Family and Community Engagement Program Services that programs must 
follow. In Section 1302.50, programs are required to integrate parent 
and family engagement strategies into all systems and program services 
to support family well-being and promote children's learning and 
development. Programs are encouraged to develop multi-generational 
approaches that address prevalent needs of families. Family engagement 
may look different in tribal communities than other communities, given 
the prevalence of multi-generational families and a more communal 
approach to raising and caring for children. AI/AN programs may be 
utilizing tailored family engagement approaches to effectively engage 
extended family and community members in addition to parents.
    Many AI/AN programs are working hard to integrate families into 
their programs. For example, some AI/AN programs incorporate families 
into their classrooms as part of summer programming or cultural camp 
experiences. In fact, the most recent 2022 Program Information Report 
data show that 45 percent of staff in AI/AN programs are current or 
former parents. This shows that AI/AN programs are incorporating 
families into their programming and cultivating strong partnerships 
that lead to parental employment.

Request for Information

    What are your thoughts on the family and community engagement 
requirements, regulations, and TTA supports for AI/AN Head Start 
programs as outlined above? See below for more specific prompts to 
target feedback on family and community engagement.

F. Family and Community Engagement

    There are many ways that programs can choose to integrate families 
and communities into their programming. OHS would like to understand 
the barriers that programs face when engaging with parents and 
families, and whether the HSPPS are clear and culturally appropriate 
when explaining the expectations with respect to family engagement. 
Additionally, OHS would like to understand how TTA can be improved in 
this area. OHS seeks comment on any improvements that could be made in 
the training materials and resources that are provided to tribal 
programs.

G. Investing in the Workforce

Retention, Recruitment, Compensation, and Benefits
    Like many early childhood programs, Head Start--including AI/AN 
Head Start programs--report difficulty recruiting and retaining staff. 
Last year, OHS issued guidance encouraging grant recipients to 
sustainably increase wages and benefits, and invited grant recipients 
to restructure their budget to accommodate such increases that 
sometimes includes a change in scope proposal to reduce the number of 
slots available. Most recently, OHS has released an NPRM with new 
proposed requirements to support and stabilize the Head Start workforce 
including proposed requirements for wages and benefits, and enhanced 
supports for staff health and wellness. Many programs are taking bold 
steps to address this workforce crisis. From providing financial 
incentives to offering additional supports to staff, some programs have 
found creative ways to maintain, foster, and grow their own workforce 
to support their programs.
Teacher Qualifications
    Teacher qualifications in Head Start are set in the Head Start Act 
and then reflected through regulation in the HSPPS. Broadly, current 
teacher qualifications outline different requirements for lead 
teachers, assistant teachers, family child care providers, and Early 
Head Start teachers (Section 1302.91 of the HSPPS). For example, lead 
teachers in a Head Start center-based program must have at least an

[[Page 19322]]

associate or bachelor's degree in child development or early childhood 
education, equivalent coursework or otherwise meet the alternative 
credentialing requirements in section 648A(a)(3)(B) of the Act (and see 
45 CFR 1302.91(e)(2)(ii)). Assistant teachers in Head Start must have, 
at a minimum, a Child Development Associate (CDA) credential or a 
state-awarded certificate that meets or exceeds the requirement for a 
CDA credential, or 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 2 years of the time of hire (45 CFR 
1302.91(3)).
    OHS provides technical assistance to programs to support their 
workforce and teacher education, and provides resources for programs to 
use to determine state equivalency. However, OHS understands these 
standards can be difficult to meet, especially when considering the 
importance of tribal elders and Native language speakers and how these 
individuals may not meet teacher qualifications. OHS has heard 
consistently from tribal leaders and program administrators that the 
current education requirements prevent them from hiring staff, 
including elders, who they feel are best suited to pass on their 
cultures and languages and prepare their children to be thriving 
members of their tribes.
    The Tribal Colleges and Universities (TCU) Head Start Partnership 
Program was developed to increase the number of qualified education 
staff working in AI/AN Head Start programs. Through this unique and 
successful partnership, TCUs achieve this goal by (1) building early 
childhood education career pathways in AI/AN communities, (2) 
addressing the employment needs of AI/AN tribes through a ``Growing Our 
Own'' Approach, and (3) meeting the unique needs of individual Native 
communities and supporting staff in AI/AN programs to acquire the 
competencies that ensure children's academic development while also 
supporting cultural identity. By 2028, there will be over 700 tribal 
education staff graduating with a certification and/or degree in early 
education including CDA, bachelor's degree, and master's degree 
programs offered by the TCUs leading institutions.
Request for Information
    What are your thoughts on the workforce requirements, regulations, 
and TTA supports for AI/AN Head Start programs as outlined above? See 
below for more specific prompts to target feedback on retention, 
recruitment, compensation and benefits, teacher qualifications, and 
training and technical assistance.
G.1. Retention, Recruitment, Compensation, and Benefits
    OHS seeks input on how programs have addressed the workforce 
shortage, including efforts to increase compensation and benefits, and 
what additional flexibilities AI/AN programs would like to see in order 
to make additional progress in this area. For example, OHS is 
requesting comment on the strategies, funding mechanisms, and 
approaches that programs take to recruiting and retaining teaching 
staff. Additionally, OHS is requesting comment on compensation and 
benefits packages that are being or could be implemented to improve 
recruitment and retention.
G.2. Teacher Qualifications
    Current regulations and statute are specific about the types of 
education that qualify for teachers, assistant teachers, and family 
child care providers in Head Start and Early Head Start. Nonetheless, 
OHS seeks input on how this regulation could be improved to account for 
tribal variations in degree availability.

H. Training and Technical Assistance (TTA) for AIAN Programs

    OHS-funded TTA is delivered primarily through four national TTA 
centers, each with their own specialty areas: (1) Early Childhood 
Development, Teaching, and Learning; (2) Health Behavioral Health and 
Safety; (3) Parent, Family, and Community Engagement; and (4) Program 
Management and Fiscal Operations. In addition, each Head Start region 
has regionally-based TTA providers that provide support to all programs 
in the region free of charge. Region XI, the region for all AI/AN Head 
Start programs, works collaboratively with their TTA providers to 
assist programs based on specific priority areas that are co-developed 
with AI/AN directors. TTA providers come on-site to programs to provide 
group training and technical assistance opportunities. This 
collaboration helps shape the direction of TTA that is provided in any 
given year. Additionally, each Head Start program has access to funding 
to use on their own TTA efforts. Programs can use these funds to 
support their own needs that align with their priorities outlined in 
their grant application.
Request for Information
    What are your thoughts on TTA supports for AI/AN Head Start 
programs as outlined above? See below for more specific prompts to 
target feedback on TTA materials and resources and TTA funding for 
programs.
H.1. TTA Materials and Resources
    OHS seeks feedback on whether the TTA that is designed for AI/AN 
programs is helpful for making programmatic decisions and crafting 
program policies that improve the quality of the programs. OHS would 
like input on the network of TTA resources, training, and materials. 
OHS seeks feedback on whether existing TTA is effective in elevating 
the voices of tribal members and their lived experiences in the OHS TTA 
network structure. OHS would like to understand if there are any areas 
where we can improve and be more culturally responsive and appropriate.
H.2. TTA Funding for Programs
    OHS is requesting input on the structure and usage of individual 
TTA dollars that programs can use for their own targeted TTA. OHS would 
like to understand if more guidance or support on how best to use these 
targeted TTA funds is needed for tribal programs.

I. Supporting Partnerships With State Systems

    AI/AN programs operate in 26 states that each have their own 
policies and relationships with tribal communities. As the needs of 
children and families are becoming more complex, OHS is prioritizing 
the coordination of Head Start services with state systems and national 
programs to strengthen outcomes for children prenatal to age 5 and 
their families. OHS utilizes Head Start collaboration offices (HSCO) 
across the country to strengthen partnerships with school systems that 
lead to the developmentally appropriate alignment of curricula, 
assessment, and instruction through Early Head Start and Head Start and 
across the early grades of the schools where Head Start children will 
enter. Region XI has its own HSCO, the National AI/AN Head Start 
Collaboration Office (NAIANHSCO), that works to identify potential 
partners for collaboration and communicates the needs of Head Start 
children and families. The NAIANHSCO forms alliances to provide 
appropriate support to Head Start and Early Head Start programs.
Request for Information
    What are your thoughts on supporting partnerships with state 
systems through requirements, regulations, and TTA supports for AI/AN 
Head Start programs as outlined above? See below for more specific 
prompts to target feedback on supporting state systems.

[[Page 19323]]

I. Supporting State Systems

    OHS would like input on how AI/AN programs are interfacing with 
state systems and national programs and if there is additional support 
that OHS can provide. Specifically, OHS requests information on 
additional supports OHS can provide at the federal level to support 
collaboration between tribes and states, such as tribal collaboration 
with Local Education Agencies to provide services for with children 
with disabilities. Additionally, OHS requests information on 
suggestions to improve information sharing across HSCOs, systems 
specialists on the TTA contract, and the regional office.

J. Facilities

    AI/AN Head Start grant recipients have reported the need for 
facility improvements that include both major and minor renovations as 
well as the need for new construction. In 2020, OHS issued a report, 
Report to Congress on AIAN Head Start Facilities, which details the 
condition of the 155 AI/AN Head Start recipients who provide Head Start 
services across 26 states. A web survey was completed for 295 (56 
percent) of the 530 AI/AN Head Start facilities in use at the time and 
found: 9 percent of facilities were `poor', in need of major 
renovations across most areas and could potentially be decommissioned; 
27 percent were `fair', with multiple areas needing major or minor 
renovation; 33 percent were `average', fully operational but could use 
a few minor renovations; 24 percent were `good', fully operational with 
regular maintenance schedule; and only 7 percent were `excellent' like 
a new facility.
    Subpart E of 45 CFR 1303 implements the statutory requirements in 
the Head Start Act, Section 644(c), (f), and (g) related to facilities. 
It prescribes what a recipient must establish to show it is eligible to 
purchase, construct, and renovate facilities and explains how a 
recipient may apply for funds; details what measures a recipient must 
take to protect federal interest in facilities purchased, constructed, 
or renovated with grant funds; and concludes with other administrative 
provisions.
    In addition to facility improvements, such as minor or major 
renovations and construction, Head Start facilities must be maintained 
to ensure each child served in Head Start and Early Head Start programs 
is properly safeguarded from environmental hazards. As outlined in the 
HSPSS in section 1302.47(b)(1)(iii), all facilities where children are 
served, including areas for learning, playing, sleeping, toileting, and 
eating are, at a minimum free from pollutants, hazards, and toxins that 
are accessible to children and could endanger children's safety. Of 
specific concern, lead in water and paint are environmental hazards 
that can be toxic for developing children and can have adverse effects 
on physical and behavioral health. As such, OHS released an Information 
Memorandum on addressing lead in water by testing, remediating, and 
replacing water service lines following the Environmental Protection 
Agency guidelines in Head Start facilities. This IM also provides 
information on other federal funding sources that can be leveraged to 
eliminate lead in facilities.
    Tribal communities have been the recipients of many environmental 
injustices, and are disproportionately exposed to environmental 
contaminants based on where they live,\2\ \3\ highlighting the need to 
mitigate toxins, pollutants, and hazards in Head Start facilities--for 
children, families, and staff. Federally recognized tribes are not 
subject to state mandates, therefore tribal programs are not required 
to be licensed by the state. OHS understands that less than 3 percent 
of tribal public water systems have been included in government-
mandated monitoring, which indicates a critical issue with expanding 
safety testing. To account for this, IHS provides environmental health 
and safety assessments of most tribal grant recipient facilities on an 
annual basis. While there are regular assessments, OHS recognizes there 
is not a steady source of OHS funds to address all health and safety 
improvements and needs identified by IHS.
    OHS understands that often there is a lack of alternate facilities 
in rural and remote areas, forcing recipients to spend significant 
portions of their budget to maintain environmentally safe facilities. 
Tribes have asked OHS to create reliable recurring funding 
opportunities for renovation or construction of facilities, which could 
include funding for technology infrastructure and other improvements 
that facilitate high-quality programs.
    Currently, both Head Start and Child Care and Development Fund 
(CCDF) funds can be used by tribes to construct and/or improve 
facilities for early care and education services. The Office of Child 
Care and OHS have different application submission, review, and 
approval processes, which can be cumbersome and particularly hard to 
navigate for tribes that wish to submit an application to use both 
sources of funding.
Request for Information
    What are your thoughts on facility requirements, regulations, and 
TTA supports for AI/AN Head Start programs as outlined above? See below 
for more specific prompts to target feedback on facilities.

J. Facilities

    OHS understands that facility improvements are critically important 
to providing quality environments. While OHS cannot increase funding 
opportunities for facilities absent congressional action, OHS would 
like input on current regulations, processes, and TTA supports related 
to AI/AN Head Start facilities and whether there are any improvements 
or changes that could be made to help further meet tribal needs. OHS 
also seeks input on how AI/AN Head Start programs are creating healthy 
and safe facilities free from toxins, pollutants, and hazards, such as 
lead in water and paint, and what barriers they encounter, if any, to 
safeguarding children. OHS recognizes that Head Start facilities are 
often designed to integrate culturally relevant modalities, imagery, 
and features that facilitate the preservation of traditions and culture 
and invites comment on best practices in this area. Additionally, OHS 
invites comment on specific challenges or barriers recipients have 
experienced with facility funding requirements, including the major 
renovation (also known as the 1303) application and approval process. 
We also specifically seek input on barriers to building a facility that 
will serve more than the Head Start program, such as facilities jointly 
funded by Head Start and CCDF.

K. Fiscal Operations and Management

    Part 1303, Financial and Administrative Requirements, establishes 
regulations applicable to program administration and grants management 
for all grants under the Head Start Act. Some of these requirements 
include the 15 percent administrative cost limitation and the 20 
percent non-federal match requirement.
    Costs to develop and administer a program cannot be excessive or 
exceed 15 percent of the total approved program costs (Sec. 644(b)(2) 
of the Act). OHS understands that some tribes would like to remove the 
15 percent administrative cost, as required in statute. While OHS does 
not have the authority to automatically waive the administrative cost 
cap requirement for tribes (which includes both federal costs and non-
federal match), OHS wants to

[[Page 19324]]

remind tribes that they can request a waiver if (1) a delay or 
disruption to program services is caused by circumstances beyond the 
agency's control, or, (2) 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 
(1303.5 (b)(1) of HSPPS). If at any time within the grant funding 
cycle, a tribe estimates development and administration costs will 
exceed 15 percent of total approved costs, they 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 (1303.5 (b)(2) of HSPPS).
    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 match each budget period. OHS also understands that some tribes 
are requesting to remove the non-federal share match requirement. While 
OHS does not have the authority to institute automatic waivers for the 
non-federal share requirement for tribes, OHS reminds tribes that if an 
AI/AN program has been actively seeking non-federal match but is 
struggling to meet its requirement, it can apply to its regional office 
for a waiver. The following circumstances covered in the Head Start Act 
are considered when approving waivers:
     Lack of community resources that prevent a Head Start or 
Early Head Start program from providing all or a portion of the 
required match
     Impact of the cost the program may incur as it starts a 
new program in its initial years of operation
     Impact of an unanticipated increase in costs the program 
may incur
     Impact of a major disaster in a community that prevents 
the program from meeting its match
     Impact on the community that would result if the Head 
Start or Early Head Start program ceased to operate
    The responsible HHS official may approve a waiver of all or a 
portion of the non-federal match requirement on the basis of the 
grantee's written application submitted for the budget period and any 
supporting evidence included.
Request for Information
    What are your thoughts on fiscal operations and management 
requirements, regulations, and TTA supports for AI/AN Head Start 
programs as outlined above? See below for more specific prompts to 
target feedback on fiscal operations.

K. Fiscal Operations

    OHS invites comment on specific challenges or barriers recipients 
have experienced with these fiscal requirements, and others not listed, 
as well as any opportunities we can improve to better support tribes in 
fiscal management and oversight.

L. Early Childhood Systems

    Tribal early childhood development programs that serve young 
children and their families, including Head Start, CCDF, and tribal 
Maternal, Infant, and Early Childhood Home Visiting (MIECHV), have 
separate funding sources, standards, regulations, and governance 
structures. Some tribes have shared that they have encountered 
challenges in collaborating across programs to develop a comprehensive 
birth to 5 approach to early care and education, while others have had 
success with collaboration and early childhood systems building.
    ACF has engaged in efforts to support more coordinated and 
integrated tribal early childhood programs and systems, including the 
Tribal Early Learning Initiative (TELI). TELI is a partnership between 
ACF and tribes to better coordinate tribal early learning programs, 
create seamless systems for high-quality early childhood, raise the 
quality of services, and identify and break down barriers to 
collaboration and system improvement.
Request for Information
    What are your thoughts on the early childhood systems requirements, 
regulations, and TTA supports for AI/AN Head Start programs as outlined 
above? See below for more specific prompts to target feedback on early 
childhood systems.

L. Early Childhood Systems

    OHS understands that AI/AN Head Start programs have experienced 
both successes and barriers to collaboration with other early childhood 
system partners, including child care, home visiting, and other 
programs serving young children and their families. We welcome input 
regarding the provisions of the HSPPS that inhibit or promote 
collaboration to establishing seamless and integrated supports for 
families. We also welcome input on what policy guidance or TTA would be 
helpful in enabling tribes to better align and coordinate programs and 
build stronger early childhood systems.

M. Other Topics

    Please describe any other OHS tribal regulations and processes that 
interfere with tribal nations' Head Start program implementation and/or 
policies, regulations or TTA supports not yet addressed in this RFI and 
proposed solution(s).

Megan Steel,
ACF Certifying Officer.
[FR Doc. 2024-05573 Filed 3-15-24; 8:45 am]
BILLING CODE 4184-40-P