CHAPTER 105 —COMMUNITY SERVICES PROGRAMS
SUBCHAPTER I—COMMUNITY ECONOMIC DEVELOPMENT
Part A—Urban and Rural Special Impact Programs
Part B—Special Rural Programs
Part C—Development Loans to Community Economic Development Programs
Part D—Supportive Programs and Activities
SUBCHAPTER II—HEAD START PROGRAMS
SUBCHAPTER II–A—HEAD START TRANSITION PROJECT
SUBCHAPTER II–B—CHILD CARE AND DEVELOPMENT BLOCK GRANT
SUBCHAPTER II–C—CHILD CARE SAFETY AND HEALTH GRANTS
SUBCHAPTER III—FOLLOW THROUGH PROGRAMS
SUBCHAPTER IV—GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES
SUBCHAPTER V—COMPREHENSIVE CHILD DEVELOPMENT PROGRAM
SUBCHAPTER I—COMMUNITY ECONOMIC DEVELOPMENT
Codification
Subchapter is based on subchapter A of
§9801. Statement of purpose
The purpose of this subchapter is to encourage the development of special programs by which the residents of urban and rural low-income areas may, through self-help and mobilization of the community at large, with appropriate Federal assistance, improve the quality of their economic and social participation in community life in such a way as to contribute to the elimination of poverty and the establishment of permanent economic and social benefits.
(
Short Title of 2014 Amendment
Short Title of 2007 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1994 Amendment
Short Title of 1992 Amendment
Short Title of 1990 Amendment
Short Title of 1989 Amendment
Short Title of 1988 Amendment
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Short Title
Inconsistent Laws Superseded During Fiscal Years 1982, 1983, and 1984
"(a) Any provision of law which is not consistent with the provisions of this subtitle [subtitle A (§§601–670) of title VI of
"(b) Notwithstanding any authorization of appropriations for fiscal year 1982, 1983, or 1984 contained in any provision of law which is specified in this subtitle, no funds are authorized to be appropriated in excess of the limitations imposed upon appropriations by the provisions of this subtitle."
§9802. "Community development corporation" defined
For purposes of this subchapter, the term "community development corporation" means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A and any organization more than 50 percent of which is owned by such an organization, or otherwise controlled by such an organization, or designated by such an organization for the purpose of this subchapter.
(
§9803. Repealed. Pub. L. 105–285, title II, §202(b)(1), Oct. 27, 1998, 112 Stat. 2755
Section,
§9804. Advisory Community Investment Board
(a) National Community Investment Board; functions, composition, etc.
(1) The President is authorized to establish a National Advisory Community Investment Board (hereinafter in this section referred to as the "Investment Board"). Such Investment Board shall be composed of 15 members appointed, for staggered terms and without regard to the civil service laws, by the President, in consultation with the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the "Secretary"). Such members shall be representative of the investment and business communities and appropriate fields of endeavor related to this subchapter. The Investment Board shall meet at the call of the chairperson, but not less often than 3 times each year. The Secretary and the administrator of community economic development programs shall be ex officio members of the Investment Board.
(2) The Secretary shall carry out the provisions of this subchapter through an appropriate office.
(b) Function
The Investment Board shall promote cooperation between private investors and businesses and community development corporation projects through—
(1) advising the Secretary and the community development corporations on ways to facilitate private investment;
(2) advising businesses and other investors of opportunities in community development corporation projects; and
(3) advising the Secretary, community development corporations, and private investors and businesses of ways in which they might engage in mutually beneficial efforts.
(c) Local advisory community investment boards; establishment, composition, etc.
The governing body of each Community Development Corporation may establish an advisory community investment board composed of not to exceed 15 members who shall be appointed by the governing body after consultation with appropriate local officials. Each such board shall promote cooperation between private investors and businesses and the governing body of the Community Development Corporation through—
(1) advising the governing body on ways to facilitate private investors;
(2) advising businesses and other investors of opportunities in Community Development Corporation projects; and
(3) advising the governing body, private investors, and businesses of ways in which they might engage in mutually beneficial efforts.
(
Amendments
1998—Subsec. (a)(2).
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of
Part A—Urban and Rural Special Impact Programs
§9805. Statement of purpose
The purpose of this part is to establish special programs of assistance to nonprofit private locally initiated community development corporations which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantial numbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration; (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this part; and (4) provide financial and other assistance to start, expand, or locate enterprises in or near the area to be served so as to provide employment and ownership opportunities for residents of such areas, including those who are disadvantaged in the labor market because of their limited speaking, reading, and writing abilities in the English language.
(
§9806. Establishment and scope of programs
(a) The Secretary is authorized to provide financial assistance in the form of grants to nonprofit and for profit community development corporations and other affiliated and supportive agencies and organizations associated with qualifying community development corporations for the payment of all or part of the cost of programs which are designed to carry out the purposes of this part. Financial assistance shall be provided so that each community economic development program is of sufficient size, scope, and duration to have an appreciable impact on the area served. Such programs may include—
(1) community business and commercial development programs, including (A) programs which provide financial and other assistance (including equity capital) to start, expand, or locate businesses in or near the area served so as to provide employment and ownership opportunities for residents of such areas; and (B) programs for small businesses located in or owned by residents of such areas;
(2) community physical development programs, including industrial parks and housing activities, which contribute to an improved environment and which create new training, employment and ownership opportunities for residents of such area;
(3) training and public service employment programs and related services for unemployed or low-income persons which support and complement community development programs financed under this part, including, without limitation, activities such as the activities described in title I of the Workforce Investment Act of 1998; 1 and
(4) social service programs which support and complement community business and commercial development programs financed under this part, including child care, educational services, health services, credit counseling, energy conservation, recreation services, and programs for the maintenance of housing facilities.
(b) The Secretary shall conduct programs assisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establishment of permanent economic and social benefits in such areas.
(
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (a)(3), is
Amendments
1998—Subsec. (a)(3).
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(40)] of
1 See References in Text note below.
§9807. Financial assistance requirements
(a) Conditions
The Secretary, under such regulations as the Secretary may establish, shall not provide financial assistance for any community economic development program under this part unless the Secretary determines that—
(1) such community development corporation is responsible to residents of the area served (A) through a governing body not less than 50 percent of the members of which are area residents; and (B) in accordance with such other guidelines as may be established by the Secretary, except that the composition of the governing bodies of organizations owned or controlled by the community development corporation need not be subject to such residency requirement;
(2) the program will be appropriately coordinated with local planning under this subchapter with housing and community development programs, with employment and training programs, and with other relevant planning for physical and human resources in the areas served;
(3) adequate technical assistance is made available and committed to the programs being supported;
(4) such financial assistance will materially further the purposes of this part;
(5) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met;
(6) all projects and related facilities will, to the maximum feasible extent, be located in the areas served;
(7) projects will, where feasible, promote the development of entrepreneurial and management skills and the ownership or participation in ownership of assisted businesses and housing, cooperatively or otherwise, by residents of the area served;
(8) projects will be planned and carried out with the fullest possible participation of resident or local businessmen and representatives of financial institutions, including participation through contract, joint venture, partnership, stock ownership or membership on the governing boards or advisory councils of such projects consistent with the self-help purposes of this subchapter;
(9) no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship;
(10) the program will not result in the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal or other funds in connection with work that would otherwise be performed;
(11) the rates of pay for time spent in work training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant;
(12) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants;
(13) preference will be given to low-income or economically disadvantaged residents of the areas served in filling jobs and training opportunities; and
(14) training programs carried out in connection with projects financed under this part shall be designed wherever feasible to provide those persons who successfully complete such training with skills which are also in demand in communities, neighborhoods, or rural areas other than those for which programs are established under this part.
(b) Relocations substantially increasing unemployment
Financial assistance under this section shall not be extended to assist in the relocation of establishments from one location to another if such relocation would result in a substantial increase in unemployment in the area of original location.
(c) Community economic development program; application; specification of goals
Financial assistance for commercial development under this part shall not be extended until the community economic development program that has applied for assistance under this subchapter has specified in some detail its development goals and its development timetable. The Secretary, in providing continued financial assistance to a community economic development program, shall give serious consideration to the experience such program has had in meeting development goals or in adhering to development timetables.
(
§9808. Federal share; amount; availability; ownership of property acquired with Federal financial assistance
(a)(1) Assistance provided under this subchapter to any program described in
(2) The assistance referred to in paragraph (1) shall be made available (A) for deposit to the order of grantees which have demonstrated successful program performance, under conditions which the Secretary deems appropriate, within 30 days following approval of the grant agreement by the Secretary and such grantee; or (B) whenever the Secretary deems appropriate, in accordance with applicable rules and regulations prescribed by the Secretary of the Treasury, and including any other conditions which the Secretary of Health and Human Services deems appropriate, within 30 days following approval of the grant agreement by the Secretary and such grantee.
(b) Property acquired as a result of capital investments made by any community development corporation with funds granted as its Federal share of the cost of programs carried out under this subchapter, and the proceeds from such property, shall become the property of the community development corporation and shall not be considered to be Federal property. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased with grant funds shall continue to be used for the original purpose for which they were granted.
(
Part B—Special Rural Programs
§9809. Statement of purpose
It is the purpose of this part to meet the special economic needs of rural communities or areas with concentrations or substantial numbers of low-income persons by providing support to self-help programs which promote economic development and independence, as a supplement to existing similar programs conducted by other departments and agencies of the Federal Government. Such programs should encourage low-income families to pool their talents and resources so as to create and expand rural economic enterprise.
(
§9810. Financial assistance to low-income families, local cooperative associations, and local public or private nonprofit organizations or entities; amount, purposes, etc.
(a) The Secretary is authorized to provide financial assistance, including loans having a maximum maturity of fifteen years and in amounts not resulting in an aggregate principal indebtedness of more than $3,500 at any one time, to any low-income rural family where, in the judgment of the Secretary, such financial assistance has a reasonable possibility of effecting a permanent increase in the income of such families, or will contribute to the improvement of their living or housing conditions, by assisting or permitting them to—
(1) acquire or improve real estate or reduce encumbrances or erect improvements thereon;
(2) operate or improve the operation of farms not larger than family sized, including but not limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment; or
(3) participate in cooperative associations, or finance nonagricultral 1 enterprises which will enable such families to supplement their income.
(b) The Secretary is authorized to provide financial assistance to local cooperative associations or local public and private nonprofit organizations or agencies in rural areas containing concentrations or substantial numbers of low-income persons for the purpose of defraying all or part of the costs of establishing and operating cooperative programs for farming, purchasing, marketing, processing, and to improve their income as producers and their purchasing power as consumers, and to provide such essentials as credit and health services. Costs which may be defrayed shall include—
(1) administrative costs of staff and overhead;
(2) costs of planning and developing new enterprises;
(3) costs of acquiring technical assistance; and
(4) initial capital where it is determined by the Secretary that the poverty of the families participating in the program and the social conditions of the rural area require such assistance.
(
1 So in original. Probably should be "nonagricultural".
§9811. Limitation on assistance
No financial assistance shall be provided under this part unless the Secretary determines that—
(1) any cooperative association receiving assistance has a minimum of fifteen active members, a majority of which are low-income rural persons;
(2) adequate technical assistance is made available and committed to the programs being supported;
(3) such financial assistance will materially further the purposes of this part; and
(4) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met.
(
Part C—Development Loans to Community Economic Development Programs
§9812. Development loan fund
(a) Authorities, scope, and purposes; conditions; interest rate; repayment
The Secretary is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, to families and local cooperatives and the designated supportive organizations of cooperatives eligible for financial assistance under this subchapter, to private nonprofit organizations receiving assistance under
(1) there is reasonable assurance of repayment of the loan;
(2) the loan is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; and
(3) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made.
Loans made by the Secretary pursuant to this section shall bear interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge, if any, toward covering other costs of the program as the Secretary of Health and Human Services may determine to be consistent with its purposes, except that, for the 5 years following the date in which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the Secretary in light of the particular needs of the borrower, which rate shall not be lower than 1 percent. All such loans shall be repayable within a period of not more than 30 years.
(b) Adjustment of interest rates, moratorium on principal and interest, etc.
The Secretary is authorized to adjust interest rates, grant moratoriums on repayment of principal and interest, collect or compromise any obligations held by the Secretary, and to take such other actions in respect to such loans as the Secretary shall determine to be necessary or appropriate, consistent with the purposes of this section.
(c) Establishment, funding, etc.
(1) To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan Fund consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended.
(2) The Rural Development Loan Fund shall consist of the remaining funds provided for in part A of title III of the Economic Opportunity Act of 1964 [
(3) The Community Development Loan Fund shall consist of such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for purposes of carrying out this subchapter. The Secretary may make deposits in the Community Development Loan Fund in any fiscal year in which the Secretary has made available for grants to community development corporations under this subchapter not less than $60,000,000 out of funds made available from appropriations for purposes of carrying out this subchapter.
(
References in Text
The Economic Opportunity Act of 1964, referred to in subsec. (c)(2), is
Amendments
1990—Subsec. (c)(2).
Transfer of Functions
Functions relating to administration of Community Development Credit Union Revolving Loan Fund transferred from Secretary of Health and Human Services to National Credit Union Administration Board by
1 So in original. The comma probably should not appear.
§9812a. Interest rates payable on certain rural development loans; assignment of loan contracts
(a) Modification of interest rates
Notwithstanding any other provision of law—
(1) any outstanding loan made after December 31, 1982, by the Secretary of Health and Human Services; or
(2) any loan made after September 30, 1986;
with moneys from the Rural Development Loan Fund established by
(b) Assignment of certain loan contracts
Any contract for a loan made during the period beginning on December 31, 1982, and ending on September 30, 1986, with—
(1) moneys from the Rural Development Loan Fund established by
(2) funds available (before October 27, 1998) under
to an intermediary borrower that is a county government may be assigned by such borrower to an entity to which such loan could have been made for the purpose for which such contract was made. Any entity to which such contract is so assigned shall be substituted as a party to such contract and shall be obligated to carry out such contract and the purpose for which such contract was made.
(
References in Text
Codification
Section was enacted as part of the Human Services Reauthorization Act of 1986, and not as part of the Community Economic Development Act of 1981 which comprises this subchapter.
Amendments
1998—Subsec. (a).
Subsec. (b)(2).
Effective Date
Section effective Oct. 1, 1986, see section 1001 of
Transfer of Loan by Utah or Ohio Local Public Body to Nonprofit Corporation
§9813. Model Community Economic Development Finance Corporation; establishment; functions
To the extent he deems appropriate, the Secretary shall utilize funds available under this part to prepare a plan of action for the establishment of a Model Community Economic Development Finance Corporation to provide a user-controlled independent and professionally operated long-term financing vehicle with the principal purpose of providing financial support for community economic development corporations, cooperatives, other affiliated and supportive agencies and organizations associated with community economic development corporations, and other entities eligible for assistance under this subchapter.
(
Part D—Supportive Programs and Activities
§9814. Training and technical assistance
(a) Grants, contracts, and other arrangements; preconditions
The Secretary shall provide, directly or through grants, contracts, or other arrangements, such technical assistance and training of personnel as may be required to effectively implement the purposes of this subchapter. No financial assistance shall be provided to any public or private organization under this section unless the Secretary provides the beneficiaries of these services with opportunity to participate in the selection of and to review the quality and utility of the services furnished them by such organization.
(b) Technical assistance to community development corporations and urban and rural cooperatives
Technical assistance to community development corporations and both urban and rural cooperatives may include planning, management, legal assistance or support, preparation of feasibility studies, product development, marketing, and the provision of stipends to encourage skilled professionals to engage in full-time activities under the direction of a community organization financially assisted under this subchapter.
(c) Training for employees of community development corporations and employees and members of urban and rural cooperatives
Training for employees of community development corporations and for employees and members of urban and rural cooperatives shall include on-the-job training, classroom instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and other technical and organizational skills which will contribute to the effectiveness of programs assisted under this subchapter.
(
§9815. Small Business Administration and Department of Commerce economic development programs; regulations
(a)(1) Funds granted under this subchapter which are invested directly or indirectly, in a small investment company, local development company, limited small business investment company, or small business investment company licensee under section 681(d) 1 of title 15 shall be included as "private paid-in capital and paid-in surplus", "combined paid-in capital and paid-in surplus", and "paid-in capital" for purposes of sections 682, 683, and 696, respectively, of title 15.
(2) Not later than 90 days after August 13, 1981, the Administrator of the Small Business Administration, after consultation with the Secretary, shall promulgate regulations to ensure the availability to community development corporations of such programs as shall further the purposes of this subchapter, including programs under
(b)(1) Areas selected for assistance under this subchapter shall be deemed "redevelopment areas" within the meaning of section 401 of the Publc 2 Works and Economic Development Act of 1965,1 shall qualify for assistance under the provisions of title I and title II of such Act, and shall be deemed to have met the overall economic development program requirements of section 202(b)(10) of such Act.
(2) Not later than 90 days after August 13, 1981, the Secretary of Commerce shall prescribe regulations which will ensure that community development corporations and cooperatives shall qualify for assistance and shall be eligible to receive such assistance under all such programs of the Economic Development Administration as shall further the purposes of this subchapter.
(
References in Text
The Public Works and Economic Development Act of 1965, referred to in subsec. (b)(1), is
1 See References in Text note below.
2 So in original. Probably should be "Public".
§9816. Department of Housing and Urban Development programs
The Secretary of Housing and Urban Development, after consultation with the Secretary, shall take all necessary steps to assist community development corporations and local cooperative associations to qualify for and receive (1) such assistance in connection with technical assistance, counseling to tenants and homeowners, and loans to sponsors of low-income and moderate-income housing under section 106 of the Housing and Urban Development Act of 1968 [
(
References in Text
Section 811 of the Housing and Community Development Act of 1974, referred to in text, is section 811 of
The Housing and Community Development Act of 1974, referred to in text, is
Section 701 of the Housing Act of 1954, referred to in text, is section 701 of act Aug. 2, 1954, ch. 649,
Section 401 of the Housing and Community Development Act of 1974, referred to in text, is section 401 of
Capacity Building for Community Development and Affordable Housing
"(a)
"(b)
"(1) training, education, support, and advice to enhance the technical and administrative capabilities of community development corporations and community housing development organizations;
"(2) loans, grants, or predevelopment assistance to community development corporations and community housing development organizations to carry out community development and affordable housing activities that benefit low-income families; and
"(3) such other activities as may be determined by the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA in consultation with the Secretary.
"(c)
"(d)
"(e)
1 See References in Text note below.
§9817. Department of Agriculture; Rural Development Administration programs
The Secretary of Agriculture or, where appropriate, the Administrator of the Farmers Home Administration, or of the Rural Development Administration, after consultation with the Secretary of Health and Human Services, shall take all necessary steps to ensure that community development corporations and local cooperative associations shall qualify for and shall receive—
(1) such assistance in connection with housing development under the Housing Act of 1949, as amended [
(2) such assistance in connection with housing, business, industrial, and community development under the Consolidated Farmers Home Administration Act of 1961 [
(3) such further assistance under all such programs of the United States Department of Agriculture; as shall further the purposes of this subchapter.
(
References in Text
The Housing Act of 1949, referred to in par. (1), is act July 15, 1949, ch. 338,
The Consolidated Farmers Home Administration Act of 1961, referred to in par. (2), is title III of
The Rural Development Act of 1972, referred to in par. (2), is
Amendments
1990—
§9818. Coordination and eligibility
(a) The Secretary shall take all necessary and appropriate steps to encourage Federal departments and agencies and State and local governments to make grants, provide technical assistance, enter into contracts, and generally support and cooperate with community development corporations and local cooperative associations.
(b) Eligibility for assistance under other Federal programs shall not be denied to any applicant on the ground that it is a community development corporation or any other entity assisted under this subchapter.
(
§9819. Evaluation of programs; implementation and funding, etc.; research and demonstration projects; implementation and purposes
(a) Each program for which grants are made under this subchapter shall provide for a thorough evaluation of the effectiveness of the program in achieving its purposes, which evaluation shall be conducted by such public or private organizations as the Secretary in consultation with existing grantees familiar with programs carried out under the Community Services Block Grant Act [
(b) The Secretary shall conduct, either directly or through grants or other arrangements, research and demonstration projects designed to suggest new programs and policies to achieve the purposes of this subchapter in such ways as to provide opportunities for employment, ownership, and a better quality of life for low-income residents.
(
References in Text
The Community Services Block Grant Act, referred to in subsec. (a), is subtitle B (§671 et seq.) of title VI of
§9820. Grants to plan economic development and cooperative programs
In order to facilitate the purposes of this subchapter, the Secretary is authorized to provide financial assistance to any public or private nonprofit agency or organization for planning of community economic development programs and cooperative programs under this subchapter.
(
§9821. Nondiscrimination provisions
(a) The Secretary shall not provide financial assistance for any program, project, or activity under this subchapter unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs.
(b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this subchapter. The Secretary shall enforce the provisions of the preceding sentence in accordance with
(
§9822. Availability of certain appropriated funds
Funds appropriated to the Rural Development Loan Fund under title VII of the Economic Opportunity Act of 1964 [
(
References in Text
The Economic Opportunity Act of 1964, referred to in text, is
Codification
"August 12, 1981" substituted in text for "the day before the date of the enactment of this Act".
Transfer of Community Development Credit Union Revolving Loan Fund
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Community Development Credit Union Revolving Loan Fund Transfer Act'.
"SEC. 2. TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING LOAN FUND.
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(1)
"(2)
"(3)
SUBCHAPTER II—HEAD START PROGRAMS
Codification
Subchapter is based on subchapter B of
§9831. Statement of purpose
It is the purpose of this subchapter to promote the school readiness of low-income children by enhancing their cognitive, social, and emotional development—
(1) in a learning environment that supports children's growth in language, literacy, mathematics, science, social and emotional functioning, creative arts, physical skills, and approaches to learning; and
(2) through the provision to low-income children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary.
(
Amendments
2007—
1998—
"(a) In recognition of the role which Project Head Start has played in the effective delivery of comprehensive health, educational, nutritional, social, and other services to economically disadvantaged children and their families, it is the purpose of this subchapter to extend the authority for the appropriation of funds for such program.
"(b) In carrying out the provisions of this subchapter, the Secretary of Health and Human Services shall continue the administrative arrangement responsible for meeting the needs of migrant, non-English language background, and Indian children and shall assure that appropriate funding is provided to meet such needs."
1990—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Short Title
For short title of this subchapter as the "Head Start Act", see section 635 of
Preschool Development Grants
"(a)
"(1) to assist States to develop, update, or implement a strategic plan that facilitates collaboration and coordination among existing programs of early childhood care and education in a mixed delivery system across the State designed to prepare low-income and disadvantaged children to enter kindergarten and to improve transitions from such system into the local educational agency or elementary school that enrolls such children, by—
"(A) more efficiently using existing Federal, State, local, and non-governmental resources to align and strengthen the delivery of existing programs;
"(B) coordinating the delivery models and funding streams existing in the State's mixed delivery system; and
"(C) developing recommendations to better use existing resources in order to improve—
"(i) the overall participation of children in a mixed delivery system of Federal, State, and local early childhood education programs;
"(ii) program quality while maintaining availability of services;
"(iii) parental choice among existing programs; and
"(iv) school readiness for children from low-income and disadvantaged families, including during such children's transition into elementary school;
"(2) to encourage partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, private entities (including faith- and community-based entities), and local educational agencies, to improve coordination, program quality, and delivery of services; and
"(3) to maximize parental choice among a mixed delivery system of early childhood education program providers.
"(b)
"(1)
"(2)
"(3)
"(4)
"(A) was operating in the State on the day before the date of enactment of this Act [Dec. 10, 2015]; or
"(B) began operating in the State at any time on or after the date of enactment of this Act through funds that were not provided by a grant under this section.
"(5)
"(A) of early childhood education services that are delivered through a combination of programs, providers, and settings (such as Head Start, licensed family and center-based child care programs, public schools, and community-based organizations); and
"(B) that is supported with a combination of public funds and private funds.
"(6)
"(7)
"(c)
"(1)
"(2)
"(A) on a competitive basis; and
"(B) with priority for States that meet the requirements of subsection (e)(3).
"(3)
"(4)
"(d)
"(1) an identification of the State entity that the Governor of the State has appointed to be responsible for duties under this section;
"(2) a description of how such State entity proposes to accomplish the activities described in subsection (f) and meet the purposes of this section described in subsection (a), including—
"(A) a timeline for strategic planning activities; and
"(B) a description of how the strategic planning activities and the proposed activities described in subsection (f) will increase participation of children from low-income and disadvantaged families in high-quality early childhood education and preschool programs as a result of the grant;
"(3) a description of the Federal, State, and local existing programs in the State for which such State entity proposes to facilitate activities described in subsection (f), including—
"(A) programs carried out under the Head Start Act (
"(B) child care programs carried out under the Child Care and Development Block Grant Act of 1990 (
"(C) other Federal, State, and local programs of early learning and development, early childhood education, and child care, operating in the State (including programs operated by Indian tribes and tribal organizations and private entities, including faith- and community-based entities), as of the date of the application for the grant;
"(4) a description of how the State entity, in collaboration with Centers of Excellence in Early Childhood, if appropriate, will provide technical assistance and disseminate best practices;
"(5) a description of how the State plans to sustain the activities described in, and carried out in accordance with, subsection (f) with non-Federal sources after grant funds under this section are no longer available, if the State plans to continue such activities after such time; and
"(6) a description of how the State entity will work with the State Advisory Council and Head Start collaboration offices.
"(e)
"(1) determine which applications satisfy the requirements of such subsection;
"(2) confirm that each State submitting an application has, as of the date of the application, a mixed delivery system in place; and
"(3) determine if a priority is merited in accordance with subsection (c)(2)(B) because the State has never received—
"(A) a grant under subsection (c); or
"(B) a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act.
"(f)
"(1) Conducting a periodic statewide needs assessment of—
"(A) the availability and quality of existing programs in the State, including such programs serving the most vulnerable or underserved populations and children in rural areas;
"(B) to the extent practicable, the unduplicated number of children being served in existing programs; and
"(C) to the extent practicable, the unduplicated number of children awaiting service in such programs.
"(2) Developing a strategic plan that recommends collaboration, coordination, and quality improvement activities (including activities to improve children's transition from early childhood education programs into elementary schools) among existing programs in the State and local educational agencies. Such plan shall include information that—
"(A) identifies opportunities for, and barriers to, collaboration and coordination among existing programs in the State, including among State, local, and tribal (if applicable) agencies responsible for administering such programs;
"(B) recommends partnership opportunities among Head Start providers, local educational agencies, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities) that would improve coordination, program quality, and delivery of services;
"(C) builds on existing plans and goals with respect to early childhood education programs, including improving coordination and collaboration among such programs, of the State Advisory Council while incorporating new or updated Federal, State, and local statutory requirements, including—
"(i) the requirements of the Child Care and Development Block Grant Act of 1990 (
"(ii) when appropriate, information found in the report required under section 13 of the Child Care and Development Block Grant Act of 2014 (
"(D) describes how accomplishing the activities described in subparagraphs (A) through (C) will better serve children and families in existing programs and how such activities will increase the overall participation of children in the State.
"(3) Maximizing parental choice and knowledge about the State's mixed delivery system of existing programs and providers by—
"(A) ensuring that parents are provided information about the variety of early childhood education programs for children from birth to kindergarten entry in the State's mixed delivery system; and
"(B) promoting and increasing involvement by parents and family members, including families of low-income and disadvantaged children, in the development of their children and the transition of such children from an early childhood education program into an elementary school.
"(4) Sharing best practices among early childhood education program providers in the State to increase collaboration and efficiency of services, including to improve transitions from such programs to elementary school.
"(5) After activities described in paragraphs (1) and (2) have been completed, improving the overall quality of early childhood education programs in the State, including by developing and implementing evidence-based practices that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 [
"(g)
"(1)
"(2)
"(A) the State has received a grant under subsection (c)(1) and the grant period has concluded; or
"(B)(i) the State has received a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act, and the grant period for such grant has concluded; and
"(ii) the Secretary allows such State to apply directly for a renewal grant under this subsection, rather than an initial grant under subsection (c)(1), and the State submits with its application the needs assessment completed under the preschool development grant (updated as necessary to reflect the needs of the State as of the time of the application) in place of the activity described in subsection (f)(1).
"(3)
"(4)
"(5)
"(A) applicable information required in the application described in subsection (d), and in the case of a State described in paragraph (2)(A), updated as the State determines necessary;
"(B) in the case of a State described in paragraph (2)(A), a description of how funds were used for the activities described in subsection (f) in the initial grant period and the extent to which such activities will continue to be supported in the renewal period;
"(C) in the case of a State described in paragraph (2)(B), how a needs assessment completed prior to the date of the application, such as the needs assessment completed under the preschool development grant program (as such program existed prior to the date of enactment of this Act), and updated as necessary in accordance with paragraph (2)(B)(ii), will be sufficient information to inform the use of funds under this subsection, and a copy of such needs assessment;
"(D) a description of how funds will be used for the activities described in paragraph (6) during the renewal grant period, if the State proposes to use grant funds for such activities; and
"(E) in the case of a State that proposes to carry out activities described in paragraph (6) and to continue such activities after grant funds under this subsection are no longer available, a description of how such activities will be sustained with non-Federal sources after such time.
"(6)
"(A)
"(i)(I) enable programs to implement activities addressing areas in need of improvement as determined by the State, through the use of funds for the activities described in paragraph (5)(C) or subsection (f), as applicable; and
"(II) as determined through the activities described in paragraph (5)(C) or subsection (f), as applicable, expand access to such existing programs; or
"(ii) develop new programs to address the needs of children and families eligible for, but not served by, such programs, if the State ensures that—
"(I) the distribution of subgrants under this subparagraph supports a mixed delivery system; and
"(II) funds made available under this subparagraph will be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section.
"(B)
"(C)
"(i) for the first year of the renewal grant, use more than 60 percent of the grant funds available for such year to award such subgrants; and
"(ii) for each of the second and third years of the renewal grant, use more than 75 percent of the grant funds available for such year to award such subgrants.
"(h)
"(1)
"(A) how, and to what extent, the grant funds were utilized for activities described in subsection (f), and any other activities through which funds were used to meet the purposes of this section, as described in subsection (a);
"(B) strategies undertaken at the State level and, if applicable, local or program level, to implement recommendations in the strategic plan developed under subsection (f)(2);
"(C)(i) any new partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities); and
"(ii) how these partnerships improve coordination and delivery of services;
"(D) if applicable, the degree to which the State used information from the report required under section 13 of the Child Care and Development Block Grant Act of 2014 to inform activities under this section, and how this information was useful in coordinating, and collaborating among, programs and funding sources;
"(E) the extent to which activities funded by the initial grant led to the blending or braiding of other public and private funding;
"(F) how information about available existing programs for children from birth to kindergarten entry was disseminated to parents and families, and how involvement by parents and family was improved; and
"(G) other State-determined and voluntarily provided information to share best practices regarding early childhood education programs and the coordination of such programs.
"(2)
"(A) information described in subparagraphs (A) through (G) of paragraph (1), as applicable and updated for the period covered by the renewal grant; and
"(B) if applicable, information on how the State was better able to serve children through the distribution of funds in accordance with subsection (g)(5), through—
"(i) a description of the activities conducted through the use of subgrant funds, including, where appropriate, measurable areas of program improvement and better use of existing resources; and
"(ii) best practices from the use of subgrant funds, including how to better serve the most vulnerable, underserved, and rural populations.
"(i)
"(1)
"(A) early learning and development guidelines, standards, or specific assessments, including the standards or measures that States use to develop, implement, or improve such guidelines, standards, or assessments;
"(B) specific measures or indicators of quality early learning and care, including—
"(i) the systems that States use to assess the quality of early childhood education programs and providers, school readiness, and achievement; and
"(ii) the term 'high-quality' as it relates to early learning, development, or care;
"(C) early learning or preschool curriculum, programs of instruction, or instructional content;
"(D) teacher and staff qualifications and salaries;
"(E) class sizes and ratios of children to instructional staff;
"(F) any new requirement that an early childhood education program is required to meet that is not explicitly authorized in this section;
"(G) the scope of programs, including length of program day and length of program year; and
"(H) any aspect or parameter of a teacher, principal, other school leader, or staff evaluation system within a State, local educational agency, or early childhood education program.
"(2)
"(3)
"(j)
"(1)
"(2)
"(k)
Review of Federal Early Childhood Education Programs
"(a)
"(1) develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office's 2012 annual report (GAO–12–342SP);
"(2) determine if the activities conducted by States using grant funds from preschool development grants under section 9212 [set out above] have led to better utilization of resources; and
"(3) make recommendations to Congress for streamlining all such programs.
"(b)
"(1) not later than 2 years after the date of enactment of this Act [Dec. 10, 2015], prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a detailed report that—
"(A) outlines the efficiencies that can be achieved by, and specific recommendations for, eliminating overlap and fragmentation among all Federal early childhood education programs;
"(B) explains how the use by States of preschool development grant funds under section 9212 has led to the better utilization of resources; and
"(C) builds upon the review of Federal early learning and care programs required under section 13 of the Child Care and Development Block Grant Act of 2014 (
"(2) annually prepare and submit to such Committees a detailed update of the report described in paragraph (1)."
§9832. Definitions
For purposes of this subchapter:
(1) The term "child with a disability" means—
(A) a child with a disability, as defined in
(B) an infant or toddler with a disability, as defined in
(2) The term "deficiency" means—
(A) a systemic or substantial material failure of an agency in an area of performance that the Secretary determines involves—
(i) a threat to the health, safety, or civil rights of children or staff;
(ii) a denial to parents of the exercise of their full roles and responsibilities related to program operations;
(iii) a failure to comply with standards related to early childhood development and health services, family and community partnerships, or program design and management;
(iv) the misuse of funds received under this subchapter;
(v) loss of legal status (as determined by the Secretary) or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; or
(vi) failure to meet any other Federal or State requirement that the agency has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified;
(B) systemic or material failure of the governing body of an agency to fully exercise its legal and fiduciary responsibilities; or
(C) an unresolved area of noncompliance.
(3) The term "delegate agency" means a public, private nonprofit (including a community-based organization, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 [
(4) The term "family literacy services" means services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:
(A) Interactive literacy activities between parents and their children.
(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.
(C) Parent literacy training that leads to economic self-sufficiency, and financial literacy..1
(D) An age-appropriate education to prepare children for success in school and life experiences.
(5) The term "financial assistance" includes assistance provided by grant, agreement, or contract, and payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments.
(6) The term "full calendar year" means all days of the year other than Saturday, Sunday, and a legal public holiday.
(7) The term "full-working-day" means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an agency to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child.
(8) The term "Head Start classroom" means a group of children supervised and taught by two paid staff members (a teacher and a teacher's aide or two teachers) and, where possible, a volunteer.
(9) The term "Head Start family day care" means Head Start services provided in a private residence other than the residence of the child receiving such services.
(10) The term "home-based Head Start program" means a Head Start program that provides Head Start services in the private residence of the child receiving such services.
(11) The term "homeless children" has the meaning given the term "homeless children and youths" in
(12) The term "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of the Alaska Native Claims Settlement Act (
(13) The term "institution of higher education" has the meaning given the term in
(14) The term "interrater reliability" means the extent to which 2 or more independent raters or observers consistently obtain the same result when using the same assessment tool.
(15) The term "limited English proficient", used with respect to a child, means a child—
(A)(i) who was not born in the United States or whose native language is a language other than English;
(ii)(I) who is a Native American (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 [
(II) who comes from an environment where a language other than English has had a significant impact on the child's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(B) whose difficulties in speaking or understanding the English language may be sufficient to deny such child—
(i) the ability to successfully achieve in a classroom in which the language of instruction is English; or
(ii) the opportunity to participate fully in society.
(16) The term "local educational agency" has the meaning given such term in the Elementary and Secondary Education Act of 1965 [
(17) The term "migrant or seasonal Head Start program" means—
(A) with respect to services for migrant farmworkers, 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.
(18) The term "mobile Head Start program" means the provision of Head Start services utilizing transportable equipment set up in various community-based locations on a routine, weekly schedule, operating in conjunction with home-based Head Start programs, or as a Head Start classroom.
(19) The term "poverty line" means the official poverty line (as defined by the Office of Management and Budget)—
(A) adjusted to reflect the percentage change in the Consumer Price Index For 2 All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and
(B) adjusted for family size.
(20) The term "principles of scientific research" means principles of research that—
(A) applies rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;
(B) presents findings and makes claims that are appropriate to and supported by methods that have been employed; and
(C) includes, as appropriate to the research being conducted—
(i) use of systematic, empirical methods that draw on observation or experiment;
(ii) use of data analyses that are adequate to support the general findings;
(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random assignment experiments;
(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.
(21) The term "professional development" means high-quality activities that will improve the knowledge and skills of Head Start teachers and staff, as relevant to their roles and functions, in program administration and the provision of services and instruction, as appropriate, in a manner that improves service delivery to enrolled children and their families, including activities that—
(A) are part of a sustained effort to improve overall program quality and outcomes for enrolled children and their families;
(B) are developed or selected with extensive participation of administrators and teachers from Head Start programs;
(C) are developmentally appropriate for the children being served;
(D) include instruction in ways that Head Start teachers and staff may work more effectively with parents, as appropriate;
(E) are designed to give Head Start teachers and staff the knowledge and skills to provide instruction and appropriate support services to children of diverse backgrounds, as appropriate;
(F) may include a 1-day or short-term workshop or conference, if the workshop or conference is consistent with the goals in the professional development plan described in
(G) in the case of teachers, assist teachers with—
(i) the acquisition of the content knowledge and teaching strategies needed to provide effective instruction and other school readiness services regarding early language and literacy, early mathematics, early science, cognitive skills, approaches to learning, creative arts, physical health and development, and social and emotional development linked to school readiness;
(ii) meeting the requirements in paragraphs (1) and (2) of
(iii) improving classroom management skills, as appropriate;
(iv) advancing their understanding of effective instructional strategies that are—
(I) based on scientifically valid research; and
(II) aligned with—
(aa) the Head Start Child Outcomes Framework developed by the Secretary and, as appropriate, State early learning standards; and
(bb) curricula, ongoing assessments, and other instruction and services, designed to help meet the standards described in
(v) acquiring the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of limited English proficient children, as appropriate; or
(vi) methods of teaching children with disabilities, as appropriate.
(22) The term "scientifically based reading research"—
(A) means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and
(B) shall include research that—
(i) employs systematic, empirical methods that draw on observation or experiment;
(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and
(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(23) The term "scientifically valid research" includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
(24) The term "Secretary" means the Secretary of Health and Human Services.
(25) The term "State" means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. The term includes the Republic of Palau for fiscal years 2008 and 2009, and (if the legislation described in
(26) The term "unresolved area of noncompliance" means failure to correct a noncompliance item within 120 days, or within such additional time (if any) as is authorized by the Secretary, after receiving from the Secretary notice of such noncompliance item, pursuant to
(
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (12), is
The Elementary and Secondary Education Act of 1965, referred to in par. (16), is
Amendments
2015—Par. (3).
Par. (15)(A)(ii)(I).
2007—
Par. (2).
Par. (3)(C).
Par. (12).
Par. (17).
Pars. (18) to (26).
1998—Pars. (1), (2).
Pars. (3), (4).
Par. (6).
Par. (12).
Par. (15).
Par. (16).
Par. (17).
1994—Par. (4).
Par. (5).
Par. (6).
Pars. (7), (8).
Par. (9).
Par. (10).
Par. (11).
Par. (12).
Par. (13).
Par. (14).
1990—Par. (2).
Pars. (4), (5).
Par. (6).
Pars. (7), (8).
Par. (9).
Pars. (10), (11).
1984—Par. (2).
Effective Date of 2015 Amendment
Amendment by
Effective Date of 1994 Amendment
"(a)
"(b)
Effective Date of 1990 Amendment
Amendment by
2 So in original. Probably should not be capitalized.
§9833. Financial assistance for Head Start programs
The Secretary may, upon application by an agency which is eligible for designation as a Head Start agency pursuant to
(
Amendments
2007—
1998—Cl. (1).
1994—
1988—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1988 Amendment
For effective date and applicability of amendment by
§9834. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter (other than
(
Amendments
2007—
1998—Subsec. (a).
Subsec. (b)(1) to (3).
"(1) $35,000,000 for each of the fiscal years 1995 through 1998 to—
"(A) carry out the Head Start Transition Project Act; and
"(B) carry out activities authorized under
"(2) not more than $3,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 through 1998, to carry out longitudinal research under
1994—Subsec. (a).
Subsecs. (b), (c).
"(b) There are authorized to be appropriated to carry out
"(c)(1) If the amount appropriated under subsection (a) of this section for fiscal year 1991 exceeds the adjusted appropriation, the Secretary shall make available not less than $20,000,000 to carry out the Head Start Transition Project Act.
"(2) The Secretary shall make available not less than $20,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out the Head Start Transition Project Act."
1990—
1989—
1986—
1984—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
§9835. Allotment of funds
(a) Distribution of appropriations; priorities, etc.
(1) Using the sums appropriated pursuant to
(2)(A) The Secretary shall determine an amount for each fiscal year for each State that is equal to the amount received through base grants for the prior fiscal year by the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii) of subparagraph (B).
(B) The Secretary shall reserve for each fiscal year such sums as are necessary—
(i) to provide each amount determined for a State under subparagraph (A) to the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii), by allotting to each agency described in this clause an amount equal to that agency's base grant for the prior fiscal year;
(ii) to provide an amount for the Indian Head Start programs that is equal to the amount provided for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency (including each Early Head Start agency) administering an Indian Head Start program an amount equal to that agency's base grant for the prior fiscal year;
(iii) to provide an amount for the migrant and seasonal Head Start programs, on a nationwide basis, that is equal to the amount provided nationwide for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency administering a migrant or seasonal Head Start program an amount equal to that agency's base grant for the prior fiscal year;
(iv) to provide an amount for each of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands of the United States (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base grants for such jurisdiction under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency's base grant for the prior fiscal year;
(v) to provide an amount for the Republic of Palau (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) for each of fiscal years 2008 and 2009, and (if legislation approving a new agreement regarding United States assistance for the Republic of Palau has not been enacted by September 30, 2009) for each of fiscal years 2010 through 2012, that is equal to the amount provided for base grants for such jurisdiction under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency's base grant for the prior fiscal year; and
(vi) to provide an amount for a collaboration grant under
(C)(i) The Secretary shall reserve for each fiscal year an amount that is not less than 2.5 percent and not more than 3 percent of the sums appropriated pursuant to
(I) the Secretary shall set aside a portion, but not less than 20 percent, to be used to fund training and technical assistance activities for Early Head Start programs, in accordance with
(II) the Secretary shall set aside a portion, equal to the rest of the reserved amount, to fund training and technical assistance activities for other Head Start programs, in accordance with
(aa) not less than 50 percent shall be made available to Head Start agencies to use directly, which may include at their discretion the establishment of local or regional agreements with community experts, institutions of higher education, or private consultants, to make program improvements identified by such agencies, by carrying out the training and technical assistance activities described in
(bb) not less than 25 percent shall be available to the Secretary to support a State-based training and technical assistance system, or a national system, described in
(cc) the remainder of the portion set aside under this subclause shall be available to the Secretary to assist Head Start agencies in meeting and exceeding the standards described in
(ii) In determining the portion set aside under clause (i)(I) and the amount reserved under this subparagraph, the Secretary shall consider the number of Early Head Start programs newly funded for that fiscal year.
(D) The Secretary shall reserve not more than $20,000,000 to fund research, demonstration, and evaluation activities under
(E) The Secretary shall reserve not more than $42,000,000 for discretionary payments by the Secretary, including payments for all costs (other than compensation of Federal employees) for activities carried out under subsection (c) or (e) of
(F) If the sums appropriated under
(G) Nothing in this section shall be construed to deny the Secretary the authority, consistent with
(3)(A) From any amount remaining for a fiscal year after the Secretary carries out paragraph (2) (referred to in this paragraph as the "remaining amount"), the Secretary shall—
(i) subject to clause (ii)—
(I) provide a cost of living increase for each Head Start agency (including each Early Head Start agency) funded under this subchapter for that fiscal year, to maintain the level of services provided during the prior year; and
(II) subject to subparagraph (B), provide $10,000,000 for Indian Head Start programs (including Early Head Start programs), and $10,000,000 for migrant and seasonal Head Start programs, to increase enrollment in the programs involved;
(ii) subject to clause (iii), if the remaining amount is not sufficient to carry out clause (i)—
(I) for each of fiscal years 2008, 2009, and 2010—
(aa) subject to subparagraph (B), provide 5 percent of that amount for Indian Head Start programs (including Early Head Start programs), and 5 percent of that amount for migrant and seasonal Head Start programs, to increase enrollment in the programs involved; and
(bb) use 90 percent of that amount to provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the same percentage (but not less than 50 percent) of the cost of living increase described in clause (i); and
(II) for fiscal year 2011 and each subsequent fiscal year—
(aa) provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the cost of living increase described in clause (i); and
(bb) subject to subparagraph (B), with any portion of the remaining amount that is not used under item (aa), provide equal amounts for Indian Head Start programs (including Early Head Start programs), and for migrant and seasonal Head Start programs, to increase enrollment in the programs involved; and
(iii) if the remaining amount is not sufficient to carry out clause (ii) for the fiscal year involved, use that amount to provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the same percentage of the cost of living increase described in clause (i).
(B)(i) Notwithstanding any other provision of this paragraph, the Indian Head Start programs shall not receive more than a total cumulative amount of $50,000,000 for all fiscal years, and the migrant and seasonal Head Start programs shall not receive more than a total cumulative amount of $50,000,000 for all fiscal years, under clause (i)(II), and subclauses (I)(aa) and (II)(bb) of clause (ii), of subparagraph (A) (referred to in this subsection as the "special expansion provisions"), to increase enrollment in the programs involved.
(ii)(I) Funds that are appropriated under
(II) For purposes of subclause (I)—
(aa) if no portion is reallocated under clause (iii), those funds shall remain available to the programs involved; or
(bb) if a portion is reallocated under clause (iii), the portion shall remain available to the recipients of the portion.
(iii) Of the funds made available as described in clause (ii), the Secretary shall reallocate the portion that the Secretary determines is unobligated 18 months after the funds are made available. The Secretary shall add that portion to the balance described in paragraph (4), and reallocate the portion in accordance with paragraph (4), for the following fiscal year referred to in clause (ii).
(4)(A) Except as provided in subparagraph (B), from any amount remaining for a fiscal year after the Secretary carries out paragraphs (2) and (3) (referred to in this paragraph as the "balance"), the Secretary shall—
(i) reserve 40 percent to carry out subparagraph (C) and paragraph (5);
(ii) reserve 45 percent to carry out subparagraph (D); and
(iii) reserve 15 percent (which shall remain available through the end of fiscal year 2012) to provide funds for carrying out
(B)(i) Under the circumstances described in clause (ii), from the balance, the Secretary shall—
(I) reserve 45 percent to carry out subparagraph (C) and paragraph (5); and
(II) reserve 55 percent to carry out subparagraph (D).
(ii) The Secretary shall make the reservations described in clause (i) for a fiscal year if—
(I) the total cumulative amount reserved under subparagraph (A)(iii) for all preceding fiscal years equals $100,000,000; or
(II) in the 2-year period preceding such fiscal year, funds were reserved under subparagraph (A)(iii) in an amount that totals not less than $15,000,000 and the Secretary received no approvable applications for such funds.
(iii) The total cumulative amount reserved under subparagraph (A)(iii) for all fiscal years may not be greater than $100,000,000.
(C) The Secretary shall fund the quality improvement activities described in paragraph (5) using the amount reserved under subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of which—
(i) a portion that is less than 10 percent may be reserved by the Secretary to provide funding to Head Start agencies (including Early Head Start agencies) that demonstrate the greatest need for additional funding for such activities, as determined by the Secretary; and
(ii) a portion that is not less than 90 percent shall be reserved by the Secretary to allot, to each Head Start agency (including each Early Head Start agency), an amount that bears the same ratio to such portion as the number of enrolled children served by the agency involved bears to the number of enrolled children served by all the Head Start agencies (including Early Head Start agencies), except that the Secretary shall account for the additional costs of serving children in Early Head Start programs and may consider whether an agency is providing a full-day program or whether an agency is providing a full-year program.
(D) The Secretary shall fund expansion of Head Start programs (including Early Head Start programs) using the amount reserved under subparagraph (A)(ii) or subparagraph (B)(i)(II), as appropriate, of which the Secretary shall—
(i) use 0.2 percent for Head Start programs funded under clause (iv) or (v) of paragraph (2)(B) (other than Early Head Start programs);
(ii) for any fiscal year after the last fiscal year for which Indian Head Start programs receive funds under the special expansion provisions, use 3 percent for Head Start programs funded under paragraph (2)(B)(ii) (other than Early Head Start programs), except that the Secretary may increase that percentage if the Secretary determines that the results of the study conducted under
(iii) for any fiscal year after the last fiscal year for which migrant or seasonal Head Start programs receive funds under the special expansion provisions, use 4.5 percent for Head Start programs funded under paragraph (2)(B)(iii) (other than Early Head Start programs), except that the Secretary may increase that percentage if the Secretary determines that the results of the study conducted under
(iv) from the remainder of the reserved amount—
(I) use 50 percent for Head Start programs funded under paragraph (2)(B)(i) (other than Early Head Start programs), of which—
(aa) the covered percentage shall be allocated among the States serving less than 60 percent (as determined by the Secretary) of children who are 3 or 4 years of age from families whose income is below the poverty line, by allocating to each of those States an amount that bears the same relationship to that covered percentage as the number of children who are less than 5 years of age from families whose income is below the poverty line (referred to in this subclause as "young low-income children") in that State bears to the number of young low-income children in all those States; and
(bb) the remainder shall be allocated proportionately among the States on the basis of the number of young low-income children; and
(II) use 50 percent for Early Head Start programs.
(E) In this paragraph, the term "covered percentage" means—
(i) for fiscal year 2008, 30 percent;
(ii) for fiscal year 2009, 40 percent;
(iii) for fiscal year 2010, 50 percent;
(iv) for fiscal year 2011, 55 percent; and
(v) for fiscal year 2012, 55 percent.
(5)(A) Not less than 50 percent of the amount reserved under subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of paragraph (4) to carry out quality improvement activities under paragraph (4)(C) and this paragraph shall be used to improve the compensation (including benefits) of educational personnel, family service workers, and child counselors, as described in
(i) ensure that compensation is adequate to attract and retain qualified staff for the programs involved in order to enhance program quality;
(ii) improve staff qualifications and assist with the implementation of career development programs for staff that support ongoing improvement of their skills and expertise; and
(iii) provide education and professional development to enable teachers to be fully competent to meet the professional standards established under
(I) providing assistance to complete postsecondary course work;
(II) improving the qualifications and skills of educational personnel to become certified and licensed as bilingual education teachers, or as teachers of English as a second language; and
(III) improving the qualifications and skills of educational personnel to teach and provide services to children with disabilities.
(B) Any remaining funds from the reserved amount described in subparagraph (A) shall be used to carry out any of the following activities:
(i) Supporting staff training, child counseling, and other services, necessary to address the challenges of children from immigrant, refugee, and asylee families, homeless children, children in foster care, limited English proficient children, children of migrant or seasonal farmworker families, children from families in crisis, children referred to Head Start programs (including Early Head Start programs) by child welfare agencies, and children who are exposed to chronic violence or substance abuse.
(ii) Ensuring that the physical environments of Head Start programs are conducive to providing effective program services to children and families, and are accessible to children with disabilities and other individuals with disabilities.
(iii) Employing additional qualified classroom staff to reduce the child-to-teacher ratio in the classroom and additional qualified family service workers to reduce the family-to-staff ratio for those workers.
(iv) Ensuring that Head Start programs have qualified staff that promote the language skills and literacy growth of children and that provide children with a variety of skills that have been identified, through scientifically based reading research, as predictive of later reading achievement.
(v) Increasing hours of program operation, including—
(I) conversion of part-day programs to full-working-day programs; and
(II) increasing the number of weeks of operation in a calendar year.
(vi) Improving communitywide strategic planning and needs assessments for Head Start programs and collaboration efforts for such programs, including outreach to children described in clause (i).
(vii) Transporting children in Head Start programs safely, except that not more than 10 percent of funds made available to carry out this paragraph may be used for such purposes.
(viii) Improving the compensation and benefits of staff of Head Start agencies, in order to improve the quality of Head Start programs.
(6) No sums appropriated under this subchapter may be combined with funds appropriated under any provision other than this subchapter if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such sums appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter.
(7) In this subsection:
(A) The term "base grant", used with respect to a fiscal year, means the amount of permanent ongoing funding (other than funding described in
(B) The term "cost-of-living increase", used with respect to an agency for a fiscal year, means an increase in the funding for that agency, based on the percentage change in the Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor Statistics) for the prior fiscal year, calculated on the amount of the base grant for that agency for the prior fiscal year.
(C) For the purposes of this subsection, the term "State" does not include Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
(b) Federal share
Financial assistance extended under this subchapter for a Head Start program shall not exceed 80 percent of the approved costs of the assisted program or activities, except that the Secretary may approve assistance in excess of such percentage if the Secretary determines that such action is required in furtherance of the purposes of this subchapter. For the purpose of making such determination, the Secretary shall take into consideration with respect to the Head Start program involved—
(1) the lack of resources available in the community that may prevent the Head Start agency from providing all or a portion of the non-Federal contribution that may be required under this subsection;
(2) the impact of the cost the Head Start agency may incur in initial years it carries out such program;
(3) the impact of an unanticipated increase in the cost the Head Start agency may incur to carry out such program;
(4) whether the Head Start agency is located in a community adversely affected by a major disaster; and
(5) the impact on the community that would result if the Head Start agency ceased to carry out such program.
Non-Federal contributions may be in cash or in kind, fairly evaluated, including plant, equipment, or services. The Secretary shall not require non-Federal contributions in excess of 20 percent of the approved costs of programs or activities assisted under this subchapter.
(c) Services covered
No programs shall be approved for assistance under this subchapter unless the Secretary is satisfied that the services to be provided under such program will be in addition to, and not in substitution for, comparable services previously provided without Federal assistance. The requirement imposed by the preceding sentence shall be subject to such regulations as the Secretary may prescribe.
(d) Enrollment of children with disabilities and provision of services
(1) The Secretary shall establish policies and procedures to assure that, for fiscal year 2009 and thereafter, not less than 10 percent of the total number of children actually enrolled by each Head Start agency and each delegate agency will be children with disabilities who are determined to be eligible for special education and related services, or early intervention services, as appropriate, as determined under the Individuals with Disabilities Education Act (
(2) Such policies and procedures shall ensure the provision of early intervening services, such as educational and behavioral services and supports, to meet the needs of children with disabilities, prior to an eligibility determination under the Individuals with Disabilities Education Act.
(3) Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.
(4) The Secretary shall establish policies and procedures to provide Head Start agencies with waivers of the requirements of paragraph (1) for not more than 3 years. Such policies and procedures shall require Head Start agencies, in order to receive such waivers, to provide evidence demonstrating that the Head Start agencies are making reasonable efforts on an annual basis to comply with the requirements of that paragraph.
(5) Nothing in this subsection shall be construed to limit or create a right to a free appropriate public education under the Individuals with Disabilities Education Act.
(e) Distribution of benefits between residents of rural and urban areas
The Secretary shall adopt appropriate administrative measures to assure that the benefits of this subchapter will be distributed equitably between residents of rural and urban areas.
(f) Guidelines for local service delivery models
(1) Not later than 1 year after December 12, 2007, the Secretary shall establish procedures to enable Head Start agencies to develop locally designed or specialized service delivery models to address local community needs, including models that leverage the capacity and capabilities of the delivery system of early childhood education and development services or programs.
(2) In establishing the procedures the Secretary shall establish procedures to provide for—
(A) the conversion of part-day programs to full-working-day programs or part-day slots to full-working-day slots; and
(B) serving additional infants and toddlers pursuant to
(g) Maintenance of current services; expansion of Head Start programs
(1) For the purpose of expanding Head Start programs 1 the Secretary shall take into consideration—
(A) the quality of the applicant's programs (including Head Start and other child care or child development programs) in existence on the date of the allocation, including, in the case of Head Start programs in existence on the date of the allocation, the extent to which such programs meet or exceed standards described in
(B) the applicant's capacity to expand services (including, in the case of Head Start programs in existence on the date of the allocation, whether the applicant accomplished any prior expansions in an effective and timely manner);
(C) the extent to which the applicant has undertaken a communitywide strategic planning and needs assessment involving other entities, including community organizations, and Federal, State, and local public agencies (including the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (
(i) family support services;
(ii) child abuse prevention services;
(iii) protective services;
(iv) foster care;
(v) services for families in whose homes English is not the language customarily spoken;
(vi) services for children with disabilities; and
(vii) services for homeless children;
(D) the extent to which the family needs assessment and communitywide strategic planning and needs assessment of the applicant reflect a need to provide full-working-day or full calendar year services and the extent to which, and manner in which, the applicant demonstrates the ability to collaborate and participate with the State and local community providers of child care or preschool services to provide full-working-day full calendar year services;
(E) the number of eligible children, as described in clause (i) or (ii) of
(F) the concentration of low-income families in each community;
(G) the extent to which the applicant proposes to foster partnerships with other service providers in a manner that will leverage the existing delivery systems of such services and enhance the resource capacity of the applicant; and
(H) the extent to which the applicant, in providing services, successfully coordinated activities with the local educational agency serving the community involved (including the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (
(2) Notwithstanding paragraph (1), in using funds made available for expansion under subsection (a)(4)(D), the Secretary shall first allocate the funds to qualified applicants proposing to use such funds to serve children from families with incomes below the poverty line. Agencies that receive such funds are subject to the eligibility and enrollment requirements under
(3)(A) In the event that the amount appropriated to carry out the program under this subchapter for a fiscal year does not exceed the amount appropriated for the prior fiscal year, or is not sufficient to maintain services comparable to the services provided under this subchapter during the prior fiscal year, a Head Start agency may negotiate with the Secretary a reduced funded enrollment level without a reduction in the amount of the grant received by the agency under this subchapter, if such agency can reasonably demonstrate that such reduced funded enrollment level is necessary to maintain the quality of services.
(B) In accordance with this paragraph, the Secretary shall set up a process for Head Start agencies to negotiate the reduced funded enrollment levels referred to in subparagraph (A) for the fiscal year involved.
(C) In the event described in subparagraph (A), the Secretary shall be required to notify Head Start agencies of their ability to negotiate the reduced funded enrollment levels if such an agency can reasonably demonstrate that such reduced funded enrollment level is necessary to maintain the quality of services.
(h) Full-working-day services
Financial assistance provided under this subchapter may be used by each Head Start program to provide full-working-day Head Start services to any eligible child throughout the full calendar year.
(i) Vehicle safety regulations
The Secretary shall issue regulations establishing requirements for the safety features, and the safe operation, of vehicles used by Head Start agencies to transport children participating in Head Start programs. The regulations shall also establish requirements to ensure the appropriate supervision of, and appropriate background checks for, individuals with whom the agencies contract to transport those children.
(j) Compensation of staff
Any agency that receives financial assistance under this subchapter to improve the compensation of staff who provide services under this subchapter 2 shall use the financial assistance to improve the compensation of such staff, regardless of whether the agency has the ability to improve the compensation of staff employed by the agency who do not provide Head Start services.
(k) Flexibility in hours of service requirement
(1) The Secretary shall allow center-based Head Start programs the flexibility to satisfy the total number of hours of service required by the regulations in effect on May 18, 1994, to be provided to children in Head Start programs so long as such agencies do not—
(A) provide less than 3 hours of service per day;
(B) reduce the number of days of service per week; or
(C) reduce the number of days of service per year.
(2) The provisions of this subsection shall not be construed to restrict the authority of the Secretary to fund alternative program variations authorized under section 1306.35 of title 45 of the Code of Federal Regulations in effect on May 18, 1994.
(l) Frequent relocation of migrant families
(1) With funds made available under this subchapter to expand migrant and seasonal Head Start programs, the Secretary shall give priority to migrant and seasonal Head Start programs that serve eligible children of migrant or seasonal farmworker families whose work requires them to relocate most frequently.
(2) In determining the need and demand for migrant and seasonal Head Start programs (and services provided through such programs), the Secretary shall consult with appropriate entities, including providers of services for migrant and seasonal Head Start programs. The Secretary shall, after taking into consideration the need and demand for migrant and seasonal Head Start programs (and such services), ensure that there is an adequate level of such services for eligible children of migrant farmworker families before approving an increase in the allocation of funds provided under this subchapter for unserved eligible children of seasonal farmworker families. In serving the eligible children of seasonal farmworker families, the Secretary shall ensure that services provided by migrant and seasonal Head Start programs do not duplicate or overlap with other Head Start services available to eligible children of such farmworker families.
(3) In carrying out this subchapter, the Secretary shall continue the administrative arrangement at the national level for meeting the needs of Indian children and children of migrant and seasonal farmworker families and shall ensure—
(A) the provision of training and technical assistance by staff with knowledge of and experience in working with such populations; and
(B) the appointment of a national Indian Head Start collaboration director and a national migrant and seasonal Head Start collaboration director.
(4)(A) For the purposes of paragraph (3), the Secretary shall conduct an annual consultation in each affected Head Start region, with tribal governments operating Head Start (including Early Head Start) programs.
(B) The consultations shall be for the purpose of better meeting the needs of Indian, including Alaska Native, children and their families, in accordance with this subchapter, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations.
(C) The Secretary shall publish a notification of the consultations in the Federal Register before conducting the consultations.
(D) The Secretary shall ensure that a detailed report of each consultation shall be prepared and made available, within 90 days after the consultation, to all tribal governments receiving funds under this subchapter.
(m) Enrollment and participation of homeless children
The Secretary shall issue rules to establish policies and procedures to remove barriers to the enrollment and participation of homeless children in Head Start programs. Such rules shall require Head Start agencies—
(1) to implement policies and procedures to ensure that homeless children are identified and prioritized for enrollment;
(2) to allow families of homeless children to apply to, enroll in, and attend Head Start programs while required documents, such as proof of residency, immunization and other medical records, birth certificates, and other documents, are obtained within a reasonable time frame; and
(3) to coordinate individual Head Start programs with efforts to implement subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (
(n) Construction of prerequisites to participation in program
Nothing in this subchapter shall be construed to require a State to establish a publicly funded program of early childhood education and development, or to require any child to participate in such a publicly funded program, including a State-funded preschool program, or to participate in any initial screening before participating in a publicly funded program of early childhood education and development, except as provided under sections 612(a)(3) and 635(a)(5) of the Individuals with Disabilities Education Act (
(o) Curricula
All curricula funded under this subchapter shall be based on scientifically valid research, and be age and developmentally appropriate. The curricula shall reflect all areas of child development and learning and be aligned with the Head Start Child Outcomes Framework. Parents shall have the opportunity to examine any such curricula or instructional materials funded under this subchapter.
(
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (d), is title VI of
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (m)(3), is
This subchapter, referred to in subsec. (j), was in the original "this Act" and was translated as reading "this subchapter", meaning subchapter B (§§635–657) of
Amendments
2007—Subsec. (a).
Subsec. (d).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(2)(A).
Subsec. (g)(2)(C).
Subsec. (g)(2)(D).
Subsec. (g)(2)(E).
Subsec. (g)(2)(G), (H).
"(G) the extent to which the applicant proposes to foster partnerships with other service providers in a manner that will enhance the resource capacity of the applicant; and
"(H) the extent to which the applicant, in providing services, plans to coordinate with the local educational agency serving the community involved and with schools in which children participating in a Head Start program operated by such agency will enroll following such program, regarding such services and the education services provided by such local educational agency."
Subsec. (g)(3), (4).
"(3) In determining the amount of funds reserved pursuant to subparagraph (A) or (B) of subsection (a)(2) of this section to be used for expanding Head Start programs under this subchapter, the Secretary shall take into consideration, to the extent appropriate, the factors specified in paragraph (2).
"(4) Notwithstanding subsection (a)(2) of this section, after taking into account paragraph (1), the Secretary may allocate a portion of the remaining additional funds under subsection (a)(2)(A) of this section for the purpose of increasing funds available for activities described in such subsection."
Subsec. (i).
Subsec. (l)(1).
Subsec. (l)(2).
Subsec. (l)(3), (4).
Subsecs. (m) to (o).
2004—Subsec. (a)(5)(C)(iv).
Subsec. (d).
1998—Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(2)(E).
Subsec. (a)(3)(A)(i)(I).
Subsec. (a)(3)(B)(ii).
Subsec. (a)(3)(B)(iv).
Subsec. (a)(3)(B)(v).
Subsec. (a)(3)(B)(vi).
Subsec. (a)(3)(B)(vii), (viii).
Subsec. (a)(3)(C)(i)(I).
Subsec. (a)(3)(C)(i)(II).
Subsec. (a)(3)(C)(i)(III).
Subsec. (a)(3)(C)(ii).
Subsec. (a)(3)(C)(v) to (vii).
Subsec. (a)(3)(D)(i)(II).
Subsec. (a)(4).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
"(B)(i) 331/3 percent of any amount available after all allotments have been made under subparagraph (A) for such fiscal year shall be distributed on the basis of the relative number of children from birth through 18 years of age, on whose behalf payments are made under the State program of assistance funded under part A of title IV of the Social Security Act in each State as compared to all States; and
"(ii) 662/3 percent of such amount shall be distributed on the basis of the relative number of children from birth through 5 years of age living with families with incomes below the poverty line in each State as compared to all States."
Subsec. (a)(5)(A).
Subsec. (a)(5)(B).
Subsec. (a)(5)(C)(i)(I).
Subsec. (a)(5)(C)(iii).
Subsec. (a)(5)(C)(iv).
Subsec. (a)(5)(C)(v), (vi).
Subsec. (a)(5)(D) to (F).
Subsec. (a)(6).
Subsec. (d).
Subsec. (g)(2)(A).
Subsec. (g)(2)(C).
Subsec. (g)(2)(D).
Subsec. (g)(2)(E).
Subsec. (g)(2)(G), (H).
Subsec. (g)(4).
Subsec. (l).
1996—Subsec. (a)(4)(B)(i).
1994—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(D).
Subsec. (a)(3)(A), (B).
Subsec. (a)(3)(C).
Subsec. (a)(3)(D).
Subsec. (a)(3)(D)(i).
Subsec. (a)(3)(D)(ii).
Subsec. (a)(3)(D)(iii).
Subsec. (a)(3)(D)(iv).
Subsec. (a)(3)(D)(v).
Subsec. (a)(3)(D)(vi).
Subsec. (a)(4).
Subsec. (a)(5), (6).
Subsec. (a)(7).
Subsec. (g).
Subsec. (h).
Subsecs. (j) to (l).
1992—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(3)(A)(vi).
Subsec. (a)(3)(B)(i).
Subsec. (a)(3)(B)(ii).
Subsec. (a)(3)(B)(iii).
Subsec. (a)(4)(B)(i)(II).
Subsec. (a)(5)(B)(i).
Subsec. (b).
Subsec. (g).
Subsec. (i).
1991—Subsec. (d).
1990—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(3), (4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (d).
Subsecs. (f), (g).
Subsec. (h).
1986—Subsec. (a)(2)(A).
1984—Subsec. (a)(2).
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
"(a)
"(2) The amendment made by section 2(e)(1) [amending
"(b)
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1986 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
2 See References in Text note below.
§9835a. Repealed. Pub. L. 103–252, title I, §106, May 18, 1994, 108 Stat. 629
Section,
Effective Date of Repeal
Repeal effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (
§9836. Designation of Head Start agencies
(a) Authority to designate
(1) In general
The Secretary is authorized to designate as a Head Start agency any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, pursuant to the requirements of this section.
(2) Interim policy
Notwithstanding paragraph (1), until such time as the Secretary develops and implements the system for designation renewal under this section, the Secretary is authorized to designate as a Head Start agency, any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, in the manner and process utilized by the Secretary prior to December 12, 2007.
(b) Application for designation renewal
To be considered for designation renewal, an entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may require.
(c) System for designation renewal
(1) In general
The Secretary shall develop a system for designation renewal that integrates the recommendations of the expert panel convened under paragraph (2) to determine if a Head Start agency is delivering a high-quality and comprehensive Head Start program that meets the educational, health, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in
(A) annual budget and fiscal management data;
(B) program reviews conducted under
(C) annual audits required under
(D) classroom quality as measured under
(E) Program Information Reports.
(2) Expert panel
Not later than 3 months after December 12, 2007, the Secretary shall convene an expert panel of 7 members to make recommendations to the Secretary on the development of a transparent, reliable, and valid system for designation renewal.
(3) Composition of expert panel
The Secretary, in convening such panel, shall appoint the following:
(A)(i) One member, who has demonstrated competency, as evidenced by training, expertise, and experience, in early childhood program accreditation.
(ii) One member, who has demonstrated competency (as so evidenced) in research on early childhood development.
(iii) One member, who has demonstrated competency (as so evidenced) in governance and finance of nonprofit organizations.
(iv) One member, who has demonstrated competency (as so evidenced) in delivery of services to populations of children with special needs and their families.
(v) One member, who has demonstrated competency (as so evidenced) in assessment and evaluation of programs serving young children.
(B) An employee from the Office of Head Start.
(C) An executive director of a Head Start agency.
(4) Expert panel report
Within 9 months after being convened by the Secretary, the expert panel shall issue a report to the Secretary that provides recommendations on a proposed system for designation renewal that takes into account the criteria in subparagraphs (A) through (E) of paragraph (1) to evaluate whether a Head Start agency is fulfilling its mission to deliver a high-quality and comprehensive Head Start program, including adequately meeting its governance, legal, and financial management requirements.
(5) Public comment and consideration
Not later than 3 months after receiving the report described in paragraph (4), the Secretary shall publish a notice describing a proposed system for designation renewal in the Federal Register, including a proposal for the transition to such system, providing at least 90 days for public comment. The Secretary shall review and consider public comments prior to finalizing the system for designation renewal described in this subsection.
(6) Designation renewal system
Not later than 12 months after publishing a notice describing the proposed system under paragraph (5), the Secretary shall implement the system for designation renewal and use that system to determine—
(A) whether a Head Start grantee is successfully delivering a high-quality and comprehensive Head Start program; and
(B) whether the grantee has any unresolved deficiencies found during the last triennial review under
(7) Implementation of the designation renewal system
(A) In general
A grantee who is determined under such system—
(i) to be delivering a high-quality and comprehensive Head Start program shall be designated (consistent with
(ii) to not be delivering a high-quality and comprehensive Head Start program shall be subject to an open competition as described in subsection (d); and
(iii) in the case of an Indian Head Start agency, to not be delivering a high-quality and comprehensive Head Start program shall (notwithstanding clause (ii)) be subject to the requirements of subparagraph (B).
(B) Tribal government consultation and reevaluation
On making a determination described in subparagraph (A)(iii), the Secretary shall 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 Head Start programs operated by the Indian Head Start agency. Such plan shall be established and implemented within 6 months after the Secretary's determination. Not more than 6 months after the implementation of that plan, the Secretary shall reevaluate the performance of the Indian Head Start agency. If the Indian Head Start agency is still not delivering a high-quality and comprehensive Head Start program, the Secretary shall conduct an open competition as described in subsection (d), subject to the limitations described in subsection (e).
(8) Transparency, reliability, and validity
The Secretary shall ensure the system for designation renewal is fair, consistent, and transparent and is applied in a manner that renews designations, in a timely manner, grantees as Head Start agencies for periods of 5 years if such grantees are delivering high-quality and comprehensive Head Start programs. The Secretary shall periodically evaluate whether the criteria of the system are being applied in a manner that is transparent, reliable, and valid.
(9) Transition
(A) In general
Each Head Start agency shall be reviewed under the system for designation renewal described in paragraph (6), not later than 3 years after the implementation of such system.
(B) Limitation
A Head Start agency shall not be subject to the requirements of the system for designation renewal prior to 18 months after December 12, 2007.
(C) Schedule
The Secretary shall establish and implement a schedule for reviewing each Head Start agency under the system for designation renewal described in paragraph (6), consistent with subparagraphs (A) and (B).
(10) Reports to Congress
The Secretary shall—
(A) make available to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the report described in paragraph (4);
(B) concurrently with publishing a notice in the Federal Register as described in paragraph (5), provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed system described in paragraph (5), including a clear rationale for any differences between the proposed system and the recommendations of the expert panel, if any such differences exist; and
(C) prior to implementing the system for designation renewal, provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate—
(i) summarizing the public comment on the proposed system and the Secretary's response to such comment; and
(ii) describing the final system for designation renewal and the plans for implementation of such system.
(d) Designation when no entity is renewed
(1) In general
If no entity in a community is determined to be successfully delivering a high-quality and comprehensive Head Start program, as specified in subsection (c), the Secretary shall, after conducting an open competition, designate for a 5-year period a Head Start agency from among qualified applicants in such community.
(2) Considerations for designation
In selecting from among qualified applicants for designation as a Head Start agency, the Secretary shall consider the effectiveness of each such applicant to provide Head Start services, based on—
(A) any past performance of such applicant in providing services comparable to Head Start services, including how effectively such applicant provided such comparable services;
(B) the plan of such applicant to provide comprehensive health, educational, nutritional, social, and other services needed to aid participating children in attaining their full potential, and to prepare children to succeed in school;
(C) the plan of such applicant to attract and retain qualified staff capable of delivering, including implementing, a high-quality and comprehensive program, including the ability to carry out a research based curriculum aligned with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(D) the ability of such applicant to maintain child-to-teacher ratios and family service worker caseloads that reflect best practices and are tied to high-quality service delivery;
(E) the capacity of such applicant to serve eligible children with—
(i) curricula that are based on scientifically valid research, that are developmentally appropriate, and that promote the school readiness of children participating in the program involved; and
(ii) teaching practices that are based, as appropriate, on scientifically valid research, that are developmentally appropriate, and that promote the school readiness of children participating in the program involved;
(F) the plan of such applicant to meet standards described in
(G) the proposed budget of the applicant and plan of such applicant to maintain strong fiscal controls and cost-effective fiscal management;
(H) the plan of such applicant to coordinate and collaborate with other public or private entities providing early childhood education and development programs and services for young children in the community involved, including—
(i) preschool programs under title I of the Elementary and Secondary Education Act of 1965 (
(ii) programs under section 619 and part C of the Individuals with Disabilities Education Act (
(iii) State prekindergarten programs;
(iv) child care programs;
(v) the educational programs that the children in the Head Start program involved will enter at the age of compulsory school attendance; and
(vi) local entities, such as a public or school library, for—
(I) conducting reading readiness programs;
(II) developing innovative programs to excite children about the world of books, including providing fresh books in the Head Start classroom;
(III) assisting in literacy training for Head Start teachers; or
(IV) supporting parents and other caregivers in literacy efforts;
(I) the plan of such applicant to coordinate the Head Start program that the applicant proposes to carry out, with public and private entities that are willing to commit resources to assist the Head Start program in meeting its program needs;
(J) the plan of such applicant—
(i) to facilitate the involvement of parents (including grandparents and kinship caregivers, as appropriate) of children participating in the proposed Head Start program, in activities (at home and, if practicable, at the location of the Head Start program) designed to help such parents become full partners in the education of their children;
(ii) to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level, including transportation assistance, as appropriate;
(iii) to offer (directly or through referral to local entities, public and school libraries, and entities carrying out family support programs) to such parents—
(I) family literacy services; and
(II) parenting skills training;
(iv) to offer to parents of participating children substance abuse counseling (either directly or through referral to local entities), if needed, including information on the effect of drug exposure on infants and fetal alcohol syndrome;
(v) at the option of such applicant, to offer (directly or through referral to local entities) to such parents—
(I) training in basic child development (including cognitive, social, and emotional development);
(II) assistance in developing literacy and communication skills;
(III) opportunities to share experiences with other parents (including parent-mentor relationships);
(IV) regular in-home visitation;
(V) health services, including information on maternal depression; or
(VI) any other activity designed to help such parents become full partners in the education of their children;
(vi) to provide, with respect to each participating family, a family needs assessment that includes consultation with such parents (including foster parents, grandparents, and kinship caregivers, where applicable), in a manner and language that such parents can understand, to the extent practicable, about the benefits of parent involvement and about the activities described in this subparagraph in which such parents may choose to become involved (taking into consideration their specific family needs, work schedules, and other responsibilities); and
(vii) to extend outreach to fathers (including father figures), in appropriate cases, in order to strengthen the role of those fathers in families, in the education of young children, and in the Head Start program, by working directly with the fathers through activities such as—
(I) in appropriate cases, including the fathers in home visits and providing opportunities for direct father-child interactions; and
(II) targeting increased male participation in the conduct of the program;
(K) the plan of such applicant to meet the needs of limited English proficient children and their families, including procedures to identify such children, plans to provide trained personnel, and plans to provide services to assist the children in making progress toward the acquisition of the English language, while making meaningful progress in attaining the knowledge, skills, abilities, and development described in
(L) the plan of such applicant to meet the diverse needs of the population served;
(M) the plan of such applicant who chooses to assist younger siblings of children who will participate in the Head Start program to obtain health services from other sources;
(N) the plan of such applicant to meet the needs of children with disabilities, including procedures to identify such children, procedures for referral of such children for evaluation to State or local agencies providing services under section 619 or part C of the Individuals with Disabilities Education Act (
(O) the plan of such applicant to meet the needs of homeless children, including transportation needs, and the needs of children in foster care; and
(P) other factors related to the requirements of this subchapter.
(3) Priority
In selecting from among qualified applicants for designation as a Head Start agency, the Secretary shall 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.
(e) Prohibition against non-Indian Head Start agency receiving a grant for an Indian Head Start program
(1) In general
Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may a non-Indian Head Start agency receive a grant to carry out an Indian Head Start program.
(2) Exception
In a community in which there is no Indian Head Start agency available for designation to carry out an Indian Head Start program, a non-Indian Head Start agency may receive a grant to carry out an Indian Head Start program but only until such time as an Indian Head Start agency in such community becomes available and is designated pursuant to this section.
(f) Interim provider
If no agency in a community is designated under subsection (d), and there is no qualified applicant in the community, the Secretary shall designate a qualified agency to carry out the Head Start program in the community on an interim basis until a qualified applicant from the community is designated under subsection (d).
(g) Parent and community participation
The Secretary shall require that the practice of significantly involving parents and community residents in the area affected by the program involved, in the selection of Head Start agencies, be continued.
(h) Community
For purposes of this subchapter, a community may be a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any off-reservation area designated by an appropriate tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and possesses the commonality of interest needed to operate a Head Start program.
(
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2)(H)(i), is
The Individuals with Disabilities Education Act, referred to in subsec. (d)(2)(H)(ii), (N), is title VI of
Amendments
Subsec. (d)(2)(H)(i).
Subsec. (d)(2)(H)(ii) to (vii).
Subsec. (d)(2)(J)(iii).
2007—
2004—Subsec. (d)(3).
1998—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d).
Subsec. (d)(3).
Subsec. (d)(4)(A).
Subsec. (d)(4)(D).
Subsec. (d)(4)(D)(iii).
Subsec. (d)(4)(D)(iv), (v).
Subsec. (d)(4)(E).
Subsec. (d)(4)(F).
Subsec. (d)(7).
Subsec. (d)(8) to (10).
Subsec. (e).
Subsec. (g).
1994—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
"(2)(A) The Secretary shall conduct a full review of each designated Head Start agency at least once during each 3-year period, and shall determine whether each agency meets program and fiscal requirements established by the Secretary.
"(B) The Secretary shall conduct a review of each newly designated Head Start agency immediately after the completion of the first year such agency carries out a Head Start program.
"(C) The Secretary shall conduct followup reviews of Head Start agencies when appropriate."
Subsec. (c)(3).
"(A) to the maximum extent practicable, carry out such review by using employees of the Department of Health and Human Services who are knowledgeable about Head Start programs;
"(B) ensure that an employee of the Department of Health and Human Services who is knowledgeable about Head Start programs supervises such review at the site of such agency;
"(C) measure the compliance of the programs of such agency with the performance standards in effect under
"(D) identify the types and conditions of facilities in which such programs are located."
Subsec. (c)(4).
Subsec. (d).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(7).
Subsec. (d)(8), (9).
Subsecs. (f), (g).
1992—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(8), (9).
Subsec. (e).
Subsecs. (f), (g).
1990—Subsec. (c).
"(2) except that if there is no such agency because of any change in the assistance furnished to programs for economically disadvantaged persons, then the Secretary shall give priority in the designation of Head Start agencies to any successor agency which is operated in substantially the same manner as the predecessor agency which did receive funds in the fiscal year preceding the fiscal year for which the determination is made.
The provisions of clause (2) shall apply only to agencies actually operating Head Start programs."
Subsec. (d).
1984—Subsec. (a).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsecs. (d) to (f).
Effective Date of 2015 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by section 2(f)–(h) of
Effective Date of 1990 Amendment
Amendment by
Head Start Designation Renewal System
"Notwithstanding section 638 of the Head Start Act (
"(1) is required to make a determination under paragraph (6) of section 641(c) of such Act (
"(2) cannot make such determination in accordance with such schedule because the Secretary lacks any information described in any of subparagraphs (A) through (E) of section 641(c)(1) of such Act required for the purpose of making such determination;
then before December 31, 2020, the Secretary shall extend for not more than 2 years the 5-year period otherwise applicable to the designation of such Head Start agency under such Act [
§9836a. Standards; monitoring of Head Start agencies and programs
(a) Standards
(1) Content of standards
The Secretary shall modify, as necessary, program performance standards by regulation applicable to Head Start agencies and programs under this subchapter, including—
(A) performance standards with respect to services required to be provided, including health, parental involvement, nutritional, and social services, transition activities described in
(B) scientifically based and developmentally appropriate education performance standards related to school readiness that are based on the Head Start Child Outcomes Framework to ensure that the children participating in the program, at a minimum, develop and demonstrate—
(i) language knowledge and skills, including oral language and listening comprehension;
(ii) literacy knowledge and skills, including phonological awareness, print awareness and skills, and alphabetic knowledge;
(iii) mathematics knowledge and skills;
(iv) science knowledge and skills;
(v) cognitive abilities related to academic achievement and child development;
(vi) approaches to learning related to child development and early learning;
(vii) social and emotional development related to early learning, school success, and social problemsolving;
(viii) abilities in creative arts;
(ix) physical development; and
(x) in the case of limited English proficient children, progress toward acquisition of the English language while making meaningful progress in attaining the knowledge, skills, abilities, and development described in clauses (i) through (ix), including progress made through the use of culturally and linguistically appropriate instructional services;
(C) administrative and financial management standards;
(D) standards relating to the condition and location of facilities (including indoor air quality assessment standards, where appropriate) for such agencies, and programs, including regulations that require that the facilities used by Head Start agencies (including Early Head Start agencies and any delegate agencies) for regularly scheduled center-based and combination program option classroom activities—
(i) shall meet or exceed State and local requirements concerning licensing for such facilities; and
(ii) shall be accessible by State and local authorities for purposes of monitoring and ensuring compliance, unless State or local laws prohibit such access; and
(E) such other standards as the Secretary finds to be appropriate.
(2) Considerations regarding standards
In developing any modifications to standards required under paragraph (1), the Secretary shall—
(A) consult with experts in the fields of child development, early childhood education, child health care, family services (including linguistically and culturally appropriate services to non-English speaking children and their families), administration, and financial management, and with persons with experience in the operation of Head Start programs;
(B) take into consideration—
(i) past experience with use of the standards in effect under this subchapter on December 12, 2007;
(ii) changes over the period since October 27, 1998, in the circumstances and problems typically facing children and families served by Head Start agencies;
(iii) recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with
(iv) developments concerning research-based practices with respect to early childhood education and development, children with disabilities, homeless children, children in foster care, and family services, and best practices with respect to program administration and financial management;
(v) projected needs of an expanding Head Start program;
(vi) guidelines and standards that promote child health services and physical development, including participation in outdoor activity that supports children's motor development and overall health and nutrition;
(vii) changes in the characteristics of the population of children who are eligible to participate in Head Start programs, including country of origin, language background, and family structure of such children, and changes in the population and number of such children who are in foster care or are homeless children;
(viii) mechanisms to ensure that children participating in Head Start programs make a successful transition to the schools that the children will be attending;
(ix) the need for Head Start agencies to maintain regular communications with parents, including conducting periodic meetings to discuss the progress of individual children in Head Start programs; and
(x) the unique challenges faced by individual programs, including those programs that are seasonal or short term and those programs that serve rural populations;
(C)(i) review and revise as necessary the standards in effect under this subsection; and
(ii) ensure that any such revisions in the standards will not result in the elimination of or any reduction in quality, scope, or types of health, educational, parental involvement, nutritional, social, or other services required to be provided under such standards as in effect on December 12, 2007; and
(D) consult with Indian tribes, including Alaska Natives, experts in Indian, including Alaska Native, early childhood education and development, linguists, and the National Indian Head Start Directors Association on the review and promulgation of standards under paragraph (1) (including standards for language acquisition and school readiness).
(3) Standards relating to obligations to delegate agencies
In developing any modifications to standards under paragraph (1), the Secretary shall describe the obligations of a Head Start agency to a delegate agency to which the Head Start agency has delegated responsibility for providing services under this subchapter.
(b) Measures
(1) In general
The Secretary, in consultation with representatives of Head Start agencies and with experts in the fields of early childhood education and development, family services, and program management, shall use the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences and other relevant research to inform, revise, and provide guidance to Head Start agencies for utilizing, scientifically based measures that support, as appropriate—
(A) classroom instructional practices;
(B) identification of children with special needs;
(C) program evaluation; and
(D) administrative and financial management practices.
(2) Characteristics of measures
The measures under this subsection shall—
(A) be developmentally, linguistically, and culturally appropriate for the population served;
(B) be reviewed periodically, based on advances in the science of early childhood development;
(C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
(D) be valid and reliable in the language in which they are administered;
(E) be administered by staff with appropriate training for such administration;
(F) provide for appropriate accommodations for children with disabilities and children who are limited English proficient;
(G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised; and
(H) be adaptable, as appropriate, for use in the self-assessment of Head Start agencies, including in the evaluation of administrative and financial management practices.
(3) Use of measures; limitations on use
(A) Use
The measures shall be designed, as appropriate, for the purpose of—
(i) helping to develop the skills, knowledge, abilities, and development described in subsection (a)(1)(B) of children participating in Head Start programs, with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children's school readiness and later success in school;
(ii) improving classroom practices, including reviewing children's strengths and weaknesses and individualizing instruction to better meet the needs of the children involved;
(iii) identifying the special needs of children; and
(iv) improving overall program performance in order to help programs identify problem areas that may require additional training and technical assistance resources.
(B) Limitations
Such measures shall not be used to exclude children from Head Start programs.
(4) Confidentiality
(A) In general
The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information, and records collected or maintained under this subchapter by the Secretary and any Head Start agency. Such regulations shall provide the policies, protections, and rights equivalent to those provided to a parent, student, or educational agency or institution under
(B) Prohibition on nationwide database
Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on children resulting from the use of measures under this subsection.
(5) Special rule
(A) Prohibition
The use of assessment items and data on any assessment authorized under this subchapter by any agent of the Federal Government is prohibited for the purposes of—
(i) ranking, comparing, or otherwise evaluating individual children for purposes other than research, training, or technical assistance; and
(ii) providing rewards or sanctions for individual children or teachers.
(B) Results
The Secretary shall not use the results of a single assessment as the sole method for assessing program effectiveness or making agency funding determinations at the national, regional, or local level under this subchapter.
(c) Monitoring of local agencies and programs
(1) In general
To determine whether Head Start agencies meet standards described in subsection (a)(1) established under this subchapter with respect to program, administrative, financial management, and other requirements, and in order to help the programs identify areas for improvement and areas of strength as part of their ongoing self-assessment process, the Secretary shall conduct the following reviews of Head Start agencies, including the Head Start programs operated by such agencies:
(A) A full review, including the use of a risk-based assessment approach, of each such agency at least once during each 3-year period.
(B) A review of each newly designated Head Start agency immediately after the completion of the first year such agency carries out a Head Start program.
(C) Followup reviews, including—
(i) return visits to Head Start agencies with 1 or more findings of deficiencies, not later than 6 months after the Secretary provides notification of such findings, or not later than 12 months after such notification if the Secretary determines that additional time is necessary for an agency to address such a deficiency prior to the review; and
(ii) a review of Head Start agencies with significant areas of noncompliance.
(D) Other reviews, including unannounced site inspections of Head Start centers, as appropriate.
(2) Conduct of reviews
The Secretary shall ensure that reviews described in subparagraphs (A) through (C) of paragraph (1)—
(A) are conducted by review teams that—
(i) include individuals who are knowledgeable about Head Start programs and, to the maximum extent practicable, individuals who are knowledgeable about—
(I) other early childhood education and development programs, personnel management, financial accountability, and systems development and monitoring; and
(II) the diverse (including linguistic and cultural) needs of eligible children (including children with disabilities, homeless children, children in foster care, and limited English proficient children) and their families;
(ii) include, to the maximum extent practicable, current or former employees of the Department of Health and Human Services who are knowledgeable about Head Start programs; and
(iii) shall receive periodic training to ensure quality and consistency across reviews;
(B) include as part of the reviews, a review and assessment of program strengths and areas in need of improvement;
(C) include as part of the reviews, a review and assessment of whether programs have adequately addressed population and community needs (including those of limited English proficient children and children of migrant or seasonal farmworker families);
(D) include as part of the reviews, an assessment of the extent to which the programs address the communitywide strategic planning and needs assessment described in
(E) include information on the innovative and effective efforts of the Head Start agencies to collaborate with the entities providing early childhood and development services or programs in the community and any barriers to such collaboration that the agencies encounter;
(F) include as part of the reviews, a valid and reliable research-based observational instrument, implemented by qualified individuals with demonstrated reliability, that assesses classroom quality, including assessing multiple dimensions of teacher-child interactions that are linked to positive child development and later achievement;
(G) are conducted in a manner that evaluates program performance, quality, and overall operations with consistency and objectivity, are based on a transparent and reliable system of review, and are conducted in a manner that includes periodic interrater reliability checks, to ensure quality and consistency, across and within regions, of the reviews and of noncompliance and deficiency determinations;
(H) in the case of reviews of Early Head Start agencies and programs, are conducted by a review team that includes individuals who are knowledgeable about the development of infants and toddlers;
(I) include as part of the reviews a protocol for fiscal management that shall be used to assess compliance with program requirements for—
(i) using Federal funds appropriately;
(ii) using Federal funds specifically to purchase property (consistent with
(iii) securing and using qualified financial officer support; and
(iv) reporting financial information and implementing appropriate internal controls to safeguard Federal funds;
(J) include as part of the reviews of the programs, a review and assessment of whether the programs are in conformity with the eligibility requirements under
(K) include as part of the reviews, a review and assessment of whether agencies have adequately addressed the needs of children with disabilities, including whether the agencies involved have met the 10 percent minimum enrollment requirement specified in
(L) include as part of the reviews, a review and assessment of child outcomes and performance as they relate to agency-determined school readiness goals described in subsection (g)(2), consistent with subsection (b)(5).
(3) Standards relating to obligations to delegate agencies
In conducting a review described in paragraph (1)(A) of a Head Start agency, the Secretary shall determine whether the agency complies with the obligations described in subsection (a)(3). The Secretary shall consider such compliance in determining whether to renew financial assistance to the Head Start agency under this subchapter.
(4) Use of review findings
The findings of a review described in paragraph (1) of a Head Start agency shall, at a minimum—
(A) be presented to the agency in a timely, transparent, and uniform manner that conveys information of program strengths and weaknesses and assists with program improvement; and
(B) be used by the agency to inform the development and implementation of its plan for training and technical assistance.
(d) Evaluations and corrective action for delegate agencies
(1) Procedures
Each Head Start agency shall establish, subject to paragraph (4), procedures relating to its delegate agencies, including—
(A) procedures for evaluating delegate agencies;
(B) procedures for defunding delegate agencies; and
(C) procedures for a delegate agency to appeal a defunding decision.
(2) Evaluation
Each Head Start agency—
(A) shall evaluate its delegate agencies using the procedures established under this subsection; and
(B) shall inform the delegate agencies of the deficiencies identified through the evaluation that are required to be corrected.
(3) Remedies to ensure corrective actions
In the event that the Head Start agency identifies a deficiency for a delegate agency through the evaluation, the Head Start agency shall take action, which may include—
(A) initiating procedures to terminate the designation of the agency unless the agency corrects the deficiency;
(B) conducting monthly monitoring visits to such delegate agency until all deficiencies are corrected or the Head Start agency decides to defund such delegate agency; and
(C) releasing funds to such delegate agency—
(i) only as reimbursements except that, upon receiving a request from the delegate agency accompanied by assurances satisfactory to the Head Start agency that the funds will be appropriately safeguarded, the Head Start agency shall provide to the delegate agency a working capital advance in an amount sufficient to cover the estimated expenses involved during an agreed upon disbursing cycle; and
(ii) only if there is continuity of services.
(4) Termination
The Head Start agency may not terminate a delegate agency's contract or reduce a delegate agency's service area without showing cause or demonstrating the cost-effectiveness of such a decision.
(5) Rule of construction
Nothing in this subsection shall be construed to limit the powers, duties, or functions of the Secretary with respect to Head Start agencies or delegate agencies that receive financial assistance under this subchapter.
(e) Corrective action for Head Start agencies
(1) Determination
If the Secretary determines, on the basis of a review pursuant to subsection (c), that a Head Start agency designated pursuant to this subchapter fails to meet the standards described in subsection (a)(1) or fails to address the communitywide strategic planning and needs assessment, the Secretary shall—
(A) inform the agency of the deficiencies that shall be corrected and identify the assistance to be provided consistent with paragraph (3);
(B) with respect to each identified deficiency, require the agency—
(i) to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of Federal funds;
(ii) to correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or
(iii) in the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and
(C) initiate proceedings to terminate the designation of the agency unless the agency corrects the deficiency.
(2) Quality improvement plan
(A) Agency and program responsibilities
To retain a designation as a Head Start agency under this subchapter, or in the case of a Head Start program to continue to receive funds from such agency, a Head Start agency that is the subject of a determination described in paragraph (1), or a Head Start program that is determined to have a deficiency under subsection (d)(2) (excluding an agency required to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall—
(i) develop in a timely manner, a quality improvement plan that shall be subject to the approval of the Secretary, or in the case of a program, the sponsoring agency, and that shall specify—
(I) the deficiencies to be corrected;
(II) the actions to be taken to correct such deficiencies; and
(III) the timetable for accomplishment of the corrective actions specified; and
(ii) correct each deficiency identified, not later than the date for correction of such deficiency specified in such plan (which shall not be later than 1 year after the date the agency or Head Start program that is determined to have a deficiency received notice of the determination and of the specific deficiency to be corrected).
(B) Secretarial responsibility
Not later than 30 days after receiving from a Head Start agency a proposed quality improvement plan pursuant to subparagraph (A), the Secretary shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved.
(C) Agency responsibility
Not later than 30 days after receiving from a Head Start program a proposed quality improvement plan pursuant to subparagraph (A), the Head Start agency involved shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved.
(3) Training and technical assistance
The Secretary shall provide training and technical assistance to Head Start agencies and programs with respect to the development or implementation of such quality improvement plans to the extent the Secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities.
(f) Summaries of monitoring outcomes
(1) In general
Not later than 120 days after the end of each fiscal year, the Secretary shall publish a summary report on the findings of reviews conducted under subsection (c) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year.
(2) Report availability
Such report shall be made widely available to—
(A) parents with children receiving assistance under this subchapter—
(i) in an understandable and uniform format; and
(ii) to the extent practicable, in a language that the parents understand; and
(B) the public through means such as—
(i) distribution through public agencies; and
(ii) posting such information on the Internet.
(3) Report information
Such report shall contain detailed data—
(A) on compliance with specific standards and measures; and
(B) sufficient to allow Head Start agencies to use such data to improve the quality of their programs.
(g) Self-assessments
(1) In general
Not less frequently than once each program year, with the consultation and participation of policy councils and, as applicable, policy committees and, as appropriate, other community members, each Head Start agency, and each delegate agency, that receives financial assistance under this subchapter shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives and in implementing and complying with standards described in subsection (a)(1).
(2) Goals, reports, and improvement plans
(A) Goals
An agency conducting a self-assessment shall establish agency-determined program goals for improving the school readiness of children participating in a program under this subchapter, including school readiness goals that are aligned with the Head Start Child Outcomes Framework, State early learning standards as appropriate, and requirements and expectations of the schools the children will be attending.
(B) Improvement plan
The agency shall develop, and submit to the Secretary a report containing, an improvement plan approved by the governing body of the agency to strengthen any areas identified in the self-assessment as weaknesses or in need of improvement.
(3) Ongoing monitoring
Each Head Start agency (including each Early Head Start agency) and each delegate agency shall establish and implement procedures for the ongoing monitoring of their respective programs, to ensure that the operations of the programs work toward meeting program goals and objectives and standards described in subsection (a)(1).
(h) Reduction of grants and redistribution of funds in cases of underenrollment
(1) Definitions
In this subsection:
(A) Actual enrollment
The term "actual enrollment" means, with respect to the program of a Head Start agency, the actual number of children enrolled in such program and reported by the agency (as required in paragraph (2)) in a given month.
(B) Base grant
The term "base grant" has the meaning given the term in
(C) Funded enrollment
The term "funded enrollment" means, with respect to the program of a Head Start agency in a fiscal year, the number of children that the agency is funded to serve through a grant for the program during such fiscal year, as indicated in the grant agreement.
(2) Enrollment reporting requirement
Each entity carrying out a Head Start program shall report on a monthly basis to the Secretary and the relevant Head Start agency—
(A) the actual enrollment in such program; and
(B) if such actual enrollment is less than the funded enrollment, any apparent reason for such enrollment shortfall.
(3) Secretarial review and plan
The Secretary shall—
(A) on a semiannual basis, determine which Head Start agencies are operating with an actual enrollment that is less than the funded enrollment based on not less than 4 consecutive months of data;
(B) for each such Head Start agency operating a program with an actual enrollment that is less than its funded enrollment, as determined under subparagraph (A), develop, in collaboration with such agency, a plan and timetable for reducing or eliminating underenrollment taking into consideration—
(i) the quality and extent of the outreach, recruitment, and communitywide strategic planning and needs assessment conducted by such agency;
(ii) changing demographics, mobility of populations, and the identification of new underserved low-income populations;
(iii) facilities-related issues that may impact enrollment;
(iv) the ability to provide full-working-day programs, where needed, through funds made available under this subchapter or through collaboration with entities carrying out other early childhood education and development programs, or programs with other funding sources (where available);
(v) the availability and use by families of other early childhood education and development options in the community served; and
(vi) agency management procedures that may impact enrollment; and
(C) provide timely and ongoing technical assistance to each agency described in subparagraph (B) for the purpose of assisting the Head Start agency to implement the plan described in such subparagraph.
(4) Implementation
Upon receipt of the technical assistance described in paragraph (3)(C), a Head Start agency shall immediately implement the plan described in paragraph (3)(B). The Secretary shall, where determined appropriate, continue to provide technical assistance to such agency.
(5) Secretarial review and adjustment for chronic underenrollment
(A) In general
If, after receiving technical assistance and developing and implementing the plan as described in paragraphs (3) and (4) for 12 months, a Head Start agency is operating a program with an actual enrollment that is less than 97 percent of its funded enrollment, the Secretary may—
(i) designate such agency as chronically underenrolled; and
(ii) recapture, withhold, or reduce the base grant for the program by a percentage equal to the percentage difference between funded enrollment and actual enrollment for the program for the most recent year for which the agency is determined to be underenrolled under paragraph (3)(A).
(B) Waiver or limitation of reductions
The Secretary may, as appropriate, waive or reduce the percentage recapturing, withholding, or reduction otherwise required by subparagraph (A), if, after the implementation of the plan described in paragraph (3)(B), the Secretary finds that—
(i) the causes of the enrollment shortfall, or a portion of the shortfall, are related to the agency's serving significant numbers of highly mobile children, or are other significant causes as determined by the Secretary;
(ii) the shortfall can reasonably be expected to be temporary; or
(iii) the number of slots allotted to the agency is small enough that underenrollment does not create a significant shortfall.
(6) Redistribution of funds
(A) In general
Funds held by the Secretary as a result of recapturing, withholding, or reducing a base grant in a fiscal year shall be redistributed by the end of the following fiscal year as follows:
(i) Indian Head Start programs
If such funds are derived from an Indian Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Indian Head Start programs.
(ii) Migrant and seasonal Head Start programs
If such funds are derived from a migrant or seasonal Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more programs of the type from which such funds are derived.
(iii) Early Head Start programs
If such funds are derived from an Early Head Start program in a State, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Early Head Start programs in that State. If such funds are derived from an Indian Early Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Indian Early Head Start programs.
(iv) Other Head Start programs
If such funds are derived from a Head Start program in a State (excluding programs described in clauses (i) through (iii)), then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Head Start programs (excluding programs described in clauses (i) through (iii)) that are carried out in such State.
(B) Adjustment to funded enrollment
The Secretary shall adjust as necessary the requirements relating to funded enrollment indicated in the grant agreement of a Head Start agency receiving redistributed funds under this paragraph.
(
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (c)(2)(K), is title VI of
Amendments
2007—
1998—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(1)(B) to (E).
Subsec. (a)(2).
Subsec. (a)(2)(B)(iii).
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (b)(2)(C).
Subsec. (b)(3)(A).
Subsec. (b)(4), (5).
Subsec. (c)(1).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D), (E).
Subsec. (d)(1).
Subsec. (d)(1)(B).
"(i) to correct the deficiency immediately; or
"(ii) at the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and".
Subsec. (d)(2)(A).
Subsec. (e).
Effective Date
Section effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (
§9837. Powers and functions of Head Start agencies
(a) Authority
To be designated as a Head Start agency under this subchapter, an agency shall have authority under its charter or applicable law to receive and administer funds under this subchapter, funds and contributions from private or local public sources that may be used in support of a Head Start program, and funds under any Federal or State assistance program pursuant to which a public or private nonprofit or for-profit agency (as the case may be) organized in accordance with this subchapter, could act as grantee, contractor, or sponsor of projects appropriate for inclusion in a Head Start program. Such an agency shall also be empowered to transfer funds so received, and to delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities. The power to transfer funds and delegate powers shall include the power to make transfers and delegations covering component projects in all cases where this will contribute to efficiency and effectiveness or otherwise further program objectives.
(b) Family and community involvement; family services
To be so designated, a Head Start agency shall, at a minimum, do all the following to involve and serve families and communities:
(1) Provide for the regular and direct participation of parents and community residents in the implementation of the Head Start program, including decisions that influence the character of such program, consistent with paragraphs (2)(D) and (3)(C) of subsection (c).
(2) Seek the involvement of parents, community residents, and local business in the design and implementation of the program.
(3) Establish effective procedures—
(A) to facilitate and seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children; and
(B) to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level, including transportation assistance as appropriate.
(4) Offer (directly or through referral to local entities, public and school libraries, and entities carrying out family support programs) to such parents—
(A) family literacy services; and
(B) parenting skills training.
(5) Offer to parents of participating children substance abuse counseling (either directly or through referral to local entities), if needed, including information on the effect of drug exposure on infants and fetal alcohol syndrome.
(6) At the option of such agency, offer (directly or through referral to local entities) to such parents—
(A) training in basic child development (including cognitive, social, and emotional development);
(B) assistance in developing literacy and communication skills;
(C) opportunities to share experiences with other parents (including parent-mentor relationships);
(D) health services, including information on maternal depression;
(E) regular in-home visitation; or
(F) any other activity designed to help such parents become full partners in the education of their children.
(7) Provide, with respect to each participating family, a family needs assessment that includes consultation with such parents (including foster parents, grandparents, and kinship caregivers, where applicable), in a manner and language that such parents can understand (to the extent practicable), about the benefits of parent involvement and about the activities described in this subsection in which such parents may choose to be involved (taking into consideration their specific family needs, work schedules, and other responsibilities).
(8) Consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources.
(9) Perform community outreach to encourage individuals previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers.
(10)(A) Inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this subchapter about the availability of child support services for purposes of establishing paternity and acquiring child support.
(B) Refer eligible parents to the child support offices of State and local governments.
(11) Provide to parents of limited English proficient children outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand.
(12) Provide technical and other support needed to enable parents and community residents to secure, on their own behalf, available assistance from public and private sources.
(13) Promote the continued involvement of the parents (including foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in Head Start programs in the education of their children upon transition of their children to school, by working with the local educational agency—
(A) to provide training to the parents—
(i) to inform the parents about their rights and responsibilities concerning the education of their children; and
(ii) to enable the parents—
(I) to understand and work with schools in order to communicate with teachers and other school personnel;
(II) to support the schoolwork of their children; and
(III) to participate as appropriate in decisions relating to the education of their children; and
(B) to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations.
(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (
(15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with
(16) At the option of the Head Start agency, partner with an institution of higher education and a nonprofit organization to provide college students with the opportunity to serve as mentors or reading partners for Head Start participants.
(c) Program governance
Upon receiving designation as a Head Start agency, the agency shall 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. Such structure shall include the following:
(1) Governing body
(A) In general
The governing body shall have legal and fiscal responsibility for the Head Start agency.
(B) Composition
The governing body shall be composed as follows:
(i) Not less than 1 member shall have a background and expertise in fiscal management or accounting.
(ii) Not less than 1 member shall have a background and expertise in early childhood education and development.
(iii) Not less than 1 member shall be a licensed attorney familiar with issues that come before the governing body.
(iv) Additional members shall—
(I) reflect the community to be served and include parents of children who are currently, or were formerly, enrolled in Head Start programs; and
(II) are selected for their expertise in education, business administration, or community affairs.
(v) Exceptions shall be made to the requirements of clauses (i) through (iv) for members of a governing body when those members oversee a public entity and are selected to their positions with the public entity by public election or political appointment.
(vi) If a person described in clause (i), (ii), or (iii) is not available to serve as a member of the governing body, the governing body shall use a consultant, or an other individual with relevant expertise, with the qualifications described in that clause, who shall work directly with the governing body.
(C) Conflict of interest
Members of the governing body shall—
(i) not have a financial conflict of interest with the Head Start agency (including any delegate agency);
(ii) not receive compensation for serving on the governing body or for providing services to the Head Start agency;
(iii) not be employed, nor shall members of their immediate family be employed, by the Head Start agency (including any delegate agency); and
(iv) operate as an entity independent of staff employed by the Head Start agency.
(D) Exception
If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Head Start agency governing body, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (C)—
(i) such individual shall not be prohibited from serving on such body and the Head Start agency shall report such conflict to the Secretary; and
(ii) if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation.
(E) Responsibilities
The governing body shall—
(i) have legal and fiscal responsibility for administering and overseeing programs under this subchapter, including the safeguarding of Federal funds;
(ii) adopt practices that assure active, independent, and informed governance of the Head Start agency, including practices consistent with subsection (d)(1), and fully participate in the development, planning, and evaluation of the Head Start programs involved;
(iii) be responsible for ensuring compliance with Federal laws (including regulations) and applicable State, tribal, and local laws (including regulations); and
(iv) be responsible for other activities, including—
(I) selecting delegate agencies and the service areas for such agencies;
(II) establishing procedures and criteria for recruitment, selection, and enrollment of children;
(III) reviewing all applications for funding and amendments to applications for funding for programs under this subchapter;
(IV) establishing procedures and guidelines for accessing and collecting information described in subsection (d)(2);
(V) reviewing and approving all major policies of the agency, including—
(aa) the annual self-assessment and financial audit;
(bb) such agency's progress in carrying out the programmatic and fiscal provisions in such agency's grant application, including implementation of corrective actions; and
(cc) personnel policies of such agencies regarding the hiring, evaluation, termination, and compensation of agency employees;
(VI) developing procedures for how members of the policy council are selected, consistent with paragraph (2)(B);
(VII) approving financial management, accounting, and reporting policies, and compliance with laws and regulations related to financial statements, including the—
(aa) approval of all major financial expenditures of the agency;
(bb) annual approval of the operating budget of the agency;
(cc) selection (except when a financial auditor is assigned by the State under State law or is assigned under local law) of independent financial auditors who shall report all critical accounting policies and practices to the governing body; and
(dd) monitoring of the agency's actions to correct any audit findings and of other action necessary to comply with applicable laws (including regulations) governing financial statement and accounting practices;
(VIII) reviewing results from monitoring conducted under
(IX) approving personnel policies and procedures, including policies and procedures regarding the hiring, evaluation, compensation, and termination of the Executive Director, Head Start Director, Director of Human Resources, Chief Fiscal Officer, and any other person in an equivalent position with the agency;
(X) establishing, adopting, and periodically updating written standards of conduct that establish standards and formal procedures for disclosing, addressing, and resolving—
(aa) any conflict of interest, and any appearance of a conflict of interest, by members of the governing body, officers and employees of the Head Start agency, and consultants and agents who provide services or furnish goods to the Head Start agency; and
(bb) complaints, including investigations, when appropriate; and
(XI) to the extent practicable and appropriate, at the discretion of the governing body, establishing advisory committees to oversee key responsibilities related to program governance and improvement of the Head Start program involved.
(2) Policy council
(A) In general
Consistent with paragraph (1)(E), each Head Start agency shall have a policy council responsible for the direction of the Head Start program, including program design and operation, and long- and short-term planning goals and objectives, taking into account the annual communitywide strategic planning and needs assessment and self-assessment.
(B) Composition and selection
(i) The policy council shall be elected by the parents of children who are currently enrolled in the Head Start program of the Head Start agency.
(ii) The policy council shall be composed of—
(I) parents of children who are currently enrolled in the Head Start program of the Head Start agency (including any delegate agency), who shall constitute a majority of the members of the policy council; and
(II) members at large of the community served by the Head Start agency (including any delegate agency), who may include parents of children who were formerly enrolled in the Head Start program of the agency.
(C) Conflict of interest
Members of the policy council shall—
(i) not have a conflict of interest with the Head Start agency (including any delegate agency); and
(ii) not receive compensation for serving on the policy council or for providing services to the Head Start agency.
(D) Responsibilities
The policy council shall approve and submit to the governing body decisions about each of the following activities:
(i) Activities to support the active involvement of parents in supporting program operations, including policies to ensure that the Head Start agency is responsive to community and parent needs.
(ii) Program recruitment, selection, and enrollment priorities.
(iii) Applications for funding and amendments to applications for funding for programs under this subchapter, prior to submission of applications described in this clause.
(iv) Budget planning for program expenditures, including policies for reimbursement and participation in policy council activities.
(v) Bylaws for the operation of the policy council.
(vi) Program personnel policies and decisions regarding the employment of program staff, consistent with paragraph (1)(E)(iv)(IX), including standards of conduct for program staff, contractors, and volunteers and criteria for the employment and dismissal of program staff.
(vii) Developing procedures for how members of the policy council of the Head Start agency will be elected.
(viii) Recommendations on the selection of delegate agencies and the service areas for such agencies.
(3) Policy committees
Each delegate agency shall create a policy committee, which shall—
(A) be elected and composed of members, consistent with paragraph (2)(B) (with respect to delegate agencies);
(B) follow procedures to prohibit conflict of interest, consistent with clauses (i) and (ii) of paragraph (2)(C) (with respect to delegate agencies); and
(C) be responsible for approval and submission of decisions about activities as they relate to the delegate agency, consistent with paragraph (2)(D) (with respect to delegate agencies).
(d) Program governance administration
(1) Impasse policies
The Secretary shall develop policies, procedures, and guidance for Head Start agencies concerning—
(A) the resolution of internal disputes, including any impasse in the governance of Head Start programs; and
(B) the facilitation of meaningful consultation and collaboration about decisions of the governing body and policy council.
(2) Conduct of responsibilities
Each Head Start agency shall ensure the sharing of accurate and regular information for use by the governing body and the policy council, about program planning, policies, and Head Start agency operations, including—
(A) monthly financial statements, including credit card expenditures;
(B) monthly program information summaries;
(C) program enrollment reports, including attendance reports for children whose care is partially subsidized by another public agency;
(D) monthly reports of meals and snacks provided through programs of the Department of Agriculture;
(E) the financial audit;
(F) the annual self-assessment, including any findings related to such assessment;
(G) the communitywide strategic planning and needs assessment of the Head Start agency, including any applicable updates;
(H) communication and guidance from the Secretary; and
(I) the program information reports.
(3) Training and technical assistance
Appropriate training and technical assistance shall be provided to the members of the governing body and the policy council to ensure that the members understand the information the members receive and can effectively oversee and participate in the programs of the Head Start agency.
(e) Collaboration and coordination
To be so designated, a Head Start agency shall collaborate and coordinate with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to Head Start children and families, including carrying out the following activities:
(1) Conduct outreach to schools in which children participating in the Head Start program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness.
(2)(A) In communities where both a public prekindergarten program and a Head Start program operate, collaborate and coordinate activities with the local educational agency or other public agency responsible for the operation of the prekindergarten program and providers of prekindergarten, including outreach activities to identify eligible children.
(B) With the permission of the parents of children enrolled in the Head Start program, regularly communicate with the schools in which the children will enroll following the program, to—
(i) share information about such children;
(ii) collaborate with the teachers in such schools regarding professional development and instructional strategies, as appropriate; and
(iii) ensure a smooth transition to school for such children.
(3) Coordinate activities and collaborate with programs under the Child Care and Development Block Grant Act of 1990 [
(4) Take steps to coordinate activities with the local educational agency serving the community involved and with schools in which children participating in the Head Start program will enroll following the program, including—
(A) collaborating on the shared use of transportation and facilities, in appropriate cases;
(B) collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation of underserved populations of eligible children; and
(C) exchanging information on the provision of noneducational services to such children.
(5) Enter into a memorandum of understanding, not later than 1 year after December 12, 2007, with the appropriate local entity responsible for managing publicly funded preschool programs in the service area of the Head Start agency, that shall—
(A)(i) provide for a review of each of the activities described in clause (ii); and
(ii) include plans to coordinate, as appropriate, activities regarding—
(I) educational activities, curricular objectives, and instruction;
(II) public information dissemination and access to programs for families contacting the Head Start program or any of the preschool programs;
(III) selection priorities for eligible children to be served by programs;
(IV) service areas;
(V) staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development;
(VI) program technical assistance;
(VII) provision of additional services to meet the needs of working parents, as applicable;
(VIII) communications and parent outreach for smooth transitions to kindergarten as required in paragraphs (3) and (6) of
(IX) provision and use of facilities, transportation, and other program elements; and
(X) other elements mutually agreed to by the parties to such memorandum;
(B) be submitted to the Secretary and the State Director of Head Start Collaboration not later than 30 days after the parties enter into such memorandum, except that—
(i) where there is an absence of publicly funded preschool programs in the service area of a Head Start agency, this paragraph shall not apply; or
(ii) where the appropriate local entity responsible for managing the publicly funded preschool programs is unable or unwilling to enter into such a memorandum, this paragraph shall not apply and the Head Start agency shall inform the Secretary and the State Director of Head Start Collaboration of such inability or unwillingness; and
(C) be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year.
(f) Quality standards, curricula, and assessment
To be so designated, each Head Start agency shall—
(1) take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved in Head Start programs and build upon such gains in further schooling;
(2) establish a program with the standards set forth in
(3) implement a research-based early childhood curriculum that—
(A) promotes young children's school readiness in the areas of language and cognitive development, early reading and mathematics skills, socio-emotional development, physical development, and approaches to learning;
(B) is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation;
(C) is comprehensive and linked to ongoing assessment, with developmental and learning goals and measurable objectives;
(D) is focused on improving the learning environment, teaching practices, family involvement, and child outcomes across all areas of development; and
(E) is aligned with the Head Start Child Outcomes Framework developed by the Secretary and, as appropriate, State early learning standards;
(4) implement effective interventions and support services that help promote the school readiness of children participating in the program;
(5) use research-based assessment methods that reflect the characteristics described in
(6) use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in
(7) adopt, in consultation with experts in child development and with classroom teachers, an evaluation to assess whether classroom teachers have mastered the functions discussed in
(8) use the information provided from the assessment conducted under
(9) establish goals and measurable objectives for the provision of health, educational, nutritional, and social services provided under this subchapter and related to the program mission and to promote school readiness; and
(10) develop procedures for identifying children who are limited English proficient, and informing the parents of such children about the instructional services used to help children make progress towards acquiring the knowledge and skills described in
(g) Funded enrollment; waiting list
Each Head Start agency shall enroll 100 percent of its funded enrollment and maintain an active waiting list at all times with ongoing outreach to the community and activities to identify underserved populations.
(h) Technical assistance and training plan
In order to receive funds under this subchapter, a Head Start agency shall develop an annual technical assistance and training plan. Such plan shall be based on the agency's self-assessment, the communitywide strategic planning and needs assessment, the needs of parents and children to be served by such agency, and the results of the reviews conducted under
(i) Financial management
In order to receive funds under this subchapter, a Head Start agency shall document strong fiscal controls, including the employment of well-qualified fiscal staff with a history of successful management of a public or private organization.
(
References in Text
The Individuals with Disabilities Education Act, referred to in subsecs. (b)(14), (15), and (e)(3), is title VI of