U.S. Code Citation: 42 USC 9801 et seq.
HDS Regulations: 45 CFR 1301 et seq.
Legislative History:
The "Head Start Act" is Title VI, Subtitle A, Chapter 8, Subchapter
B of the Omnibus Budget Reconciliation Act of 1981,
PL 97-35 (8/13/81). Minor amendments to this Act were made by the "Technology-Related
Assistance for Individuals With
Disabilities Amendments of 1993," PL 103-218 (3/9/94). This Act was
most recently reauthorized, through fiscal year 1998, by Title I of the
Human Services Amendments of 1994, PL 103-252 (5/18/94)
Sec. 635. Short Title
Sec. 636. Statement of Purpose and Policy
Sec. 637. Definitions
Sec. 638. Financial Assistance for Head Start
Programs
Sec. 639. Authorization of Appropriations
Sec. 640. Allotment of Funds; Limitations on Assistance
Sec. 641. Designation of Head Start Agencies
Sec. 641A. Quality Standards; Monitoring of Head
Start Agencies and Programs
Sec. 642. Powers and Functions of Head Start Agencies
Sec. 643. Submission of Plans to Governors
Sec. 644. Administrative Requirements and
Standards
Sec. 645. Participation in Head
Start Programs
Sec. 645A. Programs for Families with
Infants and Toddlers
Sec. 646. Appeals, Notice, and Hearing
Sec. 647. Records and Audits
Sec. 648. Technical Assistance and
Training
Sec. 648A. Staff Qualifications and Development
Sec. 649. Research, Demonstrations and
Evaluation
Sec. 650. Reports
Sec. 653. Comparability of Wages
Sec. 654. Nondiscrimination
Provisions
Sec. 655. Limitation with. Respect
to Certain Unlawful Activities
Sec. 656. Political Activities
Sec. 657. Advance Funding
Sec. 657A. Consultation with the
Corporation for National and Community Service
Sec. 120. Study of Benefits for Read Start
Employees
Sec. 126. Study of Full-day and Full-year
Head Start Programs
Sec. 127 Effective Date and Application
Sec. 635. [42 U.S.C. 9801] This subchapter may be cited as the "Head Start Act".
Sec. 636. [42 U.S.C. 9831 note) (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.
Sec. 637. [42 U.S.C. 9832] For purposes of this subchapter:
(1) The term "Secretary" means the Secretary of Health and Human Services.
(2) The Term "State" means a State, the Commonwealth of Puerto Rico, the. District of Columbia,, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, Palau, and the Commonwealth of the Northern Mariana Islands.
(3) 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.
(4) The term "family literacy services" means services and activities that include interactive literacy activities between parents and their children, training for parents on techniques for being the primary teacher of their children and full partners in the education of their children, parent literacy training (including training in English as a second language), and early childhood education.
(5) The term "full-calendar-year" means all days of the year other than Saturday, Sunday, and a legal public holiday.
(6) The term "full-working-day" means not less than 10 hours per day.
(7) 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.
(8) 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.
(9) 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.
(10) 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 (43 U.S.C.1602(c)) or established pursuant to such Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and'services provided by the United States to Indians because of their status as Indians.
(11) The term "local educational agency" has the meaning given such term in the Elementary and Secondary Education Act of 1965.
(12) The term "migrant Head Start program" means a Head Start program that serves families who are engaged in agricultural work and who have changed their residence from one geographical location to another in the preceding 2—year period.
(13) 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.
(14) 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 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.
Sec. 638. [42 U.S.C. 9833] (a) The Secretary may, upon application by
an agency which is eligible for designation as a Head Start agency pursuant
to section 641, provide financial assistance to such agency for
the planning, conduct, administration and evaluation of a Head Start program
focused primarily upon the children from low-income families who have not
reached the age of compulsory school attendance which (1) will provide
such comprehensive health, education, parental involvement, nutritional,
social, and other services as will aid the children to attain their
full potential; and (2) will provide for direct participation of the parents
of such children in the development, conduct, and overall program direction
at the local level.
(b) For purposes of providing financial assistance under subsection
(a) of this section to agencies, the Secretary may not take into
consideration whether such agency applies for or receives funds under subchapter
E.
Sec. 639. [42 U.S.C. 9834] (a) There are authorized to be appropriated for carrying out the provisions of this subchapter sums as may be necessary for fiscal years 1995 through 1998. (b) From the amount appropriated under subsection (a), the Secretary shall make available--
- (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 section 642(d); and
Sec. 640. (42 U.S.C. 9835] (a) (1) Of the sums appropriated pursuant to section 639 for any fiscal year beginning after September 30, 1981, the Secretary shall allot such sums in accordance with paragraphs (2) through (4), and subject to paragraphs (5) and (6). (2) The Secretary shall reserve 13 percent of the amount appropriated for each fiscal year for use in accordance with the following order of priorities -
(A) Indian and migrant Head Start programs and services for handicapped children, except that there shall be made available for each fiscal year for use by Indian and migrant Head Start programs, on a nationwide basis, not less than the amount that was obligated for use by Indian and migrant Head Start programs for fiscal year 1994;No funds reserved under this paragraph or paragraph (3) may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter.
(B) payments to Guam, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, Palau, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands according to their respective needs, except that such amount shall not exceed one-half of 1 percent of the sums appropriated for any fiscal year;
(C) training and technical assistance activities which are sufficient to meet the needs associated with program expansion and to foster program and management improvement activities as described in section 648 of this subchapter, in an amount for each fiscal year which is not less than 2 percent of the amount appropriated for such fiscal year; and
(D) discretionary payments made by the Secretary (including payments for all costs (other than compensation of Federal employees) of reviews of Head Start agencies and programs under section 641A(c), and of activities related to the development and implementation of quality improvement plans under section 641A(d) (2)).
(3) (A) (i) In order to provide assistance for activities specified in subparagraph (C) directed at the goals specified in subparagraph (B), the Secretary shall reserve, from the amount (if any) by which the funds appropriated under section 639(a) for a fiscal year exceed the adjusted prior year appropriation, a share equal to the sum of-
(I) 25 percent of such excess amount; and(ii) As used in clause (i), the term "adjusted prior year appropriation" means, with respect to a fiscal year, the amount appropriated pursuant to section 639(a) for the preceding fiscal year, adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor Statistics) during such preceding fiscal year.
(II) any additional amount the Secretary may find necessary to address a demonstrated need for such activities.
(B) Funds reserved under this paragraph (referred to in this paragraph as "quality improvement funds") shall be used to accomplish any or all of the following goals:
(i) Ensuring that Head Start programs meet or exceed performance standards pursuant to section 641A(a) (1) (A).(C) Quality improvement funds shall be used to carry out any or all of the following activities:
(ii) Ensuring that such programs have adequate qualified staff, and that such staff are furnished adequate training, including developing skills in working with children with non—English language background, when appropriate.
(iii) Ensuring that salary levels and benefits are adequate to attract and retain qualified staff for such programs.
(iv) Using salary increases to improve staff qualifications, and to assist with the implementation of career development programs, for the staff of Head Start programs.
(v) Improving community-wide strategic planning and needs assessments for such programs.
(vi) Ensuring that the physical environments of Head Start programs are conducive to providing effective program services to children and families.
(vii) Making such other improvements in the quality of such programs as the Secretary may designate.
(i) (I) Not less than one-half of the amount reserved under this subparagraph, to improve the compensation (including benefits) of staff of Head Start agencies and thereby enhance recruitment and retention of such staff. The expenditure of funds under this clause shall be subject to section 653.(D) (i) Funds reserved under subparagraph (A) shall be allotted by the Secretary as follows:
(II) If a Head Start agency certifies to the Secretary for such fiscal year that part of the funds set aside under subclause (I) to improve wages cannot be expanded by such agency to improve wages because of the operation of section 653, then such agency may expend such part for any of the uses specified in the subparagraph (other than wages).
(ii) To pay transportation costs incurred by Head Start agencies to enable eligible children to participate in a Head Start program.
(iii) To employ additional Head Start staff, including staff necessary to reduce the child-staff ratio and staff necessary to coordinate a Head Start program with other services available to children participating in such program and to their families.
(iv) To pay costs incurred by Head Start agencies to purchase insurance (other than employee benefits) and thereby maintain or expand Head Start services.
(v) To make nonstructural and minor structural changes, and to acquire and install equipment, for the purpose of improving facilities necessary to expand the availability, or enhance the quality, of Head Start programs.
(vi) To supplement amounts provided under paragraph (2) (C) to provide training necessary to improve the qualifications of the staff of the Head Start agencies, and to support staff training, child counseling, and other services necessary to address the problems of children participating in Head Start programs, including children from dysfunctional families, children who experience chronic violence in their communities, and children who experience substance abuse in their families.
(vii) Such other activities as the Secretary may designate.
(I) 80 percent of such funds shall be allotted among the States in the same proportion as the Secretary allots funds among the States under paragraph (4) for the respective fiscal year.(ii) Funds allotted under clause (i) shall be used by the Secretary to make grants to Head Start agencies that receive grants from funds allotted under paragraph (4) for such fiscal year, in such amounts as the Secretary considers to be appropriate, for expenditure for activities specified in subparagraph (C).
(II) 20 percent of such funds shall be allotted among the States, geographical areas specified in subsection (a) (2) (B) and Indian and migrant Head Start programs, and used to make grants to Head Start agencies, at the discretion of the Secretary.
(iii) Funds received under this subparagraph shall be used to supplement, not to supplant, funds received under paragraphs (2) or (4).
(4) Subject to section 639(b), the Secretary shall allot the remaining amounts appropriated in each fiscal year among the States, in accordance with latest satisfactory data so that -
(A) each State receives an amount which is equal to the amount the State received for fiscal year 1981; and(5) (A) From amounts reserved and allotted pursuant to paragraph (4), the Secretary shall reserve such sums as may be necessary to award the collaboration grants described in subparagraph (B).
(B) (i) 33-1/3 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 program of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act in each State as compared to all States; and
(ii) 66-2/3 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.
(B) From the reserved sums, the Secretary may award a collaboration grant to each State to faoilitate collaboration regarding activities carried out in the State under this subchapter, and other activities carried out in, and by, the State that are designed to benefit low-income children and families.
(C) A State that receives a grant under subparagraph (B) shall-
- (i) appoint an individual to serve as a State liaison between-
- (I) agencies and individuals carrying out Head Start programs in the
State;
(II) agencies (including local educational agencies) and entities carrying out programs serving low-income children and families;
- (iii) ensure that the individual holds a position with sufficient authority
and access to ensure that the collaboration described in subparagraph (B)
is effective and involves a range of State agencies; and
- (iv) ensure that the collaboration described in subparagraph
(D) As used in this paragraph, the term "low-income", used with respect to children or families, shall not be considered to refer only to children or families that meet the low-income criteria prescribed pursuant to section 645(a) (1) (A).
(6) From amounts reserved and allotted pursuant to paragraphs (2) and (4), the Secretary shall use, for grants for programs described in section 645A(a), a portion of the combined total of such amounts equal to 3 percent for fiscal year 1995, 4 percent for each of fiscal years 1996 and 1997, and 5 percent for fiscal year 1998, of the amount appropriated pursuant to section 639(a).
(7) For purposes of this subsection, the term "State" does not include Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau..
(b) 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;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.
(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.
(c) 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.(2) For the purpose of expanding Head Start programs, in allocating funds to an applicant within a State, from amounts allotted to a State pursuant to subsection (a) (4), the Secretary shall take into consideration--
(d) The Secretary shall establish policies and procedures designed to assure that for fiscal year 1982 and thereafter no less than 10 percent of the total number of enrollment opportunities in Head Start programs in each State shall be available for children with disabilities (as defined in paragraph (1) of section 602 of the Education of the Handicapped Act) and that services shall be provided to meet their special needs.
(e) 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) The Secretary shall establish procedures to enable Head Start agencies to develop locally designed or specialized service delivery models to address local community needs.
(g) (1) If in any fiscal year, the amounts appropriated to carry out the program under this subchapter exceed the amount appropriated in the prior fiscal year, the Secretary shall, prior to using such additional funds to serve an increased number of children, allocate such funds in a manner that makes available the funds necessary to maintain the level of services provided during the prior year, taking into consideration the percentage change in the Consumer Price Index For All Urban Consumers, as published by the Bureau of Labor Statistics.
(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 performance standards and other requirements under this subchapter;(3) In determining the amount of funds reserved pursuant to subparagraph (A) or (B) of subsection (a) (2) 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).
(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 community-wide strategic planning and needs assessments involving other community organizations and public agencies serving children and families (including organizations serving families in whose homes English is not the language customarily spoken);
(D) the extent to which the family and community needs assessment of the applicant reflects a need to provide full— working—day or full-calendar-year services;
(E) the numbers of eligible children in each community who are not participating in a Head Start program; and
(F) the concentration of low-income families in each community.
(h) 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.(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 the date of enactment of the Human Services Amendments of 1994.
(i) 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.
(j) Any agency that receives financial assistance under this subchapter to improve the compensation of staff who provide services under this subchapter 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) (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 the date of enactment of the Human Services Amendments of 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.
(1) With funds made available under section 640(a) (2) to migrant Head Start programs, the Secretary shall give priority to migrant Head Start programs that serve eligible children of migrant families whose work requires them to relocate most frequently.
Sec. 641. [42 U.S.C. 9836] (a) The Secretary is authorized to designate as a Head Start agency any local public or private nonprofit agency, within a community, which (1) has the power and authority to carry out the purposes of this subchapter and perform the functions set forth in section 642 within a community; and (2) is determined by the Secretary to be capable of planning, conducting, administering, and evaluating, either directly or by other arrangements, a Head Start program.
(b) 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 area designated by the Bureau of Indian Affairs as near-reservation), or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a suitable organizational base and possesses the commonality of interest needed to operate a Head Start program.
(c) (1) In the administration of the provisions of this section (subject to paragraph (2)), the Secretary shall give priority in the designation of Head Start agencies to any local public or private nonprofit agency which is receiving funds under any Head Start program on the date of the enactment of this Act [August 13, 1981] unless the Secretary makes a finding that the agency involved fails to meet program, financial management, and other requirements established by the Secretary.
(2) If there is no agency of the type referred to in paragraph (1) because of any change in the assistance furnished to programs for economically disadvantaged persons, the Secretary shall give priority in the designation of Head Start agencies to any successor agency that is operating a Head Start program in substantially the same manner as the predecessor agency that did receive funds in the fiscal year preceding the fiscal year for which the determination is made.
(3) Notwithstanding any other provision of this subsection, the Secretary shall not give such priority to any agency with respect to which financial assistance has been terminated, or an application for refunding has been denied, under this subchapter by the Secretary after affording such agency reasonable notice and opportunity for a full and fair hearing in accordance with section 646(a) (3).
(d) If no entity in a community is entitled to the priority specified in subsection (c), then the Secretary may designate a Head Start agency from among qualified applicants in such community. 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-
(1) any past performance of such applicant in providing services comparable to Head Start services, including how effectively such applicant provided such comparable services;
(2) the plan of such applicant to provide comprehensive health, nutritional, educational, social, and other services needed to aid participating children in attaining their full potential;
(3) the plan of such applicant to coordinate the Head Start program it proposes to carry out, with other preschool programs, including Even Start programs under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.), and with the educational programs such children will enter at the age of compulsory school attendance;
(4) the plan of such applicant-
(A) to seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children;(5) the ability of such applicant to carry out the plans described in paragraphs (2), (3), and (4);
(B) to afford such parents the opportunity to participate in the development, conduct, and overall performance of the program at the local level;
(C) to offer (directly or through referral to local entities, such as entities carrying out Even Start programs under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.), public and school libraries, and family support programs) to such parents--(i) family literacy services; and(D) at the option of such applicant, to offer (directly or through referral to local entities) to such parents-
(ii) parenting skills training;(i) training in basic child development;(E) to provide, with respect to each participating family, a family needs assessment that includes consultation with such parents about the benefits of parent involvement and about the activities described in subparagraphs (C) and (D) in which such parents may choose to become involved (taking into consideration their specific family needs, work schedules, and other responsibilities);
(ii) assistance in developing communication skills;
(iii) opportunities for parents to share experiences with other parents;
(iv) substance abuse counseling; or
(v) any other activity designed to help such parents become full partners in the education of their children; and
(6) other factors related to the requirements of this subchapter;
(7) the plan of such applicant to meet the needs of non-English language background children and their families in the community; and
(8) the plan of such applicant who chooses to assist younger siblings of children who will participate in the proposed Head Start program to obtain health services from other sources.
(e) If, in a community served by a Head Start program, there is no applicant qualified for designation as a Head Start agency to carry out such program, the Secretary may appoint an interim grantee to carry out such program until a qualified applicant is so designated.
(f) The Secretary shall require that the practice of significantly involving parents and area residents affected by the program in selection of Head Start agencies be continued.
(l) ESTABLISHMENT OF STANDARDS.-- The Secretary shall establish by regulation standards applicable to Head Start agencies, programs, and projects under this subchapter, including-
(A) performance standards with respect to services required to be provided, including health, education, parental involvement, nutritional, social, transition activities described in section 642(d), and other services;(2) MINIMUM REQUIREMENTS.-- The regulations promulgated under this subsection shall establish the minimum levels of overall accomplishment that a Head Start agency shall achieve in order to meet the standards specified in paragraph Cl).
(B) administrative and financial management standards;
(C) standards relating to the condition and location of facilities for such agencies, programs, and projects; and
(D) such other standards as the Secretary finds to be appropriate.
(3) CONSIDERATIONS IN DEVELOPING STANDARDS.-- In developing the regulations required under paragraph Cl), the Secretary shall
(A) consult with experts in the fields of child development, early childhood education, family services (including linguistically and culturally appropriate services to non-English language background children and their families), administration, and financial management, and with persons with experience in the operation of Head Start programs;(4) STANDARDS RELATING TO OBLIGATIONS TO DELEGATE AGENCIES.- In developing standards under this subsection, the Secretary shall describe the obligations of a Head Start agency to an agency (referred to in this subchapter as the 'delegate agency') to which the Head Start agency has delegated responsibility for providing services under this subchapter and determine whether the Head Start agency compiles with the standards. The Secretary shall consider such compliance during the review described in subsection (c) (1) (A) and in determining whether to renew financial assistance to the Head Start agency under this subchapter.
(B) take into consideration-(i) past experience with use of the standards in effect on the date of enactment of this section;(C) (i) not later than one year after the date of enactment of this section, review and revise as necessary the performance standards in effect under 651(b) on the date of enactment of this section; and
(ii) changes over the period since the date of enactment of this Act in the circumstances and problems typically facing children and families served by Head Start agencies;
(iii) developments concerning best practices with respect to child development, children with disabilities, family services, program administration, and financial management;
(iv) projected needs of an expanding Head Start program;
(v) guidelines and standards currently in effect or under consideration that promote child health services and projected needs of expanding Head Start programs;
(vi) changes in the population of children who are eligible to participate in Head Start programs, including the language background and family structure of such children; and
(vii) the need for, and state-of-the-art developments relating to, local policies and activities designed to ensure that children participating in Head Start programs make a successful transition to public schools; and(ii) ensure that any such revisions in the performance standards will not result in the elimination of or any reduction in the scope or types of health, education, parental involvement, nutritional, social, or other services required to be provided under such standards as in effect on November 2, 1978.
(b) PERFORMANCE MEASURES.-
(1) IN GENERAL.-- Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with representatives of Head Start agencies and with experts in the fields of child development, family services, and program management, shall develop methods and procedures for measuring, annually and over longer periods, the quality and effectiveness of programs operated by Head Start agencies (referred to in this subchapter as "performance measures").
(2) DESIGN OF MEASURES.-- The performance measures developed under this subsection shall be designed-
(A) to assess the various services provided by Head Start programs and, to the extent the Secretary finds appropriate,administrative and financial management practices of such programs;(3) USE OF MEASURES. The Secretary shall use the performance measures developed pursuant to this subsection-
(B) to be adaptable for use in self-assessment and peer review of individual Head Start agencies and programs; and
(C) for other program purposes as determined by the Secretary.
(A) to identify strengths and weaknesses in the operation of Head Start programs nationally and by region; and(1) IN GENERAL.-- In order to determine whether Head Start agencies meet standards established under this subchapter with respect to program, administrative, financial management, and other requirements, the Secretary shall conduct the following reviews of designated Head Start agencies, and of the Head Start programs operated by such agencies:
(B) to identify problem areas that may require additional training and technical assistance resources.
(c) MONITORING OF LOCAL AGENCIES AND PROGRAMS.-
(A) A full review of each such agency at least once during each 3-year period.(2) CONDUCT OF REVIEWS.-- The Secretary shall ensure that reviews described in subparagraphs (A) through (C) of paragraph (1)--
(B) A review of each newly designated agency immediately after the completion of the first year such agency carries out a Head Start program.
(C) Follow-up reviews including prompt return visits to agencies and programs that fail to meet the standards.
(D) Other reviews as appropriate.
(A) are performed, to the maximum extent practicable, by employees of the Department of Health and Human Services who are knowledgeable about Head Start programs;(1) DETERMINATION.-- If the Secretary determines, on the basis of a review pursuant to subsection (c), that a Head Start agency designated pursuant to section 641 fails to meet the standards described in subsection (a), the Secretary shall--
(B) are supervised by such an employee at the site of such Head Start agency; and
(C) are conducted by review teams that shall include individuals who are knowledgeable about Head Start programs and, to the maximum extent practible, the diverse (including linguistic and cultural) needs of eligible children and their families.
(D) CORRECTIVE ACTION; TERMINATION.-
(A) inform the agency of the deficiencies that shall be corrected;(2) QUALITY IMPROVEMENT PLAN. --
(B) with respect to each identified deficiency, require the agency-(i) to correct the deficiency immediately; or(C) initiate proceedings to terminate the designation of the agency unless the agency corrects the deficiency.
(ii) at the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the timereasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and
(A) AGENCY RESPONSIBILITIES.-- In order to retain designation as a Head Start agency under this subchapter, a Head Start agency that is the subject of a determination described in paragraph (1) (other than an agency able to correct a deficiency immediately) shall--
(i) develop in a timely manner, obtain the approval of the Secretary regarding, and implement a quality improvement plan that specifies-(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.(ii) eliminate each deficiency identified, not later than the date for elimination of such deficiency specified in such plan (which shall not be later than 1 year after the date the agency received notice of the determination and of the specific deficiency to be corrected).(I) the deficiencies to be corrected;
(II) the actions to be taken to correct such deficiencies; and
(III) the timetable or accomplishment of the corrective actions specified; and
(3) TRAINING AND TECHNICAL ASSISTANCE.-- The Secretary shall provide training and technical assistance to Head Start agencies 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.
(e) SUMMARIES OF MONITORING OUTCOMES.-- 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 (a) and on the outcomes of quality improvement plans under subsection (d), during such fiscal year.
(b) In order to be so designated, a Head Start agency shall also-
(1) establish effective procedures by which parents and area residents concerned will be enabled to directly participate in decisions that influence the character of programs affecting their interests;
(2) provide for their regular participation in the implementation of such programs;
(3) provide technical and other support needed to enable parents and area residents to secure on their own behalf available assistance from public and private sources;
(4) seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children, and to afford such parents the opportunity to participate in the development, conduct, and overall performance of the program at the local level;
(5) offer (directly or through referral to local entities, such as entities carrying out Even Start programs under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.)), to parents of participating children, family literacy services and parenting skills training;
(6) at the option of such agency, offer (directly or through referral to local entities), to such parents-(A) training in basic child development;(7) provide, with respect to each participating family, a family needs assessment that includes consultation with such parents about the benefits of parent involvement and about the activities described in paragraphs (4) through (6) in which such parents may choose to be involved (taking into consideration their specific family needs, work schedules, and other responsibilities);
(B) assistance in developing communication skills;
(C) opportunities to share experiences with other parents;
(D) substance abuse counseling;
(E) regular in-home visitation; or
(F) any other activity designed to help such parents become full partners in the education of their children;
(8) consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources; and
(9) perform community outreach to encourage individuals previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers.
(c) The head of each Head Start agency shall coordinate with the State agency responsible for administering section 402(g) of the Social Security Act, and other programs, including Even Start programs under part B of chapter 1 of title I of the Elementary and Secondary EducatiOn Act of 1965 (20 U.S.C. 2741 et seq.), serving the children and families served by the Head Start agency to carry out the provisions of this subchapter.
(d) (1) Each Head Start agency shall carry out the actions specified in this subsection, to the extent feasible and appropriate in the circumstances (including the extent to which such agency is able to secure the cooperation of parents and schools) to enable children to maintain the developmental gains achieved in Head Start programs and to build upon such gains in further schooling.
(2) The Head Start agency shall take steps to coordinate with the local educational agency serving the community involved and with schools in which children participating in a Head Start program operated by such agency will enroll following such program, including--
(A) developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which such child will enroll;(3) A Head Start agency may take steps to coordinate with the local education agency serving the community involved and with schools in which children participating in a Head Start program operated by such agency will enroll following such program, including-
(B) establishing channels of communication between Head Start staff and their counterparts in the schools (including teachers, social workers, and health staff) to facilitate coordination of programs;
(C) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start program teachers to discuss the developmental and other needs of individual children;
(D) organizing and participating in joint transition-related training of school staff and Head Start staff.
(A) collaborating on the shared use of transportation and facilities; and(4) In order to promote the continued involvement of parents of children that participate in Head Start programs in the education of their children upon transition to school, the Head Start agency shall-
(B) exchanging information on the provision of noneducational services to such children.
(A) provide training to the parents-(5) The Secretary, in cooperation with the Secretary of Education, shall--
(i) to inform the parents about their rights and responsibilities concerning the education of their children; and(B) take other actions, as appropriate and feasible, to support the active involvement of parents with schools, school personnel, and school-related organizations.
(ii) to enable the parents to understand and work with schools in order to communicate with teachers and other school personnel, to support the school work of their children, and to participate as appropriate in decisions relating to the education of their children; and
(A) evaluate the effectiveness of the projects and activities funded under the Head Start Transition Project Act (42 U.S.C. 9855 et seq.);
(B) disseminate to Head Start agencies information (including information from the evaluation required by subparagraph (A)) on effective policies and activities relating to the transition of children from Head Start programs to public schools; and
(C) provide technical assistance to such agencies to promote and assist such agencies to adopt and implement such effective policies and activities.