2. UNDERSTANDING HEAD START COMPLIANCE ISSUES

Head Start facilities must meet certain program, legal, and public access requirements. This chapter discusses compliance with Head Start Program Performance Standards; with local, State, and Federal laws; and with accessibility regulations, and discusses the effect compliance may have on Head Start facilities and facilities design.

Meeting Head Start Program Performance Standards

The Head Start Program Performance Standards set the basic requirements that Head Start programs must meet. The Standards were first issued in 1975; they have been modified and expanded several times since then, most recently in 1993. The Standards are comprehensive, they address each component of the Head Start program, and they have implications for facilities.

The Standards call for "... a physical environment conducive to learning and reflective of the different stages of development of the children... For center based programs, space shall be organized into functional areas recognized by the children, and space, light, ventilation, heat, and other physical arrangements must be consistent with the health, safety, and developmental needs of the children. To comply with this standard:

1. There shall be a safe and effective heating system;
2. No highly flammable furnishings or decorations shall be used;
3. Flammable and other dangerous materials and potential poisons shall be stored in locked cabinets or storage facilities accessible only to authorized persons;
4. Emergency lighting shall be available in case of power failure;
5. Approved, working fire extinguishers shall be readily available;
6. Indoor and outdoor premises shall be kept clean and free, on a daily basis, of undesirable and hazardous material and conditions;
7. Outdoor play areas shall be made so as to prevent children from leaving the premises and getting into unsafe and unsupervised areas;
8. Paint coatings in premises used for care of children shall be determined to assure the absence of a hazardous quantity of lead;
9. Rooms shall be well lighted;
10. A source of water approved by the appropriate local authority shall be available to the facility; and adequate toilets and hand washing facilities shall be available and easily reached by children;
11. All sewage and liquid wastes shall be disposed of through a sewer system approved by an appropriate, responsible authority, and garbage and trash shall be stored in a safe and sanitary manner until collected;
12. There shall be at least 35 square feet of indoor space per child available for the care of children (i. e. exclusive of bathrooms, halls, kitchen, and storage places). There shall be at least 75 square feet per child outdoors; and
13. Adequate provisions shall be made for handicapped children to ensure their safety and comfort."

The performance Standards also specify that "... equipment and materials shall be:

1. Consistent with the specific educational objectives of the local program;
2. Consistent with. the cultural and ethnic background of the children;
3. Geared to the age, ability, and developmental needs of the children;
4. Safe, durable, and kept in good condition;
5. Stored in a safe and orderly fashion when not in use;
6. Accessible, attractive, and inviting to the children; and
7. Designed to provide a variety of learning experiences and to encourage experimentation and exploration."

Other elements of the Performance Standards that have implications for facilities are provisions on providing opportunities for parents to participate in skills-development activities and training, and on providing counseling and other social services to families. In addition, Head Start programs are expected to offer to parents of participating children, family literacy services and training to provide the continued involvement in the education of their children upon transition to school. Head Start programs are also encouraged to offer training in child development, assistance in developing communications skills, opportunities to share experiences with other parents, and substance abuse counseling. {Section 642 (b) of the Head Start Act.} Because of these provisions, additional space to locate staff and services for other community programs may be needed.

The facilities assessment team and others interested in Head Start facilities requirements are urged to consult the Performance Standards and the Head Start Act for more details. The Standards and the Head Start Act are available from ACF Regional Offices and the Head Start Bureau.

At the end of this chapter there is a checklist for Quality Head Start Facilities. This checklist can be used to assess a program's compliance with the Performance Standards.

Meeting Other Legal Requirements

Head Start facilities must meet a number of legal requirements, including licensing and zoning requirements, fire, health and safety regulations, and laws regarding environmental hazards.

Licensing and Zoning Requirements

Head Start facilities must meet applicable State and local licensing requirements. While these requirements vary widely among communities, they usually include;

• Child-staff ratios;
• Indoor and outdoor space requirements;
• Toilet facilities;
• Supervision of children;
• Safeguards to prevent child abuse and neglect;
• Exits, including, fire doors and exterior access classroom doors;
• Sprinkler systems; and
• Other design requirements.

Head Start facilities also must meet zoning regulations, which may restrict land use. In many communities, Head Start centers must meet the same requirements as preschools or child care centers. In other communities, special provisions or exceptions may apply. Consult your local officials for further guidance about licensing and zoning regulations.

Meeting Fire, Health, and Safety Regulatlons

Fire: Head Start facilities must meet State and local fire safety codes and regulations. Each facility must have approved, working fire extinguishers readily available, and staff and other adults participating in the program should be able to locate and properly operate the fire extinguishers. Flammable materials should be kept out of Head Start buildings or be properly stored. Regular fire drills should be held, and there should be an emergency evacuation plan posted in each room.

Head Start programs should consult fire safety officials about the following:

• The basic materials and construction criteria for a "fire resistant" building;
• Fire and smoke barriers and other safeguards for older buildings;
• Fire doors, exit markings, emergency lighting, alarm systems and other safety features;
• Installation and testing of fire alarms, smoke detectors sprinkler systems, and other fire suppression systems; and,
• A fire evacuation plan which includes guidelines for staff and fire fighters to follow in evacuating persons with disabilities; infants and toddlers; older adults; preschool children; and others.

Health: Head Start facilities must conform to all applicable State and local health codes and regulations and to the applicable provisions in the Head Start performance standards. The following have implications for facilities planners:

• Centers should be well-lighted and properly ventilated;
• Temperature should be regulated so that classrooms are neither too hot nor too cold for the children's comfort and well being;
• If food is prepared at the center, all requirements for nutrition and food service should be met. If food is prepared at another approved facility, it must be transported to the center in sanitary containers and maintained at appropriate temperatures;
• Facilities should be cleaned regularly, carpets and rugs should be clean and bacteria ftee, and rooms should be odor free;
• There should be an isolation area for sick children; and
• There should be no smoking in Head Start facilities.

Safety: Head Start facilities must comply with State and local safety regulations and with the Head Start Program Performance Standards for safety. Facilities design should include:

• A well-equipped First Aid Kit in a handy location;
• Locked storage, inaccessible to children, for cleaning supplies and other toxic materials;
• Storing electrical appliances; cords, and outlets placed out of children's reach;
• Safety covers or protective caps on electrical outlets;
• Water temperature below 110 degrees Fahrenheit to prevent scalding;
• No lead paint or asbestos;
• A safe playground;
• Outdoor lighting around the center and on the playground;

In addition to the Federal, State, and local standards typically required, the following safety features should be considered: monitoring window, low partitions, and security mirrors in bathrooms, lofts, storage areas, and corridors with restricted views in order to enhance supervision of small children.

Environmental Regulations: Head Start programs must meet applicable federal, regional, state, and local environmental regulations for existing and new facilities. Meeting these regulations may require radon testing, soil testing, environmental study and clean-up, or the removal of materials such as asbestos or underground oil tanks. In such cases, it is advisable to rely on specialists to do the work. Any Head Start program planning new construction or extensive renovation should consider hiring an environmental special ist to determine whether the facility and the immediate neighborhood are free of environmental hazards, and if hazards are discovered, to advise corrective action. Head Start grantees planning to use grant funds to build, purchase, or renovate a facility should contact their state and local environmental services offices about environmental assessment requirements. Head Start programs in areas that are vulnerable to natural disasters, such as hurricanes, tornadoes, and earthquakes, may be required to meet special construction provisions. They also may be required to have emergency evacuation plans. These programs should consult with architects experienced in designing facilities that are "disaster resistant" to be certain the facility they are planning will meet the regulations. Head Start programs that utilize mobile and modular facilities should give special consideration to this issue.

For more information on disaster preparedness, contact the specialists at the Federal Emergency Management Agency. Send your request, to:

Federal Emergency Management Agency
Washington, DC 20472

Meeting Accessibility Requirements

Head Start programs and facilities must be accessible to children, their families, staff, and others. This access extends to individuals with disabilities. Under Head Start funding regulations, elimination of architectural barriers that affect the participation of children and adults with disabilities, and renovation of space and facilities to ensure the safety of children, are allowable costs.

Accessibility does not mean that every Head Start building or every part of a building must be physically accessible, but that the program services as a whole are accessible. Structural changes to make the program services available are required, if alternatives, such as reassignment of classes or moving activities to other rooms, are not possible. Program funds may be used for widening entrances, installing ramps, remodeling restrooms, or other modifications, and for equipment (including accessible vehicles) needed to make program services accessible.

Four laws include provisions that have major implications for Head Start facilities:

1. The Head Start Act, which mandates that at least 10 percent of program enrollment opportunities be made available for children with professionally diagnosed disabilities;
2. The Individuals with Disabilities Education Act (IDEA), which lowered the age of eligibility for special education and related services for children to age three and established a special Infants and Toddlers Program;
3. Section 504 of the Rehabilitation Act of 1973, which is Federal nondiscrimination legislation; and
4. The Americans with Disabilities Act (ADA),- also Federal non-discrimi nation legislation, provides comprehensive civil rights protection to individuals with disabilities.

The Head Start Act

The Head Start program serves children with the full range of disabilities. It is one of the few inclusionary settings for preschool children with disabilities, and it likely will serve rising proportions of children with severe disabilities in the future.

Head Start's revised eligibility criteria for serving children with disabilities, as published in the Federal Register on January 21, 1993 (45 CFR Parts 1304, 1305 and 1308), are consistent with the criteria of the Individuals with Disabilities Education Act (IDEA), including Section 504 of the Rehabilitation Act of 1973, in order to facilitate the transition of children and families from Head Start to the public schools. See ACYF Information Memorandum, ACYF-IM-93-06, February 17, 1993, for the Final Rule on Head Start Ser vices for Children with Disabilities.

IDEA

Major provisions of the IDEA that affect Head Start are:

• All children with disabilities, regardless of the severity of their condition, are entitled to receive a free appropriate public education;
• Education and special services will be based upon a complete and individual assessment and evaluation of the child's condition;
• An Individualized Education Plan (TEP) or Individualized Family Service Plan (IFSP) will be developed for every child eligible for special education or early intervention services and will specify what types of services each infant, toddler, or preschooler will receive; and
• To the maximum extent, each child with education will be included in the least restrictive environment; i.e., the environment provided for children without disabilities.

Head Start planners should be familiar with the following, which may apply to their programs:

• Forrmal agreements between Head Start programs and State and local education agencies to provide coordinated services to children with disabilities;
• Direct funding from State and local education agencies to Head Start programs to support special education or related services to children with disabilities. These funds also-can be used to modify facilities to ensure access.
• Requirements that Head Start classrooms in the public schools provide services to children with disabilities in a similar fashion to other preschool programs run by the school system under the IDEA;
• Section H of IDEA, which may affect participants in Parent Child Centers, migrant programs, and other Head Start programs serving infants and toddlers; and
• Legislative requirements that affect other early childhood programs that that may have a bearing on facilities planning and development, including the selection of neighborhoods in which Head Start might locate centers.

Section 504 of the Rehabilitation Act of 1973

The provisions of, Section 504 of the Rehabilitation Act of 1973 apply to children served by Head Start. This means that Head Start services to children with disabilities are subject to the requirements of this legislation in addition to the Head Start Act. The following are among the requirements:

• Admissions policies, program brochures, and waiting list procedures may not intentionally or unintentionally exclude or discriminate against children with disabilities;
• Head Start programs may not deny admission to a child with disabilities for the reason that to do so would lead to an increase in their insurance rates or a cancellation of their coverage. (Note: Head Start programs would need to obtain insurance coverage from a different provider in such situations.)
• Head Start may not require toileting skills as a condition for enrollment.
• Children with disabilities must be included in all program activities (e. g., playground activities, art projects, and field trips).
• Head Start cannot deny admission to an eligible child with disabilities for whom Head Start is an appropriate placement according to the child's IEP.
  

ADA

ADA requirements apply equally to family members, staff, and other individuals who come in contact with Head Start. In the past, to the extent that the needs of disabled individuals were taken into account in Head Start facilities planning, it was usually the best interests of the children that were considered. Under the ADA, facilities planning must take into account all persons with disabilities, adults as well as children. Relevant provisions include the following:

• Construction of new facilities and renovation of existing facilities must be in accord with the ADA Accessibility Guidelines;
• Architectural and structural communications barriers must be removed where readily achievable (that is, where this can be done without great difficulty or expense). In determining whether barrier removal is feasible, the Head Start program should consider the nature of the action needed, the cost, and overall program financial resources;
• If barrier removal is not feasible, alternate methods must be pursued;
• When alterations to primary function areas are made, there must be an accessible path of travel to the altered areas (including bathrooms and drinking fountains);
• If a Head Start program employs 15 or more persons, the program may not discriminate in hiring or promotion of an individual with disabilities if the person is otherwise qualified. This does not prevent Head Start programs from assessing the applicant's ability to pefform the essential elements of the job (such as being able to get children out of a building during a fire or keeping up with physically active preschoolers). However, Head Start programs may deny employment to staff who pose a risk to the health and safety of children or other staff; and
• Head Start programs that own their own facilities are responsible for compliance with the ADA, including bearing the expenses of appropriate modifications of facilities. For Head Start programs that lease their facilities, responsibility for ADA compliance, and for modifications of facilities and barrier removal, should be negotiated in the lease.
  

Program Issues

Facilities planners should keep in mind the following program issues as they design their centers:

• Each child with diagnosed disabilities must be provided with an individualized education program (IEP) that specifies the education and related services that will be provided to that child;
• Programs should provide services in the least restrictive environment. It is ideal if a child can be included in the full program with modification of some of the small group, large group, or individual program activities to meet his or her special needs. The term least restrictive environment means an environment in which services to children with disabilities are provided:
  • to the maximum extent appropriate with children who are not disabled; and in which
  • special classes or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily;
  • Children with physical disabilities should have chairs and other pieces of furniture as they grow of the correct size and type for their individual needs.

Each Head Start program must have a disability services plan to meet the special needs of children with disabilities and their parents. The plan must include assurances of accessibility of facilities, and plans, if needed, to provide appropriate special furniture, equipment, and material.

No Head Start eligible child can be deprived of the opportunity to
enroll in Head Start because of inaccessible facilities.

For more information, see ACYF Information Memorandum, ACYF-IM-93 06, February 17, 1993, for the Final Rule on Head Start Services for Children with Disabilities.

NOTE: The United States Architectural and Transportation Barriers Compliance Board is developing regulations which will contain design requirements which specifically address access for children. When these regulations are promulgated, Head Start, school, and other facilities primarily servicing children, will be expected to comply with these regulations.

WORKSHEET #3 - CHECKLIST FOR QUALITY HEAD START FACILITIES


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