Head Start Reauthorization Related Questions and Answers

May the required parental consent for non-emergency intrusive physical examinations required by sec. 657A of the Head Start Act be obtained as part of a blanket permission at the time of the application for Head Start services?

What are the membership requirements of the governing body?

Are tribal governments exempt or excluded from the governing body composition requirements?

Concerning the new requirements for Board Members, what constitutes a background and expertise? Do they have to have a Bachelor degree in the area or work experience or what?

Are “homeless children” eligible for Head Start?

What is the definition of “homeless children”?

What kinds of pay and allowances of members of the uniformed services are not counted for purposes of determining the eligibility of dependents for Head Start programs?

Am I to understand then that a 3-year-old who is income eligible (below poverty) would automatically have priority over a 4-year-old who falls into the 130% category?
If, as determined by the agency’s priority point system, an over-income child has more points than an income-eligible child then does an income-eligible child automatically have priority above the over-income child despite the points? (Assuming, of course, that the point system assigns higher points to children who meet poverty guidelines.)

What is the process for converting HS slots to EHS slots?

What is required for documenting/proving homelessness?

The Head Start Reauthorization memorandum refers to Teacher Assistants. What is the definition for Teacher Assistant, please? Is it different from Teacher Aide, or the same thing?

Under the Head Start Act, may Head Start facilities be used as polling sites for national or local elections?

When are Head Start agencies required to ensure teachers pay back financial assistance if the teacher leaves before teaching for 3 years after receiving a degree?

What is required for documenting/proving homelessness?

The new Head Start Act states that Early Head Start (EHS) teachers must have "a minimum of a child development associate credential, and have been trained in early childhood development" and that "teachers have been trained in early childhood development with focus on infant and toddler development." The teachers in our EHS program all have a BS in Early Childhood Education or a closely related field, such as child development. In addition to this, all staff who do not have documented training in infant/toddler development are required to take an infant/toddler development course. Since a BS is a more advanced degree than a CDA are our teachers still required to obtain a CDA in addition to their BS?

I am a Program Manager. I would like clarification on the reauthorization requirement that states if teachers receive financial assistance for college that they must agree to work for 3 years or repay. Does this just refer to teachers who are earning their Bachelors or Associates degree also?

What type of living situation typically qualifies a child to be”homeless"? Also, what is the definition of "substandard housing"?

Do you have to have an associate’s degree to teach Head Start?

What are the educational qualifications of an EHS home visitor?

Realizing that it will take some time before everyone is familiar with all the details of the re-authorization act passed in December, I have a specific question regarding staff credentials for EHS teachers. The reauthorization indicates that all EHS instructional personnel must have, at a minimum, their Child Development Associate credential. It furthers states that:

Nationally, 50% of HS teachers to have B.S. by 9/30/13
Classrooms w/o B.S.-qualified teacher must have AA by 9/30/11

Are these two provisions specifically required of Head Start teachers? Are they also required of EHS teachers? The regulations and all subsequent communications do not clearly articulate the differences. As a stand-alone EHS grantee, we need to know what applies only to EHS and what applies to both EHS and HS.

What, if any, are the degree requirements for Early Head Start Teachers? Is it required they have a CDA in infant and toddler along with an Associate or Bachelor Degree? Does the Degree have to be in Early Childhood Education?

Do we make our own criminal records check policy or follow state law?

Is a name check okay or must fingerprinting be done for criminal records checks?

Under the section on "Staff qualifications and training", there are references to EHS and HS teachers, but I wasn't sure if there were instances where reference to HS teachers may relate to both EHS and HS teachers. E.g., When it indicates that "all Head Start teachers must, by October 1, 2011, have at least an AA degree..." does this read as HS only, or imply EHS teachers as well? Thank you.

May a governing body form an advisory committee (or sub-board) to oversee responsibilities related to program governance?

Do community representatives on the Policy Council now have to be elected by the parents?

Can Head Start programs count, for purposes of meeting the 10% actual enrollment requirement, children who have an individualized education program (IEP) developed solely by the Head Start program?

We have the following questions regarding the governing body licensed attorney requirement:

Does "licensed attorney" include an attorney who is licensed in a state other than the one in which the Head Start program is located?

Does "licensed attorney" include an attorney who is retired, and registered with the state bar but no longer required to maintain continuing legal education courses?

Does a grantee that operates both a Head Start and Early Head Start Program have to reach 10% enrollment of children with disabilities in each of the programs or is the 10% requirement applied to the combined enrollment of the two programs?

A - Grants Administration and Financial Management

OHS – PC – A – 065
Under the Head Start Act, may Head Start facilities be used as polling sites for national or local elections?

Yes, Head Start grantees may allow their facilities to be used by local government authorities as polling sites in a general election.

Grantees that allow their facilities to be used for polling places in general elections are reminded that they must be careful not to violate any of the specific provisions of Section 656(b) restricting political activities. Section 656(b)(1) of the Head Start Act, 42 U.S.C. § 9851(b)(1), prohibits grantees from engaging in “(A) any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office, or (B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election.” Under paragraph (b)(2), “No funds appropriated under this subchapter may be used to conduct voter registration activities. Nothing in this subchapter prohibits the availability of Head Start facilities during hours of operation for the use of any nonpartisan organization to increase the number of eligible citizens who register to vote in elections for Federal office.”

Section 656(b)(1)(A)(B) and (2) of the Head Start Act [42 U.S.C. 9851]

February 11, 2008
Revised July 23, 2008
Revised July 28, 2008

OHS – PC – A – 066
Do we make our own criminal records check policy or follow state law?

The Head Start Act requires that criminal record checks be obtained as required by State, tribal, or Federal law so Head Start agencies may not establish their own policies.

Section 648A (g) of the Head Start; 42 U.S.C. 9843A (g)

May 20, 2008

OHS – PC – A – 067
Is a name check okay or must fingerprinting be done for criminal records checks?

Head Start agencies may obtain either name-based criminal record checks or fingerprint-based criminal record checks unless applicable State, tribal, or Federal law specifies one or the other. For either method, the Head Start agency must provide assurance that the identity of the individual employee subject to the criminal record check is verified. Head Start agencies may not require prospective employees to obtain their own criminal record checks because there would be no way to verify that the information contained on the record had not been altered.

Informal Guidance

May 20, 2008

B - Health, Nutrition and Mental Health

OHS – PC – B – 045
May the required parental consent for non-emergency intrusive physical examinations required by sec. 657A of the Head Start Act be obtained as part of a blanket permission at the time of the application for Head Start services?

No. While section 657A of the Act does not specify the timing or manner of the required permission other than by specifying that parental permission must be in writing and that it be secured “before administration of any nonemergency intrusive physical examination,” the fact that the statute establishes a entirely new section of the Head Start Act to address nonemergency intrusive physical examinations indicates the statutory requirement is intended to facilitate parents’ thoughtful, individualized decision making regarding nonemergency intrusive physical examinations separate and apart from decision making regarding other program services. Therefore, written parental permission must be obtained before any nonemergency intrusive physical exam and such permission must be obtained immediately preceding any proposed covered physical examination or as proximate to the proposed exam as possible. Whenever written permission is sought and obtained, the written permission maintained by the Head Start agency should clearly and plainly describe the “nonemergency intrusive physical examination” for which permission is sought and indicate the parent’s express permission, including any limitations.

Section 657A of the Head Start Act

E - Program Governance

OHS – PC – E – 021
What are the membership requirements of the governing body?

The governing body membership must include the following:

One or more members with a background and expertise in fiscal management and accounting.
One or more members with a background and expertise in early childhood education and development.
One or more licensed attorneys familiar with Head Start governing body issues.
Additional members who reflect the community and include parents of formerly or currently enrolled Head Start children.
Other members selected for their expertise in education, business administration, or community affairs.

Note: If a Head Start agency is unable to include members for any of the first three categories (1-3) above, the governing body must obtain the services of a consultant or other individual with the required background and expertise to work with the governing body instead.

Sec. 642 (c) (1) (B) of the Head Start Act

OHS – PC – E – 022
Are tribal governments exempt or excluded from the governing body composition requirements?

Tribal governmental entities that are designated Head Start agencies are not exempt from the program governance requirements specified at section 642 (c) of the Head Start Act as amended. With regard to the governing body requirements, section 642 (c)(1)(B)(vi) authorizes governing bodies—including tribal governing bodies—to secure consultants or other individuals with the relevant expertise and qualifications described at section 642 (c)(1)(B)(i)-(iii) to “work directly with the governing body” if such individuals are not available to actually serve as members of such body.

642 (c)(1)(B) of the Head Start Act

OHS – PC – E – 023
Concerning the new requirements for Board Members, what constitutes a background and expertise? Do they have to have a Bachelor degree in the area or work experience or what?

Section 642 (c)(1)(B) of the Head Start Act establishes composition requirements for all Head Start agency governing bodies. In general, governing body membership should include at least one member with “a background and expertise in fiscal management or accounting” and at least one member with “a background and expertise in early childhood education and development.” In addition, governing body membership should include “a licensed attorney familiar with issues that come before the governing body.” It is our expectation that Head Start agencies will take action to include such individuals as members on their governing bodies. However, section 642 (c)(1)(B)(vi) authorizes governing bodies to secure consultants or other individuals with the relevant expertise and qualifications described at section 642 (c)(1)(B)(i)-(iii) to “work directly with the governing body” if individuals with the required background and expertise are not available to actually serve as members.

OHS – PC – E – 024
May a governing body form an advisory committee (or sub-board) to oversee responsibilities related to program governance?

Yes, provided the advisory committee (or sub-board) does not supplant the governing body’s legal and fiscal responsibilities related to program governance. Head Start agency governing bodies may, at their discretion, establish advisory committees (or sub-boards) to oversee key responsibilities related to program governance and program improvement, as follows:

(a) A Head Start governing body should have policies and procedures to ensure that, in establishing an advisory committee (or sub-board), it retains legal and fiscal responsibility for the Head Start agency as required under section 642(c)(1) of the Head Start Act (the Act). Such policies and procedures should include:

(1) a written agreement specifying the specific duties, actions, and obligations the proposed advisory committee (or sub-board) is responsible for in overseeing responsibilities related to program governance and Head Start program improvement;

(2) procedures describing the membership of the advisory committee (or sub-board), the responsibilities of each member, and the process and procedures for their selection; and

(3) procedures describing how the advisory committee (or sub-board) will provide the governing body with sufficient and timely information about its activities and decisions in order to enable the governing body to exercise their legal and fiscal responsibilities for administering and overseeing Head Start programs including safeguarding of Federal funds as required by section 642(c)(1)(E)(i) and (d)(2) of the Act.

(b) Prior to establishing an advisory committee (or sub-board), the governing body should notify the responsible OHS official in order for OHS to assure that the proposed arrangement is appropriate.

Note: this policy clarification supersedes the discussion of governing body delegation of responsibility contained in ACF–PI–HS–06–01.

Informal Guidance

July 21, 2008
Revised September 18, 2008

OHS – PC – E – 025
Do community representatives on the Policy Council now have to be elected by the parents?

Yes. In accordance with Section 642(c)(2)(B)(i) of the Head Start Act, the policy council members must be elected by the parents of children who are currently enrolled in the Head Start program of the Head Start agency.

Requirement

Section 642(c)(2)(B)(i) of the Head Start Act

October 29, 2008

OHS – PC – E – 026
We have the following questions regarding the governing body licensed attorney requirement:

Does "licensed attorney" include an attorney who is licensed in a state other than the one in which the Head Start program is located?
Does "licensed attorney" include an attorney who is retired, and registered with the state bar but no longer required to maintain continuing legal education courses?

As long as the individual is licensed to practice law and is "familiar with issues that come before the governing body," including issues under the laws of the state in which the grantee operates, he or she will be considered to have met the requirements of the Head Start Act.

Requirement

Section 642(c)(1)(B)(iii) of the Head Start Act

December 1, 2008

Informal Guidance

July 21, 2008

G - Human Resources Management

OHS – PC – G – 018
What are the educational qualifications of an EHS home visitor?

Home visitor educational qualifications will be determined by regulations in the future. Until such time as they are issued, the qualifications for home visitors require them to have knowledge and experience in child development and early childhood education; the principles of child health, safety, and nutrition; adult learning principles; and family dynamics.

45 CFR 1304.52 (e); Section 645A (i)(1)

OHS – PC – G – 019
What, if any, are the degree requirements for Early Head Start Teachers? Is it required they have a CDA in infant and toddler along with an Associate or Bachelor Degree? Does the Degree have to be in Early Childhood Education?

Current Head Start regulations require Early Head Start teachers to have a CDA credential for Infants and Toddler Caregivers within one year of hire as a teacher of infants and toddlers. By September 30, 2010, all Early Head Start teachers must have, at a minimum, a CDA credential and have been trained (or have equivalent coursework) in early childhood development. Early Head Start teachers are not required to have an Associates or Bachelors degree.

45 CFR 1304.52 (f); Section 645A(h)

I - Eligibility, Recruitment, Selection, Enrollment and Attendance

OHS – PC – I – 080
Are “homeless children” eligible for Head Start?

Yes, homeless children are categorically eligible for Head Start.

Sec. 642 (c) (1) (B) of the Head Start Act

OHS – PC – I – 081
What is the definition of “homeless children”?

The term “homeless children” has the meaning given the term “homeless children and youths” in section 725(2) of the McKinney-Vento Homeless Assistance Act.

“Homeless children” means:

Individuals who lack a fixed, regular, and adequate nighttime residence; and
Includes -
1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;
2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
3. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
4. Migratory children who qualify as homeless because they are living in circumstances described in a-c above.

Sec. 725(2) of the McKinney-Vento Homeless Assistance Act.

OHS – PC – I – 082
What kinds of pay and allowances of members of the uniformed services are not counted for purposes of determining the eligibility of dependents for Head Start programs?

(Note: The “uniformed services” includes Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.)

Head Start programs shall not count the following amounts of pay and allowances of members of the “uniformed services” (as defined at 37 USC 101) for purposes of determining the eligibility of a dependent of such member(s):

The amount of any special pay relating to duty subject to hostile fire or imminent danger in accordance with 37 USC 310.
The amount of basic allowance for housing in accordance with 37 USC 403, including any amount provided on behalf of a member for housing acquired or constructed under 10 USC 2871-2872, and 2882.

In addition please note that any subsistence allowance paid to members of the Armed Forces (i.e. Army, Navy, Air Force, Marine Corps and Coast Guard) should not be included in determining Head Start eligibility. See OHS-PC-I-037.

Sec. 645 (a) (3) of the Head Start Act ; 37 USC 101; 37 USC 310; 37 USC 403; 10 USC 2871-2872 and 2882

OHS – PC – I – 083

A child’s whose family’s income is below the poverty line or who is categorically eligible would automatically have priority over an over-income child to be served under the new 130% authority regardless of the child’s age (provided that they are age eligible) or score on an agency’s priority point system. However, grantees can still serve up to 10% of children from incomes above the poverty line without using this new authority. This provision has not changed.

Section 645(a) of the Head Start Act

OHS – PC – I – 084
What is the process for converting HS slots to EHS slots?

Please refer to ACF-PI-HS-09-01.

January 22, 2008
Revised January 13, 2009

OHS – PC – I – 085
What is required for documenting/proving homelessness?

Section 640 (m) (1) of the Head Start Act as amended requires that homeless children be prioritized for enrollment. The Office of Head Start (OHS) recognizes that verification and documentation of the circumstances that fall within the federal definition of homeless children can present unique challenges to Head Start agencies. OHS encourages agencies to enroll homeless children based on the families description of their living situation (if that description meets the definition) while required verification of circumstances and collection of documents are obtained within a reasonable time frame. OHS encourages grantees to engage their school district homeless liaisons, private and public shelter providers, HUD Continuums of Care, and other homeless service agencies in their service area to assist in the verification and documentation process. OHS urges agencies to exercise sufficient care to ensure that their verification activities do not increase the risk that families may be evicted or suffer other resulting adverse consequences.

Informal Guidance

April 11, 2008

OHS – PC – I – 086
What type of living situation typically qualifies a child to be "homeless"? Also, what is the definition of "substandard housing"?

To be categorically eligible for Head Start services as a "homeless child", a child must meet the definition in the McKinney-Vento Homeless Assistance Act of 2001. That Act defines homeless children as "individuals who lack a fixed, regular, and adequate nighttime residence." In addition the definition goes on to specify a number of living situations that homeless children may be found in, such as living in "trailer parks, or camping grounds due to the lack of alternative accommodations". The fact that a child lives in a trailer park does not necessarily cause such child to come within the definition of ‘homeless child’ unless other factors are present. The examples listed in the definition include many of the more common situations of homelessness but those examples are not meant to be exclusive; there may be some homeless families living in situations not included in the examples in the definition. Head Start staff must gather and analyze information from the family and possibly other sources in order to make the appropriate determination of eligibility. This must be done on a case by case basis because the circumstances of homelessness vary with each family’s situation.

In determining whether a child is living in "substandard housing", Head Start staff must evaluate whether the child’s housing situation falls short of community standards or is of lower quality than the law prescribes. Staff should consider factors such as whether there are health and safety concerns related to the housing; the number of occupants per square foot; the age(s) of the occupants; and whether the housing meets State or local building codes. Does a comparison of the housing in question with community norms and laws lead staff to conclude that it is lower than what community norms or laws require?

Informal Guidance

May 8, 2008

J - Staffing Requirements and Program Options

OHS – PC – J – 031
The Head Start Reauthorization memorandum refers to Teacher Assistants. What is the definition for Teacher Assistant, please? Is it different from Teacher Aide, or the same thing?

The Head Start Act, as amended does not define "Teaching Assistant" but reading section 648A (a)(2)(B) as a whole makes clear that such individuals are center-based classroom staff involved in the education of children, but not required to meet the Head Start teacher qualification requirements. Therefore, there is no reason to distinguish between individuals some Head Start programs may call "Teaching Assistants" and others may call "Teacher Aides" or some other term. The important distinction is on the role of the individual in providing assistance to the Head Start teacher in the education of children in center-based classrooms, not on their job title.

Sec. 648A (a) (2) (B) of the Head Start Act

OHS – PC – J – 032
When are Head Start agencies required to ensure teachers pay back financial assistance if the teacher leaves before teaching for 3 years after receiving a degree?

As required by the statute, the Department will establish requirements concerning financial assistance for teachers to pursue a degree. When these requirements are issued, the Office of Head Start will alert grantees.

Section 648A (a) (6) of the Head Start Act

February 12, 2008

OHS – PC – J – 033
The new Head Start Act states that Early Head Start (EHS) teachers must have "a minimum of a child development associate credential, and have been trained in early childhood development" and that "teachers have been trained in early childhood development with focus on infant and toddler development." The teachers in our EHS program all have a BS in Early Childhood Education or a closely related field, such as child development. In addition to this, all staff who do not have documented training in infant/toddler development are required to take an infant/toddler development course. Since a BS is a more advanced degree than a CDA are our teachers still required to obtain a CDA in addition to their BS?

If EHS teachers have a Bachelors degree in early child education or a related field, this would satisfy the requirement for a "minimum of a CDA."

Section 645A (h)(1) of the Head Start Act

April 29, 2008

OHS – PC – J – 034
I am a Program Manager. I would like clarification on the reauthorization requirement that states if teachers receive financial assistance for college that they must agree to work for 3 years or repay. Does this just refer to teachers who are earning their Bachelors or Associates degree also?

The service requirements in Section 648A (a)(6)(A)(B) specifically refer to teachers who receive assistance to pursue baccalaureate or advanced degrees in early childhood education or a baccalaureate or advanced degree and coursework equivalent to a major related to early childhood education. It does not apply to teachers pursuing an Associates degree.

Section 648A (a)(6)(A)(B) of the Head Start Act

April 29, 2008

OHS – PC – J – 035
Do you have to have an associate’s degree to teach Head Start?

There is currently (as of May, 2008) no requirement that an individual have an associate’s degree to be a Head Start teacher. However, on October 1, 2011 all Head Start programs must assure that every Head Start teacher has an associate’s degree in early childhood education (or a degree in a related field and coursework equivalent to a major relating to early childhood education with experience teaching preschool-age children) or have been granted a waiver to this requirement because the Head Start program can demonstrate they have attempted unsuccessfully to recruit individuals with a qualifying degree. If a waiver has been granted the Head Start program then must assure that each classroom has, at a minimum, a teacher with a CDA or a state awarded certificate for preschool teachers that meets or exceeds the requirements for a CDA.

Section 648A (a)(2)(A), (3)(A), (3)(B), (4)(A), and (4)(B)

OHS – PC – J – 036
Realizing that it will take some time before everyone is familiar with all the details of the re-authorization act passed in December, I have a specific question regarding staff credentials for EHS teachers. The reauthorization indicates that all EHS instructional personnel must have, at a minimum, their Child Development Associate credential. It furthers states that:

Nationally, 50% of HS teachers to have B.S. by 9/30/13
Classrooms w/o B.S.-qualified teacher must have AA by 9/30/11

The requirements for Head Start teachers for Associates degrees by 9/30/2011 and nationally for 50% Bachelors degrees do not apply to Early Head Start teachers.

Section 645A(h)

OHS – PC – J – 037
Under the section on "Staff qualifications and training", there are references to EHS and HS teachers, but I wasn't sure if there were instances where reference to HS teachers may relate to both EHS and HS teachers. E.g., When it indicates that "all Head Start teachers must, by October 1, 2011, have at least an AA degree..." does this read as HS only, or imply EHS teachers as well? Thank you.

The requirements that by October 1, 2011 each Head Start classroom that does not have a teacher with a BA or advanced degree must have a teacher with an associate degree in early childhood education, or an associate degree in a related field and coursework equivalent to a major in early childhood education with experience teaching pre-school children does not apply to Early Head Start.

Current Head Start regulations require Early Head Start teachers to have a CDA credential for Infants and Toddler Caregivers within one year of hire as a teacher of infants and toddlers. By September 30, 2010, all Early Head Start teachers must have, at a minimum, a CDA credential and have been trained (or have equivalent coursework) in early childhood development. By September 30, 2012 all Early Head Start teachers must be trained (or have equivalent coursework) in early childhood development with a focus on infant and toddler development.

Section 648A (a) (3) (B) and Section 645A of the Head Start Act

May 20, 2008

K - Services for Children with Disabilities

OHS – PC – K – 027
Can Head Start programs count, for purposes of meeting the 10% actual enrollment requirement, children who have an individualized education program (IEP) developed solely by the Head Start program?

The Head Start Act of 2007 requires that, beginning in fiscal year 2009 (i.e. beginning October 1, 2008) "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...by the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act [IDEA] (20 U.S.C. 1419, 1431 et seq.)."

Head Start programs, to meet the 10% actual enrollment requirement, should note that children with disabilities who are served by Head Start must have been determined eligible for special services under IDEA by the agency providing IDEA services in the children's community. Therefore, Head Start programs should not count, for purposes of meeting this requirement, children who have an individualized education program (IEP) developed solely by the Head Start program, as described under 1308.19(d).

Requirement

Section 640(d)(1) of the Head Start Act

October 29, 2008

OHS – PC – K – 028
Does a grantee that operates both a Head Start and Early Head Start Program have to reach 10% enrollment of children with disabilities in each of the programs or is the 10% requirement applied to the combined enrollment of the two programs?

When a grantee or delegate agency operates both an Early Head Start (EHS) and preschool Head Start (HS) program under the same grant or delegate agreement, then the requirement that at least 10% of the children actually enrolled be children with disabilities applies to the combined enrollment of the two programs funded under that grant or delegate agreement. When a grantee has multiple delegate agency agreements, the 10% requirement applies separately to each of their delegate agencies.

Agencies are reminded that they must recruit, select and enroll those children most in need, including children with disabilities, across the entire age range of children served by these two programs so that children with disabilities will have opportunities to be enrolled in both their EHS and HS programs.

Requirement

Section 640(d)(1) of the Head Start Act; 45 CFR 1305.5(a)

December 18, 2008