On
December 12, 2007, President Bush signed Public Law 110-134
"Improving Head Start for School Readiness Act of 2007"
reauthorizing the Head Start program. This law contains
significant revisions to the previous Head Start Act and authorizes
Head Start through September 30, 2012.
Following is a draft compilation of the amended
Head Start Act. In addition, click
here
to view a PDF version of the draft compilation which marks all changes in bold text.
COMPILATION OF THE HEAD
START ACT
Legislative Authority: Head Start
Act, as amended.
U.S. Code Citation:
42 USC 9801 et seq.
NOTE: This
compilation was prepared by
HHS staff
who have striven to ensure
it is complete
and accurate.
However, this is not an
official compilation and
may not be completely free of
error.
Sec. 635.
Short Title
Sec. 636.
Statement of Purpose
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.
Standards;
Monitoring of Head Start Agencies and
Programs
Sec. 642.
Powers
and Functions of
Head Start Agencies
Sec. 642A. Head Start
Transition
Sec. 642B. Head Start Collaboration; State Early
Education
and Care
Sec. 643.
Submission of Plans to
Governors
Sec. 644.
Administrative
Requirements and Standards
Sec. 645.
Participation in
Head Start Programs
Sec. 645A.
Early
Head Start 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.
Parental Consent Requirement for Nonemergency Intrusive
Physical Examinations
Sec. 657B. Centers of
Excellence in Early Childhood
Sec. 657C. General
Provisions
Compliance With Improper
Payments Information Act of 2002
References in Other
Acts
SHORT
TITLE
Sec. 635. [42 U.S.C. 9801]
This subchapter may be
cited as the "Head Start
Act".
STATEMENT
OF
PURPOSE
Sec. 636. [42 U.S.C. 9831]
It is the
purpose of this
subchapter to promote the school readiness
of low-income children by
enhancing their cognitive, social, and
emotional development—
(1) in a learning environment that
supports children’s growth in
language, literacy, mathematics, science,
social and emotional
functioning, creative arts, physical
skills, and approaches to
learning; and
(2) through the provision to low-income
children and their
families of health, educational,
nutritional, social, and other
services that are determined, based on
family needs assessments, to
be necessary.

DEFINITIONS
Sec. 637.
[42 U.S.C. 9832] For purposes of this subchapter:
(1) The term "child with a disability" means--
(A) a child with a disability, as
defined in section 602(3) of the Individuals with Disabilities
Education Act; and
(B) an infant or
toddler with a disability, as defined in section 632(5) of such Act.
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(2) The
term
‘deficiency’ means—
(A) a systemic or substantial material
failure of an agency in an
area of performance that the Secretary
determines involves—
(i) a threat to the health, safety, or
civil rights of children
or staff;
(ii) a denial to parents of the exercise
of their full roles and
responsibilities related to program
operations;
(iii) a failure to comply with standards
related to early
childhood development and health services,
family and community
partnerships, or program design and
management;
(iv) the misuse of funds received under
this subchapter;
(v) loss of legal status (as determined
by the Secretary) or
financial viability, loss of permits,
debarment from receiving
Federal grants or contracts, or the
improper use of Federal funds;
or
(vi) failure to meet any other Federal
or State requirement that
the agency has shown an unwillingness or
inability to correct, after
notice from the Secretary, within the
period specified;
(B) systemic or material failure of the
governing body of an
agency to fully exercise its legal and
fiduciary responsibilities;
or
(C) an unresolved area of
noncompliance.
(3) The term "delegate agency" means a
public, private nonprofit
(including a community based organization,
as defined in section
9101 of the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 7801), or for profit organization or
agency to which a
grantee has delegated all or part of the
responsibility of the
grantee for operating a Head Start program.
(4) The
term "family literacy services" means services that are of
sufficient intensity in terms of hours, and of sufficient duration,
to make sustainable changes in a family, and that integrate all of
the following activities:
(A)
Interactive literacy activities between parents and their children.
(B) Training for parents regarding how
to be the primary teacher for their children and full partners in
the education of their children.
(C) Parent literacy training that leads
to economic
self-sufficiency and financial
literacy.
(D) An age-appropriate education to prepare
children for success in school and life experiences.
(5) The term "financial assistance" includes
assistance provided by grant, agreement, or contract, and payments
may be made in installments and in advance or by way of
reimbursement with necessary adjustments on account of overpayments
or underpayments.
(6) The term
"full-calendar-year" means all days of the year other than Saturday,
Sunday, and a legal public holiday.
(7)
The term "full-working-day" means not less than 10 hours per day.
Nothing in this paragraph shall be construed to require an agency to
provide services to a child who has not reached the age of
compulsory school attendance for more than the number of hours per
day permitted by State law (including regulation) for the provision
of services to such a child.
(8) The
term "Head Start classroom" means a group of children supervised and
taught by two paid staff members (a teacher and a teacher's aide or
two teachers) and, where possible, a volunteer.
(9) The term "Head Start family day care" means
Head Start services provided in a private residence other than the
residence of the child receiving such services.
(10) The term "home-based Head Start program"
means a Head Start program that provides Head Start services in the
private residence of the child receiving such services.
(11) The term
‘homeless children’ has the meaning given
the term ‘homeless
children and youths’ in section 725(2) of
the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11434a(2)).
(12) The
term "Indian tribe" means any tribe, band, nation, pueblo, or other
organized group or community of Indians, including any Native
village described in section 3(c) of the Alaska Native Claims
Settlement Act (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.
(13) The term ‘institution
of higher education’ has the meaning
given the term
in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C.
1001(a)).
(14) The term ‘interrater reliability’
means
the extent to which 2 or more
independent raters or
observers consistently obtain the same
result when using the same
assessment tool.
(15) The term ‘limited English
proficient’,
used with respect to a child, means a
child—
(A)(i) who was not born in the United
States
or whose native language is a language
other than English;
(ii)(I) who is a Native American (as
defined
in section 9101 of the Elementary and
Secondary Education Act of
1965 (20 U.S.C. 7801)), an Alaska Native,
or a native resident of an
outlying area (as defined in such section
9101); and
(II) who comes from an environment where
a
language other than English has had a
significant impact on the
child’s level of English language
proficiency; or
(iii) who is migratory, whose native
language is a language other than English,
and who comes from an
environment where a language other than
English is dominant; and
(B) whose difficulties in speaking or
understanding the English language may be
sufficient to deny such
child—
(i) the ability to successfully achieve
in a
classroom in which the language of
instruction is English; or
(ii) the opportunity to participate
fully in
society.
(16) The term "local educational agency"
has the meaning given such term in the Elementary and Secondary
Education Act of 1965.
(17) The term
"migrant or seasonal Head Start program" means
(A) with respect to services for migrant
farmworkers, a Head Start program that serves families who are
engaged in agricultural labor and who have changed their residence
from one geographic location to another in the preceding 2-year
period; and
(B) with respect to
services for seasonal farmworkers, a Head Start program that serves
families who are engaged primarily in seasonal agricultural labor
and who have not changed their residence to another geographic
location in the preceding 2-year period.
(18) The term "mobile Head Start program" means
the provision of Head Start services utilizing transportable
equipment set up in various community-based locations on a routine,
weekly schedule, operating in conjunction with home-based Head Start
programs, or as a Head Start classroom.
(19) The term "poverty line" means the official
poverty line (as defined by the Office of Management and Budget)--
(A) adjusted to reflect the percentage
change in the Consumer Price Index For All Urban Consumers, issued
by the Bureau of Labor Statistics, occurring in the 1-year period or
other interval immediately preceding the date such adjustment is
made; and
(B) adjusted for family size.
(20) The term
‘principles of scientific research’ means
principles of research
that—
(A) apply
rigorous, systematic, and objective methodology to obtain reliable
and valid knowledge relevant to education activities and
programs;
(B)
present findings and make claims that are appropriate to and
supported by methods that have been employed; and
(C)
include, as appropriate to the research being conducted—
(i) use of
systematic, empirical methods that draw on observation or
experiment;
(ii) use
of data analyses that are adequate to support the general
findings;
(iii)
reliance on measurements or observational methods that provide
reliable and generalizable findings;
(iv)
strong claims of causal relationships, only with research designs
that eliminate plausible competing explanations for observed
results, such as, but not limited to, random assignment
experiments;
(v)
presentation of studies and methods in sufficient detail and clarity
to allow for replication or, at a minimum, to offer the opportunity
to build systematically on the findings of the research;
(vi)
acceptance by a peer-reviewed journal or critique by a panel of
independent experts through a comparably rigorous, objective, and
scientific review; and
(vii)
consistency of findings across multiple studies or sites to support
the generality of results and conclusions.
(21) The
term ‘professional development’ means high-quality activities that
will improve the knowledge and skills of Head Start teachers and
staff, as relevant to their roles and functions, in program
administration and the provision of services and instruction, as
appropriate, in a manner that improves service delivery to enrolled
children and their families, including activities that—
(A) are
part of a sustained effort to improve overall program quality and
outcomes for enrolled children and their families;
(B) are
developed or selected with extensive participation of administrators
and teachers from Head Start programs;
(C) are
developmentally appropriate for the children being served;
(D)
include instruction in ways that Head Start teachers and staff may
work more effectively with parents, as appropriate;
(E) are
designed to give Head Start teachers and staff the knowledge and
skills to provide instruction and appropriate support services to
children of diverse backgrounds, as appropriate;
(F) may
include a 1-day or short-term workshop or conference, if the
workshop or conference is consistent with the goals in the
professional development plan described in section 648A(f) and will
be delivered by an institution of higher education or other entity,
with expertise in delivering training in early childhood
development, training in family support, and other assistance
designed to improve the delivery of Head Start services; and
(G) in the
case of teachers, assist teachers with—
(i) the
acquisition of the content knowledge and teaching strategies needed
to provide effective instruction and other school readiness services
regarding early language and literacy, early mathematics, early
science, cognitive skills, approaches to learning, creative arts,
physical health and development, and social and emotional
development linked to school readiness;
(ii)
meeting the requirements in paragraphs (1) and (2) of section
648A(a), as appropriate;
(iii)
improving classroom management skills, as appropriate;
(iv)
advancing their understanding of effective instructional strategies
that are—
(I) based
on scientifically valid research; and
(II)
aligned with—
(aa) the
Head Start Child Outcomes Framework developed by the Secretary and,
as appropriate, State early learning standards; and
(bb)
curricula, ongoing assessments, and other instruction and services,
designed to help meet the standards described in section
641A(a)(1);
(v)
acquiring the knowledge and skills to provide instruction and
appropriate language and support services to increase the English
language skills of limited English proficient children, as
appropriate; or
(vi)
methods of teaching children with disabilities, as appropriate.
(22) The
term "scientifically based reading research" –
(A) means the application of rigorous,
systematic and objective procedures to obtain valid knowledge
relevant to reading development, reading instruction, and reading
difficulties; and
(B) shall include
research that--
(i) employs systematic,
empirical methods that draw on observation or experiment;
(ii) involves rigorous data analyses that are
adequate to test the stated hypotheses and justify the general
conclusions drawn;
(iii) relies on
measurements or observational methods that provide valid data across
evaluators and observers and across multiple measurements and
observations; and
(iv) has been
accepted by a peer-reviewed journal or approved by a panel of
independent experts through a comparably rigorous, objective, and
scientific review.
(23) The term ‘scientifically valid
research’ includes applied research, basic research, and
field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with principles
of scientific research.
(24) The
term "Secretary" means the Secretary of Health and Human Services.
(25) The term ‘State’ means a State, the
Commonwealth of
Puerto Rico, the District of
Columbia, Guam, American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands. The
term includes the Republic of Palau for fiscal years 2008 and 2009,
and (if the legislation described in section 640(a)(2)(B)(v) has not
been enacted by September 30, 2009) for fiscal years 2010 through
2012.
(26) The
term ‘unresolved area of noncompliance’ means failure to correct a
noncompliance item within 120 days, or within such additional time
(if any) as is authorized by the Secretary, after receiving from the
Secretary notice of such noncompliance item, pursuant to section
641A(c).
FINANCIAL ASSISTANCE FOR HEAD START
PROGRAMS
Sec. 638.
[42 U.S.C. 9833) 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 a
period of 5 years 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 enable the children to attain
their full potential and attain school readiness; 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.
AUTHORIZATION OF APPROPRIATIONS
Sec. 639.
[42 U.S.C. 9834]
There are
authorized to be appropriated to carry out this subchapter (other
than section 657B) $7,350,000,000 for fiscal year 2008,
$7,650,000,000 for fiscal year 2009, 7,995,000,000 for fiscal
year 2010, and such sums as may be necessary for each of fiscal
years 2011 and 2012.
ALLOTMENT OF FUNDS; LIMITATIONS ON
ASSISTANCE
Sec. 640. [42 U.S.C. 9835]
(a)(1) Using the sums appropriated pursuant to
section 639 for a fiscal year, the Secretary shall allocate such
sums in accordance with paragraphs (2) through (5).
(2)(A) The
Secretary shall determine an amount for each fiscal year for each
State that is equal to the amount received through base grants for
the prior fiscal year by the Head Start agencies (including Early
Head Start agencies) in the State that are not described in clause
(ii) or (iii) of subparagraph (B).
(B) The
Secretary shall reserve for each fiscal year such sums
as are necessary—
(i) to
provide each amount determined for a State under subparagraph (A) to
the Head Start agencies (including Early Head Start agencies) in the
State that are not described in clause (ii) or (iii), by allotting
to each agency described in this clause an amount equal to that
agency’s base grant for the prior fiscal year;
(ii) to
provide an amount for the Indian Head Start programs that is equal
to the amount provided for base grants for such programs under this
subchapter for the prior fiscal year, by allotting to each Head
Start agency (including each Early Head Start agency) administering
an Indian Head Start program an amount equal to that agency’s base
grant for the prior fiscal year;
(iii) to
provide an amount for the migrant and seasonal Head Start programs,
on a nationwide basis, that is equal to the amount provided
nationwide for base grants for such programs under this subchapter
for the prior fiscal year, by allotting to each Head Start agency
administering a migrant or seasonal Head Start program an
amount equal to that agency’s base grant for the prior fiscal
year;
(iv) to
provide an amount for each of Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and the Virgin Islands of the
United States (for Head Start agencies (including Early Head Start
agencies) in the jurisdiction) that is equal to the amount provided
for base grants for such jurisdiction under this subchapter for the
prior fiscal year, by allotting to each agency described in this
clause an amount equal to that agency’s base grant for the prior
fiscal year;
(v) to
provide an amount for the Republic of Palau (for Head Start agencies
(including Early Head Start agencies) in the jurisdiction) for each
of fiscal years 2008 and 2009, and (if legislation approving a new
agreement regarding United States assistance for the Republic of
Palau has not been enacted by September 30, 2009) for each of fiscal
years 2010 through 2012, that is equal to the amount provided for
base grants for such jurisdiction under this subchapter for the
prior fiscal year, by allotting to each agency described in this
clause an amount equal to that agency’s base grant for the prior
fiscal year; and
(vi) to
provide an amount for a collaboration grant under section 642B(a)
for each State, for the Indian Head Start programs, and for
the migrant and seasonal Head Start programs, in the same amount as
the corresponding collaboration grant provided under this subchapter
for fiscal year 2007.
(C)(i) The
Secretary shall reserve for each fiscal year an
amount that is not less than 2.5 percent and not
more than 3 percent of the sums appropriated pursuant to section 639
for that fiscal year, to fund training and technical assistance
activities, from which reserved amount—
(I) the
Secretary shall set aside a portion, but not less than 20 percent,
to be used to fund training and technical assistance activities for
Early Head Start programs, in accordance with section 645A(g)(2);
and
(II) the
Secretary shall set aside a portion, equal to the rest of the
reserved amount, to fund training and technical assistance
activities for other Head Start programs, in accordance with section
648, of which portion—
(aa) not
less than 50 percent shall be made available to Head Start agencies
to use directly, which may include at their discretion the
establishment of local or regional agreements with community
experts, institutions of higher education, or private consultants,
to make program improvements identified by such agencies, by
carrying out the training and technical assistance activities
described in section 648(d);
(bb) not
less than 25 percent shall be available to the Secretary to support
a State-based training and technical assistance system, or a
national system, described in section 648(e) for supporting program
quality; and
(cc) the
remainder of the portion set aside under this subclause shall be
available to the Secretary to assist Head Start agencies in meeting
and exceeding the standards described in section 641A(a)(1) by
carrying out activities described in subsections (a), (b), (c), (f),
and (g) of section 648, including helping Head Start programs
address weaknesses identified by monitoring activities conducted by
the Secretary under section 641A(c), except that not less than
$3,000,000 of the remainder shall be made available to carry out
activities described in section 648(a)(3)(B)(ii)
(ii) In
determining the portion set aside under clause (i)(I) and the amount
reserved under this subparagraph, the Secretary shall consider the
number of Early Head Start programs newly funded for that fiscal
year.
(D) The
Secretary shall reserve not more than $20,000,000 to fund research,
demonstration, and evaluation activities under section 649, of which
not more than $7,000,000 for each of fiscal years 2008 through 2012
shall be available to carry out impact studies under section
649(g).
(E) The
Secretary shall reserve not more than $42,000,000 for discretionary
payments by the Secretary, including payments for all costs (other
than compensation of Federal employees) for activities carried out
under subsection (c) or (e) of section 641A.
(F) If the
sums appropriated under section 639 are not sufficient to provide
the amounts required to be reserved under subparagraphs (B) through
(E), the amounts shall be reduced proportionately.
(G)
Nothing in this section shall be construed to deny the Secretary the
authority, consistent with sections 641, 641A, and 646 to terminate,
suspend, or reduce funding to a Head Start agency
(3)(A)
From any amount remaining for a fiscal year after the Secretary
carries out paragraph (2) (referred to in this paragraph as the
‘remaining amount’), the Secretary shall—
(i)
subject to clause (ii)—
(I)
provide a cost of living increase for each Head Start agency
(including each Early Head Start agency) funded under this
subchapter for that fiscal year, to maintain the level of services
provided during the prior year; and
(II)
subject to subparagraph (B), provide $10,000,000 for Indian Head
Start programs (including Early Head Start programs), and
$10,000,000 for migrant and seasonal Head Start programs, to
increase enrollment in the programs involved;
(ii)
subject to clause (iii), if the remaining amount is not sufficient
to carry out clause (i)—
(I) for
each of fiscal years 2008, 2009, and 2010—
(aa)
subject to subparagraph (B), provide 5 percent of that amount for
Indian Head Start programs (including Early Head Start programs),
and 5 percent of that amount for migrant and seasonal Head Start
programs, to increase enrollment in the programs involved; and
(bb) use
90 percent of that amount to provide, for each Head Start agency
(including each Early Head Start agency) funded as described in
clause (i)(I), the same percentage (but not less than 50 percent) of
the cost of living increase described in clause (i); and
(II) for
fiscal year 2011 and each subsequent fiscal year—
(aa)
provide, for each Head Start agency (including each Early Head Start
agency) funded as described in clause (i)(I), the cost of living
increase described in clause (i); and
(bb)
subject to subparagraph (B), with any portion of the remaining
amount that is not used under item (aa), provide equal amounts for
Indian Head Start programs (including Early Head Start programs),
and for migrant and seasonal Head Start programs, to increase
enrollment in the programs involved; and
(iii) if
the remaining amount is not sufficient to carry out clause (ii) for
the fiscal year involved, use that amount to provide, for each Head
Start agency (including each Early Head Start agency) funded as
described in clause (i)(I), the same percentage of the cost of
living increase described in clause (i).
(B)(i)
Notwithstanding any other provision of this paragraph,
the Indian Head Start programs shall not receive
more than a total cumulative amount of $50,000,000 for all fiscal
years, and the migrant and seasonal Head Start programs shall not
receive more than a total cumulative amount of $50,000,000 for all
fiscal years, under clause (i)(II), and subclauses (I)(aa) and
(II)(bb) of clause (ii), of subparagraph (A) (referred to in this
subsection as the ‘special expansion provisions’), to increase
enrollment in the programs involved.
(ii)(I)
Funds that are appropriated under section 639 for a fiscal year, and
made available to Indian Head Start programs or migrant or seasonal
Head Start programs under the special expansion provisions, shall
remain available until the end of the following fiscal year.
(II) For
purposes of subclause (I)—
(aa) if no
portion is reallocated under clause (iii), those funds shall remain
available to the programs involved; or
(bb) if a
portion is reallocated under clause (iii), the portion shall remain
available to the recipients of the portion.
(iii) Of
the funds made available as described in clause (ii), the Secretary
shall reallocate the portion that the Secretary determines is
unobligated 18 months after the funds are made available. The
Secretary shall add that portion to the balance described in
paragraph (4), and reallocate the portion in accordance with
paragraph (4), for the following fiscal year referred to in clause
(ii).
(4)(A)
Except as provided in subparagraph (B), from any amount remaining
for a fiscal year after the Secretary carries out paragraphs (2) and
(3) (referred to in this paragraph as the ‘balance’), the Secretary
shall—
(i)
reserve 40 percent to carry out subparagraph (C) and paragraph (5);
(ii)
reserve 45 percent to carry out subparagraph (D); and
(iii)
reserve 15 percent (which shall remain available through the end of
fiscal year 2012) to provide funds for carrying out section
642B(b)(2).
(B)(i)
Under the circumstances described in clause (ii), from the balance,
the Secretary shall—
(I)
reserve 45 percent to carry out subparagraph (C) and paragraph (5);
and
(II)
reserve 55 percent to carry out subparagraph (D).
(ii) The
Secretary shall make the reservations described in clause (i) for a
fiscal year if—
(I) the
total cumulative amount reserved under subparagraph (A)(iii) for all
preceding fiscal years equals $100,000,000;
or
(II) in the 2-year
period preceding such fiscal year, funds were reserved under
subparagraph (A)(iii) in an amount that totals not less than
$15,000,000 and the Secretary received no approvable applications
for such funds.
(iii) The
total cumulative amount reserved under subparagraph (A)(iii) for all
fiscal years may not be greater than $100,000,000.
(C) The
Secretary shall fund the quality improvement activities described in
paragraph (5) using the amount reserved under subparagraph (A)(i) or
subparagraph (B)(i)(I), as appropriate, of which—
(i) a
portion that is less than 10 percent may be reserved by the
Secretary to provide funding to Head Start agencies (including Early
Head Start agencies) that demonstrate the greatest need for
additional funding for such activities, as determined by the
Secretary; and
(ii) a
portion that is not less than 90 percent shall be reserved by the
Secretary to allot, to each Head Start agency (including each Early
Head Start agency), an amount that bears the same ratio to such
portion as the number of enrolled children served by the agency
involved bears to the number of enrolled children served by all the
Head Start agencies (including Early Head Start agencies), except
that the Secretary shall account for the additional costs of serving
children in Early Head Start programs and may consider whether an
agency is providing a full-day program or whether an agency is
providing a full-year program.
(D) The
Secretary shall fund expansion of Head Start programs
(including Early Head Start programs) using the
amount reserved under subparagraph (A)(ii) or
subparagraph (B)(i)(II), as appropriate, of which the
Secretary shall—
(i) use
0.2 percent for Head Start programs funded under clause (iv) or (v)
of paragraph (2)(B) (other than Early Head Start programs);
(ii) for
any fiscal year after the last fiscal year for which Indian Head
Start programs receive funds under the special expansion provisions,
use 3 percent for Head Start programs funded under paragraph
(2)(B)(ii) (other than Early Head Start programs), except that the
Secretary may increase that percentage if the Secretary determines
that the results of the study conducted under section 649(k)
indicate that the percentage should be increased;
(iii) for
any fiscal year after the last fiscal year for which migrant or
seasonal Head Start programs receive funds under the special
expansion provisions, use 4.5 percent for Head Start programs funded
under paragraph (2)(B)(iii) (other than Early Head Start programs),
except that the Secretary may increase that percentage if the
Secretary determines that the results of the study conducted under
section 649(l) indicate that the percentage should be increased;
and
(iv) from
the remainder of the reserved amount—
(I) use 50
percent for Head Start programs funded under paragraph (2)(B)(i)
(other than Early Head Start programs), of which—
(aa) the
covered percentage shall be allocated among the States serving less
than 60 percent (as determined by the Secretary) of children who are
3 or 4 years of age from families whose income is below the poverty
line, by allocating to each of those States an amount that bears the
same relationship to that covered percentage as the number of
children who are less than 5 years of age from families whose income
is below the poverty line (referred to in this subclause as ‘young
low-income children’) in that State bears to the number of young
low-income children in all those States; and
(bb) the
remainder shall be allocated proportionately among the States on the
basis of the number of young low-income children; and
(II) use
50 percent for Early Head Start programs.
(E) In
this paragraph, the term ‘covered percentage’ means—
(i) for
fiscal year 2008, 30 percent;
(ii) for fiscal
year 2009, 40 percent;
(iii) for fiscal year
2010, 50 percent;
(iv) for fiscal year 2011,
55 percent; and
(v) for fiscal year 2012, 55
percent.
(5)(A) Not
less than 50 percent of the amount reserved under subparagraph
(A)(i) or subparagraph (B)(i)(I), as appropriate, of paragraph (4)
to carry out quality improvement activities under paragraph (4)(C)
and this paragraph shall be used to improve the compensation
(including benefits) of educational personnel, family service
workers, and child counselors, as described in sections 644(a) and
653, in the manner determined by the Head Start agencies
(including Early Head Start agencies) involved, to—
(i) ensure
that compensation is adequate to attract and retain qualified staff
for the programs involved in order to enhance program quality;
(ii)
improve staff qualifications and assist with the implementation of
career development programs for staff that support ongoing
improvement of their skills and expertise; and
(iii)
provide education and professional development to enable teachers to
be fully competent to meet the professional standards established
under section 648A(a)(1), including—
(I)
providing assistance to complete postsecondary course work;
(II)
improving the qualifications and skills of educational personnel to
become certified and licensed as bilingual education teachers, or as
teachers of English as a second language; and
(III)
improving the qualifications and skills of educational personnel to
teach and provide services to children with disabilities.
(B) Any
remaining funds from the reserved amount described in subparagraph
(A) shall be used to carry out any of the following activities:
(i)
Supporting staff training, child counseling, and other services,
necessary to address the challenges of children from immigrant,
refugee, and asylee families, homeless children, children in foster
care, limited English proficient children, children of migrant
or seasonal farmworker families, children from families in crisis,
children referred to Head Start programs (including Early Head Start
programs) by child welfare agencies, and children who are exposed to
chronic violence or substance abuse.
(ii)
Ensuring that the physical environments of Head Start programs are
conducive to providing effective program services to children and
families, and are accessible to children with disabilities and other
individuals with disabilities.
(iii)
Employing additional qualified classroom staff to reduce the
child-to-teacher ratio in the classroom and additional qualified
family service workers to reduce the family-to-staff ratio for those
workers.
(iv)
Ensuring that Head Start programs have qualified staff that promote
the language skills and literacy growth of children and that provide
children with a variety of skills that have been identified, through
scientifically based reading research, as predictive of later
reading achievement.
(v)
Increasing hours of program operation, including—
(I)
conversion of part-day programs to full-working day programs; and
(II)
increasing the number of weeks of operation in a calendar year.
(vi)
Improving communitywide strategic planning and needs assessments for
Head Start programs and collaboration efforts for such programs,
including outreach to children described in clause (i).
(vii)
Transporting children in Head Start programs safely, except that not
more than 10 percent of funds made available to carry out this
paragraph may be used for such purposes.
(viii)
Improving the compensation and benefits of staff of Head Start
agencies, in order to improve the quality of Head Start
programs.
(6) No
sums appropriated under this subchapter may be combined with funds
appropriated under any provision other than this subchapter if the
purpose of combining funds is to make a single discretionary grant
or a single discretionary payment, unless such sums appropriated
under this subchapter are separately identified in such grant or
payment and are used for the purposes of this subchapter.
(7) In
this subsection:
(A) The term ‘base grant’, used with respect to
a fiscal year, means the amount of permanent ongoing funding
(other than funding described in sections 645A(g)(2)(A)(i) and
paragraph (2)(C)(i)(II)(aa)) provided to a Head Start agency
(including an Early Head Start agency) under this subchapter for
that
fiscal year.
(B) The
term ‘cost-of-living increase’, used with respect to an agency for a
fiscal year, means an increase in the funding for that agency, based
on the percentage change in the Consumer Price Index for All Urban
Consumers (issued by the Bureau of Labor Statistics) for the prior
fiscal year, calculated on the amount of the base grant for that
agency for the prior fiscal year.
(C) For
the purposes of this subsection, the term ‘State’ does not include
Guam, American Samoa, the Virgin Islands of the United States, the
Commonwealth of the Northern Mariana Islands, the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
(b)
Financial assistance extended under this subchapter for a Head Start
program shall not exceed 80 percent of the approved costs of the
assisted program or activities, except that the Secretary may
approve assistance in excess of such percentage if the Secretary
determines that such action is required in furtherance of the
purposes of this subchapter. For the purpose of making such
determination, the Secretary shall take into consideration with
respect to the Head Start program involved--
(1) the lack of resources available in the
community that may prevent the Head Start agency from providing all
or a portion of the non-Federal contribution that may be required
under this subsection;
(2) the impact
of the cost the Head Start agency may incur in initial years it
carries out such program;
(3) the
impact of an unanticipated increase in the cost the Head Start
agency may incur to carry out such program;
(4) whether the Head Start agency is located in
a community adversely affected by a major disaster; and
(5) the impact on the community that would
result if the Head Start agency ceased to carry out such program.
Non-Federal
contributions may be in cash or in kind, fairly evaluated, including
plant, equipment, or services. The Secretary shall not require
non-Federal contributions in excess of 20 percent of the approved
costs of programs or activities assisted under this subchapter.
(c) No programs shall be approved for
assistance under this subchapter unless the Secretary is satisfied
that the services to be provided under such program will be in
addition to, and not in substitution for, comparable services
previously provided without Federal assistance. The requirement
imposed by the preceding sentence shall be subject to such
regulations as the Secretary may prescribe.
(d)(1) The Secretary shall
establish policies and procedures to assure that, for fiscal year
2009 and thereafter, not less than 10 percent of the total number of
children actually enrolled by each Head Start agency and each
delegate agency will be children with disabilities who are
determined to be eligible for special education and related
services, or early intervention services, as appropriate, as
determined under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), by the State or local agency providing
services under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.).
(2) Such
policies and procedures shall ensure the provision of early
intervening services, such as educational and behavioral services
and supports, to meet the needs of children with disabilities, prior
to an eligibility determination under the Individuals with
Disabilities Education Act.
(3) Such
policies and procedures shall require Head Start agencies to provide
timely referral to and collaborate with the State or local agency
providing services under section 619 or part C of the Individuals
with Disabilities Education Act to ensure the provision of special
education and related services and early intervention services, and
the coordination of programmatic efforts, to meet the special needs
of such children.
(4) The
Secretary shall establish policies and procedures to
provide Head Start agencies with waivers of the
requirements of paragraph (1) for not more than 3 years. Such
policies and procedures shall require Head Start agencies, in order
to receive such waivers, to provide evidence demonstrating that the
Head Start agencies are making reasonable efforts on an annual basis
to comply with the requirements of that paragraph.
(5)
Nothing in this subsection shall be construed to limit or create a
right to a free appropriate public education under the Individuals
with Disabilities Education Act.
(e) 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)(1) Not later than 1 year after the date of
enactment of the Improving Head Start for School Readiness Act of
2007, the Secretary shall establish procedures to enable Head Start
agencies to develop locally designed or specialized service delivery
models to address local community needs, including models that
leverage the capacity and capabilities of the delivery system of
early childhood education and development services or programs.
(2) In
establishing the procedures the Secretary shall establish procedures
to provide for—
(A) the
conversion of part-day programs to full-working day programs or
part-day slots to full-working-day slots; and
(B)
serving additional infants and toddlers pursuant to section
645(a)(5).
(g)(1) For the purpose of expanding Head Start
programs, the Secretary shall take into consideration--
(A) the quality of the
applicant's programs (including Head Start and other child care or
child development programs) in existence on the date of the
allocation, including, in the case of Head Start programs in
existence on the date of the allocation, the extent to which such
programs meet or exceed standards described in section
641A(a)(1) and other requirements under this subchapter, and
the performance history of the applicant in providing services under
other Federal programs (other than the program carried out under
this subchapter);
(B) the
applicant's capacity to expand services (including, in the case of
Head Start programs in existence on the date of the allocation,
whether the applicant accomplished any prior expansions in an
effective and timely manner);
(C) the
extent to which the applicant has undertaken a community-wide strategic
planning and needs assessment involving other entities, including
community organizations, and Federal, State, and local public
agencies (including the local educational agency liaison designated
under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii))), that provide
services to children and families, such as—
(i) family
support services;
(ii) child abuse prevention
services;
(iii) protective services;
(iv) foster care;
(v)
services for families in whose homes English is not the language
customarily spoken;
(vi) services for
children with disabilities; and
(vii)
services for homeless children
(D) the
extent to which the family needs assessment and communitywide
strategic planning and needs assessment of the applicant reflect a
need to provide full-working-day or full-calendar- year services and
the extent to which, and manner in which, the applicant demonstrates
the ability to collaborate and participate with the State and local
community providers of child care or preschool services to provide
full-working-day full calendar year services.
(E) the
number of eligible children, as described in clause (i) or (ii) of
section 645(a)(1)(B), in each community who are not participating in
a Head Start program or any other publicly funded early childhood
education and development program;
(F)
the concentration of low-income families in each community;
(G) the extent to which the applicant proposes
to foster partnerships with other service providers in a manner that
will leverage the existing delivery systems of such services and
enhance the resource capacity of the applicant; and
(H) the
extent to which the applicant, in providing services, successfully
coordinated activities with the local educational agency serving the
community involved (including the local educational agency liaison
designated under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii))), and with
schools in which children participating in such applicant’s program
will enroll following such program, with respect to such services
and the education services provided by such local educational
agency.
(2)
Notwithstanding paragraph (1), in using funds made available for
expansion under subsection (a)(4)(D), the Secretary shall first
allocate the funds to qualified applicants proposing to use such
funds to serve children from families with incomes below the poverty
line. Agencies that receive such funds are subject to the
eligibility and enrollment requirements under section 645(a)(1).
(3)(A) In
the event that the amount appropriated to carry out the program
under this subchapter for a fiscal year does not exceed the amount
appropriated for the prior fiscal year, or is not sufficient to
maintain services comparable to the services provided under this
subchapter during the prior fiscal year, a Head Start agency may
negotiate with the Secretary a reduced funded enrollment level
without a reduction in the amount of the grant received by the
agency under this subchapter, if such agency can reasonably
demonstrate that such reduced funded enrollment level is necessary
to maintain the quality of services.
(B) In
accordance with this paragraph, the Secretary shall set up a process
for Head Start agencies to negotiate the reduced funded enrollment
levels referred to in subparagraph (A) for the fiscal year
involved.
(C) In the
event described in subparagraph (A), the Secretary shall be required
to notify Head Start agencies of their ability to negotiate the
reduced funded enrollment levels if such an agency can reasonably
demonstrate that such reduced funded enrollment level is necessary
to maintain the quality of services.
(h)
Financial assistance provided under this subchapter may be used by
each Head Start program to provide full-working-day Head Start
services to any eligible child throughout the full-calendar-year.
(i) The Secretary shall issue regulations
establishing requirements for the safety features, and the safe
operation, of vehicles used by Head Start agencies to transport
children participating in Head Start programs. The regulations shall
also establish requirements to ensure the appropriate supervision
of, and appropriate background checks for, individuals with whom the
agencies contract to transport those children.
(j) 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.
(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.
(l)(1) With funds made available
under this subchapter to expand migrant and seasonal Head Start
programs, the Secretary shall give priority to migrant and seasonal
Head Start programs that serve eligible children of migrant or
seasonal farmworker families whose work requires them to relocate
most frequently.
(2) In determining the need and demand
for migrant and seasonal Head Start programs (and services provided
through such programs), the Secretary shall consult with appropriate
entities, including providers of services for migrant and seasonal
Head Start programs. The Secretary shall, after taking into
consideration the need and demand for migrant and seasonal Head
Start programs (and such services), ensure that there is an adequate
level of such services for eligible children of migrant farmworker
families before approving an increase in the allocation of funds
provided under this subchapter for unserved eligible children of
seasonal farmworker families. In serving the eligible children of
seasonal farmworker families, the Secretary shall ensure that
services provided by migrant and seasonal Head Start programs do not
duplicate or overlap with other Head Start services available to
eligible children of such farmworker families.
(3) In
carrying out this subchapter, the Secretary shall continue the
administrative arrangement at the national level for meeting the
needs of Indian children and children of migrant and seasonal
farmworker families and shall ensure—
(A)
the provision of training and technical assistance by staff with
knowledge of and experience in working with such populations; and
(B) the
appointment of a national Indian Head Start collaboration director
and a national migrant and seasonal Head Start collaboration
director.
(4)(A)
For the purposes of paragraph (3), the Secretary shall conduct an
annual consultation in each affected Head Start region, with tribal
governments operating Head Start including Early Head Start
programs.
(B) The
consultations shall be for the purpose of better meeting the needs
of Indian, including Alaska Native, children and their families, in
accordance with this subchapter, taking into consideration funding
allocations, distribution formulas, and other issues affecting the
delivery of Head Start services in their geographic locations.
(C) The
Secretary shall publish a notification of the consultations in the
Federal Register before conducting the consultations.
(D) The
Secretary shall ensure that a detailed report of each consultation
shall be prepared and made available, within 90 days after the
consultation, to all tribal governments receiving funds under this
subchapter.
(m) The Secretary shall issue rules to
establish policies and procedures to remove barriers to the
enrollment and participation of homeless children in Head Start
programs. Such rules shall require Head Start agencies—
(1) to
implement policies and procedures to ensure that homeless children
are identified and prioritized for enrollment;
(2) to
allow families of homeless children to apply to, enroll in, and
attend Head Start programs while required documents, such as proof
of residency, immunization and other medical records, birth
certificates, and other documents, are obtained within a reasonable
time frame; and
(3) to
coordinate individual Head Start programs with efforts to implement
subtitle B of title VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11431 et seq.)
(n)
Nothing in this subchapter shall be construed to require a State to
establish a publicly funded program of early childhood education and
development, or to require any child to participate in such a
publicly funded program, including a State-funded preschool program,
or to participate in any initial screening before participating in a
publicly funded program of early childhood education and
development, except as provided under sections 612(a)(3) and
635(a)(5) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(3), 1435(a)(5)).
(o) All
curricula funded under this subchapter shall be based on
scientifically valid research, and be age and developmentally
appropriate. The curricula shall reflect all areas of child
development and learning and be aligned with the Head Start Child
Outcomes Framework. Parents shall have the opportunity to examine
any such curricula or instructional materials funded under this
subchapter.
DESIGNATION OF HEAD START AGENCIES
Sec. 641.
[42 U.S.C. 9836]
(a)
AUTHORITY TO DESIGNATE.—
(1) IN
GENERAL.—The Secretary is authorized to designate as a Head Start
agency any local public or private nonprofit agency,
including community-based and faith-based organizations, or
for-profit agency, within a community, pursuant to the requirements
of this section.
(2)
INTERIM POLICY.—Notwithstanding paragraph (1), until such time as
the Secretary develops and implements the system for designation
renewal under this section, the Secretary is authorized to
designate as a Head Start agency, any local public or private
nonprofit agency, including community-based and faith-based
organizations, or for-profit agency, within a community, in the
manner and process utilized by the Secretary prior to the enactment
of the Improving Head Start for School Readiness Act of 2007.
(b)
APPLICATION FOR DESIGNATION RENEWAL.—To be considered for
designation renewal, an entity shall submit an application to the
Secretary, at such time and in such manner as the Secretary may
require.
(c)
SYSTEM FOR DESIGNATION RENEWAL.—
(1) IN
GENERAL.—The Secretary shall develop a system for designation
renewal that integrates the recommendations of the expert panel
convened under paragraph (2) to determine if a Head Start agency is
delivering a high-quality and comprehensive Head Start program that
meets the educational, health, nutritional, and social needs of the
children and families it serves, and meets program and financial
management requirements and standards described in section
641A(a)(1), based on—
(A)
annual budget and fiscal management data;
(B) program reviews conducted under section
641A(c);
(C) annual audits required under
section 647;
(D) classroom quality as
measured under section 641A(c)(2)(F); and
(E) Program Information Reports.
(2)
EXPERT PANEL.—Not later than 3 months after the date
of enactment of the Improving Head Start for
School Readiness Act of 2007, the Secretary shall convene an expert
panel of 7 members to make recommendations to the Secretary on
the development of a transparent, reliable, and valid
system for designation renewal.
(3)
COMPOSITION OF EXPERT PANEL.—The Secretary, in convening such panel,
shall appoint the following:
(A)(i)
One member, who has demonstrated competency, as evidenced by
training, expertise, and experience, in early childhood program
accreditation.
(ii) One
member, who has demonstrated competency (as so evidenced) in
research on early childhood development.
(iii) One
member, who has demonstrated competency (as so evidenced) in
governance and finance of nonprofit organizations.
(iv) One
member, who has demonstrated competency (as so evidenced) in
delivery of services to populations of
children with special needs and their
families.
(v) One
member, who has demonstrated competency (as so evidenced) in
assessment and evaluation of programs
serving young children.
(B) An
employee from the Office of Head Start.
(C) An
executive director of a Head Start agency.
(4)
EXPERT PANEL REPORT.—Within 9 months after being convened by the
Secretary, the expert panel shall issue a report to the Secretary
that provides recommendations on a proposed system for designation
renewal that takes into account the criteria in subparagraphs (A)
through (E) of paragraph (1) to evaluate whether a Head Start agency
is fulfilling its mission to deliver a high-quality and
comprehensive Head Start program, including adequately meeting its
governance, legal, and financial management requirements.
(5)
PUBLIC COMMENT AND CONSIDERATION.—Not later than
3 months after receiving the report described
in paragraph (4), the Secretary shall publish a notice describing a
proposed system for designation renewal in the Federal Register,
including a proposal for the transition to such system, providing at
least 90 days for public comment. The Secretary shall review and
consider public comments prior to finalizing the system for
designation renewal described in this subsection.
(6)
DESIGNATION RENEWAL SYSTEM.—Not later than 12 months after
publishing a notice describing the proposed system under paragraph
(5), the Secretary shall implement the system for designation
renewal and use that system to determine—
(A)
whether a Head Start grantee is successfully delivering a
high-quality and comprehensive Head Start program;
and
(B)
whether the grantee has any unresolved deficiencies found during the
last triennial review under section 641A(c).
(7)
IMPLEMENTATION OF THE DESIGNATION RENEWAL SYSTEM.—
(A) IN
GENERAL.—A grantee who is determined under such system—
(i) to be
delivering a high-quality and comprehensive Head Start program shall
be designated (consistent with section 643) as a Head Start agency
for the period of 5 years described in section 638;
(ii) to
not be delivering a high-quality and comprehensive Head Start
program shall be subject to an open competition as described in
subsection (d); and
(iii) in
the case of an Indian Head Start agency, to not be delivering a
high-quality and comprehensive Head Start program shall
(notwithstanding clause (ii)) be subject to the requirements of
subparagraph (B).
(B)
TRIBAL GOVERNMENT CONSULTATION AND REEVALUATION.—
On making
a determination described in subparagraph (A)(iii), the Secretary
shall engage in government-to-government consultation with the
appropriate tribal government or governments for the purpose of
establishing a plan to improve the quality of Head Start programs
operated by the Indian Head Start agency. Such plan shall be
established and implemented within 6 months after the Secretary’s
determination. Not more than 6 months after the implementation of
that plan, the Secretary shall reevaluate the performance of the
Indian Head Start agency. If the Indian Head Start agency is still
not delivering a high-quality and comprehensive Head Start program,
the Secretary shall conduct an open competition as described in
subsection (d), subject to the limitations described in subsection
(e).
(8)
TRANSPARENCY, RELIABILITY, AND VALIDITY.—The Secretary shall ensure
the system for designation renewal is fair, consistent, and
transparent and is applied in a manner that renews designations, in
a timely manner, grantees as Head Start agencies for periods of 5
years if such grantees are delivering high-quality and comprehensive
Head Start programs. The Secretary shall periodically evaluate
whether the criteria of the system are being applied in a manner
that is transparent, reliable, and valid.
(9)
TRANSITION.—
(A) IN
GENERAL.—Each Head Start agency shall be reviewed
under the system for designation renewal
described in paragraph (6), not later than 3 years after the
implementation
of such system.
(B)
LIMITATION.—A Head Start agency shall not be subject to the
requirements of the system for designation renewal prior to 18
months after the date of enactment of the Improving Head Start for
School Readiness Act of 2007.
(C)
SCHEDULE.—The Secretary shall establish and implement
a schedule for reviewing each Head Start agency
under the system for designation renewal described in paragraph (6),
consistent with subparagraphs (A) and (B).
(10)
REPORTS TO CONGRESS.—The Secretary shall—
(A) make available to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate
the report described in paragraph (4);
(B)
concurrently with publishing a notice in the Federal Register as
described in paragraph (5), provide a report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate
that provides a detailed description of the proposed system
described in paragraph (5), including a clear rationale for any
differences between the proposed system and the recommendations of
the expert panel, if any such differences exist; and
(C) prior
to implementing the system for designation renewal, provide a report
to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate—
(i)
summarizing the public comment on the proposed system and the
Secretary’s response to such comment;
and
(ii)
describing the final system for designation renewal and the plans
for implementation of such system.
(d)
DESIGNATION WHEN NO ENTITY IS RENEWED.—
(1) IN
GENERAL.—If no entity in a community is determined to be
successfully delivering a high-quality and comprehensive Head Start
program, as specified in subsection (c), the Secretary shall, after
conducting an open competition, designate for a 5-year period a Head
Start agency from among qualified applicants in such community.
(2)
CONSIDERATIONS FOR DESIGNATION.—In selecting from among qualified
applicants for designation as a Head Start agency, the Secretary
shall consider the effectiveness of each such applicant to provide
Head Start services, based on—
(A) any
past performance of such applicant in providing services comparable
to Head Start services, including how effectively such applicant
provided such comparable services;
(B) the
plan of such applicant to provide comprehensive health, educational,
nutritional, social, and other services needed to aid participating
children in attaining their full potential, and to prepare children
to succeed in school;
(C) the
plan of such applicant to attract and retain qualified staff capable
of delivering, including implementing, a high-quality and
comprehensive program, including the ability to carry out a research
based curriculum aligned with the Head Start Child Outcomes
Framework and, as appropriate, State early learning standards;
(D) the
ability of such applicant to maintain child-to-teacher ratios and
family service worker caseloads that reflect best practices and are
tied to high-quality service delivery;
(E) the
capacity of such applicant to serve eligible children
with—
(i)
curricula that are based on scientifically valid research, that are
developmentally appropriate, and that promote the school readiness
of children participating in the program involved; and
(ii)
teaching practices that are based, as appropriate, on scientifically
valid research, that are developmentally appropriate, and that
promote the school readiness of children participating in the
program involved;
(F) the
plan of such applicant to meet standards described in section
641A(a)(1), with particular attention to the standards described in
subparagraphs (A) and (B) of such section;
(G) the
proposed budget of the applicant and plan of such applicant to
maintain strong fiscal controls and cost effective fiscal
management;
(H) the
plan of such applicant to coordinate and collaborate
with other public or private entities providing
early childhood education and development programs and services for
young children in the community involved, including—
(i)
programs implementing grant agreements under the Early Reading First
and Even Start programs under subparts 2 and 3 of part B of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6371 et seq., 6381 et seq.);
(ii)
other preschool programs under title I of that Act (20 U.S.C. 6301
et seq.);
(iii)
programs under section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(iv)
State pre kindergarten programs;
(v) child
care programs;
(vi) the
educational programs that the children in the Head Start program
involved will enter at the age of compulsory school attendance; and
(vii)
local entities, such as a public or school library,
for—
(I) conducting reading readiness programs;
(II) developing innovative programs to excite
children about the world of books, including providing fresh books
in the Head Start classroom;
(III) assisting
in literacy training for Head Start teachers; or
(IV) supporting parents and other caregivers in
literacy efforts;
(I) the
plan of such applicant to coordinate the Head Start program
that the applicant proposes to carry out, with public and private