Final Rule--Head Start Program Performance Standards, 45 CFR Part 1304

ACYF Administration on Children, Youth and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families
	1. Log No. ACYF-IM-HS-96-23	2. Issuance Date: 11/05/96
	3. Originating Office: Head Start Bureau
	4. Key Word: Performance Standards

INFORMATION MEMORANDUM

TO: Head Start Grantee and Delegate Agencies

SUBJECT: Final Rule--Head Start Program Performance Standards, 45 CFR Part 1304

LEGAL AND RELATED REFERENCES:

The authority for this final rule is sections 641(a) and (d), 642(b) and (d), 644(a) and (c), and 645(h)(2) of the Head Start Act, as amended (42 U.S.C. 9801 et. Seq.) Pursuant to the 1994 Amendments to the Head Start Act, the final rule implements the requirements of the statute that the Secretary establish, by regulation, performance standards. The amendments also require that the Secretary establish standards for Early Head Start.

INFORMATION:

Attached for your information is the final version of the revised Head Start Program Performance Standards, as published in the Federal Register on November 5, 1996.

The Program Performance Standards define the services that Head Start programs are to provide to the children and families they serve. As such, they constitute the single most important statement of the expectations and requirements that grantee and delegate agencies must meet. This is the first comprehensive revision of the standards in more than 20 years.

We are pleased we have accomplished the major task of revising the Program Performance Standards for Head Start and integrating them with the new standards for infants and toddlers. These integrated standards are a significant milestone to assure that Head Start is a high quality program for the hundreds of thousands of children and families we serve.

The effective date of the standards is January 1, 1998. Grantee and delegate agencies may voluntarily implement these standards prior to the effective date.

CONSULTATION

In addition to the statutory provisions, the final rule implements recommendations from two national Advisory Committees, one on Head Start Quality and Expansion and the other one on Services for Families with Infants and Toddlers. We also undertook extensive consultation in developing these revised standards, and held over 70 focus groups (including 24 Regional meetings) involving some 2,000 people representing a cross-section of staff, experts, parents, educators, and representatives of Federal agencies, including the Department of Education concerning Title I issues.

DEVELOPMENT OF THE FINAL RULE

The revised Program Performance Standards were published as a Notice of Proposed Rulemaking (NPRM) on April 22, 1996. Over 1,100 letters containing nearly 15,000 comments were received in response to the NPRM. We believe that the large number of comments reflects, in part, the extensive outreach we undertook in developing the revised standards.

The letters came mostly from the Head Start community. Commenters generally applauded the integration of standards for infants and toddlers with those for preschoolers. They also supported the reorganization of the standards into the three major sections of Early Childhood Development and Health Services, Family and Community Partnerships, and Program Design and Management to make the new standards simpler and less fragmented than the current standards. Additionally, they supported the increased emphasis on quality services and the much strengthened emphasis on family and community partnerships.

CHANGES IN THE FINAL RULE

Based on a thorough analysis of the comments received, significant adjustments were made to some standards, a few standards were eliminated or combined with other standards and minor changes were made in the wording of some of the standards to clarify their meaning or intent. Many commenters asked for additional detail to be available in the Guidance materials.

The following summarizes some of the key changes in the final rule based on the comments received on the NPRM:

The 90-day requirement for the determination of each child's health status and needs was retained, but the completion of developmental, sensory and behavioral screenings must be completed within 45 days.
The requirement that members of the Policy Council or Policy Committee should Delimited to a combined total of three one-year terms was restored.
The standard requiring tuberculosis screenings for volunteers was modified to relate only to regular volunteers and only when required by State, Tribal or local laws; in the absence of such laws, the Health Services Advisory Committee must be consulted regarding the need for such screenings. Staff must also receive tuberculosis screenings.
The definition of "deficiency" was substantially revised to clarify the types of determinations which could result in a grantee being found deficient and which, therefore, would have to be addressed either immediately or under a Quality Improvement Plan.

PROVISIONS OF THE FINAL RULE

Based on our earlier consultation and regulation development process, and as a result of the changes resulting from comments received on the NPRM, the final rule includes the following key provisions:

The establishment of standards for infants and toddlers and their incorporation with the revised Program Performance Standards for serving preschool children, thereby establishing a single set of standards for Head Start programs serving children from birth to age 5;
The reorganization of the performance standards into three major new areas--Early Child Development and Health Services, Family and Community Partnerships, and Program Design and Management--in order to improve the integration of program requirements;
Revisions to the section on Child Health and Developmental Services in order to emphasize the importance of linking each child to an ongoing source of continuous, accessible, medical care, a "medical home," and to ensure that each child is, and remains, up-to-date on a schedule of age-appropriate preventive and primary health care;
A focus on two new sections concerning Family Partnerships and Community Partnerships in order to strengthen Head Start linkages with families and other community agencies; and
The establishment of a section on Program Design and Management which contains a number of new or significantly revised standards designed to improve overall program management and accountability at the local level.

EFFECTIVE DATE OF THE FINAL RULE

At the request of many commenters, the effective date has been extended to January 1, 1998. Thus, grantee and delegate agencies will have a number of months before the effective date of these standards. This will provide the opportunity for staff, parents and other community members to review and discuss the revised standards, to assess current services and program practices and procedures, and to plan program changes which will help assure quality services for children and families.

GUIDANCE, TRAINING AND TECHNICAL ASSISTANCE

A number of steps are being taken to support a thoughtful and well-organized implementation of the Program Performance Standards, including the development of program Guidance and multi-media training materials and the implementation of a multifaceted training and technical assistance effort.

By February 1997, we plan to mail Guidance on the Program Performance Standards to all grantee and delegate agencies. The Guidance will illustrate ways in which the standards can be implemented, recognizing that local programs may also develop other approaches that are appropriate for their communities.

A comprehensive training and technical assistance strategy is also being developed which will encompass on-site training sessions in the Regional Offices, network sessions in Washington, D.C., and satellite distance learning sessions. The group designing this training and materials will include Federal staff, representatives from local Head Start programs, child care and Title I programs, members of the Head Start Training and Technical Assistance Network, and Head Start Association representatives. The training will incorporate a variety of print and video materials developed and translated by the Head Start Bureau. Follow up technical assistance also will be available through the Regional Offices and the Head Start Training and Technical Assistance Network.

/S/
Helen H. Taylor
Associate Commissioner
Head Start Bureau