# Head Start Performance Standards > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2015-14379 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 19, 2015 - **Citation:** 80 FR 35430 ## Text DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Chapter XIII, Subchapter B RIN 0970-AC63 Head Start Performance Standards AGENCY: Office of Head Start, Administration for Children and Families (ACF), Department of Health and Human Services (HHS). ACTION: Notice of proposed rulemaking. SUMMARY: This NPRM proposes to update Head Start program performance standards, last revised in 1998, to meet Congress's requirements and improve the quality of Head Start. In the Improving Head Start for School Readiness Act of 2007, Congress instructed the Office of Head Start to update its performance standards by regulation and “ensure that any such revisions in the standards [do] not result in the elimination of or any reduction in quality, scope, or types of health, educational, parental involvement, nutritional, social, or other services.” The proposed performance standards incorporate extensive consultation with experts and findings from scientific research, reflect best practices, lessons from program input and innovation, integrate recommendations from the Secretary's Advisory Committee Final Report on Head Start Research and Evaluation, and reflect this Administration's deep commitment to improving the school readiness of young children. The proposed program performance standards will improve the quality of services, reduce bureaucratic burden on programs, and improve regulatory clarity and transparency. They provide a clear road map for current and prospective grantees to provide high quality Head Start services and to strengthen the outcomes of the children and families they serve. DATES: Please submit comments on this NPRM by August 18, 2015. ADDRESSES: Follow online instructions at www.regulations.gov to submit comments. This approach is our preferred method for receiving comments. Additionally, you may send comments via the United States Postal Service to: Office of Head Start, Attention: Director of Policy and Planning, 1250 Maryland Avenue SW., Washington, DC 20024. To ensure we can effectively respond to your comment(s), clearly identify the issue(s) on which you are commenting. Provide the page number, identify the column, and cite the paragraph from the Federal Register document, (i.e, On page 10999, second column, § 1305.6(a)(1)(i) . . .). All comments received are a part of the public record and will be posted for public viewing on www.regulations.gov , without change. That means all personal identifying information (such as name or address) will be publicly accessible. Please do not submit confidential information, or otherwise sensitive or protected information. We accept anonymous comments. If you wish to remain anonymous, enter “N/A” in the required fields. FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Office of Head Start Policy and Planning Division Director, (202) 358-3263, OHS_NPRM@acf.hhs.gov . SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Tables a. Table A: Redesignation b. Table B: Distribution III. Background a. Statutory Authority b. Expert and Stakeholder Consultation c. Overview of Major Proposed Revisions to Head Start Performance Standards IV. Discussion of Proposed Rule a. Program Governance b. Program Operations 1. Subpart A Eligibility, Recruitment, Selection, Enrollment and Attendance 2. Subpart B Program Structure 3. Subpart C Education and Child Development Program Services 4. Subpart D Health Program Services 5. Subpart E Family and Community Partnership Program Services 6. Subpart F Additional Services for Children With Disabilities 7. Subpart G Transition Services 8. Subpart H Services to Enrolled Pregnant Women 9. Subpart I Human Resource Management 10. Subpart J Program Management and Continuous Program Improvement c. Financial and Administrative Requirements 1. Subpart A Financial Requirements 2. Subpart B Administrative Requirements 3. Subpart C Protections for the Privacy of Child Records 4. Subpart D Delegation of Program Operations 5. Subpart E Facilities d. Federal Administrative Procedures 1. Subpart A Suspension, Termination, Denial of Refunding, Reduction in Funding and Their Appeals 2. Subpart B Designation Renewal 3. Subpart C Selection of Grantees Through Competition 4. Subpart D Replacement of American Indian/Alaska Native Grantee 5. Subpart E Head Start Fellows Program e. Definitions f. Effective Dates V. Regulatory Process Matters a. Regulatory Flexibility Act b. Regulatory Planning and Review Executive Order 12866 1. Need for Regulatory Action: Increasing the Benefits to Society of Head Start. 2. Cost and Savings Analysis i. Structural Program Option Provisions ii. Educator Quality Provisions iii. Curriculum and Assessment Provisions iv. Administrative/Managerial Provisions 3. Regulatory Impact Analysis i. Cost-Benefit Analysis ii. Accounting Statement 4. Distributional Effects 5. Regulatory Alternatives c. Unfunded Mandates Reform Act d. Treasury and General Government Appropriations Act of 1999 e. Federalism Assessment Executive Order 13132 f. Congressional Review g. Paperwork Reduction Act of 1995 I. Executive Summary Head Start currently provides comprehensive early learning services to nearly 1 million children from birth to age five each year through nearly 50,000 classrooms, home-based programs, and family child care partners nationwide. Since its inception in 1965, Head Start has been a leader in helping children from low-income families reach kindergarten more prepared to succeed in school and in life. Head Start is a central part of this Administration's effort to ensure all children have access to high quality early learning opportunities and to eliminate the education achievement gap. This proposed regulation is needed to improve the quality of Head Start services so that programs have a stronger impact on children's learning and development. It also is necessary to streamline and reorganize the regulatory structure to improve regulatory clarity and transparency so that existing grantees can more easily run a high quality Head Start program and so that Head Start will be more approachable to prospective grantees. In addition, this regulation is necessary to reduce the bureaucratic burden on local programs that can interfere with high quality service delivery. Once realized, we believe these regulatory changes will help ensure every child and family in Head Start is receiving high quality services that will lead to greater success in school and in life. In 2007, Congress mandated Head Start revise the program performance standards and update and raise the education standards. 1 Congress also prohibited elimination of, or any reduction in, the quality, scope, or types of services in the revisions. Thus, these proposed regulatory revisions are additionally intended to meet the statutory requirements Congress put forth in the bipartisan reauthorization of Head Start in 2007. 1 See http://beta.congress.gov/crec/2007/11/14/CREC-2007-11-14-pt1-PgS14375-2.pdf Head Start program performance standards are the foundation on which programs design and deliver comprehensive, high quality individualized services to support the school readiness of children from low-income families. The first set of Head Start program performance standards were published in the 1970s. Since then, they have been revised following subsequent Congressional reauthorizations and were last revised in 1998. The program performance standards set forth the requirements local grantees must meet to support the cognitive, social, emotional, and healthy development of children from birth to age five. They encompass requirements to provide education, health, mental health, nutrition, and family and community engagement services, as well as rules for local program governance and aspects of federal administration of the program. This NPRM builds upon extensive consultation with researchers, practitioners, recommendations from the Secretary's Advisory Committee Final Report on Head Start Research and Evaluation 2 and other experts, as well as internal analysis of program data and years of program input on the regulations. In addition, program monitoring has also provided invaluable experience regarding the strengths and weaknesses of the current regulations. Moreover, research and practice in the field of early childhood education has expanded exponentially in the 15 years since the regulations governing service delivery were last revised, providing a multitude of new insights on how to support improved child outcomes. 2 Advisory Committee on Head Start Research and Evaluation: Final Report. (2012). The Secretary's Advisory Committee, which consisted of expert researchers and practitioners chartered to “provide recommendations for improving Head Start program effectiveness” concluded early education programs, including Head Start, are capable of closing the achievement gap by 20-50%, but that Head Start is not reaching its potential. As part of their work, the Committee provided recommendations for interpreting the results of both the Head Start Impact Study (HSIS), 3 a randomized control trial study of children in Head Start in 2002-2003 through third grade, and the Early Head Start Research and Evaluation Project (EHSREP), 4 which was initiated in 1996 and followed children who were eligible to participate in Early Head Start. The Committee concluded that these findings should be interpreted in the context of the larger body of research that demonstrates that Head Start and Early Head Start “are improving family well-being and improving school readiness of children at or below the poverty line in the U.S. today.” The Committee agreed that the initial impact that both Head Start and Early Head Start have demonstrated “are in line with the magnitude of findings from other scaled-up programs for infants and toddlers . . . 5 and center-based programs for preschoolers . . .” 6 but also acknowledged that “larger impacts may be possible, e.g., by increasing dosage in EHS and Head Start or improving instructional factors in Head Start.” The Committee also addressed the finding that these impacts do not seem to persist into elementary school, stating that the larger body of research on Head Start's impacts provides “evidence of long-term positive outcomes for those who participated in Head Start in terms of high school completion, avoidance of problem behaviors, avoidance of entry into the criminal justice system, too-early family formation, avoidance of special education, and workforce attachment.” Overall, the report determined that a key factor for Head Start to realize its potential is “making quality and other improvements and optimizing dosage within Head Start [and Early Head Start].” The proposed rule aims to capitalize on the advancements in research, available data, program input, and these recommendations in order to accomplish the critical goal of helping Head Start reach its full potential so that more children reach kindergarten ready to succeed. 3 Puma, M., Bell, S., Cook, R., Heid, C., Broene, P., Jenkins, F., & Downer, J. (2012). Third grade follow-up to the Head Start impact study final report. U.S. Department of Health and Human Services Office of Planning, Research and Evaluation. 4 Cohen, R. C., Vogel, C. A., Xue, Y., Moiduddin, E. M., Carlson, B. L., Twin Peaks Partners, L. L. C., & Kisker, E. E. (2010). Early Head Start Children in Grade 5: Long-Term Follow-Up of the Early Head Start Research and Evaluation Project Study Sample. Washington, DC: US Department of Health and Human Services, Administration for Children and Families, Office of Planning, Research, and Evaluation, (6933). 5 U.S. Department of Health and Human Services, Administration for Children and Families. (2010). Office of Head Start Program Information Report, 2009-2010. Washington, DC. 6 Vogel, C. A., Boller, K. A., Xue, Y., Blair, R., Aikens, N., Burwick, A., . . . Stein, J. (2011). Learning as we go: A first snapshot of Early Head Start programs, staff, families and children. Washington, DC: Office of Planning, Research and Evaluation, Administration for Children and Families, U.S. Department of Health and Human Services. This NPRM proposes numerous changes to strengthen program standards so that all children and families receive high quality services that will have a stronger impact on child development and outcomes and family well-being. We propose to significantly update and restructure the education and child development requirements to more effectively promote high quality teaching practices and stronger curriculum implementation to better support focus on the skill development and growth needed for success in kindergarten and beyond. As recommended by the Advisory Committee and mandated by statute, we propose to integrate the Head Start Child Outcomes Framework with instructional practices, curriculum, assessment, and research-based professional development. The Secretary's Advisory Committee and a growing body of research find that curriculum enhancements or curricula intensely focused on key areas of skill development have a greater impact on child outcomes. We neither propose nor prohibit specific curricula, but we do propose to enhance curricula standards as recommended by the Secretary's Advisory Committee and a growing body of research, and as required by the 2007 Head Start Act. In addition, we propose to increase the positive impact of Head Start by increasing minimum hours and days of operation for most programs, which is aligned with recommendations from the Secretary's Advisory Committee. Our proposal is consistent with the higher dosage levels in many State pre-kindergarten programs that have shown strong effects, and it is supported by a strong body of research that demonstrates adequate exposure to learning opportunities is important for children at-risk for academic difficulties to make necessary gains. Research on the amount of time and type of activities needed to support effective teaching and curriculum practices for children who are behind also demonstrate the inadequacy of a half-day program. Children in Head Start programs operating under the current minimum requirements receive less than half the early learning services that many children receive in State pre-kindergarten and would receive at our new proposed minimums. Coupled with the proposed increases to education standards, we believe increasing the dosage minimums is essential to Head Start's effort to prepare children to succeed in school and beyond. This proposal is also consistent with the President's FY2016 Budget, which requests funding to ensure that children in Head Start are served in full-day, full-year programs without compromising access to the program. We propose additional important changes to other areas of service delivery. We propose requirements to update the prioritization criteria for selection and recruitment, improve attendance, prohibit expulsion for challenging behaviors, and ensure critical supports for children and families experiencing homelessness and children in foster care. We propose to update services to children with disabilities and their families to ensure they receive the individualized services they need within inclusive settings to be successful. In addition, we retain family and community engagement as the foundations they have always been in Head Start, but propose to improve family services by integrating research-based practices, placing a stronger focus on services to improve parenting skills that support child learning, and providing greater local flexibility to help meet family needs. Moreover, we propose to require programs to collect, aggregate, and analyze data to achieve program performance goals and consistently work to improve quality, a key recommendation offered by the Secretary's Advisory Committee. Finally, we propose to address both Head Start and Early Head Start simultaneously throughout this NPRM, which represents a significant change from and improvement over the existing rule. The current rule addresses Early Head Start in a more piecemeal fashion, often making interpretation of the regulations unnecessarily complex. This NPRM additionally proposes to entirely reorganize the body of existing regulations in order to improve clarity and transparency to make it easier for programs to implement and for the public to understand the broad range of program services in Head Start. The current program performance standards have over 1400 provisions organized in 11 different sections that have been amended in a partial or topical fashion over the past 40 years. This has resulted in a somewhat opaque set of requirements that can be unnecessarily challenging to interpret and that overburdens current grantees with process-laden rules. We propose four distinct sections: (1) Program Governance, which outlines the requirements imposed by the Act on Governing Bodies and Policy Councils to ensure well-governed Head Start programs; (2) Program Operations, which outlines all of the operational requirements for serving children and families, from the universe of eligible children and the services they must be provided in education, health, and family and community engagement, to the way programs must use data to improve the services they provide; and (3) Financial and Administrative Requirements, which lay out the federal requirements that Head Start programs must adhere to because of overarching federal requirements or specific provisions imposed in the Head Start Act; and (4) Federal Administrative Procedures, which govern the procedures the responsible HHS official takes when determining the results of competition for all grantees, determining any actions against a grantee, and determining whether a grantee needs to compete for renewed funding and other procedures required for transparency in the Act. Though some current grantees might find the changes to regulatory numbers and placement initially confusing, we believe this reorganization will greatly enhance the understanding and implementation of Head Start rules both for current and prospective grantees. Within this large reorganization we also propose to reorganize specific sections and streamline provisions to make Head Start requirements easier to understand for all interested parties—grantees, potential grantees, other early education programs, and members of the general public. Subparts and their sections were reorganized to eliminate redundancy, and related requirements were grouped together instead of interspersed as they are in the existing rule. Additionally, we propose to systematically address the fact that many of our most critical provisions are buried in subparts of the existing regulation in a way that makes them difficult to find and interpret, and that does not reflect their centrality to the provision of high quality services. For example, the reorganization proposes to create new sections or subparts to highlight and expand, where necessary, upon these incredibly important requirements. These include the proposed subparts on education services, transition services, and services for enrolled pregnant women. In addition, we propose revisions throughout the NPRM to streamline requirements and minimize administrative burden on local programs. In total, we significantly reduce the number of requirements without compromising quality. We propose to move away from requiring written plans and prescribing how specific requirements should be achieved in order to give greater flexibility to programs in determining the best way to achieve their goals, without reducing expectations. For example, we strengthen health and safety standards but eliminate unnecessarily prescriptive regulations that were burdensome. We anticipate these proposed changes will help move Head Start away from a compliance-oriented culture to an outcomes-focused one. Furthermore, we believe this will support better collaboration with other programs and funding streams. We recognize that grantees deliver services through a variety of modalities including child care and state pre-kindergarten programs that require the blending of funding streams and compliance with a host of regulations. Additionally, we propose to remove several overly prescriptive requirements related to policy groups, governing bodies, appeals, and audits. We also propose to include several provisions to support additional local flexibility to meet local community needs and to promote innovation and research. We propose to give Head Start programs additional flexibility in the structural requirements of program models, such as class size and service duration if they can demonstrate a locally-designed model is better for the children they serve. Further, in order to support continued research and innovation into effective curriculum and professional development models, we propose to permit local variations, giving flexibility from some of these requirements if the Head Start program works with research experts and evaluates the effectiveness of their model. We also propose to support local innovation by proposing that local programs can apply for a waiver for individual eligibility verification. This can allow better coordination with local early education programs without reducing quality standards. Collectively, these proposed changes will allow for the development of innovative program models, alleviate paperwork burdens, and support mixed income settings. We believe the benefits of these proposed changes will be significant for the children and families Head Start serves. Strengthening Head Start standards will improve child outcomes and promote greater success in school as well as produce higher returns on taxpayer investment. Reorganizing, streamlining, and reducing the regulations will make Head Start more approachable for potential grantees and less burdensome for existing grantees. These changes are central to the Administration's belief that every child deserves an opportunity to succeed and that all children should graduate from high school college- and career-ready. II. Tables In this NPRM, we propose to rearrange and renumber Head Start program performance standards under subchapter B at 45 CFR Chapter XIII. We believe our efforts will provide current and prospective grantees an organized road map on how to provide high quality Head Start services. We include redesignation and distribution tables to help the public readily locate current sections and provisions we propose to rearrange and renumber. Table A, the redesignation table, lists the current section and identifies the section we propose will replace it. Table B, the distribution table, lists current provisions and shows whether we removed, revised, or redesignated them. Table A—Redesignation Table Current section Proposed section 1301.1 1303.2 1301.20 1305 1301.10 1303.3 1301.11 1303.12 1301.20 1303.4 1301.21 1303.4 1301.30 1303.10 1301.31 1302.90, 1302.102 1301.32 1303.5 1301.33 1303.31 1301.34 1304.5, 1304.7 1302.1 1304.1 1302.2 1305 1302.5 1304.2, 1304.3, 1304.4 1302.10 1304.20 1302.11 1304.20 1302.30 1304.30 1302.31 1304.31 1302.32 1304.32 1303.1 1304.1, 1303.30 1303.2 1305 1303.10 1304.1 1303.11 1304.2 1303.12 1304.3 1303.14 1304.4 1303.21 1304.7 1303.22 1304.7 1304.1 1302.1 1304.3 1305 1304.20 1302.42, 1302.33, 1302.41, 1302.61, 1302.46, 1302.63 1304.21 1302.30, 1302.31, 1302, 1302.35, 1302.60, 1302.90, 1302.34, 1302.33, 1302.46, 1302.21 1304.22 1302.47, 1302.92, 1302.15, 1302.90, 1302.41, 1302.42, 1302.46 1304.23 1302.42, 1302.44, 1302.31, 1302.44, 1302.90, 1302.31, 1302.46 1304.24 1302.46, 1302.45 1304.40 1302.50, 1302.52, 1302.80, 1302.18, 1302.34, 1302.51, 1302.30, 1302.18, 1302.81, 1302.46, 1302.52, 1302.70, 1302.71, 1302.72, 1302.22, 1302.82 1304.41 1302.53, 1302.63, 1302.70, 1302.71 1304.50 1301.1, 1301.4, 1302.102, 1301.3, 1301.5 1304.51 1302.101, 1302.90, 1303.23, 1302.102, 1301.3, 1303.32 1304.52 1302.101, 1302.91, 1302.90, 1302.91, 1302.21, 1303.3, 1302.93, 1302.94, 1302.92, 1301.2 1304.53 1302.31, 1302.21, 1302.47, 1302.22, 1302.23 1304.60 1302.102, 1304.2 1305.1 1302.10 1305.2 1305 1305.3 1302.11, 1302.102, 1302.20 1305.4 1302.12 1305.5 1302.13, 1302.14, 1305.6 1302.14 1305.7 1302.12, 1302.15, 1302.70 1305.8 1302.16 1305.9 1302.18 1305.10 1304.4 1306.3 1305 1306.20 1302.101, 1302.21, 1302.90, 1302.23, 1302.20 1306.21 1302.91 1306.23 1302.92 1306.30 1302.20, 1302.21, 1302.22, 1302.23 1306.31 1302.20 1306.32 1302.21, 1302.24, 1302.17, 1302.102, 1302.34, 1302.18 1306.33 1302.22, 1302.101 , 1302.91, 1302.35, 1302.44, 1302.23, 1302.31, 1301.4, 1302.47, 1302.45, 1302.24 1307.1 1304.10 1307.2 13051305 1307.3 1304.11 1307.4 1304.12 1307.5 1304.13 1307.6 1304.14 1307.7 1304.15 1307.8 1304.16 1308.1 1302.60 1308.3 1305 1308.4 1302.101, 1302.61, 1302.63, 1303.75 1308.5 1302.12, 1302.13 1308.6 1302.33, 1302.42, 1302.34, 1302.33 1308.18 1302.47 1308.21 1302.61, 1302.62, 1302.34 1309.1 1303.40 1309.2 1303.41 1309.3 1305 1309.4 1303.42, 1303.44, 1303.45, 1303.48, 1303.50 1309.21 1305, 1303.51, 1303.48, 1303.50, 1303.46, 1303.47, 1303.48, 1303.55, 1303.3 1309.22 1303.49, 1303.51 1309.31 1303.44, 1303.47 1309.33 1303.56 1309.40 1303.53 1309.41 1303.54 1309.43 1303.43 1309.52 1303.55 1309.53 1303.56 1310.2 1303.70 1310.3 1305 1310.10 1303.70, 1303.71, 1303.72 1310.14 1303.71 1310.15 1303.72 1310.16 1303.72 1310.17 1303.72 1310.20 1303.73 1310.21 1303.74 1310.22 1303.75 1310.23 1303.70 Table B Distribution Table Current section Title Proposed section 1301 1301.1 Purpose and scope 1303.2 Redesignated. 1301.2 Definitions 1305 1301.10(a) General 1303.3 1301.10(b)(1) Removed. 1301.10(b)(2) Removed. 1301.11(a) Insurance and bonding 1303.12 1301.11(b) 1303.12 1301.12(a) Annual Audit of Head Start programs Removed. 1301.12(a)(1) Removed. 1301.12(a)(2) Removed. 1301.12(a)(3) Removed. 1301.12(b) Removed. 1301.12(c) Removed. 1301.13(a) Accounting system certification Removed. 1301.13(b) Removed. 1301.20(a) Matching requirements 1303.4 1301.20(a)(1) Removed. 1301.20(a)(2) Removed. 1301.20(a)(3) Removed. 1301.20(b) Removed. 1301.20(c) Removed. 1301.21 Criteria for increase in Federal financial assistance 1303.4 1301.21(a) Removed. 1301.21(b) Removed. 1301.30 General requirements 1303.10 1301.31(a) Personnel policies 1302.90(a) 1301.31(a)(1) Removed. 1301.31(a)(2) Removed. 1301.31(a)(3) Removed. 1301.31(a)(4) Removed. 1301.31(a)(5) Removed. 1301.31(a)(6) Removed. 1301.31(a)(7) Removed. 1301.31(b)(1)(i) 1302.90(b)(1) 1301.31(b)(1)(ii) 1302.90(b)(1) 1301.31(b)(1)(iii) 1302.90(b)(1)(i)-(iv) 1301.31(b)(2) Removed. 1301.31(b)(2)(i) Removed. 1301.31(b)(2)(ii) Removed. 1301.31(b)(2)(iii) Removed. 1301.31(b)(3) 1302.90(b)(2) 1301.31(c) Removed. 1301.31(c)(1) Removed. 1301.31(c)(2) Removed. 1301.31(c)(3) Removed. 1301.31(c)(4) Removed. 1301.31(d) Removed. 1301.31(e) 1302.102(d)(2)(ii) 1302.102(d)(2)(iii)(A)-(B) 1301.32(a)(1) Limitations on costs of development and administration of a Head Start program 1303.5(a)(1) 1301.32(a)(2) 1303.5(a)(1) 1301.32(b)(1) 1305 1301.32(b)(2) 1305 1301.32(b)(3) 1305 1301.32(b)(4) 1305 1301.32(b)(5) 1305 1301.32(c)(1) 1305 1301.32(c)(2) 1305 1301.32(c)(3) 1305 1301.32(c)(4) 1305 1301.32(d)(1) 1305 1301.32(d)(2) 1305 1301.32(d)(3) 1305 1301.32(e)(1) 1303.5(a)(2)(i) 1301.32(e)(2) Removed. 1301.32(f)(1) 1303.5(a)(2)(iv) 1301.32(f)(2) 1303.5(a)(2)(iv) 1301.32(f)(3) 1303.5(a)(2)(iii) 1301.32(g)(1) 1303.5(b)(1) 1301.32(g)(1)(i) 1303.5(b)(1) 1301.32(g)(1)(ii) 1303.5(b)(1) 1301.32(g)(2) 1303.5(b)(2) 1301.32(g)(3) 1303.5(b)(2) 1301.32(g)(4) Removed. 1301.32(g)(5) Removed. 1301.33 Delegation of program operations 1303.31(b) 1301.34 Grantee appeals 1304.5 1304.7 1302 Selection, Initial Funding and Refunding of HS Grantees and Selection of Replacement Grantees 1302.1 Purpose and Scope 1304.1 1302.2 Definitions 1305 1302.3 Consultation with public officials and consumers Removed. 1302.4 Transfer of unexpended balances Removed. 1302.5(a) Notice for show cause and hearing 1304.2 1304.3 1302.5(b) 1304.4 1302.10(a) Selection among applicants Removed. 1302.10(b) 1304.20(a) 1302.10(b)(1) Removed. 1302.10(b)(2) Removed. 1302.10(b)(3) Removed. 1302.10(b)(4) Removed. 1302.10(b)(5) Removed. 1302.11(a) Selection among applicants to replace grantee 1304.20(b) 1302.11(b) 1304.20(b) 1302.11(c) 1304.20(b) 1302.20(a) Grantee to show both legal status and financial viability Removed. 1302.20(b) Removed. 1302.20(c) Removed. 1302.21(a) Grantee shows legal status but not financial viability Removed. 1302.21(a)(1) Removed. 1302.21(a)(2) Removed. 1302.21(b) Removed. 1302.21(c) Removed. 1302.22 Suspension or termination of grantee which shows financial viability but not legal status Removed. 1302.23 Suspension or termination of grantee which shows legal status but not financial viability 1302.23(a) Removed. 1302.24 Denial of refunding of grantee 1302.24(a) Removed. 1302.24(b) Removed. 1302.24(c) Removed. 1302.24(d) Removed. 1302.25(a) Control of funds of grantee scheduled for change Removed. 1302.25(b) Removed. 1302.25(c) Removed. 1302.30(a) Procedure for identification of alternative agency 1304.30(a) 1302.30(1) 1304.30(a)(1) 1302.30(2) 1304.30(a)(2) 1302.30(b)(1) 1304.30(b)(1) 1302.30(2) 1304.30(b)(2) 1302.30(3) 1304.30(b)(3) 1302.30(4) 1304.30(b)(4) 1302.30(c) 1304.30(c) 1302.30(d) 1304.30(d) 1302.31 Requirements of alternative agency 1304.31 1302.32(a) Alternative agency—prohibition 1304.32(a) 1302.32(1) 1304.32(a)(1) 1302.32(2) 1304.32(a)(2) 1302.32(i) 1304.32(a)(2)(i) 1302.32(II) 1304.32(a)(2)(ii) 1302.32(b) 1304.32(b) 1303 Selection, initial funding and refunding of HS grantees and selection of replacement grantees Subpart A General 1303.1 Purpose and application 1303.30 1304.1 1303.2 Definitions 1305 1303.3(a) Right to attorney, attorney fees, and travel costs Removed. 1303.3(a)(1) Removed. 1303.3(a)(2) Removed. 1303.3(b) Removed. 1303.3(c) Removed. 1303.4 Remedies Removed. 1303.5 Service of process. Removed. 1303.6 Successor agencies and officials Removed. 1303.7(a) Effect of failure to file or serve documents in a timely manner Removed. 1303.7(b) Removed. 1303.7(c) Removed. 1303.7(d) Removed. 1303.8(a) Waiver of requirements. Removed. 1303.8(b) Removed. 1303.8(c)(1) Removed. 1303.8(c)(2) Removed. 1303.8(c)(3) Removed. 1303.8(c)(4) Removed. 1303.8(d) Removed. 1303.8(e) Removed. 1303.8(f) Removed. 1303.8(g) Removed. 1303.10(a) Purpose 1304.1 1303.10(b) 1304.1 1303.11(a) Suspension on notice and opportunity to show cause 1304.2(a) 1303.11(b) 1304.2(b) 1303.11(b)(1) 1304.2(b)(1)(i) 1303.11(b)(2) 1304.2(b)(1)(ii) 1303.11(b)(3) 1304.2(b)(1)(iii) 1303.11(b)(4) 1304.2(b)(1)(iii) 1303.11(b)(5) 1304.2(b)(1)(iv) 1303.11(b)(6) 1304.2(b)(1)(v) 1303.11(c) 1304.2(c) 1303.11(d) 1304.2(d) 1303.11(e) 1304.2(b)(3) 1303.11(f) 1304.2(b)(4) 1303.11(g) 1304.2(e)(1) 1303.11(h) 1304.2(b)(2) 1303.11(i) 1304.2(f) 1303.11(j) 1304.2(e)(4) 1303.11(k) 1304.2(g) 1303.12(a) Summary suspension and opportunity to show cause 1304.3(a) 1303.12(a)(1) 1304.3(a) 1303.12(a)(2) 1304.3(a) 1303.12(a)(3) 1304.3(a) 1303.12(b) 1304.3(b) 1303.12(c) 1304.3(b)(1) 1303.12(c)(1) 1304.3(b)(1)(i) 1303.12(c)(2) 1304.3(b)(1)(i) 1303.12(c)(3) 1304.3(b)(1)(ii) 1303.12(c)(4) 1304.3(b)(1)(iii) 1303.12(c)(5) 1304.3(b)(1)(iv) 1303.12(d) 1304.3(c) 1303.12(e) 1304.3(b)(3-4) 1303.12(f) 1304.3(d)(3) 1303.12(f)(1) 1304.3(d)(3) 1303.12(f)(2) 1304.3(d)(3) 1303.12(f)(3) 1304.3(d)(3) 1303.12(f)(4) 1304.3(d)(3) 1303.12(g) Removed. 1303.12(h)(1) Removed. 1303.12(h)(2) Removed. 1303.12(h)(3) Removed. 1303.12(i) 1304.3(d)(1) 1303.12(j) 1304.3(d)(1-2) 1303.12(k) 1304.3(e) 1303.12(l) 1304.3(d)(4) 1303.12(m) 1304.3(e) 1303.12(n) 1304.3(f) 1303.13(a) Appeal by a grantee of a suspension continuing for more than 30 days Removed. 1303.13(b) Removed. 1303.13(c)(1) Removed. 1303.13(c)(2) Removed. 1303.13(c)(3) Removed. 1303.13(d) Removed. 1303.13(e) Removed. 1303.13(f) Removed. 1303.13(g) Removed. 1303.13(h) Removed. 1303.13(i) Removed. 1303.14(a) Appeal by a grantee from a termination of financial assistance 1304.4(a)(1) 1303.14(b) 1304.4(a)(2) 1303.14(b)(1) 1304.4(a)(2)(i) 1303.14(b)(2) 1304.4(a)(2)(ii) 1303.14(b)(3) 1304.4(a)(2)(iii) 1303.14(b)(4) 1304.4(a)(2)(iv) 1303.14(b)(5) 1304.4(a)(2)(v) 1303.14(b)(6) 1304.4(a)(2)(vii) 1303.14(b)(7) 1304.4(a)(2)(viii) 1303.14(b)(8) 1304.4(a)(2)(ix) 1303.14(b)(9) 1304.4(a)(2)(x) 1303.14(c) 1304.4(b)(1) 1303.14(c)(1) 1304.4(b)(1)(i-iii) 1303.14(c)(2) 1304.4(b)(1)(iv) 1303.14(c)(3) 1304.4(b)(1)(v) 1303.14(c)(4) 1304.4(b)(1)(vi) 1303.14(c)(5) 1304.4(b)(1)(vii) 1303.14(c)(6) 1304.4(b)(1)(vii) 1303.14(d)(1) Removed. 1303.14(d)(2) Removed. 1303.14(d)(3) Removed. 1303.14(d)(4) Removed. 1303.14(d)(5) Removed. 1303.14(d)(6) Removed. 1303.14(d)(7) Removed. 1303.14(d)(8) 1304.4(c)(1) 1303.14(e)(1) Removed. 1303.14(e)(2) Removed. 1303.14(e)(3) Removed. 1303.14(f)(1) 1304.4(c)(2) 1303.14(f)(2) 1304.4(e) 1303.14(f)(3) 1304.4(f)(1) 1303.14(f)(4) 1304.4(f)(2) 1303.14(g) 1304.4(g)(1-2) 1303.14(h) 1304.4(g)(3) 1303.14(i) 1304.4(h) 1303.14(j) 1304.4(g)(4-5) 1303.14(k) 1304.4(g)(6) 1303.15(a) Appeal by a grantee from a denial of refunding 1304.4(a)(1) 1303.15(b) 1304.4(b)(2) 1303.15(b)(1) 1304.4(b)(1)(iv) 1303.15(b)(2) 1304.4(b)(1)(iv) 1303.15(c) 1304.4(a)(2) 1303.15(d) 1304.4(b)(1) 1303.15(d)(1) 1304.4(b)(1)(i-iii) 1303.15(d)(2) 1304.4(b)(1)(vi) 1303.15(d)(3) 1304.4(g)(3) 1303.15(d)(4) Removed. 1303.15(e) 1304.4(b)(1)(v) 1303.15(f) 1304.4(g)(3) 1303.15(g) 1304.4(g)(4) 1303.15(h)(1) Removed. 1303.15(h)(2) Removed. 1303.15(h)(3) Removed. 1303.16(a) Conduct of hearing Removed. 1303.16(b) Removed. 1303.16(c) Removed. 1303.16(d) Removed. 1303.16(e) Removed. 1303.16(f) Removed. 1303.16(g) Removed. 1303.16(h) Removed. 1303.17(a) Time for hearing and decision Removed. 1303.17(b) Removed. 1303.17(c)(1) Removed. 1303.17(c)(2) Removed. 1303.17(c)(3) Removed. 1303.20(a) Appeals to grantees by current or prospective delegate agencies of rejection of an application, failure to act on an application or termination of a grant or contract Removed. 1303.20(b) Removed. 1303.20(c) Removed. 1303.20(d) Removed. 1303.20(e)(1) Removed. 1303.20(e)(2) Removed. 1303.20(e)(3) Removed. 1303.20(f) Removed. 1303.20(g) Removed. 1303.21(a) Procedures for appeal by current or prospective delegate agencies to the responsible HHS official from denials by grantees of an application or failure to act on an application 1304.7(a)—first half 1304.7(b)—second half 1303.21(b)(1) Removed. 1303.21(b)(2) Removed. 1303.21(b)(3) Removed. 1303.21(b)(4) Removed. 1303.21(b)(5) Removed. 1303.21(b)(6) Removed. 1303.21(b)(7) Removed. 1303.21(c) Removed. 1303.21(d) 1304.7(c) 1303.21(e)(1) Removed. 1303.21(e)(2) Removed. 1303.21(f) 1304.7(c) 1303.21(g) Removed. 1303.21(h) Removed. 1303.21(i)(1) Removed. 1303.21(i)(2) Removed. 1303.21(i)(3) Removed. 1303.21(i)(4) Removed. 1303.22(a) Decision on appeal in favor of grantee Removed. 1303.22(b) 1304.7(d)(1) 1303.22(c) Removed. 1303.22(d) Removed. 1303.23(a) Decision on appeal in favor of the current or prospective delegate agency Removed. 1303.23(b) Removed. 1303.23(c) Removed. 1303.23(c)(1) Removed. 1303.23(c)(2) Removed. 1303.23(d) Removed. 1303.23(e) Removed. 1303.24 OMB control number Removed. 1304 Program performance standards for operation 1304.1 Purpose and scope 1302.1 Revised. 1304.2 Effective date Removed. 1304.3 Definitions 1305 1304.20(a)(1)(i) Child health and developmental services 1302.42(a) 1302.17. Revised. 1304.20(a)(1)(ii) 1302.42(b)(1)(i) 1304.20(a)(1)(ii)(A) 1302.42(b)(1)(ii) 1304.20(a)(1)(ii)(B) 1302.42(c)(1) 1304.20(a)(1)(ii)(C) 1302.42(d)(1)(ii) 1304.20(a)(1)(iii) 1302.42(d)(1)(i) 1304.20(a)(1)(iv) 1302.42(d)(1) 1304.20(a)(2) 1302.42(b)(3) 1304.20(b)(1) 1302.33(a)(1). 1302.33(c)(1)(iii). 1302.41(a). 1302.42(b)(2) 1304.20(b)(2) 1302.33(a)(2) 1304.20(b)(3) 1302.33(a)(1) 1304.20(c)(1) 1302.41(a) 1304.20(c)(2) 1302.42(d)(2) 1304.20(c)(3)(i) 1302.42(c)(3) 1304.20(c)(3)(ii) 1302.42(c)(3) 1304.20(c)(4) 1302.61(b)(2) 1304.20(c)(5) 1302.42(e) 1304.20(d) 1302.33(b). 1302.42(c)(2). 1302.42(d)(1)(ii) 1304.20(e)(1) 1302.41(a) 1304.20(e)(2) 1302.34(b)(5) 1302.46(b)(1)(iv) 1302.46(b)(2)(i) 1304.20(e)(3) 1302.46(b)(2)(ii) 1304.20(e)(4) 1302.41(a). 1302.46(b)(2)(iii) 1304.20(e)(5) 1302.41(b) 1304.20(f)(1) 1302.33(b) 1304.20(f)(2)(i) 1302.61(b)(2)(ii) 1304.20(f)(2)(ii) 1302.63(a)-(c). 1302.62(a)(3) 1304.20(f)(2)(iii) 1302.61(b)(3)(i) 1304.20(f)(2)(iv) 1302.63(c) 1304.21(a)(1)(i) Education and early childhood development 1302.30. 1302.31(b)(1)(i). 1302.35(a) 1304.21(a)(1)(ii) 1302.30. 1302.60 1304.21(a)(1)(iii) 1302.90(c)(1)(ii) 1304.21(a)(1)(iv) 1302.31(c) 1304.21(a)1)(v) Removed. 1304.21(a)(2)(i) 1302.34(b)(3) 1304.21(a)(2)(ii) 1302.33(b)(2) 1304.21(a)(2)(iii) 1302.34(b)(2). 1302.34(b)(6) 1304.21(a)(3) Integrated throughout Subpart C 1304.21(a)(3)(i) Removed. 1304.21(a)(3)(i)(A) Removed. 1304.21(a)(3)(i)(B) Removed. 1304.21(a)(3)(i)(C) Removed. 1304.21(a)(3)(i)(D) Removed. 1304.21(a)(3)(i)(E) 1302.30. 1302.35(d). 1302.90(c)(1)(ii) 1304.21(a)(3)(ii) 1302.31(e)(3) 1304.21(a)(4) Integrated throughout Subpart C 1304.21(a)(4)(i) 1302.31(c) 1304.21(a)(4)(ii) 1302.31(b)(1)(iv). 1302.35(a) 1304.21(a)(4)(iii) 1302.31(b)(1)(ii). 1302.35(e)(3) 1304.21(a)(4)(iv) 1302.31(b)(1)(i). 1302.31(b)(1)(iv). 1302.31(d) 1304.21(a)(5) Integrated throughout Subpart C 1304.21(a)(5)(i) 1302.31(c)-(d) 1304.21(a)(5)(ii) 1302.31(c)-(d) 1304.21(a)(5)(iii) 1302.30. 1302.60 1304.21(a)(6) 1302.35(a). 1302.46(b)(1)(i) 1304.21(b)(1)(i) 1302.21(b)(2). 1302.31(b)(1)(ii). 1302.90(d)(1) 1304.21(b)(1)(ii) 1302.31(b)(1)(ii) 1304.21(b)(1)(iii) 1302.31(c) 1304.21(b)(2). Integrated throughout Subpart C 1304.21(b)(2)(i) Removed. 1304.21(b)(2)(ii) 1302.31(b)(1)(ii). 1304.21(b)(3) Integrated throughout Subpart C 1304.21(b)(3)(i) Removed. 1304.21(b)(3)(ii) Removed. 1304.21(c)(1) 1302.32 1304.21(c)(1)(i) 1302.32(a)(1)(ii) 1304.21(c)(1)(ii) 1302.31(b)(1)(ii). 1302.32(a)(1)(ii)-(iii). 1304.21(c)(1)(iii) Removed. 1304.21(c)(1)(iv) Removed. 1304.21(c)(1)(v) Removed. 1304.21(c)(1)(vi) Removed. 1304.21(c)(1)(vii) 1302.31(c)(1) 1304.21(c)(2) 1302.33(b) 1304.22(a) Child health and safety 1302.47(b)(7) 1304.22(a)(1) Removed. 1304.22(a)(2) Removed. 1304.22(a)(3) Removed. 1304.22(a)(4) Removed. 1304.22(a)(5) 1302.92(b)(1) 1304.22(b)(1) 1302.47(b)(8)(iii) 1304.22(b)(2) 1302.14(b)(2). 1302.17(b) 1304.22(b)(3) Second sentence 1302.90(c)(1)(iii) First sentence removed. 1304.22(c) 1302.47(b)(4)(iii). 1302.47(b)(8)(iv) 1304.22(c)(1) Removed. 1304.22(c)(2) Removed. 1304.22(c)(3) Removed. 1304.22(c)(4) Removed. 1304.22(c)(5) 1302.41(a). 1302.42(d)(2) 1304.22(c)(6) 1302.47(b)(4)(iii) 1304.22(d)(1) 1302.47(b)(4)-(5) 1304.22(d)(2) 1302.46(a) 1304.22(e)(1) 1302.47(b)(7) 1304.22(e)(1)(i) 1302.47(b)(7)(i) 1304.22(e)(1)(ii) 1302.47(b)(7)(ii) 1304.22(e)(1)(iii) 1302.47(b)(7)(iii) 1304.22(e)(1)(iv) Removed. 1304.22(e)(2) Removed. 1304.22(e)(2)(i) Removed. 1304.22(e)(2)(ii) Removed. 1304.22(e)(2)(iii) Removed. 1304.22(e)(3) Removed. 1304.22(e)(4) 1302.47(b)(7)(iii) 1304.22(e)(5) 1302.47(b)(7)(i) 1304.22(e)(6) Removed. 1304.22(e)(7) 1302.47(b)(4)(i) Removed. 1304.22(f)(1) 1302.47(b)(1)(iv)(A) 1304.22(f)(2) Removed. 1304.23(a)(1) Child nutrition 1302.42(b)(4) 1304.23(a)(2) 1302.42(b)(4). 1302.44(a)(1) 1304.23(a)(3) 1302.44(a)(2)(iv) 1304.23(a)(4) 1302.42(b)(4) 1304.23(b)(1) 1302.44(a)(1) 1304.23(b)(1)(i) 1302.44(b) 1304.23(b)(1)(ii) 1302.44(a)(2)(ii) 1304.23(b)(1)(iii) 1302.44(a)(2)(vi) 1304.23(b)(1)(iv) 1302.44(a)(2)(iv) 1304.23(b)(1)(v) 1302.44(a)(2)(iii) 1304.23(b)(1)(vi) 1302.44(a)(2)(iii) 1304.23(b)(1)(vii) First sentence removed. 1302.44(a)(2)(iv) 1304.23(b)(2) 1302.44(a)(2)(vii) 1304.23(b)(3) 1302.43 1304.23(b)(4) Removed. 1304.23(c) 1302.31(e)(2) 1304.23(c)(1) Removed. 1304.23(c)(2) 1302.31(e)(2). 1302.90(c)(1)(i)(D) 1304.23(c)(3) 1302.31(e)(2) 1304.23(c)(4) 1302.31(e)(2) 1304.23(c)(5) 1302.31(e)(2). 1302.44(a)(2)(v) 1304.23(c)(6) 1302.44(a)(1) 1304.23(c)(7) Removed. 1304.23(d) 1302.46(b)(1)(ii) 1304.23(e)(1) Removed. 1304.23(e)(2) 1302.44(a)(2)(viii) 1304.24 Child mental health 1304.24(a)(1) 1302.41(a) 1304.24(a)(1)(i) 1302.46(b)(1)(iv) 1304.24(a)(1)(ii) 1302.46(b)(1)(iv) 1304.24(a)(1)(iii) 1302.46(b)(1)(iv) 1304.24(a)(1)(iv) 1302.45(a)(1) 1304.24(a)(1)(v) 1302.46(b)(2)(i) 1304.24(a)(1)(vi) Removed. 1304.24(a)(2) 1302.45(b) 1304.24(a)(3)(i) 1302.45(a)(1). 1302.45(b)(1) 1304.24(a)(3)(ii) 1302.45(a)(1)-(2) 1304.24(a)(3)(iii) 1302.45(b)(2) 1304.24(a)(3)(iv) 1302.45(a)(3) 1304.40(a)(1) Family partnerships 1302.50(b)(2). 1302.52(a)-(b) 1304.40(a)(2) 1302.52(c) 1304.40(a)(3) 1302.52(d) 1304.40(a)(4) 1302.50(a) 1304.40(a)(5) 1302.50(b)(2) 1304.40(b)(1) 1302.52(c) 1304.40(b)(1)(i) Removed. 1304.40(b)(1)(ii) Removed. 1304.40(b)(1)(iii) Removed. 1304.40(b)(2) 1302.52(c)(3) 1304.40(c)(1) 1302.80(c) 1304.40(c)(1)(i) 1302.80(c) 1304.40(c)(1)(ii) 1302.80(c) 1304.40(c)(1)(iii) 1302.80(c) 1304.40(c)(2) 1302.81(a) 1304.40(c)(3) 1302.44(a)(2)(viii). 1302.81(a) 1304.40(d)(1) 1302.50 Removed last sentence. 1304.40(d)(2) 1302.17(c). 1302.34(a). 1302.34(b)(1) 1304.40(d)(3) 1302.34(b)(4) 1304.40(e)(1) Removed. 1304.40(e)(2) Removed. 1304.40(e)(3) 1302.30. 1302.51 1304.40(e)(4) Removed. 1304.40(e)(4)(i) Removed. 1304.40(e)(4)(ii) Removed. 1304.40(e)(5) 1302.34(b)(2) 1304.40(f)(1) 1302.46(a) 1304.40(f)(2)(i) 1302.46(b)(2)(iii) 1304.40(f)(2)(ii) 1302.41(a) 1304.40(f)(2)(iii) 1302.46(b)(1)(i). 1302.46(b)(2) 1304.40(f)(3)(i) 1302.46(b)(1)(ii) 1304.40(f)(3)(ii) 1302.46(b)(1)(ii) 1304.40(f)(4) 1302.46(b)(1)(iv) 1304.40(f)(4)(i) Removed. 1304.40(f)(4)(ii) Removed. 1304.40(f)(4)(iii) Removed. 1304.40(g)(1)(i) Removed. 1304.40(g)(1)(ii) 1302.52(c) 1304.40(g)(2) Removed. 1304.40(h)(1) 1302.70(b). 1302.71(b)(1) 1304.40(h)(2) 1302.71(b)(2)(i) 1302.71(c) 1304.40(h)(3) 1302.71(c) 1302.72(b)(1) 1304.40(h)(3)(i) 1302.72(b)(2)(iii) 1304.40(h)(3)(ii) 1302.72(b)(2)(iv) 1304.40(h)(4) Removed. 1304.40(i)(1) 1302.17(c) Second sentence removed. 1304.40(i)(2) 1302.34(b)(6) Second sentence removed. 1304.40(i)(3) Removed. 1304.40(i)(4) 1302.34(b)(6). 1302.22(a) 1304.40(i)(5) 1302.22(c)(1) 1304.40(i)(6) 1302.82(b) 1304.41(a)(1) Community partnerships 1302.53(a) Second sentence removed. 1304.41(a)(2) 1302.53(b)(1) 1304.41(a)(2)(i) 1302.53(b)(2)(i) 1304.41(a)(2)(ii) 1302.53(b)(2)(i) 1304.41(a)(2)(iii) 1302.53(b)(2)(i) 1304.41(a)(2)(iv) 1302.53(b)(2)(ii) 1304.41(a)(2)(v) 1302.53(b)(2)(iii) 1304.41(a)(2)(vi) 1302.53(b)(2)(iii) 1304.41(a)(2)(vii) 1302.53(b)(2)(iv) 1304.41(a)(2)(viii) 1302.53(b)(2)(ii) 1304.41(a)(2)(ix) 1302.53(b)(2)(viii) 1304.41(a)(3) Removed. 1304.41(a)(4) 1302.63(b) 1304.41(b) 1302.53(c) Removed second sentence. 1304.41(c)(1) 1302.70(a). 1302.71(a) 1304.41(c)(1)(i) 1302.70(d)(2)(i) 1302.71(c)(2)(i) 1304.41(c)(1)(ii) 1302.71(c)(2)(ii) 1302.70(d)(2)(ii) 1304.41(c)(1)(iii) 1302.71(b)(2)(iv) 1304.41(c)(1)(iv) 1302.71(c)(2)(iii) 1304.41(c)(2) 1302.70(b) 1304.41(c)(3) Removed. 1304.50(a)(1) Program Design and Management 1301.1 1304.50(a)(1)(i) 1301.4(a) 1304.50(a)(1)(ii) 1301.4(a) 1304.50(a)(1)(iii) Removed. 1304.50(a)(2) Removed. 1304.50(a)(3) 1301.4(b)—First sentence 1301.4(d)(4)—Second sentence 1304.50(a)(4) 1301.4(a) 1304.50(a)(5) Removed. 1304.50(b)(1) Removed. 1304.50(b)(2) 1301.4(b) 1304.50(b)(3) 1301.4(b) 1304.50(b)(4) 1301.4(d)(2) 1304.50(b)(5) 1301.4(d)(3) 1304.50(b)(6) Removed. 1304.50(b)(7) 1301.4(b) 1304.50(c) 1301.4(c) 1304.50(d)(1) 1301.4(c) 1304.50(d)(1)(i) 1301.4(c) 1304.50(d)(1)(ii) Removed. 1304.50(d)(1)(iii) 1301.1 1304.50(d)(1)(iv) 1301.1. 1302.102(a) 1304.50(d)(1)(v) 1301.4(c) 1304.50(d)(1)(vi) Removed. 1304.50(d)(1)(vii) 1301.4(c) 1304.50(d)(1)(viii) 1301.4(c)(2). 1302.102(b)(2)(ii) 1304.50(d)(1)((ix) 1301.4(c) 1304.50(d)(1)(x) Removed. 1304.50(d)(1)(xi) 1301.4(c) 1304.50(d)(2)(i) Removed. 1304.50(d)(2)(ii) Removed. 1304.50(d)(2)(iii) Removed. 1304.50(d)(2)(iv) Removed. 1304.50(d)(2)(v) Removed. 1304.50(e) Removed. 1304.50(e)(1) Removed. 1304.50(e)(2) Removed. 1304.50(e)(3) Removed. 1304.50(f) 1301.4(e) 1304.50(g)(1) Removed. 1304.50(g)(2) 1301.3(b)(1) 1304.50(h) 1301.5(a) Appendix A Removed. 1304.51(a)(1) Management systems and procedures 1302.100 1304.51(a)(1)(i) 1302.102(a)(3) 1304.51(a)(1)(ii) 1302.102(a). 1302.102(c)(iii) 1304.51(a)(1)(iii) Removed. 1304.51(a)(2) Removed. 1304.51(b) Removed. 1304.51(c)(1) 1302.50(b)(2) 1304.51(c)(2) 1302.50(b)(2) 1304.51(d)(1) Removed. 1304.51(d)(2) 1301.3(b)(2) 1304.51(d)(3) 1301.3(b)(2) 1304.51(d)(4) 1301.3(b)(2) 1304.51(e) Removed. 1304.51(f) Removed. 1304.51(g) 1302.90(c)(1)(iii). 1302.101(a). 1303.23 1304.51(h)(1) 1302.102(d)(1)(i). 1301.3(b)(2) 1304.51(h)(2) 1302.102(d)(1)(iii) 1304.51(i)(1) 1302.102(b)(2)(i) 1304.51(i)(2) 1302.102(b)(1) 1304.51(i)(3) 1303.32(b) 1304.52(a)(1) Human resources management 1302.101(a)(2) 1304.52(a)(2) 1302.101(a)(1) 1304.52(a)(2)(i) Removed. 1304.52(a)(2)(ii) Removed. 1304.52(a)(2)(iii) Removed. 1304.52(b)(1) 1302.91(a) 1304.52(b)(2) Removed. 1304.52(b)(3) 1302.90(b)(5) 1304.52(b)(4) 1302.90(d)(1) 1304.52(c) 1302.91(i) 1304.52(d) 1302.91(a). 1302.101(a)(2) 1304.52(d)(1) 1302.91(c)-(e) 1304.52(d)(2) 1302.91(a) 1304.52(d)(3) 1302.91(h)(1) 1304.52(d)(4) 1302.91(h)(2) 1304.52(d)(5) 1302.91(a) 1304.52(d)(6) Removed. 1304.52(d)(7) 1302.91(a) 1304.52(d)(8) 1302.91(h)(3) 1304.52(e) 1302.91(f) 1304.52(f) 1302.91(b). 1302.92(b) 1304.52(g)(1) Removed. 1304.52(g)(2) 1302.90(d)(2) 1304.52(g)(3) Removed. 1304.52(g)(4) 1302.21(b)(1)-(3) 1304.52(g)(5) 1302.90(c)(4)(i) 1304.52(h)(1) 1302.91(g)(1) 1304.52(h)(2) Removed. 1304.52(h)(3) Removed. 1304.52(h)(4) 1302.91(g)(2) 1304.52(h)(5) 1302.91(g)(3) 1304.52(h)(6) Removed. 1304.52(i)(1) 1302.90(c)(1) 1304.52(i)(1)(i) 1302.90(c)(1)(ii) 1304.52(i)(1)(ii) 1302.90(c)(1)(iii) 1304.52(i)(1)(iii) 1302.90(c)(1)(iv) 1304.52(i)(1)(iv) 1302.90(c)(1)(i)(A). 1302.90(c)(1)(i)(C)-(I) 1304.52(i)(2) 1303.3 1304.52(i)(3) 1302.90(c)(2) 1304.52(j) Removed. 1304.52(k)(1) 1302.93(a) 1304.52(k)(2) 1302.94(a) 1304.52(k)(3) 1302.93(b) 1304.52(l)(1) 1302.92(a) 1304.52(l)(2) 1302.92(b) 1304.52(l)(3) 1302.92(b)(3) 1304.52(l)(3)(i) 1302.92(b)(1) 1304.52(l)(3)(ii) 1302.92(b)(3) 1304.52(l)(4) 1301.2 1304.52(l)(5)(i) Removed. 1304.52(l)(5)(ii) Removed. 1304.52(l)(5))(iii) Removed. 1304.52(l)(5)(iv) Removed. 1304.52(l)(5)(v) Removed. 1304.52(l)(5)(vi) Removed. 1304.52(l)(5)(vii) Removed. 1304.52(l)(5)(viii) Removed. 1304.53(a)(1) Facilities, materials, and equipment Removed. 1304.53(a)(2) Removed. 1304.53(a)(3) 1302.31(d) 1304.53(a)(4) Removed. 1304.53(a)(5) 1302.21(d)(2) 1304.53(a)(6) 1302.21(d)(1). 1302.22(d). 1302.23(d) 1304.53(a)(7) 1302.47(b)(1) 1304.53(a)(8) 1302.47(b)(1)(ii) 1304.53(a)(9) 1302.47(b)(4)(ii). 1302.47(b)(5) 1304.53(a)(10) 1302.102(b)(1) 1304.53(a)(10)(i) 1302.47(b)(2) 1304.53(a)(10)(ii) 1302.47(b)(2) 1304.53(a)(10)(iii) 1302.47(b)(1)(iii) 1304.53(a)(10)(iv) 1302.47(b)(1)(iv) 1304.53(a)(10)(v) 1302.47(b)(1)(v)(B) 1304.53(a)(10)(vi) 1302.47(b)(1)(v)(B) 1304.53(a)(10)(vii) Removed. 1304.53(a)(10)(viii) Removed. 1304.53(a)(10)(ix) 1302.47(b)(1)(iii) 1304.53(a)(10)(x) Removed. 1304.53(a)(10)(xi) Removed. 1304.53(a)(10)(xii) Removed. 1304.53(a)(10)(xiii) Removed. 1304.53(a)(10)(xiv) Removed. 1304.53(a)(10)(xv) Removed. 1304.53(a)(10)(xvi) Removed. 1304.53(a)(10)(xvii) 1302.47(b)(2) 1304.53(b)(1) 1302.31(d) 1304.53(b)(1)(i) 1302.31(d) 1304.53(b)(1)(ii) 1302.47(b)(2) 1304.53(b)(1)(iii) 1302.31(d) 1304.53(b)(1)(iv) Removed. 1304.53(b)(1)(v) Removed. 1304.53(b)(1)(vi) 1302.47(b)(2) 1304.53(b)(1)(vii) Removed. 1304.53(b)(2) 1302.47(b)(1)-(2) 1304.53(b)(3) 1302.47(b)(1)-(2). 1302.47(b)(4) 1304.60(a) Deficiencies and quality improvement plans Removed. 1304.60(b) 1304.2(b) 1304.60(c) 1302.102(d)(3). 1304.2(c)(1) 1304.60(d) Removed. 1304.60(e) Removed. 1304.60(f) 1304.2(c)(2) 1304.61(a) Noncompliance 1304.2(a) 1304.61(b) 1304.2(b) 1305 Eligibility, recruitment, selection, eligibility and attendance 1305.1 Purpose and scope 1302.10 1305.2 Definitions 1305 1305.3(a) Determining community strengths and needs 1302.11(a)(1) 1305.3(b) 1302.11(a)(2) 1305.3(c) 1302.11(b)(1) 1305.3(c)(1) 1302.11(b)(1)(i) 1305.3(c)(2) 1302.11(b)(1)(iv) 1305.3(c)(3) 1302.11(b)(1)(vi) 1305.3(c)(4) Removed. 1305.3(c)(5) 1302.11(b)(1)(vii) 1305.3(c)(6) 1302.11(b)(1)(viii) 1305.3(d)(1) 1302.102(a)(3) 1305.3(d)(2) 1302.20(a)(1) 1305.3(d)(3) Removed. 1305.3(d)(4) Removed. 1305.3(d)(5) Removed. 1305.3(d)(6) Removed. 1305.3(e) 1302.11(b)(2) 1305.3(f) Removed. 1305.3(g)(1) Removed. 1305.3(g)(2)(i) Removed. 1305.3(g)(2)(ii) Removed. 1305.4 Age of children and family income eligibility 1302.12 Redesignated.—Pending OMB approval of final eligibility rule. 1305.4(a)(1)(i) 1302.12(a)(1)(i) 1305.4(a)(1)(ii) 1302.12(a)(1)(ii) 1305.4(a)(1)(iii) 1302.12(a)(1)(iii) 1305.4(a)(2) 1302.12(a)(2) 1305.4(b)(1) 1302.12(b)(1) 1305.4(b)(2)(i) 1302.12(b)(2)(i) 1305.4(b)(2)(ii) 1302.12(b)(2)(i) 1305.4(b)(2)(iii) 1302.12(b)(2)(ii) 1305.4(b)(3) 1302.12(b)(3) 1305.4(c)(1)(i) 1302.12(c)(1)(i) 1305.4(c)(1)(ii) 1302.12(c)(1)(ii) 1305.4(c)(2) 1302.12(c)(2) 1305.4(d)(1) 1302.12(d)(1) 1305.4(d)(1)(i) 1302.12(d)(1)(i) 1305.4(d)(1)(ii) 1302.12(d)(1)(ii) 1305.4(d)(2) 1302.12(d)(2) 1305.4(d)(2)(i) 1302.12(d)(2)(i) 1305.4(d)(2)(ii) 1302.12(d)(2)(ii) 1305.4(d)(2)(iii) 1302.12(d)(2)(iii) 1305.4(d)(2)(iv) 1302.12(d)(2)(iv) 1305.4(d)(2)(v) 1302.12(d)(2)(v) 1305.4(d)(2)(vi) 1302.12(d)(2)(vi) 1305.4(d)(2)(vii) 1302.12(d)(2)(vii) 1305.4(e)(1)(i) 1302.12(e)(1)(i) 1305.4(e)(1)(ii) 1302.12(e)(1)(ii) 1305.4(e)(1)(iii) 1302.12(e)(1)(iii) 1305.4(e)(1)(iv) 1302.12(e)(1)(iv) 1305.4(e)(2) 1302.12(e)(2) 1305.4(e)(3) 1302.12(e)(3) 1305.4(f)(1)(i) 1302.12(c)(1)(iii) 1305.4(f)(1)(ii) 1302.12(c)(1)(iv) 1305.4(f)(2) 1302.16(c)(1) 1305.4(g)(1) 1302.12(f) 1305.4(g)(2) 1302.12(f) 1305.4(g)(3) 1302.12(f) 1305.4(h) 1302.12(h) 1305.4(i)(1)(i) 1302.12(i)(1) 1305.4(i)(1)(ii) 1302.12(i)(1) 1305.4(i)(1)(iii) 1302.12(i)(1) 1305.4(i)(2) 1302.12(i)(2) 1305.4(i)(3)(i)(A) 1302.12(i)(3)(i) 1305.4(i)(3)(i)(B) 1302.12(i)(3)(i) 1305.4(i)(3)(ii) 1302.12(i)(3)(ii) 1305.4(i)(4) 1302.12(j)(3) 1305.4(i)(5) 1302.12(i)(4) 1305.4(j)(1)(i) 1302.12(i)(5)(i) 1305.4(j)(1)(ii) 1302.12(i)(5)(ii) 1305.4(j)(1)(iii) 1302.12(j)(5)(iii) 1305.4(j)(2)(i) 1302.12(i)(6) 1305.4(j)(2)(ii) 1302.12(i)(6) 1305.4(j)(3)(i) 1302.12(i)(7)(i) 1305.4(j)(3)(ii) 1302.12(i)(7)(ii) 1305.4(j)(4) 1302.12(i)(8) 1305.4(k)(1) 1302.12(j)(1) 1305.4(k)(2) 1302.12(j)(4) 1305.4(l)(1) 1302.12(k)(1) 1305.4(l)(2)(i) 1302.12(k)(2)(i) 1305.4(l)(2)(ii)(A) 1302.12(k)(2)(ii)(A) 1305.4(l)(2)(ii)(B) 1302.12(k)(2)(ii)(B) 1305.4(l)(2)(ii)(C)(1) 1302.12(k)(2)(ii)(B) 1305.4(l)(2)(ii)(C)(2) 1302.12(k)(2)(ii)(B) 1305.4(l)(2)(ii)(C)(3) 1302.12(k)(2)(ii)(B) 1305.4(l)(2)(iii)(A) 1302.12(k)(2)(iii)(A) 1305.4(l)(2)(iii)(B) 1302.12(k)(2)(iii)(B) 1305.4(l)(2)(iii)(C) 1302.12(k)(2)(iii)(C) 1305.4(l)(2)(iii)(D) 1302.12(k)(2)(iii)(C) 1305.4(l)(2)(iii)(E) 1302.12(k)(2)(iii)(D) 1305.4(l)(2)(iii)(F) 1302.12(k)(2)(iii)(E) 1305.4(l)(3)(i) 1302.12(k)(3) 1305.4(l)(3)(ii) 1302.12(k)(3) 1305.4(l)(3)(iii) 1302.12(k)(3) 1305.4(m) 1302.12(l) 1305.4(n)(1) 1302.12(m)(1) 1305.4(n)(1)(i) 1302.12(m)(1)(i) 1305.4(n)(1)(ii) 1302.12(m)(1)(ii) 1305.4(n)(1)(iii) 1302.12(m)(1)(iii) 1305.4(n)(2) 1302.12(m)(2) 1305.4(n)(3) 1302.12(m)(3) 1305.4(n)(4) 1302.12(m)(4) 1305.5(a) Recruitment of children 1302.13(a) first sentence Second sentence removed. 1305.5(b) 1302.13(b)(1-2) 1305.5(c) 1302.13(b)(1) 1305.6(a) Selection process 1302.14(a)(1) 1305.6(b) 1302.14(a)(1)(i)(iv)& 1302.14(a)(2) 1305.6(c) 1302.14(b)(1) 1305.6(d) 1302.14(c) 1305.7(a) Enrollment and reenrollment 1302.12. 1302.15(b) 1305.7(b) 1302.15(a) 1st sentence amended and combined with second sentence. Third sentence is removed 1305.7(c) 1302.12(j)(2). 1302.70(d)(1)-last sentence 1305.8(a) Attendance 1302.16(b) 1305.8(b) 1302.16(a)(2) 1305.8(c) 1302.16(a)(3) 1305.9 Policy on fees 1302.18. Second sentence removed 1305.10 Compliance 1304.4(a)(2)(iv) 1306 Program staffing 1306.1 Purpose and scope Removed. 1306.2 Effective dates Removed. 1306.2(a) Removed. 1306.2(b) Removed. 1306.3 Definitions 1305 1306.20(a) Program staffing patterns Removed. 1306.20(b) 1302.101(a)(2) 1306.20(c) 1302.21(b) Last sentence removed. 1306.20(d) Removed. 1306.20(e) Removed. 1306.20(f) 1302.90(d)(1) 1306.20(g) 1302.23(b)(1) 1306.20(g)(1) 1302.23(b)(2) 1306.20(g)(2) 1302.23(b)(3) 1306.20(g)(3) Removed. 1306.20(h)(1) 1302.23(e) 1306.20(h)(2) 1302.23(e) 1306.20(h)(3) 1302.23(e)(2)-(4) 1306.20(i) 1302.20(b) 1306.21 Staff qualification 1302.91(c)-(e) 1306.22(a) Volunteers Removed. 1306.22(b) Removed. 1306.23(a) Training 1302.92 1306.23(b) 1302.92(a) 1306.30(a) Provision of comprehensive child development services 1302.20(b) 1306.30(b) Removed. 1306.30(c) 1302.21(d)(1). 1302.22(d). 1302.23(d) 1306.30(d) Removed. 1306.31(a) Choosing a Head Start program option 1302.20(a)(1) 1306.31(b) 1302.20(a)(1) 1306.31(c) Removed. 1306.32(a)(1) Center-based program option 1302.21(b) 1306.32(a)(2) 1302.21(b)(1) 1306.32(a)(3) 1302.21(b)(5) 1306.32(a)(4) 1302.24(c)(2)(ii) 1306.32(a)(5) 1302.21(b)(4) 1306.32(a)(6) 1302.24(c)(2)(i) 1306.32(a)(7) Removed. 1306.32(a)(8) Removed. 1306.32(a)(9) Removed. 1306.32(a)(10) 1302.21(b)(1) Second sentence removed. 1306.32(a)(11) Removed. 1306.32(a)(12) 1302.21(b) 1306.32(b)(1) Removed. 1306.32(b)(2) 1302.21(c)(2) 1306.32(b)(3) 1302.21(c)(1). 1302.21(c)(1)(ii) 1306.32(b)(4) 1302.21(c)(1)(i) Last sentence removed. 1306.32(b)(5) 1302.16(a)(2) First sentence removed. 1306.32(b)(6) 1302.21(c)(2) 1306.32(b)(7) 1302.101(a)(3) Last sentence removed. 1306.32(b)(8) 1302.17(c). 1302.34(b)(6) 1306.32(b)(9) 1302.34(b)(2). 1302.34(b)(7) 1306.32(c)(1) Removed. 1306.32(c)(2) Removed. 1306.32(c)(3) Removed. 1306.32(d)(1) Removed. 1306.32(d)(2) Removed. 1306.32(d)(3) Removed. 1306.32(e) Removed. 1306.33(a)(1) Home based program option 1302.22(c)(1). 1302.24(c)(3)(i) 1306.33(a)(2) 1302.22(c)(2). 1302.24(c)(3)(ii) 1306.33(a)(3) 1302.22(c)(3)-(4) 1306.33(a)(4) 1302.101(a)(3) 1306.33(a)(5) 1302.22(b) 1306.33(b) 1302.35(b)(1). 1302.35(b)(3). 1302.91(f) 1306.33(b)(1) 1302.35(a) 1306.33(b)(2) Removed. 1306.33(c) 1302.35(e)(1) 1306.33(c)(1) 1302.35(e)(2)(i). 1302.35(e)(1) Last sentence removed. 1306.33(c)(2) Removed. 1306.33(c)(3) 1302.44(a)(2)(vii) 1306.34(a)(1) Combination program option Removed. 1306.34(a)(2) Removed. 1306.34(a)(3) Removed. 1306.34(a)(4) Removed. 1306.34(b)(1) Removed. 1306.34(b)(2) Removed. 1306.34(b)(3) Removed. 1306.34(c)(1) Removed. 1306.34(c)(2) Removed. 1306.35(a)(1) Family child care program option 1302.23(a)(1). 1302.23(c) 1306.35(a)(2)(i) 1302.23(a)(2) 1306.35(a)(2)(ii) 1302.23(a)(1) 1306.35(a)(3) 1302.23(a). 1302.31(d) 1306.35(a)(4) 1301.4(c)(1) 1306.35(b)(1) 1302.47(a) Second sentence removed. 1306.35(b)(2)(i) 1302.47(b)(1)(i)-(iii) 1306.35(b)(2)(ii) 1302.47(b)(1)(v)(B) 1306.35(b)(2)(iii) Removed. 1306.35(b)(2)(iv) 1302.47(4)(ii) 1302.47(b)(5) 1306.35(b)(2)(v) 1302.47(b)(1) 1302.47(b)(5) 1306.35(b)(2)(vi) Removed. 1306.35(b)(2)(vii) 1302.47(b)(1) 1306.35(b)(2)(viii) 1302.47(b)(4) 1302.47(b)(5) 1306.35(b)(2)(ix) 1302.47(b)(1) 1306.35(c) 1302.47(b)(7) 1306.35(d) 1302.23(d) 1306.36 Additional Head Start program option variations 1302.24(a) 1306.37 Compliance waiver 1302.24(c) 1307 Policies and procedures for designation renewal of Head Start and Early Head Start grantees No changes made—only redesignated—will not consider comments 1307.1 Purpose and scope. 1304.10 Redesignated. 1307.2 Definitions 1305 Redesignated. 1307.3 Basis for determining whether a Head Start agency will be subject to an open competition 1304.11 Redesignated. 1307.3(a) 1304.11(a) Redesignated. 1307.3(b) 1304.11(b) Redesignated. 1307.3(b)(1) 1304.11(b)(1) Redesignated. 1307.3(b)(1)(i) 1304.11(b)(1)(i) Redesignated. 1307.3(b)(1)(ii) 1304.11(b)(1)(ii) Redesignated. 1307.3(b)(1)(iii) 1304.11(b)(1)(iii) Redesignated. 1307.3(b)(2) 1304.11(b)(2) Redesignated. 1307.3(b)(2)(i) 1304.11(b)(2)(i) Redesignated. 1307.3(b)(2)(ii) 1304.11(b)(2)(ii) Redesignated. 1307.3(c) 1304.11(c) Redesignated. 1307.3(c)(1) 1304.11(c)(1) Redesignated. 1307.3(c)(1)(i) 1304.11(c)(1)(i) Redesignated. 1307.3(c)(1)(ii) 1304.11(c)(1)(ii) Redesignated. 1307.3(c)(1)(iii) 1304.11(c)(1)(iii) Redesignated. 1307.3(c)(2) 1304.11(c)(2) Redesignated. 1307.3(d) 1304.11(d) Redesignated. 1307.3(e) 1304.11(e) Redesignated. 1307.3(f) 1304.11(f) Redesignated. 1307.3(g) 1304.11(g) Redesignated. 1307.4(a) Grantee reporting requirements concerning certain conditions 1304.12(a) Redesignated. 1307.4(b) 1304.12(b) Redesignated. 1307.4(b)(1) 1304.12(b)(1) Redesignated. 1307.4(b)(2) 1304.12(b)(2) Redesignated. 1307.4(b)(3) 1304.12(b)(3) Redesignated. 1307.4(b)(4) 1304.12(b)(4) Redesignated. 1307.5 Requirements to be considered for designation for a five-year period when the existing grantee in a community is not determined to be delivering a high quality and comprehensive Head Start program and is not automatically renewed 1304.13 Redesignated. 1307.60(a) Tribal government consultation under the Designation Renewal System for when an Indian Head Start grant is being considered for competition 1304.14(a) Redesignated. 1307.60(a)(1) 1304.14(a)(1) Redesignated. 1307.60(a)(2) 1304.14(a)(2) Redesignated. 1307.60(a)(3) 1304.14(a)(3) Redesignated. 1307.60(b) 1304.1514(b) Redesignated. 1307.60(c) 1304.14(c) Redesignated. 1307.70(a) Designation request, review and notification process 1304.15(a) Redesignated. 1307.70(a)(1) 1304.15(a)(1) Redesignated. 1307.70(a)(2) 1304.15(a)(2) Redesignated. 1307.70(b) 1304.15(b) Redesignated. 1307.70(b)(1) 1304.15(b)(1) Redesignated. 1307.70(b)(2) 1304.15(b)(2) Redesignated. 1307.70(b)(3) 1304.15(b)(3) Redesignated. 1307.70(c) 1304.15(c) Redesignated. 1307.70(c)(1) 1304.15(c)(1) Redesignated. 1307.70(c)(2) 1304.15(c)(2) Redesignated. 1307.70(c)(2)(i) 1304.15(c)(2)(i) Redesignated. 1307.70(c)(2)(i) 1304.15(c)(2)(i) Redesignated. 1307.70(c)(3) Redesignated. 1307.70(c(3)(i) Redesignated. 1307.70(c)(3)ii) Redesignated. 1307.80 Use of CLASS: Pre-K Instrument in the Designation Renewal System Redesignated. 1308 Service for children with disabilities 1308.1 Purpose 1302.60 1308.2 Scope Removed. 1308.3 Definitions 1305 1308.4(a) Disabilities service plan 1302.101(b)(3) 1308.4(a)(1) Removed. 1308.4(a)(2) Removed. 1308.4(b) 1302.101(b)(3) 1308.4(c) 1302.60 1308.4(d) Removed. 1308.4(e) Removed. 1308.4(f)(1) 1302.63(a) 1308.4(f)(2) 1302.63(a) 1308.4(f)(3) Removed. 1308.4(f)(4) Removed. 1308.4(g) 1302.61(b)(3) 1308.4(h) Removed. 1308.4(h)(1) Removed. 1308.4(h)(2) Removed. 1308.4(h)(3) Removed. 1308.4(h)(4) Removed. 1308.4(h)(5) Removed. 1308.4(h)(6) 1303.75 1308.4(h)(7) Removed. 1308.4(i) Removed. 1308.4(j)(1) Removed. 1308.4(j)(2) Removed. 1308.4(j)(3) Removed. 1308.4(j)(4) Removed. 1308.4(j)(5) Removed. 1308.4(j)(5)(i) Removed. 1308.4(j)(5)(ii) Removed. 1308.4(j)(5)(iii) Removed. 1308.4(k) Removed. 1308.4(l) 1302.63(b) 1308.4(l)(1) Removed. 1308.4(l)(2) Removed. 1308.4(l)(3) 1302.63(b) 1308.4(l)(4) 1302.63(b) 1308.4(l)(5) Removed. 1308.4(l)(6) Removed. 1308.4(l)(7) Removed. 1308.4(m) Removed. 1308.4(n) Removed. 1308.4(o) Removed. 1308.4(o)(1) Removed. 1308.4(o)(2) Removed. 1308.4(o)(3) Removed. 1308.4(o)(4) Removed. 1308.4(o)(5) Removed. 1308.4(o)(6) Removed. 1308.4(o)(7) Removed. 1308.4(o)(7)(i) Removed. 1308.4(o)(7)(ii) Removed. 1308.4(o)(7)(iii) Removed. 1308.5(a) Recruitment and enrollment of children with disabilities 1302.12(b)(3) 1308.5(b) Removed. 1308.5(c)(1) 1302.13(b)(2) 1308.5(c)(2) 1302.13(b)(2) 1308.5(c)(3) 1302.13(b)(2) 1308.5(c)(4) 1302.13(b)(2) 1308.5(d)(1) Removed. 1308.5(d)(2) Removed. 1308.5(d)(3) Removed. 1308.5(d)(4) Removed. 1308.5(d)(5) Removed. 1308.5(e) 1302.13(a)(1)(v) 1308.5(e)(1) Removed. 1308.5(e)(2) Removed. 1308.5(e)(3) Removed. 1308.5(f) Removed. 1308.6(a) Assessment of children Removed. 1308.6(a)(1) 1302.33(a) 1308.6(a)(2) 1302.33(b) 1308.6(a)(3) Removed. 1308.6(b)(1) 1302.33(a) 1302.42(b)(2) 1308.6(b)(2) Removed. 1308.6(b)(3) Removed. 1308.6(c) 1302.34(b)(5) 1308.6(d) Removed. 1308.6(e) 1302.33(a)(2) 1308.6(e)(1) 1302.33(a)(2) 1308.6(e)(2) Removed. 1308.6(e)(2)(i) Removed. 1308.6(e)(2)(ii) Removed. 1308.6(e)(2)(iii) Removed. 1308.6(e)(2)(iv) Removed. 1308.6(e)(2)(v) Removed. 1308.6(e)(2)(vi) Removed. 1308.6(e)(2)(vii) Removed. 1308.6(e)(2)(viii) Removed. 1308.6(e)(3) Removed. 1306.6(e)(4) Removed. 1306.6(e)(5) Removed. 1308.7(a) Eligibility criteria: Health impairment Removed. 1308.7(b) Removed. 1308.7(c) Removed. 1308.7(d) Removed. 1308.7(d)(1) Removed. 1308.7(d)(2) Removed. 1308.7(d)(2)(i) Removed. 1308.7(d)(2)(ii) Removed. 1308.7(d)(2)(iii) Removed. 1308.7(d)(2)(iv) Removed. 1308.7(d)(2)(v) Removed. 1308.7(d)(3) Removed. 1308.7(d)(4) Removed. 1308.8(a) Eligibility criteria: Emotional/behavioral disorders Removed. 1308.8(a)(1) Removed. 1308.8(a)(2) Removed. 1308.8(a)(3) Removed. 1308.8(a)(4) Removed. 1308.8(b) Removed. 1308.8(c) Removed. 1308.9(a) Eligibility criteria: Speech or language impairments Removed. 1308.9(b) Removed. 1308.9(c) Removed. 1308.9(d) Removed. 1308.9(e) Removed. 1308.9(e)(1) Removed. 1308.9(e)(2) Removed. 1308.9(e)(3) Removed. 1308.10(a) Eligibility criteria: Mental retardation Removed. 1308.10(b) Removed. 1308.10(c) Removed. 1308.11 Eligibility criteria: Hearing impairment including deafness Removed. 1308.11(a) Removed. 1308.11(b) Removed. 1308.11(c) Removed. 1308.12(a) Eligibility criteria: Orthopedic impairment Removed. 1308.12(b) Removed. 1308.13(a) Eligibility criteria: Visual impairment including blindness Removed. 1308.13(a)(1) Removed. 1308.13(a)(2) Removed. 1303.13(b) Removed. 1308.14(a) Eligibility criteria: Learning disabilities Removed. 1308.14(b) Removed. 1308.14(b)(1) Removed. 1308.14(b)(2) Removed. 1308.14(b)(3) Removed. 1308.14(c) Removed. 1308.15 Eligibility criteria: Autism Removed. 1308.16 Eligibility criteria: Traumatic brain injury Removed. 1308.17(a) Eligibility criteria: Other impairments Removed. 1308.17(a)(1) Removed. 1308.17(a)(2) Removed. 1308.17(a)(3) Removed. 1308.17(b) Removed. 1308.17(c) Removed. 1308.17(d) Removed. 1308.17(e) Removed. 1308.18(a) Disabilities/health services coordination Removed. 1308.18(b) Removed. 1308.18(c) Removed. 1308.18(d)(1) 1302.47(b)(7)(v) 1308.18(d)(2) Removed. 1308.18(d)(3) Removed. 1308.18(d)(4) Removed. 1308.19(a) Developing individualized education programs(IEPs) Removed. 1308.19(b) Removed. 1308.19(c) Removed. 1308.19(d) Removed. 1308.19(e) Removed. 1308.19(e)(1) Removed. 1308.19(e)(2) Removed. 1308.19(e)(3) Removed. 1308.19(e)(4) Removed. 1308.19(e)(5) Removed. 1308.19(e)(6) Removed. 1308.19(e)(7) Removed. 1308.19(e)(8) Removed. 1308.19(f) Removed. 1308.19(f)(1) Removed. 1308.19(f)(2) Removed. 1308.19(f)(3) Removed. 1308.19(f)(4) Removed. 1308.19(g) Removed. 1308.19(h) Removed. 1308.19(i) Removed. 1308.19(j) Removed. 1308.19(j)(1) Removed. 1308.19(j)(2) Removed. 1308.19(j)(3) Removed. 1308.19(j)(4) Removed. 1308.19(k) Removed. 1308.20(a) Nutrition services Removed. 1308.20(b) Removed. 1308.20(c) Removed. 1308.20(d) Removed. 1308.21(a)(1) Parent participation and transition of children into Head Start and from Head Start to public school 1302.61(b)(3) 1308.21(a)(2) 1302.62(a)(1) 1308.21(a)(3) 1302.34(b)(4) 1308.21(a)(4) Removed. 1308.21(a)(5) Removed. 1308.21(a)(6) 1302.62(a)(2) 1308.21(a)(7) 1302.62(b) 1308.21(a)(8) Removed. 1308.21(a)(9) Removed. 1308.21(a)(10) 1302.62(a) 1308.21(b) 1302.62(b)(3) 1308.21(c) Removed. 1309 Head Start facilities purchase, major renovation and construction 1309.1 1303.40 1309.2 Approval of the use of Head Start funds to continue purchase of facilities 1303.41 1309.3 Definitions 1305 1309.4 Eligibility—Construction 1309.4(a) 1303.42(a)(1) 1309.4(b) 1303.42(a)(3) 1303.42(b) 1309.5 Eligibility—Major renovations 1309.5(a) 1303.42(a)(1) 1309.5(b) 1303.42(a)(3) 1303.42(b) 1309.10 Applications for the purchase, construction and major renovation of facilities 1303.44(a) 1309.10(a) 1303.44(a)(1) 1303.44(a)(2) 1309.10(b) 1303.44(a)(3) 1303.44(a)(5) 1303.45(a)(1) 1309.10(c) 1303.44(a)(8) 1309.10(d) 1303.44(a)(3) 1303.45(c) 1309.10(e) 1303.44(a)(4) 1309.10(f) 1303.42(b) 1309.10(g) 1303.44(a)(11) 1309.10(h) 1303.44(a)(9) 1309.10(i) 1303.44(a)(4) 1309.10(j) Removed. 1309.10(k) 1303.44(a)(6) 1309.10(l) 1303.44(b) 1303.48(b) 1303.50(a) 1309.10(m) 1303.44(a)(12) 1309.10(n) Removed. 1309.10(o) 1303.44(a)(9) 1309.10(p) 1303.44(a)(10) 1309.10(q) 1303.44(a)(13) 1309.11(a) Cost comparison for purchase, construction and major renovation of facilities 1303.45(a)(1) 1309.11(b) 1303.45(a)(2)(i) 1309.11(c)(1) 1303.45(a)(1) 1309.11(c)(2) Removed. 1309.11(c)(3) 1303.45(a)(1) 1309.11(d)(1) 1303.45(a)(2)(i) 1309.11(d)(2) 1303.45(a)(2)(i) 1309.11(e) 1303.45(a)(2)(ii) 1309.11(f) 1303.45(c) 1309.20 Title Removed. 1309.21 Recording of federal interest and other protection of federal interest 1309.21(a) 1305 First Sentence 1303.51 Second Sentence 1309.21(b) 1303.48(a) 1309.21(c) 1303.48(b) 1309.21(d)(1) 1303.50 1309.21(d)(2) 1303.46(b)(1) First sentence 1303.47(b)(1) Second sentence 1303.47(b)(1)(vi) Third sentence Fourth sentence removed 1303.47(b)(2) Last sentence 1309.21(d)(3) 1309.21(d)(3)(i) 1303.47(b)(1)(i)-(iii) 1309.21(d)(3)(ii) 1303.47(b)(1)(v) 1309.21(d)(3)(iii) 1303.47(b)(1)(v) 1309.21(d)(3)(iv) 1303.48(a) 1309.21(d)(3)(v) Removed. 1309.21(d)(3)(vi) 1303.47(a)(9) 1309.21(d)(4) 1303.47(b)(1) 1309.21(d)(4)(i) 1303.47(b)(1)(i)(ii) 1309.21(d)(4)(ii) 1303.47(b)(1)(v) 1309.21(d)(4)(iii) 1303.47(b)(1)(v) 1309.21(e) 1303.55(a): 1303.3 1309.21(f)(1) 1303.51 1309.21(f)(1)(i) Removed. 1309.21(f)(1)(ii) Removed. 1309.21(f)(1)(iii) Removed. 1309.21(f)(2) 1303.47 1309.21(f)(2)(i) Removed. 1309.21(f)(2)(ii) Removed. 1309.21(f)(2)(iii) Removed. 1309.21(f)(2)(iv) Removed. 1309.21(f)(3) Removed. 1309.22(a) Rights and responsibilities in the event of grantee's default on mortgage, or withdrawal or termination 1303.49(a)(1),(3),(6), & (7) Removed last two sentences. 1309.22(b) 1303.49(b) 1309.22(c) 1303.49(a)(5); 1303.51 1309.23(a) Insurance, bonding and maintenance 1303.52(a) 1309.23(a)(1) 1303.52(a) & 1303.52(b)(1) 1309.23(a)(2) 1303.52(b)(1) & (2) 1309.23(b) 1303.52(b)(3) 1309.23(c) 1303.52(c) 1309.30(a) General Removed. 1309.30(b) Removed. 1309.31(a) Site description 1303.44(b)(2) 1309.31(b) 1303.47(c) 1309.31(c) 1303.47(c)(7) 1309.32(a) Statement of procurement procedure for modular units Removed. 1309.32(b) Removed. 1309.33 Inspection 1303.56 1309.34 Costs of installation of modular unit Removed. 1309.40 Copies of documents 1303.53 1309.41 Record retention 1303.54 1309.42 Audit of mortgage Removed. 1309.43 Use of grant funds to pay fees 1303.43 1309.44(a) Independent analysis Removed. 1309.44(b) Removed. 1309.44(c) Removed. 1309.51(a) Submission of drawings and specifications Removed. 1309.51(b) Removed. 1309.52(a) Procurement procedures 1303.55(a) 1309.52(b) 1303.55(b) 1309.52(c) 1303.55(c) 1309.52(d) 1303.55(d) 1309.53(a) Inspection of work 1303.56 1309.53(b) 1303.56 1309.54 Davis-Bacon Act 1303.11 1310 Head Start transportation 1310.1 Purpose Removed. 1310.2(a) Applicability. 1303.70(a) 1310.2(b)(1) Removed. 1310.2(b)(2) Removed. 1310.2(c) 1303.70(c)(1) and (c)(2) 1310.3 Definitions 1305 1310.10 General 1310.10(a) 1303.70(b)(1) 1310.10(b) 1303.70(b)(1) 1310.10(c) 1303.70(a) 1310.10(d)(1) 1303.71(b) 1310.10(d)(2) 1303.71(b) 1310.10(d)(3) 1303.71(b) 1310.10(d)(4) 1303.71(b) 1310.10(e) 1303.71(c) 1310.10(f) 1303.70(b)(3) 1310.10(g) 1303.72(a)(3) 1310.11(a) Child restraint systems 1303.71(d) 1310.11(b) Removed. 1310.12(a) Required use of school buses or allowable alternate vehicles 1303.71(a) 1310.12(b) 1303.71(a) 1310.12(b)(1) 1303.71(a) 1310.12(b)(2) 1303.71(a) 1310.12(c) 1303.71(a) 1310.13 Maintenance of vehicles 1303.71(e)(1) 1310.13(a) 1303.71(e)(2)(i) 1310.13(b) 1303.71(e)(2)(ii) 1310.13(c) 1303.71(e)(2)(iii) 1310.14 Inspection of new vehicles at the time of delivery 1303.71(f) 1310.15(a) Operation of vehicles 1303.72(a)(1) 1310.15(b) 1303.72(a)(2) 1310.15(c) 1303.72(b)(4) 1310.15(d) Removed. 1310.16(a)(1) Driver qualifications 1303.72(b)(1) 1310.16(b) 1303.72(c) 1310.16(b)(1) 1303.72(c)(1) 1310.16(b)(2) 1303.72(c)(2) and 1303.72(c)(3) 1310.16(b)(3) 1303.72(c)(4) 1310.16(c) 1303.72(c) 1310.17(a) Driver and bus monitor training third sentence is 1303.72(d)(1) First two sentences removed 1310.17(b)(1) 1303.72(d)(2)(i) 1310.17(b)(2) 1303.72(d)(2)(i) 1310.17(b)(3) 1303.72(d)(2)(i) 1310.17(b)(4) 1303.72(d)(2)(i) 1310.17(b)(5) 1303.72(d)(2)(i) 1310.17(b)(6) 1303.72(d)(2)(i) 1310.17(b)(7) 1303.72(d)(2)(i) 1310.17(c) 1303.72(d)(2)(ii) 1310.17(d) Removed. 1310.17(e) Removed. 1310.17(f)(1) 1303.72(d)(3) 1310.17(f)(2) 1303.72(e) 1310.20(a) Trip routing 1303.73(a) 1310.20(b)(1) 1303.73(b)(1) 1310.20(b)(2) 1303.73(b)(2) 1310.20(b)(3) 1303.73(b)(3) 1310.20(b)(4) 1303.73(b)(4) 1310.20(b)(5) 1303.73(b)(5) 1310.20(b)(6) 1303.73(b)(6) 1310.20(b)(7) 1303.73(b)(7) 1310.21(a) Safety education 1302.46(b)(1)(v) First sentence redesignated and revised. Remaining removed. 1310.21(b)(1) 1303.74(b) 1310.21(b)(2) 1303.74(b) 1310.21(b)(3) 1303.74(b) 1310.21(b)(4) 1303.74(b) 1310.21(b)(5) 1303.74(b) 1310.21(c)(1) Removed. 1310.21(c)(2) Removed. 1310.21(d) 1303.74(d) 1310.21(e) Removed. 1310.22 Children with disabilities 1310.22(a) 1303.75(a) 1310.22(b) Removed. 1310.22(c) 1303.75(b) 1310.22(c)(1) 1303.75(b) 1310.22(c)(2) 1303.75(b) 1310.22(c)(3) 1303.75(b) 1310.22(c)(4) 1303.75(b) 1310.22(c)(5) 1303.75(b) 1310.23(a) Coordinated transportation 1303.70(b)(2) 1310.23(b)(1) Removed. 1310.23(b)(2) Removed. 1310.23(b)(3) Removed. 1311 Head Start Fellows Program 1304.41 III. Background Initiated in 1965, as part of President Lyndon Johnson's “War on Poverty,” Head Start was created out of concern for the well-being of children in low-income families based on evidence that they were less likely to succeed in school than their more advantaged peers. As its name implies, the Head Start program was developed to enhance the experiences of children in low-income families prior to school entry, with the goal of alleviating the negative effects of growing up in poverty. At its inception, Head Start was the only large-scale child development program in the United States. It was visionary then, and in many ways continues to lead the early education community. For example, Head Start has been and continues to be a leader in its focus on family engagement and comprehensive services, on children with disabilities, and on children from diverse cultural and linguistic backgrounds; in its commitments to accountability for program quality; in its investments in the professional development of the early childhood education workforce that led to the development of the Child Development Associate (CDA) credential; and in its commitment to and investment in research and evaluation to strengthen quality, improve child outcomes, and reduce the achievement gap. When Project Head Start was first started in the summer of 1965, over 560,000 children and families across the United States were served in an 8-week program. As the program grew, it expanded opportunities for children to receive high quality services in a number of ways. Over time, Head Start grew to serving both 3- and 4-year-old children and was expanded to reach children in migrant and seasonal farm worker families, as well as American Indian and Alaska Native children. In 1972, the Economic Opportunity Act was amended to expand Head Start program opportunities for children with disabilities for the first time and ensured that 10 percent of the enrollment opportunities for children served nationally were reserved for children who had disabilities. In 1995, Head Start expanded to include pregnant women and children from birth to 3 years of age, through the Early Head Start program, a visionary approach which led the field toward a new emphasis on intervention in children's earliest years. At the same time as it was expanding to reach more families, the Head Start program was also building an infrastructure to support quality, an effort for which there was little precedent. The first major revisions to the Head Start program performance standards to further support high quality services were issued in 1996, and in 1998, the Head Start Reauthorization Act included a mandate to expand full-day, full-year services. The 2007 Head Start reauthorization placed an even greater emphasis on embedding research-based practices in Head Start and placing a stronger focus on the educational outcomes of Head Start children. Head Start now serves more than one million children and their families each year. The combination of Head Start's size and scope, the experience and input gained, and the major developments in early childhood research suggest that the time is right to capitalize on this knowledge and experience by overhauling the regulations that form the backbone of the comprehensive, high quality services Head Start programs strive to deliver. This NPRM builds upon that knowledge and experience to codify best practices and ensure Head Start's place as a leader in the field of early childhood. Through this NPRM, we intend to carry Head Start forward into the 21st century to ensure all Head Start children receive sufficient exposure to high quality services that will promote school success and reinvigorate the promise of Head Start envisioned in 1965 as a means to help end the effects of poverty child by child, community by community. Statutory Authority and Requirements This NPRM is published under the authority granted to the Secretary of the Department of Health and Human Services under sections 641A, 644, 645, 645A, and 646 of the Head Start Act (Act) (42 U.S.C. 9801, 9836a, 9839(c), 9840, 9840a, and 9841), as amended by the Improving Head Start for School Readiness Act of 2007. In these sections, the Secretary is required to establish performance standards for Head Start and Early Head Start programs, as well as federal administrative procedures. Specifically, the Act requires the Secretary to “. . . modify, as necessary, program performance standards by regulation applicable to Head Start agencies and programs . . .” 7 and explicitly directs a number of modifications, including “scientifically based and developmentally appropriate education performance standards related to school readiness that are based on the Head Start Child Outcomes Framework” and to “consult with experts in the fields of child development, early childhood education, child health care, family services . . ., administration, and financial management, and with persons with experience in the operation of Head Start programs.” Not only did the Act mandate such significant revisions, there was also bipartisan and bicameral agreement in Congress that its central purpose was to update and raise the education standards and practices in Head Start programs. 8 As such, the revisions proposed in this NPRM substantially expand upon and improve the standards related to the education of children in Head Start programs. Additionally, in order to meet requirements mandated by the Act, incorporate findings from scientific research, reflect best practices from years of program input, and integrate recommendations from the Secretary's Advisory Committee Final Report on Head Start Research and Evaluation, 9 this NPRM proposes to reorganize and substantially amend the existing regulation. 7 See section 641A(a)(1) of the Act. 8 See http://beta.congress.gov/crec/2007/11/14/CREC-2007-11-14-pt1-PgS14375-2.pdf 9 Advisory Committee on Head Start Research and Evaluation: Final Report. (2012). Expert and Stakeholder Consultation We sought extensive input to develop this NPRM. Beginning in 2008 and continuing through 2014, we convened consultations, listening sessions, and focus groups that involved child development experts, subject matter experts, early childhood education program administrators, representatives from Indian tribes, Head Start staff, parents, and other constituent groups. We heard from tribal leaders in our annual tribal consultations. We consulted with national organizations and agencies with particular expertise and longstanding interests in early childhood education. In addition, we analyzed the types of technical assistance requested by and provided to Head Start agencies and programs. We reviewed findings from monitoring reports and gathered information from programs and families about the circumstances of those populations served by Head Start programs. We considered advances in research-based practices with respect to early childhood education and development, and the projected needs of expanding Head Start services. We also drew upon the expertise of federal agencies and staff responsible for related programs in order to obtain advice on how to promote quality across all Head Start settings and program options. We reviewed the study on developmental outcomes and assessments for young children by the National Academy of Sciences. We also reviewed the standards and performance criteria established by state Quality Rating and Improvement Systems, national organizations, and policy experts in early childhood development, health, safety, maternal health, and related fields. From this multi-year consultation process, we collected many ideas about how best to revise the program performance standards. Those ideas that were regularly raised are included in this NPRM. They include: • The organization of the standards should reflect the key elements of program operations. • The standards should emphasize what high quality looks like in Head Start programs. • The standards should clarify how data should be used for planning, individualizing, referral, follow-up, and service provision. • The standards should enhance collaborative partnerships, while maintaining core Head Start principles. • The standards should describe how they apply across age groups. • The standards should reflect the importance of supporting children's home language development in order to support English language acquisition and overall child progress. • The standards should reflect the centrality of parents and families in children's healthy development. • The standards should be flexible so that Head Start programs can be more responsive to local settings, circumstances, and needs. • The standards should be inclusive of Indian tribes, migrant and seasonal, and homeless populations as well as children with disabilities. • The governance standards should be flexible where possible and responsive to difference among types of Head Start agencies, i.e., multi-purpose, governmental, etc. • The standards should reduce unnecessary administrative burden to free up time and resources for service delivery and quality improvement. Overview of Major Proposed Revisions to Head Start Performance Standards The changes proposed in this NPRM will strengthen Head Start quality, improve child and family outcomes, prepare children to succeed in school and in life, and create a system of accountability that ensures continuous improvement. Some proposals are necessary revisions of existing standards that now conflict with the 2007 Act. Other standards we propose implement new requirements that reflect current research and program experience. The major changes in the NPRM focus on three over-arching goals. First, the NPRM proposes to raise standards for service delivery to improve program quality and ensure Head Start achieves stronger outcomes for children and families. We propose revisions to reflect research-based practices for teaching practices, curriculum, assessment, health, mental health, professional development, and parent engagement services. We also propose to increase the minimum amount of dosage to better support effective classroom practices, be more aligned with the dosage of effective early education programs, better support working families, and achieve stronger child outcomes. We also propose a significant reorganization of program performance standards to improve their clarity, transparency, and ease of implementation. Forty years of partial or topical, regulatory changes created an organizational structure that made it difficult to understand the requirements of Head Start. Some key requirements were not adequately addressed in regulations and needed updating and restructuring. Current regulations are also unnecessarily long, a consequence of Head Start's long history and too much focus on micromanagement. We propose to significantly reduce the total number of regulations without reducing program quality. We believe these structural changes, updates, and reductions will make it easier for programs to understand and implement high quality services and more inviting for prospective grantees to apply for funding. We are requesting comment on whether there are additional specific requirements that should be eliminated because they are overly burdensome and interfere with good practice. Finally, we propose to revise and reduce regulations that place bureaucratic burden on programs that interfere with program quality. For example, we reduce or eliminate requirements focused on written plans and instead emphasize programs implementing systems of continuous improvement to ensure local programs set goals, collect data, and use their data to improve their performance. We also shift the nature of hygiene and safety requirements to focus more squarely on keeping children safe so that programs attend to this important outcome instead of micromanaged prescriptions. In sum, we propose to completely reorganize the regulatory structure to be more logical and easier to understand and implement; reduce bureaucratic burden on local programs by streamlining, simplifying, and reducing the total number of regulations; strengthen standards for program services to reflect research and best practice and improve quality; and, completely overhaul and update the education standards to improve classroom practices and child outcomes. Together, these proposed revisions will support an increase in intensity, focus, and effort on high quality service delivery. This NPRM represents our effort to provide a clear roadmap for current and prospective grantees to provide high quality Head Start services, regardless of setting. This NPRM will allow Head Start programs will improve the quality of Head Start services and bolster their impact on the children and families we serve. IV. Discussion of Proposed Rule The Administrative Procedures Act (APA) governs how federal agencies may propose regulations. Section 553(b)(3) of the APA allows a federal agency to organize an NPRM either by the terms or substance of the proposed rule or by a description of subjects and issues involved. We choose to organize this NPRM by a description of subjects and issues involved. The primary reason being that we propose to delete subparts 1301 through 1311 in the current regulation and either completely rewrite or restructure them under subchapter B at 45 CFR Chapter XIII. The order we propose here removes parts 1306 through 1311 in the current regulation and redesignates parts 1301 through 1305. We include redesignation and distribution tables to help the public readily locate current sections and provisions we propose to revise, redesignate, or remove and renumber. Program Governance; Part 1301 (Currently §§ 1304.50 and 1304.52) This section describes program governance requirements for Head Start agencies. Program governance in Head Start refers to the formal structure in place “for the oversight of quality services for Head Start children and families and for making decisions related to program design and implementation” as outlined in section 642(c) of the Act. This structure must be comprised of a governing body and a policy council. The governing body is the entity legally and fiscally responsible for the program. The policy council is responsible for the direction of the program and must be made up primarily of parents of currently enrolled children. Parent involvement in program governance reflects the fundamental belief, present since the inception of Project Head Start in 1965, that parents must be involved in decision-making about the nature and operation of the program for Head Start to be successful in bringing about substantial change. 10 10 See Federal Register , 40 FR 27562, June 30, 1975. Section 642(c) of the Act specifies the requirements for program governance, and this section was extensively amended by the Improving Head Start for School Readiness Act of 2007. It emphasizes the critical role both the governing body and the policy council, or policy committee at the delegate level, have in oversight, design and implementation of Head Start and Early Head Start programs. We propose to revise current program governance requirements to conform to the amendments in the Act. To align with the Act, we focus on training, the governing body, policy groups, and impasse procedures. Below we describe these areas according to the structure we propose for part 1301. Section 1301.1 In General This section reiterates the requirement in section 642(c) of the Act that an “agency [must] establish and maintain a formal structure for program governance, for the oversight of quality services for Head Start children and families and for making decisions related to program design and implementation.” This structure includes a governing body, a policy council, and, for a delegate agency, a policy committee. It emphasizes that the governing body has legal and fiscal responsibility to administer and oversee the program, which is consistent with § 1304.50(a)(5) in the current regulation, and the policy council is responsible for the direction of the program including program design and operations and long- and short-term planning goals and objectives. Section 1301.2 Training Section 642(d)(3) of the Act requires governing body and policy council members to have appropriate training and technical assistance to ensure they understand the information they received and can oversee and participate in the agency's programs effectively. This requirement is very similar to and consistent with § 1304.52(l)(4) in the current regulation, which requires agencies to provide training or orientation to governing body, policy council, and policy committee members to enable them to carry out their program governance responsibilities effectively. To consolidate all requirements related to governance into one section, we propose to move the current requirement to § 1301.2. We also propose to add advisory committee members to the list and require orientation to include training on the program performance standards since familiarity with these regulations is critical to fulfilling governance responsibilities. Section 1301.3 Governing Body The Act affirms the current requirement at § 1304.50(a)(5) that the governing body has legal and fiscal responsibility to administer and oversee the program but provides significantly more detail on the composition and responsibilities of the governing body than the current regulation addresses. To conform to the Act, the first two paragraphs of this section refer grantees to the composition requirements at section 642(c)(1)(B) of the Act (including the exceptions to such composition requirements at section 642 (c)(1)(B)(v) for governing bodies, such as tribal governing bodies, whose members oversee a public entity and are selected to their positions with the public entity by public election or political appointment) and the responsibilities outlined in section 642(c)(1)(E) of the Act. In addition to the responsibilities noted in the Act, we propose to require that governing body members use ongoing monitoring results, school readiness goals, as well as the information specified in section 642(d)(2) of the Act, to conduct their responsibilities. The third and final paragraphs of proposed § 1301.3 pertain to advisory committees, which act as sub-boards. Section 642(c)(1)(E)(iv)(XI) of the Act permits a governing body, at its own discretion, to establish advisory committees to oversee key responsibilities related to program governance. In response to questions and requests for clarification from the field, we elaborate on what must be included in written procedures should a governing body invoke its authority to establish an advisory committee. We propose the written procedures the governing body establishes include, for example, the advisory committee's duties, actions, and obligations, and the membership of advisory committees. These written procedures are required to specify how and with what frequency the advisory committee must keep the governing body apprised of decisions it makes related to program governance. Current § 1304.50 has three provisions that relate to the governing body: §§ 1304.50(a)(5), 1304.50(g)(1) and 1304.50(g)(2). To conform to the Act, our proposed rule retains the part of § 1304.50 that establishes the governing body as legally and fiscally responsible for administering and overseeing the program, but removes language stating that the governing body, the policy council, or policy committee cannot have identical memberships and functions. This language is no longer needed since the Act has specific requirements for the composition and functions of the governing body and policy council. The second provision related to the governing body is § 1304.50(g)(1) of the current regulation, which requires agencies to have written policies that define the roles and responsibilities of the governing body and that inform them of the management procedures and functions necessary to implement a high quality program. We propose to remove this language because the Act outlines the responsibilities of the governing body. It would be inconsistent with the Act for individual grantees and delegate agencies to define the roles and responsibilities of the governing body. The third provision, at § 1304.50(g)(2), relates to establishing internal controls and safeguarding federal funds, and these responsibilities are subsumed in the overarching requirements of the governing body found in section 642(c)(1)(E) of the Act. Section 1301.4 Policy Councils and Policy Committees In this section, we retain a number of current requirements and propose other requirements to conform to the Act. In paragraph (a), we retain the current requirement for agencies to establish and maintain a policy council at the agency level and a policy committee at the delegate level, consistent with section 642(c)(2) and (3) of the Act. We also propose to retain the following current requirements: parents of children currently enrolled in all program options must be proportionately represented on policy groups; delegates must establish a policy committee; and the policy council and policy committee can be the same entity when the agency delegates operational responsibility for the entire program to one delegate. However, we no longer require agencies to have parent committees as required in current § 1304.5(a)(1)(iii) and (a)(2). Thus far, we have required agencies to establish parent committees at the program option level with the purpose of providing a formal venue for meaningful parent engagement and for input in decisions affecting the program. The broader goal of active and meaningful parent engagement in program operations is critical and remains our expectation throughout this NPRM, but we are no longer prescribing parent committees, specifically, as a means to achieve that goal. We do not think there is strong rationale for a federal requirement prescribing how active and meaningful engagement occurs and that every program option must achieve that involvement through a formal structure like parent committees. Additionally, we propose to remove this requirement because the parent committee structure may not work in all models, such as the Early Head Start-Child Care Partnerships, when there may be a few Early Head Start slots in a particular setting. Additionally, there would still be representation of parents on policy councils. Therefore the current requirements at § 1304.50(a)(1)(iii), as well as other provisions related to parent committees at § 1304.50(d)(2)(i) through (iii) and § 1304.50(e)(1) through (3), are not included in this NPRM. This proposed change does not preclude grantees from establishing or maintaining parent committees, however it is no longer a requirement. This in no way diminishes the role for parents given the extensive requirements proposed in part 1302, subpart E Family & Community Partnership Program Services and the fact that section 642(c)(2)(D) of the Act is clear that policy councils are responsible for activities that support parents' involvement in program operations, including policies to ensure the Head Start agency is responsive to community and parent needs. In paragraph (b), we refer grantees to the composition requirements at section 642(c)(2)(B) of the Act. We propose to remove current § 1304.50(b)(6), which excludes staff from serving on policy councils or policy committees, with some exceptions, because it is superseded by the Act. In place of the current list of policy council or policy committee responsibilities at § 1304.50(d), we propose in paragraph (c) to refer grantees to the responsibilities outlined in section 642(c)(2)(D) and section 642(c)(3) of the Act. To conform to the Act, we are not requiring policy councils to take responsibility for everything listed in § 1304.50(d). We are removing those responsibilities that are not in the Act, including for example the requirement at § 1304.50(d)(1)(ii) for policy groups to establish procedures to implement shared decision-making and the requirement at § 1304.50(d)(1)(vi) that the policy council take responsibility for its composition and the procedures for choosing members. Also, for the purpose of conforming to the Act, we add responsibilities for the policy council, or policy committee, such as budget planning and developing bylaws, that are not currently required in § 1304.50(d). In addition to the responsibilities noted in the Act, our proposed rule requires policy councils or policy committees to use ongoing monitoring results, school readiness goals, and information specified in section 642(d)(2) to conduct their responsibilities. Paragraph (d) pertains to the term of the policy groups. It retains existing requirements in current § 1304.50(b)(4) and (5), and § 1304.50(a)(3) that members serve for one year and must be reelected and that policy groups cannot dissolve until a successor council is seated. The one change we propose is to allow discretion to establish in their bylaws that members may serve a maximum of five one-year terms, up from the current maximum of three one-year terms. Paragraph (e) of our proposed § 1301.4 retains the existing requirement in § 1304.50(f) related to reimbursement of policy group members for reasonable expenses incurred. Section 1301.5 Impasse Procedures This section begins with the current requirement at § 1304.50(h) for an agency's governing body and policy council to work together to establish written procedures to resolve internal disputes that include impasse procedures. In response to the requirement at section 642(d)(1) of the Act, we build on the current requirement at § 1304.50(h) and specify what must be included in the impasse procedures. We propose to require programs to establish and follow impasse procedures that (1) demonstrate the governing body considers recommendations from the policy council; (2) require the governing body to inform the policy council in writing why it does not accept a recommendation, (3) describe a process and timeline to resolve issues and reach decisions that are not arbitrary, capricious, or illegal; and (4) require the governing body to notify the policy council in writing of its decision. This final step is consistent with the role of the governing body as legally and fiscally responsible for the program. We believe our efforts to align program governance requirements with the Act will eliminate confusion that results from contradictions between the Act and current regulation, provide clarification on our expectations for advisory committees, and retain the fundamental goals of accountable and high quality oversight and meaningful parental engagement in program operations. Program Operations; Part 1302 This part, Program Operations, outlines all of the operational requirements for serving children and families in Early Head Start and Head Start. This includes eligibility, selection, and enrollment requirements. It also includes the comprehensive services requirements, including education, health, nutrition, mental health, and family and community engagement services, as well as additional services to children with disabilities, transition services, and services to enrolled pregnant women. Finally, it includes requirements for human resources and program management. This reflects a reorganized structure that places all program operations into one part so that programs may easily find and understand the services they must deliver. We believe this more logical organization will greatly improve clarity and transparency and will support more effective implementation of high quality comprehensive services. Eligibility, Recruitment, Selection, Enrollment and Attendance; Subpart A (Currently Parts 1304, 1305, and 1306) We do not propose to substantially change this subpart from current regulation. Although we propose to redesignate it into part 1302 as part of a full restructuring of the existing rule in this NPRM, many provisions of the regulation proposed in this subpart are no different from the current rule. Overall, we propose to simplify, restructure, and clarify the language in this subpart so that it is easier for grantees to understand their obligations. We also propose revisions, and in some cases we propose to add new provisions, in order to comply with the 2007 amendments to section 645 of the Act. The revisions we propose to this subpart reflect requirements in the Act related to utilizing the community assessment to identify the children who are most in need of services and appropriately prioritizing special populations such as children experiencing homelessness, children in foster care, and children with disabilities. In addition, the proposed revisions to this subpart highlight the importance of regular attendance and continuity of enrollment for all children served in Head Start. Further, the Act requires us to promulgate regulations to remove barriers to serve homeless children. As a result, in this section, we propose to add several provisions that will increase opportunities for children experiencing homelessness to participate in Head Start. In addition we propose new provisions to clarify requirements for programs to continue to serve children who have persistent behavioral issues. We also propose revisions throughout this subpart to better support the ability of programs to serve children from diverse economic backgrounds, given research that suggests children's early learning is positively influenced by interactions with diverse peers 11 12 We also require programs to prioritize serving younger children in communities where there is publicly funded high quality pre-kindergarten for four year olds. Consistent with other subparts in this NPRM, we propose to redesignate definitions related to this subpart to part 1305. 11 Mashburn, A. J., Justice, L. M., Downer, J. T., & Pianta, R. C. (2009). Peer effects on children's language achievement during pre‐kindergarten. Child Development, 80(3), 686-702. 12 Henry, G. T., & Rickman, D. K. (2007). Do peers influence children's skill development in preschool? Economics of Education Review, 26(1), 100-112. Section 1302.10 In General In this section, we propose to provide a general overview of the content in this subpart. Section 1302.11 Determining Community Strengths and Needs In this section, we propose to simplify and clarify the process for determining community strengths and needs. We also propose to revise and redesignate language in existing rule § 1305.3 to clarify expectations for grantees and prospective grantees. For example, the proposed reorganization of this section is broken into two parts. Section 1302.11(a) describes how prospective grantees must define service area, which is the first logical step for prospective grantees. The current requirement at § 1305.3(b) that the service area must be approved is retained while removing the requirement that the services area does not overlap with other grantees in order to give flexibility to local programs. The next provisions under § 1302.11(b) require grantees to assess the service area to determine the needs of the community. In order to be consistent with the 5-year grant period required by the Act, we propose to extend the current requirement for grantees to conduct community assessments from every three years to every five years. In paragraph, (b)(2) we further require that program review and update the assessment annually to reflect any significant changes including increased availability of publicly-funded full-day pre-kindergarten, rates of family and child homelessness, and significant shifts in community demographics. This proposal will relieve undue burden on programs and increase efficiency of program operations and administration. Programs are still required to review their community assessment annually and update the assessment as changes occur in the community. We propose to retain this annual evaluation to ensure that programs continue to meet the needs of their community if anything changes. We also propose to add several elements to the community assessment that grantees are currently required to perform to ensure that grantees collect all relevant information needed to design their program and services to best meet community needs. These new elements include the number of children experiencing homelessness and the number of children in foster care to enable grantees to prioritize the most at-risk children in their communities. We believe this reflects a stronger emphasis on serving these vulnerable populations in the Act. In addition, we propose to expand information collected as part of the community assessment about the availability of early childhood programs in the community, so grantees are aware of other options available to eligible children. This data collection will also help programs understand trends in early childhood programming in their communities, including the increasing availability of state and other publicly funded preschool programs 13 and recent fluctuations in such funding 14 so that programs are better able to target their Head Start and Early Head Start services appropriately. In addition, we propose to require programs to determine whether the characteristics of their communities would allow them to operate classrooms that include children from diverse economic backgrounds. Research suggests children's early learning is positively influenced by interactions with economically diverse peers. 15 16 13 Barnett, W.S., Carolan, M.E., Squires, J.H., Clarke Brown, K. (2013). The state of preschool 2013: State preschool yearbook. New Brunswick, NJ: National Institute for Early Education Research. 14 Ibid. 15 Mashburn, A. J., Justice, L. M., Downer, J. T., & Pianta, R. C. (2009). Peer effects on children's language achievement during pre‐kindergarten. Child Development, 80 (3), 686-702. 16 Henry, G. T., & Rickman, D. K. (2007). Do peers influence children's skill development in preschool? Economics of Education Review, 26 (1), 100-112. Moreover, in this section and in § 1302.12, we propose language to clarify that we do not limit tribal Head Start programs to reservation areas. Finally, we propose to remove the current requirements in § 1305.3(d) that prescribe particular processes for which programs must use the community needs assessment and replace them with a general requirement that programs use the assessment to design a program that meets community needs. Section 1302.12 Determining, Verifying, and Documenting Eligibility We propose to redesignate this section from § 1305.4 in the current regulation to § 1302.12 in this NPRM. Using the newly finalized § 1305.4 as a base, we propose to reorganize provisions to better mirror the style of this NPRM. As part of this reorganization we have made small changes to reduce confusion in the field resulting from the newly finalized provisions in 1305.4. Specifically, we propose to remove the separate paragraph (f) that describes categorical eligibility and incorporate this language into paragraph (c) so that all eligibility requirements are described under a single paragraph. We also propose to require verification of public assistance eligibility be based on documentation from a state or local public assistance office. This change is made in response to questions and confusion following the final rule on eligibility. Additionally, for clarity and to better reflect best practices in the field, we propose to add a few provisions. Specifically, in paragraph (a), we propose a new provision that allows programs to use an alternate effective method to determine eligibility. In paragraph (e), we propose to include existing statutory authority for tribal programs that operate Head Start and Early Head Start to reallocate funds between the two programs. We also propose to include existing statutory authority under a new paragraph (g) that allows programs in communities with 1,000 or fewer individuals to establish their own eligibility criteria as long as they satisfy the criteria outlined in section 645(a)(2) of the Act. We further propose to streamline provisions regarding multi-year eligibility and requirements to re-verify between Early Head Start and Head Start and for the unusual circumstance of a third year in Head Start to remove redundancy. We have also clarified that Early Head Start age eligibility ends at three unless the requirements at § 1302.70(b)(2) of the proposed rule apply. Finally, we propose to remove “pregnant women” from age eligibility requirements and the separate definition of family as it relates to “pregnant women”, as both of these provisions have caused unnecessary confusion and the eligibility rule did not change the requirements. While the changes in this section do not reflect substantive changes from the final rule published in February of 2015, we explicitly solicit comment on any provisions within this section that have resulted in unnecessary complications in the eligibility process. Section 1302.13 Recruitment of Children We propose to restructure current provisions and to streamline language for clarity while maintaining requirements in the existing rule. In this proposed section, the goal of the recruitment process is to reach all of those in need of services by actively informing families with eligible children of the availability of program services and encouraging them to apply for admission to the program. If necessary, a program must assist the family in completing the application. We also include a provision in this section, redesignated from § 1308.5(a), that programs must make an effort to actively recruit children with disabilities. Section 1302.14 Selection Process We propose to restructure this section so that programs understand that they must develop a selection process by which they use specific criteria to weigh selection of participants who have been deemed eligible. Paragraph (a)(1) of this proposed section lists the criteria by which a program must prioritize selection of participants. The revisions we propose simplify this information by enumerating criteria in a list format, explicitly link these criteria to a program's annual update of their community needs assessment, and add children experiencing homelessness and children in foster care to the priority list. We also propose to require programs to prioritize younger children in their selection process if publicly funded high quality pre-kindergarten spaces are available for four year olds for a full school day in the Head Start program's service area. We also propose to include provisions, which conform to the requirement in section 640(d) of the Act, that at least 10 percent of a program's total enrollment are children eligible for services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq. ), unless the responsible HHS official grants a waiver. The existing rule at § 1305.6(c) requires that 10 percent of enrollment opportunities consist of children with disabilities, and the revision conforms to changes in the Act. This requirement must, by definition, inform each grantee's selection process. In paragraph (c), we include existing provisions that delineate the requirements for developing and maintaining a waiting list of eligible participants. Section 1302.15 Enrollment We propose to redesignate provisions currently enumerated in § 1305.7 of the existing rule to this section and revise its title to remove the term re-enrollment, which is a concept we no longer use in this NPRM. The redesignated and revised provisions we propose to include in this section clarify program requirements with regard to maintaining its funded enrollment and ensuring continuity of enrollment, to the extent possible. Specifically, we propose to continue to require programs apply the eligibility of children enrolling in Early Head Start to the duration of participation in Early Head Start, with renewed income verification when the children transition to Head Start. These provisions are consistent with proposed § 1302.12, in which we maintain the provision from § 1305.7(c) that children in Head Start are automatically eligible for a second year. Further, in § 1302.15(c) we propose to clarify and simplify the provision in § 1305.7(a) of the existing rule, which allows for a third year of Head Start eligibility under exceptional circumstances as long as programs verify family income between the second and third year. In order to support enrollment of homeless children, we add a provision that programs may reserve slots for children experiencing homelessness. Since homeless children do not have a stable residence, they may move and enter a program after the beginning of the program year. This is an important provision for removing barriers to serving homeless children as required in section 640(m) of the Act. Given the large waiting lists maintained by programs and to ensure that a large number of slots are not vacant, no more than three percent of a programs funded enrollment may be reserved for this purpose. If a reserved slot is not filled within 30 days it becomes a vacant slot and must be filled within 30 days. We also propose to include children in foster care in this provision, given their family instability and the importance of early intervention, like that provided by Head Start, on their school readiness and long-term outcomes. 17 Finally, we propose to add a provision in § 1302.15(d) to allow programs to enroll children who are funded through non-Head Start sources including private pay. Research shows children's early learning is positively influenced by interactions with economically diverse peers. 18 19 Finally, in paragraph (e) we propose to add a provision to clarify current policy which requires programs to follow their state immunization enrollment and attendance requirements. This proposed provision is not a new requirement, rather it clarifies that programs are already subject to such state requirements. 17 Rankin, V. E., & Gonsoulin, S. (2014). Early learning is essential: Addressing the needs of young children potentially at risk for system involvement. Washington, DC: National Evaluation and Technical Assistance Center for Children and Youth Who Are Neglected, Delinquent, or At Risk (NDTAC). 18 Mashburn, A. J., Justice, L. M., Downer, J. T., & Pianta, R. C. (2009). Peer effects on children's language achievement during pre‐kindergarten. Child Development, 80 (3), 686-702. 19 Henry, G. T., & Rickman, D. K. (2007). Do peers influence children's skill development in preschool? Economics of Education Review, 26 (1), 100-112. Section 1302.16 Attendance We propose to promote regular attendance since research demonstrates that consistent attendance is predictive of school success. While more research has been conducted on K-12 school attendance, studies indicate that regular preschool attendance is also essential for success in preschool and beyond. For example, one study conducted in the Chicago Public Schools shows that preschool attendance is important for several reasons: (1) It sets up patterns for long-term school attendance; (2) children who regularly attend preschool perform better on kindergarten entry assessments tests; and (3) regular attendance enhances social-emotional development. 20 Another study in Tulsa found that preschoolers who attended regularly showed more growth in literacy skills than their peers who were frequently absent. 21 In Baltimore, researchers found that 25 percent of children who were chronically absent in pre-kindergarten and kindergarten were retained in later grades, compared to nine percent of their peers who regularly attended in these early years. 22 20 Ehrlich, S. B., Gwynne, J. A., Pareja, A. S., & Allensworth, E. M. (2013). Preschool Attendance in Chicago Public Schools. Research Summary. University of Chicago Consortium on Chicago School Research. 21 Community Action Project Tulsa County. (2012). Attendance Works Peer Learning Network Webinar. 22 Connolly, F., & Olson, L. S. (2012). Early Elementary Performance and Attendance in Baltimore City Schools' Pre-Kindergarten and Kindergarten. Baltimore Education Research Consortium. Consistent with the research mentioned above, the central addition to this section is the requirement that attendance be tracked for each child. We also propose to require programs take actions including attempting to conduct additional home visits and provision of support services, as necessary, to increase child attendance when children have four or more consecutive unexcused absences or are frequently absent. We would like to invite public comment specifically on this proposed change and whether experts and practitioners would recommend setting a different threshold than four days. To ensure that a child is safe when they do not come to school, we propose a new requirement that programs contact a parent if the child has not come to school and the parent has not called within one hour of program start time. Automated systems, such as those used in public school systems to call and/or text parents of absent children would be considered appropriate contact. In this section, we also strengthen the current standards related to systemic attendance issues indicated by an average monthly attendance falling below 85 percent by requiring programs to analyze the causes of absenteeism and use this data to inform their efforts related to ongoing oversight and correction, as well as continuous program improvement. We also propose a new provision and redesignate a provision to clearly delineate requirements to support the attendance of homeless children. Specifically, we redesignate § 1305.4(f)(2) of the final eligibility rule to § 1302.16(c)(1) as this requirement logically fits under supporting attendance for homeless children rather than categorical eligibility. We also add a provision to encourage programs to work with community partners and families of children experiencing homelessness to meet their needs, including through the provision of transportation services. However, such transportation services are not explicitly required. Section 1302.17 Suspension and Expulsion In this section, we propose limitations on the use of suspension and propose to prohibit programs from expelling children because of a child's behavior. Recent data indicate that expulsions and suspensions occur at high rates in preschool settings. 23 24 25 This is particularly troubling given that research suggests that school expulsion and suspension practices are associated with negative educational and life outcomes. 26 27 Head Start has a long-standing and continuing practice of preventing the expulsion or suspension of children, and facilitating transitions to more appropriate placements in circumstances where the child exhibits serious behavioral issues. Several of the standards in the existing regulation support this. However we want to ensure through explicit requirements that all programs are aware of these limitations and prohibitions and consistently implement them using best practice. 23 Gilliam, W. S. (2005). Prekindergarteners left behind: Expulsion rates in state prekindergarten systems. New York, NY: Foundation for Child Development. 24 Gilliam, W.S., & Shahar, G. (2006). Preschool and child care expulsion and suspension: Rates and predictors in one state. Infants & Young Children, 19, 228-245. 25 Lamont, J. H., Devore, C. D., Allison, M., Ancon [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2015-14379. Public record. Not legal advice.