Supporting the Head Start Workforce and Consistent Quality Programming

Federal RegisterNov 20, 2023

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 1301, 1302, 1303, 1304, and 1305

RIN 0970-AD01

Supporting the Head Start Workforce and Consistent Quality Programming

AGENCY:

Office of Head Start (OHS), Administration for Children and Families (ACF), Department of Health and Human Services (HHS).

ACTION:

Notice of proposed rulemaking.

SUMMARY:

We propose to add new requirements to the Head Start Program Performance Standards (HSPPS) to support and stabilize the Head Start workforce, including requirements for wages and benefits, breaks for staff, and enhanced supports for staff health and wellness. We also propose to enhance several existing requirements and add new requirements to promote consistent quality of services across Head Start programs. This includes proposed enhancements to requirements for mental health services to better integrate these services into every aspect of programs as well as elevate the role of mental health consultation to support the well-being of children, families, and staff. Enhancements are also proposed in the areas of family service, worker family assignments, identifying and meeting community needs, ensuring child safety, services for pregnant women and people, and alignment with State early childhood systems. Finally, we propose minor clarifications to existing standards to promote better transparency and clarity of understanding for grant recipients.

DATES:

Consideration will be given to comments received on or before January 19, 2024.

ADDRESSES:

You may submit comments, identified by [docket number and/or RIN number] by any of the following methods:

•

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

•

Mail:

Office of Head Start, Attention: Director of Policy and Planning, 330 C Street SW, 4th Floor, Washington, DC 20201.

Instructions:

All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this rulemaking. All comments received will be posted without change to

http://www.regulations.gov,

including any personal information provided.

FOR FURTHER INFORMATION CONTACT:

Lindsey Hutchison, Office of Head Start, Division of Planning, Oversight, and Policy, 202-205-8539,

OHS_NPRM@acf.hhs.gov.

Telecommunications Relay users may dial 711 first.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. Statutory Authority To Issue NPRM

III. Section-by-Section Discussion of Proposed Changes

Definition of Head Start and Related Terms (§ 1305.2)

Workforce Supports: Staff Wages (§ 1302.90)

The Need for Wage Requirements

Progress to Pay Parity for Head Start Education Staff With Elementary School Education Staff

Pay Scale for All Staff

Minimum Pay Requirement

Wage Comparability Across Head Start Preschool and Early Head Start

Staff for Whom Wage Standards Apply

Workforce Supports: Staff Benefits (§ 1302.90)

Workforce Supports: Staff Wellness (§ 1302.93)

Workforce Supports: Employee Engagement (§§ 1302.92, 1302.101)

Mental Health Services (Subpart D; Subpart H; Subpart I)

1302 Subpart A—Eligibility, Recruitment, Selection, Enrollment, and Attendance

1302 Subpart D—Health Program Services

§ 1302.40 Purpose

§ 1302.41 Collaboration and Communication With Parents

§ 1302.42 Child Health Status and Care

§ 1302.45 Child Mental Health and Social and Emotional Well-Being

§ 1302.46 Family Support Services for Health, Nutrition, and Mental Health

1302 Subpart H—Services to Enrolled Pregnant Women and People

1302 Subpart I—Human Resources Management

§ 1302.91 Staff Qualification and Competency Requirements

§ 1302.93 Staff Health and Wellness

Modernizing Head Start's Engagement With Families (§§ 1302.11; 1302.13; 1302.15; 1302.34; 1302.50)

Community Assessment (§ 1302.11)

Adjustment for Excessive Housing Costs for Eligibility Determination (§ 1302.12)

Migrant and Seasonal Head Start Eligibility (§ 1302.12)

Transportation & Other Barriers to Enrollment and Attendance (§§ 1302.14; 1302.16)

Serving Children With Disabilities (§ 1302.14)

Ratios in Center-Based Early Head Start Programs (§ 1302.21)

Center-Based Service Duration for Early Head Start (§ 1302.21)

Center-Based Service Duration for Head Start Preschool (§§ 1302.21; 1302.24)

Ratios in Family Child Care Settings (§ 1302.23)

Safety Practices (§ 1302.47)

Preventing and Addressing Lead Exposure (§ 1302.48)

Lead in Water

Lead in Paint

Notification

Conflicting Requirements

Family Service Worker Family Assignments (§ 1302.52)

Participation in Quality Rating and Improvement Systems (§ 1302.53)

Services to Enrolled Pregnant Women and People (§ 1302.80; § 1302.82)

Standards of Conduct (§ 1302.90)

Staff Training To Support Child Safety (§§ 1302.92; 1302.101)

Incident Reporting (§ 1302.102)

Facilities Valuation (§ 1303.44)

Definition of Income (§ 1305.2)

Definition of Federal Interest and Major Renovations (§ 1305.2)

Definition of the Poverty Line (§ 1305.2)

Effective Dates

Removal of Outdated Sections

Compliance With Sec. 641A(a)(2) of the Act

Severability

IV. Regulatory Process Matters

Regulatory Flexibility Act

Unfunded Mandates Reform Act of 1995

Federalism Assessment Executive Order 13132

Treasury and General Government Appropriations Act of 1999

Paperwork Reduction Act of 1995

V. Regulatory Impact Analysis

Introduction and Summary

A. Introduction

B. Summary of Benefits, Costs, and Transfers

Preliminary Economic Analysis of Impacts

A. Analytic Approach

B. Baseline: Budget, Staffing, and Slots

Baseline Budget Scenario

Baseline Scenario for Staffing, Wages, and Enrollment

Connecting Baseline Uncertainty With Differing Estimates of Regulatory Effects

C. Workforce Supports: Staff Wages and Staff Benefits

Wage-Parity Targets

Disaggregation of Wage-Parity Policy Implementation Costs

Impact of the Minimum Pay Requirement

Impact on Expenditures Through Wage Compression

Overall Impacts of Wage Parity on Expenditures, Holding Benefits Constant

Expenditures Associated With Fringe Benefits

Disaggregation of Fringe Benefit Estimates

Discussion of Uncertainty

D. Workforce Supports: Staff Wellness—Staff Breaks

E. Family Service Worker Family Assignments

F. Mental Health Services

G. Preventing and Addressing Lead Exposure

Lead in Water

Lead-Based Paint

H. Administrative Costs

I. Timing of Impacts

J. Sensitivity Analysis—Potential Enrollment Reductions

K. Alternative Policy Scenario: Required Retirement

L. Non-Quantified Impacts of Certain Elements of the Proposed Rule

Estimated Impact of Relevant Provisions on Slot Loss

Expected Impact of Preventing and Addressing Lead Exposure (§ 1302.48)

Additional Impact of Workforce Supports: Staff Wages and Benefits (§ 1302.90)

Estimated Impact of Mental Health Services (§ 1302 Subpart D; Subpart H; Subpart I)

Estimated Impact of Modernizing Engagement With Families (§ 1302.11; § 1302.13; § 1302.15; § 1302.34; § 1302.50)

Estimated Impact of Community Assessments (§ 1302.11)

Estimated Impact of Adjustment for Excessive Shelter Costs for Eligibility Determination (§ 1302.12)

Estimated Impact of Migrant and Seasonal Head Start Eligibility (§ 1302.12)

Estimated Impact of Serving Children With Disabilities (§ 1302.14)

Expected Benefits of Ratios in Center-Based Early Head Start Programs (§ 1302.21)

Expected Benefits of Center-Based Service Duration for Early Head Start (§ 1302.21)

Expected Benefits of Family Service Worker Family Assignments (§ 1302.52)

Expected Benefits of Participation in Quality Rating and Improvement Systems (§ 1302.53)

Expected Benefits of Services to Enrolled Pregnant People (§ 1302.80; § 1302.82)

Expected Benefits of Standards of Conduct (§ 1302.90)

Expected Benefits of Staff Training To Support Child Safety (§ 1302.92; § 1302.101)

Expected Benefits of Definition of Income (§ 1305.2)

Initial Small Entity Analysis

A. Description and Number of Affected Small Entities

B. Description of the Potential Impacts of the Rule on Small Entities

C. Alternatives To Minimize the Burden on Small Entities

I. Background

The Federal Head Start program provides early education and other comprehensive services to children birth to age 5 and during pregnancy in center- and home-based settings across the country. Since its inception in 1965, Head Start has been a leader in providing high-quality services that support the development of children from low-income families, helping them enter kindergarten more prepared to succeed in school and in life. Evidence continues to support the positive outcomes for children and families who participate in and graduate from Head Start programs.

The most essential component to accomplishing Head Start's mission of providing high-quality early childhood education and comprehensive services is the workforce of approximately 260,000 staff

that provide the services to children and families each day.

Deming, D. (2009). Early Childhood Intervention and Life-Cycle Skill Development: Evidence from Head Start. American Economic Journal: Applied Economics, 1:3, 111-134.; Lipscomb, S.T., Pratt, M.E., Schmitt, S.A., Pears, K.C., and Kim, H.K. (2013). School readiness is children living in non-parental care: Impacts of Head Start. Journal of Applied Developmental Psychology, 31 (1), 28-37.

Source: Head Start 2022 Program Information Report (PIR).

However, due to a severe nationwide staffing shortage, Head Start grant recipients across the country are struggling to retain and hire qualified staff to fully enroll classrooms. Early educators provide a critical foundation for children to learn and develop

and positively impact children's outcomes.

Strong, stable relationships between young children and educators are the key to promoting early development. If programs cannot retain high-quality staff, these relationships are disrupted and outcomes for children and families are negatively impacted.

Currently, Head Start programs across the nation are experiencing a severe staff shortage with turnover at its highest point in two decades.

For Head Start classroom teachers, the rate of turnover has more than doubled over the past decade.

Burchinal, M., Zaslow, M., & Tarullo, L. (eds.) (2016). Quality thresholds, features, and dosage in early care and education: Secondary data analyses of child outcomes.

Monographs of the Society for Research in Child Development. 81(2).

Choi, Y., Horm, D., Jeon, S. & Ryu, D. (2019). Do Stability of Care and Teacher-Child Interaction Quality Predict Child Outcomes in Early Head Start?,

Early Education and Development, 30:

3, 337-356.

Hamre, B., Hatfield, B., Pianta, R., Jamil, F. (2013).

Evidence for General and Domain-Specific Elements of Teacher-Child Interactions: Associations with Preschool Children's Development.

Child Development, 85:3; Grunewald, R., Nunn, R., Palmer, V. (2022).

Examining teacher turnover in early care and education.

Federal Reserve Bank of Minneapolis.

Source: Head Start 2022 PIR.

Ibid.

Low wages and poor benefits—despite increased expectations and requirements for staff—are a key driver of rapidly increasing staff turnover among Head Start teachers and staff. Since 2010, the share of Head Start Preschool teachers with a bachelor's degree increased substantially, but inflation-adjusted salaries for these teachers

decreased

by 2 percent.

Research indicates that well compensated early childhood teachers and staff have lower turnover rates and provide higher quality services.

For decades, the Head Start program has been subsidized by low paid workers committed to the mission; and the absence of clear Federal requirements for staff compensation has allowed this practice to continue. Urgent regulatory action is needed to stabilize the workforce and ensure the Head Start program can continue to fulfill its mission to promote strong outcomes for children and families. The background context and need for this regulatory action is expanded on further in the following paragraphs.

Source: Head Start 2010-2022 PIR.

Bassok, D., Doromal, J., Michie, M., & Wong, V. (2021).

The Effects of Financial Incentives on Teacher Turnover in Early Childhood Settings: Experimental Evidence from Virginia.

EdPolicyWorks at the University of Virginia.; Whitebook, M., Howes, C., & Phillips, D. (2014).

Worthy Work, STILL Unlivable Wages: The Early Childhood Workforce 25 Years after the National Child Care Staffing Study.

Center for the Study of Child Care Employment.

https://cscce.berkeley.edu/publications/report/worthy-work-still-unlivable-wages/.;

Whitebook, M., Sakai, L., Gerber, E., & Howes, C. (2001).

Then & Now: Changes in Child Care Staffing, 1994-2000.

Washington, DC: Center for the Child Care Workforce and Institute of Industrial Relations, University of California, Berkeley.

https://cscce.berkeley.edu/publications/report/then-and-now-changes-in-child-care-saffing-1994-2000/.

Through the

Improving Head Start for School Readiness Act of 2007

(the 2007 Reauthorization), which amended the Head Start Act (the Act), Congress required the Department of Health and Human Services (HHS) to ensure children and families receive the highest quality Head Start services possible. In line with this, Congress mandated HHS to revise the Head Start Program Performance Standards (HSPPS). Through the 2007 Reauthorization, Congress also made a number of changes to increase qualifications and other requirements for staff, particularly education staff. This proposed rule responds to the mandate to revise and improve the HSPPS in the Act and makes additional revisions to the HSPPS that were finalized in 2016.

The HSPPS, first published in the 1970s, are the foundation on which programs design and deliver high-quality, comprehensive services to children and their families. The HSPPS set forth the requirements local grant recipients must meet to support the cognitive, social, emotional, and healthy development of children enrolled in the program. They include requirements to provide education, health, mental health, nutrition, and family and community engagement services, as well as requirements for local program governance and Federal administration of the program. In response to requirements in the 2007 Reauthorization, HHS conducted a major revision of the performance standards, through a final rule published in 2016. In line with statutory requirements, the 2016 overhaul of the

performance standards updated and enhanced program requirements to reflect the latest science on child development, while also streamlining requirements where possible, to promote stronger transparency and support programs to deliver more efficient and effective services.

While the 2016 revision to the HSPPS gave careful attention to the type and quality of early education and comprehensive services to be provided to children and their families, as well as requirements for training, professional development, and qualifications for staff, other supports for the Head Start workforce were not included. Indeed, the 2007 Reauthorization and the 2016 revision to the HSPPS resulted in enhanced requirements and responsibilities for program staff, but lacked specific requirements for staff pay, benefits, and other supports for staff wellness necessary to sustain a workforce that could implement those quality provisions. For instance, while qualifications for Head Start preschool teachers have increased dramatically over the past decade (52 percent nationwide had a bachelor's degree in 2010 compared to 71 percent in 2022), inflation-adjusted salary for these teachers

decreased

by 2 percent during this timeframe, from $39,912 in 2010 to $39,096 in 2022.

Given the increased expectations and requirements for these staff positions without corresponding increases in wages, it is unsurprising that turnover among classroom teachers as well as other staff positions has increased markedly over the past decade.

Source: Head Start 2022 PIR.

Source: Head Start 2010-2022 PIR.

For decades, Head Start staff—particularly frontline staff whose daily job responsibilities include working directly with children and families—have received low, stagnant wages, poor benefits, and inadequate supports for health and wellness. Research demonstrates that low wages in the early care and education (ECE) sector are a critical driver of staff turnover.

Frontline Head Start staff do important and difficult jobs to promote the development of children participating in Head Start and provide individualized supports to families. A strong relationship between a child and their early educator provides the foundation for all learning and development in ECE settings.

Stability and continuity in these relationships are important for high-quality care and for supporting positive developmental outcomes for children.

Conversely, a higher rate of turnover among ECE staff is associated with lower quality services and care, as well as poorer developmental outcomes for children.

For instance, research has demonstrated that turnover among early childhood educators is linked to worse cognitive and social developmental outcomes in children birth to age 5.

Given this, the unprecedented rate of turnover and staff vacancies programs are currently experiencing is concerning and threatens the stability of the national Head Start program and the quality of services it provides, which are a critical resource for hundreds of thousands of families annually.

Whitebook, M., Philipps, D., & Howes, C. (2014). Worthy work, still unlivable wages: The early childhood workforce 25 years after the national child care staffing study.

Center for the Study of Child Care Employment.

Lippard, C.L., La Paro, K.M., Rouse, H.L., Crosby, D.A. (2018). A closer look at teacher-child relationships and classroom emotional context in preschool.

Child Youth Care Forum,

47, 1-21.; Sabol, T.J. & Pianta, R.C. (2012). Recent Trends in Research on Teacher-Child Relationships.

Attachment and Human Development, 14

(3), 213-231.

Pianta, R. & Stuhlman, M.W. (2019). Teacher-child relationships and children's success in the first years of school.

School Psychology Review, 33

(3), 444-458; Ros Pilarz, A. & Hill, H.D. (2014). Unstable and multiple child care arrangements and young children's behavior.

Early Childhood Research Quarterly,

29(4), 471-483; Tran, H. & Winsler, A.W. (2011). Teacher and center stability and school readiness among low-income, ethnically diverse children in subsidized, center-based child care.

Children and Youth Services Review, 33

(11), 2241-2252.

Hale-Jinks, C., Knopf, H., & Kemple, K. (2006). Tackling teacher turnover in childcare: Understanding causes and consequences, identifying solutions.

Childhood Education, 82,

219-226.

Hale-Jinks, Knopf, & Kemple (2006). Tackling teacher turnover in childcare: Understanding causes and consequences, identifying solutions.

Childhood Education, 82,

219-226.

Head Start and ECE programs nationwide have faced increasing rates of staff turnover, a situation that has been exacerbated drastically by the COVID-19 pandemic. While high staff turnover rates are an issue for the entire ECE sector in the United States, HHS has the authority and opportunity to address the systemic problems driving high turnover in Head Start, and this NPRM proposes policies to address these issues. In 2022, turnover across all staff positions was 19 percent, marking the highest rate of turnover in Head Start in over two decades, and a drastic jump from 13.5 percent in 2019 (prior to the COVID-19 pandemic). While turnover rates were exacerbated by the labor market conditions during the pandemic, the workforce challenges in Head Start remain intractable even after some other industries have regained pre-pandemic employment levels. Because Head Start serves the children and families most in need, it is critical the workforce is well-positioned to be stable as communities recover from the pandemic and during and after future emergencies. Thus, the changes in this proposed regulation are necessary in both the long and short terms. The staffing crisis faced by programs across the nation is an untenable situation for the future of Head Start. This proposed regulation is urgently needed to establish clearer requirements for programs to support and stabilize their workforce, while also serving those children and families most in need of Head Start services. The challenges faced by the workforce—and the need for Federal guardrails in the form of additional regulations—are described in additional detail in the subsequent section,

Workforce Supports: Staff Wages.

This NPRM will also propose new or enhanced standards to promote more consistent implementation of quality services in other programmatic areas. Enhancements and clarifications to existing standards are proposed in the following areas: family service worker caseloads; procedures for identifying and meeting community needs, including consideration of transportation as a possible barrier to children's attendance; ensuring child safety; services for pregnant women and people; and better aligning with State early childhood systems. We also propose enhancements to requirements for mental health services to integrate mental health more fully into every aspect of program services, as well as elevate the role of mental health consultation to support the well-being of children, families, and staff. Existing requirements in the performance standards in these areas are broad and flexible and have contributed to wide variation in the quality of the implementation of those standards. For instance, some programs have many families (

e.g.,

more than 100

) assigned to one family service worker, which reduces the quality of services provided to each family. Many programs have also made decisions to cut transportation services as a primarily budgetary decision, resulting in families in need of services no longer being able to attend the program. Within constrained budgets, programs must make difficult choices about where to invest funds as they strive to provide high-quality Head Start services to as many eligible children as possible. Programs often make decisions aimed at

enrolling as many children and families as possible and sometimes accomplish this by cutting back on critical areas of services. The enhancements proposed in this NPRM will promote more consistent implementation of program services across a variety of areas, ultimately improving outcomes for enrolled children and their families.

Source: Head Start 2022 PIR.

Additionally, since the inception of the 2016 revision to the performance standards, the Administration for Children and Families (ACF) received feedback about areas where standards have not been implemented as intended in the field, or areas where standards are not clear. Therefore, this proposed regulation will also enhance and clarify standards across a variety of areas, codify certain essential best practices, and/or streamline processes for programs implementing the standards, with the goal of further improving the quality of services.

Finally, the changes proposed to the HSPPS are necessary to maintain the quality of the Head Start program and respond to the current early childhood landscape which has changed dramatically since the HSPPS were first published in the 1970s and even since the 2016 overhaul of the HSPPS. As discussed elsewhere, Head Start workforce compensation has not kept pace with inflation or with rising wages in other industries. Further, post-pandemic workforce recovery has been slow and mental and behavioral health issues have risen among children and adults. Head Start programs must adapt and evolve to continue leading the sector in quality programing for children and families. These factors together suggest that regulatory action is warranted and necessary. As explained in detail in this section and throughout the NPRM, stronger workforce supports are necessary to meet the purpose of the Act of promoting school readiness for low-income children.

See

42 U.S.C. 9831. The Act authorizes the Secretary to modify the program performance standards as necessary, and while the proposals here retain flexibility and discretion that Head Start programs are accustomed to, it is evident by the lagging compensation and other workforce supports that additional guardrails are necessary to maintain quality. Head Start's standards have historically provided a benchmark for high-quality early childhood programs. This NPRM affirms that higher wages and benefits are a key driver of quality in early childhood.

Establishing the new or enhanced standards described below—particularly for the workforce—will promote higher-quality services for children in Head Start programs across the country and are necessary to ensure there is a stable workforce to maintain consistent operations. There will be a substantial cost associated with enacting the proposed standards at current Head Start funded enrollment levels. However, ACF asserts that the policy proposals in this NPRM are necessary for the Head Start program to continue to operate effectively and meet its mission. ACF understands that as a result of these necessary reforms, one potential impact could be a reduction in Head Start slots in some programs in order to ensure the quality of services delivered. The NPRM proposals contain some ability to mitigate the magnitude of slot loss by providing a longer implementation timeline for the proposed wage requirements (see a further discussion on this in the section on

Workforce Supports: Wage Requirements

). While slot loss is a difficult trade-off, a number of programs are already reducing slots because they are forced to close classrooms due to a severe shortage of qualified staff. The current staffing shortage needs to be addressed quickly, as it is imperative that programs be able to retain qualified staff in order to provide high-quality services to children and prepare them for success in elementary school and beyond.

Failure to act would threaten the ability for Head Start to continue to recruit and retain effective staff and thereby deliver high-quality services. This action carefully balances the ability of programs to maintain staffing with the goal to serve as many children as possible, while helping stabilize the Head Start program long-term. Further, the establishment of new or enhanced expectations in program quality through the proposed standards described in this NPRM will provide a better foundation for more consistent implementation of high-quality services and provide an opportunity for future Congressional investments in quality improvement.

Barr, A., & Gibbs, C.R. (2002). Breaking the Cycle? Intergenerational Effects of an Antipoverty Program in Early Childhood.

Journal of Political Economy, 130.;

Bauer, L., & Schanzenbach, D. (2016).

The Long-Term Impact of the Head Start Program.

The Hamilton Project, The Brookings Institution.; Deming, D. (2009). Early Childhood Intervention and Life-Cycle Skill Development: Evidence from Head Start.

American Economic Journal: Applied Economics,

111-134. Montialoux, C. (2016).

Revisiting the impact of Head Start.

IRLE: Institute for Research on Labor and Employment. University of California: Berkeley; Phillips, D., Gormley, W., & Anderson, S. (2016). The Effects of Tulsa's CAP Head Start Program on Middle-School Academic Outcomes and Progress.

Developmental Psychology 52

(8), 1247-61.

II. Statutory Authority To Issue NPRM

We publish this NPRM under the authority granted to the Secretary of Health and Human Services by sections 640(a)(5)(A)(i) and (B)(viii), 641A, 645, 645A, 648A, and 653 of the Act (42 U.S.C. 9835, 9836a, 9840, 9840a, 9843a, and 9848), as amended by the Improving Head Start for School Readiness Act of 2007 (Pub. L. 110-134). Under these sections, the Secretary is required to establish performance standards and other regulations for Head Start and Early Head Start programs. Specifically, the Act requires the Secretary to “. . . modify, as necessary, program performance standards by regulation applicable to Head Start agencies and programs . . .”

and explicitly directs the Secretary to prescribe eligibility standards, establish staff qualification goals, and assure the comparability of wages. This rule meets the statutory requirements Congress put forth in its 2007 bipartisan reauthorization of the Head Start and addresses Congress's mandate that called for the Secretary to review and revise the performance standards. As discussed throughout the preamble, the performance standards in this proposed rule build upon field knowledge and experience to codify best practices and ensure Head Start programs deliver high-quality education and comprehensive services to the children and families they serve. The Secretary has determined that the modifications to performance standards contained in this regulation are appropriate and needed to effectuate the goals of the performance standards and the purposes of the Act.

See section 641A(a)(1) and (2) of the Act.

III. Section-by-Section Discussion of Proposed Changes

Definition of Head Start and Related Terms (§ 1305.2)

Section 1305.2 establishes definitions for key terms used throughout the HSPPS. These include terms to define programs that operate Head Start services, including

Early Head Start Agency, Head Start Agency,

and

Program.

We begin by explaining proposed changes to clarify these terms and definitions used to describe Head Start and Early Head Start programs. Our proposed changes will also promote more consistent use of these terms throughout the HSPPS and in sub-regulatory policy guidance and training and technical assistance (TTA) materials developed by ACF. The proposed revised terms and definitions described in this section are also used throughout

the rest of the preamble to describe other proposed changes, where applicable.

First, the term

Head Start,

which is not currently defined in § 1305.2, is used inconsistently throughout the current HSPPS, sometimes in reference to a program that serves children ages three to compulsory school age and other times in reference to any type of program authorized under the Act. Consequently, this inconsistency is also present throughout sub-regulatory policy and TTA documents published by ACF. In some cases, a footnote is used to denote that the term

Head Start

refers to programs including Head Start, Early Head Start, and Migrant or Seasonal Head Start (MSHS). In other cases, the phrase “Head Start and Early Head Start” is used to represent all types of programs. This inconsistency may be challenging for those who are new to Head Start and troublesome for the field in the general. ACF recognizes the need for consistent and clear terminology in this area.

Therefore, we propose to use the term

Head Start

as an umbrella term that represents all program types authorized under the Act. We propose to add to § 1305.2 a definition for

Head Start

that states that

Head Start

refers to any program authorized under the Head Start Act. Furthermore, we propose to add to § 1305.2 a definition for

Head Start Preschool

so that programs that provide services to children from age three to compulsory school age will be referred to as Head Start Preschool (HSP). In order to maintain consistency across definitions of program types, we also propose adding a definition of

Early Head Start

that refers to a program that serves pregnant women and children from birth to age three.

We propose two other definitional changes to align with the revised terms above. First, we propose to revise the current definition of

Program

by striking “a Head Start” and adding “any funded Head Start Preschool;” striking “migrant, seasonal, or” and replacing with “Migrant or Seasonal Head Start;” and striking the word “program” and adding “or other program authorized” after the comma.

Furthermore, we propose to revise the definition of

Head Start Agency

to add the word “Preschool” after “Head Start” and replace the words after “program” with “, an Early Head Start program, or Migrant or Seasonal Head Start program pursuant to the Head Start Act.” We further propose to update the usage of these terms as they are used throughout the HSPPS.

We propose to remove the term Early Head Start Agency. We further propose a nomenclature change of “grantee” to “grant recipient”. We do not propose any changes to other relevant terms including

Agency, Delegate Agency, Indian Head Start Agency,

and

Migrant or Seasonal Head Start Program.

We believe that these revised definitions will provide more clear and consistent terminology when referring to the various program types authorized by the Act and to the entirety of Head Start. Distinguishing Head Start Preschool from Head Start is intended to improve comprehension for both experienced and novice readers of the HSPPS and will codify the colloquial use of the term Head Start.

Note that ACF will not consider comments regarding changes to the HSPPS that purely reflect the updated usage of these terms, such as those throughout Part 1304 Subpart B—Designation Renewal.

Workforce Supports: Staff Wages (§ 1302.90)

Section 1302.90 outlines requirements for personnel policies, including the establishment of personnel policies and procedures, background check procedures, standards of conduct, and communication with dual language learners. In this section, we propose the addition of a new paragraph (e) that outlines four areas of proposed requirements for wages for Head Start staff. First, we describe requirements for programs to make progress to pay parity with kindergarten to third grade teachers, for Head Start education staff who work directly with children as part of their daily job responsibilities. Head Start programs will demonstrate progress to parity by ensuring that Head Start educators are paid at a rate that is at least comparable to preschool teachers in public school settings. Second, we describe requirements to establish or enhance a salary scale, wage ladder, or other pay structure that applies to all staff in the program and incorporates the requirements for pay for education staff. Third, we describe requirements that all staff must receive a salary that is sufficient to cover basic costs of living in their geographic area, including those at the lowest end of the pay structure. Lastly, we describe requirements to affirm and emphasize that the requirements for progress to pay parity should also promote comparability of wages across Head Start Preschool and Early Head Start staff positions. Taken together, implementing this set of standards will stabilize and strengthen Head Start programs across the country by ensuring competitive wages that will promote recruitment and retention of qualified staff and support delivery of high-quality education and comprehensive services for children and families. These proposed standards will also support more equitable, fair wages for a workforce that is largely comprised of women and people of color.

In addition to the authority to modify all program performance standards, the Head Start Act mandates that programs provide compensation that is adequate to attract and retain qualified staff to enhance program quality.

See

42 U.S.C. 9836A(a) and 42 U.S.C. 9835(a)(5)(i). Section 653 of the Head Start Act, 42 U.S.C. 9848 directs the Secretary to encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience. This section also directs the Secretary to take such actions as are necessary to assure that compensation is not in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of persons providing substantially comparable services as well as

See

42 U.S.C. 9848. Historically, the Office of Head Start has seen very few instances of excessive compensation for staff, especially for education staff, as evidenced in data from the Program Information Report (PIR). Nothing in these proposed regulations is expected to result in the excess compensation described by Congress in this section. In rare cases, there may be some risk that positions of leadership are paid salaries in excess of compensation paid to similar positions. This risk should be addressed with a program's wage scale. However, this limit is not intended to suppress wages, because, as discussed herein, underpaid staff is a pervasive issue. This section makes it clear that staff salaries should be comparable to compensation in other comparable services, including consideration of salaries paid to elementary school staff. The proposed requirements will help programs design their staff compensation packages and salary scales while still allowing programs some flexibility to determine what works best for their program.

The Need for Wage Requirements

The main goals of Head Start programs are to support the development of children from low-income families and to promote economic self-sufficiency for families through the delivery of high-quality comprehensive services. Head Start's critical mission is carried out every day by the staff working with children and families. Strong, stable relationships between children and their early educators provide the foundation for

children to learn and develop.

Indeed, research indicates that high-quality interactions between staff and children in ECE settings relate to stronger developmental outcomes for children.

Conversely, high turnover among ECE staff is related to lower quality education and care and poorer outcomes for enrolled children.

But, as described previously, Head Start programs nationwide are experiencing a severe shortage of staff across a variety of positions, particularly for those that provide direct services to children and families. The staffing crisis is a result of a confluence of factors, including persistently low, stagnant wages, particularly for frontline staff; a lack of comprehensive benefits; and insufficient supports for staff health and wellness, despite increased need for staff to be more qualified, more competent, and bear more complex job responsibilities. Urgent action and change are needed to stabilize the Head Start workforce to ensure the future viability of Head Start programs nationwide.

Lippard, C.L., La Paro, K.M., Rouse, H.L., Crosby, D.A. (2018). A closer look at teacher-child relationships and classroom emotional context in preschool.

Child Youth Care Forum,

47, 1-21; Sabol, T.J. & Pianta, R.C. (2012). Recent Trends in Research on Teacher-Child Relationships.

Attachment and Human Development, 14

(3), 213-231.

Nguyen, T., Ansari, A., Pianta, R., Whittaker, J.V., Vitiello, V.E., & Ruzek, E. (2020). The classroom relational environment and children's early development in preschool.

Social Development, 00,

1-21; Pearlman, M., Falenchuk, O., Fletcher, B., McMullen, E., Beyene, J., & Shah, P. (2016).

A Systematic Review and Meta-Analysis of a Measure of Staff/Child Interaction Quality (the Classroom Assessment Scoring System) in Early Childhood Education and Care Settings and Child Outcomes,

PLOS ONE 11 (12).

Bassok, D., Markowitz, A.J., Bellows, L., Sadowski, K. (2021). New Evidence on Teacher Turnover in Early Childhood.

Educational Evaluation and Policy Analysis, 43

(1), 172-180; Phillips, D., Austin, L.J.E., & Whitebook, M. (2016). The Early Care and Education Workforce.

The Future of Children, 26

(2), 139-158.

The qualifications, expectations, and responsibilities of Head Start staff have significantly increased over the past decade, first with the reauthorization of the Head Start Act in 2007 and then with the revisions to the HSPPS finalized in 2016. This increase in expectations and responsibilities is largely a reflection of advancing science in child development, particularly research on birth to 5 as an important period for brain development and as a critical foundation on which all later development builds.

Relatedly, our understanding of what an early educator needs to know and do in order to effectively promote child development during this period has also advanced. A notable report from the National Academies for Science, Engineering, and Medicine provided a framework for knowledge and competencies that early educators need, grounded in the latest science on child development.

A subsequent report from the National Academies highlighted the importance of a highly qualified ECE workforce that is well compensated with appropriate professional development supports and career opportunities, in order to provide high quality services to children and families.

Institute of Medicine and National Research Council. (2015).

Transforming the Workforce for Children Birth Through Age 8: A Unifying Foundation.

Washington, DC: The National Academies Press.; National Research Council and Institute of Medicine. (2000).

From Neurons to Neighborhoods: The Science of Early Childhood Development.

Committee on Integrating the Science of Early Childhood Development. Jack P. Shonkoff and Deborah A. Phillips, eds. Board on Children, Youth, and Families, Commission on Behavioral and Social Sciences and Education. Washington, DC: National Academies Press.

Institute of Medicine and National Research Council. (2015).

Transforming the Workforce for Children Birth Through Age 8: A Unifying Foundation.

Washington, DC: The National Academies Press.

National Academies of Sciences, Engineering, and Medicine. (2018).

Transforming the Financing of Early Care and Education.

Washington, DC: The National Academies Press.

However, these increased expectations, qualifications, and requirements have not been followed by increases in compensation. As a result, average wages have remained low and stagnant for years, particularly for staff who work directly with children and families as their primary job responsibility. From 2010 to 2022, the share of Head Start Preschool teachers with a bachelor's degree increased from 52 percent to 71 percent, but inflation-adjusted salaries for these teachers

decreased

by 2 percent during this timeframe, with an average teacher salary of just $39,096 in 2022 compared to $39,912 in 2010.

By comparison, in 2022, the average salaries for a preschool teacher in a school-based setting and a kindergarten teacher were $53,200 and $65,120, respectively.

Source: Head Start 2010-2022 PIR.

U.S. Bureau of Labor Statistics. Occupational Employment and Wages. May 2022. 25-2012 Kindergarten Teachers, Except Special Education.

https://www.bls.gov/oes/current/oes252012.htm;

U.S. Bureau of Labor Statistics. Occupational Employment and Wages. May 2022. 25-2011 Preschool Teachers, Except Special Education.

https://www.bls.gov/oes/current/oes252011.htm.

This is a persistent issue not just for Head Start, but also for the broader early childhood field. ECE as a field is comprised primarily of women—including a large share of women of color—doing work that has been historically uncompensated and led to today's workforce being undervalued and underpaid.

Additionally, ACF administrative data indicates that just over 60 percent of Head Start education staff (

i.e.,

teachers, assistant teachers, home visitors, and family child care providers) are people of color.

It is critical to maintain and strengthen the incredible diversity of our workforce while we seek to fix the historic problem of a reliance on staff committed to the mission of early care and education that has led to an underpaid workforce today. This is especially important since Head Start programs serve a large share of children of color and there are benefits when program staff reflect the communities they serve.

Whitebook, M., Philipps, D., & Howes, C. (2014).

Worthy work, still unlivable wages: The early childhood workforce 25 years after the national child care staffing study.

Center for the Study of Child Care Employment; U.S. Department of Labor (2022).

Bearing the cost: How overrepresentation in undervalued jobs disadvantaged women during the pandemic. https://www.dol.gov/sites/dolgov/files/WB/media/BearingTheCostReport.pdf.

Source: Head Start 2021 PIR.

Downer, J.T., Goble, P., Myers, S.S., & Pianta, R.C. (2016). Teacher-child racial/ethnic match within pre-kindergarten classrooms and children's early school adjustment.

Early Childhood Research Quarterly, 37,

26-38.; Markowitz, A., Bassok, D., & Grissom, J.A. (2020). Teacher-child racial/ethnic match and parental engagement with Head Start.

American Educational Research Journal, 57(5),

2132-2174.

In addition to low compensation, Head Start staff often report insufficient supports for their health and wellness. Even prior to the pandemic, many Head Start programs reported challenges with increasing rates of staff stress and burnout, which is a common experience throughout ECE programs. See the section in this NPRM on

Workforce Supports: Staff Wellness

for a fuller discussion on the poor physical and mental health experienced by Head Start and other ECE staff, as well as proposed new standards for supports to address these issues.

Taken together, low wages and benefits for demanding work, and high rates of stress and burnout, are causing qualified staff to leave for higher paid positions with better benefits in public schools or to leave the early childhood field entirely (

e.g.,

retail, service, food industries).

The turnover rate for Head Start classroom teachers doubled over the past decade, from 11 percent in 2010 to an alarming 22 percent in 2022.

As a point of comparison, in 2019, turnover for preschool teachers in school-based

settings was about 7.7 percent.

This situation has also been exacerbated by the COVID-19 pandemic, during which staff continued to do their utmost to support children and families despite high uncertainty and widespread closure of many aspects of the economy across the country. Across all Head Start staff positions, between 2019 and 2022 turnover jumped by an unprecedented 41 percent, from 13.5 percent to 19 percent.

National Head Start Association (NHSA). (2023).

An Update on Head Start's Ongoing Workforce Crisis.

Washington, DC: NHSA.

Source: Head Start 2022 PIR.

Grunewald, R., Nunn, R., Palmer, V. (2022).

Examining teacher turnover in early care and education.

Federal Reserve Bank of Minneapolis.

Ibid.

Overall, these turnover rates are sobering and have grim implications for the viability of Head Start if they are not addressed. Given these rates of turnover, it is unsurprising that many programs are unable to reach full enrollment and/or are impeded from providing high-quality services to enrolled children and families. Inadequate and unstable staffing prevents programs from opening all classrooms, conducting home visits, providing family services, or providing transportation services. In April 2022, about two-thirds of Head Start programs reported experiencing significant enrollment challenges and half of those programs reported that staffing shortages contributed to those challenges, which resulted in many classroom closures.

Furthermore, in a 2022 survey of 900 Head Start programs staff conducted by the National Head Start Association, 85 percent of respondents indicated staff turnover was higher than in a typical program year. Almost all respondents (90 percent) said staff shortages forced their programs to close classrooms either permanently or temporarily. Over half (57 percent) of respondents said compensation is the number one reason staff are leaving Head Start programs.

Source: Head Start program monthly enrollment data reported internally to OHS. Note that the percent of programs experiencing staffing challenges is likely higher since it was not explicitly requested that programs report this information.

National Head Start Association (NHSA). (2022).

Confronting Head Start's Workforce Crisis.

Washington, DC: NHSA.

In a November 2022 survey conducted by ACF on a random sample of Head Start grant recipients, the majority reported experiencing shortages with teaching positions (85 percent), assistant teaching positions (86 percent), bus drivers (70 percent), and home visitor positions (60 percent).

At least half of those recipients described the staff shortage as very severe for teachers (59 percent), bus drivers (53 percent), and assistant teachers (50 percent).

These shortages were forcing the closure of a large portion of classrooms for the majority of respondents, with nearly half reporting difficulty keeping up to a quarter of their classrooms open and another 16 percent reporting difficult keeping up to half of their classrooms open.

Source: OHS administered survey on background checks and the workforce. Percentages exclude positions reported as not applicable.

In the survey, recipients were instructed that “high” or very severe indicates the staffing shortage is a severe problem for that position. For example, there are several staff vacancies and/or relatively high turnover, impacting enrollment to a great extent; there are concerns that these issues cannot be resolved within the next few months.

This problem is not unique to Head Start, as a recent study in North Carolina found that the most common reason staff leave the early childhood workforce in the State is to make more money.

Indeed, a large body of research indicates that low wages in the field of ECE are a strong driver of turnover among staff. And some research indicates that low wages are in fact the strongest determinant of staff turnover, with the lowest paid early educators being twice as likely to leave their jobs compared to the highest paid early educators.

Child Care Services Association, 2020.

childcareservices.org/wp-content/uploads/2020/02/CCSA_2020_TchrTurnover_Brief_Final_Interactive-FINAL.pdf.

Caven, M., Khanani, N., Zhang, X., & Parker, C. E. (2021).

Center-and program-level factors associated with turnover in the early childhood education workforce (REL 2021-069).

U.S. Department of Education, Institute of Education Sciences, National Center for Education Evaluation and Regional Assistance, Regional Educational Laboratory Northeast & Islands.; Whitebook, M., Howes, C., & Phillips, D. (2014).

Worthy Work, STILL Unlivable Wages: The Early Childhood Workforce 25 Years after the National Child Care Staffing Study.

Center for the Study of Child Care Employment.

https://cscce.berkeley.edu/wp-content/uploads/publications/ReportFINAL.pdf.

Each staff position in a program is critical to the mission and vision of Head Start, and to the delivery of high-quality services. As summarized previously, strong, stable relationships between young children and their teachers and caregivers provide a critical foundation for children to learn and develop.

If programs cannot retain high-quality education staff, these relationships are disrupted and outcomes for children and families are negatively impacted.

Research indicates that stable early care and education and strong teacher-child relationships positively influence children's outcomes.

In addition, family services staff in Head Start programs play a critical role of engaging and supporting economic stability of families (see the section on

Family Service Worker Family Assignments

for a further discussion on the critical role of these staff). Further, capable, consistent leadership and management staff are necessary to support a high functioning work environment that is positive and welcoming for both direct service staff and children and families. Bus drivers, janitors, and cooks are needed to ensure other important aspects of Head Start services are provided in a high-quality manner, including safe transportation, clean environments, and nutritious meals for children. Without a workforce at all levels that is stable, well-compensated, and supported, Head Start is not able to fully meet its mission of closing the achievement gap and preparing young children from low-income families for entry into kindergarten. Head Start staff work with children that need a range of developmental supports to ensure their success and preparedness for school. In order to break the cycle of poverty for children in Head Start, it is critical that the key change agents in this process (the staff) are compensated appropriately and supported in achieving their mission.

Burchinal, M., Zaslow, M., & Tarullo, L. (eds.) (2016). Quality thresholds, features, and dosage in early care and education: Secondary data analyses of child outcomes.

Monographs of the Society for Research in Child Development. 81(2).

Hamre, B., Hatfield, B., Pianta, R., Jamil, F. (2013).

Evidence for General and Domain-Specific Elements of Teacher-Child Interactions: Associations with Preschool Children's Development.

Child Development, 85:3; Grunewald, R., Nunn, R., Palmer, V. (2022).

Examining teacher turnover in early care and education.

Federal Reserve Bank of Minneapolis.

Choi, Y., Horm, D., Jeon, S. & Ryu, D. (2019). Do Stability of Care and Teacher-Child Interaction Quality Predict Child Outcomes in Early Head Start?, Early Education and Development, 30:3, 337-356.

To promote the retention of talented staff at all levels of the program, fill vacancies in a sustainable manner, keep classrooms open, provide the highest quality services, and ultimately promote strong outcomes for enrolled children and their families, staff must receive compensation (wages and benefits) that better reflects their experience and qualification and the value and importance of their critical work, as well as necessary staff wellness supports.

Compensation must be competitive with other local employers that draw qualified staff away from

Head Start, including local school districts.

Institute of Medicine (IOM) and National Research Council (NRC). 2015.

Transforming the workforce for children birth through age 8: A unifying foundation.

Washington, DC: The National Academies Press.; Rhodes, H., & Huston, A. (2012). Building the Workforce Our Youngest Children Deserve. Social Policy Report. Volume 26, Number 1.

Society for Research in Child Development.

There is a clear need for better guardrails in the form of strong Federal requirements in this area. While ACF strongly values local flexibility and has historically allowed for substantial local flexibility in many areas of service delivery, in other areas, the HSPPS are quite prescriptive about what all programs must do. One area in which flexibility is most prominent is in what ACF currently requires for the workforce, including wages, benefits, and other supports for health and wellness. For instance, currently, the HSPPS do not require wage targets or include other compensation requirements for Head Start programs, and national program data show that Head Start grant recipients have historically prioritized serving more children over increasing wages for qualified education staff to be comparable to similar industries that compete for these staff, particularly elementary schools. This is not because programs do not value their staff or want to compensate them fairly.

Without additional appropriations, programs would have to serve fewer children to achieve the necessary cost savings to fund increases in staff compensation. Faced with this difficult decision to either increase staff compensation or serve the same number or more children, Head Start grant recipients have, in general, chosen to serve the same or more children and have chosen to rely on a mission-committed workforce—largely women of color—to bear the cost of this decision. In the fall of 2022, ACF published an information memorandum (IM) encouraging programs to consider restructuring their programs, including reducing the number of children served if needed, in order to permanently increase staff compensation. Since the release of this IM, many programs have responded to this guidance and taken initial steps to improve wages; however, despite this, compensation for Head Start staff still falls far below that in the public education sector. It is clear that regulatory action is needed in order to provide Head Start staff with appropriate compensation and stabilize the program long-term.

The proposed changes to workforce supports will provide clarity to Head Start grant recipients that, in the absence of additional appropriations, slot loss is an acceptable tradeoff in order to improve staff compensation and other supports. Without required compensation targets at the Federal level, severe inequities in the pay of these workers will likely persist. This fact jeopardizes the ability of Head Start programs to provide high-quality services and promote strong outcomes for children and results in classrooms being closed due to staffing shortages.

In other words, failure to address the current severe inequities in pay would likely also have a negative impact on the number of children served due to ongoing and worsening staffing shortages. The proposed regulations in this area will promote consistent expectations in staff pay and once implemented, will substantially increase the ability of programs to recruit and retain qualified staff.

Even at the expense of serving more children in the absence of additional appropriations, these changes are necessary for Head Start programs to enable the children that are served to reach their full potential and attain school readiness. A stable, well-qualified workforce is fundamental to providing high-quality Head Start services to children and families.

We recognize there will be costs associated with enacting the proposed standards at current Head Start funded enrollment levels, however, we note that the number of children currently served in Head Start is well below the funded enrollment level, primarily due to closed classrooms because programs cannot find qualified staff. While programs may need to reduce their funded slots to better reflect their enrollment levels, we expect that many programs will be able to redirect portions of their budget to wage increases and other requirements. As described in this section, we propose a 7-year ramp-up for the full implementation of the new wage requirements. This will allow ample time for programs to prepare for implementation. Due to the long implementation timeline, reductions in the number of children served would not be realized immediately or soon after the effective date of a final rule and would only occur in future years in the absence of additional funding. We understand funded slot loss is a difficult trade-off to consider, but a number of programs are already requesting and enacting slot reductions due to closed classrooms that are a result of staffing challenges, and programs are often proposing to reinvest these cost savings into better wage and other supports for staff. The current staffing challenges and inequities that Head Start is facing make it imperative to act now to establish these requirements that are critical to set the Head Start program on the pathway to stabilizing their workforce that can allow for continued high quality operations of this program.

The following four sections go into more detail on the proposed standards to establish this pathway which include requirements for: (1) progress to pay parity for Head Start education staff with elementary school education staff (§ 1302.90(e)(2); (2) pay scale for all staff (§ 1302.90(e)(1)); (3) minimum pay standard § 1302.90(e)(3); and (4) wage comparability across Head Start Preschool and Early Head Start § 1302.90(e)(4).

Progress To Pay Parity for Head Start Education Staff With Elementary School Education Staff

We intentionally begin with a discussion of the proposed standards in new paragraph § 1302.90(e)(2),

Progress to pay parity for education staff with elementary school staff,

as the rationale for these standards sets the foundation for the rest of the proposed wage standards. This set of proposed standards requires programs to make progress towards achieving pay parity for Head Start education staff with kindergarten through third grade teachers by providing these staff with wages that are at least comparable to those paid to public school preschool teachers. These proposed standards require programs to take into account staff responsibilities, qualifications, and experience when determining these wages. In the context of these standards, Head Start education staff refers to those staff who work directly with children as part of their daily job responsibilities, including lead teachers, assistant teachers, home visitors and family child care providers. There is a body of research evidence to indicate that increasing compensation can help with retention of ECE teachers. Studies of the broader ECE field indicate strategies to improve compensation for ECE professionals can improve employment stability for teachers and reduce turnover (and vice versa, with lower wages linked to higher turnover).

For

instance, a recent randomized controlled trial study in Virginia found that financial incentives (

i.e.,

bonuses) for early educators of up to $1,500 reduced teacher turnover by 11 percentage points, with even stronger impacts for educators with the lowest levels of compensation.

Other research demonstrates that programs that have better compensated staff also have lower turnover and provide higher quality services to children.

Bassok, D., Doromal, J., Michie, M., & Wong, V. (2021).

The Effects of Financial Incentives on Teacher Turnover in Early Childhood Settings: Experimental Evidence from Virginia.

EdPolicyWorks at the University of Virginia.; Caven, M., Khanani, N., Zhang, X., & Parker, C.E. (2021).

Center-and program-level factors associated with turnover in the early childhood education workforce (REL 2021-069).

U.S. Department of Education, Institute of Education Sciences, National Center for Education Evaluation and Regional

Assistance, Regional Educational Laboratory Northeast & Islands.

Bassok et al. (2021).

Whitebook, M., Howes, C., & Phillips, D. (2014).

Worthy Work, STILL Unlivable Wages: The Early Childhood Workforce 25 Years after the National Child Care Staffing Study.

Center for the Study of Child Care Employment.

https://cscce.berkeley.edu/wp-content/uploads/publications/ReportFINAL.pdf.;

Whitebook, M., Sakai, L., Gerber, E., & Howes, C. (2001).

Then & Now: Changes in Child Care Staffing, 1994-2000.

Washington, DC: Center for the Child Care Workforce and Institute of Industrial Relations, University of California, Berkeley.

https://cscce.berkeley.edu/wp-content/uploads/publications/Then-and-Now.pdf.

Several states, cities, and localities are implementing targeted efforts to strengthen wages for early educators. For instance, San Francisco is newly investing up to $60 million annually to significantly raise wages for educators in eligible ECE programs in the city. The investment will raise annual salaries by anywhere from $8,000 to $30,000 and by 2025, the city aims to ensure all early educators in eligible programs are earning at least $28 per hour.

Further, through the formation of the Early Childhood Educator Equitable Compensation Task Force, the District of Columbia recently developed a pay scale for all early educators in DC that will promote pay parity for early educators with elementary teachers, with gradations within the pay scaled based on job role, credentials, and experience.

Additionally, New Mexico created two programs to support the early childhood workforce. In 2021, New Mexico created a $1,500 incentive payment plan in recognition of pandemic recovery efforts.

Later, in 2022, New Mexico began a new initiative where child care providers are able to apply for funding to increase their staff wages $3 per hour for all staff, and raise the wage floor to $15 per hour for new teachers and $20 per hour for lead teachers.

Retrieved from:

https://sfdec.org/mayor-breed-announces-landmark-pay-raise-initiative-for-early-educators-in-city-funded-programs/.

Early Educator Equitable Compensation Task Force. (March 2022).

Final Report of the Early Educator Equitable Compensation Task Force.

Washington, DC. Retrieved from:

https://lims.dccouncil.gov/downloads/LIMS/49122/Introduction/RC24-0154-Introduction.pdf.

New Mexico Early Childhood Education and Care Department. (2021). Child Care Workers in New Mexico Eligible for $1,500 Incentive Payments.

https://www.nmececd.org/2021/11/01/child-care-workers-in-new-mexico-eligible-for-1500-incentive-payments/.

New Mexico Early Childhood Education and Care Department. (2022) Gov. Lujan Grisham announces historic pay increase for early childhood workforce.

https://www.nmececd.org/2022/10/11/gov-lujan-grisham-announces-historic-pay-increase-for-early-childhood-workforce/.

There are four provisions to the proposed § 1302.90(e)(2). We begin with a proposed standard, § 1302.90(e)(2)(i) that requires programs to make progress towards pay parity for Head Start and Early Head Start teachers with kindergarten through 3rd grade teachers by providing wages that are at least comparable with preschool teachers in the local public schools. The proposed standard requires a program to make measurable progress towards pay parity for Head Start teachers with kindergarten through third grade teachers. To demonstrate progress to pay parity, by August 1, 2031, a program must ensure each Head Start teacher receives an annual salary that is at least comparable to the annual salary paid to preschool teachers in public school settings in the program's local or neighboring school district, adjusted for responsibilities, qualifications, and experience. A program may provide annual salaries comparable to a neighboring school district if the salaries are higher than a program's local school district. We recognize there are many nuances to this proposed standard, and we further explain our intent in the following paragraphs.

First, the standard states that a program must make measurable progress towards pay parity for Head Start teachers with kindergarten through 3rd grade teachers. Teachers in these elementary grades perform similar duties and have similar responsibilities in supporting young children's learning and development—in other words, they provide similar services—as teachers in Head Start programs. It is widely understood in the fields of child development and education that the `early childhood' developmental stage encompasses birth through age 8.

Indeed, a recent well-regarded report from the Institute of Medicine and National Research Council provides a framework and foundation for supporting the workforce that educates and works with children from birth through age 8.

The report emphasizes that this developmental time period should be supported holistically by supporting the diverse workforce that works with this age group across sectors. Typically, children are 8 years old when they enter 3rd grade, which aligns with our reference point in the proposed standard for programs to make progress towards pay parity for Head Start teachers with public school teachers through 3rd grade.

American Academy of Pediatrics. (2023). Early childhood.

https://www.aap.org/en/patient-care/early-childhood/;

Hyson, M., & Tomlinson, H.B. (2014). The early years matter: Education, care, and the well-being of children, birth to 8. Washington, DC: National Association for the Education of Young Children and Teachers College Press.

Institute of Medicine (IOM) and National Research Council (NRC). 2015.

Transforming the workforce for children birth through age 8: A unifying foundation.

Washington, DC: The National Academies Press.

Despite the similar roles and responsibilities of Head Start teachers and elementary teachers both working with children in early childhood, these educators have stark differences in average pay. For instance, in 2022 average pay was approximately: $39,096 for Head Start Preschool teachers and $32,373 for Early Head Start teachers,

as compared to $53,200 for preschool teachers in school-based settings and $65,120 for public school kindergarten teachers.

Source: Head Start 2022 PIR.

U.S. Bureau of Labor Statistics. Occupational Employment and Wages. May 2022. 25-2012 Kindergarten Teachers, Except Special Education.

https://www.bls.gov/oes/current/oes252012.htm;

U.S. Bureau of Labor Statistics. Occupational Employment and Wages. May 2022. 25-2011 Preschool Teachers, Except Special Education.

https://www.bls.gov/oes/current/oes252011.htm.

This represents alarming pay gaps for Head Start Preschool teachers and Early Head Start teachers compared to both kindergarten teachers and school-based preschool teachers. Furthermore, as discussed previously, many Head Start teachers are highly skilled and credentialed; 71 percent of Head Start Preschool teachers and 23 percent of Early Head Start teachers have at least a bachelor's degree. Further, 94 percent of Head Start Preschool teachers and 45 percent of Early Head Start teachers have at least an associate degree.

Head Start programs often report that they compete with public schools to retain teachers, particularly those with bachelor's degrees, as they are well qualified to work in elementary school settings. In fact, Head Start programs in multiple school districts across the country have anecdotally reported to ACF that public schools are intentionally recruiting their most qualified Head Start teachers. Therefore, the first part of this standard sets the goal of making progress toward pay parity for Head Start educators with elementary school educators by

narrowing the pay gap between these groups. The proposed standard also requires “measurable progress” towards pay parity, which is discussed further below in the context of proposed § 1302.90(e)(2)(iv). Finally, this language also aligns with section 653(a) of the Act, which requires that program staff are not paid in excess of the average rate of compensation in the area where the program is carried out to a substantial number of persons providing comparable services.

Source: Head Start 2022 PIR.

Next, assuming publication of a final rule in 2024, this standard provides approximately a 7-year implementation window for programs to meet this requirement by August 2031, aligning with the approximate start of a new program year. We believe this 7-year window is necessary to allow programs sufficient time to thoughtfully plan and prepare for implementation of this standard, without impacting currently enrolled students. We recognize it will require significant effort on the part of programs to establish and revise their pay structures to align with these proposed requirements (and a requirement to establish or update an overall pay structure is discussed further in the next section). The 7-year implementation timeline also creates an opportunity for future potential Congressional investment in Head Start.

However, we recognize that there are a range of possible options regarding the effective dates for the proposed standards to improve staff wages. We request public comment on our proposed effective date for this standard for progress to pay parity for Head Start teachers.

Next, the proposed standard (§ 1302.90(e)(2)(i)) clarifies that programs must demonstrate they are making progress to pay parity by ensuring that the salary paid to Head Start Preschool and Early Head Start teachers is at least comparable to the salary paid to preschool teachers in public school settings. The goal of this phrasing is to clarify that, in order to demonstrate sufficient progress on pay parity for Head Start teachers with kindergarten through third grade teachers, programs must ensure Head Start teachers receive wages that are, on average, comparable with those paid to preschool teachers in elementary and secondary schools, who are educating young children. This standard serves as a progress marker towards ultimately achieving full pay parity for Head Start teachers with kindergarten through third grade teachers. As noted previously, preschool teachers in school-based settings earn an average annual salary of $53,200,

which is $14,000 more than the average salary of $39,096 for Head Start Preschool teachers and nearly $21,000 more than the average salary of $32,373 for Early Head Start teachers.

U.S. Bureau of Labor Statistics. Occupational Employment and Wages. May 2022. 25-2011 Preschool Teachers, Except Special Education.

https://www.bls.gov/oes/current/oes252011.htm.

Source: Head Start 2022 PIR.

The target comparison of preschool teachers in public school settings is intended to represent substantial progress towards parity with K-third grade public school elementary teachers. Specifically, we intend the benchmark of preschool teacher annual salaries in public school settings to represent about 90% of the amount of kindergarten teacher annual salaries, for those with comparable qualifications.

Achieving wages for Head start teachers that are at least comparable to salaries for preschool teachers in school-based settings will provide a significant boost in wages for this well-qualified but underpaid workforce.

This analysis uses BLS average annual salaries as wage targets. However, since the BLS national average for kindergarten teacher salaries ($65,120) includes all kindergarten teachers, of which approximately half have a master's degree or higher, adjust this annual salary to reflect the target salary for a teacher with a bachelor's degree ($58,608) guided by salary differences observed in National Center for Education Statistics data (

https://nces.ed.gov/surveys/ntps/

). The BLS reported annual salary for preschool teacher in school settings ($53,200) is therefore approximately 90% of the annual salary for kindergarten teachers with a bachelor's degree ($58,608).

Next, the proposed standard, § 1302.90(e)(2)(i), states that wages for Head Start teachers should be comparable to preschool teachers in school-based settings in the program's local school district. However, research indicates that teachers in public schools that serve a high proportion of children living in poverty are paid significantly lower on average compared to teachers in low-poverty schools.

To avoid unintentionally suppressing wage growth of Head Start teachers by requiring a comparison to public school teachers in only one school district, who may be underpaid, we include an additional sentence in § 1302.90(e)(2)(i) that allows a program to provide annual salaries comparable to a neighboring school district if the salaries are higher than a program's local school district. This sentence intentionally allows a Head Start program the flexibility to consider salaries of preschool teachers in public schools across multiple school districts in their geographic area when determining what benchmark to use for teacher salaries, if those school districts offer higher salaries. We recognize some programs may be located in geographic areas where there is not a sufficient number of preschool teachers in public schools in their local or neighboring school district to benchmark to, in terms of comparable wages. Below, we discuss proposed § 1302.90(e)(2)(iii) that describes what programs should do in these instances, to develop an appropriate wage comparison. We request comment on any barriers that Head Start programs may face in identifying a comparable population of school-based preschool teachers for the purposes of benchmarking wages and whether the options described below for an alternative method to benchmark to preschool wages are sufficient to overcome any potential challenges. We also request comment on whether the benchmark of annual salaries paid to public school preschool teachers is an accurate reflection of approximately 90% of annual salaries paid to kindergarten teachers with comparable qualifications.

Garcia, E., & Weiss, E. (2019).

Low relative pay and high incidence of moonlighting play a role in the teacher shortage, particularly in high-poverty schools. The third report in `The Perfect Storm in the Teacher Labor Market' series.

Washington, DC: Economic Policy Institute.

Finally, the proposed standard, § 1302.90(e)(2)(i), requires a program to consider responsibilities, qualifications, and experience of the teachers when determining salaries. This aligns with recommendations from ECE research experts, which suggest that wages for the ECE workforce should be reflective of job role, experience, and education.

This portion of the proposed standard acknowledges that responsibilities and expectations of a job position should be a key factor in determining wages. In general, an individual in a given position with a more advanced degree or credential should be compensated more than an individual in the same position with a lower degree or credential, all other factors being equal. However, degrees or credentials are not the only important factor to consider when determining salaries. Experience is also key, particularly in the field of ECE where many teachers have years of experience, but may have never attained a bachelor's degree, for instance.

Further, research indicates that degrees are not the only thing that matters for

determining teaching quality in ECE; experience and other supports such as professional development, coaching, and training, are also critically important for high quality teaching.

Therefore, the proposed standard elevates the importance of considering an individual's experience when establishing wages, in addition to qualifications.

https://cscce.berkeley.edu/workforce-index-2020/state-policies-to-improve-early-childhood-educator-jobs/early-childhood-educator-workforce-policies/compensation-financial-relief/.

Kini, T. & Podolsky, A. (2016).

Does Teaching Experience Increase Teacher Effectiveness? A Review of the Research.

Palo Alto: Learning Policy Institute. Retrieved from:

https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research.

Kini, T. & Podolsky, A. (2016).

Does Teaching Experience Increase Teacher Effectiveness? A Review of the Research.

Palo Alto: Learning Policy Institute. Retrieved from:

https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research;

Yoshikawa, H., Weiland, C., Brooks-Gunn, J., Burchinal, M., Espinosa, L., Gormley, W.T., Ludwig, J., Magnuson, K., Phillips, D., & Zaslow, M. (October, 2013).

Investing in our future: The evidence base on preschool.

Society for Research in Child Development.

We recognize that qualifications and experience intersect in complex ways when determining wages. For instance, we would expect that a teacher with a bachelors who is new to the ECE field would likely earn a higher wage than a teacher with an associate degree who is also new to the field. However, we would expect that a teacher with an associate degree and many years of experience in ECE may likely earn a higher wage than a teacher with a bachelor's degree who is brand new to the field. This is consistent with section 653 of the Act which encourages programs to consider experience when determining salaries. The phrasing of the proposed requirement provides flexibility to programs to determine how they consider responsibilities, qualifications and experience when determining salaries. Our goal here is to provide programs with flexibility to determine wages that make the most sense for their program structure, while also balancing experience and qualifications.

Next, we turn to the second provision of § 1302.90(e)(2). Here we propose a new standard in § 1302.90(e)(2)(ii) that provides a deadline of August 1, 2031, for programs to make measurable progress towards pay parity for all other education staff who work directly with children as part of their daily job responsibilities. To demonstrate this, a program must provide these staff an annual salary that is at least comparable to salaries for Head Start teachers as described above, but adjusted for role, responsibilities, qualifications, and experience. This proposed standard is intended to apply to education staff other than lead teachers whose primary job is to work in classrooms or homes with children, including assistant teachers, home visitors, and family child care providers. Once implemented, this standard would significantly raise wages for these positions. We request public comment on whether there are other education staff positions besides these who work regularly with children to whom this standard should apply.

To align with the prior standard on progress to pay parity that applies to Head Start teachers, this standard will also go into effect in August of 2031, approximately 7 years after publication of the final rule. We request public comment on our proposed effective date for this standard for progressing towards pay parity for Head Start education staff.

The average salaries for these education staff are far below what they could earn with other employers and do not reflect the qualifications they hold or the important work they do. In 2022, average salaries for these education staff were as follows: $25,570 for assistant teachers; $38,510 for home visitors; and $40,902 for family child care providers.

Meanwhile, 52 percent of home visitors have a bachelor's degree,

and 88 percent of assistant teachers have at least a Child Development Associate (CDA) or comparable credential.

These education staff provide critical services in classroom- and home-based settings in Head Start programs.

Source: Head Start 2022 PIR.

Source: Head Start 2019 PIR; this was the last year of PIR that collected data on the number of home visitors with a bachelor's degree.

Source: Head Start 2022 PIR.

Similar to lead teachers, without qualified staff in these positions, the quality and availability of classroom- and home-based services are impacted, which in turn negatively impacts outcomes for children. Home-based services in particular—through home visiting or family child care—are provided to a large share of infants and toddlers in Early Head Start. In addition, assistant teachers play critical roles in Head Start Preschool classrooms to support children's learning and development alongside lead teachers. As previously noted, all classroom staff, regardless of position, build strong relationships with children that are crucial to healthy child development and can be damaging when disrupted. Retaining assistant teachers is as beneficial to the program—and to the children enrolled—as retaining lead teachers. Further, promoting stronger wages for assistant teachers can help support career pathways so that they eventually may become lead teachers or take on other positions in programs. Therefore, in the context of these proposed standards, we expect that education staff with less experience or qualifications will still receive significant compensation increases, and that these increases will be reflective of the important jobs they perform.

The phrasing of proposed standard § 1302.90(e)(2)(ii) requires that a program provide an annual salary to these other education staff positions that is comparable to salaries described in the prior provision in proposed paragraph (e)(2)(i), but is adjusted for role, responsibilities, qualifications, and experience. As summarized previously, the intention of this phrasing is to acknowledge that education staff in different positions, with different qualifications, and/or with different experience may receive different levels of compensation, relative to lead teachers. However, it is our intention that salaries for these other education positions with varying qualifications and experience are

not

simply compared to and set at the same level as salaries for other potentially lower paid staff in school-based settings, such as teacher aides or paraprofessionals. Rather, salaries for Head Start teachers established under proposed § 1302.90(e)(2)(i) should serve as an

anchor

for salaries for other education staff captured by the standard proposed in (e)(2)(ii). This is best described with a few concrete examples.

For instance, a home visitor and a lead teacher could reasonably be considered to hold similar important responsibilities within the context of the Head Start program; both play a primary role in supporting the development of enrolled children. Therefore, if a home visitor holds a bachelor's degree and similar experience as a lead teacher with a bachelor's degree, the program should consider compensating this home visitor at a similar level as a lead teacher. However, if a home visitor holds an associate degree and a few years of experience, the program could reasonably compensate the home visitor at an amount below an experienced teacher with a bachelor's degree, with an expectation of salary growth as the home visitor gains experience. As another example, an assistant teacher and a lead teacher could be reasonably considered to hold different levels of responsibilities within the Head Start classroom. Therefore, a program could reasonably choose to compensate an assistant teacher with an associate degree below that for a lead teacher with an associate degree.

Taken together, we do expect that wages will vary for education staff across the complex intersections of role, responsibilities, qualifications, and experience. However, it is also our

intention that programs ensure wage scales are not drastically different between education staff positions based solely on degrees or credentials held, particularly for positions that have the same or similar responsibilities in the program. Programs must also consider experience when determining pay for education staff.

Next, we propose a new standard § 1302.90(e)(2)(iii) that provides an allowance for programs to use an alternative method for determining the comparable preschool salaries in specific circumstances. More specifically, if there is not a sufficient number of comparable public school preschool teachers in the program's local or neighboring school district, this proposed standard allows a program to use an alternative method to implement the requirements in clause (i) and (ii) of § 1302.90(e)(2) to determine appropriate comparison salaries. The alternative method must be approved by ACF. This standard acknowledges that some programs are located in areas which do not have, or have a small number of, preschool teachers in school-based settings in local or neighboring school districts. In these cases, we recognize that it may not be possible to obtain a reliable estimate of comparison salaries. Programs are still required to make measurable progress toward pay parity in such circumstances, but this standard allows for an alternative approach to anchor comparison salaries. The proposed standard would require programs to use an alternative method for determining comparison salaries, and this method must be approved by ACF. For instance, this could include using salaries from preschool teachers in school-based settings in a geographically and/or socioeconomically similar area. Or programs may consider increasing salaries to a specified percentage of kindergarten to third grade teacher salaries in the local school district. ACF may provide guidance on pre-approved alternative methods to facilitate implementation of this standard where applicable. We request comment on what type of guidance or technical assistance Head Start programs need to develop an alternative method in areas without school-based preschool teachers in local school districts.

Finally, as referenced previously, ACF expects that programs will make measurable progress towards pay parity for Head Start education staff with kindergarten to third grade teachers. The fourth and final provision of § 1302.90(e)(2) proposes a new standard that requires programs to examine their progress to pay parity by regularly tracking data on how wages paid to their education staff compare to wages paid to preschool through third grade teachers in their local or neighboring school district. The intention of this standard is for programs to regularly track and examine pay gaps between Head Start education staff and teachers in comparable settings. The comparison to preschool teachers serves as a way to track in alignment with the proposed standards on progress to pay parity as described above. Programs should capitalize on existing data sources to implement this requirement to track wage data. Many, if not all, programs have internal data which they can leverage to track wages paid to their education staff. Additionally, to track wages for preschool through third grade teachers in the local or neighboring school district, programs can leverage publicly available information from these settings. Programs may already have methods for obtaining this information as part of their wage comparability surveys, or through existing partnerships with local education agencies and local school-based preschool programs. Regular tracking would ideally occur on an annual basis at minimum so that programs are aware of their progress, or lack thereof, in closing pay gaps and can make necessary adjustments.

Pay Scale for All Staff

Here we discuss the proposed changes to the new § 1302.90(e)(1),

Pay scale.

There has been growing interest in the field to implement wage ladders or pay scales that promote more competitive wages for the ECE workforce. As summarized previously, the District of Columbia (DC) recently developed a pay scale for all early educators in DC that will promote pay parity for early educators with elementary teachers, with gradations within the pay scaled based on job role, credentials, and experience.

Alabama and a handful of other states have pushed forward to require pay parity for staff across all preschool programs in the State with K-3 elementary staff, including the same starting salary and salary schedule.

A few cities, such as New York City and San Antonio, have also pushed forward with policies for pay parity for preschool staff with elementary staff.

We propose three provisions to § 1302.90(e)(1) to describe requirements for pay scales in Head Start programs.

Early Educator Equitable Compensation Task Force. (March 2022).

Final Report of the Early Educator Equitable Compensation Task Force.

Washington, DC. Retrieved from:

https://lims.dccouncil.gov/downloads/LIMS/49122/Introduction/RC24-0154-Introduction.pdf.

https://cscce.berkeley.edu/workforce-index-2020/state-policies-to-improve-early-childhood-educator-jobs/early-childhood-educator-workforce-policies/compensation-financial-relief/.

CityHealth & NIEER (n.d.); McLean, C., Dichter, H., & Whitebook, M. (2017).

Strategies in Pursuit of Pre-K Teacher Compensation Parity: Lessons From Seven States and Cities.

Berkeley, CA: Center for the Study of Child Care Employment, University of California, Berkeley and New Brunswick, NJ: the National Institute for Early Education Research. Retrieved from

https://cscce.berkeley.edu/wp-content/uploads/publications/Strategies-in-Pursuit-of-Pre-K.pdf.

In the first provision, § 1302.90(e)(1)(i), we propose a new requirement that, by August 1, 2031, programs must implement a pay scale, salary scale, wage ladder, or other pay structure that applies to all staff in the program. This pay structure must incorporate the requirements in paragraphs (2), (3), and (4) of § 1302.90(e) and promote salaries that are comparable to similar services in relevant industries in their geographic area. The pay structure must consider, at a minimum, responsibilities, qualifications, and experience relevant to the position, and schedule or hours worked. The intention of this standard is to ensure a program's pay structure promotes competitive wages for all staff in the program, in addition to education staff. The proposed § 1302.90(e)(1)(i) contains many components; we explain each here in further detail.

First, we intentionally structured this standard with the same implementation timeline—August 1, 2031—as the proposed standards for progress to pay parity for education staff, § 1302.90(e)(2), that were described previously. We recognize it is critical for program planning and implementation purposes for these standards to go into effect within the same timeframe. We request public comment on our proposed effective date for this standard.

Next, we specify that a program must develop or update a pay structure for program staff salaries. Since ACF believes the majority of programs already have a pay structure of some kind in place for employees, such as a pay scale, salary schedule, or wage ladder. In cases where a program does not have a pay structure in place, a program must establish one under this proposed requirement.

For the majority of programs that already have an established pay structure, they must update it to reflect the requirements of the proposed § 1302.90(e)(1)(i). Next, we specify that the program's pay structure must incorporate the requirements in newly proposed § 1302.90(e)(2), (e)(3), and (e)(4), as well as wages for all other staff

in the program. As summarized previously, proposed § 1302.90(e)(2) outlines wage requirements for Head Start teachers and other education staff. Newly proposed paragraphs (e)(3) and (e)(4) are discussed in further detail in subsequent sections and encompass requirements for a pay floor and for wage comparability across Head Start Preschool and Early Head Start staff positions.

The proposed § 1302.90(e)(1)(i) specifies that the program's pay structure must promote salaries that are comparable to similar services in relevant industries. This phrasing is the main thrust of this proposed requirement. Overall, we intend for this standard to improve wages for a variety of staff positions in the program, in addition to improved wages for education staff specified in § 1302.90(e)(2). As discussed previously, education staff are not the only positions for which programs are struggling to recruit and retain staff. Programs report difficulty filling other positions including family services staff, bus drivers, janitors, cooks, mid-level managers, and center directors. While not all these staff necessarily leave Head Start due to low wages, many do. It is critical to retain high-quality staff across these positions in order to maintain a high functioning program.

Therefore, ACF expects programs will thoroughly consider wages of comparable industries to assess whether and how wages for various positions in their program should be improved. For instance, a family services staff member who holds a bachelor's degree in social work or another related field could be considered to provide comparable services to a family outreach or engagement specialist in a public school setting. If a health services staff member holds a nursing degree, this staff member could be comparable to a nurse with a similar degree providing similar services in other healthcare settings. In addition, as programs consider how to restructure their pay scales to provide significantly higher raises for education staff as described in § 1302.90(e)(2), we expect that wages for most other staff positions will need to be lifted as well, to avoid the unintended consequence of wage compression.

Finally, in establishing or updating their pay scale, proposed § 1302.90(e)(1)(i) requires that a program consider responsibilities, qualifications, and experience relevant to the position, as well as schedule or hours worked. We believe these factors are important to consider when establishing or updating a pay scale, for the same reasons as described previously for proposed § 1302.90(e)(2). Here we specify that the responsibilities, qualifications, and experience considered when establishing wages should be relevant to the position. This specification is meant to clarify that a program does not necessarily have to consider qualifications that are irrelevant to a given position, when determining wages. For instance, if a janitor holds a master's degree and the program determines this position does not require a degree, the program does not have to compensate that individual at a similar rate as other staff members in the program who hold master's degrees that are relevant to their job role and responsibilities.

Next, we turn to the second provision of § 1302.90(e)(1). Here we propose a new paragraph § 1302.90(e)(1)(ii) that requires, after August 1, 2031, programs to review their pay structure at least once every 5 years to ensure it continues to provide competitive wages for staff reflective of the requirements described previously, without causing undue burden by requiring it more frequently. By requiring this at least once every 5 years, it is our intention that grant recipients can align this review of their pay structure with other planning and strategic activities as part of their 5-year grant cycle, if desired. We request public comment on our proposed effective date for this standard.

In the third and final provision of § 1302.90(e)(1), we propose a new paragraph that requires programs to ensure that staff salaries do not exceed the rate payable for level II of the Executive Schedule, which aligns with 42 U.S.C. 9848(b)(1). This provision reminds programs of the limitations on excessive compensation for the highest paid positions and ensures that salaries at the highest end of the pay scale are compliant with the limits described in the Act.

Finally, we recognize programs may need training and technical assistance (TTA) support to revise their salary scale or pay structure. Materials are available that describe key components and considerations of a salary scale for ECE staff.

Upon publication of a final rule, ACF will also be prepared to offer TTA supports to grant recipients. We invite public comment on what types of TTA supports programs will need to successfully implement the standards described here.

See for instance this resource on salary/wage scales for the ECE workforce:

https://www.teachecnationalcenter.org/wp-content/uploads/2021/11/CCSA_2021_Salary-Scale-White-Paper-FINAL.pdf.

Minimum Pay Requirement

Here we discuss the proposed changes to the new § 1302.90(e)(3),

Salary floor.

We propose a new standard in § 1302.90(e)(3) that requires programs to establish a salary floor or minimum pay that is sufficient to cover basic costs of living in the geographic area. This standard is intended to ensure that

all

staff in the program earn a wage sufficient to cover their basic living needs. More specifically, the proposed standard requires that, by August 1, 2031, a program must ensure the pay scale established or updated under § 1302.90(e)(1)(i) provides all staff with a wage or salary that is generally sufficient to cover basic needs such as food, housing, utilities, medical costs, transportation, and taxes, or would be sufficient if the worker's hourly rate were paid according to a full-time, full-year schedule. It is our intention that this standard targets those staff who currently receive the lowest wages in the program; this requirement will raise the pay for these staff. This could include aides, floaters, office staff, janitors, cooks, bus monitors, or other positions. This proposed standard contains multiple components each explained here in further detail.

First, the proposed § 1302.90(e)(3) specifies the same implementation timeline of August 1, 2031, as the other proposed wage requirements described in this section. We believe this will make it easier for programs to consider changes in wages holistically across these new requirements and provides programs ample time to plan for implementation. We request public comment on our proposed effective date for this standard.

Next, the proposed standard specifies that the wage or salary structure established or updated under § 1302.90(e)(1)(i) must provide all staff with a wage or salary that is generally sufficient to cover basic needs. With this language, we intend for programs to carefully consider costs of living in their local geographic area to cover basic needs, and what an individual should truly be earning to cover all of those costs. The language of the proposed standard further provides examples of basic needs which a full-time staff member's hourly wages or annual salary should be able to cover, no matter the job they work for the program, including food, housing, utilities, medical costs, transportation, and taxes. In most geographic areas of the country, ACF expects that, at a minimum, a sufficient wage under this provision would be equivalent to $15 per hour. We recognize that in some communities or

geographic areas, this floor may not be sufficient and may need to be adjusted to reflect higher costs of living. Further, programs would still be required to pay higher salaries when required by other sections of this NPRM.

Finally, the proposed § 1302.90(e)(3) specifies that the minimum pay or pay floor would be sufficient if the workers' hourly rate were paid according to a full-time, full-year schedule (or over 2,080 hours per year). This phrasing of the proposed requirement is to recognize that not all staff are full-time employees of the program, and it allows the implementation of this standard for staff employed part time. The proposed standard is intended to convey that programs are

not

expected to pay wages to a part-time employee that, in total, would cover all costs of living. Rather, this phrasing conveys that the wage paid to a part-time employee would be sufficient to cover the costs of living

that employee worked full time for the program. To illustrate, consider an example of a program that has determined $35,000 per year is the appropriate salary floor for their area. It is

not

the expectation that all employees of that program earn at least $35,000 per year, regardless of how many hours they work. Instead, the program should calculate the hourly rate associated with their salary floor, $35,000 in this example, according to a full-time, full year schedule. A standard full-time employee works 2,080 hours per year (

i.e.,

40 hours per week for 52 weeks per year), which in this example corresponds to a minimum hourly rate of $16.83. As such, in our example, all employees of the program must earn at least $16.83 per hour.

We recognize that programs may need support or guidance to determine what wages are necessary, at the minimum, to cover basic costs of living for staff. Upon publication of a final rule, ACF will provide grant recipients with TTA supports in this area. We also acknowledge that there are several possible ways and existing resources available to calculate and determine what wage is required to cover basic costs of living. We offer a few examples here. It is of note that these are examples only and should not be considered an endorsement by ACF of these specific calculators or tools. First, there are multiple nationally recognized tools or calculators to assist employers in making this kind of determination. One such tool is the Living Wage Calculator developed by experts at the Massachusetts Institute of Technology (MIT).

Another is the Self-Sufficiency Standard developed by experts at the Center for Women's Welfare of the University of Washington.

These types of publicly available calculators take into account a variety of costs for basic needs and how these costs vary by geographic area, to help determine an appropriate hourly wage sufficient to cover these costs. Some calculators provide estimates for different family sizes and structures, but it is not the intent of the proposed standard to require programs to pay a wage sufficient to cover basic needs for staff that is adjusted by family size or family structure.

Glasmeier, A.K. Living Wage Calculator. 2020. Massachusetts Institute of Technology.

livingwage.mit.edu.

The Center for Women's Welfare. The Self-Sufficiency Standard. University of Washington.

https://selfsufficiencystandard.org/.

Alternatively, programs who wish to calculate their own minimum pay estimates could consider looking to other reliable data sources to determine expected costs for different types of expenditures for their geographic area, such as the following publicly available alternatives. Examples of publicly available data include, but are not limited to: Housing costs could be approximated using Fair Market Rent estimates published annually by the U.S. Department for Housing and Urban Development (HUD);

Food costs can be estimated using the USDA's food plan national average for adult food consumption;

Health care costs can be estimated using estimates from the Bureau of Labor Statistics' (BLS) Consumer Expenditures Survey for average consumer costs for health insurance, medical services, drugs, and medical supplies;

Transportation expenses can also be estimated using estimates from BLS Consumer Expenditures Survey for average consumer costs for cars and trucks, gas and oil, other vehicle expenses, and public transportation;

Expenses for taxes can be estimated by calculating percentages based on required Federal and State taxes. Finally, a program could consider if they want to incorporate estimates for other important costs such as personal care products, apparel, basic supplies, broadband, and telephone services.

https://www.huduser.gov/portal/datasets/fmr.html#2023.

https://www.fns.usda.gov/cnpp/usda-food-plans-cost-food-reports-monthly-reports.

https://www.bls.gov/cex/.

Wage Comparability Across Head Start Preschool and Early Head Start

Finally, now we turn to the last of the proposed changes on wages, new paragraph § 1302.90(e)(4),

Wage comparability for all ages served.

Here, we propose a new standard that promotes wage comparability across Head Start Preschool and Early Head Start staff positions by requiring that the pay structure established or updated under § 1302.90(e)(1)(i) does not differ by age of children served for similar program staff positions with similar qualifications and experience. Head Start Preschool and Early Head Start staff perform similar important roles and responsibilities to support the development of enrolled infants, toddlers, and preschoolers. In classroom settings, Early Head Start teachers must have at least a CDA credential or equivalent credential, with training or coursework in infant and toddler development (§ 1302.91(e)(1)). Head Start Preschool teachers must have at least an associate or bachelor's degree in child development or early childhood education or otherwise meet the requirements of section 648(a)(3)(B) of the Act (§ 1302.91(e)(2)(ii)). The Act also requires that at least 50 percent of Head Start Preschool teachers nationwide have a bachelor's degree. We would expect that these differences in qualifications would result in different salaries or wages. However, a good share of Early Head Start teachers also hold a bachelors or higher degree (23 percent in 2022). Nonetheless, our administrative data from Head Start programs indicates a stark difference in average salaries between Head Start Preschool and Early Head Start teachers, even among those teachers with similar qualifications.

In 2022, the average Early Head Start teacher with a bachelor's degree earned an annual salary of $37,805, compared to $40,041 for the average Head Start Preschool teacher with a bachelor's degree, a salary gap of just over $2,000 per year.

For teachers with advanced degrees, the disparity is even greater; in 2022, these Head Start Preschool teachers earned on average 20 percent more in annual salary ($51,162) compared to Early Head Start teachers ($42,761), a salary gap of over $8,000.

This is a substantial gap in average salary between professionals holding the same qualifications and performing similar roles in supporting the learning and development of Head Start children. These disparities are common

in the field and lead to increased turnover.

Anecdotally, ACF has received reports that programs find it more difficult to hire Early Head Start teachers than Head Start Preschool teachers. The proposed § 1302.90(e)(4) will help close the wage gap between Early Head Start and Head Start Preschool teachers with similar degrees and promote stronger retention of Early Head Start teachers, thereby improving quality of services for enrolled infants and toddlers.

Source: Head Start 2021 PIR.

Ibid.

Staff for Whom Wage Standards Apply

Taken together, the new standards for wage requirements proposed in this NPRM include requirements for (1) progress to pay parity for Head Start education staff with kindergarten through third grade elementary teachers by providing wages comparable to preschool teachers in school-based settings, adjusted for responsibilities, qualifications, and experience ; (2) a pay scale that applies to all staff and promotes competitive wages across positions; (3) a minimum pay floor sufficient to cover basic costs of living; and (4) wage comparability across Head Start and Early Head Start positions for staff with similar qualifications and experience. We recognize that it must be clear for programs to which staff these newly proposed standards apply. It is our intention that these newly proposed standards improve wages for staff in the program who are either employees or contractors and who provide regular services for children and families in the program that are integral to program quality or functioning.

First, we propose that these standards apply to staff who are employees of the Head Start program, whose salary is paid at least in part with Head Start funds, and whose regular job responsibilities include activities or services to support enrolled children and families. We invite public comment on this clarification of which staff the wages standards apply to, including any potential unintended consequences.

Next, we summarize our expectations for how the proposed wage standards should apply to contracted staff. Contracted staff typically includes individuals who are not Head Start employees, with whom the program has contracted to provide an ongoing service (

e.g.,

disabilities specialists and mental health professionals, bus drivers, etc.). We recognize that many individuals who provide critical services for Head Start programs do so through contracted services. We also recognize that for Early Head Start—Child Care Partnership grant recipients, many child care partners are funded through contracts or other mechanisms with the grant recipients. In the context of the new wage standards, we propose that, for contracted staff, language in the contract must provide for wages comparable to what the recipient organization would provide if they were the employer. Further, we propose to require that programs strongly encourage contractors to use the funding to increase salaries for their staff.

We invite public comment on this expectation for how the wage standards apply to contractors or other partnership agreements, including any potential unintended consequences.

Finally, we recognize that these proposed standards will have different ramifications for implementation within certain organizational structures or for certain types of agencies. For example, grant recipients with employee bargaining agreements and those in organizations with existing formal salary structures that extend beyond just Head Start staff, such as in community action agencies, may need to engage representatives of workers if they need to negotiate new collective bargaining agreements that increase wages for Head Start staff (or for specific groups of Head Start staff, such as teachers). We also recognize that many Tribal grant recipients may have pay structures already in place for Tribal employees that include staff beyond Head Start. We encourage all programs, not solely those with collective bargaining agreements, to engage Head Start staff as they work to meet these new proposed standards, both for wages and other proposed changes. ACF intends to provide TTA supports to understand options and strategies for implementing wage increases within the context of varied organizational structures and agency types.

ACF recognizes that the proposed wage requirements are complex, and as discussed previously, may be experienced differently by different communities. We seek public comment on how any of the proposed wage requirements in this section may impact various communities. We specifically request public comment from the special populations served by Head Start, including American Indian and Alaska Native (AIAN) and MSHS programs and communities. We also specifically request comment from Head Start staff and their representatives, and other early childhood program providers.

Workforce Supports: Staff Benefits (§ 1302.90)

Section 1302.90 outlines requirements for personnel policies, including the establishment of personnel policies and procedures, background check procedures, standards of conduct, and communication with dual language learners. In alignment with the newly proposed requirements in § 1302.90(e) to improve wages for staff, we also propose a new paragraph (f) in this section that outlines requirements for grant recipients to provide benefits to staff. The proposed new standards require grant recipients to provide or facilitate access to health insurance for all staff; paid sick leave, and paid family leave for full-time staff; provide short-term behavioral health services for full-time staff for free or at minimal cost to them; and facilitate access to Public Service Loan Forgiveness (PSLF) and child care subsidies for eligible staff. We are also considering a requirement for recipients to provide retirement benefits to all full-time staff and we specifically request public comment on whether to add such a requirement in a final rule. This request for comment on a possible requirement for retirement benefits is discussed in further detail below. In the context of these proposed requirements, we propose to define “full-time staff” as those working 30 hours per week or more while the program is in session. For programs operating longer than a typical school year (

e.g.,

year-round programs), we propose a requirement that such programs develop a policy for vacation or personal leave. Grant recipients are encouraged to consider and offer other benefits that may support staff recruitment and retention.

First, we propose to add § 1302.90(f)(1) as a lead in statement to define full-time staff as it applies to several proposed benefit requirements. Proposed (f)(1) defines full-time staff as those working 30 or more hours per week during the program year. Next, we propose to add (f)(1)(i) which requires a program to provide or facilitate access to high-quality, affordable health insurance. This proposed standard would require grant recipients to either: (1) provide and contribute to employer-sponsored health insurance coverage, or (2) educate, connect, and facilitate the enrollment of employees in health insurance options in the Healthcare.gov Marketplace (Marketplace), the appropriate State-specific health insurance marketplace, or Medicaid, for full-time staff. Employees are not obligated to accept employer-provided or employer-facilitated health insurance, such as those receiving

insurance coverage through a spouse or another manner. Through input from OHS regional office staff and members of the Head Start community, we are aware that, while many Head Start staff are already offered employer-sponsored health coverage, this coverage may still entail considerable out-of-pocket costs for staff. Thus, if grant recipients choose to offer employer-sponsored coverage, we encourage employers to provide an insurance plan that offers coverage similar to that offered by silver, gold, or platinum plans in the Marketplace.

Definitions of affordable coverage, minimum value,

and minimum essential health benefits

are determined by the Affordable Care Act (ACA), and large Head Start grant recipients are already subject to the employer shared responsibility provisions in the ACA.

Premium tax credits

subsidize the cost of health insurance coverage in the Marketplace and are available to individuals in households with incomes up to 400 percent of the Federal Poverty Guidelines. We anticipate most Head Start staff are currently eligible for these tax credits, and some may be eligible for Medicaid depending on their family size, household income, and the State in which they live. Because premium tax credit amounts vary with household income and household compositional changes, we also anticipate that as the wage requirements proposed in new paragraph (e) of this section are implemented, this would affect premium tax credit amounts or eligibility, as well as Medicaid eligibility, for some staff.

See the

healthcare.gov

website for a description of Marketplace plans and actuarial value:

https://www.healthcare.gov/choose-a-plan/plans-categories/.

See the Internal Revenue Service (IRS) website for more information on minimum value and affordability:

https://www.irs.gov/affordable-care-act/employers/minimum-value-and-affordability.

See healthcare.gov for a list of essential health benefits:

https://www.healthcare.gov/glossary/essential-health-benefits/.

See the IRS website for more information on the employer shared responsibility provisions:

https://www.irs.gov/affordable-care-act/employers/employer-shared-responsibility-provisions.

See the healthcare.gov website for a description of premium tax credits and eligibility:

https://www.healthcare.gov/lower-costs/save-on-monthly-premiums/.

For part-time staff who work fewer than the 30 hour per week as defined above, we propose to require programs to facilitate the enrollment of these staff in health insurance options in the Marketplace or through Medicaid for which they may be eligible. Specifically, we propose to add new paragraph (f)(2) which requires a program to facilitate access to high-quality, affordable health insurance for each part-time staff member. That is, grant recipients would not be required to offer nor precluded from offering employer-sponsored health insurance to part-time staff, but the proposed standard would require, at a minimum, that the grant recipient make part-time staff aware of potential benefits through premium tax credits for which they may be eligible and facilitate their connection to the Marketplace or Medicaid.

Increasing Head Start staff access to and the quality of health insurance benefits is key to attracting and retaining skilled staff and to being competitive with other jobs. In March 2022, 73 percent of the civilian workforce had access to employer-sponsored healthcare benefits (88 percent of full-time workers and 23 percent of part-time workers), with employers paying on average 80 percent of premiums for employee coverage and 67 percent for family coverage.

By comparison, in 2019, only 27 percent of ECE workers in center-based settings had private health insurance through their own employer, while nearly all K-12 educators had employer-sponsored coverage.

Nearly 16 percent of the ECE workforce lacked health insurance.

As previously described, we are also aware that, while many Head Start staff may be offered employer-sponsored health coverage, it may not cover many health expenses, may not cover family members and/or may entail considerable out of pocket costs for staff. In order for Head Start programs to compete with other sectors that could potentially employ staff qualified for Head Start—including public schools—it is critical that Head Start programs offer or connect staff to quality, affordable health insurance.

Bureau of Labor Statistics (BLS). (2022). Employee Benefits in the United States, March 2022.

https://www.bls.gov/news.release/pdf/ebs2.pdf.

Rudich, J., Sugar, S., Chien, N., Peters, C., & Sommers, B. (2021, November).

Assessing uninsured rates in early care and education workers.

Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services.

https://www.aspe.hhs.gov/sites/default/files/documents/557aff156a2eac8dd50b489172c7eac6/early-educators-uninsured-data-point.pdf?_ga=2.163634812.2117647616.1661871770-774747381.1611252684.

Rudich et al. (2021).

Based on our analysis of OHS administrative data from grant recipients, we have determined that most recipients employ more than 50 workers and are therefore subject to the ACA's shared responsibility for employers regarding health coverage, and many offer some level of health insurance or other employee benefits.

We anticipate some implementation issues for small grant recipients with fewer than 50 employees who do not currently offer or administer employer-sponsored benefits like health insurance. However, the proposed requirements as written allow recipients to facilitate full-time staff members' enrollment in health insurance options in the Marketplace, which helps the logistical difficulties of negotiating employee benefits plans with insurers, though we acknowledge that recipients may require technical assistance to connect with Navigators or other resources. The American Rescue Plan Act of 2021 and the Inflation Reduction Act of 2022

increased the subsidies for purchasing private health insurance in the Marketplace available to those meeting income and other requirements, and grant recipients may choose to administer or contribute to employees' flexible spending accounts (FSAs) to defray out-of-pocket health care costs. When employees are covered by a health savings account (HSA)-eligible high-deductible health plan, grant recipients may choose to administer or contribute to employees' HSAs to defray out-of-pocket health care costs.

See

https://www.federalregister.gov/documents/2014/02/12/2014-03082/shared-responsibility-for-employers-regarding-health-coverage.

See

https://www.cms.gov/blog/inflation-reduction-act-tax-credits-improve-coverage-affordability-middle-income-americans#_ftnref6/.

Next, we propose a new paragraph (f)(1)(ii) which requires that programs offer paid sick leave to full-time staff, based on an accrual system based on hours worked or by offering a number of days updated annually. At a minimum, the accrual must meet the standards set by State or local laws, if applicable. Paid leave due to illness or other reasons is a typical employer-sponsored benefit in the U.S. workforce. We do not propose a specific required number of days per year but seek comments on whether the standard should specify a minimum number of leave days or accrual rate.

Paid sick leave for workers allows for recovery from personal illness or the time to care for ill family members, but employer-provided paid sick leave is not universal and varies with worker wages. In March 2022, 79 percent of civilian workers had access to paid sick leave, 79 percent had paid holidays, and 77 percent had paid vacation leave, but just 40 percent of the lowest 10 percent of earners had access to paid sick leave compared to nearly all (96 percent) of

the top 10 percent of earners.

Eighty-eight percent of full-time civilian workers had access to paid sick leave compared to just about half (51 percent) of part-time workers.

Workers who lack paid sick leave are more likely to go to work while ill and to forgo medical care for themselves and their families,

problems exacerbated by the pandemic. Having access to sick leave is particularly important for a workforce that directly cares for, teaches, and interacts with young children in group settings in which the spread of communicable illness is common.

BLS. (2022). Table 6. Selected paid leave benefits: Access, March 2022.

https://www.bls.gov/news.release/pdf/ebs2.pdf.

Schneider D. Paid sick leave in Washington State: Evidence on employee outcomes, 2016-2018.

Am J Public Health.

2020;110(4):499-504. doi:10.2105/AJPH.2019.305481; DeRigne LA, Stoddard-Dare P, Quinn L. Workers without paid sick leave less likely to take time off for illness or injury compared to those with paid sick leave.

Health Aff.

2016;35(3):520-527. doi:10.1377/hlthaff.2015.0965. Schenider, D., Harknett, K., & Vivas-Portillo, E. Olive Garden's expasion of paid sick leave during COVID-19 reduced the share of employees workign while sick.

Health Aff.

2021;40(8):1328-1336.

https://www.healthaffairs.org/doi/10.1377/hlthaff.2020.02320

Bradley, R. H. (2003). Child care and common communicable illnesses in children aged 37 to 54 months.

Archives of Pediatric and Adolescent Medicine, 157

(2), 196-200.

https://pubmed.ncbi.nlm.nih.gov/12580692/.

Next, we propose a new paragraph (f)(1)(iii) which requires that programs offer job-protected periods of paid family leave to employees consistent with eligibility for and protections in the Family and Medical Leave Act (FMLA) of 1993 regardless of employer size. Or, if applicable, the proposed standard clarifies that programs should comply with requirements set by State or local laws for paid family leave. Periods of leave that are longer than the few days per year typically offered by paid sick leave may be needed during certain life events, including a serious illness for a staff member or their family members, or the birth of a child. A growing body of research shows that access to paid family leave improves maternal and child health and family economic well-being and increases father engagement and preventive care receipt.

We intend for this requirement to apply to all programs, even those who are not covered by FMLA due to employer size (

e.g.,

fewer than 50 employees). As such, we expect that the proposed paid family leave policy would apply for full-time employees in all Head Start programs, regardless of the number of employees in the program, who have had at least 12 months of tenure with their employer. The reason for the leave must be a qualifying reason under FMLA, regardless of whether the employer is covered by FMLA.

Rossin-Slater, M., & Uniat, L. (2019). Paid family leave policies and Population Health.

Health Affairs

Brief.

https://www.healthaffairs.org/do/10.1377/hpb20190301.484936/

Waldfogel, J., Doran, E., & Pac, J. (2019

). Paid family and medical leave improves the well-being of children and familie

s. SRCD Child Evidence Brief.

https://www.srcd.org/research/paid-family-and-medical-leave-improves-well-being-children-and-families.

An estimated 29 percent of Head Start staff work in one of the 11 states and the District of Columbia that have enacted paid family leave laws as of October 2022, though the requirements in these laws vary.

In March 2022, more than one-quarter (29%) of primary and secondary, and special education teachers had access to paid family leave benefits through their employers,

with others having access to State-sponsored public paid family leave programs.

Employer-provided paid family leave benefits are inequitably distributed in the workforce, with 34 percent of civilian workers in management, professional and related occupations having access, compared to 15 percent of those in service occupations.

See:

https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf.

BLS. (2022). National Compensation Survey: Employee Benefits in the United States, March 2022. Table 7: Leave benefits by occupational category, Civilian workers, March 2022.

https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm.

As of October 2022, paid family leave laws were in place in 11 states and the District of Columbia. See:

https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf.

BLS. (2022). National Compensation Survey: Employee Benefits in the United States, March 2022. Table 7: Leave benefits by occupational category, Civilian workers, March 2022.

https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm.

FMLA entitles eligible workers to periods of unpaid, job-protected leave for up to 12 weeks per 12-month period for the birth, adoption, or foster care placement of a new child within one year of birth, adoption, or placement; to care for a spouse, child, or parent with a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of his or her job; or a qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on covered active duty. Up to 26 weeks of leave is available for an employee to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin.

100

To be eligible for FMLA, workers must work for a covered employer at a location with 50 or more employees within 75 miles; have worked 1,250 hours or more during the 12 months prior to the start of leave; and have worked for the employer for 12 months or more before the start of leave.

101

However, under this proposed new requirement, all Head Start programs, regardless of employer size, would be required to provide full-time staff that meet the employee eligibility requirements (

i.e.,

have worked 1,250 hours or more during the 12 months prior to the start of leave; and have worked for the employer for 12 months or more before the start of leave) with partial or full wage replacement during qualifying periods of leave. We request comments on whether the reasons for leave or eligibility requirements, such as how long a staff member has been with an employer or employer size, should be modified for this proposed standard, or if aligning with FMLA is the best approach.

100

https://www.dol.gov/agencies/whd/fmla.

101

U.S. Department of Labor. FMLA Frequently Asked Questions.

https://www.dol.gov/agencies/whd/fmla/faq#3.

Next, for programs whose program year lasts longer than a typical school year, we propose in new paragraph (f)(1)(iv) to require such programs offer full-time staff the accrual of paid vacation or personal leave commensurate with experience or time working at the program. In 2022, 77 percent of civilian workers had paid vacation leave and 48 percent had paid leave designated as personal leave. That year, only 21 percent of primary and secondary teachers had paid vacation leave.

102

But as noted by BLS,

103

the majority of K-12 school districts function on a school year schedule (37-38 weeks per year) with regular breaks, as do many Head Start Preschool programs. However, most Early Head Start programs and some Head Start Preschool programs operate throughout the summer months as well, and these “year-round” program staff are not benefitting from a summer break. We believe these staff working on more of a year-round schedule should have the opportunity to accrue paid vacation leave, but we do not propose a specific

required number of days per year or accrual rate. We request comment on whether these requirements regarding paid vacation or personal leave are important for attracting and retaining qualified staff. We seek comments on whether the implementation of these requirements would lead to unintended consequences or unpredictable expenses, particularly in the case of paying out upon an employee leaving a program.

102

BLS. (2022). National Compensation Survey: Employee Benefits in the United States, March 2022. Table 7: Leave benefits by occupational category, Civilian workers, March 2022.

https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm.

103

BLS. (2022). Employee Benefits in the United States, March 2022.

https://www.bls.gov/news.release/pdf/ebs2.pdf.

Next, we propose to add new paragraph (f)(1)(v) which requires that employers offer access to short-term behavioral health services for full-time staff that entails minimal or no out-of-pocket costs for staff. We propose that these services include access to approximately three to five outpatient visits per year.

104

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 requires that group health plans and health insurance coverage ensure that financial requirements and treatment limitations on mental health and substance-use disorder services are no more restrictive than the predominant financial requirements and treatment limitations applicable to medical and surgical health services, and that there are no financial requirements and treatment limitations applicable only with respect to mental health and substance use disorder services. Mental health and substance-use disorder services, including treatment such as counseling and psychotherapy, are also one category of the essential health benefits that health insurance issuers offering non-grandfathered

105

group or individual health insurance coverage (including health insurance coverage offered in the Marketplace) must cover without annual dollar caps.

104

When offering access to the behavioral health services that would be required under these proposed rules, an employer should be aware that other provisions of law may apply to that arrangement. In general, the provision of medical care, including the provision of behavioral health services, could result in the arrangement being considered a group health plan subject to the relevant provisions of the Employee Retirement Income Security Act (ERISA) that applies to group health plans, unless the arrangement qualifies as an excepted benefit. For an Employee Assistance Program (EAP) to qualify as an excepted benefit, the EAP must meet the requirements of 26 CFR 54.9831-1(c)(3)(vi); 29 CFR 2590.732(c)(3)(vi) and 45 CFR 146.145(b)(3)(vi), including that the program may not provide significant benefits in the nature of medical care and that no employee premiums or contributions or cost-sharing can be required as a condition of participation in the EAP. To the extent the arrangement that provides the behavioral health visits required under these proposed rules does not meet the requirements to qualify as an excepted benefit, the arrangement may be considered a group health plan subject to the requirements of Part 7 of the Employee Retirement Income Security Act (ERISA).

105

Section 1251 of the Affordable Care Act provides that grandfathered health plans are not subject to certain provisions of the Code, ERISA, and the PHS Act, as added by the Affordable Care Act, for as long as they maintain their status as grandfathered health plans. See 26 CFR 54.9815-1251; 29 CFR 2590.715-1251 and 45 CFR 147.140. For a list of the market reform provisions applicable to grandfathered health plans under title XXVII of the PHS Act that the Affordable Care Act added or amended and that were incorporated into the Code and ERISA, visit

https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/laws/affordable-care-act/for-employers-andadvisers/grandfathered-health-plans-provisions-summary-chart.pdf.

Even with health insurance, out-of-pocket expenses like high deductibles or copays may serve as barriers for individuals facing mental illness or symptoms for receiving care. In 2010, only 15 percent of private industry workers had a high deductible plan, compared to 45 percent in 2018.

106

In a 2020 nationally representative survey, among those reporting perceived unmet mental health care needs in the prior year, 46 percent reported that they could not afford the cost of treatment, 19 percent reported that their health insurance did not pay enough for mental health services, and 29 percent reported they did not know where to go for services.

107

106

BLS. (2023).

High deductible health plans and health savings accounts. https://www.bls.gov/ebs/factsheets/high-deductible-health-plans-and-health-savings-accounts.htm.

107

Council of Economic Advisors. (2022, May).

Reducing the economic burden of unmet mental health needs.

The White House.

https://www.whitehouse.gov/cea/written-materials/2022/05/31/reducing-the-economic-burden-of-unmet-mental-health-needs/.

Research suggests that Head Start staff face a constellation of stressors, including financial stress and challenging behaviors in the classroom, which are in turn associated with poorer staff physical and psychological well-being, and may benefit from increased access to mental health care services. Head Start teachers experience high rates of health problems and depressive symptoms, with some studies finding that nearly one-third have depressive symptoms.

108

A 2013 study in Pennsylvania found that Head Start teachers showed higher rates of poor or fair health, depressive symptoms, unhealthy days, and having three or more health conditions compared to women with similar backgrounds.

109

The challenges surrounding the COVID-19 pandemic exacerbated stress and health problems among early childhood teachers. A study of ECE professionals conducted in summer 2020 in New York City found that 31 percent reported doctor-diagnosed anxiety and 23 percent reported doctor-diagnosed depressive symptoms.

110

Another study of over 80,000 ECE professionals found that 47.5 percent screened positive for depression and 66.5 percent reported moderate to high stress levels, which was a higher prevalence of both depression and stress than among US adults overall in 2020.

111

Further, research on Head Start programs has linked staff job stressors and poor mental health to lower-quality teacher-child interactions and teachers' behavioral management skills.

112

In a sample of Head Start programs, teachers' depressive symptoms were associated with fewer gains in children's math skills across the year.

113

108

Ibid.

109

Whitaker, R., Becker, B., Herman, A., & Gooze, R. (2013). The physical and mental health of Head Start staff: The Pennsylvania Head Start staff wellness survey, 2012.

Preventing chronic disease, 10

(1), 1-9.

110

Kwon, K.-Ah., Ford, T.G., Tsotsoros, J., Randall, K., Malek-Lasater, A., & Kim, S.G. (2021). Challenges in working conditions and well-being of early childhood teachers by teaching modality during the COVID-19 pandemic.

International Journal of Environmental Research and Public Health, 19,

4919.

111

Elharake, J.A., Shafiq, M., Cobanoglu, A., Malik, A.A., Klotz, M., Humphries, J.E., . . . & Gilliam, W.S. (2022). Prevalence of Chronic Diseases, Depression, and Stress among US Child Care Professionals during the COVID-19 Pandemic.

medRxiv,

2022-03.

112

Li-Grining, C.L., Raver, C.C., Champion, K., Sardin, L., Metzger, M., & Jones, S.M. (2010). Understanding and improving classroom emotional climate and behavior management in the “real world”: The role of Head Start teachers' psychosocial stressors.

Early Education and Development, 21

(1), 65-94.; Roberts, A., LoCasale-Crouch, J., Hamre, B., & DeCoster, J. (2016). Exploring Teachers' Depressive Symptoms, Interaction Quality, and Children's Social-Emotional Development in Head Start.

Early Education and Development, 27

(5), 642-654.; Whitaker, R.C., Dearth-Wesley, T., & Gooze, R.A. (2015). Workplace stress and the quality of teacher-children relationships in Head Start.

Early Childhood Research Quarterly, 30,

57-69.

113

Jeon, S., Jeon, L., Lang, S. & Newell, K. (2021). Teacher depressive symptoms and child math achievement in Head Start: The roles of family-teacher relationships and approaches to learning.

Child Development,

92(6), 2478-2495.

Access to free or low-cost short term mental health services is key to promoting staff well-being and children's development. Programs may use a variety of strategies to ensure staff facing mental health conditions or symptoms have access to short-term, affordable mental health treatment. Employers may do so through an employer-sponsored group health plan that provides short-term, outpatient behavioral health care at low out-of-pocket costs, or through an Employee Assistance Program (EAP) that qualifies as an excepted benefit and can refer and connect employees to mental health resources and providers. While we propose to require programs to cover approximately three to five outpatient visits, nothing in these rules prohibit a

program from providing additional visits.

Next, we propose to add new paragraph (f)(3) which requires programs to connect staff members who are parents with affordable child care resources and information—including connections to child care resource and referral agencies if applicable—and to facilitate the enrollment of staff members who may be eligible in the child care subsidy program. The early childhood workforce, including Head Start staff, are disproportionately women of color,

114

many of whom rely on child care for their own children. High-quality child care is expensive and difficult to find,

115

particularly for infants and toddlers, but key to both promoting labor force participation and children's development.

116

Child Care Resource and Referral (CCR&R) organizations and other child care consumer education organizations serve as resource hubs to connect families to high-quality, affordable child care through referrals and information on licensing, subsidies, and how to access services for children with disabilities.

117

Head Start programs can ensure that staff members are aware of and connected to local CCR&Rs or other consumer education organizations in their communities. For each staff member who may be eligible for public child care assistance, a program should educate and facilitate application to and enrollment in the child care subsidy program.

114

Coffey, M. (2022).

Still underpaid and unequal: Early childhood educators face low pay and a worsening wage gap.

Center for American Progress.

https://www.americanprogress.org/article/still-underpaid-and-unequal/

; Mayfield, W., & Cho, I. (2022).

The National Workforce Registry Alliance 2021 Workforce Dataset: Early Childhood and School-age Workforce Trends, with a Focus on Racial/Ethnic Equity.

National Workforce Registry Alliance.

https://www.registryalliance.org/wp-content/uploads/2022/05/NWRA-2022-ECE-workforce-data-report-final.pdf

; Smith, L., McHenry, K., Morris, & Chong, H. (2021).

Characteristics of the child care workforce.

Bipartisan Policy Center.

https://bipartisanpolicy.org/blog/characteristics-of-the-child-care-workforce/.

115

Child Care Aware. (2022).

2021 Child Care Affordability. https://www.childcareaware.org/catalyzing-growth-using-data-to-change-child-care/#ChildCareAffordability.

116

Chaudry, A., Morrissey, T.W., Weiland, C., & Yoshikawa, Y. (2021).

Cradle to Kindergarten: A New plan to combat inequality, 2nd Edition.

New York: Russell Sage Foundation.

117

https://www.childcareaware.org/about/child-care-resource-referral/.

Further, we recognize that many Head Start staff members' own children may be eligible for Head Start services. Being able to enroll one's own child in an ECE program where that individual is also employed could be an important benefit to support recruitment and retention of staff. Therefore, we also propose to add a new paragraph (5) to § 1302.14(a)

Selection criteria

that clarifies programs can choose to prioritize the enrollment of staff members' children through selection criteria. Section 1302.14(a) includes requirements for establishing selection criteria to weigh the prioritization of selection of participants for the program. The proposed standard in new paragraph (5) clarifies that programs can choose, as part of this process, to prioritize staff members' children. Programs are reminded that in order to be enrolled in a Head Start funded slot, such children would still need to be age eligible and meet an eligibility category described in § 1302.12(c) or (d). We also note that as the wage requirements proposed in this NPRM are implemented, this would likely affect eligibility for some staff.

Next, we propose a new paragraph (4) in § 1302.90(f) that requires programs to facilitate access to Public Service Loan Forgiveness (PSLF), or other applicable student loan debt relief programs, for any Head Start staff who may have student loan debt. This includes timely certification of employment for the staff member. Evidence suggests that student loan debt is higher among the ECE workforce than the overall population. When combined with relatively low wages, this compounds economic hardship. According to a March 2022 survey of approximately 2,500 ECE providers, 19 percent reported they had student debt, compared to 17 percent of the U.S. adult population overall, and 17 percent reported they carried debt for others.

118

RAPID Survey, Student Debt in the Early Childhood Workforce, May 2022. Retrieved from:

https://rapidsurveyproject.com/our-research/student-debt-in-the-early-childhood-workforce.

The PSLF Program, administered by the U.S. Department of Education, is intended to encourage individuals to enter and continue in full-time public service employment by forgiving the remaining balance of their Direct loans after they satisfy public service and loan payment requirements. Many Head Start programs share information with staff about the PSLF program as well as other State or local student debt relief opportunities they may be eligible for as a staff recruitment and retention strategy that can reduce financial stress among staff. Individual borrowers who are eligible for PSLF must submit with their PSLF application a certification of qualifying employment which requires a signature from the employer. It is important that Head Start programs offer timely certification of employment to facilitate debt relief for Head Start staff. This proposed standard would require programs to facilitate access to PSLF and other available student debt relief by providing information about debt relief opportunities and offering timely certification of employment.

Next, recognizing that there are other benefits that may enhance programs' ability to compete for skilled staff, we propose to require programs, at least once every 5 years, to assess and determine if their benefits package is adequate for recruiting and retaining full-time staff and competitive with benefits offered by local or neighboring school districts. The proposed standard specifies that programs may offer additional benefits to staff, including more enhanced health benefits, retirement savings plans, flexible savings accounts, or life, disability, and long-term care insurance. We propose to encourage programs to offer additional benefits to all staff based on the needs of their workforce. Additional benefits may include but are not limited to retirement, dental or vision benefits; subsidized health insurance for staff members' dependents; tax-exempt health, dependent care, or flexible spending accounts; or other benefits to staff such as life, long-term care, and disability insurance.

Finally, ACF is considering adding retirement savings plans to the list of required benefits to be provided to full-time Head Start staff and specifically seeks public comment on whether to add an additional requirement for recipients to provide retirement savings benefits to full-time staff. Research indicates that the majority of public school teachers are offered some type of retirement or pension plan.

119

And a study of ECE professionals in one State found that 80 percent were worried about their retirement savings.

120

Providing retirement benefits may provide another mechanism for Head Start programs to recruit and retain staff. However, we also recognize that such a requirement could lead to additional slot loss in Head Start absent additional appropriations. We seek public comment on whether retirement savings benefits, ranging from employer assistance in establishing retirement accounts to more comprehensive benefits with employer matching

contributions, consistent with what public schools offer, should be required as an effective mechanism for staff recruitment and retention, especially when weighed against potential slot loss. Overall, we believe this set of employer-provided benefits is necessary to attract and retain a skilled, qualified workforce in Head Start programs. In general, as Head Start programs phase in wage increases and benefits, they should hold harmless existing benefits such that employees receive benefits that are at least as generous as their current benefits. ACF requests comment about the degree to which grant recipients are currently offering a set of high-quality benefits and the administrative difficulty or expense creating these benefits would entail. We also seek public comment on how any of the proposed benefit requirements in this section may impact various communities. We specifically request public comment from the special populations served by Head Start, including AIAN and MSHS programs and communities.

119

BLS. (2022). Employee benefits in the United States. Table 1. Retirement benefits: Access, participation, and take-up rates.

120

Sakai, L. (2014). “Economic Insecurity and Early Childhood Teaching.” In

Worthy Work, Still Unlivable Wages: The Early Childhood Workforce 25 Years after the National Child Care Staffing Study,

edited by Marcy Whitebook, Deborah Phillips, and Carollee Howes, 41-54. Berkeley, CA: Center for the Study of Child Care Employment.

Workforce Supports: Staff Wellness (§ 1302.93)

Section 1302.93 outlines program requirements for promoting staff health and wellness, including that staff: have regular health examinations; do not pose a risk of exposing others in the program to communicable diseases; are provided access to mental health and wellness information, including opportunities to learn about these topics. However, these current standards lack critical requirements to promote staff physical and mental wellness on the job, including regular breaks during the workday and access to appropriate adult-size furniture in classrooms. We believe the proposed requirements described in this section, together with the proposed requirements described in the

Subpart I—Human Resources Management

subsection of the

Mental Health Services

section of this preamble, will provide much needed supports to reduce staff stress and burnout; improve the quality of interactions between teachers and children; and improve staff recruitment and retention. Importantly, improving staff retention will also contribute to a more positive, improved working environment for all staff.

In this section we describe newly proposed requirements for grant recipients to provide a minimal level of regular breaks for staff as well as brief unscheduled `wellness breaks' for staff who work directly in classrooms with children to support stress management, improve well-being, reduce turnover, and improve staff retention and the quality of services. We also propose a requirement for classroom staff to have access to appropriate adult-sized furniture in classrooms to support ergonomic health. These newly proposed provisions are consistent with the proposed requirements in new paragraphs (e) and (f) of § 1302.90 that support improved staff wages and benefits.

First, we propose to add a new paragraph (c) to § 1302.93 which outlines requirements for break times during work shifts. In new paragraph (c)(1)(i) we specify that a program must provide, for each staff member working a shift lasting between four and six hours, a minimum of one 15-minute break per shift. In new paragraph (c)(1)(ii), we specify that a program must provide, for each staff member working a shift lasting six hours or more, a minimum of one 30-minute break per shift. Newly proposed paragraph (c)(2) requires programs to comply with State laws or regulations that are more stringent for staff breaks, if applicable. The required breaks outlined in new paragraph (c)(1) are minimums, and programs may choose to provide staff with longer or more frequent breaks depending on the needs of staff, children, and their programs.

For staff members who regularly work in classrooms with children, the breaks for staff described in (c)(1) will be subject to required staff-child ratios. However, in newly proposed paragraph (c)(3), we specify that during break times for classroom staff, one teaching staff member may be replaced by one staff member who does not meet the teaching qualifications required for the age, as long as this staff member has the necessary training and experience to ensure safety of children and minimal disruption to the quality of services. ACF expects that, for classroom staff, these regular breaks will be scheduled for periods that are least disruptive for classroom instruction or routines, such as during nap times, meals, or outside play periods and will be covered by staff who have completed the appropriate background checks.

In addition, we propose to add new paragraph (c)(4), which requires a program to design and implement a systematic approach to ensure each staff member that works directly with children as part of their regular job responsibilities can have access to brief unscheduled wellness breaks of about 5 minutes as needed while ensuring child safety. ACF expects these unscheduled breaks to be brief, of approximately 5 minutes in length. The safety of children is of the utmost importance to ACF, and we recognize this is a key priority for programs as well. By designing an intentional, systematic approach for brief `wellness' breaks, we think programs will be able to better support staff members who feel temporarily overwhelmed or stressed by the challenges of the position in the classroom or otherwise need a very brief break (

e.g.,

to use the restroom or take an emergency phone call). It will allow staff the opportunity to briefly step away from an overwhelming situation, calm down as needed, and think through an appropriate approach to handling the given situation. We believe this can help prevent or reduce child incidents in classrooms. At the same time, careful attention should be given at the program level to allow for these brief wellness breaks while also promoting the safety of children. It is expected that the number of unscheduled breaks could vary daily, and it may be the case that on any given day individuals may not need unscheduled breaks whereas on other days they could need more. We request public comment on the length or ideal frequency of these brief wellness breaks.

We also propose to add a new paragraph (d) to § 1302.93 which requires programs to ensure staff have access to adult size furniture in classrooms. This could include, for instance, adult sized chairs or desks depending on what the classroom layout allows. This change was motivated by the data indicating that staff in Head Start programs experience work-related ergonomic pain. For example, a survey of Head Start teachers in Baltimore found that 80 percent reported musculoskeletal pain as a result of their work.

121

In an Oklahoma sample of Head Start teachers, more than seven in ten (73 percent) Head Start staff reported work-related ergonomic pain, including in routine activities like diapering or stooping to pick up children.

122

Additionally, nearly one-third reported neck pain (31 percent), one in four reported shoulder pain (26 percent), and over half reported back pain (56 percent).

123

The proposed requirement for adult size furniture will support the physical health of teachers and aligns with ACF's goal of improving

and investing in staff health and wellness.

121

The Happy Teacher Project. (2020).

Strengthening Health, Wellness, and Psychosocial Environments in Head Start: Technical Report 2020.

Johns Hopkins University and Oklahoma State University

122

Kwon, K., Ford, T., Randall, K., Castle, S. (2021).

Head Start Teacher Paradox: Working conditions, well-being, and classroom quality.

The Happy Teacher Project: Johns Hopkins Un

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