# Reducing Federal Burden for Head Start Programs > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2026-16134 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** August 7, 2026 - **Citation:** 91 FR 51248 ## Text DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Part 1301, 1302, 1303, 1304, and 1305 RIN 0970-AD30 Reducing Federal Burden for Head Start Programs 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: This NPRM proposes to rescind and replace the Head Start Program Performance Standards (Performance Standards), last revised in 2024. The proposed Performance Standards would significantly reduce Federal bureaucratic burden on programs; defer to State policies wherever possible; return substantial local control to Head Start agencies delivering the services and to parents as the primary caregivers and decision-makers for their children; reduce unnecessary duplication of Head Start regulations with Federal statute and other regulations; and emphasize the critical role of health, nutrition, and physical exercise for young children. DATES: Please submit comments on this NPRM by October 6, 2026. ADDRESSES: You may submit written comments, identified by docket number ACF-2026-0595 and/or RIN number 0970-AD30, by one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Email: Deregulation@acf.hhs.gov. Include the docket number ACF-2026-0595 and/or RIN number 0970-AD30 in the subject line of the message. Instructions: All submissions received must include the agency name and docket number or RIN number for this rulemaking. All comments received are a part of the public record and will be posted for public viewing on www.regulations.gov, without change. Please be advised that the substance of the comments and the identity of individuals or entities submitting the comments will be subject to public disclosure. FOR FURTHER INFORMATION CONTACT: Adam N. Jones, Deputy Chief of Staff, Immediate Office of the Assistant Secretary, Administration for Children and Families, Department of Health and Human Services, Washington, DC 202-417-0115 or Deregulation@acf.hhs.gov. The docket on https://www.regulations.gov will include a plain language summary of the NPRM. SUPPLEMENTARY INFORMATION: I. Statutory Authority and Requirements This NPRM is published under the authority granted to the Secretary of the Department of Health and Human Services under sections 641, 641A, 644, 645, 645A, and 646 of the Head Start Act (Act) (42 U.S.C. 9836, 9836a, 9839(c), 9840, 9840a, and 9841), as amended by the Improving Head Start for School Readiness Act of 2007. In these sections, the Secretary is required to establish performance standards for Head Start and Early Head Start programs, as well as Federal administrative procedures. Specifically, the Act requires the Secretary to “modify, as necessary, program performance standards by regulation applicable to Head Start agencies and programs. . . .” (Sec. 641A(a)(1)). Further the Act specifies that, “in developing any modifications to standards . . . the Secretary shall—take into consideration . . . projected needs of an expanding Head Start program . . . [and] guidelines and standards that promote child health services and physical development, including participation in outdoor activity that supports children's motor development and overall health and nutrition” (Sec. 641A(a)(2)). In order to meet requirements mandated by the Act, give more authority to states and parents, reduce unnecessary burden and regulatory duplication, and promote health, nutrition and physical exercise, this NPRM would reorganize and substantially amend the existing Federal regulations for Head Start programs. II. Background Initiated under President John F. Kennedy's efforts and formally launched in 1965 as part of President Lyndon Johnson's “War on Poverty,” Head Start was created out of concern for the well-being of children in low-income families based on evidence that they were less likely to succeed in school than their more well-positioned peers. As its name implies, the Head Start program was developed to enhance the experiences of children in low-income families prior to school entry, with the goal of alleviating the negative effects of growing up in poverty. When Project Head Start was first started in the summer of 1965, over 560,000 children and families across the United States were served in an 8-week program. As the program grew, it expanded opportunities for children to receive services in a number of ways. In 1995, Head Start expanded to include pregnant women and children from birth to 3 years of age through the Early Head Start program, which emphasized the importance of children's earliest years for lifelong development. The Head Start Program Performance Standards (Performance Standards) are the foundation on which programs design and deliver services to support the school readiness of children from low-income families. The first set of Standards was published in the 1970s. The first major revisions to the Performance Standards were issued in 1996. The 2007 reauthorization of the Head Start Act placed an emphasis on involving parents in the design of the program and placed a stronger focus on the educational outcomes of Head Start children. The proposed landmark 2026 revision would fundamentally transform the landscape, empowering states and local authorities to meet the unique needs of children and families in their communities—free from burdensome Federal regulations that have long constrained progress. With the freedom to create local solutions for local challenges, these changes would ultimately strengthen and revitalize the family unit. Over time, the delivery of these crucial services became unnecessarily encumbered by onerous regulations. Eliminating these restrictive Federal regulations would also empower small and local businesses, freeing them to focus on excellence in service delivery rather than bureaucratic compliance. This proposed sweeping reform would deliver tangible benefits to children, families, and the broader community, fueling prosperity and opportunity at every level. This NPRM would modernize the Performance Standards; reduce Federal regulation and duplication; empower states, local programs, and families with greater authority and flexibility; advance the health and well-being of children and communities; and reinforce evidence-based standards for health, nutrition, and physical activity. Expert and Stakeholder Consultation Throughout the years, ACF has received feedback that the Performance Standards are overly prescriptive, constrain flexibility, and impede coordination with State and local requirements. This input comes from Head Start program leadership staff, including Tribal leaders, and national organizations that represent Head Start programs. Additionally, program monitoring has provided insight into the strengths and weaknesses of the current Performance Standards. The proposed changes in this NPRM give programs more flexibility and discretion in a way that matches local content. Additionally, the publication of this NPRM initiates a public comment period during which ACF will receive comment from all interested parties. In particular, ACF is interested in hearing from experts in the fields of child development, early childhood education, child health care, family services, administration, and financial management and others with Head Start operations experience. III. Executive Summary Purpose of the Proposed Rule This NPRM proposes to comprehensively rescind and replace the Head Start Program Performance Standards at 45 CFR Chapter XIII to restore flexibility to Head Start programs and families, reduce regulatory burden, eliminate duplication with statutory requirements, reinforce state and local authority, and refocus Federal oversight on core statutory priorities, particularly school readiness and child outcomes, child development and health, and parental engagement. This modernization would ultimately empower states to actively lead the advancement of early childhood education, ensuring meaningful impact for children and families. Its purpose is to drive lasting improvements in early childhood educational outcomes and to foster change by preparing our youngest learners to succeed in their educational journey, and seeking to end generational poverty. The Performance Standards have grown increasingly detailed and prescriptive, often duplicating or elaborating upon requirements already established in the Head Start Act or other Federal statutes and regulations. This accumulation of regulatory complexity has shifted program focus towards procedural compliance rather than direct service delivery. This expansion has constrained program flexibility, increased administrative workload, and limited the ability of grant recipients to tailor services to the unique needs of their communities. This proposed rule would rescind Parts 1301 through 1305 of the current Performance Standards in their entirety and replace them with a streamlined Part 1301 that maintains statutory accountability while reducing unnecessary Federal burden and overreach. Reduce Regulations and Restore Authority to States The proposed rule would substantially reduce the scope and prescriptiveness of Federal regulatory requirements and return primary authority over areas traditionally within state and local purview. For instance, the proposed rule would give authority to the States to govern group size and ratios, background checks, and transportation practices while eliminating duplicative Federal requirements. By restoring flexibility in these areas, the rule would allow states and local programs to align more effectively with state early childhood systems and community conditions. This approach reflects principles of cooperative federalism and recognizes that state and local entities are best positioned to design and administer services responsive to their populations. Returning Authority Back to Parents Consistent with the Head Start Act, this proposed rule specifically recognizes parents as children's primary teachers and essential partners in program governance. Furthermore, the proposed rule would reduce prescriptive Federal requirements governing curriculum implementation, parent committees, family engagement procedures, and service delivery structures. By eliminating detailed procedural mandates not required by statute, the rule reaffirms parental authority and strengthens opportunities for families to make meaningful decisions regarding their children's education and development. This shift ensures that family engagement is grounded in partnership and shared responsibility rather than compliance-driven process requirements. Reducing Unnecessary Burden The proposed rule would rescind more than 1,400 highly detailed regulatory provisions and replace them with a consolidated and streamlined framework. It simplifies eligibility, recruitment, selection, enrollment, and attendance (ERSEA) requirements; removes duplicative documentation and procedural mandates; and reduces reporting obligations not required by statute. The rule would also broaden waiver authority, excluding core protections related to nutrition, physical activity, and eligibility, to provide programs greater operational flexibility. Facilities requirements would be simplified, reporting timelines made less prescriptive, and designation renewal processes streamlined to focus on measurable outcomes and fiscal integrity and remain in line with statute. Collectively, these revisions would shift resources from administrative overhead to direct services, reduce compliance-driven operational constraints, and improve program efficiency without altering statutory protections. Furthers Emphasis on Health, Nutrition, and Physical Exercise While reducing regulatory burden in many areas, the proposed rule strengthens emphasis on core statutory priorities related to child health and physical development. The proposed regulatory framework would encourage programs to provide nutrient-dense, whole foods compatible with healthy dietary practices within the framework of the USDA Child and Adult Care Food Program meal standards and continue to structure meal times in ways that support both development and learning. In addition, programs would be required to provide a minimum of 30 minutes of physical activity for every three and a half hours that the child participates in the program, with outdoor activity required when weather permits. Reduce Duplication The proposed rule would eliminate regulatory provisions that restate requirements already codified in the Head Start Act or other Federal laws and regulations. By removing redundant language and compliance layers, the rule clarifies that statutory requirements remain fully binding while avoiding unnecessary repetition in regulation. This approach reduces confusion, improves regulatory clarity and focus, and ensures that Federal oversight is focused on statutory requirements and areas where regulatory implementation is necessary rather than duplicative of existing law. This clarification is intended to improve regulatory transparency, reduce confusion among grant recipients, and ensure that Federal oversight is grounded in statutory authority rather than duplicative rule text. Maintain Statutory Accountability Although many regulatory provisions would be rescinded, all statutory requirements contained in the Head Start Act remain fully in effect. Programs must continue to comply with statutory mandates concerning eligibility, governance, school readiness goals, services for children with disabilities, fiscal controls, monitoring, background checks, civil rights protections, and parent involvement. Federal oversight mechanisms required by statute, including monitoring, audit requirements, and child safety protections, would remain unchanged. Nothing in this proposed rule alters or waives statutory obligations; rather, it aligns regulatory text more closely with governing law. The proposed regulatory framework is designed not to diminish accountability, but to ensure that accountability flows directly from statutory requirements rather than layered procedural mandates. Anticipated Impact If finalized, this rule would substantially reduce Federal regulatory complexity while preserving statutory safeguards and accountability mechanisms. Head Start grant recipients would have increased flexibility to design services responsive to local conditions, align more effectively with state systems, develop child outcome and school readiness goals that mirror state requirements, and prioritize direct services to children and families. The proposed rule would improve operational efficiency, strengthen fiscal stewardship, increase transparency for parents, reinforce health and physical development priorities, and clarify the appropriate balance between Federal oversight and state and local program administration. These outcomes would support long-term program sustainability while preserving core statutory protections. ACF recognizes there are a range of possible options regarding the effective dates for the proposed rescission and replacement of standards and requests public comment on implementation timing of these changes to maximizing the goals outlined above. Costs, Benefits, and Transfer Impacts By removing multiple regulatory requirements in the Performance Standards, this NPRM is expected to reduce compliance costs and create efficiencies in the distribution of resources within the program. The primary quantified effects of this rule are reductions in program expenditures associated with changes in staffing, service delivery, and administrative requirements, as well as program reinvestment effects associated with the proposed administrative cost cap, as described in the Regulatory Impact Analysis (RIA). Because Head Start is a grant-funded program, these reductions may be reallocated by grant recipients to support additional funded slots. Over a five-year time horizon covering 2027 through 2031, ACF estimates total quantified impacts of approximately $1,476,881,912 to $2,959,495,914 annually at full implementation, with a primary estimate of approximately $2,218,188,913. These estimates reflect the combined effects of scenario-based reductions in personnel expenditures and fixed reductions associated with structural policy changes, and program reinvestment effects associated with the administrative cost cap. Consistent with the phased implementation described in this RIA, these impacts increase over time starting in 2027 and reach full effect in 2031. For purposes of presenting annualized impacts, ACF calculates annualized cost reductions and transfers over the five-year period using standard discount rates of 3 percent and 7 percent, consistent with OMB Circular A-4. Based on the phased implementation schedule described above, the estimated annualized cost reductions are approximately $1,304,696,469at a 3 percent discount rate and $1,271,000,241 at a 7 percent discount rate under the primary scenario. Consistent with prior analyses of Head Start policy changes, reductions in program expenditures may translate into increases in funded slots, including approximately 116,516 new Head Start Preschool slots and 45,578 Early Head Start slots in 2031. These estimates represent the number of funded slots that could be supported in that year and are not cumulative across years. These effects are reflected in the funded slot estimates presented in the RIA and are based on nominal cost reductions and program reinvestment effects and incorporate a phased implementation approach. To produce an estimate of the quantified annual cost savings associated with the proposed rule for purposes of Executive Order 14192, ACF assumes that the impacts of the proposed changes on costs at full implementation in 2031 extend in perpetuity. Under this assumption, ACF calculates annualized cost savings at a 7 percent discount rate relative to the baseline year, excluding transfers and adjusting the estimate to 2024 dollars consistent with OMB guidance for Executive Order 14192 accounting. The annualized cost savings at a 7 percent discount rate are approximately $0.94 billion. This amount reflects quantified reductions in regulatory compliance costs and program expenditures and does not include the administrative cost cap effect, for which the quantified effect is treated as a transfer because it reallocates Head Start resources within the program. Separately, ACF estimates potential funded slot capacity using the broader set of ongoing quantified impacts, including cost reductions and program reinvestment effects, under the funded slots methodology described above. That funded slot estimate is not used as the Executive Order 14192 accounting value. This estimate is based on 2031 costs and does not assume future appropriations increases, cost-of-living adjustments (COLAs) needed to keep pace with increasing costs, or other funding changes that would affect the number of slots that could be supported in subsequent years. These estimates represent potential changes in regulatory burden, program reinvestments and reallocations within the Head Start program, and associated impacts on funded slots. Actual realized impacts may differ depending on program-level decisions, state and local requirements, labor market conditions, and the extent to which programs choose to maintain existing practices even when they are no longer required by the Performance Standards. Severability The purpose of this Section is to clarify ACF's intent with respect to the severability of the provisions of this NPRM. As explained above, ACF proposes removing Sections of the Head Start regulations because we determined that doing so would make the regulations clearer, less burdensome, and more accessible to the public. To the extent that any portion of the proposed removals are declared invalid by a court, ACF intends for all other provisions of this proposed rule to remain in effect to the greatest extent possible to ensure that Head Start regulations remain as concise and accessible as possible. For example, if section 1301.01 Committees is deemed invalid by a court, all other provisions in 1301 can function independently of 1301.01. As another example, if section 1301.14 on the 5 percent administrative cap is invalidated by a court, all other provisions in 1301 can function independently of 1301.14. None of the provisions contained herein are central to an overall intent of the proposed rule, nor are any provisions dependent on the validity of other, separate provisions. IV. Table In this NPRM, we propose rescinding the Performance Standards as they currently exist and replacing them with a streamlined set of requirements that are not duplicative of the Head Start Act and other Federal statutes and regulations. We include the following table to help the public identify which current regulations we propose to remove entirely and which we propose to replace. We also indicate which current regulations will still be required by the Head Start Act, despite being removed or replaced in the proposed regulations. The table is not an exhaustive list of all other applicable Federal statute or regulations such as the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards that still govern aspects of program operation. To understand the proposed requirements, it is essential to read them in full and reference the requirements in the Head Start Act, however, the table below is a tool to help reflect the relationship between the current regulations, proposed regulations, and the Head Start Act, at a high level. BILLING CODE 4814-87-P EP07AU26.003 EP07AU26.004 EP07AU26.005 EP07AU26.006 EP07AU26.007 EP07AU26.008 EP07AU26.009 EP07AU26.010 EP07AU26.011 EP07AU26.012 EP07AU26.013 BILLING CODE 4814-87-C Similar to all sections of this NPRM, ACF requests public comment on how to support states in complying with statute in the absence of the proposed rescinded regulations found to be duplicative with statute, including what challenges states may face in interpreting and complying with statute. V. Discussion of Proposed Rule ACF proposes to rescind parts 1301 through 1305 in the current regulation and either completely rewrite or restructure them under subchapter B at 45 CFR Chapter XIII. The order proposed here removes parts 1302 through 1305 in the current regulation and redesignates new and remaining requirements in a new part 1301. The table provided in section IV., above, is intended to help the public readily locate current sections and provisions proposed for revision, removal, and renumbering. Program Governance The proposed new § 1301.01 reflects a revision to parent committee requirements by making parent committees optional and eliminating Federal prescriptions regarding committee structure and function. In current § 1301.4, programs must establish parent committees at each center and comply with specific requirements governing their structure and purpose. The proposed regulations at § 1301.01 would allow, but not require, programs to establish a parent committee comprised exclusively of parents of currently enrolled children to advise staff in developing and implementing local program policies, activities, and services to ensure they meet the needs of children and families. Programs would have the flexibility to determine the bylaws of any committee including but not limited to length of a committee member's term and election procedures. These proposed changes at § 1301.01 seek to reduce administrative burden and duplication of requirements that already exist in the Act. The Act's governance provisions remain in effect regardless of these proposed regulatory changes (Sec. 642(c-d)). The statute requires the establishment of a governing body, a Policy Council and in instances when the recipient has subrecipients, Policy Committees. The Act specifies the roles and responsibilities of each body, the reports that must be shared with these governance groups and the composition requirements of each body (Sec. 642(c)). Under the proposed regulations, Head Start programs would continue to be required to have a Governing Body, Policy Council, and for recipients that have subrecipients, Policy Committees. These proposed changes do not represent a departure from empowering parents as the lead decision makers for their children's education as the proposed regulation is simply returning to the statutory requirements, which include in Sec. 642(c) that membership of a program's governing body shall “reflect the community to be served and include parents of children who are currently, or were formerly, enrolled in Head Start programs.” This proposed rule continues to value and prioritize parental engagement. Eligibility, Recruitment, Enrollment and Attendance If finalized, this NPRM would rescind Part 1302 Subpart A of the current Performance Standards, often referred to as Eligibility, Recruitment, Selection, Enrollment, and Attendance (or ERSEA). This NPRM proposes requirements for Eligibility, Enrollment, and Attendance in §§ 1301.02 and 1301.03. The proposed changes in §§ 1301.02 and 1301.03 reflect multiple ACF priorities, including restoring flexibility to local Head Start programs; reducing burden for programs and families; and reducing duplication with relevant statutory requirements. Each of the proposed changes are explained in more detail in the paragraphs that follow. Proposed Eligibility Requirements Aligned With Current Regulation Multiple new proposed regulations under § 1301.02 align with current regulations. These represent important policies to maintain that, for the most part, are not separately detailed in statute. New proposed § 1301.02(a) outlines that a pregnant woman or child is eligible for Head Start if they meet the eligibility requirements in Section 645(a)(1) of the Act. This provision is intended to address the requirement in Section 645(a)(1)(A) that the Secretary prescribes by regulation eligibility for participation in Head Start programs. It is ACF's position that the newly proposed language is sufficient to meet that statutory requirement. New proposed § 1301.02(b) continues to specify that children in foster care are categorically eligible for Head Start services. New proposed § 1301.02(c)(3) specifies the type of documentation a program must secure to verify that a child is in foster care. Both proposed standards align with the current Performance Standards and do not represent a proposed change in policy (see current § 1302.12(c)(1)(iv) and (i)(4)). New proposed § 1301.02(c)(1) clarifies the types of documentation programs must gather and use to determine family income for the relevant time period and whether such income meets requirements for eligibility. New proposed § 1301.02(c)(2) describes documentation requirements when a family is found eligible for Head Start due to receipt of or eligibility for public assistance. These standards are consistent with the current Performance Standards and do not represent proposed changes in policy (see current §§ 1302.12(i)(1) and (i)(2) and 1305.2). Consistent with the current Performance Standards, new proposed § 1301.02(d) describes requirements to reverify a child's eligibility when they move from Early Head Start to Head Start Preschool ( see current § 1302.12(j)(3)). Proposed Eligibility Requirements Rescinded and Replaced From Current Regulation Proposed § 1301.02(c)(4) specifies that self-attestation would no longer satisfy eligibility requirements. If finalized, this change would strengthen risk reduction strategies and mitigate the misuse of funds. Similar to all sections of this NPRM, ACF requests public comment on this proposed change. Proposed § 1301.02(e) specifies requirements for eligibility determination records. Aligned with current regulation, the proposed paragraph would require programs to maintain such records for each participant while enrolled and for one year after they are no longer enrolled (see current § 1302.12(k)(1) and (k)(3)). Finally, in line with efforts to safeguard Federal funds, proposed § 1301.02(f) would require Head Start programs to make such records available to HHS upon request. Sharing such records must be done in accordance with relevant laws and regulations on protecting the confidentiality of personally identifiable information (PII). Note that Family Educational Rights and Privacy Act (FERPA) has exceptions, including for Federal audits/monitoring as well as law enforcement activities. Presumably, if agencies are adopting policies equivalent to FERPA, then similar exceptions would need to be included in those policies. To further guard against fraud and misuse of limited Federal funds and to ensure the neediest children are served by Head Start programs, proposed § 1301.02(f) would require programs to report staff who violate eligibility determination regulations to their Office of Head Start Regional Office point of contact. This represents a proposed change in policy from the current requirement at § 1302.12(l) that gives programs the flexibility to determine policies and procedures for violating eligibility determination regulations. To streamline Federal requirements and reduce duplication across regulations and statute, proposed § 1301.02(g) clarifies that children experiencing homelessness qualify for program eligibility (consistent with current regulations at § 1302.12(c)(1)(iii)) and that programs should address eligibility determinations for this population in accordance with the Act. If finalized, the proposed regulations would allow programs flexibility in documenting homelessness, but self-attestation would no longer meet eligibility requirements. Programs are reminded that statute specifies that the Secretary shall issue rules to remove barriers to enrollment and participation of children experiencing homelessness, including allowing such children to apply, enroll in, and attend Head Start while required documentation is gathered within a reasonable time frame (see Sec. 640(m)). In other words, under the proposed regulations, programs must still comply with the statutory requirement to support enrollment of children experiencing homelessness. Eligibility Requirements Proposed for Removal From Current Regulation The proposed regulations for eligibility under § 1301.02 would reduce duplication in Federal regulatory requirements for Head Start eligibility and remove provisions that currently allow programs to go beyond statutory authority. While programs would still need to comply with all eligibility requirements specified in the Act, their proposed removal from the Performance Standards would reduce duplicative Federal regulatory requirements and ensure these requirements more closely align with statutory requirements and limitations on eligibility for Head Start services. This NPRM proposes to remove the following requirements from current § 1302.12 because they are already detailed in statute: age requirements for eligibility for both Head Start Preschool and Early Head Start (described in Sec. 638 and 645A(c) of the Act); eligibility for a pregnant woman or child whose family income is equal to or below the Federal poverty line (see Sec. 645(a)(1)(B)(i) of the Act); eligibility for a pregnant woman or child whose family is eligible for public assistance, or would be in the absence of child care (see Sec. 645(a)(1)(B)(i) of the Act); flexibility to enroll up to 10 percent of children whose family income is over the income threshold (see Sec. 645(a)(1)(B)(iii)(I) of the Act); flexibility to enroll up to 35 percent of children whose family income is between 100 and 130 percent of the Federal poverty line (see Sec. 645(a)(1)(B)(iii)(II)), including requirements to justify such enrollment (see Sec. 645(a)(1)(B)(iv)); flexibilities in eligibility requirements for Migrant or Seasonal programs and for Indian Tribes (see Further Consolidated Appropriations Act, 2024; Pub. L. 118-47); eligibility requirements for communities with less than 1,000 individuals (see Sec. 645(a)(2)); eligibility duration for Head Start Preschool (see Sec. 645(a)(1)(B)(v)), including Migrant and Seasonal Head Start; and ensuring children in Early Head Start who are eligible for Head Start Preschool can receive those services if the family desires (see Sec. 645A(b)(10)). Regarding the requirements for those eligible for public assistance, programs are reminded that at the time of this publication, “public assistance” for Head Start eligibility is inclusive of Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and Supplemental Nutrition Assistance Program (SNAP) (ACF-IM-HS-22-03). A few eligibility-related standards are proposed for removal because they go beyond statutory authorization regarding eligibility. Specifically, the NPRM proposes to reserve eligibility for those who meet the stated income threshold, without incorporating a further expansion of eligibility by applying housing costs for eligibility determination purposes (current 1302.12(i)(1)(ii), (ii)(A), and (ii)(B)). The NPRM also strengthens program integrity by proposing to remove a provision in current § 1302.12(h) that permits programs to enroll a child without documentation of child age, if such documentation could not be provided by the family. We specifically request public comment on the proposed removal of this provision. Removal of these policies ensures programs are more closely aligning with statutory requirements and limitations on eligibility for Head Start services. Enrollment and Attendance The requirements proposed in § 1301.03 focus specifically on attendance and enrollment. Section 1301.03(a), which proposes to require programs to track attendance for each child, aligns with § 1302.16(a) of the current Performance Standards. Section 1301.03(b) specifies that all applicable Federal and state statutes and state regulations apply to attendance procedures regarding child safety concerns due to absence(s). This means programs must align their attendance procedures with a broader legal framework on attendance, such as the McKinney-Vento Homeless Assistance Act, the Civil Rights Act of 1964, and the Americans with Disabilities Act (ADA)/Section 504 of Rehabilitation Act, which are examples but not an exhaustive list. Section 1301.03(c), which proposes to require that a program maintain its funded enrollment level and fill any vacancy as soon as possible, but not to exceed 30 days, aligns with § 1302.15(a) of the current Performance Standards. The requirements proposed in § 1301.03 would reduce the current burden on enrollment and attendance. Programs would continue to comply with requirements in the Act. The Act specifies that programs must enroll 100 percent of their funded enrollment, maintain an active waitlist, and engage in ongoing outreach to the community and activities to identify underserved populations (Sec. 642(g)); are permitted to provide more than one year of Head Start services to eligible children and can recruit and accept applications throughout the year (Sec. 645(c)); and must comply with enrollment-related reporting requirements if serving children under the 130 percent poverty line provision (Sec 645(a)(1)(B)(iv)). Lastly, the Act requires programs to ensure the sharing of accurate and regular information for the governing body and policy councils to use, specifically noting program enrollment reports, including attendance reports for children whose care is partially subsidized by another public agency (Sec. 642(d)(2)(C)). The proposed changes to enrollment and attendance requirements in § 1301.03 produce significantly fewer Federal requirements for enrollment and attendance, because many of the requirements are not in the Act and they are proposed for removal in the NPRM. These changes, if finalized, would greatly reduce administrative burden and increase program flexibility. Recipients are reminded that they are and will continue to be required to comply with all applicable state and local requirements that have a bearing on enrollment and attendance. Other ERSEA-Related Requirements in Current Performance Standards This NPRM also proposes to remove other Federal ERSEA-related requirements in current Part 1302, Subpart A. The following sections discuss in more detail these requirements in the current Performance Standards and how they would be impacted when these proposed changes are finalized. Determining Community Strengths, Needs, and Resources This NPRM proposes to remove the requirements in § 1302.11 of the current Performance Standards to avoid duplication with the Act's requirements and to reduce burden for programs. If these proposed changes are finalized, there would be significantly fewer Federal requirements related to determining community strengths, needs, and resources. Under the proposed regulations, programs would not be required to propose a service area, as this requirement is duplicative of the Notice of Funding Opportunity (NOFO) process. When applying for funding, a NOFO is posted by service area, and entities apply for the service area(s) outlined in the NOFO. The recipient's Notice of Award also specifies the service area the Federal funding supports, thus providing documentation of the agreement between the recipient and OHS. The proposed regulations would no longer require programs to produce a complicated community needs assessment that meets current overly prescriptive standards, including how often programs must conduct the community assessment, what data elements must be included, and the timelines for review and updates of the community assessment. However, the Act clearly requires use of a community needs assessment, and the Act addresses both how programs and the Secretary should use it. First, the Act requires programs to consider the community needs assessment for purposes of program design and designation as a Head Start program. A program must use their community assessment when applying to convert part-day slots to full-working-day sessions and if applying to convert Head Start preschool slots to Early Head Start slots (Sec 645(a)(4) and (5)(A)(ii)) to demonstrate that a shift in the use of funds is responsive to community need. Additionally, the Secretary must consider whether programs have undertaken a communitywide needs assessment when expanding Head Start and have reflected in their application a need to provide full-working-day or full-calendar-year services and collaborate with other child care providers (Sec. 640(g)(1)(C)). Second, the Act also has several requirements related to the community assessment in the context of monitoring. Reviews must include an assessment of whether programs have addressed the communitywide strategic planning and needs assessment (Sec. 641A(c)(2)(D)) and programs may receive a corrective action if the program fails to address the communitywide needs assessment (Sec. 641A(e)(1)). Third, the Act requires the use of the communitywide needs assessment for technical assistance, including programs developing an annual technical assistance and training plan based on their self-assessment and their communitywide strategic planning and needs assessment (Sec 642(h)). The Act also requires the Secretary, in providing Training and Technical Assistance (TTA), to assist programs in conducting and participating in communitywide strategic planning and needs assessment, including the needs of children experiencing homelessness and their families (Sec. 648(a)(3)(B)(iii)). Lastly, programs must share information about program planning, policies, and operations with the governing body and policy council. One source of information is the communitywide strategic planning and needs assessment, including applicable updates (Sec 642(d)(2)(G)). Selection Process ACF proposes to remove the requirements in § 1302.12 of the current Performance Standards related to the selection process to allow programs greater flexibility in determining how to enroll children in their funded slots. Under these proposed changes, programs would still be required to have selection criteria, but not at the level of overprescription in the current Performance Standards. Note that programs could continue to consider the enrollment of children of staff members as part of their selection criteria, even though this standard is proposed for removal in this NPRM. The intent with the proposed removal of these requirements is not to take away a guidepost for meeting the Act's requirement for selection criteria and then find programs out of compliance; rather it is to be clear that programs have flexibility to develop criteria for filling their enrollment slots that is grounded in community need and best meets the needs of underserved populations. As noted, the Act requires programs to have selection criteria and references selection criteria in several ways. First, in outlining the responsibilities of the governing body, the Act includes establishing procedures and criteria for recruitment, selection, and enrollment of children (Sec. 642(c)(1)(E)(iv)(II)). This means the establishment of selection criteria fall within the formal responsibilities of the agency's governing body. Second, the Act requires that monitoring reviews include a review and assessment of whether programs comply with eligibility requirements under section 645(a)(1) and whether programs have met the requirements for outreach and enrollment policies and procedures, and selection criteria (Sec. 641A(c)(2)(J)). Third, the Act requires the Secretary to issue regulations that prescribe eligibility for participation in Head Start, including that programs may (1) implement outreach and recruitment policies and procedures and (2) establish selection criteria that ensure programs serve children who are low-income and experiencing homelessness before serving children whose families have incomes below 130 percent of the poverty line or are over-income. Lastly, the proposed removal of several provisions in § 1302.14 of the current Performance Standards reduces duplication with requirements included in the Act. The NPRM proposes to remove § 1302.14(b) related to the children eligible for services under IDEA, but the Act requires the Secretary to establish policies and procedures to assure that programs fill at least 10 percent of their actual enrollment slots with children eligible for IDEA (Sec. 640(d)(1)). As such, prior to a final rule taking effect, programs should expect guidance around the 10 percent enrollment requirement. The NPRM also proposes to remove § 1302.14(c) related to waiting lists, but this base requirement does not change as the Act requires that programs maintain an active waiting list at all times with ongoing outreach to the community and activities to identify underserved populations (Sec. 642(g)). As noted, recipients are required to abide by Federal and state laws that apply to the selection and enrollment of participants in Federally-funded programs. Recruitment of Children This NPRM proposes to remove § 1302.13 of the current Performance Standards, which addresses the recruitment of children, to avoid duplication with requirements in the Act and to allow programs more flexibility in how they recruit children and families to participate in Head Start programs. If the proposed changes are finalized, decisions on how best to engage eligible children and families would be at the discretion of local programs. Programs can continue to use the current practices when recruiting children and families and would be compliant with requirements if they do, but programs will no longer be required. However, the Act includes several provisions that establish recruitment-related requirements and responsibilities, and programs will need to comply with these requirements even if the proposed changes are finalized. First, as noted in the discussion of current § 1302.12: Selection process, the Act requires the governing body to establish procedures and criteria for recruitment, selection, and enrollment of children (Sec. 642(c)(1)(E)(iv)(II)). Second, the Act states that programs should be permitted to recruit and accept applications for enrollment throughout the year (Sec. 645(c)). Lastly, in clarifying expectations related to full enrollment, the Act requires that a program enroll 100 percent of its funded enrollment and maintain an active waiting list at all times with ongoing outreach to the community and activities to identify underserved populations (Sec. 642(g)). The Act is clear that it is the responsibility of the governing body to establish selection criteria, that programs can recruit and accept children for enrollment throughout the year, and that programs must have ongoing outreach to the community, but the proposed removal of the requirements in current § 1302.13 gives programs more discretion in how they meet the requirements in the Act. Suspension and Expulsion This NPRM proposes to remove § 1302.17 of the current Performance Standards, which outlines the limitations on suspension and the prohibition on expulsion. The Act requires that Early Head Start programs ensure that children with documented behavioral problems, including problems related to prior or existing trauma, receive appropriate screening and referral (Sec. 645A(b)(6)), thus programs serving infants and toddlers must comply with this statutory requirement. The removal of these regulatory requirements would apply to both Head Start Preschool and Early Head Start programs and would allow them to determine their own disciplinary policies within the context of state and local licensing requirements. The rationale for ACF's proposed removal of these requirements is twofold. First, when ACF included these requirements limiting suspension and prohibiting expulsion in its 2016 final rule revising the Performance Standards, many state child care licensing regulations either did not address suspension and expulsion explicitly or addressed them only indirectly through discipline policies. The landscape has changed, and a growing number of states have incorporated suspension and expulsion requirements directly into licensing regulations, quality standards, or state law. Second, the proposed removal of these Federal requirements restores state and local authority in recognition that effective Head Start programs can and do operate under varying approaches based on state and local contexts. These proposed changes are not an endorsement of suspension and expulsion as approaches to address persistent and serious behavioral concerns; rather, the intent is to allow programs to determine their own discipline policies, within the context of state and local licensing requirements. Recipients are reminded that they will continue to be required to comply with all applicable state and local requirements that have a bearing on suspension and expulsion. Fees This NPRM proposes to remove § 1302.18 of the current Performance Standards, which outlines the policy on fees, because it is duplicative of requirements in the Act. Section 645(b) of the Act, which aligns with § 1302.18, prohibits the Secretary from prescribing any fee schedule or otherwise provide for the charging of any fees for participation in Head Start programs. The Act notes that this prohibition does not prevent (1) families who participate in Head Start programs and who are willing and able to pay the full cost of participation from doing so, and (2) programs that provide full-working-day services in collaboration with other agencies from collecting a family co-payment to support extended day services, as long as the co-payment does not exceed the copayment charged to families with similar incomes and circumstances. Education and the Learning Environment The proposed regulations on education and the learning environment reflect ACF's commitment to providing flexibility to Head Start programs in how they implement services in the classroom context. The proposed regulations address teaching and learning environment (proposed § 1301.04), group size and ratio (proposed § 1301.05), and parent and engagement in education and child development services (proposed § 1301.06). Teaching and Learning Environment The proposed regulations for Teaching and learning environment (§ 1301.04) address requirements pertaining to language, nutrition and physical activity. Language The proposed regulation regarding language in § 1301.04(a) will require programs to conduct all education to children in English. Further, § 1301.04(a)(1) specifies that if a child's native language is not English, and the child does not speak English, a program must prioritize teaching English to the child. Under the proposed regulations in § 1301.17(d), an Indian Head Start agency will not be subject to § 1301.04(a) so long as the language being spoken relates to the furtherance of tribal heritage. If finalized, these proposed changes would represent a shift from current Head Start regulations which require programs to support bilingualism, including both English and the home language for children who are dual language learners (see current § 1302.31(b)(2)) as the current requirements are at odds with E.O. 14224, Designating English as the Official Language of the United States. As discussed in the E.O., learning English opens doors economically for families and helps individuals better engage with their communities. The changes proposed in this NPRM help achieve these goals as a key part of a young child's education. The Act includes several requirements aimed at supporting children and families with limited English proficiency (LEP), a term defined in the Act under Sec. 637 which includes children whose native language is not English or who come from an environment where another language affects English proficiency, and whose English difficulties may deny them success in an English-instruction classroom or full participation in society. Under Sec. 641A(a)(1)(B)(x), the Act requires the Secretary to modify, as necessary, standards for LEP children that must include progress toward the acquisition of the English language while also making meaningful progress in the broader domains (language, literacy, math, etc.). The Act requires programs to ensure that assessments are valid, reliable, and appropriately administered for LEP children, with necessary accommodations (Sec. 641A(b)(2)), provide outreach and information to parents of LEP children in a language they can understand, to the extent practicable, and establish procedures to identify LEP children and inform parents about instructional services, including English acquisition (Sec. 642(11) and Sec. 642(f)(10)), and build workforce capacity through training and technical assistance. In addition, the Act requires all recipients to establish goals and measurable objectives for educational services (Sec. 642(f)(9)). In summary, if these proposed regulations are finalized, programs would be required to conduct all education to children in English (except for Tribal programs, so long as the language being spoken relates to the furtherance of Tribal heritage). However, Head Start programs will continue to be required to continue to comply with all language requirements, for LEP children and their parents, as detailed in the Act. In addition to alignment with E.O. 14224, these proposed changes would minimize non-essential multilingual services and redirect resources toward English-language education and assimilation. Nutrition The proposed regulation regarding nutrition in section § 1301.04(b) requires snack and meal times to be structured and used as learning opportunities that support teaching staff-child interactions and foster communication and conversations that contribute to a child's learning, development, and socialization. Additionally, the proposed regulation encourages programs to meet this requirement with family style meals when developmentally appropriate. These proposed nutrition regulations under the teaching and learning environment align to current § 1302.31(e)(2) and clarify and elevate key aspects of nutrition services and how they strengthen and reinforce education services. This emphasizes ACF's commitment to the Make America Healthy Again (MAHA) agenda through Head Start program services and places a spotlight on the role nutrition plays in promoting children's growth, development, and lifelong healthy habits. In summary, if the proposed regulations are finalized, programs would continue to be required to use snack and meal times as learning opportunities that support teaching staff-child interactions and foster communication and conversations that contribute to a child's learning, development, and socialization. Additionally, the proposed regulation continues to encourage programs to meet this requirement with family style meals when developmentally appropriate. Physical Activity The proposed regulation regarding physical activity in section § 1301.04(c) requires programs to recognize physical activity as important to learning and integrate intentional movement and physical activity into curricular activities and daily routines in ways that support health and learning. A program must provide a minimum of 30 minutes of physical activity for every three and a half hours that t the child participates in the program. The proposed regulation also states that, weather permitting, the activity should take place outside. While the proposed policy aligns with existing requirements to “integrate intentional movement and physical activity into curricular activities and daily routines” it goes a step further by setting a minimum baseline for the duration that such activity must take place. Programs that exceed this baseline would still be within compliance with these proposed requirements. For infants, physical activity may include a range of developmentally appropriate movements beyond prone positioning, such as supervised floor play and interactive movement. While “tummy time” is an important component of development, it is typically recommended in shorter intervals and does not represent the full scope of physical activity for infants. The proposed changes emphasize the importance of physical activity in young children's healthy development. Higher amounts of physical activity are associated with better indicators of bone health and reduced risk for excessive increases in weight in children 3 to 6 years of age. 1 Regular physical activity is crucial for physical, metabolic, and mental health, as well as for the proper development of the musculoskeletal system in children. 2 The proposed policy would ensure children receive a baseline amount of physical activity while attending Head Start programs. 1 Pate, R. R., Hillman, C. H., Janz, K. F., Katzmarzyk, P. T., Powell, K. E., Torres, A., & Whitt-Glover, M. C. (2019). Physical activity and health in children younger than 6 years: A systematic review. Medicine & Science in Sports & Exercise, 51(6), 1282-1291. https://doi.org/10.1249/MSS.0000000000001940. 2 Veldman, S. L. C., Chin A Paw, M. J. M., & Altenburg, T. M. (2021). Physical activity and prospective associations with indicators of health and development in children aged <5 years: A systematic review. International Journal of Behavioral Nutrition and Physical Activity, 18, Article 6. https://doi.org/10.1186/s12966-020-01072-w. Group Size and Ratio The proposed regulations for group size and ratio (§ 1301.05) would require Head Start programs to establish and publish both a maximum group size and a ratio of children to staff that is consistent with applicable state and local laws and Child Care and Development Fund regulations. The published group size and ratio must be in a location and format visible to parents. Research indicates that staff-child ratios in early care and education settings demonstrates that state child care licensing regulations provide adequate supervision to protect children's health and safety while supporting normal developmental progress. Research has found few, if any consistent or statistically significant associations between child-staff ratios (within the ranges permitted under state licensing standards) and children's cognitive, language, or social emotional outcomes. 3 Therefore, the proposed regulations would replace Federally mandated staff-to-child ratios and group-size limits with state-established minimum standards that programs have the flexibility to either follow or remain more stringent. 3 Perlman, M., Fletcher, B., Falenchuk, O., Brunsek, A., McMullen, E., & Shah, P. S. (2017). Child-staff ratios in early childhood education and care settings and child outcomes: A systematic review and meta-analysis. PLoS One, 12(1). Group size and ratio requirements are currently established only in regulation. The Performance Standards establish different group size and teacher-child ratio requirements for center-based Head Start Preschool (current § 1302.21(b)(3) and (b)(4)), center-based Early Head Start (current § 1302.21(b)(2)), and family child care (current § 1302.23(b)). Ratios and group sizes are currently differentiated within program option type depending on the age of children served. Because the Act does not prescribe specific group size or staff-to-child ratios, the proposed regulations would effectively rescind the current requirements in the Performance Standards, and Head Start programs would no longer be required to adhere to these requirements. Rather, they would be required to maintain a group size and a ratio of children to staff that is consistent with applicable state and local licensing laws and Child Care and Development Fund regulations. Currently, the Head Start ratio requirements are more restrictive than any state in the nation for three of the four categories of ratio requirements specified in the current performance standards, and in the remaining category, the ratio is more restrictive than every state other than Vermont and Massachusetts. Requirements are similarly more restrictive for group size, where the current Head Start regulations are more restrictive than every state in the nation for three of the four specified group size categories. The remaining category has a more stringent requirement for group size than every state other than Vermont. Thus, programs in all 50 states would be given the opportunity to serve more children if the program chose to do so, but programs would still have the right to remain at the current thresholds. Additionally, programs would be required to publish the group size and ratio in a location and format visible to parents. Collectively, these proposed changes would allow programs to defer to state licensing laws for group size and ratios. This proposed change allows programs to align with the state and local requirements on ratios and groups sizes that are best for their communities. Public posting of this information would support transparency for parents in their selection of the best early education arrangement for their child. HHS acknowledges that the current ratio and group size requirements were adopted to promote child safety, support effective supervision and teacher-child interactions, and foster high-quality early learning environments. HHS continues to recognize the importance of these objectives and the research supporting them. However, the specific numerical thresholds currently prescribed in the Performance Standards were established decades ago based on the research and policy considerations available at that time. Since then, state early childhood systems have evolved significantly, including through more robust licensing and oversight requirements. HHS has therefore reconsidered whether a single set of Federally prescribed ratio and group size thresholds is necessary to achieve these objectives in all program settings across the country. While HHS continues to recognize the benefits associated with smaller group sizes and lower staff-child ratios, HHS has determined that a single Federally mandated approach may unnecessarily limit program capacity and local flexibility. HHS notes that the current requirements are more restrictive than those applicable in nearly all state early childhood systems, and programs remain subject to applicable state and local requirements. This proposal is also consistent with prior efforts to simplify requirements and provide greater flexibility to programs. In ACF's 2015 NPRM and 2016 final rule on Head Start, HHS retained the existing ratio and group size thresholds while modifying related requirements to simplify implementation and increase flexibility. HHS believes this proposal continues that approach by allowing programs to make staffing and classroom organization decisions based on local needs and circumstances while maintaining responsibility for providing safe, high-quality services. Parent and Family Engagement in Education and Child Development Services Proposed § 1301.06(a) would require center-based and family child care programs to structure education and child development services to recognize parents' roles as children's primary teachers and nurturers. This proposed regulation aligns to current § 1302.34(a) and demonstrates ACF's commitment to supporting families and ensuring programs prioritize the role of parents in the delivery of their education services. The strong emphasis on engaging parents in the context of the proposed streamlined regulatory framework spotlights the important role parents play in their child's development and growth and the partnership that programs need to forge to honor parents' decision making in regards to their child's education. Next, proposed § 1301.06(b) would require programs to implement strategies to engage parents and family members in their children's learning and development and support parent-child relationships, including specific strategies for father engagement, and provide educational material and instruction that demonstrates healthy marriage as a positive good. Notably, the proposed regulations would add a new requirement to provide educational material and instruction that demonstrates the value of healthy marriage. This proposed change to current requirements reflects ACF's commitment to supporting strong families as the cornerstone of a healthy society. The Act authorizes and encourages programs to provide family support and family strengthening services, which can include activities that support healthy relationships and marriage. Under the Act, Head Start programs must provide family and community partnership services designed to support parents in improving family well-being and achieving family goals (Sec. 642(b)). The Act permits programs to offer services that support family stability, including activities related to relationship-building and father involvement. This includes education on marriage and healthy relationships. The Act also emphasizes responsible father engagement and family strengthening as part of comprehensive services to families (Sec. 641(d)(2)(J)(vii)). In summary, this NPRM promotes healthy marriage as a positive good and emphasizes the critical role of fathers. Under the proposed regulation, Head Start programs would be required to implement strategies to engage parents and family members in their children's learning and development and support parent child relationships, including specific strategies for father engagement, and have increased flexibility to so do. Additionally, if finalized, Head Start programs would newly be required to provide educational material and instruction that demonstrates healthy marriage as a positive good. These proposed changes would empower parents as their children's primary decision-makers and help to show how healthy married households often have better economic and social outcomes for children and adults. Determining Program Structure The proposed regulations remove existing limiting regulations regarding program options. As such, given that center-based, family day care (family child care), home-based services and locally-designed program options are outlined or defined in the Act programs will continue to be able to operate under these models with greater flexibility due to the removal of specific regulatory requirements. The conversion process from Head Start Preschool to Early Head Start is not impacted as the statutory authority for conversion is maintained in the Act (Sec. 645(a)(5)(A)). Center-Based Service Duration Under the proposed regulations, the Performance Standards would no longer require programs to adhere to current center-based, Head Start Preschool service duration requirements (current § 1302.21(c)(2)). Instead, programs are still required to abide by the Act which sets a floor whereby the Secretary must allow such programs to align with the hours of service in regulation in 1994, as long as programs do not provide less than 3 hours of service per day and do not reduce the number of service days per week or per year required in 1994 (Sec. 640(k)(1)). When the current service duration requirements were finalized in 2016, ACF recognized that research generally supported the value of longer early education services for children, while also acknowledging that the evidence did not identify a clear threshold or specific combination of hours and days necessary to achieve positive child outcomes. Upon further consideration, ACF believes that prescribing a minimum annual number of service hours is not the most appropriate means of promoting positive outcomes for children. ACF believes that grant recipients, in partnership with their Policy Councils, are better positioned to determine service schedules that reflect the needs of their communities and families. Removing the service duration requirements as proposed in this NPRM will provide greater flexibility to design program schedules that reflect local family and community needs. To the extent that programs choose to reduce duration, ACF acknowledges that families may need to secure alternative child care arrangements, which could impose additional financial costs or lost work time for families. However, programs will also have the flexibility to develop operational hours that align with the needs of parents' work schedules, including maintaining their current hours of operation if desired. Specifically, if the proposed regulations are finalized, the center-based, Head Start service duration requirements from 1994 would remain in place and stipulate that center-based preschool programs that operate four days per week must provide at least 128 days per year of planned class operations. Under the 1994 requirements, Center-based preschool programs that operate five days per week must provide at least 160 days per year of planned class operations. Those programs implementing a combination of four and five days per week must plan to operate between 128 and 160 days per year. All center-based preschool programs must provide a minimum of 32 weeks of scheduled days of class operations over an eight- or nine-month period. Every effort should be made to schedule makeup classes using existing resources if planned class days fall below the number required per year. With respect to center-based EHS service duration, the proposed regulations would return to the requirements found in the Act, which specifies that EHS programs must provide “continuous” comprehensive child development and family support services (Sec. 645A(b)(1)). Even prior to the establishment of 1,380 hours policy in regulation in 2016, ACF has long interpreted this statutory requirement to mean the provision of full-day, year-round services for infants and toddlers in EHS programs. This interpretation better supports working parents, children, and families as a whole, aligning with Head Start's core mission of fostering healthy child development, strengthening the family unit and helping families rise out of poverty into sustained economic self-sufficiency. Under these proposed regulations, recipients would still have to comply with the requirement for continuous EHS service duration and any other applicable state and local requirements. Center-Based Licensing and Facility Square Footage Under the proposed regulations, the Performance Standards would no longer establish Head Start specific square footage and space arrangement requirements (see current § 1302.21(d)(2) and (3)). These requirements are not specified in the Act. Therefore, these changes, if finalized, would reduce administrative burden and increase program flexibility to determine whether and how to continue these practices. Recipients are reminded that they still will be required to comply with all applicable state and local requirements, including continuing any of these practices if mandated by state or local law or regulations. Home-Based Option With the exception of the proposed regulation at § 1301.05(a) already discussed previously, the proposed regulations remove regulatory requirements with respect to how to conduct the home-based program option as currently described in § 1302.22. As in other areas of the proposed regulations, this represents ACF's commitment to reducing regulatory burden and returning control to local programs. Under the proposed rules, hyper specific requirements regarding home visitor caseloads (current § 1302.22(b)), service duration (current § 1302.22(c)), and make-up requirements (current § 1302.22 (c)(3)) would be removed and those determinations will instead be made by local and state decisionmakers. Furthermore, the proposed rule removes all of the Federal regulations found at § 1302.35 regarding home—based program design, instructional activities for home visits, curriculum, staff support, adapting curriculum, and group socialization structure. As the Act does not specify these requirements, the removal of these regulations would give programs greater flexibility in implementation. Family Child Care Option With the exception of the proposed regulation at § 1301.05(a) already discussed previously, the proposed regulations remove other requirements regarding the family child care program option as currently described in § 1302.23. The Act does recognize and define the program option “Head Start family day care” as “Head Start services provided in a private residence other than the residence of the child receiving such services” (Sec. 637). Therefore, Head Start recipients would still be authorized to provide services through the family child care program option; this is not a change from current policy. Under the proposed rule family child care homes would still be required to accommodate children and families with disabilities (proposed § 1301.10 and current § 1302.23(a)(2)), as required by applicable Federal and state statutes and regulations regarding providing services for children with disabilities. Additionally, under the proposed rule, programs operating the family child care option would not be required to adhere to service duration requirements that specify a minimum of at least 1,380 hours of operations per year (current § 1302.23(c)) or have a child development specialist (current § 1302.23(e)). The requirement for 1,380 hours of service duration for family child care was added to the Performance Standards through a 2016 final rule. That final rule noted that, prior to this requirement being developed, nearly all Head Start family child care providers already provided longer service duration to families. Therefore, ACF believes that this regulation is unnecessary, as it is clear that family child care providers adapt well to the needs of working families without an overly prescriptive regulatory requirement. This NPRM will provide family child care programs the flexibility they need to design schedules that reflect local family and community needs, and ACF anticipates that many will choose to continue to offer longer hours of operation. If programs do choose to reduce duration, ACF acknowledges that families may need to secure alternative child care arrangements or may miss work time. However, programs will have the flexibility to develop operational hours that align with the needs of parents' work schedules, including maintaining their current hours of operation if desired. Overall, the proposed removal of regulatory requirements under the family child care option aligns with ACF's efforts to reduce prescriptive Federal oversight on local programs and provide more autonomy to local programs to operate as they see fit, within the bounds of Federal and state statutes. Locally-Designed Program Option Variations The proposed regulations under § 1301.18(c) related to locally-designed program option variations are discussed in greater detail in the section of this preamble titled, Program Flexibility. Curricula The proposed regulations do not restate curricula expectations which are currently specified under § 1302.32, as the Act maintains that each Head Start agency must implement a standardized, research-based early childhood curriculum that promotes school readiness in language, literacy, mathematics, science, cognitive, social and emotional development, and physical development, and that is aligned with ongoing assessment, learning goals, and the Head Start Birth to 5 Early Learning Outcomes Framework (Sec. 642(f)(3)). Therefore under these proposed rules, programs would only be required to comply with the applicable curricula requirements as detailed in the Act. Child Screenings and Assessments This NPRM proposes to rescind current § 1302.33 Child screenings and assessments to remove duplication with the Act, reduce administrative burden, and restore more flexibility to local Head Start agencies to make decisions on how best to implement screening and assessment practices in their programs. The Act requires that programs use research-based assessment methods to support the educational instruction and school readiness of children in the program (Sec. 642(f)(5)). The Act includes further specification that assessment methods should be developmentally appropriate, consistent with nationally recognized professional standards, administered by staff with appropriate training for such administration, and high-quality research-based measures (see Sec. 641A(b)(2)). In addition, the Act requires programs to use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, and aligned to the Head Start Early Learning Outcomes Framework (Sec. 642(f)(6)). In addition, some requirements related to the referral and support of children who may be or are eligible for services under IDEA still apply (see Services for Children with Disabilities for more details). Based on the requirements included in the Act, under the proposed regulations programs will continue to be required to conduct screenings and assessments for enrolled children. In summary, under the proposed regulation programs would continue to be responsible for conducting screenings and assessments but will have additional flexibility in how these are implemented as long as they continue to meet the requirements specified in the Act. Parent and Family Engagement in Education and Child Development Services The proposed regulation in § 1301.6 would substantially reduce the hyper specificity currently required of programs with respect to parent and family engagement in education and child development services currently found at § 1302.34. This proposed change grants programs the flexibility to engage parents and families in ways that are best suited to individual needs and seeks to strike an appropriate balance between reducing regulatory burden on programs, while still recognizing the critical role of parents as children's first and lifelong educators and nurturers. Programs will still be required to comply with relevant provisions of the Act. These include the statutory requirement that parents participate in the governance of Head Start programs, including through policy councils responsible for program direction (Sec. 642(c) and (d)), and are involved in the development, conduct, and overall program direction at the local level (Sec. 642(b)). Accordingly, while the proposed rule would remove hyper specific regulations (such as the group size requirement that the number of family members to staff that conduct the family partnership process and work on family, health and community engagement is no more than 40:1(current § 1305.52(d)(2))), core statutory requirements concerning parent involvement and governance under the Act will remain, but with much greater discretion and control on the part of local programs to implement the requirements as they and the families they serve see fit. Health and Nutrition The proposed regulatory changes related to Child Health and Nutrition reflect ACF's commitment to supporting the healthy development and nutrition of children served in Head Start programs. The proposed regulations address Child Nutrition (§ 1301.07) and Family Support Services for Health and Nutrition (§ 1301.08). The proposed regulations would require programs to have staff or consultants to support nutrition services, in alignment with current § 1302.91(e)(8)(iii), that promote development and learning and ensure that infants are held during bottle feeding. The proposed changes in this NPRM will would require programs to serve nutrient-dense, whole foods consistent with a healthy and nutritious diet, aligned to the program requirements of the Child and Adult Food Care Program (CACFP) or, where applicable, provide an opportunity for infants to be served breastmilk during the day. Similar to all sections of this NPRM, ACF requests public comment on the proposed changes, including whether any additional, and if so, what, supports programs may require to implement the proposed changes. In addition, programs would need to collaborate with parents to promote children's health and well-being through nutrition and physical activity support services. Under the proposed regulations, this collaboration would include discussions regarding: the child's nutritional status; the importance of physical activity and healthy eating; the negative health consequences of sugar-sweetened beverages and grain-based desserts; and selecting and preparing nutritious foods within family budgets. This proposed regulation retains the core principles of Head Start to engage families and provide for the health, nutrition and well-being of children and families. Prescriptive requirements pertaining to nutrition are proposed in contrast to the otherwise de-regulatory approach of this NPRM to highlight the importance associated with healthy eating. Other nutrition-related provisions affecting the learning environment and program goals are addressed elsewhere in this preamble (see §§ 1301.04 and 1301.13). The Act contains additional requirements that programs will continue to be required to comply with under the proposed regulations. The Act requires all recipients to establish goals and measurable objectives for health and nutritional services (Sec. 642(f)(9)). Statute requires programs to conduct screenings (Sec. 642(f)(6)); so , while the proposed regulations would no longer specify that programs must conduct hearing and vision screenings, this requirement will still apply due to statutory requirements. However, programs would have more flexibility on timeline and process for ensuring screenings are completed. Early Head Start programs must coordinate with other state and local entities to ensure a comprehensive array of services, including health and mental health services (Sec. 645A(b)(5)). In addition, Section 657A of the Act outlines requirements for parental consent for nonemergency intrusive physical examinations. ACF recognizes that USDA's CACFP is an important source of Federal funding to support access to nutritious foods in Head Start programs. Programs must continue to use USDA as a funding source for meals and snacks and programs must comply with applicable regulations regarding nutrition and food safety. While the Act establishes high-level requirements for these services, the proposed removal of multiple prescriptive requirements, including requirements to maintain a Health and Mental Health Services Advisory Committee, to obtain advance authorization for health, mental health, and developmental procedures, to have monthly mental health consultation, to assist children with daily teeth brushing, to conduct health determinations, to assist families in navigating health systems, and to facilitate access to health care and insurance, would provide recipients more flexibility to design and implement health, nutrition, and mental health services that best meet their communities' needs. Many mental Health regulations were introduced in a 2024 final rule to reinforce that mental health should be integrated into all aspects of the Head Start program, but upon further consideration, ACF believes these requirements were overly prescriptive and limit programs' ability to tailor services to the needs of their communities. Safety and Transportation Practices Licensing This NPRM proposes to streamline safety and transportation requirements in the Performance Standards by removing regulations that duplicate state and local requirements. In proposed § 1301.09(a), programs would be required to be licensed by the state, tribal, or local entity and comply with all Federal and State statutes, and regulations regarding safety and transportation practices for children. If exempt, programs must meet CCDF basic health and safety requirements. While some states narrowly define “licensing exempt”, for the purposes of this proposed rule, ACF considers all programs that are not required by the state to be licensed “exempt”, including school-based and tribal programs that do not have an applicable licensing mechanism. Based on administrative data on service locations and licensing, ACF estimates that approximately 26 percent of Head Start service locations are not licensed under state child care licensing requirements. These locations commonly include programs that are license-exempt, operating under public school or local education agency authority; home-based or other non-center-based service models; and sites licensed, permitted, or overseen through another authority or partner rather than through the state child care licensing process. Smaller shares reflect sites that are closed or not yet operational, and locations in the process of obtaining or renewing licensure. Preventing Lead Exposure In proposed § 1301.09(b), programs would be required to prevent children from being exposed to lead in the water and paint of Head Start facilities. Research has indicated there are higher than acceptable rates of lead in the water of child care facilities, 4 and exposure to any amount of lead in early childhood is particularly detrimental for development. 5 This proposed requirement is not new for programs; it would replace current § 1302.47(b)(9), while giving programs and states greater flexibility on the specific pathways to prevent children from being exposed to lead. 4 Triantafyllidou, S., Gallagher, D., & Edwards, M. (2020). Assessing risk and mitigation options for lead in drinking water in U.S. child care facilities. Environmental Research, 181, 108907; Redmon, J. H., et al. (2022). Lead levels in tap water at licensed North Carolina child care facilities, 2020-2021. 5 Centers for Disease Control and Prevention (CDC). (2024). Lead exposure and health effects in children; Wehby, G. L. (2025). Early-life low lead levels and academic achievement in childhood and adolescence.; Lanphear, B. P., Hornung, R., Khoury, J., et al. (2005). Low-level environmental lead exposure and children's intellectual function: An international pooled analysis. Reducing Duplication With State and Local Systems While the proposed rule would remove Federal requirements currently found in § 1302.47 (safety practices) and §§ 1303.70-1303.75 (transportation) because they are duplicative with state and local requirements. The Act requires programs to collaborate on the shared use of transportation and facilities with the Local Education Agency, in appropriate cases (Sec. (642(e)(4)(A)). Under the proposed rule, programs continue to be required to meet all applicable state and local licensing and regulatory requirements pertaining to safety and transportation. These requirements include, but are not limited to, state transportation laws and vehicle safety standards, local building and fire codes, state child abuse and neglect reporting laws, state and local emergency preparedness requirements, and state requirements for use of child safety restraints in moving vehicles. Licensing exempt and programs that are not required to be licensed such as school-based or Tribal programs must meet CCDF's basic health and safety requirements. These include but are not limited to core safety requirements such as building safety, child protection and emergency preparedness. This proposal would return primary licensing and regulatory authority to states and eliminate regulations where Federal duplication of state and local standards exists. While the proposed rule would remove overly specific and detailed Federal requirements for transportation services in current Part 1303 Subpart F, such as the requirement to have at least one bus monitor while transporting children, programs would remain permitted and encouraged to offer transportation services under the proposed rule. The proposed rule would also remove overly prescriptive safety requirements related to facilities, equipment and materials, safety training, hygiene practices, administrative safety procedures, and disaster preparedness in current § 1302.47. Programs must continue to meet applicable state and local licensing and other regulatory standards including USDA food safety standards. Programs may voluntarily continue any practices from the current Performance Standards that support child safety, even if not required by state or local regulation, and programs retain discretion to implement safety practices that exceed minimum state and local requirements. Head Start programs will remain accountable for ensuring the safety of enrolled children. The Act requires the Secretary to monitor programs (Sec. 641A(c)), and HHS retains authority to issue deficiencies when monitoring reveals a systemic or substantial material failure that poses a threat to the health or safety of children or staff (Sec. 637(2)(A)(i)). Services for Children With Disabilities The proposed § 1301.10 “Services for children with disabilities” would require programs to comply with all applicable Federal and state statutes and regulations regarding providing services for children with disabilities. This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute. Additionally, the Act has multiple requirements that pertain to services with children with disabilities that will still apply to programs. The Act requires Head Start programs to establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under IDEA and collaborate with that agency (Sec. 642(b)(14)). It also requires that programs establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services (Sec. 642(b)(15)). The Act also requires Head Start agencies to coordinate with the local education agency and programs offering services under Part C of IDEA and Early Head Start programs must ensure formal linkages with providers of early intervention services for infants and toddlers with disabilities (Sec. 642(e)(3)). Lastly, the Act specifies that programs must work with schools to support children's entry into Kindergarten and to facilitate and seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children—these requirements are not specific to children with disabilities but apply to them and all other children enrolled in the program (Sec. 642)(b)). Furthermore, the Act requires the Secretary to establish policies and procedures that will ensure recipients provide early support services (educational and behavioral) to children who may have disabilities, before a formal IDEA eligibility determination is made and promptly refer children to the appropriate state or local IDEA agency and collaborate to coordinate services for children with special needs (Sec. 640(d)). While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met. Under proposed § 1301.10 programs would continue to be held to all Federal and state requirements to support children with disabilities and the core requirements of those services do not change under the proposed regulations. That said, the proposed changes would provide programs with additional flexibility to carry out these requirements. For example, the Act requires programs to help parents become full partners in the education of their children and create linkages to other agencies, the program will have flexibility with these proposed changes to do that in a way that best meets the needs of enrolled families as long as they are compliant with all other state and Federal laws and regulations. Family Engagement and Program Transitions Family Engagement The proposed rule includes requirements for family engagement as they pertain to education services (proposed § 1301.06) and health and nutrition (proposed § 1301.08). These proposed regulations are discussed in more detail in Education and the Learning Environment and Health and Nutrition, respectively. In addition, this NPRM proposes to rescind current 1302 Subpart E—Family and Community Engagement Program Services to reduce duplication with the Act and increase program flexibility. The Act establishes as a central obligation for Head Start agencies that they actively involve families and members of the community in the life of the program. To meet this requirement, Head Start programs must actively engage parents and community members as meaningful partners in shaping and carrying out the program, ensuring they have a direct role in decisions and program design (Sec. 642(b)(1-2)). Programs are expected to establish strong, accessible processes that support parents as full participants in their children's education, including offering transportation when appropriate (Sec. 642(b)(3)). They must provide family-focused supports such as literacy services, parenting education, and substance abuse counseling, and conduct individualized family needs assessments in clear, understandable language. Programs are also required to conduct community outreach to attract new volunteers, ensure information is accessible to offer family literacy services and parenting skills training families (Sec. 642(b)(4-5)). The Act also requires programs to provide a family needs assessment (Sec. 642(b)(7)) and support to help parents secure assistance from public and private sources (Sec. 642(b)(12)). Per the Act, Head Start agencies may also provide additional supports to parents, including training in basic child development, assistance in developing literacy and communication skills, opportunities for parents to share experiences with other parents, health services information, including maternal depression, regular in-home visitation, and other activities designed to help parents become full partners in their children's education (Sec. 642(b)(6)). Under this NPRM many of the requirements in current 1302 Subpart E would still apply either through the proposed regulations or because they are required by the Act as summarized above. Other hyper specific requirements are proposed for removal and would no longer be Federal Head Start requirements which would increase program flexibility to better meet the needs specific to the families that are being served. While the Act requires family needs assessments (Sec. 642(b)(7)) the specific requirements in current regulation would no longer apply (current § 1302.52) and programs would have flexibility to implement family needs assessments in ways that best meet the needs of their community. Overall, these changes seek to reduce duplication between program regulations and the Act and increase program flexibility. Community Engagement This NPRM proposes to rescind current 1302 Subpart E—Family and Community Engagement Program Services to reduce duplication with the Act and increase program flexibility. The Act requires Head Start programs to actively collaborate and coordinate with public and private organizations in its community to improve the availability and quality of services for children and families (see Sec. 642(e)). This means working closely with the local schools, which children will attend after Head Start, school districts, businesses, community-based and faith-based organizations, museums, and libraries to build community support and strengthen school readiness efforts. In communities where both Head Start and public prekindergarten programs operate, the agencies must coordinate their activities. This includes working together to identify eligible children and align services. Head Start agencies must also coordinate with a range of other programs that serve young children and families, such as child care assistance programs, child welfare and foster care services, programs serving children experiencing homelessness, family literacy initiatives, and early intervention and special education services. In addition, per the Act, Head Start programs must take steps to work with local educational agencies and schools to share transportation and facilities when appropriate, reduce duplication of services, improve efficiency, expand access for underserved children, and exchange information about noneducational services such as health and social supports (see Sec. 642(e)). Finally, the Act requires Head Start agencies to enter into a written memorandum of understanding with the local entities responsible for managing publicly funded preschool programs in their service area, if one exists (see Sec. 642(e)). While this NPRM proposes to rescind the regulations on Community Engagement (current § 1302.53), the majority of these requirements would continue to apply through the requirements specified in the Act, including coordinating and collaborating with public and private entities ( e.g., schools, other early childhood programs, health, mental health, child welfare) to improve the availability and quality of services to Head Start children and families (Sec. 642(e)). In proposing to rescind the regulations at current § 1302.53, this NPRM removes prescriptive guidance for how programs should operationalize their coordination and collaboration, including that programs should participate in state Quality Rating and Improvement Systems (QRIS). With respect to QRIS specifically, while there is some evidence that participation in QRIS leads to increases in quality ratings particularly based on indicators or structural quality. 6 Other academic research 7 8 has generally found weak or inconsistent association between QRIS ratings and children's developmental outcomes. Overall, there is not clear evidence that the QRIS infrastructure and strategies developed by states have had a meaningful impact on driving quality that produces child outcomes. Under the proposed regulations, programs would retain the flexibility to participate in their State or local QRIS and share relevant data with state systems, as long as doing so does not violate any state or Federal statutes or regulations, but the regulations would no longer tell programs they should participate. These proposed changes to regulations on Community Engagement greatly reduce duplication between the regulations and the Act and restore needed flexibility to programs to make determinations on how to coordinate with state partners and systems. 6 Gomez, C. J., Whitaker, A. A., & Cannon, J. S. (2023). Do early care and education programs improve when enrolled in quality rating and improvement systems? Longitudinal evidence from one system. Early Education and Development, 34 (5), 1236-1253. https://doi.org/10.1080/10409289.2022.2105624. 7 Markowitz, A. J., Bassok, D., & Player, D. (2020). Simplifying quality rating systems in early childhood education. Children and Youth Services Review, 112, 104947. https://doi.org/10.1016/j.childyouth.2020.104947. 8 Hong, S. L. S., Howes, C., Marcella, J., Zucker, E., & Huang, Y. (2015). Quality rating and improvement systems: Validation of a local implementation in LA County and children's school-readiness. Early Childhood Research Quarterly, 30 (Part B), 227-240. https://doi.org/10.1016/j.ecresq.2014.05.001. Program Transition Supports This NPRM proposes to rescind current 1302 Subpart G—Transition Services from the Performance Standards and does not propose new regulations on the topic of transition services. However, the Act includes several requirements for supporting families in transitions that will still apply to programs that ACF will hold programs accountable to through monitoring. The Act directs Head Start agencies to take specific actions to promote continuity of services and effective movement of children from Head Start into elementary school settings (see Sec. 642A). Each Head Start agency must take steps to enable children to maintain the developmental and educational gains achieved in Head Start and to build upon those gains in further schooling by coordinating with the local educational agency. Agencies are required to establish ongoing communication channels between Head Start staff and their counterparts in the schools and promote the continued involvement of parents in their children's education as children transition to elementary school. Agencies must help prepare parents to be involved with schools, school personnel, and school-related organizations. The Act also requires programs to coordinate and collaborate with other entities providing early childhood education (Sec. 642(e)(3)). This collaboration should, among other things, be used to support the transition of children between early childhood programs; however, the Act does not specify requirements of what this process looks like, which gives programs the opportunity to choose how best to structure these transition practices. In addition, section 645A requires Early Head Start programs to develop and implement a systematic procedure for transitioning children and parents from an Early Head Start program to a Head Start program or other local early childhood education and development program. In summary, this NPRM proposes to remove regulations on transition services that are largely duplicative of requirements outlined in the Act. The Act includes specific, detailed requirements about supporting families transitioning to kindergarten. The requirements in the Act regarding supporting children transitioning from Early Head Start to Head Start and from Head Start to other early childhood programs are less restrictive than the requirements in the current regulations which give programs more flexibility and reduces administrative burden. Services for Pregnant Women This NPRM proposes to streamline requirements for providing services to pregnant women to reduce administrative burden, while still ensuring programs provide important support to pregnant and postpartum women. Under the proposed § 1301.11, programs would continue to be required to provide newborn visits and offer comprehensive supports through referrals that at a minimum includes nutritional counseling and food assistance. In addition, the proposed rule maintains the current requirement to provide postpartum information, education, and services that address, as appropriate, fetal development, the importance of nutrition in the prenatal and postpartum stage including breastfeeding, the risk of alcohol, drugs, and smoking, and the benefits of substance use treatment, labor and delivery, postpartum recovery, and infant care and safe sleep practices. The Act requires recipients to provide for family involvement, including conducting an individualized needs assessment for each participating family (see Sec. 642(b)). This is inclusive of enrolled pregnant women so under the proposed regulation, this requirement will still apply. While the proposed removal of current § 1302.82 removes some specific Federal requirements around this process for pregnant women, the overarching requirements from the Act will remain. For example, while newborn visits will continue to be required, the NPRM proposes to no longer require programs to schedule the newborn visit within two weeks of birth. This proposed change provides much needed flexibility to programs to determine when to schedule the newborn visit with families. The NPRM proposes to remove requirements to reduce administrative burden, including the requirement that programs conduct health care determinations and facilitate access to health insurance for pregnant women, to provide services that help reduce barriers to healthy maternal and birthing outcomes, and to track all services provided to enrolled pregnant women. Several of these requirements were introduced in a 2024 final rule in an effort to address maternal health-related challenges and infant health needs during the early postpartum period. Upon further consideration, ACF no longer believes that Federally prescribed requirements regarding services to enrolled pregnant women are necessary to achieve the goals of the Early Head Start program and impose administrative burdens on grant recipients. While these requirements are proposed to be removed, if finalized, programs would not be prevented from providing currently specified services to pregnant women, but would no longer be required to do so by Federal regulations. This proposed rule also removes a requirement in current § 1302.80(f) that programs provide services that help reduce barriers to healthy maternal and birthing outcomes for each family, including services that address disparities across racial and ethnic group in alignment with E.O. 14151 Ending Radical And Wasteful Government DEI Programs And Preferencing. The proposed removal of this requirement is responsive to feedback from programs after the release of the 2024 final rule that addressing disparities in birth outcomes is beyond the scope of what programs can reasonably be expected to do. Management Systems and Administrative Costs The proposed regulatory changes on Management Systems and Administrative Costs reflect ACF's commitment to fiscal stewardship, federalism, and regulatory streamlining. Consistent with the principles of restoring authority to state and local programs and reducing unnecessary regulatory burden, these proposed regulations address Personnel and Records Policies (proposed § 1301.12), Program Goals, Continuous Improvement and Reporting (proposed § 1301.13), and Limitations on Administrative Costs (proposed § 1301.14). Personnel and Records Policies The proposed regulation at § 1302.12(a) on personnel policies would continue to require programs to comply with all Federal and state statutes and regulations regarding staff, contractor, and volunteer background checks, including work authorization, staff standards of conduct, and other affiliated human resource requirements. In proposed § 1302.12(b) programs would be required to establish policies, protections, and rights equivalent to those in FERPA, 20 U.S.C. 1232g, for the confidentiality of any personally identifiable information (PII) in child records. Finally the proposed regulation also introduces a new requirement in § 1301.12(c) related to staff hiring considerations. Under this provision, programs may not require or incentivize the attainment of postsecondary education credits, hours, or credentials unless they can demonstrate that such educational attainment is necessary for the position based on specified skills that can only be acquired through a particular postsecondary education pathway. Programs must also provide explicit alternatives for demonstrating required skills, including assessments, industry-recognized credentials, or relevant work experience, rather than relying solely on postsecondary educational attainment. This requirement is intended to promote skills-based hiring practices, expand access to employment opportunities for individuals without traditional postsecondary credentials, and help ensure that education requirements are directly tied to the competencies needed to perform the job. The proposed changes streamline requirements currently found in 1302 Subpart I—Human Resources Management by eliminating prescriptive regulations not mandated by statute ( e.g., staffing requirements for dual language learners and volunteer requirements) and removing duplicative requirements found in the Act and other regulations ( e.g., establishing personnel policies and standards of conduct). Programs will still be required to comply with the Act and all other applicable Federal and state statutes. In addition to retaining these statutory protections, the proposed revisions remove certain regulatory provisions that exceed or duplicate those requirements, as described below. This NPRM does not address the removal from the Performance Standards of all the wages and benefits requirements in current § 1302.90(e) and (f) because they have been proposed for removal by ACF in a separate NPRM, Restoring Flexibility to Support Head Start Program Access, which was published in the Federal Register for a 30-day public comment period on May 12, 2026. ACF is considering public comments on the proposed rescission of the wages and benefits requirements from that NPRM and will address them in a final rule. Child Safety and Background Checks The proposed regulations remove restrictive Federal process mandates and provide programs greater flexibility in developing personnel policies and standards of conduct that reflect local community needs. However, statutory requirements related to staff accountability and background checks will remain in effect. As described in the Act, programs must adopt rules that ensure full staff accountability in matters governed by law, regulation, or agency policy (Sec. 644(a)(1)). Programs must also continue to conduct interviews, verify references, and obtain required State, tribal, or Federal criminal record checks before hiring staff (Sec. 648A(g)). In addition, programs remain subject to applicable state requirements aligned with the Child Care and Development Block Grant Act of 2014, including criminal background check requirements for all child care staff members. The proposed revisions would eliminate existing prescriptive regulatory requirements, including those related to performing background checks. Many of these regulatory requirements related to background checks, such as requiring programs to conduct subsequent background checks every five years following the initial background check, were introduced in a 2016 final rule to highlight the importance of protecting child safety and to complement the background check requirements in the Child Care and Development Block Grant Act of 2014. Although ACF continues to regard child safety as a paramount responsibility, upon further consideration, these highly prescriptive Federal requirements impose unnecessary administrative burden on grant recipients, create duplicative screening requirements, and reduce local flexibility in personnel practices. However, programs would continue to be required to comply with all other applicable Federal, State, Tribal, and local laws governing criminal background screening. Staff Qualifications and Professional Development Under the proposed regulations, the Performance Standards would no longer contain any specific requirements for staff qualifications and professional development beyond those expressly required by statute. The Act requires programs to meet qualification requirements for specified staff positions, including those for education managers, education coordinators, mentor teachers, curriculum specialists, Head Start Preschool center-based teachers and assistant teachers, and Early Head Start center-based teachers (see Sec. 648A(a) and 645A(h)). All other staff qualification requirements that expand beyond statutory language currently found at § 1302.91 ( e.g., Head Start director, Family Child Care provider, coaches, family service staff, and health professional qualification requirements) would be removed under the proposed regulations. In a 2016 final rule, ACF introduced several additional staff qualification requirements beyond those expressly required by statute, in an effort to increase staff quality. However, at the time, ACF acknowledged that the available research did not support the need for specific degree requirements for certain positions. In general, education requirements of classroom staff are not strongly related to quality or child outcomes; research finds that increased qualifications do not consistently correlate to better child outcomes. 9 There is not significant or meaningful research on educational requirements of other staff roles and their relationship to quality or child outcomes. Upon further consideration, ACF believes that these non-statutory qualification requirements unnecessarily restrict grant recipients' ability to recruit and retain qualified staff and may limit programs' ability to respond to local workforce conditions and community needs. ACF now believes that, for positions not subject to qualification requirements in statute, grant recipients are better positioned to determine the combination of education, training, experience, competencies, and other qualifications necessary for effective service delivery. Removing these requirements will reduce barriers to hiring, expand the pool of qualified candidates, and provide important flexibilities for programs to determine the needed qualifications for staff positions and return qualifications to what Congress authorized in the Act. 9 Yang, X., Abdul Rahman, M.N., & Sun, Y. (2025). The impact of teachers' qualifications on development outcomes in early childhood: a systematic literature review. International Journal of Early Years Education, 33 (2), 426-445. https://doi.org/10.1080/09669760.2025.2451301. Programs must continue to meet statutory requirements related to professional development for staff. This includes creating and regularly evaluating professional development plans for all full-time Head Start employees who provide direct services to children (Sec. 648A(f)). Programs must also continue to ensure each classroom teacher completes at least 15 clock hours of professional development annually (Sec. 648A(a)(5)). The Act continues to require Mentor Teachers (648A(b)) which align to coaching requirements. Programs also remain required under statute to establish plans to assist limited English proficient children in making progress toward English language acquisition and toward attaining the knowledge, skills, abilities, and development described in section 641A(a)(1)(B) (Sec. 641(d)(K)). In alignment with E.O. 14151 Ending Radical And Wasteful Government DEI Programs And Preferencing, the proposed revisions also eliminate prescriptive regulatory requirements that require staff, consultants, or contractors demonstrate familiarity with the ethnic backgrounds and heritages of families served; and require at least one classroom staff member or home visitor to speak the non-English language spoken by a majority of children in a class or program. Confidentiality and Records Protections Under the proposed regulation, current 1303 Subpart C—Protections for the Privacy of Child Records would be replaced with proposed § 1301.12(b), which would require that a program establish policies, protections, and rights equivalent to those in FERPA, 20 U.S.C. 1232g, for the confidentiality of any personally identifiable information (PII) in child records. This will give programs the flexibility to establish their own policies and procedures provided that they are equivalent to FERPA. Furthermore, the Act requires programs to protect personally identifiable information in child records through policies, protections, and rights equivalent to those provided to parents under the Family Educational Rights and Privacy Act (FERPA) (Sec. 641A(b)(4)(A)). Accordingly, under the proposed regulation, programs would be afforded flexibility to establish their own confidentiality policies and procedures, provided those policies are equivalent to FERPA. Programs must also continue to comply with confidentiality provisions under Part B or Part C of IDEA to protect personally identifiable information in records of children who are referred to, or found eligible for, services under IDEA. Staff Health and Wellness The proposed revisions remove prescriptive regulatory requirements concerning staff health and wellness that are not expressly required by statute. Requirements proposed for removal include staff breaks, staff health exams, and provision of mental health information to staff; programs will now have increased flexibility in these areas. In addition to the Act requirements, programs remain required to comply with the Americans with Disabilities Act, section 504 of the Rehabilitation Act, and all other applicable Federal, state, and local laws and regulations related to staff health and wellness. Program Goals, Continuous Improvement, and Reporting The proposed regulations on program goals, continuous improvement, and reporting (§ 1301.13) promote child safety and the delivery of effective, high-quality program services. The proposed regulations would continue to require programs to establish goals and measurable outcomes, including provision of evidence-based education, health, nutritional, and family engagement services to further promote the school readiness of enrolled children. The proposed regulations specify that educational services must be evidence-based, reflecting the importance of using proven practices to improve child outcomes. Programs will continue to be required to conduct a self-assessment of their progress towards meeting such goals and submit the findings to ACF (as required by current § 1302.102). In addition, the proposed regulation would continue requiring programs to report any incident regarding circumstances affecting the financial viability of the program, breaches of personally identifiable information, or program involvement in legal proceedings, or any matter for which notification or a report to State, Tribal, or local authorities is required by applicable law. The proposed regulations maintain the requirement to submit to HHS any significant incident that affects the health and safety of a child that occurs in the setting where head start services are provided immediately, but no later than, seven calendar days following the incident. The proposed changes would streamline requirements currently found in 1302 Subpart J—Program Management and Quality Improvement by removing duplicative requirements found in the Act and other regulations. Although these requirements are not explicitly restated in the proposed regulation, programs are required to comply with the Act and all other applicable Federal and state statutes. The statutory and other legal requirements summarized below will continue to apply. Consistent with the Act, programs are required to establish school readiness goals that are aligned with the Head Start Child Outcomes Framework: Ages Birth to Five, state and tribal early learning standards, as appropriate, and the requirements and expectations of the schools Head Start children will attend (Sec. 641A(g)(2)(A)). Programs will also still be required to establish and implement a system of ongoing oversight to ensure the effective implementation of the Performance Standards, including child safety, and compliance with other applicable Federal regulations (Sec. 641A(g)(3)). In addition, programs will still be required to annually publish and disseminate a report in accordance with section 644(a)(2) of the Act. If applicable, programs must submit a quality improvement plan as required under section 641A(e)(2) of the Act. Programs will remain subject to statutory requirements governing services for children with disabilities and must provide services through collaboration with IDEA, as described in sections 640(d) and 642(b)(14)-(15) of the Act, consistent with section 504 of the Rehabilitation Act and the Americans with Disabilities Act (Sec. 640(d)(2)). In addition, programs will still comply with applicable provisions of the OMB Uniform Guidance (2 CFR part 200), including requirements related to financial management (2 CFR 200.302) and internal controls (2 CFR 200.303). Finally, programs will still be required to comply with applicable State, Tribal, and local mandatory reporting laws concerning reasonably suspected or known incidents of child abuse and neglect, consistent with the Child Abuse Prevention and Treatment Act (CAPTA) and any other applicable Federal laws. In addition to streamlining requirements, the proposed changes remove prescriptive requirements not mandated by statute and restore flexibility to local programs. Under the proposed regulations programs would no longer be required to adhere to prescribed data aggregation and analysis processes for child-level assessment data, including the requirement to conduct subgroup analysis. Instead, programs would continue to conduct annual self-assessments and use data for continuous improvement as required by statute, while gaining flexibility to analyze child-level data when and how it best informs local decision-making and program improvement. The proposed changes also eliminate requirements that programs implement prescriptive coordinated approaches and procedures at the beginning of each program year. Programs will continue to collaborate with schools, child care providers, disability services, and other community partners as required by statute, while eliminating prescriptive coordination procedures and timelines that do not account for local partnership contexts. These proposed eliminations provide programs with flexibility to develop management and reporting systems that best meet local community needs while maintaining compliance with all statutory accountability and quality standards, including [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2026-16134. Public record. Not legal advice.