Head Start Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 1301, 1304, 1305 and 1306

Head Start Program

AGENCY: Administration on Children, Youth and Families Administration

for Children and Families, HHS.

ACTION: Technical and correcting amendments.

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SUMMARY: This document contains technical and correcting amendments to

the Head Start Program final rule published on November 5, 1996 (61 FR

57186). The final rule implements the statutory provisions for

establishing Program Performance Standards for Early Head Start

grantees and Head Start Grantee and delegate agencies providing

services to eligible children from birth to five years and their

families as well as pregnant women and for taking corrective actions

when Early Head Start or Head Start agencies fail to meet such

standards. These technical and correcting amendments add the Office of

Management and Budget (OMB) Control Number to sections containing

information collection requirements for which OMB approval has been

obtained and make other necessary corrections.

DATES: Effective on January 15, 1998.

FOR FURTHER INFORMATION CONTACT: E. Dollie Wolverton, Head Start

Bureau, 202-205-8418 (not a toll free call);

SUPPLEMENTARY INFORMATION:

I. Background

The final rule on Head Start Performance Standards was published on

November 5, 1996 (61 FR 57186), in the Federal Register. The purpose of

the final rule, the first wide ranging revision of the performance

standards in over 20 years, is to implement the 1994 amendments to the

Head Start Act which require an update to the Head Start Program

Performance Standards.

II. Need for Technical and Correcting Amendments to 45 CFR Parts 1301,

1304, 1305, and 1306

This document adds the OMB Control number to the sections

containing information collection requirements for which OMB approval

has been obtained; corrects errors and omissions in the text of the

final regulations; makes changes in certain provisions to make them

easier to read; adds and corrects cross references to other related

sections of the Head Start regulations, and makes one change required

by the Head Start Act.

The Office of Management and Budget (OMB) approved the information

and collection requirements in 45 CFR sections 1301.31(b) on personnel

policies; 1304.20 (a), (c), and (d) on child health and developmental

services; 1304.22(c) on child health and safety; 1304.23(a) on child

nutrition; 1304.40(a) on family partnerships; 1304.41(a) on community

partnerships; 1304.50 (f), (g), and (h) on program governance; 1304.51

(a) and (i) on management systems and procedures; 1304.52(j) on human

resources management; and 1304.60(b) and (c) on deficiencies and

quality improvement plans. This Notice adds the newly assigned OMB

Control number 0970-0148 for these sections as required by OMB. The

expiration date for the approval is December 31, 1999. In the case of

45 CFR 1305.3 (b) and (d), a technical edit is made in the

parenthetical statement at the end of the section on the OMB Control

Number. Changes have been made to citations in several places in

Appendix A.

Changes are made in the text in 45 CFR Sec. 1304.20(b),

Sec. 1304.20(f)(1), Sec. 1304.41(b), Sec. 1304.50(b)(3), 1304.52(j)(1)

and Sec. 1306.30(c) to make the provisions easier to understand without

changing their requirements. There are also corrections to

typographical errors in Appendix A, Paragraph (b), II General

Procedures, and Paragraphs (c) and (e), III Human Resources Management.

The references to ``delegate agencies'' are being deleted from 45 CFR

1305.3 because these references were included in the final regulations

as the result of typographical errors. Paragraph (ix) is being deleted

from 45 CFR 1304.50(d)(1). The provision, which requires that members

of the Policy Councils and Policy Committees approve the Head Start

Program's annual audit, was included in the final regulation through an

error. The deletion of this provision necessitates changes to the

numbering of 45 CFR 1304.50(d)(1) (x)-(xiii) and references to those

provisions in Appendix A.

This notice also includes changes to several of the cross-

references in the regulations which have been provided to assist

grantees and others in using the document and which do not affect the

[[Page 2313]]

requirements of the regulations. The phrase ``Head Start parents'' was

omitted from 45 CFR 1304.41(b) and is being inserted to comply with

Section 641A(a)(3)(C)(ii) of the Head Start Act (42 U.S.C. 9836A). The

parenthetical phrase (``this regulation is binding on Policy Councils

exclusively'') is being removed from Sec. 1304.51(d)(1)(iii) because it

may be misunderstood. The statement in the parenthetical applies to the

cross reference cited in the provision as a whole.

Grantees that already have taken steps to comply with 45 CFR

1304.41(b), will be given an opportunity to take any necessary

corrective action before being sanctioned as provided by the Head Start

Act.

Waiver of Notice and Comment Procedures

The Administrative Procedure Act (5 U.S.C. 553(b)(B)) requires that

a notice of proposed rulemaking be published unless the Department

finds, for good cause, that such notice and opportunity for public

comment is impracticable, unnecessary, or contrary to the public

interest. In this instance, the rule in question effects technical

changes, corrections to and deletion of text not properly included in

the regulations and a change necessary to comply with provisions of the

Head Start Act. Accordingly, the Department has determined that it

would be unnecessary to use notice and comment procedures in issuing

these amendments.

Impact Analysis

No Impact Analysis is needed for the technical amendments. The

impact of the necessary corrections falls within the analysis of the

Performance Standards published in the Federal Register on November 5,

1996 (61 FR 57186 and 57209).

List of Subjects

45 CFR Part 1301

Administrative practice and procedure, Education of disadvantaged,

Grant programs/social programs, Selection of grantees.

45 CFR Part 1304

Dental health, Education of disadvantaged, Grant programs/social

programs, Health care, Mental health programs, Nutrition, Reporting and

recordkeeping requirements.

45 CFR Part 1305

Education of disadvantaged, Grant programs/social programs,

Individuals with disabilities.

45 CFR Part 1306

Education of disadvantaged, Grant programs/social programs,

Individuals with disabilities.

(Catalog of Federal Domestic Assistance Program Number 93.600,

Project Head Start)

Dated: January 7, 1998.

Neil J. Stillman,

Deputy Assistant Secretary for Information and Resource Management.

Accordingly, 45 CFR Parts 1301, 1304, 1305, and 1306 of the Head

Start final rule are corrected by making the following technical and

correcting amendments:

PART 1301--HEAD START GRANTS ADMINISTRATION

1. The authority citation for Part 1301 continues to read as

follows:

Authority: 42 U.S.C. 9801 et seq.

2. In Sec. 1301.31, revise the parenthetical sentence at the end of

the section to read as follows:

Sec. 1301.31 Personnel policies.

* * * * *

(The information collection requirements are approved by the Office of

Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraph (b).)

PART 1304--PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD

START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES

3. The authority citation for Part 1304 continues to read as

follows:

Authority: 42 U.S.C. 9801 et seq.

Sec. 1304.20 [Corrected]

4. In Sec. 1304.20:

A. In the heading of paragraph (b):

(1) Remove the word ``screening'' and add in its place

``concerns''; and

(2) Add the words ``screening for'' before the word

``developmental'';

B. In the first sentence of paragraph (b)(1):

(1) Add the words ``screening procedures to identify concerns

regarding a child's'' after the word ``appropriate'';

(2) Add in parentheses ``(visual and auditory),'' after the word

``sensory'';

(3) Remove the word ``and'' before the word ``behavioral'' and add

a comma after ``behavioral'', and remove the words ``screenings of''

after the word ``behavioral'';

C. In the second sentence of paragraph (b)(1) remove the word

``screenings'' and add the words ``screening procedures''.

D. In paragraph (c)(4), after the words ``Individualized Education

Program'' add the parenthetical letters ``(IEP)'';

E. In paragraph (f)(1) add the words ``screening for'' before the

word ``developmental'' and remove the word ``screening'' after the word

``behavioral'' and add the word ``concerns'' in its place; and

F. Add the Office of Management and Budget Control Number in a

parenthetical sentence at the end to read as follows:

Sec. 1304.20 Child health and developmental services.

* * * * *

(The information and collection requirements are approved by the Office

of Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraphs (a), (c) and (d).)

Sec. 1304.21 [Corrected]

5. In Sec. 1304.21(b)(1), within the parenthetical phrase at the

end which reads ``(see 45 CFR 1304.3(a)(5))'', add the words ``for a

definition of curriculum'' after the number ``(5)''. In paragraph

(b)(1)(i) of this section in the phrase at the end which reads ``See 45

CFR 1304.52(g)(4)'', remove the number ``(4)'' and replace it with

``(2)''.

6. In Sec. 1304.22, add the OMB Control Number in a parenthetical

sentence at the end of the section to read as follows:

Sec. 1304.22 Child health and safety.

* * * * *

(The information collection requirements are approved by the Office of

Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraph (c).)

7. In Sec. 1304.23, add the OMB Control Number in a parenthetical

sentence at the end of the section to read as follows:

Sec. 1304.23 Child nutrition.

* * * * *

(The information collection requirements are approved by the Office of

Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraph (a).)

Sec. 1304.40 [Corrected]

8. In Sec. 1304.40(a) (2) and (3) remove the capital letters from

``Family Partnership Agreements'' and ``Agreement'' and in their place

add the lower case. At the end of paragraph (i)(4) of this section, add

in parentheses ``(See 45 CFR 1306.33 regarding the home-based program

option.)''. Add the Office of Management and Budget Control Number in a

parenthetical sentence at the end of the section to read as follows:

[[Page 2314]]

Sec. 1304.40 Family partnerships.

* * * * *

(The information and collection requirements are approved by the Office

of Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraph (a).

Sec. 1304.41 [Corrected]

9. In Sec. 1304.41(b), after the word ``includes'' add the words

``Head Start parents,''. In this same paragraph add a comma after the

word ``professionals'' and add the word ``other'' before the word

``volunteers''. Add the Office of Management and Budget Control Number

in a parenthetical sentence at the end of the section to read as

follows:

Sec. 1304.41 Community partnerships.

* * * * *

(The information collection requirements are approved by the Office of

Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraph (a).)

Sec. 1304.50 [Corrected]

10. In Sec. 1304.50(b)(3), after the words ``low-income children

and families'' remove the period and add a comma in its place, remove

``Community representatives may'', and remove ``include'' and add

``including, for example,'' in its place. In paragraph (d)(1)(iii) at

the end, remove the phrase ``(this regulation is binding on Policy

Councils exclusively)''. Remove paragraph (d)(1)(ix) of this section

and redesignate paragraphs (d)(1)(x) through (d)(1)(xii) as paragraphs

(d)(1)(ix) through (d)(1)(xi), respectively. In paragraph (e)(3),

remove the words ``Governing Board'' and in its place add ``governing

body''. Add the Office of Management and Budget Control Number in a

parenthetical sentence at the end of the section to read as follows:

Sec. 1304.50 Program governance.

* * * * *

(The information and collection requirements are approved by the Office

of Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraphs (f), (g), and (h).)

Appendix A--[Corrected]

11. In Appendix A, make corrections as follows:

A. Under I. Planning, the ``Function'' column, remove the sentence

at the end of paragraph (a) which reads ``(this regulation is binding

on Policy Councils exclusively.)''.

B. In paragraph (b) under II. General Procedures, in the Grantee

Agency/Policy Council column, remove the ``C'' and add in its place

``--'' to show the space is now blank and on the same line in the

Delegate Agency/Policy Committee column remove the letter ``C'' and add

in its place ``--'' to show the space is now blank.

C. Under II. General Procedures, in paragraph (g), at the

beginning, remove ``1304.50(d)(1)(ix)''.

D. Under III, Human Resources Management:

(1) In paragraph (a) remove ``1304.50(d)(1)(x)'' and add in its

place ``1304.50(d)(1)(ix)''.

(2) In paragraph (b) remove ``1304.50(d)(1)(xi)'' and add in its

place ``1304.50(d)(1)(x)''.

(3) In paragraph (c) remove ``1304.50(d)(1)(xii)'' and add in its

place ``1304.50(d)(1)(xi)'', and in the column on Grantee Agency/

Governing body remove ``C'' and add in its place ``A''.

(4) In paragraph (d) remove ``1304.50(d)(1)(xi)'' and add in its

place ``1304.50(d)(1)(x).''

(5) In paragraph (e), remove ``1304.50(d)(1)(xii)'' and add in its

place ``1304.50(d)(1)(xi)'', and under the Delegate Agency/Governing

body column, remove the ``C'' and add in its place ``A''.

Sec. 1304.51 [Corrected]

12. At the end of Sec. 1304.51(a)(1)(iii), add the sentence ``See

the requirements of 45 CFR parts 1305, 1306, and 1308.''. Add the

Office of Management and Budget Control Number in a parenthetical

sentence at the end of the section to read as follows:

Sec. 1304.51 Management systems and procedures.

* * * * *

(The information and collection requirements are approved by the Office

of Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraphs (a) and (i).)

Sec. 1304.52 [Corrected]

13. In Sec. 1304.52(j)(1) add a set of parentheses around the words

``that includes screening for tuberculosis''. Add the Office of

Management and Budget Control Number in a parenthetical sentence at the

end of the section to read as follows:

Sec. 1304.52 Human resources management.

* * * * *

(The information and collection requirements are approved by the Office

of Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraph (j).)

14. In Sec. 1304.60 add the Office of Management and Budget Control

Number in a parenthetical sentence at the end of the section to read as

follows:

Sec. 1304.60 Deficiencies and quality improvement plans.

* * * * *

(The information and collection requirements are approved by the Office

of Management and Budget (OMB) under OMB Control Number 0970-0148 for

paragraphs (b) and (c).)

PART 1305--ELIGIBILITY, RECRUITMENT, SELECTION, ENROLLMENT AND

ATTENDANCE IN HEAD START

15. The authority citation for Part 1305 continues to read as

follows:

Authority: 42 U.S.C. 9801 et seq.

Sec. 1305.3 [Corrected]

16. In Sec. 1305.3(b) remove the words ``and delegate agency'' and

``or delegate's''. In paragraph (d) of this section remove ``or

delegate agency''. Revise the Office of Management and Budget Control

Number parenthetical sentence at the end of the section to read as

follows:

Sec. 1305.3. Determining community strengths and needs.

* * * * *

(The information collection requirements are approved by the Office of

Management and Budget (OMB) under OMB Control Number 0970-0124 for

paragraphs (b) and (d).)

PART 1306--HEAD START STAFFING REQUIREMENTS AND PROGRAM OPTIONS

17. The authority citation for Part 1306 continues to read as

follows:

Authority: 42 U.S.C. 9801 et seq.

Sec. 1306.30 [Corrected]

18. In Sec. 1306.30(c) in the second sentence, remove the comma

before the words ``at a minimum'', remove the words ``at a minimum,'',

remove the word ``the'' before the word ``safety'', add the words

``health and'' before the word ``safety'', and remove the words ``of

facilities'' and add the word ``as'' in its place.

[FR Doc. 98-961 Filed 1-14-98; 8:45 am]

BILLING CODE 4184-01-P