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# 

# Legislative Bulletin....................................................May 2, 2007

**Contents:**

> **H.R. 1429 ---Improving Head Start Act of 2007 (Head Start
> Reauthorization)**

**H.R. 1429 --- Improving Head Start Act of 2007 *(Kildee, D-MI)***

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, May 2, 2007, likely subject to a structured
rule.

[]{.mark}

Note: In the 109^th^ Congress, the House passed
([231-184](http://clerk.house.gov/evs/2005/roll493.xml)) the School
Readiness Act of 2005 (H.R. 2123), which would have reauthorized the
Head Start program at \$35.7 billion over five years. However, the
Senate did not take up this legislation, and the program has remained
unauthorized, but funded through the annual appropriations process.

**[Summary]{.underline}**: H.R. 1429 would reauthorize the 1965 Head
Start Act (last reauthorized in 1998 through 2003), which provides early
childhood education programs for low-income children. Specific
provisions are outlined below.

**Funding Authorizations and Allocations**

H.R. 1429 provides for the following funding authorizations and
allocations:

-   Authorizes \$7.35 billion for FY 2008, and "such sums as may be
    necessary" for FY 2009 through FY 2012.

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-   13% of the annual appropriations to be allotted for Indian Head
    Start programs, services for children with disabilities, and migrant
    and seasonal Head Start programs combined. Specifically, the migrant
    and seasonal programs would receive 5% of annual appropriations, the
    Indian programs would receive 3.5%, and these programs would
    receive, on a national basis, not less than the amount that was
    obligated for use by the programs during FY 2007. The bill also
    provides that "no future reduction in funding shall result in the
    termination of Head start services provided to any eligible child 3
    years of age or older who is participating in any programs on the
    date of reduction."

-   2% of annual appropriations is for training and technical
    assistance, of which:

    -   not less than 50% is for local Head Start agencies to make
        improvements for training and technical assistance activities;

    -   not less than 30% is to support a state-based system or a
        national system of early childhood education training and
        technical assistance to local Higher Education agencies; and

    -   the remainder of the funds from the 2% set-aside are to be used
        to help the local agencies to address weakness identified by
        "monitoring activities" by the Department of Education.

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-   60% of funding appropriated above the FY06 funding level is for
    "quality improvement," including teacher recruitment, training, and
    compensation, classroom improvements, and outreach to underserved
    populations (homeless, migrant and seasonal, and limited English
    proficient children); and

-   Increases the set-aside in funding for Early Head Start programs,
    which provide programs for infants and toddlers, from 10% to the
    following amounts:

    -   12% in FY 2008;

    -   14% in FY 2009;

    -   16% in FY 2010;

    -   18% in FY 2011; and

    -   20% in FY 2012.

> Early Head Start provides services for children *under the age of
> three*. **Some conservatives may be concerned regarding this increase
> in funding, and contend that providing education services to
> *toddlers* is not a legitimate responsibility of the Head Start
> program, or an appropriate function of the federal government.**

**New Collaboration Grant Program**

H.R. 1429 would require the Department of Education to establish a new
grant program to provide "collaboration grants" to each state and to
each national administrative office serving Indian Head Start program
and migrant and season program to facilitate collaboration between Head
Start agencies and entities that "carry out other activities designed to
benefit low-income families and children from birth to school entry."
States that receive funding under this program would be required to
appoint a State Director of Head Start Collaboration to serve as a
liaison between the office of the Administration for Children and
Families and various state and local agencies.

.

**Program Administration**

H.R. 1429 outlines the following provisions pertaining to management and
administration of the Head Start program, as well as State Head Start
agency and collaboration directives:

[]{.mark}

-   Directs the Secretary to appoint the new positions of "National
    Migrant and Seasonal Head Start Collaboration Director" and a
    "National Indian Head Start Collaboration Director."

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-   Allows the Secretary to provide a limited waiver of current vehicle
    safety regulations for Head Start agencies "in transporting children
    if such requirements pertain to child restraint systems and bus
    monitors, are in the best interest of the child, or the agency
    demonstrates that meeting the requirements will significantly
    disrupt their program."

-   Directs the Secretary to use internal regulation to issue rules to
    establish "policies and procedures to remove barriers to the
    enrollment and participation of homeless children in Head Start
    programs," including to allow homeless families to apply to, enroll
    in, and attend Head Start programs.

-   **Permits local Head Start agencies, upon approval by the Secretary,
    to increase their income eligibility for participation to 130% of
    poverty, provided that no more than 20% of children served by that
    agency may be from families above the poverty line.**

-   Requires all curricula and instructional materials to be
    scientifically based and age appropriate and gives parents the
    ability to inspect any curricula or instructional material upon
    request.

-   Directs the Department of Education to establish new procedures for
    the review of Head Start agency applications, and outlines the
    specific details of the nature of the new procedure, including the
    establishment of an "expert panel to make recommendations on the
    development of a transparent, reliable and valid system for
    evaluating grant renewal applications."

-   Establishes an extensive list of criteria upon which applicants
    should be evaluated during the review process, which would include
    among others, offering in-home visitation, providing mental and
    behavioral health services, extending outreach to fathers to
    "strengthen the role of fathers in families," "providing culturally
    appropriate opportunities for direct father-child interaction,"
    ability to meet the needs of non-English speaking children, and
    providing mental health services to younger siblings." **Some
    conservatives may be concerned that this legislation seeks to expand
    the Head Start program to provide services such as mental health
    services to toddlers and outreach to fathers, services which some
    contend do not fall within the original purpose of the Head Start
    program, which is to assist low-income children in being prepared
    for kindergarten.**

**Quality Monitoring and Program Evaluation**

H.R. 1429 provides specific direction regarding quality monitoring of
Head Start agencies and programs including the following:

-   "language knowledge and skills, including oral language and
    listening comprehension;

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-   "prereading knowledge and skills that prepare children for early
    literacy in schools, including phonological awareness, print
    awareness and print skills, and alphabetic knowledge;

-   "mathematics knowledge and skills;

-   "cognitive abilities related to academic achievement and child
    development;

-   **"social and emotional development related to early learning,
    school success, social problem-solving and overall well-being;**

-   **creative arts; and**

-   "in the case of limited-English proficient children, progress toward
    acquisition of the English language while making meaningful progress
    in attaining the knowledge, skills, abilities, and development"
    required of other Head Start children.

[]{.mark}

The legislation directs the Department of Education to suspend the
implementation and use of the National Reporting System. H.R. 1429 also
prohibits the development of a national database of personally
identifiable information on children participating in Head Start. H.R.
1429 requires the Department to develop and use a risk-based assessment
system to conduct required reviews of Head Start agencies, which would
include a full review at least once every three years, a review of newly
designated agencies immediately following the completion of its first
year in operation, follow-up reviews of agencies with deficiencies, and
other "unannounced" reviews. H.R. 1429 outlines corrective actions to be
taken if an agency or program fails to meet the quality and education
standards.

In addition, H.R. 1429 directs local Head Start agencies to annually
conduct a "comprehensive self-assessment" of its effectiveness and
progress in meeting program goals. The agencies ware required to report
their findings to the Department. Agencies would also be required to
report to the Department information on their total enrollment, as well
as actual enrollment compared to funded enrollment. The legislation
outlines specific instructions for the redistribution of funds held by
the Department due to recapturing or withholding from deficient local
agencies.

**Local Head Start Agency Structure**

H.R. 1429 significantly amends the structure and expands the
responsibilities of local Head Start agencies. Specifically, the bill
would require agencies to do the following, among other requirements:

-   Establish procedures to increase involvement of parents;

-   **Offer family literacy services and parenting skills training;**

-   **Offer mental health services to parents;**

-   Offer substance abuse counseling to parents;

-   Consider providing mental health services to assist younger siblings
    of children participating in the program;

-   Inform custodial parents in single-parent families about the
    availability of child support services for purposes of establishing
    paternity or acquiring child support;

-   **Provide parents of children with limited English proficiency with
    services in a language that they can understand;**

-   **Provide technical support needed to enable parents to secure on
    their own behalf, available assistance from public and private
    sources**; and

-   Promote involvement of grandparents.

**Some conservatives may be concerned that many of these activities,
such as parent training and assisting parents in obtaining additional
federal financial assistance, are not central activities of Head Start,
which is designed to prepare children for kindergarten.**

H.R. 1429 directs Head Start agencies to establish a formal structure of
"shared governance" though which an independent governing body with
legal and fiscally responsibility for administrating and overseeing
programs, and a parent policy council and a parent policy committee to
ensure that the agency operates a highly qualified program. The
legislation provides extensive guidelines for the new governance and
structure of the local agencies, including the responsibilities of each
entity participating in the shared governance of the agency.

H.R. 1429 requires the each agency to coordinate with the local
education agency and with schools in which Head Start children will
enroll following Head Start (essentially local kindergarten schools), in
order to promote a smooth transition from Head Start to the public
school system. In addition each agency is directed to enter into an
ongoing partnership with local educations agencies and state-funded
preschools, in order to coordinate educational activities, curricula,
instruction, technical assistance, staff training, and other activities.
The bill authorizes the Secretary to **award early learning
collaboration grants** to each state for the purpose of establishing a
State Early Learning Council to enhance current collaboration between
Head Start programs and state schools and state child care programs.

**Early Head Start Programs**

H.R. 1429 outlines activities to be conducted by Early Head Start
grantees, which serves infants and toddlers, including the following:

-   Providing "comprehensive" child development and family support
    services that will enhance the physical, social, emotional, and
    intellectual development of participants;

-   Providing services to parents, such as parenting skills training;
    and

-   Ensuring comprehensive services, such as health and mental health
    services.

**Health Care Services**

H.R. 1429 requires a Head Start agency to obtain **prior, written
consent** from the parents before administering any health care service
(including any non-emergency intrusive physical examination) to a child
(or referring such child to obtain such service) in connection with
participation in a Head Start program. (See additional information in
Items of Note below.)

**Technical Assistance**

H.R, 1429 authorizes the Department of Education to **provide grants**
to public or private nonprofit entities, training for Head Start
personnel in the use of the "performing and visual arts and interactive
programs using electronic media to enhance the learning experience of
Head Start children." In addition, the Department would be authorized to
**provide grants** to support an organization to administer a
"centralized child development and national assessment program leading
to recognized credentials for personnel working in early childhood
development and child care programs." H.R. 1429 directs the Department
to establish a program to **"recruit and train minority men to become
Head Start teachers in order to reflect the communities in which Head
Start children live and to increase the provision of quality services
and instruction to children with diverse background**s" (emphasis
added).

**Indoor Air Quality**

Directs the Department to consult with experts on issues of air quality
related to children's health and inform Head Start agencies of existing
programs that provide methods for improving indoor air quality.

**Tribal College Career Ladder Partnerships**

Authorizes the Department of Education to create a new grant program to
provide funding to tribal colleges and universities to implement
education programs such as tribal culture and language programs,
increasing the number of degrees earned by Indian Head Start agency
staff members, parents of children served by the agency, and members of
the tribal community involved, and technology literacy programs.

**New Teacher Requirements**

H.R. 1429 outlines the following requirements for Head Start teachers:

-   Requires that by September 30, 2013, at least 50% of all Head Start
    teachers have a baccalaureate or advanced degree in early childhood
    education or a related field. (Current law requires at least 50% of
    all teachers to have an associate degree.)

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-   Requires that within two years of enactment, all new teachers hired
    by Head Start must have an associate, baccalaureate or advance
    degree in early childhood education or a related field, or be
    currently enrolled in a program of study leading to that degree
    within three years from the date of hire.

-   Permits the Secretary to require that individuals receiving Head
    Start grants to receive an education work as a Head Start teacher
    following graduation for a number of years equal to the time they
    received the assistance.

**Obesity Prevention**

Directs the Department of Education to evaluate and publish regulations
on the issue of, and concerns related to, preventing and reducing
obesity in children who participate in Head Start programs. **Some
conservatives may be concerned that preventing obesity in children aged
3 to 5 is not a central activity of Head Start, which is designed to
prepare children for kindergarten.**

**[Items of Note:]{.underline}**

[]{.mark}

**Hiring for Faith-Based Head Start Agencies (not included in underlying
bill)**

Currently, faith-based organizations receiving Head Start grants
(approximately five percent of all Head Start grantees), are required to
forfeit their right to include religious preferences in the hiring
process. According to Committee Report 109-136, an amendment was offered
in Committee by Mr. Fortuno that would have allowed faith-based
organizations that receive Head Start funding to be able to hire
individuals based upon religious affiliation or belief. The amendment
failed (19-26).

Had this amendment been adopted, the change in Head Start law would
extend to local Head Start agencies the current federal exemption
offered to religious organizations under Title VII of the Civil Rights
Act, which allows those organizations to hire on a religious basis. In
the Committee Report for H.R. 2123 (last year's reauthorization bill),
the Committee noted that several pieces of legislation, including the
Welfare Reform Act of 1996 and the Community Service Block Grant Act of
1998, both signed by President Clinton, extended the hiring exemption to
faith-based groups receiving funds through these programs. The amendment
would bring Head Start up-to-date with the other major social service
programs governing legislation.

If amendments are allowed during consideration, it is likely that this
amendment will be offered on the floor.

[]{.mark}

**Parental Notification of all Head Start Medical Exams**

According to the Committee Report for H.R. 2123 (the Head Start
reauthorization passed by the 109^th^ Congress), all Head Start grantees
and agencies are required by the Head Start Program Performance
Standards to "obtain linguistically and age appropriate screening
procedures to identify concerns regarding a child's developmental,
sensory, behavioral, motor, language, social, cognitive, perceptual, and
emotional skills within 45 days of the child\'s entry into the program."
However, current federal law does not require parental consent for the
"appropriate screening procedures" Head Start grantees must provide. One
case in Oklahoma serves as an example for the need for Head Start
parental consent requirements. In 1998, 13 Head Start children ages
three through five were subjected to intrusive genital exams conducted
without parental permission. H.R. 1429 addresses this by requiring a
Head Start agency to obtain prior, written consent from the parents
before "administering any health care service (including any
non-emergency intrusive physical examination) to a child (or referring
such child to obtain such service) in connection with participation in a
program."

[]{.mark}

**[Committee Action]{.underline}**: H.R. 1429 was introduced on March 9,
2005, and referred to the Committee on

Education and the Workforce, which considered it, held a mark up, and
reported it to the House by a vote of 47-1, on March 23, 2007.

[]{.mark}

**[Cost to Taxpayers]{.underline}**: According to the text, H.R. 1429
authorizes \$7.35 billion in FY 2008, and such sums as necessary for FY
2008-FY 2012. CBO estimates authorizations included in H.R. 1429 will
total \$38.21 billion over the 2008-2012 period, subject to
appropriations.

[**Does the Bill Create New Federal Programs or Rules?**:]{.underline}
Yes, the bill creates several new grant programs authorized under the
Head Start program.

**[Earmark Compliance]{.underline}**: According to Committee Report
110-67, the "H.R. 493 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in clause
9(d), 9(e), or 9(t) of rule XXI."

**[Constitutional Authority]{.underline}**: The Education and the
Workforce Committee, in House Report

109-136, cites Article I, Section 8, Clause 1 (general welfare).

**[Staff Contact]{.underline}**: Joelle Cannon,
<joelle.cannon@mail.house.gov>, X69717

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