![](media/image1.jpeg){width="6.302083333333333in" height="1.125in"}

# 

# Legislative Bulletin....................................................November 14, 2007

**Contents:**

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

**Conference Report on H.R. 1429 --- Improving Head Start Act of 2007**

***(Kildee, D-MI)***

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, November 14, 2007. The rule for
consideration of the conference report to accompany H.R. 1429 ([H.Res.
813](http://www.rules.house.gov/SpecialRules_details.aspx?NewsID=3132))
waives all points of order against the conference report and against its
consideration.

Note: In the 109^th^ Congress, the House passed the School Readiness Act
of 2005 ([H.R. 2123](http://clerk.house.gov/evs/2005/roll493.xml)),
which would have reauthorized the Head Start program at \$35.7 billion
over five years, by a vote of 231 to 184. However, the Senate did not
take up this legislation, and the program has remained unauthorized, but
funded through the annual appropriations process. H.R. 1429 passed the
House on May 2, 2007 by a vote of 365 to 48.

**[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. There were
numerous discrepancies between the House and Senate versions of the
bill, many of which were addressed in the conference report. The
following is a summary of the differences between the House and Senate
bills that were resolved in the conference report. For more information
on the underlying House bill, see [RSC
materials](http://www.house.gov/hensarling/rsc/doc/LB_050207_head start.doc)
released earlier this year.

**Funding Authorizations and Allocations.** H.R. 1429 provides for the
following funding authorizations and allocations: authorizes \$7.35
billion for FY 2008, \$7.65 billion in FY 2009 (4.1 percent increase),
\$7.995 billion in FY 2010 (4.5 percent increase), and such sums for FY
2011 and FY 2012 for the Head Start program (this language is similar to
the Senate version of the bill, and differs from the House version which
authorized \$7.35 billion in FY 2008 and such sums for FY 2009 and
beyond).

**Employee Compensation.** On November 11, 2007, Rep. Mike Castle (R-DE)
offered a motion to instruct Head Start conferees to insist that
language in the House bill which would have disallowed federal funds
from being used to pay any Head Start employee in excess of the
Executive Schedule Level II (an Assistant Secretary) of \$168,000. The
Senate version of the bill would have allowed Head Start employees to
make salaries over \$168,000. The conference agreement incorporates the
House language, limiting the compensation of a Head Start employee to
\$168,000. In addition, the language defines compensation as salary,
bonuses, vacation pay, and other paid leave benefits (compensation does
not apply to medical or retirement benefits).

**Formula for Head Start Grantees.** The conference report includes a
new formula to determine the assistance provided to Head Start grantees
which was not included in either the House or Senate bill. Due to
concerns that neither the House, nor the Senate formulas were feasible,
a new formula was drafted and included in the conference report. The new
formula contains three phases.

Phase 1: Hold harmless to all current grantees (i.e. every existing
grantee will receive the same funding that they received last year);
\$20 million for Health and Human Services (HHS) for research,
development and evaluation; \$42 million for monitoring activities by
HHS of Head State grantees; and 2.5 percent to 3 percent for training
and technical assistance activities by HHS.

Phase 2 (if there are remaining funds): Cost of living adjustment to all
existing grantees (typically 1 to 5 percent of current allotment); \$10
million set-aside to expand Indian Head State programs; and \$10 million
set-aside to expand Migrant and Seasonal Head Start programs.

Phase 3 (if there are remaining funds): 40 percent for quality
improvement activities; 45 percent for expansion of the Head Start
program of which 50 percent would be provided for Head Start and 50
percent for Early Head Start; and 15 percent for states for activities
administered by State Advisory Councils (see below).

**Existing Grantees.** The conference report requires that the Secretary
establish an expert panel to create a system which determines how and
which Head Start agencies should be renewed. The conference report
requires that this panel consist of experts in early childhood program
accreditation, research on early childhood development, governance and
finance of non-profit organizations, delivery of services to populations
serving young children and an employee from the Office of Head Start.
The language concerning the re-designation of these existing grantees is
similar to language in both the House and Senate versions of the bill.

**Income Eligibility.** The language which passed the House allowed
children at 130 percent of the federal poverty limit (FPL) to be served
by Head Start programs, capped at 20 percent of enrollment. Similarly,
the Senate version raised the FPL to 130 percent, but did not include a
cap. As a compromise, the conference report includes language which will
allow Head Start to serve children at 130 percent of FPL, but includes
an important requirement which states that all children under 100
percent poverty are served before opening up to higher FPL. In addition,
the conference report limits the amount of participants that can be
served at the increased level to 35 percent (a compromise from 20
percent).

**Governing Body and Policy Council Compromise.** When the House
considered H.R. 1429, there were numerous concerns from Members
regarding the appropriate use of the Head Start Policy Council
(comprised of parents of Head Start students) and the Governing Body
(made up of experts in fields applicable to the maintenance and
operation of Head Start programs). As a way of addressing some of these
concerns regarding who would wield what power over Head Start programs,
the conference agreement requires the Head Start agencies to establish
and maintain a formal structure of program governance for the oversight
of Head Start operations. The conference report lays out the specific
responsibilities of both the Governing Body and the Policy Council, as
well as determines how both entities should interact with each other in
order to effectively operate a Head Start agency.

According to the conference report, the Governing Body must adhere to
the following guidelines:

-   Must be comprised of at least one member with a background in fiscal
    management or accounting; at least one member with a background in
    early childhood education and development; at least one member must
    be a licensed attorney familiar with issues that may come up in the
    Governing Body;

-   Additional members should reflect the community which is being
    served, and include parents of children who are currently or
    formerly enrolled in Head Start;

-   Additional members should be selected for their background and
    expertise in education, business administration, and community
    affairs.

In addition, the Governing Body will have the following
responsibilities:

-   Legal and fiscal responsibility for administering and overseeing
    programs, including the safeguarding of federal funds;

-   Adopt practices that assure active, independent and informed Head
    Start agencies;

-   Fully participate in the development, planning, and evaluation of
    the Head Start programs;

-   Ensuring compliance with federal laws and regulations and applicable
    state, tribal, and local laws and regulations;

-   Responsible for selecting delegate agencies and the service areas of
    such agencies;

-   Establishing procedures and criteria for recruitment, selection, and
    enrollment of children;

-   Reviewing all applications for funding and amendments to
    applications for funding for programs;

-   Establishing procedures and guidelines for accessing and collecting
    information;

-   Reviewing and approving all major policies of the agency including
    the annual self-assessment and financial audit and the agency's
    progress in carrying out the programmatic and fiscal provisions in
    grant applications;

-   Reviewing and approving personnel policies of Head Start agencies;

-   Developing procedures for how members of the policy council are
    selected;

-   Approving financial management, accounting, and reporting policies
    and compliance with laws and regulations related to financial
    statements;

-   Approval of all major financial expenditures of the Head Start
    agency and the budget;

-   Establishing, adopting and periodically updating written standards
    of conduct that establish standards and procedures for disclosing
    and resolving conflicts of interest, complaints, and investigations
    within the Head Start agency.

According to the conference report, the Policy Council must adhere to
the following guidelines:

-   Shall be elected by parents of children who are currently enrolled
    in the Head Start program of the Head Start agency;

-   The policy council shall be composed of parents of children who are
    currently enrolled in the Head Start program;

-   May include parents of children who were formerly enrolled in the
    Head Start program.

In addition, the Policy Council will have the following
responsibilities;

-   Approve and submit to the Governing Body decisions about the
    involvement of parents in program operations, program recruitment,
    selection, and enrollment priorities, applications for funding and
    amendments to applications, budget planning for program
    expenditures, bylaws for the operation of the Policy Council,
    personnel policies and decisions regarding employment of program
    staff;

-   Development of procedures for how members of the Policy Council will
    be elected;

-   Recommendations on the selection of delegate Head Start agencies;

-   Development of a Policy Committee.

According to some Member's concerns, the Senate Head Start bill would
have weakened the role of the parent Policy Councils in program
governance to only "meaningful consultation and collaboration."
Currently they have the ability to vote on important programmatic and
personnel issues. The conference report preserves the vote of the parent
Policy Councils on such significant program issues, and also ensures
there is a viable impasse policy in case the policy councils disagree
with the boards of directors.

**Transportation Safety.** The conference report maintains language
which was included in the Senate bill which required background checks
for anyone transporting children to Head Start centers. Separate
provisions regarding transportation of Head Start children in the House
and Senate bills were dropped, and replaced with this language.

**Standards for Head Start Teachers.** The conference agreement states
that at least 50 percent of Head Start teachers programs must have a
baccalaureate or advanced degree in early childhood education (or a
related field) by September 30, 2013. In addition, the agreement
requires that Head Start education coordinators, and those who serve as
curriculum specialists, must have the ability to offer assistance to
other teachers in the implementation and adaptation of curricula or have
a baccalaureate or advanced degree in early childhood education and
experience in teaching preschool-age children. The conference report
requires that Head Start teaching assistants must have at least a child
development associate credential, be enrolled in a program leading to an
associate or baccalaureate degree, or be enrolled in a child development
associate credential program. Additional language in the conference
report would ensure that appropriate certification is required for any
other professional in a Head Start classroom.

In addition, the conference report also requires that all Head Start
teachers must have an associate degree or a baccalaureate degree, as
opposed to just a child development associate credential or a
state-awarded certificate for preschool teachers by October 1, 2011.

**Standards for Early Head Start Teachers.** The conference agreement
requires that all teachers providing direct services to children and
families participating in Early Head Start programs have a minimum of a
child development associate credential and have been trained (or have
equivalent course work) in early childhood development by September 30,
2010. The conference report also requires that all teachers must be
trained (or have equivalent course work) in early childhood development
with a focus on infant and toddler development by no later than
September 30, 2012.

**Faith-Based Hiring Concerns.** The House version of H.R. 1429 codified
a provision in previous law that allowed faith-based organizations to be
Head Start providers. While the bill allowed faith-based organizations
to be providers, it did not include hiring protections for the
faith-based organizations. Representative Fortuno sought to add hiring
protections to the Head Start Reauthorization by offering an amendment
in Committee, but the amendment failed along a party line vote. Rep.
Fortuno also submitted his amendment to Rules when H.R. 1429 was brought
to the House floor for a vote, but the Rules Committee did not allow his
amendment. During debate on H.R. 1429, the Republican Motion to Recommit
offered would have allowed faith-based organizations that receive Head
Start funding to be able to hire individuals based upon religious
affiliation or belief.  The MTR explicitly prohibited federal funds from
being used for worship, instruction or proselytization.  The MTR would
have also prohibited the federal government from requiring a faith-based
organization to alter its form of internal governance or remove
religious art, icons, scripture, or other symbols. While the House
debated the issue of faith-based hiring protections, the Senate bill did
not include language to allow faith-based organizations to be providers.
This conference report codifies the provision which allows faith-based
organizations to be providers, however, it **[does not contain language
that would provide hiring protections to such
organizations.]{.underline}** Simply, this conference report would mean
that faith-based organizations that run Head Start programs would have
to hire any person who has the appropriate credentials, even if he or
she does not agree with the faith or adhere to the mission of the
employing organization.

**Prohibition of Voter Registration Activities.** The conference report
prohibits the use of federal funds for voter registration activities at
Head Start centers. In addition, the conference report contains a
prohibition against Head Start teachers, employees and administrators
from conducting voter registration activity on-site during hours of
operation. The bill specifies that while they may participate in civic
activities on their own time, the focus of Head Start employees during
work hours should remain on improving the school readiness of Head Start
children. According to the report, outside, nonpartisan organizations,
are permitted under this section to use Head Start facilities
non-intrusively to conduct voter registration.

**Scientifically Valid Research Requirement.** The conference report
contains language, similar to the House bill, which requires that
curriculum for early childhood education programs in Head Start
classrooms be based on "principles of scientific research" and
"scientifically valid research".

**Training and Technical Assistance.** Both the House and Senate version
of Head Start Reauthorization contained provisions requiring the
Secretary to provide training and technical assistance activities to
Head Start and Early Head Start programs, provisions which are
maintained in the conference report. These activities would be funded
through the first phase of the funding formula (see above), which
allocates 2.5 percent to 3 percent for such activities. One of the key
requirements of these training and technical assistance activities is to
encourage successful methods of correcting program and management
deficiencies at Head Start facilities, and programs assisting Head Start
agencies in ensuring the readiness of children for school. In addition,
the conference report establishes a state-based training and technical
assistance system which will be tasked with meeting the needs of local
Head Start grantees. Such state-based training and technical assistance
systems will work to get local Head Start agencies meeting the program
performance standards in the bill.

The conference report requires that similar training and technical
assistance is provided to Early Head Start agencies as well. In
addition, the conference agreement establishes a state-based training
and technical assistance system for Early Head Start programs as well.

**State Advisory Councils.** Similar to language found in the Senate
bill, the conference report creates a new grant program for state
Governors to designate and/or establish a council whose purpose is to
serve as the State Advisory Council on Early Childhood Education and
Care. Funding for this program would come from the third phase of the
funding formula (see above). This formula directs 15 percent of the
funds in the third phase to such State Advisory Councils, not to exceed
\$100 million. In order to maintain accountability, the State Advisory
Councils must conduct statewide needs assessments to determine the
quality and availability of early childhood education, among other
things.

**Centers for Excellence.** Similar to language included in the Senate
bill, the conference agreement creates a **new grant program** where
successful and model Head Start agencies would be designated as Centers
for Excellence. As a Center for Excellence, the agency would be
responsible for providing and disseminating best practices for achieving
early academic success to other Head Start agencies in the State. Using
the funds given to a Center for Excellence, they may:

-   "provide Head Start services to additional eligible children;

-   "further coordinate early childhood education and development
    programs and services and social services available in the community
    served by the center for at-risk children (birth through age eight,
    their families, and pregnant women;

-   "provide professional development for Head Start teachers and staff,
    including joint training for Head Start teachers and staff, child
    care providers, public and private preschool and elementary school
    teachers, and other providers of early childhood education and
    development programs;

-   "provide effective transitions between Head Start programs and
    elementary schools and to facilitate ongoing communication between
    Head Start and elementary school teachers concerning children
    receiving Head Start services to improve the teachers' ability to
    work effectively with low income, at-risk children and their
    families;

-   "develop or maintain partnerships with institutions of higher
    education and nonprofit organizations, including community-based
    organizations, that recruit, train, place, and support college
    students to serve as mentors and reading partners to preschool
    children in Head Start programs;

-   "carry out other activities determined by the center to improve the
    overall quality of the Head Start program carried out by the agency
    and the program carried out under the bonus grant involved."

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

[]{.mark}

**Hiring for Faith-Based Head Start Agencies (not included in conference
report)**

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 Rep. 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.

[]{.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. The conference report addresses this
concern by requiring a Head Start agency to obtain prior, written
consent from the parents before "administration of any nonemergency
intrusive physical examination of a child." Nonemergency procedure is
defined in the conference report as a procedure that "is not immediately
necessary to protect the health or safety of the child involved or the
health or safety of another individual," and any procedure which
"requires incision or is otherwise invasive, or involves exposure of
private body parts."

[]{.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. On May 2,
2007, the House considered H.R. 1429 and passed it by a vote of 365 to
48. After the Senate passed the bill, with an amendment, the House
appointed conferees on November 6, 2007.

[]{.mark}

**[Cost to Taxpayers]{.underline}**: According to the text, the
conference report authorizes \$7.35 billion in FY 2008, \$7.65 in FY
2009, \$7.995 in FY 2010, and such sums for FY 2011 and FY 2012 for the
Head Start program. While no updated CBO estimate is available, previous
CBO analysis estimates that authorizations included in the House version
of H.R. 1429 would 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 the conference
report, the "Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, this conference report contains no congressional
earmarks, limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) 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}**: Sarah Makin;
<Sarah.Makin@mail.house.gov>; 6-0718

\###