59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–67 

IMPROVING HEAD START ACT OF 2007 

MARCH 23, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GEORGE MILLER of California, from the Committee on 

Education and Labor, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 1429] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Education and Labor, to whom was referred 

the bill (H.R. 1429) to reauthorize the Head Start Act, to improve 

program quality, to expand access, and for other purposes, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Improving Head Start Act of 2007’’. 

SEC. 2. STATEMENT OF PURPOSE. 

Section 636 of the Head Start Act (42 U.S.C. 9831) is amended to read as follows: 

‘‘SEC. 636. STATEMENT OF PURPOSE. 

‘‘It is the purpose of this subchapter to promote the school readiness of low-income 

children— 

‘‘(1) by enhancing their cognitive, social, and emotional development in a 

learning environment that supports children’s growth in language, literacy, 

mathematics, science, social and emotional functioning, physical skills, and approaches to learning; and 

‘‘(2) through the provision to low-income children and their families of health, 

educational, nutritional, social, and other services that are determined, based 

on family needs assessments, to be necessary.’’. 

SEC. 3. DEFINITIONS. 

Section 637 of the Head Start Act (42 U.S.C. 9832) is amended— 


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(1) by redesignating paragraphs (16) and (17) as paragraphs (22) and (23), respectively, 

(2) by redesignating paragraph (15) as paragraph (20), respectively, 

(3) by redesignating paragraphs (11) through (14) as paragraphs (15) through 

(18), respectively, 

(4) by redesignating paragraph (10) as paragraph (13), 

(5) by redesignating paragraphs (2) through (9) as paragraphs (3) through 

(10), respectively, 

(6) by inserting after paragraph (1) the following: 

‘‘(2) The term ‘deficiency’ means—

‘‘(A) systemic or significant material failure of a Head Start agency in an 

area of performance that the Secretary determines involves—

‘‘(i) a threat to the health, safety, or civil rights of children or staff; 

‘‘(ii) a denial to parents of the exercise of their full roles and responsibilities related to program governance; 

‘‘(iii) a failure to perform the requirements of section 641A(a), as determined by the Secretary; 

‘‘(iv) the misuse of funds received under this subchapter; 

‘‘(v) loss of legal status (as determined by the Secretary) or financial 

viability, loss of permits, debarment from receiving Federal grants or 

contracts, or the improper use of Federal funds; or 

‘‘(vi) failure to meet any other of Federal or State requirement; or 

‘‘(B) material failure of the board of directors of a Head Start agency to 

meet its legal and fiduciary responsibilities.’’, 

(7) by inserting after paragraph (10), as so redesignated the following: 

‘‘(11) The term ‘homeless children’ has the meaning given such term in section 

725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)). 

‘‘(12) The term ‘homeless family’ means the family of a homeless child.’’, 

(8) by inserting after paragraph (13), as so redesignated the following: 

‘‘(14) The terms ‘limited English proficient’ and ‘limited English proficiency’

mean with respect to an individual, that such individual—

‘‘(A)(i) was not born in the United States or has a native language that 

is not English; 

‘‘(ii)(I) is a Native American, an Alaska Native, or a native resident of a 

territory or possession of the United States; and 

‘‘(II) comes from an environment in which a language that is not English 

has had a significant impact on such individual’s level of English language 

proficiency; or 

‘‘(iii) is migratory, has a native language that is not English, and comes 

from an environment in which a language that is not English is dominant; 

and 

‘‘(B) has difficulty in speaking or understanding the English language to 

an extent that may be sufficient to prevent such individual from—

‘‘(i) successful achievement in classrooms in which the language of instruction is English; or 

‘‘(ii) fully participating in society.’’, 

(9) by inserting after paragraph (18), as so redesignated the following: 

‘‘(19) The term ‘professional development’ means high quality activities that 

will improve the knowledge and skills of Head Start teachers and staff, as relevant to their roles and functions, in program administration and the provision 

of services and instruction, as appropriate, in a manner that improves service 

delivery to eligible children and families, including activities that—

‘‘(A) are part of a sustained effort to improve overall program quality and 

outcomes for eligible children and families; 

‘‘(B) are developed or selected with extensive participation of administrators and teachers from Head Start programs; 

‘‘(C) are developmentally appropriate for the children being served; 

‘‘(D) include instruction in ways that Head Start personnel may work 

more effectively with parents, as appropriate; 

‘‘(E) are designed to give teachers and staff the knowledge and skills to 

provide instruction and appropriate support services to children of diverse 

backgrounds, as appropriate; 

‘‘(F) if a 1-day or short-term workshop or conference, must be as part of 

the professional development plan defined in section 648A(f) and be delivered by an institution of higher education or other entity with expertise in 

delivering training in early childhood development, family support, and 

other assistance designed to improve the delivery of Head Start services; 

‘‘(G) assist teachers with—


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‘‘(i) the acquisition of the content knowledge and teaching strategies 

needed to provide effective instruction and other school readiness services in early language and literacy, early mathematics, early science, 

cognitive skills, approaches to learning, creative arts, science, physical 

health and development, and social and emotional development linked 

to school readiness; 

‘‘(ii) meeting the requirements in paragraphs (1) and (2) of section 

648A(a), as appropriate; 

‘‘(iii) improving classroom management skills, as appropriate; 

‘‘(iv) advancing understanding of effective instructional strategies 

that are—

‘‘(I) based on scientifically based research; and 

‘‘(II) aligned with—

‘‘(aa) the Head Start Child Outcomes Framework developed 

by the Secretary and State early learning standards, as appropriate; and 

‘‘(bb) the curricula, ongoing assessments, and other instruction and services designed to help meet the standards described in section 641A(a)(1); 

‘‘(v) acquiring the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of limited English proficient children, as appropriate; or 

‘‘(vi) methods of teaching children with disabilities, as appropriate.’’, 

(10) by inserting after paragraph (20), as so redesignated, the following: 

‘‘(21) The term ‘scientifically based research’—

‘‘(A) means research that involves the application of rigorous, systematic 

and objective procedures to obtain reliable and valid knowledge relevant to 

education activities and programs; and 

‘‘(B) includes research that—

‘‘(i) employs systematic, empirical methods that draw on observation 

or experiment; 

‘‘(ii) involves rigorous data analyses that are adequate to test the 

stated hypotheses and justify the general conclusions drawn; 

‘‘(iii) relies on measurements or observational methods that provide 

reliable and valid data across evaluators and observers, across multiple 

measurements and observations, and across studies by the same or different investigators; 

‘‘(iv) is evaluated using experimental or quasi-experimental designs 

in which individuals, entities, programs or activities are assigned to different conditions and with appropriate controls to evaluate the effects 

of the condition of interest, with a preference for random assignment 

experiments, or other designs to the extent that those designs contain 

within-condition or across-condition controls; 

‘‘(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and 

‘‘(vi) has been accepted by a peer-reviewed journal or approved by a 

panel of independent experts through a comparably rigorous, objective, 

and scientific review.’’, and 

(11) by amending paragraph (23), as so redesignated, to read as follows: 

‘‘(23) The term ‘State’ means a State, the Commonwealth of Puerto Rico, the 

District of Columbia, Guam, American Samoa, the Virgin Islands of the United 

States, the Commonwealth of the Northern Mariana Islands, and the Republic 

of Palau.’’. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to read as follows: 

‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this subchapter $7,350,000,000 for fiscal year 2008 and such sums as may be necessary for 

fiscal years 2009 through 2012. 

‘‘(b) SPECIFIC PROGRAMS.—From the amount appropriated under subsection (a), 

the Secretary shall make available to carry out research, demonstration, and evaluation activities (including longitudinal studies under section 649) not more than 

$20,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal the years 2009 through 2012, of which not more than $7,000,000 for each of the 

fiscal years 2008 through 2012 shall be available to carry out impact studies under 

section 649(g).’’. 


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SEC. 5. ALLOTMENT OF FUNDS; LIMITATION ON ASSISTANCE. 

(a) ALLOTMENT OF FUNDS.—Section 640(a) of the Head Start Act (42 U.S.C. 

9835(a)) is amended to read as follows: ‘‘(a) ALLOTMENT OF FUNDS.— ‘‘(1) IN GENERAL.—Of the funds appropriated under section 639, the Secretary 

shall allot such amounts in accordance with paragraphs (2) through (4), and 

subject to paragraphs (5) and (6). ‘‘(2) THIRTEEN PERCENT SET-ASIDE.—The Secretary shall reserve 13 percent of 

the amount appropriated for each fiscal year for use in accordance with the following order of priorities: ‘‘(A) SPECIAL POPULATIONS.—For Indian Head Start programs, services for 

children with disabilities, and migrant and seasonal Head Start programs, 

except that— ‘‘(i) there shall be made available for each fiscal year for use by Indian Head Start programs and by migrant and seasonal Head Start 

programs, on a nationwide basis, not less than the amount that was 

obligated for use by Indian Head Start programs and by migrant and 

seasonal Head Start programs for fiscal year 2007; ‘‘(ii) migrant and seasonal Head Start programs shall receive not less 

than 5 percent of the amount appropriated for each fiscal year until 

such time as the Secretary can make funding decisions to ensure access 

to funding for eligible children of migrant and seasonal farmworkers is 

comparable to access to funding for other eligible children based on the 

data collected and reported pursuant to section 648(l), except 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 such program on the date a reduction in funding 

occurs, and shall, to the extent possible, continue participation for children less than 3 years of age receiving services before such reduction 

in funding; and 

‘‘(iii) Indian Head Start programs shall receive not less than 3.5 percent of the amount appropriated for each fiscal year until such time as 

the Secretary can make funding decisions to ensure access to funding 

for eligible Indian children is comparable to access to funding for other 

eligible children based on the data collected in accordance with the requirements of section 648(k), except 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 such 

program on the date a reduction in funding occurs, and shall, to the 

extent possible, continue participation for children less than 3 years of 

age receiving services before such reduction in funding. 

‘‘(B) PAYMENTS TO TERRITORIES AND FREELY ASSOCIATED STATES.—Subject 

to paragraph (7), for payments to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United 

States, and the Republic of Palau, except that payments to the Republic of 

Palau shall not be made after fiscal year 2009. 

‘‘(C) TRAINING AND TECHNICAL ASSISTANCE.—Not less than 2 percent of 

the amount appropriated for such fiscal year for training and technical assistance activities to foster program quality and management improvement 

as described in section 648, of which—

‘‘(i) not less than 50 percent shall be available to local Head Start 

agencies to make program improvements identified by such agencies to 

use for the training and technical assistance activities described in section 648(j); 

‘‘(ii) not less than 30 percent shall be available to the Secretary to 

support a State-based system or a national system, in the case of migrant and seasonal Head Start and Indian Head Start programs, of 

early childhood education training and technical assistance to local 

Head Start agencies as described in section 648(n); and 

‘‘(iii) the remainder of such amount shall be available to the Secretary to assist local Head Start agencies in meeting and exceeding the 

standards described in section 641A(a)(1), including financial assistance 

to help Head Start programs address weaknesses identified by monitoring activities conducted by the Secretary under section 641A(c), except that—

‘‘(I) not less than $3,000,000 shall be available to carry out the 

activities described in section 648(c)(4); and 

‘‘(II) no more than $5,000,000 shall be reserved to carry out the 

activities described in section 642B(b). 


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‘‘(D) MONITORING AND TERMINATIONS.—For discretionary payments made 

by the Secretary, including payments for all costs (other than compensation 

of Federal employees) of reviews of Head Start agencies, programs under 

section 641A(c), and of activities carried out under paragraph (1), (2), or (3) 

of section 641A(d) related to correcting deficiencies and conducting proceedings to terminate the designation of Head Start agencies. 

‘‘(E) RESEARCH.—For payments for research, demonstration, and evaluation activities under section 649. 

No funds reserved under this paragraph or paragraph (3) may be combined with 

funds appropriated under any other Act if the purpose of combining funds is 

to make a single discretionary grant or a single discretionary payment, unless 

such funds appropriated under this subchapter are separately identified in such 

grant or payment and are used for the purposes of this subchapter. 

‘‘(3) QUALITY IMPROVEMENT FUNDS.—

‘‘(A) DETERMINATION OF FUNDS.—

‘‘(i) For each of the fiscal years 2008 through 2012, to provide assistance for activities specified in subparagraph (B), the Secretary shall reserve, from the amount (if any) by which the funds appropriated under 

section 639(a) for a fiscal year exceed the adjusted prior year appropriation, a share equal to the sum of—

‘‘(I) 60 percent of such excess amount; and 

‘‘(II) any additional part of such excess amount the Secretary 

may find necessary to address a demonstrated need for such activities. 

‘‘(ii) As used in clause (i), the term ‘adjusted prior year appropriation’

means, with respect to a fiscal year, the amount appropriated under 

section 639(a) for the preceding fiscal year, adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers 

(issued by the Bureau of Labor Statistics) during such preceding fiscal 

year. 

‘‘(B) QUALITY IMPROVEMENT ACTIVITIES.—Funds reserved under this paragraph shall be used to carry out the following activities: 

‘‘(i) Not less than one-fourth of the amount reserved under this paragraph, to improve the compensation, salary scales, and benefit standards of educational staff, family service workers, and child counselors, 

as described in sections 644(a) and 653, to ensure that salary levels and 

benefits are adequate to attract and retain qualified staff for such programs. 

‘‘(ii) Providing on-going professional development to teachers that improves their understanding of child development, content knowledge, 

and appropriate teaching strategies needed to provide effective instruction and other school readiness services in the areas of early language 

and literacy, early mathematics, cognitive skills, approaches to learning, creative arts, science, physical health and development, and social 

and emotional development. 

‘‘(iii) Improving the qualifications and skills of educational personnel 

to meet the professional standards established under section 

648A(a)(1), including providing assistance to complete postsecondary 

course work, subject to section 648A(a)(2)(D). 

‘‘(iv) Ensuring that the physical environments of Head Start programs are conducive to providing effective program services to children 

and families, and are accessible to children with disabilities and other 

individuals with disabilities. 

‘‘(v) Employing additional qualified classroom staff necessary to reduce the child to teacher ratio in the classroom and family to staff ratio 

for family services workers. 

‘‘(vi) Ensuring that such programs have qualified staff that can promote language skills and literacy growth of children and that can provide children with a variety of skills that have been identified, through 

scientifically based reading research, as predictive of later reading 

achievement. 

‘‘(vii) Increasing hours of program operation, including— ‘‘(I) conversion of part-day to full-day; and 

‘‘(II) number of weeks operated in a calendar year. 

‘‘(viii) Improving the compensation and benefits of staff of Head Start 

agencies in order to improve the quality of Head Start programs. 

‘‘(ix) Transportation costs associated with transporting Head Start 

children safely, except that—


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‘‘(I) no more than ten percent of funds under this paragraph may 

be used for such purposes; ‘‘(II) a Head Start agency shall demonstrate efforts to leverage 

the costs of transportation through collaboration with other entities; and ‘‘(III) a Head Start agency shall submit information to the Secretary describing how such use of funds is necessary to prevent reduction or termination of transportation services or, in the case of 

a Head Start agency serving a rural community, how such use of 

funds is necessary to improve services to such community. ‘‘(C) ALLOCATION.— ‘‘(i) Funds reserved under subparagraph (A) shall be allotted by the 

Secretary as follows: ‘‘(I) 80 percent of such funds shall be allotted among the States 

in the same proportion as the Secretary allots funds among the 

States under paragraph (4) for the respective fiscal year. ‘‘(II) 20 percent of such funds shall be allotted among the States, 

geographical areas specified in subsection (a)(2)(B) and Indian 

Head Start programs and migrant and seasonal Head Start programs, and used to make grants to Head Start agencies, at the discretion of the Secretary. 

‘‘(ii) Funds allotted under clause (i) shall be used by the Secretary to 

make grants to Head Start agencies that receive grants from funds allotted under paragraph (4) for such fiscal year, in such amounts as the 

Secretary considers to be appropriate, for expenditure for activities 

specified in subparagraph (B). 

‘‘(iii) Funds received under this subparagraph shall be used to supplement, not to supplant, funds received under paragraph (2) or (4). 

‘‘(4) GRANT DISTRIBUTION.—Subject to section 639(b), the Secretary shall allot 

the remaining amounts appropriated in each fiscal year among the States, in 

accordance with latest satisfactory data so that—

‘‘(A) each State receives an amount which is equal to the amount the 

State received for fiscal year 2007; and 

‘‘(B) any amount available after all allotments are made under subparagraph (A) for such fiscal year shall be distributed proportionately on the 

basis of the number of children less than 5 years of age from families whose 

income is below the poverty line. 

For purposes of this paragraph, for each fiscal year the Secretary shall use the 

most recent data available on the number of children less than 5 years of age 

from families whose income is below the poverty line, as published by the Department of Commerce, unless the Secretary and the Secretary of Commerce determine that use of the most recent data available would be inappropriate or 

unreliable. If the Secretary and the Secretary of Commerce determine that some 

or all of the data referred to in this paragraph are inappropriate or unreliable, 

the Secretaries shall issue a report setting forth their reasons in detail. 

‘‘(5) COLLABORATION GRANTS.—

‘‘(A) From amounts reserved and allotted under paragraph (4), the Secretary shall award the collaboration grants described in subparagraphs (B), 

(C), and (D). 

‘‘(B)(i) From the reserved sums, the Secretary shall award upon submission of a written request, a collaboration grant to each State and to each 

national administrative office serving Indian Head Start programs and migrant and seasonal Head Start programs to facilitate collaboration between 

Head Start agencies and entities (including the State or national administrative office) that carry out other activities designed to benefit low-income 

families and children from birth to school entry. The national administrative offices shall use the funds made available through the grants to carry 

out the authorities and responsibilities described in subparagraphs (B) and 

(C). 

‘‘(ii) Grants described in clause (i) shall be used to—

‘‘(I) assist Head Start agencies to collaborate with entities involved 

in State and local planning processes to better meet the needs of lowincome families and children from birth to school entry; 

‘‘(II) assist Head Start agencies to coordinate activities with the State 

agency responsible for administering the State program carried out 

under the Child Care and Development Block Grant Act of 1990 (42 

U.S.C. 9858 et seq.) and entities providing resource and referral services in the State, to make full-working-day and full calendar year services available to children; 


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‘‘(III) promote alignment of Head Start curricula and continuity of 

services with the Head Start Child Outcomes Framework and State 

early learning standards, as appropriate; 

‘‘(IV) promote better linkages between Head Start agencies and other 

child and family agencies, including agencies that provide health, mental health, or family services, or other child or family supportive services, such as services provided under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); 

and 

‘‘(V) carry out the activities of the State Director of Head Start Collaboration authorized in subparagraph (D). 

‘‘(C) In order to improve coordination and delivery of early education services to children in the State, a State that receives a collaboration grant 

under subparagraph (B) shall—

‘‘(i) appoint or designate an individual to serve as, or carry out the 

responsibilities of, the State Director of Head Start Collaboration; 

‘‘(ii) ensure that the State Director of Head Start Collaboration holds 

a position with sufficient authority and access to ensure that the collaboration described in subparagraph (B) is effective and involves a 

range of State agencies; and 

‘‘(iii) involve the State Head Start Association in the selection of the 

Director and involve the Association in determinations relating to the 

ongoing direction of the collaboration office. 

‘‘(D) The State Director of Head Start Collaboration shall—

‘‘(i) not later than 1 year after the State receives a collaboration 

grant under subparagraph (B), conduct an assessment that—

‘‘(I) addresses the needs of Head Start agencies in the State with 

respect to collaboration, coordination, and alignment of services, 

and alignment of curricula and assessments with the Head Start 

Child Outcomes Framework, and with State early learning standards, as appropriate; 

‘‘(II) shall be updated on an annual basis; and 

‘‘(III) shall be made available to the general public within the 

State; 

‘‘(ii) develop a strategic plan that is based on the assessment described in clause (i) that will—

‘‘(I) enhance collaboration and coordination of Head Start services with other entities providing early childhood programs and 

services (such as child care or services offered by museums), health 

care, mental health care, welfare, child protective services, education and community service activities, family literacy services, 

reading readiness programs (including such programs offered by 

public and school libraries), services relating to children with disabilities, other early childhood programs and services for limited 

English proficient children and homeless children, and services 

provided for children in foster care and children referred to Head 

Start programs by child welfare agencies, including agencies and 

State officials responsible for such services; 

‘‘(II) assist Head Start agencies to develop a plan for the provision of full-working-day, full calendar year services for children enrolled in Head Start programs who need such care; 

‘‘(III) assist Head Start agencies to align curricula and assessments with the Head Start Child Outcomes Framework and to the 

State early learning standards, as appropriate; and 

‘‘(IV) enable Head Start agencies in the State to better access 

professional development opportunities for Head Start staff, such 

as by—

‘‘(aa) working with local Head Start agencies to meet the degree requirements described in section 648A(a)(2)(A), including 

providing distance learning opportunities for Head Start staff, 

where needed to make higher education more accessible to 

Head Start staff; and 

‘‘(bb) enabling the State Head Start agencies to better conduct outreach to eligible families; 

‘‘(iii) promote partnerships between Head Start agencies, State and 

local governments, and the private sector to help ensure that children, 

who are in Head Start programs, are receiving comprehensive services 

to prepare the children to enter school ready to succeed; 


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‘‘(iv) consult with the chief State school officer, local educational 

agencies, and providers of early childhood education and care, regarding early care and education services at both the State and local levels; ‘‘(v) promote partnerships between Head Start agencies, schools, law 

enforcement, relevant community-based organizations, and substance 

abuse and mental health treatment agencies to strengthen family and 

community environments and to reduce the impact on child development of substance abuse, child abuse, domestic violence, and other high 

risk behaviors that compromise healthy development; ‘‘(vi) promote partnerships between Head Start agencies and other organizations in order to enhance Head Start program quality, including 

partnerships to promote inclusion of more books in Head Start classrooms; ‘‘(vii) identify other resources and organizations (both public and private) for the provision of in-kind services to Head Start agencies in the 

State; and ‘‘(viii) work with the State Early Learning Council in order to assist 

the efforts of Head Start agencies to engage in effective coordination 

and collaboration. ‘‘(6) EARLY HEAD START.— ‘‘(A) AMOUNTS RESERVED.—From amounts reserved and allotted pursuant 

to paragraphs (2) and (4), the Secretary shall use, for grants for programs 

described in section 645A(a), a portion of the combined total of such 

amounts that is not less than 12 percent for fiscal year 2008, not less than 

14 percent for fiscal year 2009, not less than 16 percent for fiscal year 2010, 

not less than 18 percent for fiscal year 2011, and not less than 20 percent 

for fiscal year 2012 of the amount appropriated pursuant to section 639(a). 

‘‘(B) LIMITATIONS.—

‘‘(i) For any fiscal year for which the Secretary determines that 

the amount appropriated under section 639(a) is not sufficient to 

permit the Secretary to reserve the portion described in subparagraph (A) without reducing the number of children served by Head 

Start programs or adversely affecting the quality of Head Start 

services, relative to the number of children served and the quality 

of the services during the preceding fiscal year, the Secretary may 

reduce the percentage of funds required to be reserved for the portion described in subparagraph (A) for the fiscal year for which the 

determination is made, but not below the percentage required to be 

so reserved for the preceding fiscal year. 

‘‘(ii) For any fiscal year for which the amount appropriated under 

section 639(a) is reduced to a level that requires a lower amount 

to be made available under this subchapter to Head Start agencies 

and entities described in section 645A, relative to the amount made 

available to such agencies and entities for the preceding fiscal year, 

adjusted as described in paragraph (3)(A)(ii), the Secretary shall 

proportionately reduce—

‘‘(I) the amounts made available to such entities for programs carried out under section 645A; and 

‘‘(II) the amounts made available to such Head Start agencies for Head Start programs. 

‘‘(7) For purposes of this subsection, the term ‘State’ does not include Guam, 

American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall 

Islands, and the Republic of Palau.’’. 

(b) SERVICE DELIVERY MODELS.—Section 640(f) of the Head Start Act (42 U.S.C. 

9835(f)) is amended to read as follows: 

‘‘(f) SERVICE DELIVERY MODELS.—

‘‘(1) Not later than 1 year after the date of the enactment of the Improving 

Head Start Act of 2007, the Secretary shall establish procedures to enable Head 

Start agencies to develop locally designed or specialized service delivery models 

to address local community needs, including models that leverage the existing 

capacity and capabilities of the delivery system of early childhood education and 

child care. 

‘‘(2) In establishing the procedures, the Secretary shall establish procedures 

to provide for—

‘‘(A) the conversion of part-day programs to full-day programs or part-day 

slots to full-day slots; and 

‘‘(B) serving additional infants and toddlers pursuant to section 

645(a)(4).’’. 


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(c) EXPANSION OF HEAD START PROGRAMS.—Section 640(g) of the Head Start Act 

(42 U.S.C. 9835(g)) is amended in paragraph (2)—

(1) by striking ‘‘For the purpose of expanding Head Start programs, in’’ and 

inserting ‘‘In’’, and 

(2) by amending subparagraphs (C) through (H) to read as follows: 

‘‘(C) the extent to which the applicant has undertaken community-wide strategic planning and needs assessments involving other community organizations 

and local public agencies serving children and families with Federal, State, or 

local funds (including organizations and agencies providing family support services, child abuse prevention services, protective services, and foster care, and organizations serving families in whose homes English is not the language customarily spoken), and individuals, organizations, and public entities serving 

children with disabilities or homeless children, including the local educational 

agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)); 

‘‘(D) the extent to which the family and community needs assessment of the 

applicant reflects a need to provide full working-day or full calendar year services and the extent to which, and manner in which, the applicant demonstrates 

the ability to collaborate and participate with the State and local community 

providers of child care or preschool services to provide full working-day full calendar year services; 

‘‘(E) the number of eligible children in each community who are not participating in a Head Start program or any other early childhood program; 

‘‘(F) the concentration of low-income families in each community; 

‘‘(G) the extent to which the applicant proposes to foster partnerships with 

other service providers in a manner that will leverage the existing delivery systems of such services and enhance the resource capacity of the applicant; 

‘‘(H) the extent to which the applicant, in providing services, successfully coordinated its activities with the local educational agency serving the community 

involved, (including the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11432(g)(1)(J)(ii)) and with schools in which children participating in a Head 

Start program operated by such agency will enroll following such program, regarding such services and the education services provided by such local educational agency; and 

‘‘(I) the amount of funds used by such agency to pay administrative expenses 

and the amount of available funds received by such agency under this section 

to service each enrolled child.’’. 

(d) TRANSPORTATION SAFETY.—

(1) REGULATIONS.—The Secretary shall issue regulations establishing requirements for the safety features, and the safe operation, of vehicles used by Head 

Start agencies to transport children participating in Head Start programs. 

(2) GOOD CAUSE WAIVER AUTHORITY.—The Secretary shall allow Head Start 

agencies to annually request a good cause exception to the requirements of regulations promulgated under paragraph (1) for one or more vehicles used by the 

agency or its designee in transporting children enrolled in a Head Start program or an Early Head Start program if—

(A) such requirements would create a safety hazard in the circumstances 

faced by such agency; or 

(B) such requirements pertain to child restraint systems (45 C.F.R. 

1310.11, 1310.15(a)) or bus monitors (45 C.F.R. 1310.15(c)); 

(C) the agency demonstrates that compliance with such requirements will 

result in a significant disruption to the Head Start program or the Early 

Head Start program; and 

(D) the waiver is in the best interest of the children involved. 

(e) MIGRANT AND SEASONAL HEAD START PROGRAMS.—Section 640(l) of the Head 

Start Act (42 U.S.C. 9835(l)) is amended—

(1) by amending paragraph (3) to read as follows: 

‘‘(3) In carrying out this subchapter, the Secretary shall continue the administrative arrangement at the national level for meeting the needs of Indian children and 

children of migrant and seasonal farmworkers and shall ensure that appropriate 

funding is provided to meet such needs, including training and technical assistance 

and the appointment of a national migrant and seasonal Head Start collaboration 

director and a national Indian Head Start collaboration director.’’, and 

(2) by adding at the end the following: 

‘‘(4)(A) For the purposes of paragraph (3), the Secretary shall conduct an annual 

consultation in each affected Head Start region, with tribal governments operating 

Head Start programs and Early Head Start programs. 


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‘‘(B) The consultations shall be for the purpose of better meeting the needs of Indian children and children of Alaskan Natives, and their families, in accordance 

with subsections (a), (b), and (c) of section 641, taking into consideration funding 

allocations, distribution formulas, and other issues affecting the delivery of Head 

Start services in their geographic locations. ‘‘(C) The Secretary shall publish a notification of the consultations in the Federal 

Register before conducting the consultations. ‘‘(D) A detailed report of each consultation shall be prepared and made available 

within 90 days of the annual consultation to all Indian tribes that receive assistance 

under this subchapter.’’. (f) ENROLLMENT OF HOMELESS CHILDREN; RULE OF CONSTRUCTION; MATERIALS.— Section 640 of the Head Start Act (42 U.S.C. 9835) is amended by adding at the 

end the following: ‘‘(m) ENROLLMENT OF HOMELESS CHILDREN.—The Secretary shall issue rules to 

establish policies and procedures to remove barriers to the enrollment and participation of homeless children in Head Start programs. Such rules shall require Head 

Start agencies— ‘‘(1) to implement policies and procedures to ensure that homeless children 

are identified and prioritized for enrollment; ‘‘(2) to allow homeless families to apply to, enroll in and attend Head Start 

programs while required documents, such as proof of residency, immunization 

and other medical records, birth certificates and other documents, are obtained 

within a reasonable time frame; and ‘‘(3) coordinate individual Head Start programs with efforts to implement subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11431–11435). ‘‘(n) RULE OF CONSTRUCTION.—Nothing in this subchapter shall be construed to 

require a State to establish a program of early education for children in the State, 

to require any child to participate in a program of early education, to attend school, 

or to participate in any initial screening before participating in such program, except as provided under sections 612(a)(3) and 635(a)(5) of the Individuals with Disabilities Education Act. ‘‘(o) MATERIALS.—All curricula and instructional materials funded under this subchapter shall be based on scientifically based research, age and developmentally appropriate, and focused on all areas of development (cognitive, social, emotional, and 

physical), learning (language and literacy, mathematics, science, and creative arts) 

and approaches to learning. Parents shall be permitted to inspect, upon request, any 

curricula or instructional materials used to carry out this subchapter.’’. 

SEC. 6. DESIGNATION OF HEAD START AGENCIES. 

Section 641 of the Head Start Act (42 U.S.C. 9836) is amended to read as follows: 

‘‘SEC. 641. DESIGNATION OF HEAD START AGENCIES. 

‘‘(a) AUTHORITY TO DESIGNATE.—The Secretary is authorized to designate as a 

Head Start agency any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, 

pursuant to the requirements of this section, except that until such time that the 

Secretary develops and implements the system of application review under this section, the Secretary is authorized to designate as a Head Start agency, any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, in the manner and process utilized by the Secretary prior to the enactment of the Improving Head Start Act of 

2007. 

‘‘(b) APPLICATION FOR GRANTS.—Each entity shall submit a plan to the Secretary, 

at such time and in such manner as the Secretary may require. 

‘‘(c) DEVELOPMENT OF APPLICATION REVIEW SYSTEM.—

‘‘(1) IN GENERAL.—The Secretary shall develop a system that integrates the 

recommendations of the expert panel convened under paragraph (3) to determine if a Head Start agency is providing a quality comprehensive early learning 

program that meets the educational, health, and nutritional needs of the children and families it serves, and meets program and financial management requirements and performance standards described in section 641A(a)(1), based 

on—

‘‘(A) annual budget data; 

‘‘(B) program reviews conducted under section 641A(c); 

‘‘(C) annual audits required under section 647; 

‘‘(D) classroom quality as measured under section 641A(c)(2)(H); and 

‘‘(E) Program Information Report. 

‘‘(2) EXPERT PANEL.—No later than six months after the enactment of the Improving Head Start Act of 2007, the Secretary shall convene an expert panel 


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of 7 members to make recommendations to the Secretary on the development 

of a transparent, reliable, and valid system for evaluating grant renewal applications. ‘‘(3) COMPOSITION OF EXPERT PANEL.—The Secretary, in convening such panel, 

shall appoint the following: ‘‘(A) 5 members, who are competent, by virtue of their training, expertise, 

and experience, in each of at least one of the following areas: ‘‘(i) Early childhood program accreditation or quality assessment. 

‘‘(ii) Research on early childhood development. 

‘‘(iii) Governance and finance of non-profit organizations. 

‘‘(iv) Delivery of services to children and families with limited English 

proficiency. ‘‘(v) Delivery of services to children with disabilities. ‘‘(B) An employee from the Office of Head Start. 

‘‘(C) An executive director of a Head Start agency. ‘‘(4) EXPERT PANEL REPORT.—Within 12 months of being convened by the Secretary, the expert panel shall issue a report to the Secretary that provides recommendations on a proposed system of application review that takes into account the criteria in paragraph (1) to evaluate whether a Head Start grantee 

is meeting mission to provide a high quality comprehensive early education program, including adequately meeting its governance and financial management 

requirements. 

‘‘(5) PUBLIC COMMENT; REPORT TO CONGRESS.—No later than 6 months after 

receiving the report described in paragraph (4), the Secretary shall publish a 

proposed system of application review in the Federal Register, providing at least 

90 days for public comment and shall provide a report to the Education and 

Labor Committee of the U.S. House of Representatives and the Health, Education, Labor, and Pensions Committee of the U.S. Senate that provides a detailed description of such proposed system, including clear rationale for any differences between the proposed system and the recommendations of the expert 

panel, if any such differences exist. 

‘‘(6) IMPLEMENTATION OF APPLICATION REVIEW SYSTEM.—After the Secretary 

has reviewed all public comments and finalized the system of application review, the Secretary will use this system to determine which grantees are successfully delivering a high quality comprehensive early education program. 

Grantees who are determined under such system to be—

‘‘(A) successfully delivering a high quality comprehensive early education 

program shall be designated a Head Start agency for a period of 5 years; 

‘‘(B) under-performing and may enter into an open competition as described in subsection (e); and 

‘‘(C) notwithstanding paragraph (B), if an Indian Head Start agency is determined to be underperforming, the Secretary shall engage in governmentto-government consultation with the appropriate tribal government or governments for the purpose of establishing a performance enhancement plan 

for that agency. Such plan is to be developed and implemented within 6 

months of the Secretary’s determination. Not more than 6 months after implementation of that plan, the Secretary shall re-evaluate the performance 

of the Indian Head Start agency. If the Indian Head Start agency remains 

underperforming, the Secretary shall conduct an open competition as described in subsection (e), subject to the following limitations: 

‘‘(i) Except as provided in paragraph (ii), a non-Indian Head Start 

agency may not receive a grant to carry out an Indian Head Start program. 

‘‘(ii) In a community in which there is no Indian Head Start agency 

available for designation to carry out an Indian Head Start program, 

a non-Indian Head Start agency, on an interim basis, may receive a 

grant to carry out an Indian Head Start program, but only until such 

time as an Indian Head Start agency in such community becomes available. 

‘‘(d) TRANSPARENCY, RELIABILITY, AND VALIDITY.—The Secretary shall ensure the 

system of application evaluation is fair, consistent, and transparent and applied in 

a manner that designates, in a timely manner grantees as Head Start agencies for 

a period of 5 years if such grantees are providing a high quality comprehensive 

early education program. The Secretary shall periodically evaluate whether the criteria are being applied in a manner that is transparent, reliable, and valid. 

‘‘(e) DESIGNATION WHEN NO ENTITY HAS PRIORITY.—

‘‘(1) IN GENERAL.—If no entity in a community is determined to be successfully delivering a high quality comprehensive early education program, as specified in subsection (c), the Secretary shall, after conducting an open competition, 


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designate for a 5-year period a Head Start agency from among qualified applicants in such community. ‘‘(2) CONSIDERATIONS IN DESIGNATION.—In selecting from among qualified applicants for designation as a Head Start agency, the Secretary shall consider the 

effectiveness of each such applicant to provide Head Start services, based on— ‘‘(A) any past performance of such applicant in providing services comparable to Head Start services, including how effectively such applicant provided such comparable services; ‘‘(B) the plan of such applicant to provide comprehensive health (including mental and behavioral health), educational, nutritional, social, and 

other services needed to prepare children to succeed in school and in life; ‘‘(C) the plan of such applicant to attract and retain qualified staff capable of delivering a high quality comprehensive early education program, including demonstrating the ability to provide adequate salary and benefits 

to maintain a high quality staff; ‘‘(D) the ability of such applicant to maintain child-teacher ratios and 

family service worker caseloads that reflect best practices and are tied to 

high quality service delivery; ‘‘(E) the capacity of such applicant to serve eligible children with curriculum and teaching practices that are based on scientifically based research, are developmentally appropriate, and that promote the school readiness of children participating in the program; 

‘‘(F) the plan of such applicant to meet standards set forth in section 

641A(a)(1), with particular attention to the standards set forth in subparagraphs (A) and (B) of such section; 

‘‘(G) the proposed budget and plan of such applicant to maintain strong 

fiscal controls and cost effective fiscal management; 

‘‘(H) the plan of such applicant to coordinate the Head Start program the 

applicant proposes to carry out, with other local early learning programs for 

young children, including—

‘‘(i) programs implementing grants under the Early Reading First 

and Even Start programs under subparts 2 and 3 of part B of title I 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6371 et seq., 6381 et seq.); 

‘‘(ii) and programs under section 619 and part C of the Individuals 

with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); 

‘‘(iii) State prekindergarten programs; 

‘‘(iv) child care programs; and 

‘‘(v) the educational programs that the children participating in the 

Head Start program will enter at the age of compulsory school attendance; 

‘‘(I) the plan of such applicant to coordinate the Head Start program that 

the applicant proposes to carry out, with public and private entities that 

are willing to commit resources to assist the Head Start program in meeting its program needs; 

‘‘(J) the plan of such applicant—

‘‘(i) to seek the involvement of parents (including grandparents and 

kinship caregivers, as appropriate) of children participating in the proposed Head Start program, in activities (at home and, if practicable, at 

the location of the Head Start program) designed to help such parents 

become full partners in the education of their children; 

‘‘(ii) to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level; 

‘‘(iii) to offer (directly or through referral to local entities, such as entities carrying out Even Start programs under subchapter 3 of part B 

of title I of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6381 et seq.), public and school libraries, and entities carrying 

out family support programs) to such parents—

‘‘(I) family literacy services; and 

‘‘(II) parenting skills training; 

‘‘(iv) to offer to parents of participating children, mental health services (either directly or through referral to local entities), including substance abuse counseling and information on maternal depression and 

on the effect of drug-exposure on infants and fetal alcohol syndrome; 

‘‘(v) at the option of such applicant, to offer (directly or through referral to local entities) to such parents—

‘‘(I) training in basic child development (including cognitive, social, and emotional development); 

‘‘(II) assistance in developing literacy and communication skills; 


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‘‘(III) opportunities to share experiences with other parents (including parent mentor relationships); 

‘‘(IV) regular in-home visitation; 

‘‘(V) mental and behavioral health services; or 

‘‘(VI) any other activity designed to help such parents become full 

partners in the education of their children; 

‘‘(vi) to provide, with respect to each participating family, a family 

needs assessment that includes consultation with such parents, in a 

manner and language that such parents can understand, about the 

benefits of parent involvement and about the activities described in 

subparagraph (H) in which such parents may choose to become involved (taking into consideration their specific family needs, work 

schedules, and other responsibilities); and 

‘‘(vii) to extend outreach to fathers, in appropriate cases, in order to 

strengthen the role of fathers in families, in the education of their 

young children, and in the Head Start program, by working directly 

with fathers and father figures through activities such as—

‘‘(I) in appropriate cases, including fathers in home visits and 

providing culturally appropriate opportunities for direct fatherchild interactions; and 

‘‘(II) targeting increased male participation in the conduct of the 

program; 

‘‘(K) the plan of such applicant to meet the needs of limited English proficient children and their families, including procedures to identify such 

children, plans to provide trained personnel, and plans to provide services 

to assist the children in making progress toward the acquisition of the 

English language, while making meaningful progress in attaining the 

knowledge, skills, abilities, and development described in section 

641A(a)(1)(B); 

‘‘(L) the plan of such applicant to meet the diverse cultural needs of the 

population served; 

‘‘(M) the plan of such applicant to meet the needs of children with disabilities; 

‘‘(N) the plan of such applicant who chooses to assist younger siblings of 

children who will participate in the Head Start program to obtain health, 

including mental health, services from other sources; 

‘‘(O) the plan of such applicant to collaborate with other entities carrying 

out public or private early childhood education and child care programs in 

the community; 

‘‘(P) the plan of such applicant to meet the needs of homeless children, 

including transportation needs, and children in foster care and children and 

families experiencing toxic stress; 

‘‘(Q) the plan of such applicant to maintain a qualified staff, including a 

teaching staff qualified to implement research-based curricula aligned with 

the Head Start Child Outcomes Framework developed by the Secretary and 

to the early learning standards in State in which such program would operate; 

‘‘(R) the plan of such applicant to enter into memoranda of understanding 

with local educational agencies within the service area, as described in section 642B(a); and 

‘‘(S) other factors related to the requirements of this subchapter. 

‘‘(f) INTERIM PROVIDER.—If no agency in the community receives priority designation under subsection (c), and there is no qualified applicant in the community, the 

Secretary shall designate a qualified agency to carry out the Head Start program 

in the community on an interim basis until a qualified applicant from the community is so designated. 

‘‘(g) PARENT AND COMMUNITY PARTICIPATION.—The Secretary shall require that 

the practice of significantly involving parents and area residents affected by the program in the selection of Head Start agencies be continued. 

‘‘(h) COMMUNITY.—For purposes of this subchapter, a community may be a city, 

county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any off-reservation area designated by an appropriate tribal government in consultation with the Secretary) or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a suitable organizational base and possesses the commonality of interest needed to operate a Head 

Start program.’’. 


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SEC. 7. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS. 

Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended to read as follows: 

‘‘SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS. 

‘‘(a) QUALITY STANDARDS.—

‘‘(1) ESTABLISHMENT OF STANDARDS.—The Secretary shall modify, as necessary, program performance standards by regulation applicable to Head Start 

agencies, programs, and projects under this subchapter, including—

‘‘(A) performance standards with respect to services required to be provided, including health, parental involvement, nutritional, social, transition 

activities described in section 642(d), and other services; 

‘‘(B) scientifically based and developmentally appropriate early learning 

standards related to school readiness that are based on the Head Start 

Child Outcomes Framework to ensure that the children participating in the 

program, at a minimum develop and demonstrate—

‘‘(i) language knowledge and skills, including oral language and listening comprehension; 

‘‘(ii) prereading knowledge and skills that prepare children for early 

literacy in schools including phonological awareness, print awareness 

and print skills, and alphabetic knowledge; 

‘‘(iii) mathematics knowledge and skills, including aspects of classification, seriation, number, spatial relations, and time; 

‘‘(iv) science knowledge and skills, including measurement; 

‘‘(v) cognitive abilities related to academic achievement and general 

knowledge; 

‘‘(vi) social and emotional development related to early learning, 

school success, social problem-solving, and overall well-being; 

‘‘(vii) approaches to learning related to child development and early 

learning; 

‘‘(viii) creative arts; and 

‘‘(ix) 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 

described in clauses (i) through (viii), including progress made through 

the use of culturally and linguistically appropriate instructional services; 

‘‘(C) administrative and financial management standards; 

‘‘(D) standards relating to the condition and location of facilities for such 

agencies, programs, and projects; and 

‘‘(E) such other standards as the Secretary finds to be appropriate. 

‘‘(2) CONSIDERATIONS IN DEVELOPING STANDARDS.—In developing the standards required under paragraph (1), the Secretary shall—

‘‘(A) consult with experts in the fields of child development, early childhood education, child health care, family services (including linguistically 

and culturally appropriate services to limited English proficient children 

and their families), administration, and financial management, and with 

persons with experience in the operation of Head Start programs; 

‘‘(B) take into consideration—

‘‘(i) past experience with use of the standards in effect under this 

subchapter on October 27, 1998; 

‘‘(ii) changes over the period since October 27, 1998, in the circumstances and problems typically facing children and families served 

by Head Start agencies; 

‘‘(iii) recommendations from the report on Developmental Outcomes 

and Assessments for Young Children by the National Academy of 

Sciences, when it becomes available; 

‘‘(iv) developments concerning research-based practices with respect 

to early childhood education and development, children with disabilities, family services, program administration, and financial management; 

‘‘(v) projected needs of an expanding Head Start program; 

‘‘(vi) guidelines and standards currently in effect or under consideration that promote child health services and physical development, including outdoor activity that supports children’s motor development 

and overall health and nutrition; 

‘‘(vii) changes in the population of children who are eligible to participate in Head Start programs, including the language and cultural 

background and family structure of such children; 


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‘‘(viii) mechanisms to ensure that children participating in Head 

Start programs make a successful transition to the schools that the 

children will be attending; and 

‘‘(ix) the unique challenges faced by individual programs, including 

those that are seasonal or short term, and those that serve rural populations; and 

‘‘(C)(i) review and revise as necessary the performance standards in effect 

under this subsection; and 

‘‘(ii) ensure that any such revisions in the performance standards will not 

result in the elimination of or any reduction in quality, scope or types of 

health, education, parental involvement, nutritional, social, or other services required to be provided under such standards as in effect on October 

27, 1998. 

‘‘(3) STANDARDS RELATING TO OBLIGATIONS TO DELEGATE AGENCIES.—In developing standards under this subsection, the Secretary shall describe the obligations of a Head Start agency to a delegate agency to which the Head Start agency has delegated responsibility for providing services under this subchapter and 

determine whether the Head Start agency complies with the standards. The 

Secretary shall consider such compliance during the review described in subsection (c)(1)(A) and in determining whether to renew financial assistance to the 

Head Start agency under this subchapter. 

‘‘(b) MEASURES.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with representatives of 

Head Start agencies and with experts in the fields of early childhood education 

and development, shall use the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences to provide guidance to Head Start agencies for utilizing scientifically-based measures that support, as appropriate—

‘‘(A) classroom instructional practices; 

‘‘(B) identification of special needs; and 

‘‘(C) program evaluation. 

‘‘(2) CHARACTERISTICS OF MEASURES.—The measures under this subsection 

shall 

‘‘(A) be developmentally, linguistically, and culturally appropriate for the 

population served; 

‘‘(B) be reviewed not less than every 4 years, based on advances in the 

science of early childhood development; 

‘‘(C) be consistent with relevant, nationally recognized professional and 

technical standards related to the assessment of young children; 

‘‘(D) be valid and reliable (in English, Spanish, and any other language, 

as appropriate); 

‘‘(E) be administered by staff with appropriate training for such administration; 

‘‘(F) provide appropriate accommodations for children with disabilities 

and children who are limited English proficient; and 

‘‘(G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised. 

‘‘(3) USE OF MEASURES; LIMITATIONS ON USE.—

‘‘(A) Measures shall be designed for the purpose of—

‘‘(i) promoting the skills, knowledge, and competencies of children 

participating in Head Start programs specified in subsection 

(a)(1)(B)(ii), with an emphasis on measuring skills that scientificallybased research has demonstrated are related to children’s school readiness and later success in school; 

‘‘(ii) improving classroom practices, including reviewing children’s 

strengths and weaknesses; 

‘‘(iii) identifying special needs; and 

‘‘(iv) improving overall program performance in order to help programs identify problem areas that may require additional training and 

technical assistance resources. 

‘‘(B) Such measures shall not be used to exclude children from Head Start 

programs. 

‘‘(4) SUSPENDED IMPLEMENTATION OF NATIONAL REPORTING SYSTEM.—The Secretary shall—

‘‘(A) suspend implementation and terminate further development and use 

of the National Reporting System; and 

‘‘(B) incorporate, as appropriate, recommendations from the study on Developmental Outcomes and Assessments for Young Children by the NaVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00015 Fmt 6659 Sfmt 6621 E:\HR\OC\HR067.XXX HR067

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tional Academy of Sciences into any assessment used in the Head Start programs, in accordance with paragraphs (2) and (3). ‘‘(5) SPECIAL RULE.—The use of assessment items and data on any assessment 

authorized under this subchapter by an agent or agents of the Federal Government to provide rewards or sanctions for individual children or teachers is prohibited. The Secretary shall not use the results of a single assessment as the 

sole or primary method for assessing program effectiveness or making grantee 

funding determinations at the national, regional, or local level. ‘‘(6) CONFIDENTIALITY.— ‘‘(A) The Secretary, through regulation, shall ensure the confidentiality of 

any personally identifiable data, information and records collected or maintained by the Secretary and any Head Start agency. Such regulations shall 

provide the policies, protections, and rights equivalent to those provided a 

parent, student, or educational agency or institution under section 444 of 

the General Education Provisions Act. ‘‘(B) Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable information on 

children participating in measures under this subsection. ‘‘(c) MONITORING OF LOCAL AGENCIES AND PROGRAMS.— ‘‘(1) IN GENERAL.—To determine whether Head Start agencies meet standards 

established under this subchapter with respect to program, administrative, financial management, and other requirements and in order to help programs 

identify areas for improvement and areas of strengths as part of an on-going 

self-assessment process, the Secretary shall develop and use a risk-based assessment system to conduct the following reviews of Head Start agencies, and 

of the Head Start programs operated by such agencies: 

‘‘(A) A full review of each such agency at least once during each 3-year 

period. 

‘‘(B) A review of each newly designated Head Start agency immediately 

after the completion of the first year such agency carries out a Head Start 

program. 

‘‘(C) Followup reviews, including unannounced reviews as appropriate, of 

programs with 1 or more findings of deficiencies not later than 12 months 

after the date of such finding. 

‘‘(D) other reviews, including unannounced site inspections of Head Start 

centers, as appropriate. 

‘‘(2) CONDUCT OF REVIEWS.—The Secretary shall ensure that reviews described in subparagraphs (A) through (C) of paragraph (1)—

‘‘(A) are conducted by review teams that—

‘‘(i) include individuals who are knowledgeable about Head Start programs and, to the maximum extent practicable, the diverse (including 

linguistic and cultural) needs of eligible children (including children 

with disabilities) and limited-English proficient children and their families; and 

‘‘(ii) include, to the maximum extent practicable, current or former 

employees of the Department of Health and Human Services who are 

knowledgeable about Head Start programs; 

‘‘(B) include as part of the reviews of the programs, a review and assessment of program strengths and areas in need of improvement; 

‘‘(C) include as part of the reviews of the programs, a review and assessment of whether programs have adequately addressed the population and 

community needs (including populations of children with limited English 

proficiency and children of migrant and seasonal farm-working families); 

‘‘(D) include as part of the review the extent to which the program addresses the community needs and strategic plan identified in section 

640(g)(2)(C); 

‘‘(E) include as part of the review the implementation by qualified individuals with demonstrated reliability, of a valid and reliable research-based 

observational instrument that assesses classroom quality, including multiple dimensions of teacher-child interactions that are linked to positive 

child development and later achievement; 

‘‘(F) are conducted in a manner that evaluates program performance, 

quality, and overall operations with consistency and objectivity, and based 

on a transparent and reliable system of review; 

‘‘(G) in the case of Early Head Start programs, are conducted by a review 

team that includes individuals who are knowledgeable about the development of infants and toddlers; and 

‘‘(H) include as part of the review a protocol for fiscal management that 

shall be used to assess the compliance with program requirements for—


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‘‘(i) using federal funds appropriately; 

‘‘(ii) using federal funds specifically to purchase property and to compensate personnel; ‘‘(iii) securing and using qualified fiscal officer support; and 

‘‘(iv) reporting financial information and implementing appropriate 

internal controls to safeguard federal funds. ‘‘(3) USE OF REVIEW FINDINGS.—The findings of the review shall, at a minimum—

‘‘(A) be presented to an agency in a timely, transparent, and uniform 

manner that conveys information of program strengths and weaknesses and 

assists with program improvement; and ‘‘(B) be used by the Head Start agencies to inform the development and 

implementation of their plan for training and technical assistance. ‘‘(d) EVALUATIONS AND CORRECTIVE ACTIONS FOR DELEGATE AGENCIES.— ‘‘(1) PROCEDURES.—The Head Start agency shall establish procedures relating 

to its delegate agencies, including— ‘‘(A) procedures for evaluating delegate agencies; 

‘‘(B) procedures for defunding delegate agencies; and 

‘‘(C) procedures for appealing a defunding decision relating to a delegate 

agency. ‘‘(2) EVALUATIONS.—Each Head Start agency—

‘‘(A) shall evaluate its delegate agencies using the procedures established 

under this section; and 

‘‘(B) shall inform the delegate agencies of the deficiencies identified 

through the evaluation that are required to be corrected. 

‘‘(3) REMEDIES TO ENSURE CORRECTIVE ACTIONS.—If the Head Start agency 

identifies a deficiency of a delegate agency through the evaluation, the Head 

Start agency may—

‘‘(A) initiate procedures to terminate the designation of the delegate agency unless such agency corrects the deficiency; and 

‘‘(B) conduct monthly monitoring visits to such delegate agency until all 

deficiencies are corrected or the Head Start agency decides to defund such 

delegate agency. 

‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed 

to modify, supersede, or affect the powers, duties, or functions of the Secretary 

with respect to Head Start agencies or delegate agencies that receive financial 

assistance under this subchapter. 

‘‘(e) CORRECTIVE ACTION; TERMINATION.—

‘‘(1) DETERMINATION.—If the Secretary determines, on the basis of a review 

pursuant to subsection (c), that a Head Start agency designated pursuant to 

section 641 fails to meet the standards described in subsection (a) or fails to 

adequately address the community needs and strategic plan identified in section 

640(g)(2)(C), the Secretary shall—

‘‘(A) inform the agency of the deficiencies that shall be corrected; 

‘‘(B) with respect to each identified deficiency, require the agency—

‘‘(i) to correct the deficiency immediately, if the Secretary finds that 

the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of Federal funds; 

‘‘(ii) to correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the 

Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or 

‘‘(iii) in the discretion of the Secretary (taking into consideration the 

seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) 

concerning a quality improvement plan; and 

‘‘(C) initiate proceedings to terminate the designation of the agency unless the agency corrects the deficiency. 

‘‘(2) QUALITY IMPROVEMENT PLAN.—

‘‘(A) AGENCY AND PROGRAM RESPONSIBILITIES.—To retain a designation as 

a Head Start agency under this subchapter, or in the case of a Head Start 

program to continue to receive funds from such agency, a Head Start agency, or Head Start program that is the subject of a determination described 

in paragraph (1) (excluding an agency or program required to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall—

‘‘(i) develop in a timely manner, a quality improvement plan that 

shall be subject to the approval of the secretary, or in the case of a program, the sponsoring agency, and which shall specify—


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‘‘(I) the deficiencies to be corrected; 

‘‘(II) the actions to be taken to correct such deficiencies; and 

‘‘(III) the timetable for accomplishment of the corrective actions 

specified; and 

‘‘(ii) eliminate each deficiency identified, not later than the date for 

elimination of such deficiency specified in such plan (which shall not 

be later than 10 months after the date the agency or program obtains 

approval of its quality improvement plan). 

‘‘(B) SECRETARIAL RESPONSIBILITY.—Not later than 30 days after receiving 

from a Head Start agency a proposed quality improvement plan pursuant 

to subparagraph (A), the Secretary shall either approve such proposed plan 

or specify the reasons why the proposed plan cannot be approved. 

‘‘(C) AGENCY RESPONSIBILITY FOR PROGRAM IMPROVEMENT.—Not later 

than 30 days after receiving from a Head Start program, a proposed quality 

improvement plan pursuant to subparagraph (A), the Head Start agency 

shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved. 

‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.—The Secretary shall provide training and technical assistance to Head Start agencies and programs with respect 

to the development or implementation of such quality improvement plans to the 

extent the Secretary finds such provision to be feasible and appropriate given 

available funding and other statutory responsibilities. 

‘‘(f) SUMMARIES OF MONITORING OUTCOMES.—Not later than 120 days after the 

end of each fiscal year, the Secretary shall publish a summary report on the findings of reviews conducted under subsection (c) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year. Such 

report shall be made available to all parents with children receiving assistance 

under this subchapter in an understandable and uniform format, and to the extent 

practicable, provided in a language that the parents can understand, and in addition, make the information widely available through public means such as distribution through public agencies, and at a minimum posting such information on the 

Internet immediately upon publication. Such reports shall contain detailed data on 

compliance with specific performance standards and measures sufficient to allow individual Head Start agencies to use such data to improve the quality of their program. 

‘‘(g) SELF-ASSESSMENTS.—

‘‘(1) IN GENERAL.—Not less frequently than once each program year, with the 

consultation and participation of policy councils, and as applicable, policy committees, and as appropriate, other community members, each Head Start agency and each delegate agency that receives financial assistance under this subchapter shall conduct a comprehensive self-assessment of its effectiveness and 

progress in meeting program goals and objectives (including professional development plans) and in implementing and complying with Head Start program 

performance standards. 

‘‘(2) REPORT AND IMPROVEMENT PLANS.—

‘‘(A) REPORT.—An agency conducting a self-assessment shall report the 

findings of the self-assessment to the relevant policy council, policy committee, governing body, and Secretary. Each self-assessment shall identify 

areas of strength and weakness. 

‘‘(B) IMPROVEMENT PLAN.—The agency shall develop and report to the 

Secretary an improvement plan approved by the governing body of the 

agency to strengthen any areas identified in the self-assessment as weaknesses or in need of improvement. 

‘‘(3) ONGOING MONITORING.—Each Head Start agency, delegate Head Start 

agency, and entity that carries out an Early Head Start program a shall establish and implement procedures for the ongoing monitoring of their respective 

programs, to ensure that the operations of the programs work toward meeting 

program goals and objectives and Head Start performance standards. 

‘‘(h) ENROLLMENT REPORTING REQUIREMENT.—

‘‘(1) Head Start agencies shall report on a regular basis to the Secretary—

‘‘(A) the actual enrollment in such program; and 

‘‘(B) if such actual enrollment is less than the funded enrollment, any apparent reason for such enrollment shortfall. 

‘‘(2) The Secretary shall determine on a regular basis which Head Start agencies are operating with an actual enrollment that is less than the funded enrollment and shall provide appropriate and timely training and technical assistance 

to increase actual enrollment, as appropriate. 

‘‘(3) In this subsection: 


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‘‘(A) The term ‘actual enrollment’ means, with respect to a Head Start 

program, the actual number of children enrolled in such program in a given 

month. 

‘‘(B) The term ‘base grant’ means, with respect to Head Start agency for 

a fiscal year, that portion of the grant derived from—

‘‘(i) amounts reserved for use in accordance with section 640(a)(2)(A), 

for a Head Start agency administering an Indian Head Start program 

or migrant and seasonal Head Start program; 

‘‘(ii) amounts reserved for payments under section 640(a)(2)(B); or 

‘‘(iii) amounts available under section 640(a)(2)(D) or allotted among 

States under section 640(a)(4). 

‘‘(C) The term ‘funded enrollment’ means, with respect to the program of 

a Head Start agency in a fiscal year, the number of children that the agency is funded to serve through a grant for the program during such fiscal 

year, as indicated in the grant award. 

‘‘(i) REDISTRIBUTION OF FUNDS.—Funds held by the Secretary as a result of recapturing, withholding, or reducing a base grant, except when such action is the result 

of an open competition 641(d)) or termination 646(d) shall be redistributed in such 

fiscal year as follows: 

‘‘(1) If such funds are derived from an Indian Head Start program, then such 

funds shall be redistributed to increase enrollment in such fiscal year in 1 or 

more Indian Head Start programs. 

‘‘(2) If such funds are derived from the operation of a migrant and seasonal 

Head Start program, then such funds shall be redistributed to increase enrollment in such fiscal year in 1 or more migrant and seasonal Head Start programs. 

‘‘(3) If such funds are derived from the operation of a Head Start program in 

a State (excluding Indian Head Start program and migrant and seasonal Head 

Start programs), then such funds shall be redistributed to increase enrollment 

in such fiscal year in 1 or more Head Start programs (excluding Indian Head 

Start programs and migrant and seasonal Head Start programs) that are carried out in such State, except that—

‘‘(A) not less than 50 percent of the funds shall be prioritized to increase 

the program participation of children and families served under Early Head 

Start; and 

‘‘(B) not less than 25 percent of the funds shall be prioritized to increase 

program participation of underserved populations of eligible children.’’. 

SEC. 8. POWERS AND FUNCTIONS OF HEAD START AGENCIES. 

Section 642 of the Head Start Act (42 U.S.C. 9837) is amended to read as follows: 

‘‘SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES. 

‘‘(a) LEGAL AUTHORITY.—To be designated as a Head Start agency under this subchapter, an agency must have authority under its charter or applicable law to receive and administer funds under this subchapter, funds and contributions from private or local public sources which may be used in support of a Head Start program, 

and funds under any Federal or State assistance program pursuant to which a public or private nonprofit or for-profit agency (as the case may be) organized in accordance with this subchapter, could act as grantee, contractor, or sponsor of projects 

appropriate for inclusion in a Head Start program. Such an agency must also be 

empowered to transfer funds so received, and to delegate powers to other agencies, 

subject to the powers of its governing board and its overall program responsibilities. 

The power to transfer funds and delegate powers must include the power to make 

transfers and delegations covering component projects in all cases where this will 

contribute to efficiency and effectiveness or otherwise further program objectives. 

‘‘(b) FAMILY AND COMMUNITY INVOLVEMENT; FAMILY SERVICES.—To be so designated, a Head Start agency shall, at a minimum, do all the following to involve 

and serve families and communities: 

‘‘(1) Establish effective procedures by which parents and area residents concerned will be enabled to directly participate in decisions that influence the 

character of programs affecting their interests. 

‘‘(2) Seek the involvement of parents, area residents, and local business in the 

design and implementation of the program. 

‘‘(3) Establish effective procedures 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, and to afford such parents 

the opportunity to participate in the development and overall conduct of the 

program at the local level, including a process through which parents of children currently participating in a Head Start program or an Early Head Start 


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program select the parent representatives to serve on the council under section 

642(b)(4)(B)(ii). ‘‘(4) Offer (directly or through referral to local entities, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.)), to parents of participating children, family literacy services and parenting skills training. ‘‘(5) Offer to parents of participating children mental health services (either 

directly or through referral to local entities), including substance abuse counseling, and including information on maternal depression and on drug-exposed 

infants and fetal alcohol syndrome. ‘‘(6) At the option of such agency, offer (directly or through referral to local 

entities) to such parents— ‘‘(A) training in basic child development (including cognitive, social, and 

emotional development); ‘‘(B) assistance in developing literacy and communication skills; 

‘‘(C) opportunities to share experiences with other parents (including parent-mentor relationships); ‘‘(D) mental and behavioral health services; 

‘‘(E) regular in-home visitation; or 

‘‘(F) any other activity designed to help such parents become full partners 

in the education of their children. 

‘‘(7) Provide, with respect to each participating family, a family needs assessment that includes consultation with such parents, in a manner and language 

that such parents can understand, about the benefits of parent involvement and 

about the activities described in paragraphs (5) through (8) in which such parents may choose to be involved (taking into consideration their specific family 

needs, work schedules, and other responsibilities). 

‘‘(8) Consider providing services to assist younger siblings of children participating in its Head Start program to obtain health, including mental health, 

services from other sources. 

‘‘(9) Perform community outreach to encourage individuals previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers. 

‘‘(10)(A) Inform custodial parents in single-parent families that participate in 

programs, activities, or services carried out or provided under this subchapter 

about the availability of child support services for purposes of establishing paternity and acquiring child support; and 

‘‘(B) Refer eligible parents to the child support offices of State and local governments. 

‘‘(11) Provide parents of limited English proficient children outreach and services under this subchapter, in an understandable and uniform format and, to 

the extent practicable, in a language that such parents can understand. 

‘‘(12) Provide technical and other support needed to enable parents and area 

residents to secure on their own behalf available assistance from public and private sources. 

‘‘(13) Promote the continued involvement of the parents (including grandparents and kinship caregivers, as appropriate) of children that participate in 

Head Start programs in the education of their children upon transition to 

school, the Head Start agency shall work with the local educational agency—

‘‘(A) to provide training to the parents; 

‘‘(i) to inform the parents about their rights and responsibilities concerning the education of their children; and 

‘‘(ii) to enable the parents—

‘‘(I) to understand and work with schools in order to communicate with teachers and other school personnel; 

‘‘(II) to support the schoolwork of their children; and 

‘‘(III) to participate as appropriate in decisions relating to the 

education of their children; and 

‘‘(B) to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and schoolrelated organizations. 

‘‘(14) Provide parents of a child suspected of having a disability information 

about services available under section 619 or part C of the Individuals With 

Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.) and refer such child 

to the appropriate agency for an evaluation of eligibility under such Act. 

‘‘(c) PROGRAM GOVERNANCE.—Head Start agencies must establish and maintain a 

formal structure of shared governance through which an independent governing 

body with legal and fiscal responsibility for administering and overseeing programs 


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under this subchapter and a parent policy council and parent policy committee, as 

appropriate, shall ensure that such agency operates a high quality Head Start program in compliance with all applicable Federal, State, and local laws. ‘‘(1) GOVERNING BODY.— ‘‘(A) COMPOSITION.—The governing body shall be composed as follows: ‘‘(i) Not less than 1 member with significant financial management 

or accounting experience. ‘‘(ii) Not less than 1 member shall have a background and expertise 

in early childhood development. ‘‘(iii) Not less than 1 member shall be a licensed attorney familiar 

with issues that come before the governing body. ‘‘(iv) Additional members shall be selected for their expertise in education, business administration, and community affairs and shall reflect the community served. ‘‘(v) Exceptions shall be made when members of the governing body 

oversee a public entity and are selected by public election or are political appointments. ‘‘(B) CONFLICT OF INTEREST.—Members of the governing body shall— ‘‘(i) not have a conflict of interest with the Head Start agency or delegate agencies, exceptions shall be made when a board member of a public entity is selected by election or politically appointed; 

‘‘(ii) not receive compensation for the purposes of serving on the governing body or for providing services to the Head Start agency, exceptions shall be made when a board member of a public entity is selected 

by election or politically appointed; 

‘‘(iii) not be employed nor shall members of their immediate family 

be employed by the Head Start agency or one of its delegate agencies, 

exceptions shall be made when a board member of a public entity is 

selected by election or politically appointed; and 

‘‘(iv) operate as an entity independent of staff employed by the Head 

Start agency entity or applicant, exceptions shall be made when a 

board member of a public entity is selected by election or politically appointed. 

‘‘(C) CONSULTANTS.—In the case that persons described in subparagraph 

(A) are not available to serve as members, the governing body shall make 

use of consultants in the areas described in subparagraph (A) to work directly with the governing body. 

‘‘(D) TRAINING.—All members of the governing body shall receive training 

in management responsibilities and obligations, ethics, and financial literacy management. 

‘‘(E) RESPONSIBILITIES OF GOVERNING BODY.—The governing body shall be 

responsible for—

‘‘(i) adoption of practices that assure active, independent and informed governance of the Head Start agency; 

‘‘(ii) oversight to ensure that the Head Start agency under the direction of the executive director is delivering high quality services to children and families in compliance with all applicable standards in effect 

under this subchapter and with the applicable performance measures 

established by the Secretary under section 644; 

‘‘(iii) establish an audit and finance committee whose primary responsibility shall be—

‘‘(I) to approve annually the operating budget of the Head Start 

agency; 

‘‘(II) to review and recommend to the governing body the selection of independent auditors who shall report all critical accounting 

policies and practices to the finance and audit committee, except 

when the auditor is assigned by the State under State law; 

‘‘(III) to review and recommend to the governing body the termination or extension of the existing audit firm at least once every 

5 years; 

‘‘(IV) to review and advise the governing body of the audit management letter provided pursuant to the chapter 75 of title 31, 

United States Code, and of any audit findings; and 

‘‘(V) to monitor agency actions to correct any such audit findings 

or other actions necessary to comply with applicable laws (including regulations) governing financial statements and accounting 

practices; 

‘‘(iv) approve all major policies of the agency, including the mission 

of the agency and policies addressing accounting, financial manageVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00021 Fmt 6659 Sfmt 6621 E:\HR\OC\HR067.XXX HR067

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ment, procurement, record confidentiality, and personnel (including 

specific standards governing salaries, salary adjustments, travel and 

per diem allowances, and other employee benefits); ‘‘(v) approve all major financial expenditures of the agency; 

‘‘(vi) approve the selection or dismissal of the Head Start Director or 

the equivalent position within the Head Start agency; ‘‘(vii) approve or disapprove all policies, applications, and decisions of 

the Policy Council made under the authority of paragraph (2); ‘‘(viii) to oversee the program planning of the Head Start agency, including adoption of policies for setting long- and short-range goals and 

objectives; ‘‘(ix) oversee and approve the agency’s applications to receive funds 

made available under this subchapter; and ‘‘(x) to establish, adopt and periodically update written standards of 

conduct that establish standards and formal procedures for disclosing, 

addressing, and resolving— ‘‘(I) any conflict of interest, and any appearance of a conflict of 

interest, by members of the governing body, officers, employees, 

consultants and agents who provide services or furnish goods to the 

Head Start agency; and ‘‘(II) complaints, including investigations, when appropriate. 

‘‘(2) POLICY COUNCIL.—

‘‘(A) COMPOSITION.—The Policy Council or Policy Committee, as appropriate, shall be composed as follows: 

‘‘(i) Members of the Policy Council shall be either parents of children 

currently enrolled in the Head Start agency’s (or delegate’s) Head Start 

or Early Head Start program or that are parents of children who were 

enrolled in the program in the previous year (Parent Members) or shall 

be members of the community served by the Head Start agency or delegate (Community Members). 

‘‘(ii) Parent members of the Policy Council shall constitute a majority 

of the members of the Policy Council and shall be elected by parents 

of currently enrolled children. 

‘‘(iii) Parent members shall represent, proportionately, all program 

options and settings operated by the Head Start agency or delegate. 

‘‘(iv) The term of a Policy Council member shall be no more than 2 

years and no Policy Council member shall serve longer than 6 years. 

‘‘(B) RESPONSIBILITIES OF POLICY COUNCIL.—In order to be designated as 

a Head Start agency, an entity or delegate of such an entity shall have a 

Policy Council which shall approve and submit to the governing body decisions about the following activities: 

‘‘(i) The strategic direction of the program, including long and shortterm planning goals and objectives (such planning and goals shall take 

into account the annual community assessment and self-assessment). 

‘‘(ii) Selection of delegate agencies and their service areas. 

‘‘(iii) Recruitment, selection and enrollment priorities. 

‘‘(iv) Funding applications and amendments to funding applications 

for Head Start or Early Head Start prior to submission of such applications. 

‘‘(v) Budget planning for program expenditures. 

‘‘(vi) Bylaws for the operation of the Policy Council including procedures by which Policy Council members are chosen. 

‘‘(vii) Program personnel policies, including standards of conduct for 

program staff, contractors and volunteers. 

‘‘(viii) Decisions regarding employment of Head Start staff other than 

the director and executive director. 

‘‘(ix) Activities to support the active involvement of parents in supporting program operations. 

‘‘(x) Program responsiveness to community and parent needs. 

‘‘(C) TRAINING.—Appropriate training and technical assistance shall be 

provided to the members of the Policy Council to ensure that the members 

understand the information the members receive and effectively oversee 

and participate in the programs of the Head Start agency or delegate. 

‘‘(3) IMPASSE POLICY.—The Secretary shall develop policies and procedures describing how Head Start agencies will implement shared decision-making, including a process for resolving any impasse between the Governing Body and 

the Policy Council. 

‘‘(d) COLLABORATION AND COORDINATION.—To be so designated, a Head Start 

agency must collaborate and coordinate with public and private entities to improve 


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the available services to Head Start children and families, including the following 

activities: ‘‘(1) Conduct outreach to schools in which children participating in Head Start 

programs enroll, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, and libraries 

to generate support and leverage the resources of the entire local community 

in order to improve school readiness. ‘‘(2) In communities where both public prekindergarten programs and Head 

Start programs operate, a Head Start agency shall collaborate and coordinate 

activities with the local educational agency or other public agency responsible 

for the operation of the prekindergarten program and providers of prekindergarten, including outreach activities to identify eligible children, as possible. ‘‘(3) Head Start agency staff shall, with the permission of the parents of children enrolled in Head Start programs, regularly communicate with the elementary schools such children will be attending— ‘‘(A) to share information about such children; and 

‘‘(B) to ensure a smooth transition to elementary school for such children. ‘‘(4) Each Head Start agency shall collaborate, as appropriate, with providers 

of social and community services available to children and families participating 

in Head Start programs, and may support such partnerships with financial 

agreements, when applicable, for the provision of such services. 

‘‘(5) A Head Start agency shall take steps to coordinate activities with the 

local educational agency serving the community involved and with schools in 

which children participating in a Head Start program operated by such agency 

will enroll following such program, including—

‘‘(A) collaborating on the shared use of transportation and facilities; 

‘‘(B) collaborating to enhance the efficiency of services while increasing 

the program participation of underserved populations of eligible children; 

and 

‘‘(C) exchanging information on the provision of noneducational services 

to such children. 

‘‘(6) The Secretary, in consultation with the Secretary of Education, shall—

‘‘(A) evaluate the effectiveness of the projects and activities funded under 

section 642A; 

‘‘(B) disseminate to Head Start agencies information (including information from the evaluation required by subparagraph (A)) on effective policies 

and activities relating to the transition of children from Head Start programs to public schools; and 

‘‘(C) provide technical assistance to such agencies to promote and assist 

such agencies to adopt and implement such effective policies and activities. 

‘‘(e) QUALITY STANDARDS, CURRICULA AND ASSESSMENT.—To be so designated, 

each Head Start agency shall—

‘‘(1) take steps to ensure, to the maximum extent possible, that children maintain the developmental and educational gains achieved in Head Start programs 

and build upon such gains in further schooling; 

‘‘(2) establish a program with standards set forth in section 641A(a)(1), with 

particular attention to the standards set forth in subparagraphs (A) and (B) of 

such section; 

‘‘(3) implement a research-based early childhood curriculum that promotes 

young children’s school readiness in the areas of language and cognitive development, early reading and premathematics skills, socio-emotional development, 

physical development, and approaches to learning. Such curricula shall be—

‘‘(A) based on scientifically based research and have standardized training 

procedures and curriculum materials to support implementation; 

‘‘(B) comprehensive, linked to ongoing assessment, with developmental 

and learning goals and measurable objectives; and focused on improving the 

learning environment, teaching practices, family involvement, and child 

outcomes across all areas of development; and 

‘‘(C) aligned to the Head Start Child Outcomes Framework developed by 

the Secretary and to State early learning standards, as appropriate; 

‘‘(4) use ongoing, research-based assessment methods that are developmentally appropriate, culturally and linguistically responsive, and tied to children’s daily activities in order to support the educational instruction of children 

in the program, including language skills, prereading knowledge and 

premathematics knowledge. Assessment instruments shall be those designed 

and validated for making decisions about teaching and learning and aligned 

with the programs curricula and section 641A(a)(1); 

‘‘(5) use high-quality research-based developmental screening tools that have 

been demonstrated to be standardized, reliable, valid, and accurate for children 


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from a range of racial, ethnic, linguistic, and cultural backgrounds, for the purpose of meeting the relevant performance standards; 

‘‘(6) adopt, in consultation with experts in child development and with classroom teachers, an assessment to be used when hiring or evaluating any classroom teacher in a center-based Head Start program. Such assessment shall 

measure whether such teacher has mastered the functions described in section 

648A(a)(1) and attained a level of literacy appropriate to implement Head Start 

curricula; 

‘‘(7) use the information provided from the assessment conducted under section 640A(C)(2)(H) to adopt a professional development plan that leads to improved teacher effectiveness; 

‘‘(8) establish measurable objectives for the provision of health, educational, 

nutritional, and social services related to the program mission and to school 

readiness and provided under this subchapter; and 

‘‘(9) develop procedures for identifying children as limited English proficient, 

and inform the parents of such children as to the instructional services used 

to help children make progress towards acquiring the knowledge and skills described in section 641A(a)(1)(B) and acquisition of the English language. 

‘‘(f) FUNDED ENROLLMENT; WAITING LIST.—Each Head Start agency shall 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. 

‘‘(g) TECHNICAL ASSISTANCE AND TRAINING PLAN.—In order to receive funds under 

this subchapter, a Head Start agency shall develop an annual technical assistance 

and training plan. Such plan shall be based on the agency’s self-assessment, the 

community-wide needs assessment, the needs of parents and children to be serviced 

by such agency, and the results of the reviews conducted under section 641A(c). 

‘‘(h) FINANCIAL MANAGEMENT.—In order to receive funds under this subchapter, 

a Head Start agency shall document strong fiscal controls, including the employment of well-qualified fiscal staff with a history of successful management of a public or private organization.’’. 

SEC. 9. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION. 

Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended to read as follows: 

‘‘SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION. 

‘‘Each Head Start agency shall take steps to coordinate with the local educational 

agency serving the community involved and with schools in which children participating in a Head Start program operated by such agency will enroll following such 

program to promote continuity of services and effective transitions, including—

‘‘(1) developing and implementing a systematic procedure for transferring, 

with parental consent, Head Start program records for each participating child 

to the school in which such child will enroll; 

‘‘(2) establishing ongoing channels of communication between Head Start staff 

and their counterparts in the schools (including teachers, social workers, 

McKinney-Vento liaisons as established under section 722 (g)(1)(J)(ii) of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and 

health staff) to facilitate coordination of programs; 

‘‘(3) establish on-going communication for developing continuity of developmentally appropriate curricula between Head Start and local educational agencies to ensure an effective transition and appropriate shared expectations for 

children’s learning and development as they make such transition to school; 

‘‘(4) organizing and participating in joint training, including transition-related 

training for school staff and Head Start staff; 

‘‘(5) conducting meetings involving parents, kindergarten or elementary school 

teachers, and Head Start program teachers to discuss the educational, developmental, and other needs of individual children; 

‘‘(6) helping parents of limited English Proficient children understand the 

method of instruction and other services provided by the school in which such 

child will enroll after participation in Head Start and as appropriate, information provided to parents of limited English proficient children under section 

3302 of title III of the Elementary and Secondary Education Act of 1965 

(20U.S.C. 7012); 

‘‘(7) developing and implementing a family outreach and support program in 

cooperation with entities carrying out parental involvement efforts under title 

I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

seq.) and family outreach and support efforts under subtitle B of title VII of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431–11435); 


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‘‘(8) assisting families, administrators, and teachers in enhancing educational 

and developmental continuity and continuity in parental involvement activities 

between Head Start services and elementary school classes; ‘‘(9) linking the services provided in such Head Start program with the education services, including services relating to language, literacy, and numeracy, 

provided by such local educational agency; ‘‘(10) helping parents (including grandparents and kinship caregivers, as appropriate) to understand the importance of parental involvement in a child’s academic success while teaching them strategies for maintaining parental involvement as their child moves from Head Start to elementary school; ‘‘(11) developing and implementing a system to increase program participation 

of underserved populations of eligible children; and ‘‘(12) coordinating activities and collaborating to ensure that curricula used in 

the Head Start program are aligned with— ‘‘(A) the Head Start Child Outcomes Framework as developed by the Secretary; and ‘‘(B) State early learning standards, as appropriate, with regard to cognitive, social, emotional, and physical competencies that children entering 

kindergarten are expected to demonstrate.’’. 

SEC. 10. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION. 

The Head Start Act (42 U.S.C. 9831) is amended by inserting after section 642A 

the following: 

‘‘SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION. 

‘‘(a) LOCAL INTEGRATION.—In general, Head Start agencies shall enter into ongoing partnerships with local educational agencies and with State-funded preschool 

and other early childhood programs. ‘‘(1) MEMORANDA OF UNDERSTANDING.—Each Head Start agency shall enter 

into a memorandum of understanding with any local educational agencies or 

local councils, responsible for managing publicly funded prekindergarten programs in the service area of the Head Start agency (or if such agencies and such 

councils are not applicable in the service area, with the largest provider of publicly funded prekindergarten in the service area), that shall include plans to coordinate the following activities: ‘‘(A) Educational activities, curricula, and instruction. 

‘‘(B) Public information dissemination and access to programs for families 

contacting any of the early childhood programs. ‘‘(C) Selection priorities for eligible children to be served by programs. 

‘‘(D) Service delivery areas. 

‘‘(E) Staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, and social 

and emotional development. 

‘‘(F) Program technical assistance. 

‘‘(G) Provision of additional services to meet the needs of working parents. 

‘‘(H) Planning and parent education for smooth transitions to kindergarten as required in section 642A(3) and 642A(6). 

‘‘(I) Provision and use of facilities, transportation, and other program elements. 

‘‘(J) Other elements mutually agreed to by the parties to such memorandum. 

‘‘(2) TIMING OF MEMORANDA.—Each Head Start agency shall enter into a 

memorandum of understanding under paragraph (1) not later than 1 year after 

the effective date of this section. 

‘‘(3) SECRETARIAL REVIEW.—Each memorandum of understanding entered into 

under paragraph (1) shall be submitted to the Secretary not later than 30 days 

after entering into such memorandum. 

‘‘(A) If a Head Start agency is unable to comply with the requirement in 

paragraph (1) the Head Start agency shall notify the Secretary and the 

chief executive officer of the State not later than 30 days after determining 

that they are unable to enter into such memorandum. The Secretary, in cooperation with the State Early Learning Council and the State Director of 

Head Start Collaboration, shall evaluate the causes of failure to enter into 

a memorandum of understanding under paragraph (1). With the assistance 

of the State Early Learning Council and the State Director of Head Start 

Collaboration, all parties shall again attempt to enter into a memorandum 

of understanding under paragraph (1). Then if no such memorandum of understanding is entered into, the Secretary shall make 1 of the following determinations: 


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‘‘(i) The local educational agency, local council, or other appropriate 

entity is unable or unwilling to enter into such a memorandum despite 

reasonable efforts on the part of the Head Start agency. ‘‘(ii) The Head Start agency has not engaged in reasonable efforts to 

successfully negotiate and enter into a memorandum of understanding 

pursuant to paragraph (1). ‘‘(iii) There is an absence of publicly funded prekindergarten in the 

service area of the Head Start agency. ‘‘(B) If the Secretary determines the Head Start agency is not making 

reasonable efforts to enter into a memorandum of understanding pursuant 

to paragraph (1), the Head Start agency shall be found to be noncompliant 

with program performance standards. ‘‘(C) If the Secretary concludes that the local educational agency, local 

council, or other appropriate entity is not making reasonable efforts to 

reach such a memorandum of understanding, the Head Start agency shall 

not be found out of compliance with paragraph (1). ‘‘(4) REVISION OF MEMORANDA.—Each memorandum of understanding shall be 

revised and renewed annually by the parties to such memorandum, in alignment with the beginning of the school year. ‘‘(5) ABSENCE OF PREKINDERGARTEN.—In the absence of publicly funded prekindergarten in the service area of a Head Start agency, the Head Start agency 

shall submit notice to the Secretary and the chief executive officer of the State 

and shall work with the State Early Learning Council and the State Director 

of Head Start Collaboration to improve coordination in their service area. 

‘‘(b) STATE EARLY LEARNING COUNCILS.—From the amounts reserved under section 640(a)(2)(C)(iii), the Secretary shall award, upon submission of a written request and pursuant to the requirements of paragraph (2), an early learning collaboration grant to each State for the purposes of supporting a State Early Learning 

Council responsible for advancing the development of a coordinated early childhood 

services delivery system in the State. A State that receives a grant under this subparagraph shall—

‘‘(1) establish a State Early Learning Council, which shall include—

‘‘(A) the State Director of Head Start Collaboration; 

‘‘(B) representatives from the State preschool programs; 

‘‘(C) representatives of local educational agencies; 

‘‘(D) the State official who oversees child care programs; 

‘‘(E) the State official who oversees section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); 

‘‘(F) the State official who oversees the State educational agency; 

‘‘(G) representatives from Head Start agencies located in the State, including migrant and seasonal Head Start programs and Indian Head Start 

programs; 

‘‘(H) representatives of local child care programs or organizations; and 

‘‘(I) a representative of the State agency responsible for health and mental health care; 

except that the chief executive officer of the State may designate an existing 

entity to serve as the Early Learning Council if such entity includes representatives described in this paragraph; 

‘‘(2) ensure that allotted funds distributed to a State for a fiscal year to carry 

out this subsection may be used by the State to pay not more than 50 percent 

of the cost of carrying out this subsection; 

‘‘(3) direct the early learning council to improve the coordination and quality 

of early childhood services within the State, including—

‘‘(A) to increase coordination and collaboration among State preschool, 

Head Start programs, child care programs, early childhood special education, and other early childhood programs, including in the areas of outcomes and standards, technical assistance, coordination of services, crosssector professional development and training, community outreach, communication, and better serving the needs of working families through provision 

of full-day and full-year early education services; 

‘‘(B) to work with State agencies responsible for education, child care, and 

early intervention to provide leadership and assistance to local Head Start 

programs, local education agencies, and State and locally funded preschool 

and child care programs to increase integration among early childhood programs through adoption of local memoranda of understanding described in 

subparagraph (A) and other means; 

‘‘(C) to work with State agencies responsible for education, child care, and 

early intervention to provide leadership and assistance to develop developmentally appropriate standards for children birth through the early elemenVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00026 Fmt 6659 Sfmt 6621 E:\HR\OC\HR067.XXX HR067

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tary grades to effect a smooth transition to and success in the early elementary grades; 

‘‘(D) to develop or conduct periodic Statewide needs assessments concerning early care and education programs for children from birth to school 

entry; 

‘‘(E) to work to identify and address barriers to and opportunities for integration between entities carrying out Federal and State child development, 

child care, and early childhood education programs; 

‘‘(F) to develop recommendations regarding means of establishing a unified data collection system for early care and education programs operating 

throughout the State; 

‘‘(G) to address coordination of early learning programs with health care 

(including mental and behavioral health care), welfare, family literacy and 

services for homeless children; 

‘‘(H) to support a State system of early childhood education, and training 

and technical assistance that improves the quality of early learning programs and the capacity of such programs to deliver services pursuant to 

section 648(b); 

‘‘(I) to develop a plan for increasing the participation of children underrepresented in State early childhood education and child care programs, including Head Start, State preschool programs, and programs carried out 

under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858 et seq.); 

‘‘(J) developing a Statewide professional development and career ladder 

plan for early care and education in the State; and 

‘‘(K) assisting 2- and 4-year public and private institutions of higher education to develop articulation agreements concerning degrees in early childhood and related fields. 

‘‘(4) Nothing in this subsection shall be construed to provide the Early Learning Council with authority to modify, supersede, or affect the operation of this 

subchapter. 

‘‘(5) Funds made available under this section shall be used to supplement, 

and not supplant, other Federal, State, and local funds that would otherwise 

be expended to carry out the purposes of this section.’’. 

SEC. 11. ADMINISTRATIVE REQUIREMENTS AND STANDARDS. 

Section 644 of the Head Start Act (42 U.S.C. 9839) is amended—

(1) by amending subsection (a) to read as follows: 

‘‘(a) IN GENERAL.—

‘‘(1) STANDARDS.—Each Head Start agency shall observe standards of organization, management, and administration which will ensure, so far as reasonably 

possible, that all program activities are conducted in a manner consistent with 

the purposes of this subchapter and the objective of providing assistance effectively, efficiently, and free of any taint of partisan political bias or personal or 

family favoritism. Each such agency shall establish or adopt rules to carry out 

this section, which shall include rules to assure full staff accountability in matters governed by law, regulations, or agency policy. Each agency shall also provide for reasonable public access to information, including public hearings at 

the request of appropriate community groups and reasonable public access to 

books and records of the agency or other agencies engaged in program activities 

or operations involving the use of authority or funds for which it is responsible. 

‘‘(2) ANNUAL REPORT.—Each Head Start agency shall make available to the 

public a report published at least once in each fiscal year that discloses the following information from the then most recently concluded fiscal year, except 

that reporting such information shall not reveal personally identifiable information about an individual child or parent: 

‘‘(A) The total amount of public and private funds received and the 

amount from each source. 

‘‘(B) An explanation of budgetary expenditures and proposed budget for 

the following fiscal year. 

‘‘(C) The total number of children and families served and percent of average monthly enrollment, including the percent of eligible children served. 

‘‘(D) The results of the most recent review by the Secretary and the financial audit. 

‘‘(E) The percentage of enrolled children that received medical and dental 

exams. 

‘‘(F) Information about parent involvement activities. 

‘‘(G) The agency’s efforts to prepare children for kindergarten. 

‘‘(H) Any other information required by the Secretary. 


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‘‘(3) PROCEDURAL CONDUCT.—Each such agency shall adopt for itself and other 

agencies using funds or exercising authority for which it is responsible, rules 

designed to—

‘‘(A) establish specific standards governing salaries, salary increases, 

travel and per diem allowances, and other employee benefits; 

‘‘(B) assure that only persons capable of discharging their duties with 

competence and integrity are employed and that employees are promoted 

or advanced under impartial procedures calculated to improve agency performance and effectiveness; 

‘‘(C) guard against personal or financial conflicts of interest; and 

‘‘(D) define employee duties in an appropriate manner which will in any 

case preclude employees from participating, in connection with the performance of their duties, in any form of picketing, protest, or other direct action 

which is in violation of law.’’, and 

(2) by amending subsection (f) to read as follows: 

‘‘(f) FACILITIES.—

‘‘(1) The Secretary shall establish uniform procedures for Head Start agencies 

to request approval to purchase facilities, or to request approval of the purchase 

(after December 31, 1986) of facilities, to be used to carry out Head Start programs. The Secretary shall suspend any proceedings pending against any Head 

Start agency to claim costs incurred in purchasing such facilities until the agency has been afforded an opportunity to apply for approval of the purchase and 

the Secretary has determined whether the purchase will be approved. The Secretary shall not be required to repay claims previously satisfied by Head Start 

agencies for costs incurred in the purchase of such facilities. 

‘‘(2) Financial assistance provided under this subchapter may not be used by 

a Head Start agency to purchase a facility (including paying the cost of amortizing the principal and paying interest on loans) to be used to carry out a Head 

Start program unless the Secretary approves a request that is submitted by 

such agency and contains—

‘‘(A) a description of the consultation conducted by the Head Start agency 

with the providers in the community demonstrating capacity and capability 

to provide services under this subchapter, and of the potential for collaboration with such providers and the cost effectiveness of such collaboration as 

opposed to the cost effectiveness of the purchase of a facility; 

‘‘(B) a description of the site of the facility proposed to be purchased or 

that was previously purchased; 

‘‘(C) the plans and specifications of such facility; 

‘‘(D) information demonstrating that—

‘‘(i) the proposed purchase will result, or the previous purchase has 

resulted, in savings when compared to the costs that would be incurred 

to acquire the use of an alternative facility to carry out such program; 

or 

‘‘(ii) the lack of alternative facilities will prevent, or would have prevented, the operation of such program; 

‘‘(E) in the case of a request regarding a previously purchased facility, information demonstrating that the facility will be used principally as a Head 

Start center, or a direct support facility for a Head Start program; and 

‘‘(F) such other information and assurances as the Secretary may require. 

‘‘(3) Upon a determination by the Secretary that suitable facilities are not otherwise available to Indian tribes to carry out Head Start programs, and that 

the lack of suitable facilities will inhibit the operation of such programs, the 

Secretary may authorize the use of financial assistance, from the amount reserved under section 640(a)(2)(A), to make payments for the purchase of facilities owned by such tribes. The amount of such a payment for such a facility 

shall not exceed the fair market value of the facility.’’. 

SEC. 12. PARTICIPATION IN HEAD START PROGRAMS. 

Section 645 of the Head Start Act (42 U.S.C. 9840) is amended—

(1) in subsection (a)—

(A) by amending paragraph (1)(B)(i) to read as follows: 

‘‘(i) programs assisted under this subchapter may include, to a reasonable extent, participation of children in the area served who would 

benefit from such programs, including children referred by child welfare services, but whose families do not meet the low-income criteria 

prescribed pursuant to subparagraph (A) (A homeless child shall be 

deemed to meet the low-income criteria.); and’’, and 

(B) by adding at the end the following: 


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‘‘(3) The amount of a basic allowance provided under section 403 of title 37, 

United States Code, on behalf of an individual who is a member of the uniformed 

services for housing that is acquired or constructed under the authority of subchapter IV of chapter 169 of title 10, United States Code, or any other related provision of law, shall not be considered to be income for purposes of determining the 

eligibility of a child of the individual for programs assisted under this subchapter. ‘‘(4)(A) Upon written request and pursuant to the requirements of this paragraph, 

a Head Start agency may use funds under section 640(a) to serve infants and toddlers if the agency submits an application to the Secretary containing the following 

information, as specified in rules issued by the Secretary— ‘‘(i) the amount of funds under section 640(a) that are proposed to be used 

in accordance with section 645A(b); ‘‘(ii) a community-wide needs assessment demonstrating how the use of such 

funds would best meet the needs of the community; ‘‘(iii) a description of how the needs of pregnant women, and of infants and 

toddlers, will be addressed in accordance with section 645A(b), and with regulations prescribed by the Secretary pursuant to section 641A in areas including 

the agency’s approach to child development and provision of health services, approach to family and community partnerships, and approach to program design 

and management; ‘‘(iv) a description of how the needs of eligible Head Start children will be met 

in the community; 

‘‘(v) assurances that the agency will participate in technical assistance activities (including a planning period, start-up site visits, and national training activities) in the same manner as recipients of grants under section 645A; and 

‘‘(vi) evidence that the agency meets the same eligibility criteria as recipients 

of grants under section 645A. 

‘‘(B) An application that satisfies the requirements specified in subparagraph (A) 

shall be approved by the Secretary unless the Secretary finds that—

‘‘(i) the agency lacks adequate capacity and capability to carry out an effective 

Early Head Start program; or 

‘‘(ii) the information provided under subparagraph (A) is inadequate. 

‘‘(C) Any Head Start agency approved under subparagraph (B) shall be considered 

to be an entity that receives assistance under section 645A, and such funds under 

(i) shall be subject to the same rules, regulations, and conditions as apply to recipients of grants under section 645A. 

‘‘(5)(A) Upon written request and pursuant to the requirements of this paragraph, 

a Head Start agency may consider children from low-income families to be eligible 

for participation in programs assisted under this subchapter if their family income 

is at or above the poverty line but below 130 percent of the poverty line, if the agency submits an application to the Secretary containing the following information, as 

specified in rules issued by the Secretary—

‘‘(i) a description of how the needs of eligible Head Start children, as described in paragraph (1)(A) are being adequately met in the agency’s service 

area; 

‘‘(ii) a description of outreach efforts to the community to reach full enrollment under the eligibility guidelines under paragraph (1), including using outreach efforts that are linguistically and culturally appropriate; 

‘‘(iii) assurance that the agency will prioritize serving children currently eligible under the guidelines under paragraph (1); and 

‘‘(iv) a description of why increasing the number of infants and toddlers being 

served, as described in paragraph (4), is not appropriate based upon the communitywide needs assessment or the agency’s capability. 

‘‘(B) In approving such applications, the Secretary shall take into account the—

‘‘(i) cost of living for families living the area served by the Head Start agency; 

‘‘(ii) the efforts the Head Start agency has undertaken to be fully enrolled under 

the eligibility criteria in paragraph (1); and 

‘‘(iii) the policies and procedures the Head Start agency will implement to ensure 

that children currently eligible under the criteria described under paragraph (1) will 

be prioritized. 

‘‘(C) No more than 20 percent of children served by such Head Start agency may 

be from families above the poverty line.’’, 

(2) in subsection (c) by striking ‘‘(age 3 to compulsory school attendance)’’, and 

(3) in subsection (d) by adding at the end the following: 

‘‘(4) Notwithstanding any other provision of this Act, an Indian tribe that operates 

both a Head Start program and an Early Head Start program under section 645A 

may, at its discretion, at any time during the grant period involved, reallocate funds 

between the Head Start program and the Early Head Start program in order to address fluctuations in client population, including pregnant women and children birth 


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to compulsory school age. The reallocation of such funds between programs by an 

Indian tribe shall not serve as the basis for the Secretary to reduce a base grant 

(as defined in section 641A(g)(1)) for either program in succeeding years.’’. 

SEC. 13. EARLY HEAD START PROGRAMS. 

Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended to read as follows: 

‘‘SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH CHILDREN UNDER 3 YEARS 

OF AGE. 

‘‘(a) IN GENERAL.—The Secretary shall make grants, in accordance with this section for programs (to be known as ‘Early Head Start programs’) that provide familycentered services for low-income families with very young children designed to promote the development of the children, and to enable their parents to fulfill their 

roles as parents and to move toward self-sufficiency. ‘‘(b) SCOPE AND DESIGN OF PROGRAMS.—In carrying out a program described in 

subsection (a), an entity receiving assistance under this section shall— ‘‘(1) provide, either directly or through referral, early, continuous, intensive, 

and comprehensive child development and family support services that will enhance the physical, social, emotional, and intellectual development of participating children; ‘‘(2) ensure that the level of services provided to families responds to their 

needs and circumstances; ‘‘(3) promote positive parent-child interactions; 

‘‘(4) provide services to parents to support their role as parents (including parenting skills training and training in basic child development) and to help the 

families move toward self-sufficiency (including educational and employment 

services as appropriate); ‘‘(5) coordinate services with services provided by programs in the State (including home-based services) and programs in the community (including programs for infants and toddlers with disabilities and programs for homeless infants and toddlers) to ensure a comprehensive array of services (such as health 

and mental health services and family support services); 

‘‘(6) ensure formal linkages with local Head Start programs in order to provide for continuity of services for children and families; 

‘‘(7) in the case of a Head Start agency that operates a program and that also 

provides Head Start services through the age of mandatory school attendance, 

ensure that children and families participating in the program receive such 

services through such age; 

‘‘(8) ensure formal linkages with the agencies and entities described in section 

644(b) of the Individuals with Disabilities Education Act (20 U.S.C. 1444(b)) and 

providers of early intervention services for infants and toddlers with disabilities 

under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) 

and the agency responsible for administering section 106 of the Child Abuse 

Prevention and Treatment Act (42 U.S.C. 5106a); 

‘‘(9) develop and implement a systematic procedure for transitioning children 

and parents from an Early Head Start program under this section into a Head 

Start program or other local early childhood education program; 

‘‘(10) establish channels of communication between staff of Early Head Start 

programs under this section and staff of Head Start programs or other local 

early childhood education programs, to facilitate the coordination of programs; 

and 

‘‘(11) meet such other requirements concerning design and operation of the 

program described in subsection (a) as the Secretary may establish. 

‘‘(c) PERSONS ELIGIBLE TO PARTICIPATE.—Persons who may participate in programs described in subsection (a) include—

‘‘(1) pregnant women; and 

‘‘(2) families with children under age 3; 

who meet the income criteria specified for families in section 645(a)(1). 

‘‘(d) ELIGIBLE SERVICE PROVIDERS.—To be eligible to receive assistance under this 

section, an entity shall submit an application to the Secretary at such time, in such 

manner, and containing such information as the Secretary may require. Entities 

that may apply to carry out activities under this section include—

‘‘(1) entities operating Head Start programs under this subpart; 

‘‘(2) Indian Head Start programs; and 

‘‘(3) other public entities, and nonprofit or for-profit private entities, including 

community-based and faith-based organizations, capable of providing child and 

family services that meet the standards for participation in programs under this 

subchapter and meet such other appropriate requirements relating to the activities under this section as the Secretary may establish. 


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‘‘(e) SELECTION OF GRANT RECIPIENTS.—From the portion specified in section 

640(a)(6), the Secretary shall award grants under this subsection on a competitive 

basis to applicants meeting the criteria specified in subsection (d) (giving priority 

to entities with a record of providing early, continuous, and comprehensive childhood development and family services). 

‘‘(f) DISTRIBUTION.—In awarding grants to eligible applicants under this section, 

the Secretary shall—

‘‘(1) ensure an equitable national geographic distribution of the grants; and 

‘‘(2) award grants to applicants proposing to serve communities in rural areas 

and to applicants proposing to serve communities in urban areas. 

‘‘(g) MONITORING, TRAINING, TECHNICAL ASSISTANCE, AND EVALUATION.—

‘‘(1) REQUIREMENT.—To ensure the successful operation of programs assisted 

under this section, the Secretary shall use funds from the portion specified in 

section 640(a)(6) to monitor the operation of such programs, evaluate their effectiveness, and provide training and technical assistance tailored to the particular 

needs of such programs. 

‘‘(2) TRAINING AND TECHNICAL ASSISTANCE ACCOUNT.—

‘‘(A) IN GENERAL.—Of the amount made available to carry out this section 

for any fiscal year, not less than 5 percent and not more than 10 percent 

shall be reserved to fund a training and technical assistance account. 

‘‘(B) ACTIVITIES.—Funds in the account may be used by the Secretary for 

purposes including—

‘‘(i) making grants to, and entering into contracts with, organizations 

with specialized expertise relating to infants, toddlers, and families and 

the capacity needed to provide direction and support to a national 

training and technical assistance system, in order to provide such direction and support; 

‘‘(ii) providing ongoing training and technical assistance for regional 

and program staff charged with monitoring and overseeing the administration of the program carried out under this section; 

‘‘(iii) providing ongoing training and technical assistance for existing 

recipients (as of the date of such training or assistance) of grants under 

subsection (a) and support and program planning and implementation 

assistance for new recipients of such grants; 

‘‘(iv) providing professional development and personnel enhancement 

activities, including the provision of funds to recipients of grants under 

subsection (a) for the recruitment and retention of qualified staff with 

an appropriate level of education and experience; and 

‘‘(v) providing professional development designed to increase program 

participation for underserved populations of eligible children. 

‘‘(h) CENTER-BASED STAFF.—The Secretary shall ensure that, not later than September 30, 2009, all teachers providing direct services to children and families participating in early Head Start programs located in early Head Start centers have 

a minimum of a child development associate credential, and have been trained (or 

have equivalent course work) in early childhood development. 

‘‘(i) STAFF QUALIFICATIONS AND DEVELOPMENT.—

‘‘(1) HOME VISITOR STAFF STANDARDS.—In order to further enhance the quality 

of home visiting services provided to families of children participating in homebased, center-based, or combination program options under this subchapter, the 

Secretary shall establish standards for training, qualifications, and the conduct 

of home visits for home visitor staff in Early Head Start programs. 

‘‘(2) CONTENTS OF STANDARDS.—The standards for training, qualifications, and 

the conduct of home visits shall include content related to—

‘‘(A) structured child-focused home visiting that promotes parents’ ability 

to support the child’s cognitive, social, emotional, and physical development; 

‘‘(B) effective strengths-based parent education, including methods to encourage parents as their child’s first teachers; 

‘‘(C) early childhood development with respect to children from birth 

through age 3; 

‘‘(D) methods to help parents promote emergent literacy in their children 

from birth through age 3; 

‘‘(E) ascertaining what health and developmental services the family receives and working with these providers to eliminate gaps in service by offering annual health, vision, hearing, and developmental screening for children from birth to entry into kindergarten, when needed; 

‘‘(F) strategies for helping families coping with crisis; and 

‘‘(G) the relationship of health and well-being of pregnant women to prenatal and early child development.’’. 


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SEC. 14. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES. 

The Head Start Act (42 U.S.C. 9831) is amended by inserting after section 645A 

the following: 

‘‘SEC. 645B. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES. 

‘‘(a) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘health care service’ includes— ‘‘(A) any nonemergency intrusive physical examination; and 

‘‘(B) any screening, including but not limited to, a medical, dental, developmental, mental health, social, or behavioral screening. ‘‘(2) The term ‘nonemergency intrusive physical examination’ means, with respect to a child, a physical examination that— ‘‘(A) is not immediately necessary to protect the health or safety of such 

child, or the health or safety of another individual; and ‘‘(B) includes incision or is otherwise invasive, or includes exposure of private body parts. ‘‘(b) REQUIREMENT.—Before administering any health care service to a child (or 

referring a child to obtain such service) in connection with participation in a program under this subchapter, a Head Start agency and an entity that receives assistance under section 645A shall obtain the written consent of a parent of such child 

indicating consent for each specific health care service to be performed. ‘‘(c) RULE OF CONSTRUCTION.— ‘‘(1) Nothing in this section shall be construed to prohibit a Head Start agency 

or an entity that receives assistance under section 645A from using established 

methods for handling cases of suspected or known child abuse and neglect, that 

are in compliance with applicable Federal, State, or tribal law. ‘‘(2) Nothing in this subchapter shall be construed to permit a Head Start 

agency, an entity that receives assistance under section 645A, or the personnel 

of such agency or entity to administer any health care service to a child (or to 

refer a child to obtain such service) without the informed written consent of a 

parent of such child indicating consent for each specific health care service to 

be performed. 

‘‘(3) Nothing in this section shall be construed to require a Head Start agency 

or an entity that receives assistance under section 645A to provide separate 

consent forms for each specific health care service.’’. 

SEC. 15. APPEALS, NOTICE, AND HEARING. 

Section 646(a)(3) of the Head Start Act (42 U.S.C. 9841(a)(3)) is amended to read 

as follows: 

‘‘(3) if financial assistance under this subchapter is terminated or reduced, an 

application for a noncompeting continuation award is denied based on a previous failure to comply with terms applicable to financial assistance previously 

provided under this subchapter, or suspension of financial assistance is continued for more than 30 days, the recipient with respect to whom such action is 

taken shall have the opportunity to appeal such action in accordance with such 

procedures, except that no funds made available under this subchapter may be 

used to reimburse any such recipient for legal fees and other costs incurred in 

pursuing such an appeal; and’’. 

SEC. 16. RECORDS AND AUDITS. 

Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by adding at the 

end the following: 

‘‘(c) Each recipient of financial assistance under this subchapter shall—

‘‘(1) maintain, and annually submit to the Secretary, a complete accounting 

of its administrative expenses (including a detailed statement identifying the 

amount of financial assistance provided under this subchapter used to pay expenses for salaries and compensation and the amount (if any) of other funds 

used to pay such expenses); 

‘‘(2) within 30 days after the completion of an audit conducted in the manner 

and to the extent provided in chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act Amendments of 1996’), submit to the Secretary a copy of the audit management letter and of any audit findings as it 

relates to the Head Start program; and 

‘‘(3) provide such additional documentation as the Secretary may require.’’. 

SEC. 17. TECHNICAL ASSISTANCE AND TRAINING. 

Section 648 of the Head Start Act (42 U.S.C. 9843) is amended to read as follows: 

‘‘SEC. 648. TECHNICAL ASSISTANCE AND TRAINING. 

‘‘(a) The Secretary shall provide, directly or through grants or other arrangements—


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‘‘(1) technical assistance to communities in developing, conducting, and administering programs under this subchapter; and ‘‘(2) training for specialized or other personnel needed in connection with 

Head Start programs, in accordance with the process, and the provisions for allocating resources, set forth in subsections (b) and (c). ‘‘(b) The process for determining the technical assistance and training activities 

to be carried out under this section shall— ‘‘(1) ensure that the needs of local Head Start agencies and programs relating 

to improving program quality and to program expansion are addressed to the 

maximum extent feasible; ‘‘(2) incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the individuals and agencies 

carrying out Head Start programs; and ‘‘(3) ensure the provision of technical assistance to assist Head Start agencies, 

entities carrying out other child care and early childhood programs, communities, and States in collaborative efforts to provide quality full-working-day, 

full calendar year services, including technical assistance related to identifying 

and assisting in resolving barriers to collaboration. ‘‘(c) In allocating resources for technical assistance and training under this section, the Secretary shall— ‘‘(1) give priority consideration to—

‘‘(A) activities to correct program and management deficiencies identified 

through reviews carried out pursuant to section 641A(c) (including the provision of assistance to local programs in the development of quality improvement plans under section 641A(d)(2)); and 

‘‘(B) assisting Head Start agencies in—

‘‘(i) ensuring the school readiness of children; and 

‘‘(ii) meeting the educational performance measures described in section 641A(b)(4); 

‘‘(2) supplement amounts provided under section 640(a)(3)(C)(ii) in order to 

address the training and career development needs of classroom staff (including 

instruction for providing services to children with disabilities), and nonclassroom staff, including home visitors and other staff working directly with families, including training relating to increasing parent involvement and services 

designed to increase family literacy and improve parenting skills; 

‘‘(3) assist Head Start agencies in the development of collaborative initiatives 

with States and other entities within the States, to foster effective early childhood professional development systems; 

‘‘(4) provide technical assistance and training, either directly or through a 

grant, contract, or cooperative agreement with an entity that has experience in 

the development and operation of successful family literacy services programs, 

for the purpose of—

‘‘(A) assisting Head Start agencies providing family literacy services, in 

order to improve the quality of such family literacy services; and 

‘‘(B) enabling those Head Start agencies that demonstrate effective provision of family literacy services, based on improved outcomes for children 

and their parents, to provide technical assistance and training to other 

Head Start agencies and to service providers that work in collaboration 

with such agencies to provide family literacy services; 

‘‘(5) assist Head Start agencies and programs in conducting and participating 

in community-wide strategic planning and needs assessment, including the 

needs of homeless children and their families; 

‘‘(6) assist Head Start agencies and programs in developing and implementing 

full-working-day and full-calendar-year programs where community need is 

clearly identified and making the transition to such programs, with particular 

attention to involving parents and programming for children throughout the 

day, and assist the agencies and programs in expediting the sharing of information about innovative models for providing full-working-day, full calendar year 

services for children; 

‘‘(7) assist Head Start agencies in better serving the needs of families with 

very young children; 

‘‘(8) assist Head Start agencies and programs in the development of sound 

management practices, including financial management procedures; 

‘‘(9) assist in efforts to secure and maintain adequate facilities for Head Start 

programs; 

‘‘(10) assist Head Start agencies in developing innovative program models, including mobile and home-based programs; 

‘‘(11) provide support for Head Start agencies (including policy councils and 

policy committees) that meet the standards described in section 641A(a) but 


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that have, as documented by the Secretary through reviews conducted pursuant 

to section 641A(c), significant programmatic, quality, and fiscal issues to address; ‘‘(12) assist Head Start agencies and programs in increasing program participation of homeless children; ‘‘(13) assist Head Start agencies and Head Start programs in improving outreach to, and the quality of services available to, limited English proficient children and their families, particularly in communities that have experienced a 

large percentage increase in the population of limited English proficient individuals, as measured by the Bureau of the Census; ‘‘(14) assist Head Start agencies in developing appropriate methods and approaches for identifying and working with children and families experiencing 

toxic stress; ‘‘(15) assist programs in improving outreach to serve additional children with 

disabilities, if such program’s enrollment opportunities or funded enrollment for 

children with disabilities is less than 10 percent; and ‘‘(16) provide assistance to address and remove barriers related to recruitment 

and retention of Head Start teachers for rural communities, and remove barriers related to outreach efforts to eligible families in rural communities. ‘‘(d) The Secretary may provide, either directly or through 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. Special consideration shall be given 

to entities that have demonstrated effectiveness in educational programming for 

preschool children that includes components for parental involvement, care provider 

training, and developmentally appropriate related activities. 

‘‘(e) The Secretary shall provide, either directly or through grants or other arrangements, funds from programs authorized under this subchapter 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, training for personnel providing services to 

limited English proficient children (including services to promote the acquisition of 

the English language), training for personnel providing services to children determined to be abused or neglected, training for personnel providing services to children referred by or receiving child welfare services, training for personnel in helping 

children cope with community violence, resource access projects for personnel working with disabled children, and training for appropriate personnel to recognize common health, including mental health, problems in children for appropriate referral. 

‘‘(f) The Secretary shall provide, either directly or through grants, or other arrangements, funds for training of Head Start personnel in addressing the unique 

needs of migrant and seasonal working families, families with 1 or more children 

with disabilities, families with a limited English proficiency, homeless families, and 

children and families experiencing toxic stress. 

‘‘(g) More than 50 percent of funds expended under this section shall be used to 

provide high quality, sustained, intensive, and classroom-focused training and technical assistance in order to have a positive and lasting impact on classroom instruction. Funds shall be used to carry out activities related to any or all of the following: 

‘‘(1) Education and early childhood development. 

‘‘(2) Child health, nutrition, and safety. 

‘‘(3) Family and community partnerships and services. 

‘‘(4) Other areas that impact the quality or overall effectiveness of Head Start 

programs. 

‘‘(h) The Secretary shall develop and implement a program of outreach 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 backgrounds. 

‘‘(i) Funds under this subchapter used for training shall be used for needs identified annually by a grant applicant or delegate agency in their program improvement 

plan, except that funds shall not be used for long-distance travel expenses for training activities available locally or regionally or for training activities substantially 

similar to locally or regionally available training activities. 

‘‘(j) Funds made available under section 640(a)(2)(C)(i) shall be used by a Head 

Start agency for any of the following: 

‘‘(1) Activities that ensure that Head Start programs meet or exceed the program performance standards described in section 641A(a)(1). 

‘‘(2) Activities that ensure that Head Start programs have adequate numbers 

of trained, qualified staff who have skills in working with children and families, 

including children and families who are limited English proficient and children 

with disabilities. 


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‘‘(3) Activities to pay expenses, including direct training for expert consultants 

working with any staff, to improve the management and implementation of 

Head Start services and systems. 

‘‘(4) Activities that help ensure that Head Start programs have qualified staff 

who can promote language skills and literacy growth of children and who can 

provide children with a variety of skills that have been identified as predictive 

of later reading achievement, school success, and the skills, knowledge, abilities, 

development, and progress described in section 641A(a)(1)(B)(ii). 

‘‘(5) Activities to improve staff qualifications and to assist with the implementation of career development programs and to encourage the staff to continually 

improve their skills and expertise, including developing partnerships with programs that recruit, train, place, and support college students in Head Start centers to deliver an innovative early learning program to preschool children. 

‘‘(6) Activities that help local programs ensure that the arrangement, condition, and implementation of the learning environments in Head Start programs 

are conducive to providing effective program services to children and families. 

‘‘(7) Activities to provide training necessary to improve the qualifications of 

Head Start staff and to support staff training, child counseling, health services, 

and other services necessary to address the needs of children enrolled in Head 

Start programs, including children from families in crises, children who experience chronic violence or homelessness, children who experience substance abuse 

in their families, and children under 3 years of age, where applicable. 

‘‘(8) Activities to provide classes or in-service-type programs to improve or enhance parenting skills, job skills, adult and family literacy, including financial 

literacy, or training to become a classroom aide or bus driver in a Head Start 

program. 

‘‘(9) Additional activities deemed appropriate to the improvement of Head 

Start agencies’ programs, as determined by the agencies’ technical assistance 

and training plans. 

‘‘(10) Any other activities regarding the use of funds as determined by the 

Secretary. 

‘‘(k) The Secretary shall—

‘‘(1) work in collaboration with the Head Start agencies that carry out Indian 

Head Start programs, the Indian Head Start collaboration director, and other 

appropriate entities, including tribal governments and the National Indian 

Head Start Directors Association—

‘‘(A) to undertake a study or set of studies designed to focus on the American Indian and Alaska Native Head Start-eligible population, with a focus 

on issues such as curriculum development, availability and need for services, appropriate research methodologies and measures for these populations, and best practices for teaching and educating American Indian and 

Alaska Native Head Start Children; 

‘‘(B) to accurately determine the number of children nationwide who are 

eligible to participate in Indian Head Start programs each year; 

‘‘(C) to document how many of these children are receiving Head Start 

services each year; 

‘‘(D) to the extent practicable, to ensure that access to Indian Head Start 

programs for eligible children is comparable to access to other Head Start 

programs for other eligible children; and 

‘‘(E) to make the funding decisions required in section 640(a)(2)(A)(iii), 

after completion of the studies required in that section, taking into account: 

‘‘(i) the Federal government’s unique trust responsibility to American 

Indians and Alaska Natives; 

‘‘(ii) limitations faced by tribal communities in accessing non-Federal 

sources of funding to supplement Federal funding for early childhood 

programs; and 

‘‘(iii) other factors that uniquely and adversely impact children in 

American Indian and Alaska Native communities such as highly elevated poverty, unemployment and violent crime rates, as well as depressed levels of educational achievement and limited access to nonFederal health, social and educational resources; 

‘‘(2) in carrying out paragraph (1), consult with the Secretary of Education 

about the Department of Education’s systems for collecting and reporting data 

about, and maintaining records on, American Indian and Alaska Native students; 

‘‘(3) not later than 9 months after the effective date of this subsection, publish 

in the Federal Register a notice of how the Secretary plans to carry out paragraph (1) and shall provide a period for public comment. To the extent pracVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00035 Fmt 6659 Sfmt 6621 E:\HR\OC\HR067.XXX HR067

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ticable, the Secretary shall consider comments received before submitting a report to the Congress; 

‘‘(4) not later than 1 year after the effective date of this subsection, submit 

a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, detailing how the Department of Health and Human Services plans to carry 

out paragraph (1); 

‘‘(5) through regulation, ensure the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary, by 

Head Start agencies that carry out Indian Head Start programs, and by State 

Directors of Head Start Collaboration, by the Indian Head Start Collaboration 

Project Director and by other appropriate entities pursuant to this subsection 

(Such regulations shall provide the policies, protections, and rights equivalent 

to those provided a parent, student, or educational agency or institution under 

section 444 of the General Education Provisions Act.); and 

‘‘(6) ensure that nothing in this subsection shall be construed to authorize the 

development of a nationwide database of personally identifiable information on 

individuals involved in studies or other collections of data under this subsection. 

‘‘(l) The Secretary shall—

‘‘(1) in order to increase access to Head Start services for eligible migrant and 

seasonal children, work in collaboration with migrant and seasonal Head Start 

providers, the Department of Agriculture (land grant universities), the Department of Labor, the Bureau of Migrant Health, and the Department of Education 

to—

‘‘(A) establish a system for collecting and reporting data on farm workers 

and their families in order to adequately account for the number of seasonal 

and migrant children that are eligible for Head Start and determine how 

many of these eligible children receive services; 

‘‘(B) identify barriers that prevent eligible migrant and seasonal children 

from accessing Head Start services and develop a plan for eliminating barriers and increasing enrollment; and 

‘‘(C) develop a system through which migrant and seasonal Head Start 

programs can effectively track health records and educational documents as 

a child moves from state to state; 

‘‘(2) not later than 6 months after the effective date of this subsection, publish 

in the Federal Register a notice on how the Secretary plans to carry out the 

activities identified in paragraph (1) and shall provide a period for public comment. To the extent practicable, the Secretary shall consider comments received 

before implementing any of the activities identified in paragraph (1); 

‘‘(3) not later than 1 year after the effective date of this subsection, submit 

a report to the Committee on Education and Labor of the House of Representatives and the Health, Education, Labor and Pensions Committee of the Senate 

detailing how the Secretary plans to carry out the activities identified in (1); 

‘‘(4) submit a report to Congress annually on the migrant and seasonal Head 

Start program including a report on the progress made in carrying out the activities identified in paragraph (1), the progress made in reaching out to and 

serving eligible migrant and seasonal children, and information on states where 

migrant and seasonal children are still underserved; 

‘‘(5) through regulation, ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by 

the Secretary, by Head Start agencies that carry out migrant and seasonal 

Head Start programs, by the State director of Head Start Collaboration, by the 

Migrant and Seasonal Farmworker Collaboration project Director (Such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 

of the General Education Provisions Act.); and 

‘‘(6) ensure that nothing in this subsection shall be construed to authorize the 

development of a nationwide database of personally identifiable information on 

individuals involved in studies or other collections of data under this subsection. 

‘‘(m) For purposes of this section, the term ‘eligible entities’ means an institution 

of higher education or other entity with expertise in delivering training in early 

childhood development, family support, and other assistance designed to improve 

the delivery of Head Start services. 

‘‘(n) For the purposes of delivering a State-based training and technical assistance 

system, as described in section 640(a)(C)(ii), that will meet the needs of local grantees and provide high quality, sustained, and intensive training and technical assistance to Head Start programs in order to help them meet or exceed the program performance standards described in section 641A(a)(1), the Secretary shall—


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‘‘(1) enter into contracts in each State with 1 or more entities who have a 

demonstrated expertise in supporting the delivery of high quality early education programs, except that bi-State contracts may be entered in to if the demographics of proximal States make such a system more appropriate; ‘‘(2) ensure that the entities described in subparagraph (1) determine the 

types of services to be provided through consultation with— ‘‘(A) local Head Start agencies; 

‘‘(B) the State Head Start collaboration office; and 

‘‘(C) the State Head Start Association; ‘‘(3) provide a report, to the Committee on Education and Labor of the House 

of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. no later than 90 days after the end of the fiscal year, summarizing the funding for such contracts and the activities carried out thereunder; and ‘‘(4) periodically evaluate the usefulness of the delivery of services in each 

State and their effectiveness in promoting program quality. ‘‘(o) To support enhanced early language and preliteracy development of children 

in Head Start programs, and to provide the children with high-quality oral language 

skills, and environments that are rich in literature, in which to acquire language 

and preliteracy skills, each Head Start agency shall ensure that— ‘‘(1) all of the agency’s Head Start teachers receive ongoing training in language and emergent literacy (referred to in this subsection as ‘literacy training’), and including appropriate curricula and assessment to improve instruction 

and learning; 

‘‘(2) such literacy training shall include training in methods to promote vocabulary development and phonological awareness (including phonemic awareness) 

in a developmentally, culturally, and linguistically appropriate manner and support children’s development in their home language; 

‘‘(3) the literacy training shall include training in how to work with parents 

to enhance positive language and early literacy development at home; 

‘‘(4) the literacy training shall include specific methods to best address the 

needs of children who are limited English proficient; and 

‘‘(5) the literacy training shall include training on how to best address the 

language and literacy needs of children with disabilities, including training on 

how to work with specialists in language development. 

‘‘(p) The Secretary is encouraged to contract, on a competitive basis, with an institution of higher education (as defined in section 102 of the Higher Education Act 

of 1965) to develop an on-line graduate-level professional development program with 

the goal of improving the leadership of those working in Head Start programs and 

improving teacher quality and the capacity of effective Head Start teachers. 

‘‘(q) INDOOR AIR QUALITY.—The Secretary shall consult with experts on issues of 

air quality related to children’s health and inform Head Start agencies of existing 

programs or combination of programs that provide methods for improving indoor air 

quality. 

‘‘(r) DEMONSTRATION FOR CAREER LADDER PARTNERSHIPS WITH TRIBAL COLLEGES

AND HISPANIC-SERVING INSTITUTIONS.—

‘‘(1) TRIBAL COLLEGE CAREER LADDER DEMONSTRATION PROGRAM.—The Secretary is authorized to award demonstration grants, for periods of not less than 

5 years, to tribal colleges and universities to—

‘‘(A) implement education programs that include education concerning 

tribal culture and language and increase the number of associate, baccalaureate, and graduate degrees in early childhood and related fields that 

are earned by Indian Head Start agency staff members, parents of children 

served by such an agency, and members of the tribal community involved; 

‘‘(B) develop and implement the programs under subparagraph (A) in 

technology-mediated formats, including providing the programs through 

such means as distance learning and use of advanced technology, as appropriate; and 

‘‘(C) provide technology literacy programs for Indian Head Start agency 

staff members and children and families of children served by such an 

agency. 

‘‘(2) HISPANIC-SERVING INSTITUTIONS CAREER LADDER DEMONSTRATION PROGRAM.—The Secretary is authorized to award demonstration grants, for periods 

of not less than 5 years, to Hispanic-serving institutions to—

‘‘(A) provide assistance for stipends and costs related to tuition, fees, and 

books for enrolling Head Start agency staff members and parents of children served by such an agency in courses required to complete the degree 

and certification requirements to become bilingual teachers in early childhood education and related fields; 


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‘‘(B) develop career ladder program curricula to increase the number of 

associate’s, bachelor’s, and graduate degrees earned by Head Start agency 

staff who have the linguistic skills and expertise to teach in programs serving a large number of limited English proficient children and parents of 

children served by such an agency; and 

‘‘(C) other activities to upgrade the skills and qualifications of noncertified educational personnel to meet the professional standards in section 

648A(a)(1), including certification and licensure as bilingual education 

teachers and other educational personnel who serve limited English proficient children. 

‘‘(3) REQUIREMENT.—Individuals who receive assistance under paragraphs (1) 

and (2) shall subsequently teach in a Head Start center for a period of time 

equivalent to the period for which they received assistance or repay the amount 

of funds.’’. 

SEC. 18. STAFF QUALIFICATIONS AND DEVELOPMENT. 

Section 648A of the Head Start Act (42 U.S.C. 9843a) is amended—

(1) in subsection (a)—

(A) by striking ‘‘(a)’’ and all that follows through paragraph (2), and inserting the following: 

‘‘(a) CLASSROOM TEACHERS.—

‘‘(1) PROFESSIONAL REQUIREMENTS.—The Secretary shall ensure that each 

Head Start classroom in a center-based program is assigned 1 teacher who has 

demonstrated competency to perform functions that include—

‘‘(A) planning and implementing learning experiences that advance the 

intellectual and physical development of children, including improving the 

readiness of children for school by developing their literacy, phonemic, and 

print awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, 

their problem solving abilities, and their approaches to learning; 

‘‘(B) establishing and maintaining a safe, healthy learning environment; 

‘‘(C) supporting the social and emotional development of children; and 

‘‘(D) encouraging the involvement of the families of the children in a 

Head Start program and supporting the development of relationships between children and their families. 

‘‘(2) DEGREE REQUIREMENTS.—

‘‘(A) IN GENERAL.—The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of all Head Start teachers nationwide 

in center-based programs have—

‘‘(i) a baccalaureate, or advanced degree in early childhood education; 

‘‘(ii) a baccalaureate or advanced degree in a field related to early 

childhood education, with experience in teaching preschool children; or 

‘‘(iii) except that teachers providing services in migrant and seasonal 

Head Start classrooms that serve children under age 3 shall be required to meet the teacher requirements described in section 645A(h). 

‘‘(B) PROGRESS REPORT.—

‘‘(i) On an annual basis, each Head Start agency shall provide to the 

Secretary a report indicating the number and percentage of classroom 

instructors with child development/ early childhood education associate 

credentials and associate, baccalaureate, or advanced degrees, and 

number of classroom instructors who successfully transferred associate 

credit and completed a baccalaureate degree disaggregated by race, ethnicity, and proficiency in a language other than English, with a description of those languages. 

‘‘(ii) Not later than September 30, 2008 the Secretary shall compile 

and transmit reports received under (i) to the Committee on Education 

and Labor of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the Senate. 

‘‘(C) PROGRESS.—Each Head Start agency shall provide to the Secretary 

a report indicating the number and percentage of teachers and teacher’s 

aides with child development associate credentials and associate, baccalaureate, or advanced degrees. The Secretary shall compile all program reports and make them available to the Committee on Education and Labor 

of the House of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate. 

‘‘(D) REQUIREMENT FOR NEW HEAD START TEACHERS.—In accordance with 

rules issued by the Secretary and made effective 2 years after the effective 

date of this subparagraph, all Head Start agencies shall require that all 


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Head Start teachers hired after such rules take effect to provide Head Start 

services in center-based programs—

‘‘(i) have an associate, baccalaureate, or advanced degree in early 

childhood education or a related field; or 

‘‘(ii) be currently enrolled in a program of study leading to an associate degree in early childhood education or a related field, and agree 

to complete degree requirements not later than 3 years after the date 

of hire. 

‘‘(E) SERVICE REQUIREMENTS.—The Secretary shall establish requirements 

to ensure that individuals who receive financial assistance under this subchapter in order to comply with the requirements under section 648A(a)(2) 

shall subsequently teach in a Head Start center for a period of time equivalent to the period for which they received assistance or repay the amount 

of the funds. 

‘‘(F) LIMITATION.—The Secretary shall require that any Federal funds 

provided directly or indirectly to comply with subparagraph (A) shall be 

used toward degrees awarded by an institution of higher education, as defined by sections 101 or 102 of the Higher Education Act (20 U.S.C. 1001, 

1002).’’, and 

(B) in paragraph (3)—

(i) in subparagraph (B) by striking ‘‘or’’ at the end, 

(ii) in subparagraph (C) by striking the period at the end and inserting ‘‘; or’’, and 

(iii) by adding at the end, the following: 

‘‘(D) a baccalaureate and has been admitted into the Teach For America 

program, passed a rigorous early childhood content exam, such as the 

Praxis II, participated in a Teach For America summer training institute 

that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America’s professional 

staff.’’, and 

(2) by amending subsection (c) to read as follows: 

‘‘(c) FAMILY SERVICE WORKERS.—To improve the quality and effectiveness of staff 

providing in-home and other services (including needs assessment, development of 

service plans, family advocacy, and coordination of service delivery) to families of 

children participating in Head Start programs, the Secretary, in coordination with 

concerned public and private agencies and organizations examining the issues of 

standards and training for family service workers, shall—

‘‘(1) review and, as necessary, revise or develop new qualification standards 

for Head Start staff providing such services; 

‘‘(2) review, and as necessary, revise or develop maximum caseload requirements, as suggested by best practices; 

‘‘(3) promote the development of model curricula (on subjects including parenting training and family literacy) designed to ensure the attainment of appropriate competencies by individuals working or planning to work in the field of 

early childhood and family services; and 

‘‘(4) promote the establishment of a credential that indicates attainment of 

the competencies and that is accepted nationwide.’’, and 

(3) is amended by adding at the end the following: 

‘‘(f) PROFESSIONAL DEVELOPMENT PLANS.—Each Head Start agency and program 

shall create, in consultation with an employee, a professional development plan for 

all full-time Head Start employees who provide direct services to children and shall 

ensure that such plans are regularly evaluated for their impact on teacher and staff 

effectiveness.’’. 

SEC. 19. RESEARCH, DEMONSTRATIONS, AND EVALUATION. 

Section 649 of the Head Start Act (42 U.S.C. 9844) is amended—

(1) by amending subsection (a)(1)(B) to read as follows: 

‘‘(B) use the Head Start programs to develop, test, and disseminate new 

ideas and based on existing scientifically based research, for addressing the 

needs of low-income preschool children (including children with disabilities, 

homeless children, children who have been abused or neglected, and children in foster care) and their families and communities (including demonstrations of innovative non-center-based program models such as homebased and mobile programs), and otherwise to further the purposes of this 

subchapter.’’, 

(2) in subsection (d)—

(A) in paragraph (7) by adding ‘‘and’’ at the end, 

(B) in paragraph (8) by striking the semicolon at the end and inserting 

a period, 


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(C) by striking paragraphs (9) and (10), and 

(D) by striking the last sentence, 

(3) in subsection (g)— (A) in paragraph(1)(A)— (i) by striking clause (i), and 

(ii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively, and 

(B) by amending paragraph (7)(C) to read as follows: 

‘‘(C) TRANSMITTAL OF REPORT TO CONGRESS.—Not later than September 

30, 2009, the Secretary shall transmit the final report to the Committee on 

Education and Labor of the House of Representatives and the Committee 

on Health, Education, Labor, and Pensions of the Senate.’’, and 

(4) by amending subsection (h) to read as follows: ‘‘(h) LIMITED ENGLISH PROFICIENT CHILDREN.— ‘‘(1) STUDY.—Not later than 1 year after the date of enactment of the Improving Head Start Act of 2007, the Secretary shall conduct a study on the status 

of limited English proficient children and their families in participating Head 

Start programs and Early Head Start programs. ‘‘(2) REPORT.—The Secretary shall prepare and submit to Congress, not later 

than September 2008, a report containing the results of such study, including 

information on—

‘‘(A)(i) the demographics of limited English proficient children less than 

5 years of age and the geographical distribution of such children; and 

‘‘(ii) the number of such children receiving Head Start services and the 

number of such children receiving Early Head Start services, and the geographical distribution of such children receiving such services; 

‘‘(B) the nature of the Head Start services and of the Early Head Start 

services provided to limited English proficient children and their families, 

including the types, content, duration, intensity, and costs of family services, language assistance, and educational services; 

‘‘(C) procedures in Head Start programs for assessing language needs and 

for making the transition of limited English proficient children to kindergarten, including the extent to which Head Start programs meet the requirements of section 642A for limited English proficient children; 

‘‘(D) the qualifications and training provided to Head Start teachers and 

Early Head Start teachers who serve limited English proficient children 

and their families; 

‘‘(E) the home languages of Head Start and Early Head Start teachers; 

‘‘(F) the rate of progress made by limited English proficient children and 

their families in Head Start programs and in Early Head Start programs, 

including—

‘‘(i) the rate of progress made by limited English proficient children 

toward meeting the additional educational standards described in section 641A(a)(1)(B)(ii) while enrolled in Head Start programs; 

‘‘(ii) the correlation between such progress and the type and quality 

of instruction and educational programs provided to limited English 

proficient children; and 

‘‘(iii) the correlation between such progress and the health and family 

services provided by Head Start programs to limited English proficient 

children and their families; and 

‘‘(G) the extent to which Head Start programs make use of funds under 

section 640(a)(3) to improve the quality of Head Start services provided to 

limited English proficient children and their families. 

‘‘(i) CHILDREN, FAMILIES, AND PROGRAMS AFFECTED BY HURRICANES KATRINA AND

RITA.—

‘‘(1) PURPOSE.—The purpose of this subsection is to evaluate the status of 

Head Start and Early Head Start programs affected by Hurricanes Katrina and 

Rita as well as the challenges those programs have faced in reestablishing 

themselves and reenrolling eligible children and families, with the ultimate goal 

of providing all Head Start and Early Head Start programs with recommendations for developing and implementing disaster plans. 

‘‘(2) DEFINITION.—The term ‘areas affected by Hurricanes Katrina and Rita’

means any parish or county for which it was determined that assistance was 

warranted from the Federal Government under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricanes Katrina and Rita. 

‘‘(3) STUDY.—The Secretary shall conduct a study on the status of children 

and families participating in Head Start and Early Head Start programs in 

areas affected by Hurricanes Katrina and Rita. 


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‘‘(4) REPORT.—Not later than 1 year after the date of the enactment of the 

Improving Head Start Act of 2007, the Secretary shall prepare and submit to 

Congress a report containing the results of such study, including 

‘‘(A) information on the population served, including—

‘‘(i) the number of children and families participating in Head Start 

and Early Head Start programs in areas affected by Hurricanes 

Katrina and Rita before and after Hurricanes Katrina and Rita; 

‘‘(ii) the demographics of such children and families; and 

‘‘(iii) the geographical distribution of such children and families; 

‘‘(B) information on staff and programs, including—

‘‘(i) the number and geographic distribution of staff serving Head 

Start and Early Head Start children and families from areas affected 

by Hurricanes Katrina and Rita; 

‘‘(ii) the current status, including employment status and geographic 

location, of Head Start and Early Head Start staff serving in areas affected by Hurricanes Katrina and Rita prior to Hurricanes Katrina and 

Rita; and 

‘‘(iii) the response and recovery efforts of Head Start and Early Head 

Start staff serving in areas affected by Hurricanes Katrina and Rita 

‘‘(C) information on facilities, including—

‘‘(i) the number of Head Start and Early Head Start facilities operating prior to Hurricanes Katrina and Rita in areas affected by Hurricanes Katrina and Rita; 

‘‘(ii) the current status of each such facility; and 

‘‘(iii) information on any new Head Start or Early Head Start facility 

that has opened in areas affected by Hurricanes Katrina and Rita or 

that serves children and families who lived in areas affected by Hurricanes Katrina and Rita at the time of Hurricanes Katrina and Rita; 

‘‘(D) information on coordination with the Federal Emergency Management Agency (FEMA) in areas affected by Hurricanes Katrina and Rita, including—

‘‘(i) areas of success that Head Start agencies and programs had in 

working with FEMA; 

‘‘(ii) challenges that Head Start agencies and programs had in working with FEMA; and 

‘‘(iii) the number of Head Start families that received individualized 

assistance (as defined under the Robert T. Stafford Disaster Relief and 

Emergency Act) and the types of assistance received by such families. 

‘‘(E) challenges that were faced by Head Start and Early Head Start programs and families in areas affected by Hurricanes Katrina and Rita including—

‘‘(i) the availability of Head Start services for families displaced during the period of transition; 

‘‘(ii) identification of and outreach to families displaced by the Hurricanes Katrina and Rita; and 

‘‘(iii) the extent to which non-Federal disaster assistance was available to Head Start agencies and programs, and coordination of such 

services with non-Federal disaster assistance resources. 

‘‘(5) DISASTER PLAN PREPAREDNESS.—Not later than 1 year after the date of 

the enactment of Improving Head Start Act of 2007, the Secretary shall prepare 

and submit to Congress, Head Start disaster plan recommendations based upon 

the report initiated in paragraph (4), including recommendations for prevention, 

preparedness, response, and recovery, that can be used to advise Head Start 

and Early Head Start programs in the development and implementation of disaster plans.’’. 

SEC. 20. REPORTS. 

Section 650 of the Head Start Act (42 U.S.C. 9846) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Committee on Education and the Workforce of the House 

of Representatives and the Committee on Labor and Human Resources of 

the Senate’’ each place it appears and inserting ‘‘Committee on Education 

and Labor of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate’’, 

(B) by striking ‘‘and non-English language background children’’ and inserting ‘‘children, homeless children, children in foster care, and limited 

English proficient children’’, and 


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(C) in paragraph (8) by inserting ‘‘homelessness, whether the child is in 

foster care or was referred by a child welfare agency,’’ after ‘‘ background,’’, and 

(2) by adding at the end the following: ‘‘(c) SET-ASIDE ACTIVITIES.—Not later than 60 days after the end of each fiscal 

year, the Secretary shall submit to the Committee on Education and Labor of the 

House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report detailing the different amounts of expenditures under 

section 640(a)(2) and the activities carried out thereunder. ‘‘(d) FISCAL PROTOCOL.—The Secretary shall conduct an annual review to assess 

whether the design and implementation of the triennial reviews described in section 

641A(c) include compliance procedures that provide reasonable assurance that Head 

Start agencies are complying with applicable fiscal laws and regulations. The Secretary shall report the findings and conclusions of the annual review to the House 

Committee on Education and Labor, and the Senate Committee on Health, Education, Labor and Pensions within 30 days of completing the review. ‘‘(e) USE OF INDIVIDUALIZED EDUCATION PLANS.—The Secretary shall track the use 

of Head Start Individualized Education Plans by Head Start agencies in order to 

evaluate the reasons why Head Start agencies are opting not to use Individualized 

Education Plans for children with disabilities (as specified in the Individuals With 

Disabilities Education Act (20 U.S.C. 1414(d)), whether Head Start Individualized 

Education Plans are used to provide services prior to the development of an Individualized Education Plan, as required under the Individuals With Disabilities Education Act, and the length of time programs use Head Start Individualized Education Plans before an Individualized Education Plan as required under Individuals 

With Disabilities Education Act is developed. The Secretary shall provide a report 

to the Committee on Education and Labor of the House of Representatives and the 

Committee on Health, Education, Labor, and Pensions of the Senate, not later than 

1 year after the date of the enactment of the Improving Head Start Act of 2007. ‘‘(f) EVALUATION AND RECOMMENDATIONS REGARDING OBESITY PREVENTION.—The 

Secretary shall evaluate and publish regulations on the issue of and concerns related to preventing and reducing obesity in children who participate in Head Start 

programs and shall consult, at a minimum, with experts in child and maternal 

health, child development, child and family nutrition and physical education, to determine the effective methods by which Head Start agencies can help address childhood obesity. The regulations should include guidance on how Head Start agencies 

can incorporate, at a minimum, more physical activity and nutrition education into 

such programs related to preventing and reducing obesity. Not later than 1 year 

after the effective date of this subsection, the Secretary shall submit to the House 

Committee on Education and Labor and the Senate Committee on Health, Education, Labor and Pensions, a report containing such recommendations and the results of such evaluation.’’. 

SEC. 21. WAGES AND COMPENSATION. 

Section 653 of the Head Start Act (42 U.S.C. 9848) is amended to read as follows: 

‘‘SEC. 653. WAGES AND COMPENSATION. 

‘‘(a) COMPARABILITY OF WAGES.—The Secretary shall take such action as may be 

necessary to assure that persons employed in carrying out programs financed under 

this subchapter shall not receive compensation at a rate which is (1) in excess of 

the average rate of compensation paid in the area where the program is carried out 

to a substantial number of the persons providing substantially comparable services, 

or in excess of the average rate of compensation paid to a substantial number of 

the persons providing substantially comparable services in the area of the person’s immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate prescribed in section 6(a)(1) of the Fair Labor Standards Act of 

1938. The Secretary shall encourage Head Start agencies to provide compensation 

according to salary scales that are based on training and experience. ‘‘(b) FEDERAL RATE LIMITATION.—Notwithstanding any other provision of law, no 

Federal funds shall be used to pay all or any part of the compensation of an individual employed by a Head Start agency in carrying out programs under this subchapter, either as direct or indirect costs of any proration thereof, at a rate in excess 

of the rate then payable for level II of the Executive Schedule under section 5313 

of title 5, United States Code.’’. 

SEC. 22. LIMITATION ON CERTAIN USES OF FUNDS. 

The Head Start Act (42 U.S.C. 9858 et seq.) is amended by adding at the end the 

following: 

‘‘SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS. 

‘‘No funds made available to carry out this subchapter may be used—


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‘‘(1) for publicity or propaganda purposes not heretofore authorized by the 

Congress; or 

‘‘(2) unless authorized by law in effect on the effective date of this section, 

to produce any pre-packaged news story intended for broadcast or distribution 

unless such story includes a clear notification contained within the text or audio 

of such story stating that the prepackaged news story was prepared or funded 

by the Department of Health and Human Services.’’. 

I. PURPOSE

The purpose of H.R. 1429, the Improving Head Start Act of 2007, 

is to help low-income children arrive at kindergarten ready to succeed. 

II. COMMITTEE ACTION

108TH CONGRESS

On March 6, 2003, the Subcommittee on Education Reform held 

a hearing on improving results for children in Head Start. The 

School Readiness Act of 2003, H.R. 2210, was introduced by Representative Michael Castle on May 22, 2003 and garnered 10 cosponsors. On June 3, 2003, the Subcommittee on Education Reform 

held a hearing on H.R. 2210. On June 12, 2003, the Subcommittee 

on Education Reform considered H.R. 2210 and reported it favorably, as amended, to the Committee on Education and the Workforce by a rollcall vote of 11–9. On June 18th and 19th of 2003, the 

Committee on Education and the Workforce, considered H.R. 2210 

in legislative session. On June 19, 2003, the Committee reported 

the bill favorably, as amended, by rollcall vote of 27–20. The bill, 

as amended, was reported to the House of Representatives. On July 

24th and 25th of 2003, the House of Representatives considered the 

School Readiness Act of 2003. On July 25, 2003, the House of Representatives passed the bill, as amended, by rollcall vote of 217–

216. 

109TH CONGRESS

The Committee on Education and the Workforce held three hearings on the Head Start program. On April 5, 2005, the Full Committee held a hearing on financial accountability in Head Start. On 

April 14, 2005, the Subcommittee on Education Reform held a 

hearing on exemplary practices in Head Start programs. On April 

21, 2005, the Subcommittee on Education Reform held a hearing 

on coordination between Head Start and state-funded pre-kindergarten programs. 

The School Readiness Act of 2005, H.R. 2123, was introduced by 

Representative Michael Castle on May 5, 2005, and garnered 19 cosponsors. The bill was referred to the Committee on Education and 

the Workforce. On May 11, 2005, the Subcommittee on Education 

Reform considered H.R. 2123 and reported it favorably, as amended, to the Committee on Education and the Workforce by voice 

vote. On May 18, 2005, the Committee on Education and the Workforce considered H.R. 2123 in legislative session and reported the 

bill favorably, as amended, to the House of Representatives. The 

rollcall vote was 48–0. On September 22, 2005, the House of Representatives passed the School Readiness Act of 2005 by rollcall 

vote of 231–184. 


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110TH CONGRESS

Subcommittee hearing 

On February 28, 2007, the Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing titled, ‘‘Improving Head Start for America’s Children.’’ The hearing discussed 

early childhood brain development in the context of Early Head 

Start, the importance of family support services under Head Start, 

shortcomings of the U.S. Department of Health and Human Services’ monitoring, technical assistance and training system for Head 

Start grantees, the ongoing impact of the aftermath of Hurricanes 

Katrina and Rita on Head Start children and families in New Orleans, and coordination between Head Start and state-funded prekindergarten systems. The following witnesses testified before the 

Subcommittee: Ross A. Thompson, Ph.D., Department of Psychology, University of California, Davis, California; Mac McKeever, 

Out-County Head Start Director, Genesee County Community Action Resource Department, Flint, Michigan; Barbara Haxton, Executive Director, The Ohio Head Start Association, Dayton, Ohio; 

Pearlie Elloie, Director, Office for Children, Youth and Families, 

Total Community Action, Incorporated, New Orleans, Louisiana; 

Ellen Frede, Ph.D., Co-Director, National Institute for Early Education Research, New Brunswick, New Jersey. 

Introduction of the Improving Head Start Act 

On Friday, March 9, 2007, Representative Dale E. Kildee, along 

with Representatives George Miller (D–CA), Castle (R–DE), Scott 

(D–VA), Ehlers (RMI), Hinojosa (D–TX), McCarthy (D–NY), Wu 

(D–OR), Davis (D–IL), Sanchez (D–CA), Sarbanes (D–MD), Sestak 

(D–PA), Loebsack (D–IA), Hirono (D–HI), Altmire (D–PA), 

Yarmuth (D–KY), Clarke (D–NY), and Shea-Porter (D–NH) introduced H.R. 1429, the Improving Head Start Act of 2007, a bill to 

reauthorize the Head Start Act through 2012. 

Full Committee markup of H.R. 1429 

On Wednesday, March 14, 2007, the Committee on Education 

and Labor considered H.R. 1429 in legislative session, and reported 

the bill favorably, as amended, to the House of Representatives. 

The rollcall vote was 42–1. Chairman Miller offered an amendment 

in the nature of a substitute. 

The amendment in the nature of a substitute contained minor 

technical changes and the following additions to H.R. 1429: 

• Requires that at least 25 percent of the quality improvement 

funds be used to improve the salaries, benefits, and pay scales of 

educational staff, family service workers, and child counselors and 

that other portions of the quality improvement funds may be used 

to improve the salaries, benefits, and pay scales of other Head 

Start staff. 

• Allows some programs to increase income eligibility to 130 percent of the federal poverty line, with some limitations, including a 

20 percent cap. 

• Improves technical assistance to programs reaching too few 

children with disabilities. 

• Requires the Secretary to gather additional information on the 

use of Head Start Individualized Education Plans. 


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• Encourages programs to direct appropriate mental health services to siblings of children in Head Start. • Requires the Secretary to develop a disaster preparedness 

plan, and conduct an evaluation of methods for improving coordination with FEMA. • Allows Teach for America participants to teach in Head Start 

classrooms if they pass a rigorous early childhood content exam 

and participate in Teach for America’s professional development. 

The Committee adopted following amendments: 

1. An amendment offered by Mr. Davis, adopted by voice vote. 

This amendment requires the Secretary to establish standards for 

training, qualifications, and conduct of home visits for home visiting staff in Early Head Start programs. 

2. An amendment offered by Mrs. Foxx, adopted by voice vote. 

This amendment protects the confidentiality of personally identifiable information and clarifies that the bill does not authorize a national database of such information. 

3. An amendment offered by Mr. Bishop, Mr. Grijalva, and Mr. 

Hare, adopted by voice vote. This amendment allows Head Start 

programs to use a portion of their quality improvement funds to 

supplement transportation costs. 

4. An amendment offered by Mr. Grijalva, adopted by voice vote. 

This amendment requires Head Start programs to provide the Secretary with data on the number of teachers who possess a child development credential or formal degree, disaggregated by race, ethnicity, and proficiency in a language other than English. 

5. An amendment offered by Mr. Andrews, adopted by voice vote. 

This amendment requires the Secretary to consult with experts and 

advise Head Start programs on programs and methods to improve 

air quality. 

6. An amendment offered by Mr. Yarmuth, adopted by voice vote. 

This amendment directs the Secretary to grant annual waivers for 

certain transportation requirements if a waiver is in the best interest of the child. 

7. An amendment offered by Mr. Grijalva, adopted by voice vote. 

This amendment clarifies that the Head Start education performance standards should use linguistically and culturally appropriate 

instructional services, including use of a child’s home language. 

8. An amendment offered by Mr. Hinojosa, adopted by voice vote. 

This amendment encourages the Secretary to establish demonstration career ladder programs at Tribally Controlled colleges and universities and Hispanic-serving institutions to address the shortage 

of certified teachers in Indian Head Start programs and the severe 

shortage of bilingual (particularly Spanish-speaking) teachers who 

are certified to teach in Head Start programs. 

9. A second degree amendment to the amendment offered by Mr. 

Hinojosa offered by Mr. McKeon, adopted by voice vote. This 

amendment adds a service requirement to the amendment offered 

by Mr. Hinojosa. 

10. An amendment offered by Mrs. McCarthy, adopted by voice 

vote. This amendment requires the Secretary to issue regulations 

regarding how Head Start programs can implement obesity prevention activities, such as exercise and nutrition, into their programs. 

11. An amendment, offered by Mr. Hare, adopted by voice vote. 

This amendment requires the Secretary to address challenges faced 


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by rural communities by providing technical assistance to remove 

the barriers relating to recruitment and retention of instructors 

and outreach to the rural poor. 

The Committee rejected four amendments by rollcall vote. 

III. SUMMARY OF THE BILL

PURPOSE

The purpose of H.R. 1429, the Improving Head Start Act of 2007, 

is to help low-income children arrive at kindergarten ready to succeed by providing a high quality early education program that supports children’s cognitive, social, and emotional development, and 

through the provision to low-income children and their families of 

health, educational, nutritional, social, and other services that are 

determined, based on family needs assessments, to be necessary. 

FUNDING

Authorizes $7.35 billion for fiscal year 2008 and such sums as 

may be necessary for fiscal years 2009 through 2012. Of that 

amount, not more than $20 million may be used in 2008 to carry 

out research, demonstration, and evaluation activities, including no 

more than $7 million each year from 2008 through 2012 to carry 

out studies on the impact of Head Start. 

PROGRAM, TEACHER, AND WORKFORCE QUALITY

Requires 60 percent of any new funds appropriated over the level 

of the preceding year (after a COLA adjustment for local programs) 

to be used for quality improvement purposes, including requiring 

programs use at least one-fourth of those funds for increasing the 

salaries, pay scales, and benefits of educational staff, family service 

workers, and child counselors. Programs may also use these funds 

for key improvements such as supporting professional development, 

increasing program operation hours, reducing child:teacher ratios, 

reducing family service worker caseloads, and a limited amount 

may be used to bolster transportation services. H.R. 1429 also requires the Secretary to implement a classroom observation assessment tool that can be used for immediate feedback to teachers on 

classroom practices. H.R. 1429 increases teacher qualifications, requiring half of teachers nationwide to have a baccalaureate degree 

in early childhood education or a related field by 2013. Starting in 

2009, all new teachers must have at least an associate’s degree in 

early childhood education or a related field, or be working toward 

that degree. The bill permits Teach for America (TFA) teachers to 

be eligible to teach in Head Start programs if they pass a rigorous 

early childhood content exam and participate in on-going TFA 

training. 

FOCUS ON SCHOOL READINESS

Requires the Secretary to re-evaluate and update the current 

early learning standards and use of assessments, using the best 

available science. The bill ensures that curricula, assessments, and 

professional development use best practices to support children’s 

emerging literacy and vocabulary growth. H.R. 1429 suspends and 

terminates further use of the National Reporting System (NRS). 


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TRAINING AND TECHNICAL ASSISTANCE

Strengthens the training and technical assistance system in a 

number of ways. H.R. 1429 maintains a minimum two percent setaside for training and technical assistance and reserves a minimum 

of 50 percent of these funds directly for local programs and defines 

how programs may use these funds. The bill requires at least 30 

percent of the training and technical assistance set-aside be used 

by the Secretary to develop a state-based system of training and 

that technical assistance be available to support local programs. 

The remainder of these funds may be reserved by the Secretary to 

fund various activities aimed at supporting program quality, including up to $5 million annually for supporting State Early Learning Councils. H.R. 1429 also requires programs to develop and submit annually to the Secretary, training and technical assistance 

plans. 

EARLY HEAD START

Increases the Early Head Start set-aside to a minimum of 12 

percent in 2008, 14 percent in 2009, 16 percent in 2010, 18 percent 

in 2011, and 20 percent in 2012. H.R. 1429 requires the Secretary 

to allow Head Start agencies to convert portions of their base grant 

into an Early Head Start grant, if programs can demonstrate this 

meets the needs of their community and is subject to all the requirements of Early Head Start agencies. 

INCOME ELIGIBILITY

Deems homeless children eligible for Head Start and allows programs the flexibility of increasing their income eligibility to 130 

percent of the poverty line, subject 5 to a 20 percent cap, if programs demonstrate community need, make efforts to prioritize, and 

continue outreach to serving children and families under 100 percent of the federal poverty line, and other restrictions. 

SERVICES FOR CHILDREN AND FAMILIES WITH LIMITED ENGLISH

PROFICIENCY

Requires additional focus on meeting the needs of children and 

families with limited English proficiency (LEP) in a number of 

ways including, improving outreach to eligible families, setting 

standards for effectively communicating with and engaging parents 

with LEP, and adding requirements on transitions to kindergarten 

for children and families with LEP. H.R. 1429 also targets training 

assistance resources for meeting the needs of communities that 

have experienced a rapid increase in eligible children with LEP, requires programs to disaggregate data on teacher qualifications by 

race, ethnicity, and ability to speak languages other than English, 

and creates a career ladder demonstration program for Hispanicserving institutions. The bill requires the Secretary to conduct a 

study that evaluates both the unique needs related to serving LEP 

children and families and Head Start’s capacity to meet those 

needs. 

MIGRANT AND SEASONAL HEAD START (MSHS)

Reserves 5 percent of the total annual appropriation for migrant 

and seasonal Head Start programs until such time as the Secretary 


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can make funding decisions to ensure comparable funding to other 

eligible children. Authorizes the appointment of a National Migrant 

and Seasonal Head Start Collaboration Director. Requires a national system of MSHS training and technical assistance. H.R. 

1429 also requires the Secretary to conduct a study to evaluate the 

existing need for services and to improve data tracking systems. 

The bill clarifies that the MSHS classroom serving infants and toddlers must meet the teacher qualifications set forth for Early Head 

Start programs. 

INDIAN HEAD START

Reserves 3.5 percent of the total annual appropriation for Indian 

Head Start programs until such time as the Secretary can make 

funding decisions to ensure comparable funding to other eligible 

children. Requires a national system of Indian Head Start training 

and technical assistance. H.R. 1429 also requires the Secretary to 

continue the current administrative arrangement at the national 

level for meeting the needs of Indian children and families and to 

appoint an Indian Head Start Collaboration Director. The bill allows Indian tribes that operate both a Head Start and Early Head 

Start program to reallocate funds between the two programs to address fluctuations in the client populations. H.R. 1429 directs the 

Secretary, in collaboration with Indian Head Start programs, the 

National Indian Head Start Collaboration Director, tribal governments, the National Indian Head Start Directors Association, and 

other appropriate entities, to undertake a study or studies to focus 

on curriculum development, availability and need for services, appropriate research methodologies and measures, and best practices 

relating to American Indian and Alaska native Head Start children. H.R. 1429 authorizes grants to Tribal Colleges and universities to implement education programs that include education 

about tribal culture and language in an effort to increase the number of degrees in early childhood and related fields held by Indian 

Head Start staff. 

ACCOUNTABILITY

Creates a new system of application review to identify programs 

providing a high quality comprehensive early childhood program. 

Under H.R. 1429, the Secretary is required to convene an expert 

panel with specific areas of expertise, to devise a system of application review based on information from annual budget data, annual 

audits, the triennial review, an observational measure of classroom 

quality, and Program Information Report (PIR) data. The Secretary’s proposed system of application review, based upon the expert panel’s recommendations, must be made available for public 

comment prior to implementation of the new system of application 

review. The Secretary must have a transparent, valid, and reliable 

system ready for implementation no later than two years after the 

date of enactment of the Improving Head Start Act. Until such 

time that the new system is implemented, the Secretary may not 

devise or implement a separate method for recompetition. When a 

Head Start agency is identified under this application review system as not meeting its mission to provide a high quality, comprehensive early childhood education, the program may enter into 

an open recompetition for continued designation as a Head Start 


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agency. Head Start agencies identified under the application review 

system to be meeting their mission to provide a high quality, comprehensive early childhood education program shall receive a grant 

award for a period of five years. 

H.R. 1429 makes additional changes to the current accountability 

system. It allows the Secretary to more quickly de-fund seriously 

underperforming programs and improves the triennial review process by requiring the evaluation of program strengths and weaknesses. It improves the qualifications of the review team, requires 

inclusion of a detailed fiscal management protocol, and requires follow-up site visits of deficient programs. H.R. 1429 also maintains 

the existing shared governance structure but requires the active 

participation of the governing board, requires the creation of a finance and audit committee, prohibits persons with a conflict of interest from serving on the board, imposes requirements on the expertise board members must possess, defines the board’s responsibilities, and requires training for board and parent policy council 

members. 

COMPREHENSIVE SERVICES

Increases the emphasis Head Start agencies must place on early 

identification of child and family mental health needs and improves 

training for staff for identifying children and families experiencing 

toxic stress. H.R. 1429 also requires Head Start agencies to implement research-based best practices for family service workers and 

highlights identification of maternal depression. It requires the 

Secretary to determine effective methods by which Head Start 

agencies can help decrease obesity in Head Start students. The 

Secretary is required to consult with experts and provide guidance 

on how Head Start centers can address childhood obesity. H.R. 

1429 also requires assistance to programs to address issues of air 

quality in Head Start centers. Under H.R. 1429, the Secretary is 

required to consult with experts and inform Head Start agencies of 

programs that may improve indoor air quality in Head Start centers. 

COORDINATION

Requires improved coordination between Head Start and statefunded pre-kindergarten programs through the creation of local 

memoranda of understanding. The bill provides a clear exemption 

for Head Start programs if there is no state-funded pre-kindergarten program in the service area or if the pre-kindergarten program is unable or unwilling to work in good faith on a memorandum of understanding with the Head Start agency. H.R. 1429 

clarifies and expands the focus of the State Head Start Collaboration Offices to provide assistance to local programs to better coordinate with other federal, state and local early childhood services. It 

improves coordination at the state level by reserving up to $5 million annually for supporting State Early Learning Councils aimed 

at developing a coordinated delivery system of early childhood services and improving the overall quality of those services. H.R. 1429 

requires at least a 50 percent state match to receive these funds. 


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ENROLLMENT OF HOMELESS CHILDREN

Requires the Secretary to prescribe policies and procedures to remove barriers to the enrollment and participation of homeless children in Head Start programs. Such procedures shall require Head 

Start agencies to implement policies and procedures to ensure that 

homeless children are identified and prioritized for enrollment; to 

allow homeless families to apply to enroll in and attend Head Start 

programs while required documents, such as proof of residency, immunization and other medical records, birth certificates and other 

documents, are obtained within a reasonable time frame. H.R. 1429 

also requires procedures to coordinate individual Head Start centers and programs with efforts to implement the McKinney-Vento 

Homeless Assistance Act. 

DISASTER PREPAREDNESS

Requires the Secretary to develop a disaster preparedness plan 

and advise Head Start agencies on such plan. The bill also requires 

the Secretary to evaluate the barriers to serving Head Start families after hurricanes Rita and Katrina and to evaluate methods for 

improved coordination with the Federal Emergency Management 

Agency (FEMA). 

IV. COMMITTEE VIEWS

OVERVIEW

Head Start is the premiere early education program in this country. Started in 1965 under President Johnson, it is a highly successful, research-based, comprehensive child development and early 

education program for low-income children, birth to five years old, 

and their families. It has played an important role in improving 

the lives of more than 20 million children and their families in its 

long history. Its goal is to help disadvantaged children be better 

prepared to succeed in school and in life by addressing the needs 

of the whole child and providing comprehensive services such as 

health and nutrition in addition to education—the approach child 

development experts believe is the most effective. Parental involvement has long been a cornerstone of Head Start because parents 

are children’s most important and influential teachers; and, to have 

long-term success, the program must consider the family as well as 

the child. These important principles remain central to the program today. 

Poverty is one of the strongest predictors of lower school success: 

an ‘‘achievement gap’’ between low-income children and their more 

affluent peers begins before kindergarten and continues through elementary and secondary education. After nearly a decade of decline 

in national child poverty, the rate of child poverty began to rise in 

2002. Today, more than 12 million children in America live in poverty, including approximately 20 percent of children under age six. 

Poverty rates are substantially higher for ethnic and racial minorities. A large income gap exists between White, African American 

and Hispanic families: in 2005, the median income for White families with children under 18 was nearly twice as high as that of African American and Hispanic families. In 2005, 37.4 percent of African American, 31.2 percent of Hispanic, and 17.3 percent of 


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White children under age six lived in poverty. In addition, more 

than eight million children and teenagers do not have health insurance. Research finds that experiencing poverty as a child leads to 

more health and mental problems throughout one’s life, less academic success, and less stable employment as an adult. Head Start 

continues to be one part of a multi-faceted approach to reducing 

the impact of poverty on children and families and eliminating the 

achievement gap. As this Committee examines ways to improve 

Head Start, it also recognizes that it is unrealistic to believe that 

Head Start can be the magic cure that eradicates the achievement 

gap. 

Head Start is one of the most evaluated federal programs, and 

research concludes that Head Start works. Research confirms that 

children who attend Head Start enter school better prepared than 

low-income children who do not attend the program and, further, 

that children who attend Head Start make significant gains relative to national norms in vocabulary, early writing, letter recognition and social behavior. Head Start students show IQ gains, are 

less likely to need special education services, to repeat a grade, or 

commit crimes in adolescence and are more likely to graduate from 

high school. 

Research from the well-respected longitudinal study, ‘‘The Head 

Start Family and Child Experiences Survey’’ (FACES), also found 

that children who attend Head Start make great strides in closing 

the achievement gap. FACES found that children made modest but 

significant gains in areas of cognitive development during the Head 

Start year and made even greater gains over the kindergarten year 

so that by the end of kindergarten Head Start graduates were ‘‘essentially at national norms in early reading and writing, and about 

one third of a standard deviation below national norms in vocabulary, general knowledge and early math.’’ These findings suggest 

that not only do children in Head Start learn key skills in the program, but Head Start also prepares children to better benefit from 

teaching when they arrive at elementary school. 

Recent research conducted with the highest standards confirms 

that Head Start helps children make gains in cognitive development and narrows the achievement gap. In June 2005, the Department of Health and Human Services (the Department or HHS) released a report on the first year fmdings from the Impact Study—

a congressionally mandated study requiring the Secretary to evaluate the impact of Head Start on the children and families it serves. 

This longitudinal, randomized control group design study will follow children through the end of first grade and evaluate the effect 

of Head Start over this period. The findings from the first year 

were very encouraging: Head Start improved children’s pre-reading 

skills, pre-writing skills, vocabulary and parent-reported literacy 

skills. The study also found that after less than one school year, 

Head Start narrowed the achievement gap by 45 percent in the 

area of pre-reading and by 28 percent in pre-writing. 

Moreover, the Impact Study demonstrates that Head Start influenced important parenting practices, including increasing the frequency with which parents read to their child. In addition, Head 

Start decreased hyperactivity in three year olds. Significant effects 

were not found in the areas of oral comprehension, phonological 


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awareness, early math and many areas of social and emotional development—suggesting key areas for program improvement. 

There are two ways for Head Start to better narrow the achievement gap between low-income children and their more affluent 

peers—one is to increase program effectiveness, the second is to increase program enrollment. Both approaches are equally necessary 

and Congress must do more to improve program quality and expand services to serve more infants and toddlers through Early 

Head Start and more preschoolers through Head Start. The Committee intends to accomplish both these goals with the enactment 

of the Improving Head Start Act of 2007. If we truly believe that 

no child should be left behind, working to improve the quality and 

increase the funding of Head Start must be a top domestic priority. 

IMPROVING TEACHER AND CLASSROOM QUALITY

The Committee believes that teacher quality is essential to Head 

Start quality and to closing the achievement gap between poor children and their more affluent peers. There are many excellent 

teachers in Head Start, and the Committee believes more can be 

done to ensure that every single Head Start teacher is prepared 

and able to give their students the best head start they can. That 

is why the Committee has made improving teacher quality a central focus of this bill, and H.R. 1429 includes many provisions that 

will increase teacher quality. 

When Congress last reauthorized Head Start in 1998, it aimed 

to improve teacher quality by requiring that 50 percent of Head 

Start teachers nationwide have a minimum of an associate degree 

in early childhood education or a related field by 2003. This provision was extremely successful in improving the qualifications of 

Head Start teachers: in 1997, only 34 percent of Head Start teachers had an associate or baccalaureate degree; by 2003, 58 percent 

of teachers had reached that level of qualification, and by 2006, 72 

percent of Head Start teachers had an associate degree or higher. 

The Committee believes it is important to build on this success 

by requiring that 50 percent of Head Start teachers nationwide 

have a minimum of a baccalaureate degree in early childhood education or a related field by 2013. According to the National Research Council report, Eager to Learn, all preschool programs 

should have a teacher with at least a bachelor’s degree in early 

childhood education or a related field. 

Well-educated teachers are one of the keys to early childhood 

program quality and outcomes for children. Research consistently 

demonstrates a link between the learning potential of children and 

the level of education and training of classroom teachers. Research 

also shows that teachers with a minimum of a bachelor’s degree 

and specialized training in early childhood development are significantly more engaged with children, less critical, and less detached 

from students in their classrooms—all characteristics related to 

better child outcomes—than teachers with less formal education. 

Research further demonstrates that higher teacher qualifications 

directly translate into better results for children in critical areas of 

development, including the attainment of the competencies needed 

to be successful in school. The three most renowned early childhood 

programs for low-income children—the Perry Preschool Project, 

Chicago Child Parent Centers, and Abecedarian Preschool—all 


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were staffed by teachers with a minimum of a bachelor’s degree 

and specialized training in early childhood education. However, it 

is important to note that the Committee’s explicit intent is for a 

nationwide requirement: No individual program or center should be 

penalized or sanctioned for failing to meet this provision. 

The Improving Head Start Act of 2007 further seeks to improve 

teacher quality by prioritizing that at least 60 percent of appropriations above the prior year’s level (less a cost of living adjustment 

to programs) be used for quality improvement purposes, such as 

teacher salaries and professional development. The bill adds to this 

requirement by mandating that at least one-fourth of such new 

funding (meaning, at least 15 percent of new funds annually appropriated) be used to increase the salaries, benefits, and pay scales 

of key staff, including teachers. Low salaries make it difficult for 

Head Start agencies to attract and retain qualified teachers and 

this Committee urges local programs to prioritize teacher salaries 

and benefits. 

H.R. 1429 also requires Head Start grantees to create a career 

ladder and professional development plan for all full-time employees who provide direct educational services to children. Combined 

with the bill’s focus on professional development activities that are 

part of a sustained and intensive effort to improve key aspects of 

program quality, the Committee believes that the development of 

such plans will result in high quality professional development that 

directly benefits the individual instructor, Head Start students, 

and the overall program. 

The Improving Head Start Act of 2007 also requires the Secretary to integrate into the triennial review, a valid and reliable research-based observational instrument that assesses classroom 

quality, including multiple dimensions of teacher-child interactions 

that are linked to positive child development and later achievement. The Committee believes that it is logistically and fiscally impractical to implement such an instrument in every classroom and 

recommends the Secretary develop appropriate sampling techniques in the implementation. The Committee also believes it is essential that the Secretary ensure only qualified individuals with 

demonstrated reliability implement this instrument. In choosing an 

appropriate instrument that meets the requirements of H.R. 1429, 

the bill directs the Secretary to choose a measure that research has 

demonstrated to be valid and reliable and predictive of program 

quality and child outcomes. The Committee encourages the Secretary to consider using the Classroom Assessment Scoring System 

(CLASS) for these purposes. The CLASS ‘‘scores how productive the 

environment appears in use of time and activities; how sensitive is 

the teacher’s behavior; the quality of instruction and feedback to 

students; the effectiveness of behavior management; and the extent 

to which activities and interactions stimulate conceptual development and engagement.’’ (Pianta, 2005). A review of the scientific 

literature suggests this instrument has solid support to validate its 

use in evaluating key dimensions of classroom quality and that research has demonstrated its use in predicting child outcomes. The 

Committee also thinks the CLASS can be a valuable tool to individual Head Start programs because it provides feedback on classroom strengths and weaknesses and offers professional development tools aimed at improving teacher effectiveness. Because one 


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of this instrument’s strengths is it allows a pathway for programs 

to improve teacher quality, the Committee recommends that when 

including data from this instrument in the grant review process, 

that if a Head Start agency implements the CLASS outside of the 

triennial review, the additional data be included in the application 

review. 

STRENGTHENING THE FOCUS ON SCHOOL READINESS

Early learning standards 

Knowledge about children’s learning has expanded greatly during the past two decades. Research in the neurobiological and behavioral sciences suggests the importance of a child’s experiences 

during the first years of life for healthy brain development. From 

birth through age five, children rapidly develop the capabilities on 

which subsequent development builds. The Improving Head Start 

Act of 2007 includes numerous provisions to strengthen the focus 

on school readiness in the classroom. Experts in early childhood 

education believe that school readiness encompasses many different 

dimensions of child growth and development. As Dr. Ross Thompson testified before the Subcommittee on Early Childhood, Elementary, and Secondary Education on February 28, 2007, development 

of non-cognitive skills, such as curiosity, self-control, and attention 

capabilities are as important to school readiness as literacy and vocabulary development. Therefore, H.R. 1429 aims to strengthen all 

domains of school readiness of Head Start children, including cognitive, social, and emotional development. In requiring the Secretary to consult with experts to re-evaluate and update as necessary, the current early learning standards using the best available science, the Committee intends for the Secretary to maintain 

the depth and breadth of Head Start’s current early learning standards—the Head Start Child Outcomes Framework—and ensure 

that the performance standards are updated, as necessary, to reflect the best science on early childhood. 

Use of measures and assessments 

In addition, the Committee believes assessment can be a very important component of delivering a high-quality early education program, but assessments must be chosen and used wisely and cautiously. The Committee requires the Secretary to consult the forthcoming report entitled ‘‘Developmental Outcomes and Assessments 

for Young Children’’ from the National Academy of Sciences to fully 

re-evaluate the use of assessments in Head Start to ensure that 

any such assessment be used for the purpose of promoting the 

skills, knowledge and competencies of children, improving classroom practices, identifying special needs, or improving overall program performance. H.R. 1429 explicitly requires that any assessment used in Head Start be developmentally, linguistically, and 

culturally appropriate, be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children, be valid and reliable in the appropriate 

language, only be administered by persons with adequate training, 

and provide appropriate accommodations for children with disabilities and children who are LEP. H.R. 1429 also specifically prohibits Head Start programs from using such assessments to exVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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clude children from Head Start programs and prohibits any high 

stakes testing in Head Start at the national, regional, or local level. 

In addition, the Committee is concerned that some programs may 

be using outdated and inadequate screening instruments even 

though several evidence-based, quick, inexpensive, and accurate 

tools already exist. Given the great importance of identifying developmental delays early, it is critical that grantees utilize high-quality research-based developmental screening tools. The Secretary is 

encouraged to assist grantees that are not already doing so, to incorporate high-quality screening tools into their program. 

National Reporting System 

Since HHS first announced plans for a National Reporting System (NRS), Committee Members have heard from numerous experts about on-going concerns regarding the validity, appropriateness, and use of the NRS. The Committee is concerned that the 

Secretary did not adequately weigh the concerns expressed by its 

own Technical Working Group and rushed a flawed testing system 

into Head Start programs before the system’s purpose and plans 

for use were even clearly defined. More than 300 experts in early 

childhood development and education wrote to Congress to express 

their serious concerns about the appropriateness, validity, and use 

of the NRS. A 2005 report from the independent Government Accountability Office (GAO) confirmed serious flaws in the development and use of the NRS. A recent report by the Advisory Committee on Head Start Accountability and Educational Performance 

Measures convened by the Secretary only confirms to the Committee that there are inherent and serious flaws in the design and 

use of the NRS. Given that the National Research Council concluded in 2001 that ‘‘[a]ll assessments, and particularly assessments for accountability, must be used carefully and appropriately 

if they are to resolve, and not create, educational problems,’’ the 

Committee takes the on-going concerns about the NRS very seriously and suspends implementation of and terminates further development and use of the NRS. H.R. 1429 directs the Secretary to 

use the findings from the forth-coming study on Developmental 

Outcomes and Assessments for Young Children by the National 

Academy of Sciences to provide guidance on the appropriate use of 

assessments in early childhood education programs like Head 

Start. 

Curricula 

There is a growing body of research and understanding of the 

early foundations of children’s positive development and learning. 

Research indicates that the use of comprehensive, research-based 

curricula is critical to preparing children for success in school and 

in life. Children’s readiness for school and positive overall development will be enhanced by teachers using a well-planned, researchbased curriculum selected at the local level and implemented by 

teachers with education and training in child development and in 

the chosen curriculum. Research further suggests that learning will 

be most effective if it builds on children’s existing understanding, 

so it is critical that implementation attends to the individual developmental level of the child. Curricula should promote learning of 

concepts as well as information and skills. Curricula should inVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00055 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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crease in complexity and difficulty of activities as children develop 

and should take into account and support the different ways children learn. It should be challenging, engaging, developmentally appropriate, culturally and linguistically responsive, and inclusive of 

children with disabilities. Curricula should be results-based and 

linked to instructional goals and measurable objectives. The Committee believes that most Head Start programs are using appropriate curricula that meets these qualities. In addition, the Committee wants to make clear that H.R. 1429’s focus on researchbased curriculum does not suggest that the majority of Head Start 

programs need to adopt a new curriculum. Still, to ensure that all 

programs are delivering a research-based curriculum that adequately supports children’s development and school readiness, the 

Improving Head Start Act of 2007 requires Head Start programs 

to use research-based early childhood curriculum that promotes 

school readiness in the areas of language and cognitive development, early reading and pre-mathematics skills, social and emotional development, physical development, and approaches to learning in addition to other requirements. It is important to note that 

H.R. 1429 does not mandate a federal or specific curriculum. 

Comprehensive services 

The health, nutritional, and family services provided by Head 

Start programs are also fundamental to Head Start children arriving at kindergarten ready to succeed. Consequently, the Improving 

Head Start Act of 2007 aims to improve the delivery of these important services by placing a greater focus on early identification 

of child and family mental health needs. The Committee also determined to highlight the importance of providing families with information on maternal depression. Research indicates that maternal 

depression has a significant impact on child development so it is 

important that Head Start programs are able to help families identify maternal depression and help families reach appropriate services. The latest neuroscience research on brain development finds 

that experiencing ‘‘toxic stress’’ as a child can affect important 

brain structures as they are still developing. Therefore, it is critical 

that Head Start programs are capable of using research-based 

methods of identifying children and families experiencing high levels of stress so families can be directed to appropriate services. 

H.R. 1429 also encourages programs to prioritize the use of best 

practices for family service workers, including caseload size. The 

Committee believes family service workers are essential to meeting 

the needs of Head Start children and families and is concerned 

about reports that family service worker caseloads have increased 

as a result of inadequate appropriations since 2003. 

The Committee was concerned to learn of the high prevalence of 

obesity in Head Start students. For example, research suggests 

that 20 percent of Head Start children in New York City can be 

classified as obese. The Committee understands the Office of Head 

Start has implemented a pilot program to address obesity concerns 

but believes it is important that this health problem gets immediate and broad attention, accordingly, H.R. 1429 requires the Secretary to provide guidance to Head Start programs on ways they 

can address childhood obesity in their students. 


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Efforts to improve family literacy also are an important component of Head Start. Family literacy activities, when appropriate, 

are critical to enhancing a parent’s involvement in their child’s 

education, which is significantly challenged if parents cannot read. 

In keeping with the goal of improving school readiness and valuing 

the role of parents in their children’s education, the Committee bill 

renews its support for training and technical assistance in the area 

of family literacy services. 

EARLY HEAD START

Neuroscience suggests that the ages of birth to three constitute 

the most critical period for a child’s brain growth. It is during this 

period that children acquire the ability to think, speak, learn, and 

reason. According to many brain researchers, the development between the prenatal period and the first years of life is more extensive than previously thought and susceptible to long-lasting early 

environmental influences. Infants’ and toddlers’ early experiences 

are extremely important—research indicates that when the social 

and emotional development of very young children is ignored, it 

can have devastating effects on children’s overall functioning, their 

ability to form and maintain relationships, their ability to learn, 

and their future success in school and life. Disparities in children’s 

cognitive and social abilities become evident well before they enter 

Head Start or pre-kindergarten programs at age four. Early Head 

Start minimizes these disparities and helps to establish the foundation needed for children to enter school ready to learn by supporting the cognitive, social, and emotional development of the infants and toddlers it serves. 

Unfortunately, Early Head Start only reaches approximately two 

percent of eligible children because of inadequate funding. Dr. 

Thompson’s testimony before this Committee on February 28, 2007 

persuasively made the case for increased resources for Early Head 

Start. Therefore, the Committee seeks to increase available Early 

Head Start services. H.R. 1429 increases the current set-aside from 

a ceiling of 10 percent to floors of 12 percent in fiscal year 2008, 

14 percent in fiscal year 2009, 16 percent in fiscal year 2010, 18 

percent in fiscal year 2010, and 20 percent in fiscal year 2012. In 

addition, H.R. 1429 allows programs demonstrating the capacity 

and a community need to convert dollars from their Head Start 

grant into an existing Early Head Start grant or a new Early Head 

Start grant. Because of the increased availability of state-funded 

pre-kindergarten, some Head Start programs may be better able to 

meet the needs of their community by converting portions (or all) 

of their grant to serve infants and toddlers. The Committee believes this provision will improve local flexibility, allowing programs to better meet the needs of the families in their community, 

and it will expand access to Early Head Start. 

SERVING CHILDREN AND FAMILIES WITH LIMITED ENGLISH

PROFICIENCY

Limited English Proficiency (LEP) children account for a large 

share of the children in Head Start. In fact, 28 percent of all Head 

Start children are LEP. Moreover, population projections estimate 

that these children will account for a greater share of Head Start 

eligible children in the coming years. Therefore, the continued effiVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00057 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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cacy of Head Start is increasingly contingent upon the ability of 

programs to serve language minority children adequately. The 

Committee recognizes that LEP children have unique needs that 

must be addressed in order to prepare these children effectively for 

the first day of school. Specifically, the Committee understands 

that language minority status can hinder access to and quality of 

Head Start services for LEP children and their families. 

The Improving Head Start Act of 2007 improves Head Start for 

LEP children and their families in several key areas. H.R. 1429 requires LEP children to make progress toward English language acquisition and other early learning standards, as outlined in the 

education performance standards. The Committee intends for LEP 

children to receive high quality academic services aimed at supporting their school readiness, including through the use of appropriate instructional and home language support for second language learning. H.R. 1429 also provides for the use of training and 

technical assistance funds to improve access to and quality of Head 

Start services for LEP populations. The Committee believes that 

this is particularly important in states that have experienced a 

growth in the LEP population of at least 100 percent between the 

years 1990 and 2000, as measured by the U.S. census. H.R. 1429 

also ensures that LEP parents benefit from the broad array of 

Head Start family services and parent involvement opportunities 

by requiring that all information be provided to parents in their 

home language, to the extent practicable. 

In addition, the Committee believes that increasing the number 

of Head Start teachers who can effectively support the development 

of children with LEP is essential. H.R. 1429 allows the Secretary 

to use training and technical assistance funding for the development of a career ladder demonstration program at Hispanic-serving 

institutions. Furthermore, in order to effectively monitor progress 

towards the goal of increasing the qualifications of Head Start 

teachers with skills in serving LEP children, the Committee requires that as part of the annual program information report, Head 

Start agencies provide information on the educational levels of 

Head Start teachers disaggregated by race, ethnicity, and primary 

language. H.R. 1429 also requires the Secretary to undertake a 

study to evaluate the specific needs of serving LEP children and 

families in Head Start and to analyze the capacity of current Head 

Start grantees to meet these needs. The Committee intends for the 

Secretary to use the important information gathered in this study 

to improve the service delivery to LEP children and families. 

MIGRANT AND SEASONAL HEAD START

The Migrant Head Start program was started in 1969 to ensure 

that farmworker families and their children can enjoy the same advantages made available to other low income children through 

Head Start. The program was initially established to provide for 

the needs of migrant farmworker children as they moved across the 

country with their families to pursue work. In 1998, services under 

Migrant Head Start were expanded to include services to the children of seasonal farmworkers, those who are engaged in seasonal 

agricultural labor but have not relocated within the last two year 

period. The current Migrant and Seasonal Head Start program 

(MSHS) serves approximately 37,000 migrant children and 2,500 


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seasonal children annually, operating in 40 states. Migrant Head 

Start programs were the first Head Start programs to serve infants 

and toddlers and today, two-thirds of the children in the program 

are infants and toddlers. 

The MSHS program model is specifically designed to meet the 

unique challenges faced by migrant and seasonal farmworker children. Due to the nature of farm labor, farmworker families often 

need full day services—starting at 6:00 a.m. and running through 

6:00 p.m., and often six days a week. In many states, MSHS programs operate in very rural locations, running from May to October, rather than the typical school year schedule. Many of the families and children are on the move for much of the year and need 

services at different times, in different states and locations. In addition, because most of the farmworker families being served are 

Spanish speaking only or bilingual Spanish, MSHS programs must 

have bilingual teachers and staff. 

MSHS programs face many unique challenges, and the Improving Head Start Act of 2007 takes steps to help improve the delivery 

of services in these programs. Unfortunately, program funding for 

MSHS has been inadequate to meet the needs of eligible farmworker families and their children. The Committee is committed to 

seeing that additional resources are made available to MSHS programs in order to ensure that a greater percentage of eligible migrant and seasonal children can access Head Start. The Committee 

is also committed to making certain that systems be put in place 

by the Secretary to better evaluate existing demand. Currently, inadequate data systems have left the Secretary unable to determine 

accurately the number of eligible families and those who MSHS 

services are reaching. H.R. 1429 addresses these problems in several ways. First, the Committee creates a set-aside for MSHS of 

five percent of total appropriations, until such time as the Secretary can develop an accurate data system to ensure that access 

to funding eligible children of migrant and seasonal farmworkers 

is comparable to access to funding for other eligible children. Furthermore, the Committee requires the Secretary to work in consultation with the U.S. Departments of Agriculture, Labor, and 

Education, and the Bureau of Migrant Health, to establish a system for collecting and reporting data on farmworkers and their 

families, identifying and eliminating barriers to enrollment, and effectively tracking health and educational documents as families 

move from state to state. 

INDIAN HEAD START

The Committee recognizes the significant challenges faced by 

many eligible children living on Indian reservations, and H.R. 1429 

seeks to address the unique educational, cultural, and native language-related needs of Native American children. The Improving 

Head Start Act of 2007 requires the maintenance of a separate Indian Head Start office and requires the inclusion of representatives 

of Indian Head Start programs on the State Early Learning Council. It also requires the Secretary to consult annually with tribal 

governments in each affected Head Start region for the purpose of 

better meeting the needs of American Indian and Alaska Native 

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hood education training and technical assistance for Indian Head 

Start programs. The Committee encourages the Secretary to provide this training and technical assistance through national awards 

to contractors with knowledge of, and experience in working with 

the populations served by these programs. 

H.R. 1429 also requires the Secretary to establish a National Director of Indian Head Start Collaboration. The Committee intends 

for this position to be assigned the same responsibilities assigned 

to the Directors of State Head Start Collaboration. Though it is important that the State Directors of Head Start Collaboration engage with the Indian populations in their respective states, the National Director will ensure that the specific issues faced by children 

and families served by Indian Head Start are appropriately addressed. The National Indian Head Start Collaboration Director 

will also serve as a conduit for knowledge and understanding of 

this population served by Head Start and Early Head Start programs. 

The Committee encourages the Secretary to consult with American Indian and Alaska Native experts in early childhood development, linguists, and representatives from Indian Head Start programs on the review and promulgation of any revised program 

standards and measures (including standards and measures for 

language acquisition and school readiness) developed by the Secretary. Finally, although the Indian Head Start program serves 

more than 23,000 children each year, there still exists a need to expand services to additional eligible children. Therefore, H.R. 1429 

requires the Secretary establish a system by which the need for 

services for eligible children can be determined accurately, and 

until such system is available, requires that not less than 3.5 percent of the annual Head Start appropriation be made available for 

Indian Head Start programs. 

IMPROVED ACCOUNTABILITY

The Committee believes that most Head Start programs run 

high-quality early education programs with sound fiscal management. A study by the General Accountability Office (GAO) issued 

in March 2005 confirms this observation but also makes clear that 

there are some needed improvements to the Head Start accountability framework. In addition, Members of the Committee have repeatedly heard from local grantees and the Department of significant problems with the triennial monitoring system. The Committee believes Head Start children and families will benefit from 

a strong but fair accountability system, and therefore, H.R. 1429 

takes a number of steps to improve Head Start accountability. 

Recompetition 

One of the recommendations in the GAO report issued in February 2005 was to initiate some recompetition into the Head Start 

program. The Committee agrees that limited recompetition of lowperforming Head Start agencies will improve overall program performance. Evidence shows that continuity of program services by 

high-quality grantees best serves children and families in Head 

Start. The most effective way of fighting the effects of poverty within a community is to provide a sustained and continual effort. 

Moreover, the existing stability within Head Start, in most inVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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stances, promotes better quality and more efficiency. It helps the 

organization become trusted within the community it is trying to 

serve, thereby creating better community relations and better outreach to eligible children and families. Continuity and stability provided by high-quality grantees helps programs to recruit and retain 

better teachers and better plan professional development. Continuity and stability can also have a significant impact on cost effective resource allocation by affecting a program’s ability to leverage funds in its community and negotiate lower facilities costs and 

business loans. The continuity of high-quality grantees better ensures that taxpayer monies spent on professional development and 

facilities are investments that continue to benefit children served 

by Head Start. Thus, recompetition of high quality programs could 

have the unintended effect of undermining program quality and decreasing the efficiency of Head Start expenditures. Therefore, H.R. 

1429 includes a provision to begin limited recompetition of only 

under-performing programs. These provisions are not intended to 

give the Secretary discretion to re-compete the majority of Head 

Start programs as the Committee strongly believes this would undermine overall program quality. 

The Committee has designed a process wherein the Secretary 

must convene an expert panel to devise a system of application review to identify the programs meeting the mission of providing 

high quality comprehensive early childhood programs. Those programs would not be required to re-compete for their grant and 

would receive a five year grant award. H.R. 1429 requires the system to be based on information from annual budget data, annual 

audits, the triennial review, PIR data, and the classroom observation instrument. The Committee includes the triennial review as 

part of this system because this extensive review generally contains a wealth of information. However, the Committee strongly encourages the expert panel and the Secretary to use this information 

more thoughtfully than simply tabulating whether a grantee has 

been deemed deficient or not. The Committee believes the process 

of determining whether a grantee is deficient is seriously flawed, 

and Assistant Secretary for Children and Families, Wade Horn, informed Committee staff that an internal quality control process has 

found the determination of deficiency to be unreliable. Furthermore, the Committee believes that there are high quality programs 

that are deemed deficient and there are seriously under-performing 

programs that are not deemed deficient. Therefore, in including the 

triennial review as data for the application review system, the 

Committee encourages the panel to use the data cautiously and 

wisely. In addition, H.R. 1429 explicitly requires the Secretary seek 

public comment before implementing an application review system. 

The Committee intends for the Secretary to take this public comment seriously and give the expertise available outside the Department due consideration. 

Triennial reviews 

An effective monitoring system is essential to the integrity of the 

Head Start program. That is why a triennial review system of program standards has long been an essential component of the Head 

Start program. In 2000, the PRISM (Program Review Instrument 

for Systems Monitoring) was implemented to reflect the new proVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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gram performance standards from the 1998 reauthorization of 

Head Start, and the PRISM has been under constant modification 

since that time. The original purpose was to create ‘‘an integrated, 

comprehensive and outcome-focused approach to ensure compliance 

with regulations. This approach promotes quality and supports programs in delivering services for children and families in a more holistic manner.’’ The Committee has learned through various 

sources, including repeated complaints from local programs, the 

February 28, 2007 testimony before this Committee from Barbara 

Haxton, President of the Ohio Head Start Association, a February 

2005 GAO report, and the Department, that the current PRISM review system is not effective and reliable. Instead of providing a balanced review of programs that helps identify programs strengths 

and weaknesses, the PRISM is an overly bureaucratic, punitive and 

hostile review system that has not reliably evaluated program compliance. 

H.R. 1429 contains numerous provisions to improve the PRISM 

and re-focus its purpose to yield information that programs and the 

Secretary can use for program improvement. This includes requiring the triennial review use a ‘‘risk-based assessment’’ system that 

is less focused on a checklist of more than 1,200 items, and more 

focused on a broad view of program quality service delivery and 

sound fiscal management. H.R. 1429 also includes new requirements regarding the qualifications of the review team in order to 

respond to serious concerns about the qualifications of the members 

of the review teams. H.R. 1429 also requires triennial reviews address program weaknesses and strengths. The current model of focusing solely on program deficits runs counter to central principles 

of typical grant review systems and leads to an unnecessarily hostile relationship between Head Start agencies and review teams. 

The Committee believes triennial reviews can be invaluable to improving program quality, but only if they are conducted in a manner in which Head Start programs are collaborators in their own 

improvements. In addition, H.R. 1429 requires the review findings 

be presented to Head Start agencies in a manner that allows them 

to inform the development and implementation of their plan for 

training and technical assistance. The Committee believes a strong 

connection between the review process and the training and technical assistance system is vital to program quality, and H.R. 1429 

requires this connection be established. In addition, the Committee 

believes a strong fiscal management protocol is needed in the triennial reviews, requires such a protocol be implemented and requires the Secretary to report to Congress on the Department’s efforts to ensure strong fiscal controls at all levels of the Head Start 

program. 

Program governance 

The Improving Head Start Act of 2007 aims to improve program 

governance. The Committee believes a shared governance structure 

is an important component to the unique role of parent involvement in Head Start; however, the Committee is concerned there 

are occasions where such structure has led to insufficient attention 

from the governing board. H.R. 1429 aims to strengthen program 

quality by improving the operation of the governing body while 

maintaining a shared governance structure with parent policy 


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councils. By requiring active participation of the governing body, 

creating a finance and audit committee, prohibiting persons with 

conflicts of interest from serving on the boards, clearly defining the 

body’s responsibilities, and requiring training for governing body 

and parent policy council members, the Committee intends to ensure that governing bodies and parent policy councils work actively 

and in concert with one another to provide strong governance. The 

Committee understands that Head Start grantees who are public 

entities often cannot meet the requirements of the composition of 

the governing body, and therefore includes exceptions where needed. Furthermore, the Committee understands that in some rural 

areas, the board composition requirements will pose difficult challenges for some Head Start grantees, and therefore allows for consultants to be used in such cases. 

Termination of programs 

The Improving Head Start Act of 2007 strengthens federal authority to initiate grantee termination proceedings. The Committee 

encourages the Secretary to use his or her authority under current 

law and new authorities under this legislation to terminate expeditiously any grantee that is found to have recurring deficiencies. 

Furthermore, the Committee recognizes the Secretary’s existing authority to issue immediate suspensions of funding to any agency in 

emergency situations. In such instances, funding to the grantee is 

suspended and an interim organization provides services until a replacement agency can be identified or the Secretary determines it 

is appropriate to resume funding to such agency. The Committee 

recognizes and reaffirms the rights of a grantee to appeal a termination decision, but is concerned that some reviews have been reported to continue several years. The Committee notes that seven 

months or several years is too long for children to endure programs 

with demonstrated deficiencies and urges the Departmental Administrative Boards to move swiftly to render decisions on such 

matters. 

IMPROVED COORDINATION

The Committee believes children and families will benefit from 

effective coordination between Head Start and other early childhood services. Appropriate coordination can allow more effective 

use of Head Start dollars and improved service delivery. There are 

many examples of innovative and effective Head Start collaborations. In some locations, Head Start successfully coordinates with 

local education agencies to provide transportation services the 

Head Start program would be otherwise unable to provide. In other 

areas, Head Start collaborates closely with state-funded pre-kindergarten in order to improve teacher quality and teacher salaries. 

Many centers coordinate with local child care services in order to 

extend program hours of operation to better meet the needs of 

working families. Because the Committee believes coordination can 

be important to leveraging community dollars and improving service delivery, H.R. 1429 asks Head Start programs to prioritize coordination further. 

The Improving Head Start Act of 2007 improves local coordination by requiring each Head Start grantee to enter into a memorandum of understanding (MOU) with providers of state pre-kinVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00063 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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dergarten programs in their service area in order to better align 

their activities. The Committee believes that state-funded pre-kindergarten will benefit from this arrangement as much as Head 

Start programs. The Committee additionally believes that Head 

Start programs will benefit from provisions in H.R. 1429 designed 

to focus the activities of the state Head Start collaboration offices. 

The work of the Collaboration office should help strengthen Head 

Start’s linkages with the appropriate IDEA services, as well as 

state health, mental health, and family services. H.R. 1429 also reserves up to $5 million each year for state Early Learning Councils. 

The Committee believes that State Early Learning Councils have 

the potential to improve the quality and service delivery of early 

childhood services throughout the state. 

TRAINING AND TECHNICAL ASSISTANCE

H.R. 1429 reserves at least two percent of annual Head Start appropriations for the purposes of training and technical assistance 

(T/TA). These funds are intended to help agencies make continuous 

improvements in the quality of their programs and services, and 

the Committee retains the set-aside because it believes T/TA is an 

important component to program quality. Regular, ongoing training 

and professional development for all Head Start staff is essential 

to the program’s continued success and the T/TA system is integral 

to this process. In addition, the science associated with preparing 

children for a lifetime of learning continues to evolve and inform 

best practices, and must be continually integrated into the Head 

Start program. The Committee encourages the Secretary to work 

with local grantees to ensure that grantees prepare a comprehensive annual assessment of their program needs prior to the development of their T/TA budget. Grantees’ T/TA activities should reflect the key areas of improvement identified by such assessment 

and be part of a comprehensive plan to improve program quality. 

Under the current system, the Secretary gives approximately 

half of the T/TA funds directly to grantees for the purposes of locally-determined T/TA needs and uses the other half for meeting T/ 

TA needs prioritized by the Secretary. H.R. 1429 formalizes the 

process of sending half of these funds to local grantees, and includes a listing of allowable use of funds in order to target T/TA 

to high-quality activities that will have an effect on program quality. H.R. 1429 aims to replace the current system of regional T/TA 

which has been ineffective, and requires the Secretary to use at 

least 30 percent of the T/TA funds to support a state-based system, 

through which the Secretary will contract with qualified entities 

within each state to provide T/TA to local grantees. The Committee 

believes this structure will improve the quality and appropriateness of services for Head Start agencies. H.R. 1429 leaves the remainder of the T/TA funding at the Secretary’s discretion. 

The Improving Head Start Act of 2007 also restricts the use of 

training and technical assistance funds for travel expenditures associated with attending conferences when similar training and 

technical assistance is available locally or regionally. It is the Committee’s view that occasional travel may be necessary, but that excessive travel to conferences or events is generally not an appropriate or effective use of training and technical assistance funds. 

Whenever possible, Head Start programs should utilize local or reVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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gionally based training opportunities and should restrict travel to 

occasions when an identified training need cannot be met through 

local or regional resources. All T/TA expenditures should be consistent with the training and technical assistance needs identified 

in a grantee’s annual plan for training and technical assistance. 

FACILITIES MANAGEMENT

The Committee understands that Head Start grantees may be 

experiencing difficulties in meeting the Department’s grant period 

for facility-related funding in situations where grantees are governed by an alternate fiscal year. In cases where a grantee is 

awarded funds after the start of its fiscal year, grantees have been 

faced with a limited time period in which to obligate funds. Such 

grantees are working under an inadequate time period in order to 

meet all review and approval processes required at the local or 

state level. Under current rules, a grantee must submit a formal 

request to carry over funds, which may take several months to approve. The Committee recommends the Department consider the 

needs of some grantees to obligate funds over a reasonable period 

of time that may exceed the current rules, and provide additional 

time to grantees in certain situations. In addition, the Committee 

understands that some portable facilities being used by Head Start 

grantees are well over 30 years old, are deteriorating to the point 

of no longer being suitable, and that the costs to repair these aging 

facilities often exceeds the cost of replacing them. 

The Committee encourages the Department to work closely with 

grantees to explore innovative solutions to this problem recognizing 

current budgetary constraints. The Committee also urges the Department to evaluate the location of Head Start facilities to ensure 

that services are located in the areas of most need and are conveniently located to the population served by Head Start. The Committee recognizes that over time low-income communities may shift 

locations, particularly within urban areas, and that in some cases 

Head Start programs have not moved along with the population. In 

an effort to target Head Start resources to serve the country’s poorest children and families, the Committee encourages the Department to use its resources efficiently by re-locating programs to 

areas with the greatest need, and/or reducing funding for programs 

that continue to operate under-capacity, as appropriate. 

PALAU

The Committee is aware that the existing Compact between the 

United States and the Republic of Palau is scheduled to expire in 

2009. Until that time, the Republic of Palau should continue to receive assistance under Head Start. The Committee also acknowledges that, in 2009, if negotiations between the Republic of Palau 

and the United States are not complete, or if Congress has yet to 

enact any completed negotiated agreement, then the Committee 

will revisit the Republic of Palau’s continuing participation in the 

Head Start program. 

CIVIL RIGHTS PROTECTIONS

Faith-based organizations play a vital and critical role in serving 

our nation’s most disadvantaged children through the Head Start 


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program. In fact, Head Start is the second largest source of federal 

funds for faith-based organizations. The Committee appreciates the 

service of these organizations to Head Start children and families 

and strongly supports their continued eligibility as Head Start 

grantees. H.R. 1429 contains provisions confirming the standing of 

faith-based organizations as eligible grantees. 

The Committee also re-affirms the civil rights of all Head Start 

staff, parents, and children by keeping intact the long-standing 

Head Start requirement that prohibits any form of discrimination 

within Head Start. The Committee strongly rejected a misguided 

amendment offered by Representative Fortun ̃ o to inject religious 

discrimination into the Head Start program for the first time since 

its inception and which would have represented the first ever repeal of a civil rights provision. The Committee strongly rejects unsubstantiated claims that the Fortun ̃ o amendment is necessary to 

ensure the participation of faith-based organizations in the Head 

Start program. In fact, faith-based organizations that currently run 

Head Start have written to the Committee opposing such an 

amendment in unequivocal terms. Not only have faith-based organizations in Head Start not sought the Fortun ̃ o amendment; they 

have expressly opposed any attempt to reduce the civil rights protections for their staff. 

Since 1972, the Head Start statute has included a civil rights 

provision (Section 654(a) of current law) to protect the rights of 

those who participate in the Head Start program—children, parents, teachers, employees and volunteers—to be free from discrimination in any form. That same year, Congress enacted the expanded religious exemption for religious organizations under Title 

VII of the Civil Rights Act of 1964. Together these provisions reflect an understanding by Congress that the First Amendment allows religious organizations to manage themselves according to the 

dictates of their faith, and that it is appropriate to set basic civil 

rights and anti-discrimination standards in federally funded social 

service programs that are financed by Americans of all faiths and 

no faith. 

As a critical component of America’s civil rights platform, Head 

Start has endeavored to provide all children in need with the opportunities of education and an environment to assist in their 

healthy development that would enable them to arrive at school 

ready to succeed. The Committee recognizes that Section 654(a) of 

the Head Start Act is central to this effort and H.R. 1429 preserves 

this important provision. The Committee is troubled by statements 

made by David Kuo, former Deputy Director of the White House 

Office of Faith-Based and Community Initiatives under the Bush 

Administration that the civil rights issue is being used as political 

weapon against Democrats. In his recent book, ‘‘Tempting Faith’’, 

and in congressional testimony, David Kuo affirmed that the issue 

of hiring discrimination is a false debate employed for political 

gain. In testimony before the House Government Reform Subcommittee on Criminal Justice, Drug Policy, and Human Resources 

on June 21, 2005, Kuo stated: 

[M]any members of the President’s own party expressed 

equal parts apathy and antipathy towards this agenda. 

Money for the poor? Why, it will just get wasted, they said. 

We just need to cut the funds and let the private sector 


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take over. We don’t need more funds, all we really need to 

do is make sure that we have a huge political fight over 

religious charities’ right to hire and fire based on their 

own faith. That way, as I have heard time and time again, 

Republicans will be seen as fighting for religions and 

Democrats will be seen as fighting against it. 

The Committee believes Head Start is too important to be held 

hostage to such blatant partisan jockeying and we are joined by numerous religious, civil rights, labor and educational organizations 

that support current law’s civil rights protections. The Head Start 

program is a model for demonstrating that a prohibition on religious employment discrimination with federal funds is fully compatible with federal assistance to faith-based charities. The Committee believes Head Start employees should be hired solely on the 

basis of their qualifications to provide a high quality early childhood program that prepares its students to succeed in school and 

in life. The retention of civil rights protections in the Improving 

Head Start Act of 2007 will help ensure that happens. 

REFERENCES

Abbott-Shim, M., Lambert, R., & McCarty, F. (2003). A Comparison 

of School Readiness Outcomes for Children Randomly Assigned 

to a Head Start Program and the Program’s Wait List. Journal 

of Education for Students Placed At Risk, 8(2), 191–214. 

Bailey, D. (1999). ‘‘Pre-K at Issue,’’ ED, Volume 5, Number 1. 

Frank Porter Graham Child Development Center, University of 

North Carolina at Chapel Hill. Chapel Hill, N.C. 

Broaddus, M. & Sherman, A. (May 2005). Poverty, Income, and 

Health Insurance Coverage Tables, Center on Budget and Policy 

Priorities. 

Burchinal, M., Howes, C., Pianta, R. C., Bryant, D., Early, D., 

Clifford, R., & Barbarin, O. (in press). Predicting child outcomes 

at the end of kindergarten from the quality of pre-kindergarten 

teaching, instruction, activities, and caregiver sensitivity. Applied 

Developmental Science. 

Center for Law and Social Policy. Analysis of PIR Data of 2006. 

Currie, J., & Thomas, D. (1995). Does Head Start Make a Difference? The American Economic Review, Vol. 85(3), 341–364. 

Duncan, G.J. & Brooks-Gunn, J., Eds. (1997). Consequences of 

Growing Up Poor. Russell Sage Foundation. 

Government Accountability Office. Head Start: Further Development Could Allow Results of New Test To Be Used for Decision 

Making, GAO–05–343 (Washington, D.C.: May 2005). 

Government Accountability Office. Head Start: Comprehensive Approach to Identifying and Addressing Risks Could Help Prevent 

Grantee Financial Management Weaknesses, GAO–05–176 

(Washington, D.C.: February 2005). 

Hamm, K. (2006). More Than Meets the Eye: Head Start Programs, 

Participants, Families, and Staff in 2005. Center for Law and Social Policy, Policy Brief No. 8. 

Haxton, B. (2007). Testimony for Improving Head Start for America’s Children, Subcommittee on Early Education, Elementary, 

and Secondary Education, 110th Congress, 1st Session. February 

27, 2007. 


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La Paro, K., Pianta, R. C., & Stuhlman, M. (2004). Classroom Assessment Scoring System (CLASS): Findings From the Pre-K 

Year. The Elementary School Journal, 10, 409–426. 

Mashburn, A., Pianta, R. C., Hamre, B., Downer, J., Barbarin, O., 

Bryant, D., Burchinal, M., Clifford, R., Early, D., and Howes, C. 

(in press). Pre-K program standards and children’s development 

of academic, language, and social skills. Child Development. 

McLanahan, S., Haskins, R., Paxson, C., Rouse, C., & Sawhill, I. 

(Eds.), (2005). School Readiness: Closing Racial and Ethnic Gaps. 

The Future of Children, Volume 15(1). Princeton University and 

Brookings Institution Press. 

Moughty, S. (2003). The Zero-to-Three Debate: A Cautionary Look 

at Turning Science Into Policy. http://www.pbs.org/wgbh/ 

pages/frontline/shows/teenbrain/science/zero.html. 

National Research Council. Eager To Learn. Washington, D.C. 

2000. 

National Scientific Council on the Developing Child. (2007). The 

Science of Early Childhood Development. http:// 

www.developingchild.net. 

Pianta, R. C., Howes, C., Burchinal, M., Byrant, D., Clifford, R., 

Early, C., et al. (2005). Features of Pre-Kindergarten Programs, 

Classrooms, and Teachers: Do They Predict Observed Classroom 

Quality and Child Teacher Interactions? Applied Developmental 

Science, 9(3), 144–159. 

Thompson, R. (2007). Testimony for Improving Head Start for 

America’s Children, Subcommittee on Early Education, Elementary, and Secondary Education, 110th Congress, 1st Session. February 27, 2007. 

U.S. Census Bureau (2005). Current Population Survey, Annual 

Social and Economic Supplement. 

U.S. Census Bureau (2006), DeNavas-Walt, C., Proctor, B.D., & 

Lee, C.H., Current Population Reports, P60–231, Income, Poverty, and Health Insurance Coverage in the United States: 2005, 

U.S. Government Printing Office, Washington, DC, 2006. 

U.S. Department of Education, National Center for Education Statistics (2001). National Household Education Surveys, Program, 

Parent Interviews. Washington, D.C. 

U.S. Department of Health and Human Services (2007). The Secretary’s Advisory Committee on Head Start Accountability and 

Educational Performance Measures. Final Report. January. 

U.S. Department of Health and Human Services (2005). Trends in 

the Well-Being of America’s Children & Youth: 2003. Washington, D.C. 

U.S. Department of Health and Human Services, Administration 

for Children and Families (May 2005). Head Start Impact Study: 

First Year Findings. Washington, D.C. 

U.S. Department of Health and Human Services, Administration 

for Children and Families (2005). Promoting Positive Development in Young Children: Desiring Strategies That Work, Summary of Conference Proceedings. Head Start’s 7th National Research Conference, June 28–July 1, 2004. Washington, D.C. 

U.S. Department of Health & Human Services, Administration for 

Children & Families (2001). Head Start FACES: Longitudinal 

Findings on Program Performance, Third Progress Report. Washington, D.C. 


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U.S. Department of Health and Human Services (2000). Implementation of PRISM: Program Review Instrument for Systems Monitoring of Head Start and Early Head Start Grantees. ACYF–IM–

HS–00–21. DHHS/ACF/ACYF/HSB. 2000. 

V. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Cites the short title as the ‘‘Improving Head Start Act of 2007.’’

Section 2. Purpose 

Amends Section 636 of the Head Start Act (42 U.S.C. 9831). Sets 

forth the purpose of this bill. 

Section 3. Definitions 

Amends Section 637 of the Head Start Act (42 U.S.C. 9832). 

Modifies and adds to the definitions under this action, including 

definitions of ‘‘deficiency’’, ‘‘homeless children’’, ‘‘homeless family’’, 

‘‘limited English proficient’’, ‘‘professional development’’, ‘‘scientifically based research’’, and ‘‘State.’’

Section 4. Authorization of appropriations 

Amends Section 639 of the Head Start Act (42 U.S.C. 9834). Authorizes $735,000,000 to carry out this action for fiscal year 2008 

and such sums as necessary for fiscal years 2009 through 2012, including specific programs. 

Section 5. Allotment of funds; limitation on assistance 

Amends Section 640 of the Head Start Act (42 U.S.C. 9835). Designates the purposes and percentages for funding. Directs five percent of the total annual appropriations as a set-aside to migrant 

and seasonal Head Start programs and 3.5 percent to Indian Head 

Start programs. Provides funding for Republic of Palau through fiscal year 2009. Requires at least two percent of the annual appropriations be used for training and technical assistance, and of that, 

at least 50 percent is directed to local grantees; at least 30 percent 

to be used to set up a state-based training and technical assistance 

system, and the remainder may be used for training and technical 

assistance purposes at the Secretary’s discretion. Requires a minimum of 60 percent of funds in excess of the adjusted prior year 

appropriation to be used for the specified quality improvement activities. Requires the Secretary to award collaboration grants to 

states upon written request. Lists purposes for which collaboration 

grants shall be used. Requires appointment of a State Director of 

Head Start Collaboration and lists the responsibilities of this position. Requires the Secretary to conduct annual consultations with 

each region, tribal government or Early Head Start program operating an Indian or Migrant and Seasonal Head Start program. Increases the amounts reserved for the Early Head Start program. 

Section 6. Designation of Head Start agencies 

Amends Section 641 of the Head Start Act (42 U.S.C. 9836). 

Maintains the current process of designating a Head Start agency 

until such time that the Secretary develops and implements the described system of application review. Establishes an expert panel 


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to make recommendations to the Secretary on the development of 

a system for application review based upon specified data sources. 

Requires the opportunity for public comment prior to implementation of such system. Directs the Secretary to develop such a system 

that integrates these recommendations and will review each grant 

application every five years, with under-performing programs given 

an opportunity to enter into open competition. Requires the Secretary to ensure such system is transparent, valid, and reliable. 

Adds further language to criteria for designation under open 

competition, including an applicant’s plan to attract and retain 

qualified staff, maintain child-teacher ratios and family service 

caseloads, use scientifically based teaching practices, maintain 

standards, maintain strong fiscal controls, coordinate with pre-kindergarten and child care programs, coordinate with entities willing 

to commit resources, offer in-home visitation, offer mental and behavioral health services, extend outreach to fathers, meet needs of 

limited English proficient children and their families, meet diverse 

cultural needs, collaborate with other early childhood programs 

and local educational entities, and meet needs of homeless and foster children. Removes priority for non-profit applicants. 

Section 7. Quality standards; monitoring of Head Start agencies 

and programs 

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

Adds additional language requiring the Secretary to modify as necessary, program performance standards to be scientifically-based, 

developmentally appropriate, and based on the Head Start Child 

Outcomes Framework. Requires such standards, at a minimum, address language, prereading, mathematics, science, cognitive abilities, social and emotional development, approaches to learning, creative arts, and progress toward acquisition of the English language. 

Suspends the National Reporting System. Adds requirements about 

the characteristics and use of allowable measures and assessments. 

Prohibits the creation of a national database of identifiable information. Requires triennial reviews use a risk-based assessment 

system and evaluate strengths and weaknesses. Provides for unannounced site visits. Requires that reviews include an assessment of 

whether a program has addressed community needs and an observational tool that measures classroom quality. Requires that Early 

Head Start reviews be conducted by someone knowledgeable about 

infant and toddler development. Requires that review findings inform training and technical assistance plans. Directs Head Start 

agencies to review their delegate agencies. Requires self-assessments by each Head Start and delegate agency. Institutes enrollment reporting requirements. Establishes rules for redistribution of 

funds received from reduction of a base grant, recaptured or withheld. 

Section 8. Powers and functions of Head Start agencies 

Amends Section 642 of the Head Start Act (42 U.S.C. 9837) and 

re-organizes current statute into four new subsections. Adds specific language regarding each Head Start agency’s responsibilities 

in serving children with limited English proficiency and the involvement of grandparents and kinship caregivers, as appropriate. 

Maintains a system of shared program governance, with clearly deVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00070 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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lineated responsibilities shared between a governing body and a 

parent policy council. Specifies composition of governing body and 

parent policy council and prohibits conflicts of interest, except in 

cases where a Head Start grantee is a public entity and such requirements are not feasible. Directs the Secretary to guide Head 

Start agencies in developing an impasse policy for program governance. Establishes curricular requirements that are research-based 

and comprehensive and are aligned with the Head Start Child Outcomes Framework and state early learning standards, where appropriate. Requires the use of high-quality, reliable assessment and 

developmental screening and tools. Directs programs to develop 

training and technical assistance plans and teacher effectivenessfocused professional development plans. Requires programs to 

maintain 100 percent enrollment and a waitlist. Requires the use 

of strong fiscal controls. 

Section 9. Head Start transition and alignment with K–12 education 

Amends Section 642A of the Head Start Act (42 U.S.C. 9837a). 

Adds language including homeless families and their school-based 

liaisons in communication and outreach efforts. Adds requirements 

concerning curricular continuity, parental involvement, increasing 

participation of underserved populations and alignment with the 

Head Start Child Outcomes Framework and state early learning 

standards, where appropriate. Requires assistance to parents of 

limited English proficient children to improve transition to kindergarten. 

Section 10. Local and state integration of early childhood education 

Adds a new section. Requires that all Head Start agencies enter 

into, submit to the Secretary, and review annually, memoranda of 

understanding with the state-funded pre-kindergarten program in 

the agency’s service area. Makes available certain funds to be used 

to establish and support a State Early Learning Council, if a state 

submits a written request and provides matching funds, which 

shall included representatives from Head Start, preschool programs, local and state educational agencies, child care, and an 

IDEA official. Directs the council to improve coordination among 

their respective programs (including addressing barriers to and opportunities for such coordination), assist in developing state early 

learning standards, make recommendations for unified data collection, address coordination with health care and other communitybased support systems, and develop a plan to increase participation 

of underserved populations. 

Section 11. Administrative requirements and standards 

Amends Section 644 of the Head Start Act (42 U.S.C. 9839). 

Adds language requiring each Head Start agency publish an annual report. Requires that a request to purchase a facility for a 

Head Start program using Head Start money includes capacity and 

capability to provide Head Start services, potential to collaborate 

with community providers, and its relative cost-effectiveness to the 

facility purchase. 


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Section 12. Participation in Head Start programs 

Amends Section 645 of the Head Start Act (42 U.S.C. 9840). Includes children referred by child welfare services and homeless 

children as eligible children for Head Start programs. Adds language excluding military basic housing allowance from income eligibility calculation. Allows programs to convert funded Head Start 

slots to Early Head Start slots upon application to and approval by 

the Secretary. Allows Head Start programs to increase income eligibility to 130 percent of the federal poverty line with certain restrictions, upon application and approval by the Secretary. Allows 

Indian Head Start programs to convert Head Start slots to Early 

Head Start slots at any time. 

Section 13. Early Head Start programs 

Amends Section 645A of the Head Start Act (42 U.S.C. 9840a). 

Adds language including parenting skills and child development 

training to services provided to parents. Adds home-based services, 

programs for homeless infants and toddlers, and the agency responsible for the Child Abuse Prevention and Treatment Act to entities 

with which Early Head Start programs must coordinate. Requires 

programs to facilitate program coordination with Head Start and 

other early childhood programs. Adds Indian Head Start agencies 

to list of eligible entities. Adds professional development to training 

and technical assistance activities. Requires that all center-based 

staff have a minimum of a child development associate credential 

by September 30, 2009 and adds standards for staff qualifications 

and conduct of home visiting services. 

Section 14. Parental consent requirement for health care services 

Adds a new section. Defines ‘‘health care service’’ and ‘‘nonemergency intrusive physical examination’’ and requires all Head 

Start agencies to obtain written parental consent prior to administering or referring a child to any health care service. 

Section 15. Appeals, notice, and hearing 

Amends Section 646(a)(3) of the Head Start Act (42 U.S.C. 

9841(a)(3)). Clarifies the Secretary’s authority to terminate or reduce financial assistance before conclusion of an appeals process. 

Prevents federal Head Start funding appropriated under the Act 

from being used to pay legal fees for an appeal. 

Section 16. Records and audits 

Amends Section 647 of the Head Start Act (42 U.S.C. 9842). 

Adds language requiring all Head Start grantees to submit a complete accounting of administrative expenses to the Secretary on an 

annual basis. Requires Head Start agencies to submit to the Secretary a copy of the audit management letter following an audit 

conducted under the Single Audit Act. 

Section 17. Technical assistance and training 

Amends Section 648 of the Head Start Act (42 U.S.C. 9843). 

Adds language including homeless children and their families in 

community needs assessment, planning, and recruitment efforts. 

Targets limited English proficient children and their families for 

outreach. Requires training in the needs of special populations. ReVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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quires that more than half of training and technical assistance 

funding be used for classroom-focused training. Promotes recruitment of minority men to become Head Start teachers. Prohibits use 

of funds for travel to training activities available locally or regionally. Lists activities for which funds may be used by Head Start 

agencies. Directs the Secretary to study and report on the American Indian, Alaska Native, and Migrant and Seasonal Head Starteligible populations. Directs the Secretary to contract with entities 

in the states to support a state-based system of delivering training 

and technical assistance. Permits the Secretary to award demonstration grants for career ladder programs for Hispanic-serving 

institutions and Tribal Colleges. Encourages the Secretary to contract with an institution of higher education to develop an on-line 

graduate-level professional development program. 

Section 18. Staff qualifications and development 

Amends Section 648A of the Head Start Act (42 U.S.C. 9843a). 

Requires that by September 30, 2013, 50 percent of Head Start 

teachers nationwide have at least a baccalaureate in early childhood education or a related field and that within two years of enactment that all newly hired teachers have at least an associate’s 

degree in early childhood education or related field or be enrolled 

in such a program to be completed within three years of date of 

hire. Clarifies that teachers of infants and toddlers in Migrant and 

Seasonal Head Start programs should meet the teacher requirements for Early Head Start. Provides for an alternative certification for Teach for America participants meeting specific standards. Requires that recipients of financial assistance teach in a 

Head Start program for the same period of time for which the assistance was received. 

Section 19. Research, demonstrations, and evaluation 

Amends Section 649 of the Head Start Act (42 U.S.C. 9844). Establishes a study on limited English proficient Head Start children 

and families and strikes mention of a study the Secretary has 

deemed impracticable. Requires the Secretary to evaluate the status of Head Start programs affected by hurricanes Katrina and 

Rita, establish recommendations on a disaster preparedness plan, 

and information on coordination with the Federal Emergency Management Agency. 

Section 20. Reports 

Amends Section 650 of the Head Start Act (42 U.S.C. 9846). Includes homeless children, children in foster care and limited 

English proficient children in the status report requirements. Requires additional reporting on the 13 percent set-aside detailed in 

section 640(a)(2), the use of fiscal protocols as required in section 

641A(c), and the use of Individualized Education Plans in Head 

Start. Requires the Secretary to advise programs on how to address 

childhood obesity in Head Start students and air quality in Head 

Start centers. 


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Section 21. Wages and compensation 

Amends Section 653 of the Head Start Act (42 U.S.C. 9848). Prohibits any Head Start employee from being compensated at a rate 

greater than the level II Executive Schedule rate of pay. 

Section 22. Limitation on certain uses of funds 

Prohibits Head Start funds from being used for any pre-packaged 

news story unless the text or audio states that it is DHHS prepared or funded, or for publicity or propaganda. 

VI. EXPLANATION OF AMENDMENTS

The Amendment in the Nature of a Substitute, as amended, is 

explained in the body of this report. 

VII. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1, the Congressional Accountability Act, requires a description of the application of this bill 

to the legislative branch. H.R. 1429 amends and improves the Head 

Start Act to help low-income children arrive at kindergarten ready 

to succeed. The bill does not prevent legislative branch employees’

coverage under this legislation. 

VIII. UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the 

provisions of the reported bill include unfunded mandates. H.R. 

1429 contains no intergovernmental or private-sector mandates as 

defined by the Unfunded Mandates Reform Act (UMRA). Any costs 

to state, local, or tribal governments would result from complying 

with conditions for receiving federal assistance. 

IX. EARMARK STATEMENT

H.R. 1429 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clauses 9(d), 

9(e) or 9(f) of rule XXI of the House of Representatives. 


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XI. STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS

OF THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

body of this report. 

XII. NEW BUDGET AUTHORITY AND CBO COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of 

3(c)(3) of rule XIII of the House of Representatives and section 402 

of the Congressional Budget Act of 1974, the Committee has received the following estimate for H.R. 1429 from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 22, 2007. 

Hon. GEORGE MILLER, 

Chairman, Committee on Education and Labor, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1429, the Improving 

Head Start Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jonathan Morancy. 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 1429—Improving Head Start Act of 2007 

Summary: H.R. 1429 would reauthorize the Head Start program 

through 2012. Head Start was authorized through 2003 by the 

Coats Human Services Reauthorization Act of 1998 (Public Law 

105–285) and has since been extended through annual appropriation acts. 

CBO estimates that the bill would authorize additional appropriations of $6.0 billion in 2008 and $36.8 billion over the 2008–

2012 period, assuming that annual authorizations are adjusted for 

inflation when specific annual appropriation levels are not provided. (Without such inflation adjustments, the authorizations 

would total about $35.4 billion over the 2008–2012 period.) CBO estimates that appropriation of the authorized levels would result in 

additional outlays of $33.1 billion over the 2008–2012 period, assuming annual adjustments for inflation. (Outlays would total 

about $31.9 billion without adjustments for inflation.) Enacting 

H.R. 1429 would not affect direct spending or receipts. 

H.R. 1429 contains no intergovernmental or private-sector mandates as defined by the Unfunded Mandates Reform Act (UMRA). 

Any costs to state, local, or tribal governments would result from 

complying with conditions for receiving federal assistance. 


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Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1429 is shown in the following table. The costs 

of this legislation fall within budget function 500 (education, training, employment, and social services). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

Head Start Spending Under Current Law: 

Budget Authority 1 ............................................................... 6,889 1,389 0 0 0 0 

Estimated Outlays ............................................................... 6,846 3,751 761 97 14 0 

Proposed Changes: 

Estimated Authorization Level ............................................. 0 5,961 7,490 7,629 7,769 7,916 

Estimated Outlays ............................................................... 0 3,398 6,654 7,464 7,689 7,847 

Total Spending Under H.R. 1429: 

Estimated Authorization Level ............................................. 6,889 7,350 7,490 7,629 7,769 7,916 

Estimated Outlays ............................................................... 6,846 7,149 7,415 7,560 7,703 7,847 

1 The 2007 level is the amount appropriated for the Head Start program, including an advance of $1.389 billion. The 2008 level is the 

amount provided in an advance appropriation. Notes.—Components may not sum to totals because of rounding. 

Basis of estimate: H.R. 1429 would reauthorize the Head Start 

program through 2012. The program is currently authorized 

through September 30, 2007, by the Revised Continuing Appropriations Resolution, 2007 (Public Law 110–5). For this estimate, CBO 

assumes that the bill will be enacted before the start of fiscal year 

2008, that the estimated amounts shown in the table will be appropriated for each year, and that outlays will follow historical spending patterns. 

The Head Start program provides comprehensive child development services to low-income children. Services include education, 

health, nutrition, and social services with the goal of increasing the 

school readiness of young children in low-income families. 

The bill would authorize the appropriation of $7.350 billion in 

2008 (including the $1.389 billion advance already appropriated for 

fiscal year 2008), and such sums as may be necessary in 2009 

through 2012. CBO estimates that the total authorizations of additional appropriations for the 2008–2012 period would be $36.8 billion, assuming adjustments for inflation from 2009 through 2012, 

with resulting additional outlays of $33.1 billion over those five 

years. 

Funding for this program for a given fiscal year is provided by 

both a regular appropriation for that fiscal year and an advance 

appropriation provided earlier. Although the program has been 

funded by two separate appropriations since 2001, funding does not 

need to be authorized separately because all of the funds for a fiscal year could be provided in one appropriation. 

Intergovernmental and private-sector impact: H.R. 1429 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. Grant funds authorized by the bill would benefit state, 

local, and tribal governments that participate in the Head Start 

program. Any costs they incur from complying with increased management and oversight responsibilities would result from complying 

with conditions for receiving federal assistance. 

Previous CBO estimate: On March 20, 2007, CBO transmitted a 

cost estimate for S. 556 as ordered reported by the Senate Committee on Health, Education, Labor, and Pensions on February 14, 

2007. That bill would authorize the overall Head Start program 


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from 2008 through 2012. S. 556 would authorize slightly more 

funding than H.R. 1429, including two new grant programs that 

are not in the House bill. It also would establish a specific authorization level for Head Start for 2009 and 2010, whereas H.R. 1429 

would authorize such sums as necessary for those years. 

Estimate prepared by: Federal Costs: Jonathan Morancy. Impact 

on State, Local, and Tribal Governments: Lisa Ramirez-Branum. 

Impact on the Private Sector: Paige Shevlin. 

Estimate approved by: Robert A. Sunshine, Assistant Director for 

Budget Analysis. 

XIII. STATEMENT OF GENERAL PERFORMANCE GOALS AND

OBJECTIVES

In accordance with clause 3(c) of rule XIII of the House of Representatives, the goal of H.R. 1429 is to help low-income children 

arrive at kindergarten ready to succeed. The Committee expects 

the Department of Health and Human Services to comply with 

H.R. 1429 and implement the changes to the law in accordance 

with the changes. 

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the House of Representatives, 

the Committee must include a statement citing the specific powers 

granted to Congress in the Constitution to enact the law proposed 

by H.R. 1429. The Committee believes that the amendments made 

by this bill, which authorize appropriations for Head Start programs are within Congress’ authority under Article I, section 8, 

clause 1 of the U.S. Constitution. 

XV. COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the House of Representatives requires an estimate and a comparison of the costs that would be incurred in carrying out H.R. 1429. However, clause 3(d)(3)(B) of that 

rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate 

of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act. 

XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the House of Representatives, changes in existing law made by the bill, as reported, 

are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman): 

HEAD START ACT 

CHAPTER 8—COMMUNITY SERVICES PROGRAMS 

* * * * * * * 

SUBCHAPTER B—Head Start Programs 

* * * * * * * 


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øSEC. 636. STATEMENT OF PURPOSE. 

It is the purpose of this subchapter to promote school readiness 

by enhancing the social and cognitive development of low-income 

children through the provision, to low-income children and their 

families, of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be 

necessary.¿ 

SEC. 636. STATEMENT OF PURPOSE. 

It is the purpose of this subchapter to promote the school readiness of low-income children— (1) by enhancing their cognitive, social, and emotional development in a learning environment that supports children’s 

growth in language, literacy, mathematics, science, social and 

emotional functioning, physical skills, and approaches to learning; and 

(2) through the provision to low-income children and their 

families of health, educational, nutritional, social, and other 

services that are determined, based on family needs assessments, to be necessary. 

DEFINITIONS

SEC. 637. For purposes of this subchapter: 

(1) * * * 

(2) The term ‘‘deficiency’’ means— (A) systemic or significant material failure of a Head 

Start agency in an area of performance that the Secretary 

determines involves— (i) a threat to the health, safety, or civil rights of 

children or staff; 

(ii) a denial to parents of the exercise of their full 

roles and responsibilities related to program governance; 

(iii) a failure to perform the requirements of section 

641A(a), as determined by the Secretary; 

(iv) the misuse of funds received under this subchapter; 

(v) loss of legal status (as determined by the Secretary) or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the 

improper use of Federal funds; or 

(vi) failure to meet any other of Federal or State requirement; or 

(B) material failure of the board of directors of a Head 

Start agency to meet its legal and fiduciary responsibilities. 

ø(2)¿ (3) The term ‘‘delegate agency’’ means a public, private 

nonprofit, or for-profit organization or agency to which a grantee has delegated all or part of the responsibility of the grantee 

for operating a Head Start program. 

ø(3)¿ (4) The term ‘‘family literacy services’’ means services 

that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and 

that integrate all of the following activities: 

(A) * * * 

ø(4)¿ (5) The term ‘‘financial assistance’’ includes assistance 

provided by grant, agreement, or contract, and payments may 


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be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. 

ø(5)¿ (6) The term ‘‘full calendar year’’ means all days of the 

year other than Saturday, Sunday, and a legal public holiday. 

ø(6)¿ (7) The term ‘‘full-working-day’’ means not less than 10 

hours per day. Nothing in this paragraph shall be construed to 

require an agency to provide services to a child who has not 

reached the age of compulsory school attendance for more than 

the number of hours per day permitted by State law (including 

regulation) for the provision of services to such a child. 

ø(7)¿ (8) The term ‘‘Head Start classroom’’ means a group of 

children supervised and taught by two paid staff members (a 

teacher and a teacher’s aide or two teachers) and, where possible, a volunteer. 

ø(8)¿ (9) The term ‘‘Head Start family day care’’ means Head 

Start services provided in a private residence other than the 

residence of the child receiving such services. 

ø(9)¿ (10) The term ‘‘home-based Head Start program’’

means a Head Start program that provides Head Start services 

in the private residence of the child receiving such services. 

(11) The term ‘‘homeless children’’ has the meaning given 

such term in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)). 

(12) The term ‘‘homeless family’’ means the family of a homeless child. 

ø(10)¿ (13) The term ‘‘Indian tribe’’ means any tribe, band, 

nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of 

the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)) 

or established pursuant to such Act (43 U.S.C. 1601 et seq.), 

that is recognized as eligible for the special programs and services provided by the United States to Indians because of their 

status as Indians. 

(14) The terms ‘‘limited English proficient’’ and ‘‘limited 

English proficiency’’ mean with respect to an individual, that 

such individual—

(A)(i) was not born in the United States or has a native 

language that is not English; 

(ii)(I) is a Native American, an Alaska Native, or a native resident of a territory or possession of the United 

States; and 

(II) comes from an environment in which a language that 

is not English has had a significant impact on such individual’s level of English language proficiency; or 

(iii) is migratory, has a native language that is not 

English, and comes from an environment in which a language that is not English is dominant; and 

(B) has difficulty in speaking or understanding the 

English language to an extent that may be sufficient to prevent such individual from—

(i) successful achievement in classrooms in which the 

language of instruction is English; or 

(ii) fully participating in society. 


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ø(11)¿ (15) The term ‘‘local educational agency’’ has the 

meaning given such term in the Elementary and Secondary 

Education Act of 1965. 

ø(12)¿ (16) The term ‘‘migrant and seasonal Head Start program’’ means—

(A) * * * 

* * * * * * * 

ø(13)¿ (17) The term ‘‘mobile Head Start program’’ means 

the provision of Head Start services utilizing transportable 

equipment set up in various community-based locations on a 

routine, weekly schedule, operating in conjunction with homebased Head Start programs, or as a Head Start classroom. 

ø(14)¿ (18) The term ‘‘poverty line’’ means the official poverty 

line (as defined by the Office of Management and Budget)—

(A) * * * 

* * * * * * * 

(19) The term ‘‘professional development’’ means high quality 

activities that will improve the knowledge and skills of Head 

Start teachers and staff, as relevant to their roles and functions, in program administration and the provision of services 

and instruction, as appropriate, in a manner that improves 

service delivery to eligible children and families, including activities that—

(A) are part of a sustained effort to improve overall program quality and outcomes for eligible children and families; 

(B) are developed or selected with extensive participation 

of administrators and teachers from Head Start programs; 

(C) are developmentally appropriate for the children 

being served; 

(D) include instruction in ways that Head Start personnel may work more effectively with parents, as appropriate; 

(E) are designed to give teachers and staff the knowledge 

and skills to provide instruction and appropriate support 

services to children of diverse backgrounds, as appropriate; 

(F) if a 1-day or short-term workshop or conference, must 

be as part of the professional development plan defined in 

section 648A(f) and be delivered by an institution of higher 

education or other entity with expertise in delivering training in early childhood development, family support, and 

other assistance designed to improve the delivery of Head 

Start services; 

(G) assist teachers with—

(i) the acquisition of the content knowledge and 

teaching strategies needed to provide effective instruction and other school readiness services in early language and literacy, early mathematics, early science, 

cognitive skills, approaches to learning, creative arts, 

science, physical health and development, and social 

and emotional development linked to school readiness; 

(ii) meeting the requirements in paragraphs (1) and 

(2) of section 648A(a), as appropriate; 


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(iii) improving classroom management skills, as appropriate; 

(iv) advancing understanding of effective instructional strategies that are— (I) based on scientifically based research; and 

(II) aligned with— (aa) the Head Start Child Outcomes Framework developed by the Secretary and State 

early learning standards, as appropriate; and 

(bb) the curricula, ongoing assessments, and 

other instruction and services designed to help 

meet the standards described in section 

641A(a)(1); 

(v) acquiring the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of limited 

English proficient children, as appropriate; or 

(vi) methods of teaching children with disabilities, as 

appropriate. 

ø(15)¿ (20) The term ‘‘scientifically based reading research’’—

(A) * * * 

* * * * * * * 

(21) The term ‘‘scientifically based research’’—

(A) means research that involves the application of rigorous, systematic and objective procedures to obtain reliable 

and valid knowledge relevant to education activities and 

programs; and 

(B) includes research that— (i) employs systematic, empirical methods that draw 

on observation or experiment; 

(ii) involves rigorous data analyses that are adequate 

to test the stated hypotheses and justify the general 

conclusions drawn; 

(iii) relies on measurements or observational methods 

that provide reliable and valid data across evaluators 

and observers, across multiple measurements and observations, and across studies by the same or different 

investigators; 

(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs or activities are assigned to different conditions 

and with appropriate controls to evaluate the effects of 

the condition of interest, with a preference for random 

assignment experiments, or other designs to the extent 

that those designs contain within-condition or acrosscondition controls; 

(v) ensures that experimental studies are presented in 

sufficient detail and clarity to allow for replication or, 

at a minimum, offer the opportunity to build systematically on their findings; and 

(vi) has been accepted by a peer-reviewed journal or 

approved by a panel of independent experts through a 

comparably rigorous, objective, and scientific review. 

ø(16)¿ (22) The term ‘‘Secretary’’ means the Secretary of 

Health and Human Services. 


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ø(17) The term ‘‘State’’ means a State, the Commonwealth of 

Puerto Rico, the District of Columbia, Guam, American Samoa, 

the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, but for fiscal years 

ending before October 1, 2001 (and fiscal year 2002, if the legislation described in section 640(a)(2)(B)(iii) has not been enacted before September 30, 2001), also means the Federated 

States of Micronesia, the Republic of the Marshall Islands, and 

the Republic of Palau.¿ 

(23) The term ‘‘State’’ means a State, the Commonwealth of 

Puerto Rico, the District of Columbia, Guam, American Samoa, 

the Virgin Islands of the United States, the Commonwealth of 

the Northern Mariana Islands, and the Republic of Palau. 

* * * * * * * 

øAUTHORIZATION OF APPROPRIATIONS

øSEC. 639. 

ø(a) There are authorized to be appropriated for carrying out the 

provisions of this subchapter such sums as may be necessary for 

fiscal years 1999 through 2003. 

ø(b) From the amount appropriated under subsection (a), the Secretary shall make available—

ø(1) for each of fiscal years 1999 through 2003 to carry out 

activities authorized under section 642A, not more than 

$35,000,000 but not less than the amount that was made available for such activities for fiscal year 1998; 

ø(2) not more than $5,000,000 for each of fiscal years 1999 

through 2003 to carry out impact studies under section 649(g); 

and 

ø(3) not more than $12,000,000 for fiscal year 1999, and such 

sums as may be necessary for each of fiscal years 2000 through 

2003, to carry out other research, demonstration, and evaluation activities, including longitudinal studies, under section 

649.¿ 

SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this subchapter $7,350,000,000 for fiscal year 2008 and 

such sums as may be necessary for fiscal years 2009 through 2012. 

(b) SPECIFIC PROGRAMS.—From the amount appropriated under 

subsection (a), the Secretary shall make available to carry out research, demonstration, and evaluation activities (including longitudinal studies under section 649) not more than $20,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal 

the years 2009 through 2012, of which not more than $7,000,000 for 

each of the fiscal years 2008 through 2012 shall be available to 

carry out impact studies under section 649(g). 

ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE

SEC. 640. 

ø(a)(1) Of the sums appropriated pursuant to section 639 for any 

fiscal year beginning after September 30, 1981, the Secretary shall 

allot such sums in accordance with paragraphs (2) through (4), and 

subject to paragraphs (5) and (6). 


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ø(2) The Secretary shall reserve 13 percent of the amount appropriated for each fiscal year for use in accordance with the following 

order of priorities— ø(A) Indian Head Start programs, services for children with disabilities, and migrant and seasonal Head Start programs, except 

that there shall be made available for each fiscal year for use by 

Indian Head Start programs and by migrant and seasonal Head 

Start programs, on a nationwide basis, not less than the amount 

that was obligated for use by Indian Head Start programs and by 

migrant and seasonal Head Start programs for fiscal year 1998; 

ø(B) payments, subject to paragraph (7)— ø(i) to Guam, American Samoa, the Commonwealth of the 

Northern Mariana Islands, and the Virgin Islands of the 

United States; 

ø(ii) for fiscal years ending before October 1, 2001, to the 

Federated States of Micronesia, the Republic of the Marshall 

Islands, and the Republic of Palau; and 

ø(iii) if legislation approving renegotiated Compacts of Free 

Association for the jurisdictions described in clause (ii) has not 

been enacted before September 30, 2001, for fiscal year 2002 

to those jurisdictions; 

according to their respective needs, except that such amount 

shall not exceed one-half of 1 percent of the sums appropriated 

for any fiscal year; 

ø(C) training and technical assistance activities which are sufficient to meet the needs associated with program expansion and to 

foster program and management improvement activities as described in section 648 of this subchapter, in an amount for each fiscal year which is not less than 2 percent of the amount appropriated for such fiscal year, of which not less than $3,000,000 of the 

amount appropriated for such fiscal year shall be made available 

to carry out activities described in section 648(c)(4); 

ø(D) discretionary payments made by the Secretary (including 

payments for all costs (other than compensation of Federal employees) of reviews of Head Start agencies and programs under section 

641A(c), and of activities carried out under paragraph (1), (2), or 

(3) of section 641A(d) related to correcting deficiencies and conducting proceedings to terminate the designation of Head Start 

agencies ; and 

ø(E) payments for research, demonstration, and evaluation activities under section 649. 

No funds reserved under this paragraph or paragraph (3) may be 

combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or 

a single discretionary payment, unless such funds appropriated 

under this subchapter are separately identified in such grant or 

payment and are used for the purposes of this subchapter. No Freely Associated State may receive financial assistance under this subchapter after fiscal year 2002. 

ø(3)(A)(i) In order to provide assistance for activities specified in 

subparagraph (C) directed at the goals specified in subparagraph 

(B), the Secretary shall reserve, from the amount (if any) by which 

the funds appropriated under section 639(a) for a fiscal year exceed 

the adjusted prior year appropriation, a share equal to the sum 

of—


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ø(I) 60 percent of such excess amount for fiscal year 1999, 50 percent of such excess amount for fiscal year 2000, 47.5 percent of 

such excess amount for fiscal year 2001, 35 percent of such excess 

amount for fiscal year 2002, and 25 percent of such excess amount 

for fiscal year 2003; and 

ø(II) any additional amount the Secretary may find necessary to 

address a demonstrated need for such activities. 

ø(ii) As used in clause (i), the term ‘‘adjusted prior year appropriation’’ means, with respect to a fiscal year, the amount appropriated pursuant to section 639(a) for the preceding fiscal year, adjusted to reflect the percentage change in the Consumer Price 

Index for All Urban Consumers (issued by the Bureau of Labor 

Statistics) during such preceding fiscal year. 

ø(B) Funds reserved under this paragraph (referred to in this 

paragraph as ‘‘quality improvement funds’’) shall be used to accomplish any or all of the following goals: 

ø(i) Ensuring that Head Start programs meet or exceed performance standards pursuant to section 641A(a)(1)(A). 

ø(ii) Ensuring that such programs have adequate numbers of 

qualified staff, and that such staff are furnished adequate training, 

including developing skills in working with children with nonEnglish language background and children with disabilities, when 

appropriate. 

ø(iii) Ensuring that salary levels and benefits are adequate to attract and retain qualified staff for such programs. 

ø(iv) Using salary increases to improve staff qualifications, and 

to assist with the implementation of career development programs, 

for the staff of Head Start programs, and to encourage the staff to 

continually improve their skills and expertise by informing the 

staff of the availability of Federal and State incentive and loan forgiveness programs for professional development. 

ø(v) Improving community-wide strategic planning and needs assessments for such programs and collaboration efforts for such programs. 

ø(vi) Ensuring that the physical environments of Head Start programs are conducive to providing effective program services to children and families, and are accessible to children with disabilities 

and their parents. 

ø(vii) Ensuring that such programs have qualified staff that can 

promote language skills and literacy growth of children and that 

can provide children with a variety of skills that have been identified, through scientifically based reading research, as predictive of 

later reading achievement. 

ø(viii) Making such other improvements in the quality of such 

programs as the Secretary may designate. 

ø(C) Quality improvement funds shall be used to carry out any 

or all of the following activities: 

ø(i)(I) Not less than one-half of the amount reserved under this 

paragraph, to improve the compensation (including benefits) of 

classroom teachers and other staff of Head Start agencies and 

thereby enhance recruitment and retention of qualified staff, including recruitment and retention pursuant to achieving the requirements set forth in section 648A(a). The expenditure of funds 

under this clause shall be subject to section 653. Preferences in 

awarding salary increases, in excess of cost-of-living allowances, 


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with such funds shall be granted to classroom teachers and staff 

who obtain additional training or education related to their responsibilities as employees of a Head Start program. 

ø(II) If a Head Start agency certifies to the Secretary for such fiscal year that part of the funds set aside under subclause (I) to improve wages cannot be expended by such agency to improve wages 

because of the operation of section 653, then such agency may expend such part for any of the uses specified in this subparagraph 

(other than wages). 

ø(III) From the remainder of the amount reserved under this 

paragraph (after the Secretary carries out subclause (I)), the Secretary shall carry out any or all of the activities described in 

clauses (ii) through (vii), placing the highest priority on the activities described in clause (ii). 

ø(ii) To train classroom teachers and other staff to meet the education performance standards described in section 641A(a)(1)(B), 

through activities— ø(I) to promote children’s language and literacy growth, 

through techniques identified through scientifically based reading research; 

ø(II) to promote the acquisition of the English language for 

non-English background children and families; 

ø(III) to foster children’s school readiness skills through activities described in section 648A(a)(1); and 

ø(IV) to provide training necessary to improve the qualifications of the staff of the Head Start agencies and to support 

staff training, child counseling, and other services necessary to 

address the problems of children participating in Head Start 

programs, including children from dysfunctional families, children who experience chronic violence in their communities, and 

children who experience substance abuse in their families. 

ø(iii) To employ additional Head Start staff, including staff necessary to reduce the child-staff ratio and staff necessary to coordinate a Head Start program with other services available to children participating in such program and to their families. 

ø(iv) To pay costs incurred by Head Start agencies to purchase 

insurance (other than employee benefits) and thereby maintain or 

expand Head Start services. 

ø(v) To supplement amounts provided under paragraph (2)(C) to 

provide training necessary to improve the qualifications of the staff 

of the Head Start agencies, and to support staff training, child 

counseling, and other services necessary to address the problems of 

children participating in Head Start programs, including children 

from dysfunctional families, children who experience chronic violence in their communities, and children who experience substance 

abuse in their families. 

ø(vi) Such other activities as the Secretary may designate. 

ø(D)(i) Funds reserved under subparagraph (A) shall be allotted 

by the Secretary as follows: 

ø(I) 80 percent of such funds shall be allotted among the States 

in the same proportion as the Secretary allots funds among the 

States under paragraph (4) for the respective fiscal year. 

ø(II) 20 percent of such funds shall be allotted among the States, 

geographical areas specified in subsection (a)(2)(B) and Indian 

Head Start programs and migrant and seasonal Head Start proVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00090 Fmt 6659 Sfmt 6601 E:\HR\OC\HR067.XXX HR067

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grams, and used to make grants to Head Start agencies, at the discretion of the Secretary. 

ø(ii) Funds allotted under clause (i) shall be used by the Secretary to make grants to Head Start agencies that receive grants 

from funds allotted under paragraph (4) for such fiscal year, in 

such amounts as the Secretary considers to be appropriate, for expenditure for activities specified in subparagraph (C). 

ø(iii) Funds received under this subparagraph shall be used to 

supplement, not to supplant, funds received under paragraph (2) or 

(4). 

ø(4) Subject to section 639(b), the Secretary shall allot the remaining amounts appropriated in each fiscal year among the 

States, in accordance with latest satisfactory data so that—

ø(A) each State receives an amount which is equal to the amount 

the State received for fiscal year 1998; and 

ø(B) any amount available after all allotments are made under 

subparagraph (A) for such fiscal year shall be distributed proportionately on the basis of the number of children less than 5 years 

of age from families whose income is below the poverty line. 

For purposes of this paragraph, for each fiscal year the Secretary 

shall use the most recent data available on the number of children 

less than 5 years of age from families whose income is below the 

poverty line, as published by the Department of Commerce, unless 

the Secretary and the Secretary of Commerce determine that use 

of the most recent data available would be inappropriate or unreliable. If the Secretary and the Secretary of Commerce determine 

that some or all of the data referred to in this paragraph are inappropriate or unreliable, the Secretaries shall issue a report setting 

forth their reasons in detail. 

ø(5)(A) From amounts reserved and allotted pursuant to paragraph (4), the Secretary shall reserve such sums as may be necessary to award the collaboration grants described in subparagraphs (B) and (D). 

ø(B) From the reserved sums, the Secretary may award a collaboration grant to each State to facilitate collaboration regarding 

activities carried out in the State under this subchapter, and other 

activities carried out in, and by, the State that are designed to benefit low-income children and families and to encourage Head Start 

agencies to collaborate with entities involved in State and local 

planning processes (including the State lead agency administering 

the financial assistance received under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) and the 

entities providing resource and referral services in the State) in 

order to better meet the needs of low-income children and families. 

ø(C) A State that receives a grant under subparagraph (B) 

shall—

ø(i) appoint an individual to serve as a State liaison between—

ø(I) the appropriate regional office of the Administration for 

Children and Families and agencies and individuals carrying 

out Head Start programs in the State; and 

ø(II) agencies (including local educational agencies) and entities carrying out programs serving low-income children and 

families; 


hmoore on PROD1PC68 with HMRPT
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ø(ii) involve the State Head Start Association in the selection of 

the individual, and involve the association in determinations relating to the ongoing direction of the collaboration; 

ø(iii) ensure that the individual holds a position with sufficient 

authority and access to ensure that the collaboration described in 

subparagraph (B) is effective and involves a range of State agencies; 

ø(iv) ensure that the collaboration described in subparagraph (B) 

involves coordination of Head Start services with health care, welfare, child care, education, and community service activities, family 

literacy services, activities relating to children with disabilities (including coordination of services with those State officials who are 

responsible for administering part C and section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1431–1444, 1419)), 

and services for homeless children; 

ø(v) include representatives of the State Head Start Association 

and local Head Start agencies in unified planning regarding early 

care and education services at both the State and local levels, including collaborative efforts to plan for the provision of full-working-day, full calendar year early care and education services for 

children; and 

ø(vi) encourage local Head Start agencies to appoint a State level 

representative to represent Head Start agencies within the State in 

conducting collaborative efforts described in subparagraphs (B) and 

(D), and in clause (v). 

ø(D) Following the award of collaboration grants described in 

subparagraph (B), the Secretary shall provide, from the reserved 

sums, supplemental funding for collaboration grants— ø(i) to States that (in consultation with their State Head Start 

Associations) develop statewide, regional, or local unified plans for 

early childhood education and child care that include the participation of Head Start agencies; and 

ø(ii) to States that engage in other innovative collaborative initiatives, including plans for collaborative training and professional 

development initiatives for child care, early childhood education 

and Head Start service managers, providers, and staff. 

ø(E)(i) The Secretary shall—

ø(I) review on an ongoing basis evidence of barriers to effective 

collaboration between Head Start programs and other Federal, 

State, and local child care and early childhood education programs 

and resources; 

ø(II) develop initiatives, including providing additional training 

and technical assistance and making regulatory changes, in necessary cases, to eliminate barriers to the collaboration; and 

ø(III) develop a mechanism to resolve administrative and programmatic conflicts between programs described in subclause (I) 

that would be a barrier to service providers, parents, or children 

related to the provision of unified services and the consolidation of 

funding for child care services. 

ø(ii) In the case of a collaborative activity funded under this subchapter and another provision of law providing for Federal child 

care or early childhood education, the use of equipment and 

nonconsumable supplies purchased with funds made available 

under this subchapter or such provision shall not be restricted to 

children enrolled or otherwise participating in the program carried 


hmoore on PROD1PC68 with HMRPT
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out under that subchapter or provision, during a period in which 

the activity is predominantly funded under this subchapter or such 

provision. 

ø(F) As used in this paragraph, the term ‘‘low-income’’, used with 

respect to children or families, shall not be considered to refer only 

to children or families that meet the low-income criteria prescribed 

pursuant to section 645(a)(1)(A). 

ø(6)(A) From amounts reserved and allotted pursuant to paragraphs (2) and (4), the Secretary shall use, for grants for programs 

described in section 645A(a), a portion of the combined total of such 

amounts equal to 7.5 percent for fiscal year 1999, 8 percent for fiscal year 2000, 9 percent for fiscal year 2001, 10 percent for fiscal 

year 2002, and 10 percent for fiscal year 2003, of the amount appropriated pursuant to section 639(a), except as provided in subparagraph (B). 

ø(B)(i) If the Secretary does not submit an interim report on the 

preliminary findings of the Early Head Start impact study currently being conducted by the Secretary (as of the date of enactment of the Head Start Amendments of 1998) to the appropriate 

committees by June 1, 2001, the amount of the reserved portion for 

fiscal year 2002 that exceeds the reserved portion for fiscal year 

2001, if any, shall be used for quality improvement activities described in section 640(a)(3) and shall not be used to serve an increased number of eligible children under section 645A. 

ø(ii) If the Secretary does not submit a final report on the Early 

Head Start impact study to the appropriate committees by June 1, 

2002, or if the Secretary finds in the report that there are substantial deficiencies in the programs carried out under section 645A, 

the amount of the reserved portion for fiscal year 2003 that exceeds 

the reserved portion for fiscal year 2002, if any, shall be used for 

quality improvement activities described in section 640(a)(3) and 

shall not be used to serve an increased number of eligible children 

under section 645A. 

ø(iii) In this subparagraph: 

ø(I) The term ‘‘appropriate committees’’ means the Committee on 

Education and the Workforce and the Committee on Appropriations 

of the House of Representatives and the Committee on Labor and 

Human Resources and the Committee on Appropriations of the 

Senate. 

ø(II) The term ‘‘reserved portion’’, used with respect to a fiscal 

year, means the amount required to be used in accordance with 

subparagraph (A) for that fiscal year. 

ø(C)(i) For any fiscal year for which the Secretary determines 

that the amount appropriated under section 639(a) is not sufficient 

to permit the Secretary to reserve the portion described in subparagraph (A) without reducing the number of children served by Head 

Start programs or adversely affecting the quality of Head Start 

services, relative to the number of children served and the quality 

of the services during the preceding fiscal year, the Secretary may 

reduce the percentage of funds required to be reserved for the portion described in subparagraph (A) for the fiscal year for which the 

determination is made, but not below the percentage required to be 

so reserved for the preceding fiscal year. 

ø(ii) For any fiscal year for which the amount appropriated under 

section 639(a) is reduced to a level that requires a lower amount 


hmoore on PROD1PC68 with HMRPT
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to be made available under this subchapter to Head Start agencies 

and entities described in section 645A, relative to the amount made 

available to the agencies and entities for the preceding fiscal year, 

adjusted as described in paragraph (3)(A)(ii), the Secretary shall 

proportionately reduce— ø(I) the amounts made available to the entities for programs carried out under section 645A; and 

ø(II) the amounts made available to Head Start agencies for 

Head Start programs. 

ø(7) For purposes of this subsection, the term ‘‘State’’ does not include Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of 

Micronesia, the Republic of the Marshall Islands, and Palau.¿ 

(a) ALLOTMENT OF FUNDS.—

(1) IN GENERAL.—Of the funds appropriated under section 

639, the Secretary shall allot such amounts in accordance with 

paragraphs (2) through (4), and subject to paragraphs (5) and 

(6). 

(2) THIRTEEN PERCENT SET-ASIDE.—The Secretary shall reserve 13 percent of the amount appropriated for each fiscal year 

for use in accordance with the following order of priorities: 

(A) SPECIAL POPULATIONS.—For Indian Head Start programs, services for children with disabilities, and migrant 

and seasonal Head Start programs, except that— (i) there shall be made available for each fiscal year 

for use by Indian Head Start programs and by migrant 

and seasonal Head Start programs, on a nationwide 

basis, not less than the amount that was obligated for 

use by Indian Head Start programs and by migrant 

and seasonal Head Start programs for fiscal year 

2007; 

(ii) migrant and seasonal Head Start programs shall 

receive not less than 5 percent of the amount appropriated for each fiscal year until such time as the Secretary can make funding decisions to ensure access to 

funding for eligible children of migrant and seasonal 

farmworkers is comparable to access to funding for 

other eligible children based on the data collected and 

reported pursuant to section 648(l), except 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 such program on the date a reduction in funding 

occurs, and shall, to the extent possible, continue participation for children less than 3 years of age receiving 

services before such reduction in funding; and 

(iii) Indian Head Start programs shall receive not 

less than 3.5 percent of the amount appropriated for 

each fiscal year until such time as the Secretary can 

make funding decisions to ensure access to funding for 

eligible Indian children is comparable to access to 

funding for other eligible children based on the data 

collected in accordance with the requirements of section 

648(k), except that no future reduction in funding shall 

result in the termination of Head Start services proVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00094 Fmt 6659 Sfmt 6603 E:\HR\OC\HR067.XXX HR067

hmoore on PROD1PC68 with HMRPT
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vided to any eligible child 3 years of age or older who 

is participating in any such program on the date a reduction in funding occurs, and shall, to the extent possible, continue participation for children less than 3 

years of age receiving services before such reduction in 

funding. 

(B) PAYMENTS TO TERRITORIES AND FREELY ASSOCIATED

STATES.—Subject to paragraph (7), for payments to Guam, 

American Samoa, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and 

the Republic of Palau, except that payments to the Republic 

of Palau shall not be made after fiscal year 2009. 

(C) TRAINING AND TECHNICAL ASSISTANCE.—Not less 

than 2 percent of the amount appropriated for such fiscal 

year for training and technical assistance activities to foster 

program quality and management improvement as described in section 648, of which—

(i) not less than 50 percent shall be available to local 

Head Start agencies to make program improvements 

identified by such agencies to use for the training and 

technical assistance activities described in section 

648(j); 

(ii) not less than 30 percent shall be available to the 

Secretary to support a State-based system or a national 

system, in the case of migrant and seasonal Head Start 

and Indian Head Start programs, of early childhood 

education training and technical assistance to local 

Head Start agencies as described in section 648(n); and 

(iii) the remainder of such amount shall be available 

to the Secretary to assist local Head Start agencies in 

meeting and exceeding the standards described in section 641A(a)(1), including financial assistance to help 

Head Start programs address weaknesses identified by 

monitoring activities conducted by the Secretary under 

section 641A(c), except that—

(I) not less than $3,000,000 shall be available to 

carry out the activities described in section 648(c)(4); 

and 

(II) no more than $5,000,000 shall be reserved to 

carry out the activities described in section 642B(b). 

(D) MONITORING AND TERMINATIONS.—For discretionary 

payments made by the Secretary, including payments for 

all costs (other than compensation of Federal employees) of 

reviews of Head Start agencies, programs under section 

641A(c), and of activities carried out under paragraph (1), 

(2), or (3) of section 641A(d) related to correcting deficiencies and conducting proceedings to terminate the designation of Head Start agencies. 

(E) RESEARCH.—For payments for research, demonstration, and evaluation activities under section 649. 

No funds reserved under this paragraph or paragraph (3) may be 

combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or 

a single discretionary payment, unless such funds appropriated 


hmoore on PROD1PC68 with HMRPT
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under this subchapter are separately identified in such grant or 

payment and are used for the purposes of this subchapter. 

(3) QUALITY IMPROVEMENT FUNDS.—

(A) DETERMINATION OF FUNDS.—

(i) For each of the fiscal years 2008 through 2012, to 

provide assistance for activities specified in subparagraph (B), the Secretary shall reserve, from the amount 

(if any) by which the funds appropriated under section 

639(a) for a fiscal year exceed the adjusted prior year 

appropriation, a share equal to the sum of—

(I) 60 percent of such excess amount; and 

(II) any additional part of such excess amount the 

Secretary may find necessary to address a demonstrated need for such activities. 

(ii) As used in clause (i), the term ‘‘adjusted prior 

year appropriation’’ means, with respect to a fiscal 

year, the amount appropriated under section 639(a) for 

the preceding fiscal year, adjusted to reflect the percentage change in the Consumer Price Index for All 

Urban Consumers (issued by the Bureau of Labor Statistics) during such preceding fiscal year. 

(B) QUALITY IMPROVEMENT ACTIVITIES.—Funds reserved 

under this paragraph shall be used to carry out the following activities: 

(i) Not less than one-fourth of the amount reserved 

under this paragraph, to improve the compensation, 

salary scales, and benefit standards of educational 

staff, family service workers, and child counselors, as 

described in sections 644(a) and 653, to ensure that 

salary levels and benefits are adequate to attract and 

retain qualified staff for such programs. 

(ii) Providing on-going professional development to 

teachers that improves their understanding of child development, content knowledge, and appropriate teaching strategies needed to provide effective instruction 

and other school readiness services in the areas of early 

language and literacy, early mathematics, cognitive 

skills, approaches to learning, creative arts, science, 

physical health and development, and social and emotional development. 

(iii) Improving the qualifications and skills of educational personnel to meet the professional standards 

established under section 648A(a)(1), including providing assistance to complete postsecondary course 

work, subject to section 648A(a)(2)(D). 

(iv) Ensuring that the physical environments of Head 

Start programs are conducive to providing effective 

program services to children and families, and are accessible to children with disabilities and other individuals with disabilities. 

(v) Employing additional qualified classroom staff 

necessary to reduce the child to teacher ratio in the 

classroom and family to staff ratio for family services 

workers. 


hmoore on PROD1PC68 with HMRPT
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(vi) Ensuring that such programs have qualified 

staff that can promote language skills and literacy 

growth of children and that can provide children with 

a variety of skills that have been identified, through 

scientifically based reading research, as predictive of 

later reading achievement. 

(vii) Increasing hours of program operation, including—

(I) conversion of part-day to full-day; and 

(II) number of weeks operated in a calendar 

year. 

(viii) Improving the compensation and benefits of 

staff of Head Start agencies in order to improve the 

quality of Head Start programs. 

(ix) Transportation costs associated with transporting Head Start children safely, except that—

(I) no more than ten percent of funds under this 

paragraph may be used for such purposes; 

(II) a Head Start agency shall demonstrate efforts to leverage the costs of transportation through 

collaboration with other entities; and 

(III) a Head Start agency shall submit information to the Secretary describing how such use of 

funds is necessary to prevent reduction or termination of transportation services or, in the case of 

a Head Start agency serving a rural community, 

how such use of funds is necessary to improve services to such community. 

(C) ALLOCATION.—

(i) Funds reserved under subparagraph (A) shall be 

allotted by the Secretary as follows: 

(I) 80 percent of such funds shall be allotted 

among the States in the same proportion as the 

Secretary allots funds among the States under 

paragraph (4) for the respective fiscal year. 

(II) 20 percent of such funds shall be allotted 

among the States, geographical areas specified in 

subsection (a)(2)(B) and Indian Head Start programs and migrant and seasonal Head Start programs, and used to make grants to Head Start 

agencies, at the discretion of the Secretary. 

(ii) Funds allotted under clause (i) shall be used by 

the Secretary to make grants to Head Start agencies 

that receive grants from funds allotted under paragraph (4) for such fiscal year, in such amounts as the 

Secretary considers to be appropriate, for expenditure 

for activities specified in subparagraph (B). 

(iii) Funds received under this subparagraph shall 

be used to supplement, not to supplant, funds received 

under paragraph (2) or (4). 

(4) GRANT DISTRIBUTION.—Subject to section 639(b), the Secretary shall allot the remaining amounts appropriated in each 

fiscal year among the States, in accordance with latest satisfactory data so that—


hmoore on PROD1PC68 with HMRPT
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(A) each State receives an amount which is equal to the 

amount the State received for fiscal year 2007; and 

(B) any amount available after all allotments are made 

under subparagraph (A) for such fiscal year shall be distributed proportionately on the basis of the number of children less than 5 years of age from families whose income 

is below the poverty line. 

For purposes of this paragraph, for each fiscal year the Secretary shall use the most recent data available on the number 

of children less than 5 years of age from families whose income 

is below the poverty line, as published by the Department of 

Commerce, unless the Secretary and the Secretary of Commerce 

determine that use of the most recent data available would be 

inappropriate or unreliable. If the Secretary and the Secretary 

of Commerce determine that some or all of the data referred to 

in this paragraph are inappropriate or unreliable, the Secretaries shall issue a report setting forth their reasons in detail. 

(5) COLLABORATION GRANTS.—

(A) From amounts reserved and allotted under paragraph (4), the Secretary shall award the collaboration 

grants described in subparagraphs (B), (C), and (D). 

(B)(i) From the reserved sums, the Secretary shall award 

upon submission of a written request, a collaboration grant 

to each State and to each national administrative office 

serving Indian Head Start programs and migrant and seasonal Head Start programs to facilitate collaboration between Head Start agencies and entities (including the State 

or national administrative office) that carry out other activities designed to benefit low-income families and children from birth to school entry. The national administrative offices shall use the funds made available through the 

grants to carry out the authorities and responsibilities described in subparagraphs (B) and (C). 

(ii) Grants described in clause (i) shall be used to—

(I) assist Head Start agencies to collaborate with entities involved in State and local planning processes to 

better meet the needs of low-income families and children from birth to school entry; 

(II) assist Head Start agencies to coordinate activities with the State agency responsible for administering 

the State program carried out under the Child Care 

and Development Block Grant Act of 1990 (42 U.S.C. 

9858 et seq.) and entities providing resource and referral services in the State, to make full-working-day and 

full calendar year services available to children; 

(III) promote alignment of Head Start curricula and 

continuity of services with the Head Start Child Outcomes Framework and State early learning standards, 

as appropriate; 

(IV) promote better linkages between Head Start 

agencies and other child and family agencies, including agencies that provide health, mental health, or 

family services, or other child or family supportive 

services, such as services provided under section 619 or 


hmoore on PROD1PC68 with HMRPT
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part C of the Individuals with Disabilities Education 

Act (20 U.S.C. 1419, 1431 et seq.); and 

(V) carry out the activities of the State Director of 

Head Start Collaboration authorized in subparagraph 

(D). 

(C) In order to improve coordination and delivery of early 

education services to children in the State, a State that receives a collaboration grant under subparagraph (B) 

shall—

(i) appoint or designate an individual to serve as, or 

carry out the responsibilities of, the State Director of 

Head Start Collaboration; 

(ii) ensure that the State Director of Head Start Collaboration holds a position with sufficient authority 

and access to ensure that the collaboration described in 

subparagraph (B) is effective and involves a range of 

State agencies; and 

(iii) involve the State Head Start Association in the 

selection of the Director and involve the Association in 

determinations relating to the ongoing direction of the 

collaboration office. 

(D) The State Director of Head Start Collaboration 

shall—

(i) not later than 1 year after the State receives a collaboration grant under subparagraph (B), conduct an 

assessment that— (I) addresses the needs of Head Start agencies in 

the State with respect to collaboration, coordination, and alignment of services, and alignment of 

curricula and assessments with the Head Start 

Child Outcomes Framework, and with State early 

learning standards, as appropriate; 

(II) shall be updated on an annual basis; and 

(III) shall be made available to the general public within the State; 

(ii) develop a strategic plan that is based on the assessment described in clause (i) that will—

(I) enhance collaboration and coordination of 

Head Start services with other entities providing 

early childhood programs and services (such as 

child care or services offered by museums), health 

care, mental health care, welfare, child protective 

services, education and community service activities, family literacy services, reading readiness programs (including such programs offered by public 

and school libraries), services relating to children 

with disabilities, other early childhood programs 

and services for limited English proficient children 

and homeless children, and services provided for 

children in foster care and children referred to 

Head Start programs by child welfare agencies, including agencies and State officials responsible for 

such services; 

(II) assist Head Start agencies to develop a plan 

for the provision of full-working-day, full calendar 


hmoore on PROD1PC68 with HMRPT
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year services for children enrolled in Head Start 

programs who need such care; 

(III) assist Head Start agencies to align curricula and assessments with the Head Start Child 

Outcomes Framework and to the State early learning standards, as appropriate; and 

(IV) enable Head Start agencies in the State to 

better access professional development opportunities for Head Start staff, such as by— (aa) working with local Head Start agencies 

to meet the degree requirements described in 

section 648A(a)(2)(A), including providing distance learning opportunities for Head Start 

staff, where needed to make higher education 

more accessible to Head Start staff; and 

(bb) enabling the State Head Start agencies 

to better conduct outreach to eligible families; 

(iii) promote partnerships between Head Start agencies, State and local governments, and the private sector to help ensure that children, who are in Head Start 

programs, are receiving comprehensive services to prepare the children to enter school ready to succeed; 

(iv) consult with the chief State school officer, local 

educational agencies, and providers of early childhood 

education and care, regarding early care and education 

services at both the State and local levels; 

(v) promote partnerships between Head Start agencies, schools, law enforcement, relevant communitybased organizations, and substance abuse and mental 

health treatment agencies to strengthen family and 

community environments and to reduce the impact on 

child development of substance abuse, child abuse, domestic violence, and other high risk behaviors that 

compromise healthy development; 

(vi) promote partnerships between Head Start agencies and other organizations in order to enhance Head 

Start program quality, including partnerships to promote inclusion of more books in Head Start classrooms; 

(vii) identify other resources and organizations (both 

public and private) for the provision of in-kind services 

to Head Start agencies in the State; and 

(viii) work with the State Early Learning Council in 

order to assist the efforts of Head Start agencies to engage in effective coordination and collaboration. 

(6) EARLY HEAD START.—

(A) AMOUNTS RESERVED.—From amounts reserved and 

allotted pursuant to paragraphs (2) and (4), the Secretary 

shall use, for grants for programs described in section 

645A(a), a portion of the combined total of such amounts 

that is not less than 12 percent for fiscal year 2008, not less 

than 14 percent for fiscal year 2009, not less than 16 percent for fiscal year 2010, not less than 18 percent for fiscal 

year 2011, and not less than 20 percent for fiscal year 2012 

of the amount appropriated pursuant to section 639(a). 

(B) LIMITATIONS.—


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(i) For any fiscal year for which the Secretary 

determines that the amount appropriated under 

section 639(a) is not sufficient to permit the Secretary to reserve the portion described in subparagraph (A) without reducing the number of children 

served by Head Start programs or adversely affecting the quality of Head Start services, relative to 

the number of children served and the quality of 

the services during the preceding fiscal year, the 

Secretary may reduce the percentage of funds required to be reserved for the portion described in 

subparagraph (A) for the fiscal year for which the 

determination is made, but not below the percentage required to be so reserved for the preceding fiscal year. 

(ii) For any fiscal year for which the amount appropriated under section 639(a) is reduced to a 

level that requires a lower amount to be made 

available under this subchapter to Head Start 

agencies and entities described in section 645A, 

relative to the amount made available to such 

agencies and entities for the preceding fiscal year, 

adjusted as described in paragraph (3)(A)(ii), the 

Secretary shall proportionately reduce— (I) the amounts made available to such entities for programs carried out under section 

645A; and 

(II) the amounts made available to such 

Head Start agencies for Head Start programs. 

(7) For purposes of this subsection, the term ‘‘State’’ does not 

include Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated 

States of Micronesia, the Republic of the Marshall Islands, and 

the Republic of Palau. 

* * * * * * * 

ø(f) The Secretary shall establish procedures to enable Head 

Start agencies to develop locally designed or specialized service delivery models to address local community needs.¿ 

(f) SERVICE DELIVERY MODELS.— (1) Not later than 1 year after the date of the enactment of 

the Improving Head Start Act of 2007, the Secretary shall establish procedures to enable Head Start agencies to develop locally designed or specialized service delivery models to address 

local community needs, including models that leverage the existing capacity and capabilities of the delivery system of early 

childhood education and child care. 

(2) In establishing the procedures, the Secretary shall establish procedures to provide for— (A) the conversion of part-day programs to full-day programs or part-day slots to full-day slots; and 

(B) serving additional infants and toddlers pursuant to 

section 645(a)(4). 

(g)(1) * * * 

(2) øFor the purpose of expanding Head Start programs, in¿ In 

allocating funds to an applicant within a State, from amounts allotVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00101 Fmt 6659 Sfmt 6601 E:\HR\OC\HR067.XXX HR067

hmoore on PROD1PC68 with HMRPT
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ted to a State pursuant to subsection (a)(4), the Secretary shall 

take into consideration—

(A) * * * 

* * * * * * * 

ø(C) the extent to which the applicant has undertaken community-wide strategic planning and needs assessments involving other community organizations and public agencies serving 

children and families (including organizations serving families 

in whose homes English is not the language customarily spoken), and organizations and public entities serving children 

with disabilities; 

ø(D) the extent to which the family and community needs assessment of the applicant reflects a need to provide full-working-day or full calendar year services and the extent to which, 

and manner in which, the applicant demonstrates the ability 

to collaborate and participate with other local community providers of child care or preschool services to provide full-working-day full calendar year services; 

ø(E) the numbers of eligible children in each community who 

are not participating in a Head Start program or any other 

early childhood program; 

ø(F) the concentration of low-income families in each community; 

ø(G) the extent to which the applicant proposes to foster 

partnerships with other service providers in a manner that will 

enhance the resource capacity of the applicant; and 

ø(H) the extent to which the applicant, in providing services, 

plans to coordinate with the local educational agency serving 

the community involved and with schools in which children 

participating in a Head Start program operated by such agency 

will enroll following such program, regarding such services and 

the education services provided by such local educational agency.¿ 

(C) the extent to which the applicant has undertaken community-wide strategic planning and needs assessments involving 

other community organizations and local public agencies serving children and families with Federal, State, or local funds 

(including organizations and agencies providing family support 

services, child abuse prevention services, protective services, and 

foster care, and organizations serving families in whose homes 

English is not the language customarily spoken), and individuals, organizations, and public entities serving children with 

disabilities or homeless children, including the local educational agency liaison designated under section 722(g)(1)(J)(ii) 

of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11432(g)(1)(J)(ii)); 

(D) the extent to which the family and community needs assessment of the applicant reflects a need to provide full working-day or full calendar year services and the extent to which, 

and manner in which, the applicant demonstrates the ability to 

collaborate and participate with the State and local community 

providers of child care or preschool services to provide full 

working-day full calendar year services; 


hmoore on PROD1PC68 with HMRPT
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(E) the number of eligible children in each community who 

are not participating in a Head Start program or any other 

early childhood program; 

(F) the concentration of low-income families in each community; 

(G) the extent to which the applicant proposes to foster partnerships with other service providers in a manner that will leverage the existing delivery systems of such services and enhance the resource capacity of the applicant; 

(H) the extent to which the applicant, in providing services, 

successfully coordinated its activities with the local educational 

agency serving the community involved, (including the local 

educational agency liaison designated under section 

722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11432(g)(1)(J)(ii)) and with schools in which children participating in a Head Start program operated by such 

agency will enroll following such program, regarding such services and the education services provided by such local educational agency; and 

(I) the amount of funds used by such agency to pay administrative expenses and the amount of available funds received by 

such agency under this section to service each enrolled child. 

* * * * * * * 

(l)(1) * * * 

* * * * * * * 

ø(3) In carrying out this subchapter, the Secretary shall continue 

the administrative arrangement responsible for meeting the needs 

of children of migrant and seasonal farmworkers and Indian children and shall ensure that appropriate funding is provided to meet 

such needs.¿ 

(3) In carrying out this subchapter, the Secretary shall continue 

the administrative arrangement at the national level for meeting the 

needs of Indian children and children of migrant and seasonal 

farmworkers and shall ensure that appropriate funding is provided 

to meet such needs, including training and technical assistance and 

the appointment of a national migrant and seasonal Head Start collaboration director and a national Indian Head Start collaboration 

director. 

(4)(A) For the purposes of paragraph (3), the Secretary shall conduct an annual consultation in each affected Head Start region, 

with tribal governments operating Head Start programs and Early 

Head Start programs. 

(B) The consultations shall be for the purpose of better meeting 

the needs of Indian children and children of Alaskan Natives, and 

their families, in accordance with subsections (a), (b), and (c) of section 641, taking into consideration funding allocations, distribution 

formulas, and other issues affecting the delivery of Head Start services in their geographic locations. 

(C) The Secretary shall publish a notification of the consultations 

in the Federal Register before conducting the consultations. 

(D) A detailed report of each consultation shall be prepared and 

made available within 90 days of the annual consultation to all Indian tribes that receive assistance under this subchapter. 


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(m) ENROLLMENT OF HOMELESS CHILDREN.—The Secretary shall 

issue rules to establish policies and procedures to remove barriers 

to the enrollment and participation of homeless children in Head 

Start programs. Such rules shall require Head Start agencies— (1) to implement policies and procedures to ensure that homeless children are identified and prioritized for enrollment; 

(2) to allow homeless families to apply to, enroll in and attend Head Start programs while required documents, such as 

proof of residency, immunization and other medical records, 

birth certificates and other documents, are obtained within a 

reasonable time frame; and 

(3) coordinate individual Head Start programs with efforts to 

implement subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431—11435). 

(n) RULE OF CONSTRUCTION.—Nothing in this subchapter shall be 

construed to require a State to establish a program of early education for children in the State, to require any child to participate 

in a program of early education, to attend school, or to participate 

in any initial screening before participating in such program, except 

as provided under sections 612(a)(3) and 635(a)(5) of the Individuals with Disabilities Education Act. 

(o) MATERIALS.—All curricula and instructional materials funded 

under this subchapter shall be based on scientifically based research, age and developmentally appropriate, and focused on all 

areas of development (cognitive, social, emotional, and physical), 

learning (language and literacy, mathematics, science, and creative 

arts) and approaches to learning. Parents shall be permitted to inspect, upon request, any curricula or instructional materials used to 

carry out this subchapter. 

øDESIGNATION OF HEAD START AGENCIES

øSEC. 641. 

ø(a) The Secretary is authorized to designate as a Head Start 

agency any local public or private nonprofit or for-profit agency, 

within a community, which (1) has the power and authority to 

carry out the purposes of this subchapter and perform the functions set forth in section 642 within a community; and (2) is determined by the Secretary (in consultation with the chief executive officer of the State involved, if such State expends non-Federal funds 

to carry out Head Start programs) to be capable of planning, conducting, administering, and evaluating, either directly or by other 

arrangements, a Head Start program. 

ø(b) For purposes of this subchapter, a community may be a city, 

county, or multicity or multicounty unit within a State, an Indian 

reservation (including Indians in any off-reservation area designated by an appropriate tribal government in consultation with 

the Secretary), or a neighborhood or other area (irrespective of 

boundaries or political subdivisions) which provides a suitable organizational base and possesses the commonality of interest needed 

to operate a Head Start program. 

ø(c)(1) In the administration of the provisions of this section 

(subject to paragraph (2)), the Secretary shall, in consultation with 

the chief executive officer of the State involved if such State expends non-Federal funds to carry out Head Start programs, give 

priority in the designation of Head Start agencies to any local pubVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00104 Fmt 6659 Sfmt 6601 E:\HR\OC\HR067.XXX HR067

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lic or private nonprofit or for-profit agency which is receiving funds 

under any Head Start program on the date of the enactment of this 

Act unless the Secretary determines that the agency involved fails 

to meet program and financial management requirements, performance standards described in section 641A(a)(1), results-based performance measures developed by the Secretary under section 

641A(b), or other requirements established by the Secretary. 

ø(2) If there is no agency of the type referred to in paragraph (1) 

because of any change in the assistance furnished to programs for 

economically disadvantaged persons, the Secretary shall, in consultation with the chief executive officer of the State if such State 

expends non-Federal funds to carry out Head Start programs, give 

priority in the designation of Head Start agencies to any successor 

agency that is operating a Head Start program in substantially the 

same manner as the predecessor agency that did receive funds in 

the fiscal year preceding the fiscal year for which the determination is made. 

ø(3) Notwithstanding any other provision of this subsection, the 

Secretary shall not give such priority to any agency with respect 

to which financial assistance has been terminated, or an application for refunding has been denied, under this subchapter by the 

Secretary after affording such agency reasonable notice and opportunity for a full and fair hearing in accordance with section 

646(a)(3). 

ø(d) If no entity in a community is entitled to the priority specified in subsection (c), then the Secretary may designate a Head 

Start agency from among qualified applicants in such community. 

In selecting from among qualified applicants for designation as a 

Head Start agency, the Secretary shall give priority to any qualified agency that functioned as a Head Start delegate agency in the 

community and carried out a Head Start program that the Secretary determines met or exceeded such performance standards 

and such results-based performance measures. In selecting from 

among qualified applicants for designation as a Head Start agency, 

the Secretary shall consider the effectiveness of each such applicant to provide Head Start services, based on—

ø(1) any past performance of such applicant in providing 

services comparable to Head Start services, including how effectively such applicant provided such comparable services; 

ø(2) the plan of such applicant to provide comprehensive 

health, nutritional, educational, social, and other services needed to aid participating children in attaining their full potential; 

ø(3) the plan of such applicant to coordinate the Head Start 

program it proposes to carry out, with other preschool programs, including Even Start programs under part B of chapter 

1 of title I of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 2741 et seq.) and programs under part C and 

section 619 of the Individuals with Disabilities Education Act 

(20 U.S.C. 1431–1444, 1419), and with the educational programs such children will enter at the age of compulsory school 

attendance; 

ø(4) the plan of such applicant—

ø(A) to seek the involvement of parents of participating 

children in activities (at home and in the center involved 


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where practicable) designed to help such parents become 

full partners in the education of their children; 

ø(B) to afford such parents the opportunity to participate 

in the development, conduct, and overall performance of 

the program at the local level; 

ø(C) to offer (directly or through referral to local entities, 

such as entities carrying out Even Start programs under 

part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.), 

public and school libraries, and family support programs) 

to such parents—

ø(i) family literacy services; and 

ø(ii) parenting skills training; 

ø(D) to offer to parents of participating children substance abuse counseling (either directly or through referral 

to local entities), including information on drug-exposed infants and fetal alcohol syndrome; 

ø(E) at the option of such applicant, to offer (directly or 

through referral to local entities) to such parents—

ø(i) training in basic child development; 

ø(ii) assistance in developing communication skills; 

ø(iii) opportunities for parents to share experiences 

with other parents; or 

ø(iv) any other activity designed to help such parents become full partners in the education of their 

children; and 

ø(F) to provide, with respect to each participating family, 

a family needs assessment that includes consultation with 

such parents about the benefits of parent involvement and 

about the activities described in subparagraphs (C) (D), 

and (E) in which such parents may choose to become involved (taking into consideration their specific family 

needs, work schedules, and other responsibilities); 

ø(5) the ability of such applicant to carry out the plans described in paragraphs (2), (3), and (4); 

ø(6) other factors related to the requirements of this subchapter; 

ø(7) the plan of such applicant to meet the needs of nonEnglish background children and their families, including 

needs related to the acquisition of the English language; 

ø(8) the plan of such applicant to meet the needs of children 

with disabilities; 

ø(9) the plan of such applicant who chooses to assist younger 

siblings of children who will participate in the proposed Head 

Start program to obtain health services from other sources; 

and 

ø(10) the plan of such applicant to collaborate with other entities carrying out early childhood education and child care 

programs in the community. 

ø(e) If no agency in the community receives priority designation 

under subsection (c), and there is no qualified applicant in the community, the Secretary shall designate a qualified agency to carry 

out the Head Start program in the community on an interim basis 

until a qualified applicant from the community is so designated. 


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ø(f) The Secretary shall require that the practice of significantly 

involving parents and area residents affected by the program in selection of Head Start agencies be continued. 

ø(g) If the Secretary determines that a nonprofit agency and a 

for-profit agency have submitted applications for designation of 

equivalent quality under subsection (d), the Secretary may give priority to the nonprofit agency. In selecting from among qualified applicants for designation as a Head Start agency under subsection 

(d), the Secretary shall give priority to applicants that have demonstrated capacity in providing comprehensive early childhood 

services to children and their families. 

øSEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START 

AGENCIES AND PROGRAMS. 

ø(a) QUALITY STANDARDS.— ø(1) ESTABLISHMENT OF STANDARDS.—The Secretary shall establish by regulation standards, including minimum levels of 

overall accomplishment, applicable to Head Start agencies, programs, and projects under this subchapter, including— ø(A) performance standards with respect to services required to be provided, including health, parental involvement, nutritional, social, transition activities described in 

section 642(d), and other services; 

ø(B)(i) education performance standards to ensure the 

school readiness of children participating in a Head Start 

program, on completion of the Head Start program and 

prior to entering school; and 

ø(ii) additional education performance standards to ensure that the children participating in the program, at a 

minimum— ø(I) develop phonemic, print, and numeracy awareness; 

ø(II) understand and use language to communicate 

for various purposes; 

ø(III) understand and use increasingly complex and 

varied vocabulary; 

ø(IV) develop and demonstrate an appreciation of 

books; and 

ø(V) in the case of non-English background children, 

progress toward acquisition of the English language. 

ø(C) administrative and financial management standards; 

ø(D) standards relating to the condition and location of 

facilities for such agencies, programs, and projects; and 

ø(E) such other standards as the Secretary finds to be 

appropriate. 

ø(2) CONSIDERATIONS IN DEVELOPING STANDARDS.—In developing the regulations required under paragraph (1), the Secretary shall—

ø(A) consult with experts in the fields of child development, early childhood education, child health care, family 

services (including linguistically and culturally appropriate 

services to non-English language background children and 

their families), administration, and financial management, 

and with persons with experience in the operation of Head 

Start programs; 


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ø(B) take into consideration—

ø(i) past experience with use of the standards in effect under this subchapter on the date of enactment of 

this section; 

ø(ii) changes over the period since the date of enactment of this Act in the circumstances and problems 

typically facing children and families served by Head 

Start agencies; 

ø(iii) developments concerning best practices with 

respect to early childhood education and development, 

children with disabilities, family services, program administration, and financial management; 

ø(iv) projected needs of an expanding Head Start 

program; 

ø(v) guidelines and standards currently in effect or 

under consideration that promote child health services, and projected needs of expanding Head Start programs; 

ø(vi) changes in the population of children who are 

eligible to participate in Head Start programs, including the language background and family structure of 

such children; and 

ø(vii) the need for, and state-of-the-art developments 

relating to, local policies and activities designed to ensure that children participating in Head Start programs make a successful transition to public schools; 

and 

ø(C)(i) review and revise as necessary the performance 

standards in effect under this subsection; and 

ø(ii) ensure that any such revisions in the performance 

standards will not result in the elimination of or any reduction in the scope or types of health, education, parental 

involvement, nutritional, social, or other services required 

to be provided under such standards as in effect on the 

date of enactment of the Coats Human Services Reauthorization Act of 1998. 

ø(3) STANDARDS RELATING TO OBLIGATIONS TO DELEGATE

AGENCIES.—In developing standards under this subsection, the 

Secretary shall describe the obligations of a Head Start agency 

to a delegate agency to which the Head Start agency has delegated responsibility for providing services under this subchapter and determine whether the Head Start agency complies with the standards. The Secretary shall consider such 

compliance during the review described in subsection (c)(1)(A) 

and in determining whether to renew financial assistance to 

the Head Start agency under this subchapter. 

ø(b) RESULTS-BASED PERFORMANCE MEASURES.—

ø(1) IN GENERAL.—The Secretary, in consultation with representatives of Head Start agencies and with experts in the 

fields of early childhood education and development, family 

services, and program management, shall develop methods and 

procedures for measuring, annually and over longer periods, 

the quality and effectiveness of programs operated by Head 

Start agencies, and the impact of the services provided through 


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the programs to children and their families (referred to in this 

subchapter as ‘‘results-based performance measures’’). 

ø(2) CHARACTERISTICS OF MEASURES.—The performance 

measures developed under this subsection shall— ø(A) be used to assess the impact of the various services 

provided by Head Start programs and, to the extent the 

Secretary finds appropriate, administrative and financial 

management practices of such programs; 

ø(B) be adaptable for use in self-assessment, peer review, and program evaluation of individual Head Start 

agencies and programs, not later than July 1, 1999; and 

ø(C) be developed for other program purposes as determined by the Secretary. 

The performance measures shall include the performance 

standards described in subsection (a)(1)(B)(ii). 

ø(3) USE OF MEASURES.—The Secretary shall use the performance measures developed pursuant to this subsection—

ø(A) to identify strengths and weaknesses in the operation of Head Start programs nationally, regionally, and 

locally; and 

ø(B) to identify problem areas that may require additional training and technical assistance resources. 

ø(4) EDUCATIONAL PERFORMANCE MEASURES.—Such resultsbased performance measures shall include educational performance measures that ensure that children participating in 

Head Start programs— ø(A) know that letters of the alphabet are a special category of visual graphics that can be individually named; 

ø(B) recognize a word as a unit of print; 

ø(C) identify at least 10 letters of the alphabet; and 

ø(D) associate sounds with written words. 

ø(5) ADDITIONAL LOCAL RESULTS-BASED PERFORMANCE MEASURES.—In addition to other applicable results-based performance measures, Head Start agencies may establish local results-based educational performance measures. 

ø(c) MONITORING OF LOCAL AGENCIES AND PROGRAMS.— ø(1) IN GENERAL.—In order to determine whether Head Start 

agencies meet standards established under this subchapter and 

results-based performance measures developed by the Secretary under subsection (b) with respect to program, administrative, financial management, and other requirements, the 

Secretary shall conduct the following reviews of designated 

Head Start agencies, and of the Head Start programs operated 

by such agencies: 

ø(A) A full review of each such agency at least once during each 3-year period. 

ø(B) A review of each newly designated agency immediately after the completion of the first year such agency 

carries out a Head Start program. 

ø(C) Followup reviews including prompt return visits to 

agencies and programs that fail to meet the standards. 

ø(D) Other reviews as appropriate. 

ø(2) CONDUCT OF REVIEWS.—The Secretary shall ensure that 

reviews described in subparagraphs (A) through (C) of paragraph (1)—


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ø(A) are performed, to the maximum extent practicable, 

by employees of the Department of Health and Human 

Services who are knowledgeable about Head Start programs; 

ø(B) are supervised by such an employee at the site of 

such Head Start agency; 

ø(C) are conducted by review teams that shall include 

individuals who are knowledgeable about Head Start programs and, to the maximum extent practicable, the diverse 

(including linguistic and cultural) needs of eligible children 

(including children with disabilities) and their families; 

ø(D) include as part of the reviews of the programs, a review and assessment of program effectiveness, as measured in accordance with the results-based performance 

measures developed by the Secretary pursuant to subsection (b) and with the performance standards established 

pursuant to subparagraphs (A) and (B) of subsection (a)(1); 

and 

ø(E) seek information from the communities and the 

States involved about the performance of the programs 

and the efforts of the Head Start agencies to collaborate 

with other entities carrying out early childhood education 

and child care programs in the community. 

ø(d) CORRECTIVE ACTION; TERMINATION.— ø(1) DETERMINATION.—If the Secretary determines, on the 

basis of a review pursuant to subsection (c), that a Head Start 

agency designated pursuant to section 641 fails to meet the 

standards described in subsection (a) or results-based performance measures developed by the Secretary under subsection 

(b), the Secretary shall— ø(A) inform the agency of the deficiencies that shall be 

corrected; 

ø(B) with respect to each identified deficiency, require 

the agency—

ø(i) to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or 

safety of staff or program participants or poses a 

threat to the integrity of Federal funds; 

ø(ii) to correct the deficiency not later than 90 days 

after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that 

such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or 

ø(iii) in the discretion of the Secretary (taking into 

consideration the seriousness of the deficiency and the 

time reasonably required to correct the deficiency), to 

comply with the requirements of paragraph (2) concerning a quality improvement plan; and 

ø(C) initiate proceedings to terminate the designation of 

the agency unless the agency corrects the deficiency. 

ø(2) QUALITY IMPROVEMENT PLAN.— ø(A) AGENCY RESPONSIBILITIES.—In order to retain a 

designation as a Head Start agency under this subchapter, 

a Head Start agency that is the subject of a determination 

described in paragraph (1) (other than an agency required 


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to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall—

ø(i) develop in a timely manner, obtain the approval 

of the Secretary regarding, and implement a quality 

improvement plan that specifies—

ø(I) the deficiencies to be corrected; 

ø(II) the actions to be taken to correct such deficiencies; and 

ø(III) the timetable for accomplishment of the 

corrective actions specified; and 

ø(ii) eliminate each deficiency identified, not later 

than the date for elimination of such deficiency specified in such plan (which shall not be later than 1 year 

after the date the agency received notice of the determination and of the specific deficiency to be corrected). 

ø(B) SECRETARIAL RESPONSIBILITY.—Not later than 30 

days after receiving from a Head Start agency a proposed 

quality improvement plan pursuant to subparagraph (A), 

the Secretary shall either approve such proposed plan or 

specify the reasons why the proposed plan cannot be approved. 

ø(3) TRAINING AND TECHNICAL ASSISTANCE.—The Secretary 

shall provide training and technical assistance to Head Start 

agencies with respect to the development or implementation of 

such quality improvement plans to the extent the Secretary 

finds such provision to be feasible and appropriate given available funding and other statutory responsibilities. 

ø(e) SUMMARIES OF MONITORING OUTCOMES.—Not later than 120 

days after the end of each fiscal year, the Secretary shall publish 

a summary report on the findings of reviews conducted under subsection (c) and on the outcomes of quality improvement plans implemented under subsection (d), during such fiscal year. Such report shall be widely disseminated and available for public review 

in both written and electronic formats. 

øPOWERS AND FUNCTIONS OF HEAD START AGENCIES

øSEC. 642. 

ø(a) In order to be designated as a Head Start agency under this 

subchapter, an agency must have authority under its charter or applicable law to receive and administer funds under this subchapter, 

funds and contributions from private or local public sources which 

may be used in support of a Head Start program, and funds under 

any Federal or State assistance program pursuant to which a public or private nonprofit or for-profit agency (as the case may be) organized in accordance with this subchapter, could act as grantee, 

contractor, or sponsor of projects appropriate for inclusion in a 

Head Start program. Such an agency must also be empowered to 

transfer funds so received, and to delegate powers to other agencies, subject to the powers of its governing board and it overall program responsibilities. The power to transfer funds and delegate 

powers must include the power to make transfers and delegations 

covering component projects in all cases where this will contribute 

to efficiency and effectiveness or otherwise further program objectives. 


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ø(b) In order to be so designated, a Head Start agency shall 

also—ø(1) establish effective procedures by which parents and area 

residents concerned will be enabled to directly participate in 

decisions that influence the character of programs affecting 

their interests; 

ø(2) provide for their regular participation in the implementation of such programs; 

ø(3) provide technical and other support needed to enable 

parents and area residents to secure on their own behalf available assistance from public and private sources; 

ø(4) seek the involvement of parents of participating children 

in activities designed to help such parents become full partners 

in the education of their children, and to afford such parents 

the opportunity to participate in the development, conduct, and 

overall performance of the program at the local level; 

ø(5) offer (directly or through referral to local entities, such 

as entities carrying out Even Start programs under part B of 

chapter 1 of title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 2741 et seq.)), to parents of participating children, family literacy services and parenting skills 

training; 

ø(6) offer to parents of participating children substance 

abuse counseling (either directly or through referral to local 

entities), including information on drug-exposed infants and 

fetal alcohol syndrome; 

ø(7) at the option of such agency, offer (directly or through 

referral to local entities), to such parents— ø(A) training in basic child development; 

ø(B) assistance in developing communication skills; 

ø(C) opportunities to share experiences with other parents; 

ø(D) regular in-home visitation; or 

ø(E) any other activity designed to help such parents become full partners in the education of their children; 

ø(8) provide, with respect to each participating family, a family needs assessment that includes consultation with such parents about the benefits of parent involvement and about the 

activities described in paragraphs (4) through (7) in which such 

parents may choose to be involved (taking into consideration 

their specific family needs, work schedules, and other responsibilities); 

ø(9) consider providing services to assist younger siblings of 

children participating in its Head Start program to obtain 

health services from other sources; 

ø(10) perform community outreach to encourage individuals 

previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers; and 

ø(11)(A) inform custodial parents in single-parent families 

that participate in programs, activities, or services carried out 

or provided under this subchapter about the availability of 

child support services for purposes of establishing paternity 

and acquiring child support; and 

ø(B) refer eligible parents to the child support offices of State 

and local governments. 


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ø(c) The head of each Head Start agency shall coordinate and collaborate with the State agency responsible for administering the 

State program carried out under the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and other early 

childhood education and development programs, including Even 

Start programs under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.) 

and programs under part C and section 619 of the Individuals with 

Disabilities Education Act (20 U.S.C 1431–1444, 1419), serving the 

children and families served by the Head Start agency to carry out 

the provisions of this subchapter. 

ø(d)(1) Each Head Start agency shall take steps to ensure, to the 

maximum extent possible, that children maintain the developmental and educational gains achieved in Head Start programs and 

build upon such gains in further schooling. 

ø(2) A Head Start agency may take steps to coordinate with the 

local educational agency serving the community involved and with 

schools in which children participating in a Head Start program 

operated by such agency will enroll following such program, including—

ø(A) collaborating on the shared use of transportation and 

facilities; and 

ø(B) exchanging information on the provision of noneducational services to such children. 

ø(3) In order to promote the continued involvement of the parents of children that participate in Head Start programs in the 

education of their children upon transition to school, the Head 

Start agency shall—

ø(A) provide training to the parents—

ø(i) to inform the parents about their rights and responsibilities concerning the education of their children; and 

ø(ii) to enable the parents to understand and work with 

schools in order to communicate with teachers and other 

school personnel, to support the school work of their children, and to participate as appropriate in decisions relating to the education of their children; and 

ø(B) take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school 

personnel, and school-related organizations. 

ø(4) The Secretary, in cooperation with the Secretary of Education, shall—

ø(A) evaluate the effectiveness of the projects and activities 

funded under section 642A; 

ø(B) disseminate to Head Start agencies information (including information from the evaluation required by subparagraph 

(A)) on effective policies and activities relating to the transition 

of children from Head Start programs to public schools; and 

ø(C) provide technical assistance to such agencies to promote 

and assist such agencies to adopt and implement such effective 

policies and activities. 

ø(e) Head Start agencies shall adopt, in consultation with experts 

in child development and with classroom teachers, an assessment 

to be used when hiring or evaluating any classroom teacher in a 

center-based Head Start program. Such assessment shall measure 


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whether such teacher has mastered the functions described in section 648A(a)(1). 

øSEC. 642A. HEAD START TRANSITION. 

Each Head Start agency shall take steps to coordinate with the 

local educational agency serving the community involved and with 

schools in which children participating in a Head Start program 

operated by such agency will enroll following such program, including—

ø(1) developing and implementing a systematic procedure for 

transferring, with parental consent, Head Start program 

records for each participating child to the school in which such 

child will enroll; 

ø(2) establishing channels of communication between Head 

Start staff and their counterparts in the schools (including 

teachers, social workers, and health staff) to facilitate coordination of programs; 

ø(3) conducting meetings involving parents, kindergarten or 

elementary school teachers, and Head Start program teachers 

to discuss the educational, developmental, and other needs of 

individual children; 

ø(4) organizing and participating in joint transition-related 

training of school staff and Head Start staff; 

ø(5) developing and implementing a family outreach and 

support program in cooperation with entities carrying out parental involvement efforts under title I of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); 

ø(6) assisting families, administrators, and teachers in enhancing educational and developmental continuity between 

Head Start services and elementary school classes; and 

ø(7) linking the services provided in such Head Start program with the education services provided by such local educational agency.¿ 

SEC. 641. DESIGNATION OF HEAD START AGENCIES. 

(a) AUTHORITY TO DESIGNATE.—The Secretary is authorized to 

designate as a Head Start agency any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, pursuant to the requirements of this section, except that until such time that the Secretary develops and implements the system of application review 

under this section, the Secretary is authorized to designate as a 

Head Start agency, any local public or private nonprofit agency, including community-based and faith-based organizations, or forprofit agency, within a community, in the manner and process utilized by the Secretary prior to the enactment of the Improving Head 

Start Act of 2007. 

(b) APPLICATION FOR GRANTS.—Each entity shall submit a plan 

to the Secretary, at such time and in such manner as the Secretary 

may require. 

(c) DEVELOPMENT OF APPLICATION REVIEW SYSTEM.—

(1) IN GENERAL.—The Secretary shall develop a system that 

integrates the recommendations of the expert panel convened 

under paragraph (3) to determine if a Head Start agency is providing a quality comprehensive early learning program that 

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dren and families it serves, and meets program and financial 

management requirements and performance standards described in section 641A(a)(1), based on— (A) annual budget data; 

(B) program reviews conducted under section 641A(c); 

(C) annual audits required under section 647; 

(D) classroom quality as measured under section 

641A(c)(2)(H); and 

(E) Program Information Report. 

(2) EXPERT PANEL.—No later than six months after the enactment of the Improving Head Start Act of 2007, the Secretary 

shall convene an expert panel of 7 members to make recommendations to the Secretary on the development of a transparent, reliable, and valid system for evaluating grant renewal 

applications. 

(3) COMPOSITION OF EXPERT PANEL.—The Secretary, in convening such panel, shall appoint the following: 

(A) 5 members, who are competent, by virtue of their 

training, expertise, and experience, in each of at least one 

of the following areas: 

(i) Early childhood program accreditation or quality 

assessment. 

(ii) Research on early childhood development. 

(iii) Governance and finance of non-profit organizations. 

(iv) Delivery of services to children and families with 

limited English proficiency. 

(v) Delivery of services to children with disabilities. 

(B) An employee from the Office of Head Start. 

(C) An executive director of a Head Start agency. 

(4) EXPERT PANEL REPORT.—Within 12 months of being convened by the Secretary, the expert panel shall issue a report to 

the Secretary that provides recommendations on a proposed system of application review that takes into account the criteria in 

paragraph (1) to evaluate whether a Head Start grantee is 

meeting mission to provide a high quality comprehensive early 

education program, including adequately meeting its governance and financial management requirements. 

(5) PUBLIC COMMENT; REPORT TO CONGRESS.—No later than 

6 months after receiving the report described in paragraph (4), 

the Secretary shall publish a proposed system of application review in the Federal Register, providing at least 90 days for public comment and shall provide a report to the Education and 

Labor Committee of the U.S. House of Representatives and the 

Health, Education, Labor, and Pensions Committee of the U.S. 

Senate that provides a detailed description of such proposed 

system, including clear rationale for any differences between the 

proposed system and the recommendations of the expert panel, 

if any such differences exist. 

(6) IMPLEMENTATION OF APPLICATION REVIEW SYSTEM.—After 

the Secretary has reviewed all public comments and finalized 

the system of application review, the Secretary will use this system to determine which grantees are successfully delivering a 

high quality comprehensive early education program. Grantees 

who are determined under such system to be—


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(A) successfully delivering a high quality comprehensive 

early education program shall be designated a Head Start 

agency for a period of 5 years; 

(B) under-performing and may enter into an open competition as described in subsection (e); and 

(C) notwithstanding paragraph (B), if an Indian Head 

Start agency is determined to be underperforming, the Secretary shall engage in government-to-government consultation with the appropriate tribal government or governments 

for the purpose of establishing a performance enhancement 

plan for that agency. Such plan is to be developed and implemented within 6 months of the Secretary’s determination. Not more than 6 months after implementation of that 

plan, the Secretary shall re-evaluate the performance of the 

Indian Head Start agency. If the Indian Head Start agency 

remains underperforming, the Secretary shall conduct an 

open competition as described in subsection (e), subject to 

the following limitations: 

(i) Except as provided in paragraph (ii), a non-Indian Head Start agency may not receive a grant to 

carry out an Indian Head Start program. 

(ii) In a community in which there is no Indian 

Head Start agency available for designation to carry 

out an Indian Head Start program, a non-Indian Head 

Start agency, on an interim basis, may receive a grant 

to carry out an Indian Head Start program, but only 

until such time as an Indian Head Start agency in 

such community becomes available. 

(d) TRANSPARENCY, RELIABILITY, AND VALIDITY.—The Secretary 

shall ensure the system of application evaluation is fair, consistent, 

and transparent and applied in a manner that designates, in a 

timely manner grantees as Head Start agencies for a period of 5 

years if such grantees are providing a high quality comprehensive 

early education program. The Secretary shall periodically evaluate 

whether the criteria are being applied in a manner that is transparent, reliable, and valid. 

(e) DESIGNATION WHEN NO ENTITY HAS PRIORITY.— (1) IN GENERAL.—If no entity in a community is determined 

to be successfully delivering a high quality comprehensive early 

education program, as specified in subsection (c), the Secretary 

shall, after conducting an open competition, designate for a 5- 

year period a Head Start agency from among qualified applicants in such community. 

(2) CONSIDERATIONS IN DESIGNATION.—In selecting from 

among qualified applicants for designation as a Head Start 

agency, the Secretary shall consider the effectiveness of each 

such applicant to provide Head Start services, based on—

(A) any past performance of such applicant in providing 

services comparable to Head Start services, including how 

effectively such applicant provided such comparable services; 

(B) the plan of such applicant to provide comprehensive 

health (including mental and behavioral health), educational, nutritional, social, and other services needed to 

prepare children to succeed in school and in life; 


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(C) the plan of such applicant to attract and retain qualified staff capable of delivering a high quality comprehensive early education program, including demonstrating the 

ability to provide adequate salary and benefits to maintain 

a high quality staff; 

(D) the ability of such applicant to maintain child-teacher ratios and family service worker caseloads that reflect 

best practices and are tied to high quality service delivery; 

(E) the capacity of such applicant to serve eligible children with curriculum and teaching practices that are based 

on scientifically based research, are developmentally appropriate, and that promote the school readiness of children 

participating in the program; 

(F) the plan of such applicant to meet standards set forth 

in section 641A(a)(1), with particular attention to the 

standards set forth in subparagraphs (A) and (B) of such 

section; 

(G) the proposed budget and plan of such applicant to 

maintain strong fiscal controls and cost effective fiscal 

management; 

(H) the plan of such applicant to coordinate the Head 

Start program the applicant proposes to carry out, with 

other local early learning programs for young children, including—

(i) programs implementing grants under the Early 

Reading First and Even Start programs under subparts 2 and 3 of part B of title I of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6371 et 

seq., 6381 et seq.); 

(ii) and programs under section 619 and part C of 

the Individuals with Disabilities Education Act (20 

U.S.C. 1419, 1431 et seq.); 

(iii) State prekindergarten programs; 

(iv) child care programs; and 

(v) the educational programs that the children participating in the Head Start program will enter at the 

age of compulsory school attendance; 

(I) the plan of such applicant to coordinate the Head 

Start program that the applicant proposes to carry out, 

with public and private entities that are willing to commit 

resources to assist the Head Start program in meeting its 

program needs; 

(J) the plan of such applicant—

(i) to seek the involvement of parents (including 

grandparents and kinship caregivers, as appropriate) 

of children participating in the proposed Head Start 

program, in activities (at home and, if practicable, at 

the location of the Head Start program) designed to 

help such parents become full partners in the education 

of their children; 

(ii) to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level; 

(iii) to offer (directly or through referral to local entities, such as entities carrying out Even Start programs 


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under subchapter 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6381 et seq.), public and school libraries, and entities 

carrying out family support programs) to such parents—(I) family literacy services; and 

(II) parenting skills training; 

(iv) to offer to parents of participating children, mental health services (either directly or through referral to 

local entities), including substance abuse counseling 

and information on maternal depression and on the effect of drug-exposure on infants and fetal alcohol syndrome; 

(v) at the option of such applicant, to offer (directly 

or through referral to local entities) to such parents— (I) training in basic child development (including cognitive, social, and emotional development); 

(II) assistance in developing literacy and communication skills; 

(III) opportunities to share experiences with 

other parents (including parent mentor relationships); 

(IV) regular in-home visitation; 

(V) mental and behavioral health services; or 

(VI) any other activity designed to help such parents become full partners in the education of their 

children; 

(vi) to provide, with respect to each participating 

family, a family needs assessment that includes consultation with such parents, in a manner and language 

that such parents can understand, about the benefits of 

parent involvement and about the activities described 

in subparagraph (H) in which such parents may choose 

to become involved (taking into consideration their specific family needs, work schedules, and other responsibilities); and 

(vii) to extend outreach to fathers, in appropriate 

cases, in order to strengthen the role of fathers in families, in the education of their young children, and in 

the Head Start program, by working directly with fathers and father figures through activities such as—

(I) in appropriate cases, including fathers in 

home visits and providing culturally appropriate 

opportunities for direct father-child interactions; 

and 

(II) targeting increased male participation in the 

conduct of the program; 

(K) the plan of such applicant to meet the needs of limited English proficient children and their families, including procedures to identify such children, plans to provide 

trained personnel, and plans to provide services to assist 

the children in making progress toward the acquisition of 

the English language, while making meaningful progress 

in attaining the knowledge, skills, abilities, and development described in section 641A(a)(1)(B); 


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(L) the plan of such applicant to meet the diverse cultural 

needs of the population served; 

(M) the plan of such applicant to meet the needs of children with disabilities; 

(N) the plan of such applicant who chooses to assist 

younger siblings of children who will participate in the 

Head Start program to obtain health, including mental 

health, services from other sources; 

(O) the plan of such applicant to collaborate with other 

entities carrying out public or private early childhood education and child care programs in the community; 

(P) the plan of such applicant to meet the needs of homeless children, including transportation needs, and children 

in foster care and children and families experiencing toxic 

stress; 

(Q) the plan of such applicant to maintain a qualified 

staff, including a teaching staff qualified to implement research-based curricula aligned with the Head Start Child 

Outcomes Framework developed by the Secretary and to the 

early learning standards in State in which such program 

would operate; 

(R) the plan of such applicant to enter into memoranda 

of understanding with local educational agencies within 

the service area, as described in section 642B(a); and 

(S) other factors related to the requirements of this subchapter. 

(f) INTERIM PROVIDER.—If no agency in the community receives 

priority designation under subsection (c), and there is no qualified 

applicant in the community, the Secretary shall designate a qualified agency to carry out the Head Start program in the community 

on an interim basis until a qualified applicant from the community 

is so designated. 

(g) PARENT AND COMMUNITY PARTICIPATION.—The Secretary shall 

require that the practice of significantly involving parents and area 

residents affected by the program in the selection of Head Start 

agencies be continued. 

(h) COMMUNITY.—For purposes of this subchapter, a community 

may be a city, county, or multicity or multicounty unit within a 

State, an Indian reservation (including Indians in any off-reservation area designated by an appropriate tribal government in consultation with the Secretary) or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a 

suitable organizational base and possesses the commonality of interest needed to operate a Head Start program. 

SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS. 

(a) QUALITY STANDARDS.—

(1) ESTABLISHMENT OF STANDARDS.—The Secretary shall 

modify, as necessary, program performance standards by regulation applicable to Head Start agencies, programs, and 

projects under this subchapter, including—

(A) performance standards with respect to services required to be provided, including health, parental involvement, nutritional, social, transition activities described in 

section 642(d), and other services; 


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(B) scientifically based and developmentally appropriate 

early learning standards related to school readiness that 

are based on the Head Start Child Outcomes Framework to 

ensure that the children participating in the program, at a 

minimum develop and demonstrate—

(i) language knowledge and skills, including oral 

language and listening comprehension; 

(ii) prereading knowledge and skills that prepare 

children for early literacy in schools including phonological awareness, print awareness and print skills, 

and alphabetic knowledge; 

(iii) mathematics knowledge and skills, including aspects of classification, seriation, number, spatial relations, and time; 

(iv) science knowledge and skills, including measurement; 

(v) cognitive abilities related to academic achievement and general knowledge; 

(vi) social and emotional development related to 

early learning, school success, social problem-solving, 

and overall well-being; 

(vii) approaches to learning related to child development and early learning; 

(viii) creative arts; and 

(ix) 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 described 

in clauses (i) through (viii), including progress made 

through the use of culturally and linguistically appropriate instructional services; 

(C) administrative and financial management standards; 

(D) standards relating to the condition and location of facilities for such agencies, programs, and projects; and 

(E) such other standards as the Secretary finds to be appropriate. 

(2) CONSIDERATIONS IN DEVELOPING STANDARDS.—In developing the standards required under paragraph (1), the Secretary shall—

(A) consult with experts in the fields of child development, early childhood education, child health care, family 

services (including linguistically and culturally appropriate 

services to limited English proficient children and their 

families), administration, and financial management, and 

with persons with experience in the operation of Head Start 

programs; 

(B) take into consideration—

(i) past experience with use of the standards in effect 

under this subchapter on October 27, 1998; 

(ii) changes over the period since October 27, 1998, 

in the circumstances and problems typically facing 

children and families served by Head Start agencies; 

(iii) recommendations from the report on Developmental Outcomes and Assessments for Young Children 


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by the National Academy of Sciences, when it becomes 

available; 

(iv) developments concerning research-based practices with respect to early childhood education and development, children with disabilities, family services, 

program administration, and financial management; 

(v) projected needs of an expanding Head Start program; 

(vi) guidelines and standards currently in effect or 

under consideration that promote child health services 

and physical development, including outdoor activity 

that supports children’s motor development and overall 

health and nutrition; 

(vii) changes in the population of children who are 

eligible to participate in Head Start programs, including the language and cultural background and family 

structure of such children; 

(viii) mechanisms to ensure that children participating in Head Start programs make a successful transition to the schools that the children will be attending; 

and 

(ix) the unique challenges faced by individual programs, including those that are seasonal or short term, 

and those that serve rural populations; and 

(C)(i) review and revise as necessary the performance 

standards in effect under this subsection; and 

(ii) ensure that any such revisions in the performance 

standards will not result in the elimination of or any reduction in quality, scope or types of health, education, parental involvement, nutritional, social, or other services required to be provided under such standards as in effect on 

October 27, 1998. 

(3) STANDARDS RELATING TO OBLIGATIONS TO DELEGATE

AGENCIES.—In developing standards under this subsection, the 

Secretary shall describe the obligations of a Head Start agency 

to a delegate agency to which the Head Start agency has delegated responsibility for providing services under this subchapter 

and determine whether the Head Start agency complies with 

the standards. The Secretary shall consider such compliance 

during the review described in subsection (c)(1)(A) and in determining whether to renew financial assistance to the Head Start 

agency under this subchapter. 

(b) MEASURES.—

(1) IN GENERAL.—The Secretary, in consultation with representatives of Head Start agencies and with experts in the 

fields of early childhood education and development, shall use 

the study on Developmental Outcomes and Assessments for 

Young Children by the National Academy of Sciences to provide 

guidance to Head Start agencies for utilizing scientificallybased measures that support, as appropriate— (A) classroom instructional practices; 

(B) identification of special needs; and 

(C) program evaluation. 

(2) CHARACTERISTICS OF MEASURES.—The measures under 

this subsection shall 


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(A) be developmentally, linguistically, and culturally appropriate for the population served; 

(B) be reviewed not less than every 4 years, based on advances in the science of early childhood development; 

(C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment 

of young children; 

(D) be valid and reliable (in English, Spanish, and any 

other language, as appropriate); 

(E) be administered by staff with appropriate training for 

such administration; 

(F) provide appropriate accommodations for children 

with disabilities and children who are limited English proficient; and 

(G) be high-quality research-based measures that have 

been demonstrated to assist with the purposes for which 

they were devised. 

(3) USE OF MEASURES; LIMITATIONS ON USE.— (A) Measures shall be designed for the purpose of— (i) promoting the skills, knowledge, and competencies 

of children participating in Head Start programs specified in subsection (a)(1)(B)(ii), with an emphasis on 

measuring skills that scientifically-based research has 

demonstrated are related to children’s school readiness 

and later success in school; 

(ii) improving classroom practices, including reviewing children’s strengths and weaknesses; 

(iii) identifying special needs; and 

(iv) improving overall program performance in order 

to help programs identify problem areas that may require additional training and technical assistance resources. 

(B) Such measures shall not be used to exclude children 

from Head Start programs. 

(4) SUSPENDED IMPLEMENTATION OF NATIONAL REPORTING

SYSTEM.—The Secretary shall— (A) suspend implementation and terminate further development and use of the National Reporting System; and 

(B) incorporate, as appropriate, recommendations from 

the study on Developmental Outcomes and Assessments for 

Young Children by the National Academy of Sciences into 

any assessment used in the Head Start programs, in accordance with paragraphs (2) and (3). 

(5) SPECIAL RULE.—The use of assessment items and data on 

any assessment authorized under this subchapter by an agent 

or agents of the Federal Government to provide rewards or 

sanctions for individual children or teachers is prohibited. The 

Secretary shall not use the results of a single assessment as the 

sole or primary method for assessing program effectiveness or 

making grantee funding determinations at the national, regional, or local level. 

(6) CONFIDENTIALITY.— (A) The Secretary, through regulation, shall ensure the 

confidentiality of any personally identifiable data, information and records collected or maintained by the Secretary 


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and any Head Start agency. Such regulations shall provide 

the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General Education Provisions 

Act. 

(B) Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable information on children participating in 

measures under this subsection. 

(c) MONITORING OF LOCAL AGENCIES AND PROGRAMS.—

(1) IN GENERAL.—To determine whether Head Start agencies 

meet standards established under this subchapter with respect 

to program, administrative, financial management, and other 

requirements and in order to help programs identify areas for 

improvement and areas of strengths as part of an on-going selfassessment process, the Secretary shall develop and use a riskbased assessment system to conduct the following reviews of 

Head Start agencies, and of the Head Start programs operated 

by such agencies: 

(A) A full review of each such agency at least once during 

each 3-year period. 

(B) A review of each newly designated Head Start agency 

immediately after the completion of the first year such 

agency carries out a Head Start program. 

(C) Followup reviews, including unannounced reviews as 

appropriate, of programs with 1 or more findings of deficiencies not later than 12 months after the date of such 

finding. 

(D) other reviews, including unannounced site inspections 

of Head Start centers, as appropriate. 

(2) CONDUCT OF REVIEWS.—The Secretary shall ensure that 

reviews described in subparagraphs (A) through (C) of paragraph (1)—

(A) are conducted by review teams that—

(i) include individuals who are knowledgeable about 

Head Start programs and, to the maximum extent 

practicable, the diverse (including linguistic and cultural) needs of eligible children (including children 

with disabilities) and limited-English proficient children and their families; and 

(ii) include, to the maximum extent practicable, current or former employees of the Department of Health 

and Human Services who are knowledgeable about 

Head Start programs; 

(B) include as part of the reviews of the programs, a review and assessment of program strengths and areas in 

need of improvement; 

(C) include as part of the reviews of the programs, a review and assessment of whether programs have adequately 

addressed the population and community needs (including 

populations of children with limited English proficiency 

and children of migrant and seasonal farm-working families); 


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(D) include as part of the review the extent to which the 

program addresses the community needs and strategic plan 

identified in section 640(g)(2)(C); 

(E) include as part of the review the implementation by 

qualified individuals with demonstrated reliability, of a 

valid and reliable research-based observational instrument 

that assesses classroom quality, including multiple dimensions of teacher-child interactions that are linked to positive child development and later achievement; 

(F) are conducted in a manner that evaluates program 

performance, quality, and overall operations with consistency and objectivity, and based on a transparent and reliable system of review; 

(G) in the case of Early Head Start programs, are conducted by a review team that includes individuals who are 

knowledgeable about the development of infants and toddlers; and 

(H) include as part of the review a protocol for fiscal 

management that shall be used to assess the compliance 

with program requirements for—

(i) using federal funds appropriately; 

(ii) using federal funds specifically to purchase property and to compensate personnel; 

(iii) securing and using qualified fiscal officer support; and 

(iv) reporting financial information and implementing appropriate internal controls to safeguard federal funds. 

(3) USE OF REVIEW FINDINGS.—The findings of the review 

shall, at a minimum—

(A) be presented to an agency in a timely, transparent, 

and uniform manner that conveys information of program 

strengths and weaknesses and assists with program improvement; and 

(B) be used by the Head Start agencies to inform the development and implementation of their plan for training 

and technical assistance. 

(d) EVALUATIONS AND CORRECTIVE ACTIONS FOR DELEGATE AGENCIES.—

(1) PROCEDURES.—The Head Start agency shall establish procedures relating to its delegate agencies, including—

(A) procedures for evaluating delegate agencies; 

(B) procedures for defunding delegate agencies; and 

(C) procedures for appealing a defunding decision relating to a delegate agency. 

(2) EVALUATIONS.—Each Head Start agency—

(A) shall evaluate its delegate agencies using the procedures established under this section; and 

(B) shall inform the delegate agencies of the deficiencies 

identified through the evaluation that are required to be 

corrected. 

(3) REMEDIES TO ENSURE CORRECTIVE ACTIONS.—If the Head 

Start agency identifies a deficiency of a delegate agency through 

the evaluation, the Head Start agency may—


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(A) initiate procedures to terminate the designation of the 

delegate agency unless such agency corrects the deficiency; 

and 

(B) conduct monthly monitoring visits to such delegate 

agency until all deficiencies are corrected or the Head Start 

agency decides to defund such delegate agency. 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to modify, supersede, or affect the powers, 

duties, or functions of the Secretary with respect to Head Start 

agencies or delegate agencies that receive financial assistance 

under this subchapter. 

(e) CORRECTIVE ACTION; TERMINATION.—

(1) DETERMINATION.—If the Secretary determines, on the 

basis of a review pursuant to subsection (c), that a Head Start 

agency designated pursuant to section 641 fails to meet the 

standards described in subsection (a) or fails to adequately address the community needs and strategic plan identified in section 640(g)(2)(C), the Secretary shall—

(A) inform the agency of the deficiencies that shall be corrected; 

(B) with respect to each identified deficiency, require the 

agency—

(i) to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or 

safety of staff or program participants or poses a threat 

to the integrity of Federal funds; 

(ii) to correct the deficiency not later than 90 days 

after the identification of the deficiency if the Secretary 

finds, in the discretion of the Secretary, that such a 90- 

day period is reasonable, in light of the nature and 

magnitude of the deficiency; or 

(iii) in the discretion of the Secretary (taking into 

consideration the seriousness of the deficiency and the 

time reasonably required to correct the deficiency), to 

comply with the requirements of paragraph (2) concerning a quality improvement plan; and 

(C) initiate proceedings to terminate the designation of 

the agency unless the agency corrects the deficiency. 

(2) QUALITY IMPROVEMENT PLAN.— (A) AGENCY AND PROGRAM RESPONSIBILITIES.—To retain 

a designation as a Head Start agency under this subchapter, or in the case of a Head Start program to continue 

to receive funds from such agency, a Head Start agency, or 

Head Start program that is the subject of a determination 

described in paragraph (1) (excluding an agency or program required to correct a deficiency immediately or during 

a 90-day period under clause (i) or (ii) of paragraph (1)(B)) 

shall—

(i) develop in a timely manner, a quality improvement plan that shall be subject to the approval of the 

secretary, or in the case of a program, the sponsoring 

agency, and which shall specify— (I) the deficiencies to be corrected; 

(II) the actions to be taken to correct such deficiencies; and 


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(III) the timetable for accomplishment of the corrective actions specified; and 

(ii) eliminate each deficiency identified, not later 

than the date for elimination of such deficiency specified in such plan (which shall not be later than 10 

months after the date the agency or program obtains 

approval of its quality improvement plan). 

(B) SECRETARIAL RESPONSIBILITY.—Not later than 30 

days after receiving from a Head Start agency a proposed 

quality improvement plan pursuant to subparagraph (A), 

the Secretary shall either approve such proposed plan or 

specify the reasons why the proposed plan cannot be approved. 

(C) AGENCY RESPONSIBILITY FOR PROGRAM IMPROVEMENT.—Not later than 30 days after receiving from a Head 

Start program, a proposed quality improvement plan pursuant to subparagraph (A), the Head Start agency shall either approve such proposed plan or specify the reasons why 

the proposed plan cannot be approved. 

(3) TRAINING AND TECHNICAL ASSISTANCE.—The Secretary 

shall provide training and technical assistance to Head Start 

agencies and programs with respect to the development or implementation of such quality improvement plans to the extent 

the Secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities. 

(f) SUMMARIES OF MONITORING OUTCOMES.—Not later than 120 

days after the end of each fiscal year, the Secretary shall publish 

a summary report on the findings of reviews conducted under subsection (c) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year. Such report 

shall be made available to all parents with children receiving assistance under this subchapter in an understandable and uniform 

format, and to the extent practicable, provided in a language that 

the parents can understand, and in addition, make the information 

widely available through public means such as distribution through 

public agencies, and at a minimum posting such information on the 

Internet immediately upon publication. Such reports shall contain 

detailed data on compliance with specific performance standards 

and measures sufficient to allow individual Head Start agencies to 

use such data to improve the quality of their program. 

(g) SELF-ASSESSMENTS.—

(1) IN GENERAL.—Not less frequently than once each program 

year, with the consultation and participation of policy councils, 

and as applicable, policy committees, and as appropriate, other 

community members, each Head Start agency and each delegate 

agency that receives financial assistance under this subchapter 

shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives (including professional development plans) and in implementing 

and complying with Head Start program performance standards. 

(2) REPORT AND IMPROVEMENT PLANS.—

(A) REPORT.—An agency conducting a self-assessment 

shall report the findings of the self-assessment to the relVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00126 Fmt 6659 Sfmt 6603 E:\HR\OC\HR067.XXX HR067

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evant policy council, policy committee, governing body, and 

Secretary. Each self-assessment shall identify areas of 

strength and weakness. 

(B) IMPROVEMENT PLAN.—The agency shall develop and 

report to the Secretary an improvement plan approved by 

the governing body of the agency to strengthen any areas 

identified in the self-assessment as weaknesses or in need 

of improvement. 

(3) ONGOING MONITORING.—Each Head Start agency, delegate 

Head Start agency, and entity that carries out an Early Head 

Start program a shall establish and implement procedures for 

the ongoing monitoring of their respective programs, to ensure 

that the operations of the programs work toward meeting program goals and objectives and Head Start performance standards. 

(h) ENROLLMENT REPORTING REQUIREMENT.—

(1) Head Start agencies shall report on a regular basis to the 

Secretary—

(A) the actual enrollment in such program; and 

(B) if such actual enrollment is less than the funded enrollment, any apparent reason for such enrollment shortfall. 

(2) The Secretary shall determine on a regular basis which 

Head Start agencies are operating with an actual enrollment 

that is less than the funded enrollment and shall provide appropriate and timely training and technical assistance to increase actual enrollment, as appropriate. 

(3) In this subsection: 

(A) The term ‘‘actual enrollment’’ means, with respect to 

a Head Start program, the actual number of children enrolled in such program in a given month. 

(B) The term ‘‘base grant’’ means, with respect to Head 

Start agency for a fiscal year, that portion of the grant derived from—

(i) amounts reserved for use in accordance with section 640(a)(2)(A), for a Head Start agency administering an Indian Head Start program or migrant and 

seasonal Head Start program; 

(ii) amounts reserved for payments under section 

640(a)(2)(B); or 

(iii) amounts available under section 640(a)(2)(D) or 

allotted among States under section 640(a)(4). 

(C) The term ‘‘funded enrollment’’ means, with respect to 

the program of a Head Start agency in a fiscal year, the 

number of children that the agency is funded to serve 

through a grant for the program during such fiscal year, 

as indicated in the grant award. 

(i) REDISTRIBUTION OF FUNDS.—Funds held by the Secretary as 

a result of recapturing, withholding, or reducing a base grant, except when such action is the result of an open competition 641(d)) 

or termination 646(d) shall be redistributed in such fiscal year as 

follows: 

(1) If such funds are derived from an Indian Head Start program, then such funds shall be redistributed to increase enrollVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00127 Fmt 6659 Sfmt 6603 E:\HR\OC\HR067.XXX HR067

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ment in such fiscal year in 1 or more Indian Head Start programs. 

(2) If such funds are derived from the operation of a migrant 

and seasonal Head Start program, then such funds shall be redistributed to increase enrollment in such fiscal year in 1 or 

more migrant and seasonal Head Start programs. 

(3) If such funds are derived from the operation of a Head 

Start program in a State (excluding Indian Head Start program and migrant and seasonal Head Start programs), then 

such funds shall be redistributed to increase enrollment in such 

fiscal year in 1 or more Head Start programs (excluding Indian 

Head Start programs and migrant and seasonal Head Start 

programs) that are carried out in such State, except that—

(A) not less than 50 percent of the funds shall be 

prioritized to increase the program participation of children 

and families served under Early Head Start; and 

(B) not less than 25 percent of the funds shall be 

prioritized to increase program participation of underserved populations of eligible children. 

SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES. 

(a) LEGAL AUTHORITY.—To be designated as a Head Start agency 

under this subchapter, an agency must have authority under its 

charter or applicable law to receive and administer funds under 

this subchapter, funds and contributions from private or local public sources which may be used in support of a Head Start program, 

and funds under any Federal or State assistance program pursuant 

to which a public or private nonprofit or for-profit agency (as the 

case may be) organized in accordance with this subchapter, could 

act as grantee, contractor, or sponsor of projects appropriate for inclusion in a Head Start program. Such an agency must also be empowered to transfer funds so received, and to delegate powers to 

other agencies, subject to the powers of its governing board and its 

overall program responsibilities. The power to transfer funds and 

delegate powers must include the power to make transfers and delegations covering component projects in all cases where this will contribute to efficiency and effectiveness or otherwise further program 

objectives. 

(b) FAMILY AND COMMUNITY INVOLVEMENT; FAMILY SERVICES.—

To be so designated, a Head Start agency shall, at a minimum, do 

all the following to involve and serve families and communities: 

(1) Establish effective procedures by which parents and area 

residents concerned will be enabled to directly participate in decisions that influence the character of programs affecting their 

interests. 

(2) Seek the involvement of parents, area residents, and local 

business in the design and implementation of the program. 

(3) Establish effective procedures 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, and to afford such parents the opportunity to participate in the development and overall conduct of 

the program at the local level, including a process through 

which parents of children currently participating in a Head 

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ent representatives to serve on the council under section 

642(b)(4)(B)(ii). 

(4) Offer (directly or through referral to local entities, such as 

entities carrying out Even Start programs under subpart 3 of 

part B of title I of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 2741 et seq.)), to parents of participating 

children, family literacy services and parenting skills training. 

(5) Offer to parents of participating children mental health 

services (either directly or through referral to local entities), including substance abuse counseling, and including information 

on maternal depression and on drug-exposed infants and fetal 

alcohol syndrome. 

(6) At the option of such agency, offer (directly or through referral to local entities) to such parents— (A) training in basic child development (including cognitive, social, and emotional development); 

(B) assistance in developing literacy and communication 

skills; 

(C) opportunities to share experiences with other parents 

(including parent-mentor relationships); 

(D) mental and behavioral health services; 

(E) regular in-home visitation; or 

(F) any other activity designed to help such parents become full partners in the education of their children. 

(7) Provide, with respect to each participating family, a family needs assessment that includes consultation with such parents, in a manner and language that such parents can understand, about the benefits of parent involvement and about the 

activities described in paragraphs (5) through (8) in which such 

parents may choose to be involved (taking into consideration 

their specific family needs, work schedules, and other responsibilities). 

(8) Consider providing services to assist younger siblings of 

children participating in its Head Start program to obtain 

health, including mental health, services from other sources. 

(9) Perform community outreach to encourage individuals 

previously unaffiliated with Head Start programs to participate 

in its Head Start program as volunteers. 

(10)(A) Inform custodial parents in single-parent families 

that participate in programs, activities, or services carried out 

or provided under this subchapter about the availability of 

child support services for purposes of establishing paternity and 

acquiring child support; and 

(B) Refer eligible parents to the child support offices of State 

and local governments. 

(11) Provide parents of limited English proficient children 

outreach and services under this subchapter, in an understandable and uniform format and, to the extent practicable, in a 

language that such parents can understand. 

(12) Provide technical and other support needed to enable 

parents and area residents to secure on their own behalf available assistance from public and private sources. 

(13) Promote the continued involvement of the parents (including grandparents and kinship caregivers, as appropriate) of 

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cation of their children upon transition to school, the Head 

Start agency shall work with the local educational agency— (A) to provide training to the parents; 

(i) to inform the parents about their rights and responsibilities concerning the education of their children; and 

(ii) to enable the parents— (I) to understand and work with schools in order 

to communicate with teachers and other school 

personnel; 

(II) to support the schoolwork of their children; 

and 

(III) to participate as appropriate in decisions relating to the education of their children; and 

(B) to take other actions, as appropriate and feasible, to 

support the active involvement of the parents with schools, 

school personnel, and school-related organizations. 

(14) Provide parents of a child suspected of having a disability information about services available under section 619 

or part C of the Individuals With Disabilities Education Act (20 

U.S.C. 1419, 1431 et seq.) and refer such child to the appropriate agency for an evaluation of eligibility under such Act. 

(c) PROGRAM GOVERNANCE.—Head Start agencies must establish 

and maintain a formal structure of shared governance through 

which an independent governing body with legal and fiscal responsibility for administering and overseeing programs under this subchapter and a parent policy council and parent policy committee, as 

appropriate, shall ensure that such agency operates a high quality 

Head Start program in compliance with all applicable Federal, 

State, and local laws. 

(1) GOVERNING BODY.— (A) COMPOSITION.—The governing body shall be composed as follows: 

(i) Not less than 1 member with significant financial 

management or accounting experience. 

(ii) Not less than 1 member shall have a background 

and expertise in early childhood development. 

(iii) Not less than 1 member shall be a licensed attorney familiar with issues that come before the governing 

body. 

(iv) Additional members shall be selected for their expertise in education, business administration, and community affairs and shall reflect the community served. 

(v) Exceptions shall be made when members of the 

governing body oversee a public entity and are selected 

by public election or are political appointments. 

(B) CONFLICT OF INTEREST.—Members of the governing 

body shall—

(i) not have a conflict of interest with the Head Start 

agency or delegate agencies, exceptions shall be made 

when a board member of a public entity is selected by 

election or politically appointed; 

(ii) not receive compensation for the purposes of serving on the governing body or for providing services to 

the Head Start agency, exceptions shall be made when 


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a board member of a public entity is selected by election or politically appointed; 

(iii) not be employed nor shall members of their immediate family be employed by the Head Start agency 

or one of its delegate agencies, exceptions shall be made 

when a board member of a public entity is selected by 

election or politically appointed; and 

(iv) operate as an entity independent of staff employed by the Head Start agency entity or applicant, 

exceptions shall be made when a board member of a 

public entity is selected by election or politically appointed. 

(C) CONSULTANTS.—In the case that persons described in 

subparagraph (A) are not available to serve as members, 

the governing body shall make use of consultants in the 

areas described in subparagraph (A) to work directly with 

the governing body. 

(D) TRAINING.—All members of the governing body shall 

receive training in management responsibilities and obligations, ethics, and financial literacy management. 

(E) RESPONSIBILITIES OF GOVERNING BODY.—The governing body shall be responsible for—

(i) adoption of practices that assure active, independent and informed governance of the Head Start 

agency; 

(ii) oversight to ensure that the Head Start agency 

under the direction of the executive director is delivering high quality services to children and families in 

compliance with all applicable standards in effect 

under this subchapter and with the applicable performance measures established by the Secretary under section 644; 

(iii) establish an audit and finance committee whose 

primary responsibility shall be—

(I) to approve annually the operating budget of 

the Head Start agency; 

(II) to review and recommend to the governing 

body the selection of independent auditors who 

shall report all critical accounting policies and 

practices to the finance and audit committee, except when the auditor is assigned by the State 

under State law; 

(III) to review and recommend to the governing 

body the termination or extension of the existing 

audit firm at least once every 5 years; 

(IV) to review and advise the governing body of 

the audit management letter provided pursuant to 

the chapter 75 of title 31, United States Code, and 

of any audit findings; and 

(V) to monitor agency actions to correct any such 

audit findings or other actions necessary to comply 

with applicable laws (including regulations) governing financial statements and accounting practices; 


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(iv) approve all major policies of the agency, including the mission of the agency and policies addressing 

accounting, financial management, procurement, 

record confidentiality, and personnel (including specific 

standards governing salaries, salary adjustments, travel and per diem allowances, and other employee benefits); 

(v) approve all major financial expenditures of the 

agency; 

(vi) approve the selection or dismissal of the Head 

Start Director or the equivalent position within the 

Head Start agency; 

(vii) approve or disapprove all policies, applications, 

and decisions of the Policy Council made under the authority of paragraph (2); 

(viii) to oversee the program planning of the Head 

Start agency, including adoption of policies for setting 

long- and short-range goals and objectives; 

(ix) oversee and approve the agency’s applications to 

receive funds made available under this subchapter; 

and 

(x) to establish, adopt and periodically update written standards of conduct that establish standards and 

formal procedures for disclosing, addressing, and resolving—

(I) any conflict of interest, and any appearance 

of a conflict of interest, by members of the governing body, officers, employees, consultants and 

agents who provide services or furnish goods to the 

Head Start agency; and 

(II) complaints, including investigations, when 

appropriate. 

(2) POLICY COUNCIL.— (A) COMPOSITION.—The Policy Council or Policy Committee, as appropriate, shall be composed as follows: 

(i) Members of the Policy Council shall be either parents of children currently enrolled in the Head Start 

agency’s (or delegate’s) Head Start or Early Head Start 

program or that are parents of children who were enrolled in the program in the previous year (Parent 

Members) or shall be members of the community served 

by the Head Start agency or delegate (Community 

Members). 

(ii) Parent members of the Policy Council shall constitute a majority of the members of the Policy Council 

and shall be elected by parents of currently enrolled 

children. 

(iii) Parent members shall represent, proportionately, 

all program options and settings operated by the Head 

Start agency or delegate. 

(iv) The term of a Policy Council member shall be no 

more than 2 years and no Policy Council member shall 

serve longer than 6 years. 

(B) RESPONSIBILITIES OF POLICY COUNCIL.—In order to be 

designated as a Head Start agency, an entity or delegate of 


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such an entity shall have a Policy Council which shall approve and submit to the governing body decisions about the 

following activities: 

(i) The strategic direction of the program, including 

long and short-term planning goals and objectives 

(such planning and goals shall take into account the 

annual community assessment and self-assessment). 

(ii) Selection of delegate agencies and their service 

areas. 

(iii) Recruitment, selection and enrollment priorities. 

(iv) Funding applications and amendments to funding applications for Head Start or Early Head Start 

prior to submission of such applications. 

(v) Budget planning for program expenditures. 

(vi) Bylaws for the operation of the Policy Council including procedures by which Policy Council members 

are chosen. 

(vii) Program personnel policies, including standards 

of conduct for program staff, contractors and volunteers. 

(viii) Decisions regarding employment of Head Start 

staff other than the director and executive director. 

(ix) Activities to support the active involvement of 

parents in supporting program operations. 

(x) Program responsiveness to community and parent 

needs. 

(C) TRAINING.—Appropriate training and technical assistance shall be provided to the members of the Policy 

Council to ensure that the members understand the information the members receive and effectively oversee and participate in the programs of the Head Start agency or delegate. 

(3) IMPASSE POLICY.—The Secretary shall develop policies 

and procedures describing how Head Start agencies will implement shared decision-making, including a process for resolving 

any impasse between the Governing Body and the Policy Council. 

(d) COLLABORATION AND COORDINATION.—To be so designated, a 

Head Start agency must collaborate and coordinate with public and 

private entities to improve the available services to Head Start children and families, including the following activities: 

(1) Conduct outreach to schools in which children participating in Head Start programs enroll, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness. 

(2) In communities where both public prekindergarten programs and Head Start programs operate, a Head Start agency 

shall collaborate and coordinate activities with the local educational agency or other public agency responsible for the operation of the prekindergarten program and providers of prekindergarten, including outreach activities to identify eligible 

children, as possible. 


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(3) Head Start agency staff shall, with the permission of the 

parents of children enrolled in Head Start programs, regularly 

communicate with the elementary schools such children will be 

attending—

(A) to share information about such children; and 

(B) to ensure a smooth transition to elementary school for 

such children. 

(4) Each Head Start agency shall collaborate, as appropriate, 

with providers of social and community services available to 

children and families participating in Head Start programs, 

and may support such partnerships with financial agreements, 

when applicable, for the provision of such services. 

(5) A Head Start agency shall take steps to coordinate activities with the local educational agency serving the community 

involved and with schools in which children participating in a 

Head Start program operated by such agency will enroll following such program, including—

(A) collaborating on the shared use of transportation and 

facilities; 

(B) collaborating to enhance the efficiency of services 

while increasing the program participation of underserved 

populations of eligible children; and 

(C) exchanging information on the provision of noneducational services to such children. 

(6) The Secretary, in consultation with the Secretary of Education, shall—

(A) evaluate the effectiveness of the projects and activities 

funded under section 642A; 

(B) disseminate to Head Start agencies information (including information from the evaluation required by subparagraph (A)) on effective policies and activities relating 

to the transition of children from Head Start programs to 

public schools; and 

(C) provide technical assistance to such agencies to promote and assist such agencies to adopt and implement such 

effective policies and activities. 

(e) QUALITY STANDARDS, CURRICULA AND ASSESSMENT.—To be so 

designated, each Head Start agency shall—

(1) take steps to ensure, to the maximum extent possible, that 

children maintain the developmental and educational gains 

achieved in Head Start programs and build upon such gains in 

further schooling; 

(2) establish a program with standards set forth in section 

641A(a)(1), with particular attention to the standards set forth 

in subparagraphs (A) and (B) of such section; 

(3) implement a research-based early childhood curriculum 

that promotes young children’s school readiness in the areas of 

language and cognitive development, early reading and 

premathematics skills, socio-emotional development, physical 

development, and approaches to learning. Such curricula shall 

be—

(A) based on scientifically based research and have 

standardized training procedures and curriculum materials to support implementation; 


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(B) comprehensive, linked to ongoing assessment, with 

developmental and learning goals and measurable objectives; and focused on improving the learning environment, 

teaching practices, family involvement, and child outcomes 

across all areas of development; and 

(C) aligned to the Head Start Child Outcomes Framework developed by the Secretary and to State early learning 

standards, as appropriate; 

(4) use ongoing, research-based assessment methods that are 

developmentally appropriate, culturally and linguistically responsive, and tied to children’s daily activities in order to support the educational instruction of children in the program, including language skills, prereading knowledge and 

premathematics knowledge. Assessment instruments shall be 

those designed and validated for making decisions about teaching and learning and aligned with the programs curricula and 

section 641A(a)(1); 

(5) use high-quality research-based developmental screening 

tools that have been demonstrated to be standardized, reliable, 

valid, and accurate for children from a range of racial, ethnic, 

linguistic, and cultural backgrounds, for the purpose of meeting 

the relevant performance standards; 

(6) adopt, in consultation with experts in child development 

and with classroom teachers, an assessment to be used when 

hiring or evaluating any classroom teacher in a center-based 

Head Start program. Such assessment shall measure whether 

such teacher has mastered the functions described in section 

648A(a)(1) and attained a level of literacy appropriate to implement Head Start curricula; 

(7) use the information provided from the assessment conducted under section 640A(C)(2)(H) to adopt a professional development plan that leads to improved teacher effectiveness; 

(8) establish measurable objectives for the provision of health, 

educational, nutritional, and social services related to the program mission and to school readiness and provided under this 

subchapter; and 

(9) develop procedures for identifying children as limited 

English proficient, and inform the parents of such children as 

to the instructional services used to help children make progress 

towards acquiring the knowledge and skills described in section 

641A(a)(1)(B) and acquisition of the English language. 

(f) FUNDED ENROLLMENT; WAITING LIST.—Each Head Start agency shall 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. 

(g) TECHNICAL ASSISTANCE AND TRAINING PLAN.—In order to receive funds under this subchapter, a Head Start agency shall develop an annual technical assistance and training plan. Such plan 

shall be based on the agency’s self-assessment, the community-wide 

needs assessment, the needs of parents and children to be serviced 

by such agency, and the results of the reviews conducted under section 641A(c). 

(h) FINANCIAL MANAGEMENT.—In order to receive funds under 

this subchapter, a Head Start agency shall document strong fiscal 

controls, including the employment of well-qualified fiscal staff with 


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a history of successful management of a public or private organization. 

SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12 EDUCATION. 

Each Head Start agency shall take steps to coordinate with the 

local educational agency serving the community involved and with 

schools in which children participating in a Head Start program 

operated by such agency will enroll following such program to promote continuity of services and effective transitions, including— (1) developing and implementing a systematic procedure for 

transferring, with parental consent, Head Start program 

records for each participating child to the school in which such 

child will enroll; 

(2) establishing ongoing channels of communication between 

Head Start staff and their counterparts in the schools (including teachers, social workers, McKinney-Vento liaisons as established under section 722 (g)(1)(J)(ii) of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and 

health staff) to facilitate coordination of programs; 

(3) establish on-going communication for developing continuity of developmentally appropriate curricula between Head 

Start and local educational agencies to ensure an effective transition and appropriate shared expectations for children’s learning and development as they make such transition to school; 

(4) organizing and participating in joint training, including 

transition-related training for school staff and Head Start staff; 

(5) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start program teachers to 

discuss the educational, developmental, and other needs of individual children; 

(6) helping parents of limited English Proficient children understand the method of instruction and other services provided 

by the school in which such child will enroll after participation 

in Head Start and as appropriate, information provided to parents of limited English proficient children under section 3302 of 

title III of the Elementary and Secondary Education Act of 1965 

(20U.S.C. 7012); 

(7) developing and implementing a family outreach and support program in cooperation with entities carrying out parental 

involvement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and family outreach and support efforts under subtitle B of title VII of 

the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11431—11435); 

(8) assisting families, administrators, and teachers in enhancing educational and developmental continuity and continuity in parental involvement activities between Head Start 

services and elementary school classes; 

(9) linking the services provided in such Head Start program 

with the education services, including services relating to language, literacy, and numeracy, provided by such local educational agency; 

(10) helping parents (including grandparents and kinship 

caregivers, as appropriate) to understand the importance of parental involvement in a child’s academic success while teaching 


hmoore on PROD1PC68 with HMRPT
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them strategies for maintaining parental involvement as their 

child moves from Head Start to elementary school; 

(11) developing and implementing a system to increase program participation of underserved populations of eligible children; and 

(12) coordinating activities and collaborating to ensure that 

curricula used in the Head Start program are aligned with— (A) the Head Start Child Outcomes Framework as developed by the Secretary; and 

(B) State early learning standards, as appropriate, with 

regard to cognitive, social, emotional, and physical competencies that children entering kindergarten are expected 

to demonstrate. 

SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD 

EDUCATION. 

(a) LOCAL INTEGRATION.—In general, Head Start agencies shall 

enter into ongoing partnerships with local educational agencies and 

with State-funded preschool and other early childhood programs. 

(1) MEMORANDA OF UNDERSTANDING.—Each Head Start 

agency shall enter into a memorandum of understanding with 

any local educational agencies or local councils, responsible for 

managing publicly funded prekindergarten programs in the 

service area of the Head Start agency (or if such agencies and 

such councils are not applicable in the service area, with the 

largest provider of publicly funded prekindergarten in the service area), that shall include plans to coordinate the following 

activities: 

(A) Educational activities, curricula, and instruction. 

(B) Public information dissemination and access to programs for families contacting any of the early childhood 

programs. 

(C) Selection priorities for eligible children to be served 

by programs. 

(D) Service delivery areas. 

(E) Staff training, including opportunities for joint staff 

training on topics such as academic content standards, instructional methods, and social and emotional development. 

(F) Program technical assistance. 

(G) Provision of additional services to meet the needs of 

working parents. 

(H) Planning and parent education for smooth transitions to kindergarten as required in section 642A(3) and 

642A(6). 

(I) Provision and use of facilities, transportation, and 

other program elements. 

(J) Other elements mutually agreed to by the parties to 

such memorandum. 

(2) TIMING OF MEMORANDA.—Each Head Start agency shall 

enter into a memorandum of understanding under paragraph 

(1) not later than 1 year after the effective date of this section. 

(3) SECRETARIAL REVIEW.—Each memorandum of understanding entered into under paragraph (1) shall be submitted 

to the Secretary not later than 30 days after entering into such 

memorandum. 


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(A) If a Head Start agency is unable to comply with the 

requirement in paragraph (1) the Head Start agency shall 

notify the Secretary and the chief executive officer of the 

State not later than 30 days after determining that they are 

unable to enter into such memorandum. The Secretary, in 

cooperation with the State Early Learning Council and the 

State Director of Head Start Collaboration, shall evaluate 

the causes of failure to enter into a memorandum of understanding under paragraph (1). With the assistance of the 

State Early Learning Council and the State Director of 

Head Start Collaboration, all parties shall again attempt 

to enter into a memorandum of understanding under paragraph (1). Then if no such memorandum of understanding 

is entered into, the Secretary shall make 1 of the following 

determinations: 

(i) The local educational agency, local council, or 

other appropriate entity is unable or unwilling to enter 

into such a memorandum despite reasonable efforts on 

the part of the Head Start agency. 

(ii) The Head Start agency has not engaged in reasonable efforts to successfully negotiate and enter into 

a memorandum of understanding pursuant to paragraph (1). 

(iii) There is an absence of publicly funded prekindergarten in the service area of the Head Start 

agency. 

(B) If the Secretary determines the Head Start agency is 

not making reasonable efforts to enter into a memorandum 

of understanding pursuant to paragraph (1), the Head 

Start agency shall be found to be noncompliant with program performance standards. 

(C) If the Secretary concludes that the local educational 

agency, local council, or other appropriate entity is not 

making reasonable efforts to reach such a memorandum of 

understanding, the Head Start agency shall not be found 

out of compliance with paragraph (1). 

(4) REVISION OF MEMORANDA.—Each memorandum of understanding shall be revised and renewed annually by the parties 

to such memorandum, in alignment with the beginning of the 

school year. 

(5) ABSENCE OF PREKINDERGARTEN.—In the absence of publicly funded prekindergarten in the service area of a Head Start 

agency, the Head Start agency shall submit notice to the Secretary and the chief executive officer of the State and shall work 

with the State Early Learning Council and the State Director 

of Head Start Collaboration to improve coordination in their 

service area. 

(b) STATE EARLY LEARNING COUNCILS.—From the amounts reserved under section 640(a)(2)(C)(iii), the Secretary shall award, 

upon submission of a written request and pursuant to the requirements of paragraph (2), an early learning collaboration grant to 

each State for the purposes of supporting a State Early Learning 

Council responsible for advancing the development of a coordinated 

early childhood services delivery system in the State. A State that 

receives a grant under this subparagraph shall—


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(1) establish a State Early Learning Council, which shall include—

(A) the State Director of Head Start Collaboration; 

(B) representatives from the State preschool programs; 

(C) representatives of local educational agencies; 

(D) the State official who oversees child care programs; 

(E) the State official who oversees section 619 and part 

C of the Individuals with Disabilities Education Act (20 

U.S.C. 1419, 1431 et seq.); 

(F) the State official who oversees the State educational 

agency; 

(G) representatives from Head Start agencies located in 

the State, including migrant and seasonal Head Start programs and Indian Head Start programs; 

(H) representatives of local child care programs or organizations; and 

(I) a representative of the State agency responsible for 

health and mental health care; 

except that the chief executive officer of the State may designate 

an existing entity to serve as the Early Learning Council if such 

entity includes representatives described in this paragraph; 

(2) ensure that allotted funds distributed to a State for a fiscal year to carry out this subsection may be used by the State 

to pay not more than 50 percent of the cost of carrying out this 

subsection; 

(3) direct the early learning council to improve the coordination and quality of early childhood services within the State, including—

(A) to increase coordination and collaboration among 

State preschool, Head Start programs, child care programs, 

early childhood special education, and other early childhood programs, including in the areas of outcomes and 

standards, technical assistance, coordination of services, 

cross-sector professional development and training, community outreach, communication, and better serving the needs 

of working families through provision of full-day and fullyear early education services; 

(B) to work with State agencies responsible for education, 

child care, and early intervention to provide leadership and 

assistance to local Head Start programs, local education 

agencies, and State and locally funded preschool and child 

care programs to increase integration among early childhood programs through adoption of local memoranda of 

understanding described in subparagraph (A) and other 

means; 

(C) to work with State agencies responsible for education, 

child care, and early intervention to provide leadership and 

assistance to develop developmentally appropriate standards for children birth through the early elementary grades 

to effect a smooth transition to and success in the early elementary grades; 

(D) to develop or conduct periodic Statewide needs assessments concerning early care and education programs for 

children from birth to school entry; 


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(E) to work to identify and address barriers to and opportunities for integration between entities carrying out 

Federal and State child development, child care, and early 

childhood education programs; 

(F) to develop recommendations regarding means of establishing a unified data collection system for early care 

and education programs operating throughout the State; 

(G) to address coordination of early learning programs 

with health care (including mental and behavioral health 

care), welfare, family literacy and services for homeless 

children; 

(H) to support a State system of early childhood education, and training and technical assistance that improves 

the quality of early learning programs and the capacity of 

such programs to deliver services pursuant to section 

648(b); 

(I) to develop a plan for increasing the participation of 

children underrepresented in State early childhood education and child care programs, including Head Start, 

State preschool programs, and programs carried out under 

the Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9858 et seq.); 

(J) developing a Statewide professional development and 

career ladder plan for early care and education in the 

State; and 

(K) assisting 2- and 4-year public and private institutions of higher education to develop articulation agreements 

concerning degrees in early childhood and related fields. 

(4) Nothing in this subsection shall be construed to provide 

the Early Learning Council with authority to modify, supersede, 

or affect the operation of this subchapter. 

(5) Funds made available under this section shall be used to 

supplement, and not supplant, other Federal, State, and local 

funds that would otherwise be expended to carry out the purposes of this section. 

* * * * * * * 

ADMINISTRATIVE REQUIREMENTS AND STANDARDS

SEC. 644. 

ø(a) Each Head Start agency shall observe standards of organization, management, and administration which will assure, so far as 

reasonably possible, that all program activities are conducted in a 

manner consistent with the purposes of this subchapter and the objective of providing assistance effectively, efficiently, and free of 

any taint of partisan political bias or personal or family favoritism. 

Each such agency shall establish or adopt rules to carry out this 

section, which shall include rules to assure full staff accountability 

in matters governed by law, regulations, or agency policy. Each 

agency shall also provide for reasonable public access to information, including public hearings at the request of appropriate community groups and reasonable public access to books and records 

of the agency or other agencies engaged in program activities or operations involving the use of authority or funds for which it is responsible. Each such agency shall adopt for itself and other agenVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00140 Fmt 6659 Sfmt 6601 E:\HR\OC\HR067.XXX HR067

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cies using funds or exercising authority for which it is responsible, 

rules designed to (1) establish specific standards governing salaries, salary increases, travel and per diem allowances, and other 

employee benefits; (2) assure that only persons capable of discharging their duties with competence and integrity are employed 

and that employees are promoted or advanced under impartial procedures calculated to improve agency performance and effectiveness; (3) guard against personal or financial conflicts of interest; (4) 

define employee duties in an appropriate manner which will in any 

case preclude employees from participating, in connection with the 

performance of their duties, in any form of picketing, protest, or 

other direct action which is in violation of law.¿ 

(a) IN GENERAL.—

(1) STANDARDS.—Each Head Start agency shall observe 

standards of organization, management, and administration 

which will ensure, so far as reasonably possible, that all program activities are conducted in a manner consistent with the 

purposes of this subchapter and the objective of providing assistance effectively, efficiently, and free of any taint of partisan 

political bias or personal or family favoritism. Each such agency shall establish or adopt rules to carry out this section, which 

shall include rules to assure full staff accountability in matters 

governed by law, regulations, or agency policy. Each agency 

shall also provide for reasonable public access to information, 

including public hearings at the request of appropriate community groups and reasonable public access to books and records 

of the agency or other agencies engaged in program activities or 

operations involving the use of authority or funds for which it 

is responsible. 

(2) ANNUAL REPORT.—Each Head Start agency shall make 

available to the public a report published at least once in each 

fiscal year that discloses the following information from the 

then most recently concluded fiscal year, except that reporting 

such information shall not reveal personally identifiable information about an individual child or parent: 

(A) The total amount of public and private funds received 

and the amount from each source. 

(B) An explanation of budgetary expenditures and proposed budget for the following fiscal year. 

(C) The total number of children and families served and 

percent of average monthly enrollment, including the percent of eligible children served. 

(D) The results of the most recent review by the Secretary 

and the financial audit. 

(E) The percentage of enrolled children that received 

medical and dental exams. 

(F) Information about parent involvement activities. 

(G) The agency’s efforts to prepare children for kindergarten. 

(H) Any other information required by the Secretary. 

(3) PROCEDURAL CONDUCT.—Each such agency shall adopt 

for itself and other agencies using funds or exercising authority 

for which it is responsible, rules designed to—


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(A) establish specific standards governing salaries, salary 

increases, travel and per diem allowances, and other employee benefits; 

(B) assure that only persons capable of discharging their 

duties with competence and integrity are employed and that 

employees are promoted or advanced under impartial procedures calculated to improve agency performance and effectiveness; 

(C) guard against personal or financial conflicts of interest; and 

(D) define employee duties in an appropriate manner 

which will in any case preclude employees from participating, in connection with the performance of their duties, 

in any form of picketing, protest, or other direct action 

which is in violation of law. 

* * * * * * * 

ø(f)(1) The Secretary shall establish uniform procedures for Head 

Start agencies to request approval to purchase facilities, or to request approval of the purchase (after December 31, 1986) of facilities, to be used to carry out Head Start programs. The Secretary 

shall suspend any proceedings pending against any Head Start 

agency to claim costs incurred in purchasing such facilities until 

the agency has been afforded an opportunity to apply for approval 

of the purchase and the Secretary has determined whether the purchase will be approved. The Secretary shall not be required to 

repay claims previously satisfied by Head Start agencies for costs 

incurred in the purchase of such facilities. 

ø(2) Financial assistance provided under this subchapter may not 

be used by a Head Start agency to purchase a facility (including 

paying the cost of amortizing the principal, and paying interest on, 

loans) to be used to carry out a Head Start program unless the Secretary approves a request that is submitted by such agency and 

contains—

ø(A) a description of the site of the facility proposed to be 

purchased or that was previously purchased; 

ø(B) the plans and specifications of such facility; 

ø(C) information demonstrating that— ø(i) the proposed purchase will result, or the previous 

purchase has resulted, in savings when compared to the 

costs that would be incurred to acquire the use of an alternative facility to carry out such program; or 

ø(ii) the lack of alternative facilities will prevent, or 

would have prevented, the operation of such program; 

ø(D) in the case of a request regarding a previously purchased facility, information demonstrating that the facility will 

be used principally as a Head Start center, or a direct support 

facility for a Head Start program; and 

ø(E) such other information and assurances as the Secretary 

may require. 

ø(3) Upon a determination by the Secretary that suitable facilities are not otherwise available to Indian tribes to carry out Head 

Start programs, and that the lack of suitable facilities will inhibit 

the operation of such programs, the Secretary, in the discretion of 

the Secretary, may authorize the use of financial assistance, from 

the amount reserved under section 640(a)(2)(A), to make payments 


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for the purchase of facilities owned by such tribes. The amount of 

such a payment for such a facility shall not exceed the fair market 

value of the facility.¿ 

(f) FACILITIES.—

(1) The Secretary shall establish uniform procedures for Head 

Start agencies to request approval to purchase facilities, or to 

request approval of the purchase (after December 31, 1986) of 

facilities, to be used to carry out Head Start programs. The Secretary shall suspend any proceedings pending against any Head 

Start agency to claim costs incurred in purchasing such facilities until the agency has been afforded an opportunity to apply 

for approval of the purchase and the Secretary has determined 

whether the purchase will be approved. The Secretary shall not 

be required to repay claims previously satisfied by Head Start 

agencies for costs incurred in the purchase of such facilities. 

(2) Financial assistance provided under this subchapter may 

not be used by a Head Start agency to purchase a facility (including paying the cost of amortizing the principal and paying 

interest on loans) to be used to carry out a Head Start program 

unless the Secretary approves a request that is submitted by 

such agency and contains—

(A) a description of the consultation conducted by the 

Head Start agency with the providers in the community 

demonstrating capacity and capability to provide services 

under this subchapter, and of the potential for collaboration with such providers and the cost effectiveness of such 

collaboration as opposed to the cost effectiveness of the purchase of a facility; 

(B) a description of the site of the facility proposed to be 

purchased or that was previously purchased; 

(C) the plans and specifications of such facility; 

(D) information demonstrating that—

(i) the proposed purchase will result, or the previous 

purchase has resulted, in savings when compared to 

the costs that would be incurred to acquire the use of 

an alternative facility to carry out such program; or 

(ii) the lack of alternative facilities will prevent, or 

would have prevented, the operation of such program; 

(E) in the case of a request regarding a previously purchased facility, information demonstrating that the facility 

will be used principally as a Head Start center, or a direct 

support facility for a Head Start program; and 

(F) such other information and assurances as the Secretary may require. 

(3) Upon a determination by the Secretary that suitable facilities are not otherwise available to Indian tribes to carry out 

Head Start programs, and that the lack of suitable facilities 

will inhibit the operation of such programs, the Secretary may 

authorize the use of financial assistance, from the amount reserved under section 640(a)(2)(A), to make payments for the 

purchase of facilities owned by such tribes. The amount of such 

a payment for such a facility shall not exceed the fair market 

value of the facility. 

* * * * * * * 


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PARTICIPATION IN HEAD START PROGRAMS

SEC. 645. (a)(1) The Secretary shall by regulation prescribe eligibility for the participation of persons in Head Start programs assisted under this subchapter. Except as provided in paragraph (2), 

such criteria may provide— (A) * * * 

(B) pursuant to such regulations as the Secretary shall 

prescribe, that— ø(i) programs assisted under this subchapter may 

include, to a reasonable extent, participation of children in the area served who would benefit from such 

programs but whose families do not meet the low-income criteria prescribed pursuant to subparagraph 

(A); and¿ 

(i) programs assisted under this subchapter may include, to a reasonable extent, participation of children 

in the area served who would benefit from such programs, including children referred by child welfare 

services, but whose families do not meet the low-income 

criteria prescribed pursuant to subparagraph (A) (A 

homeless child shall be deemed to meet the low-income 

criteria.); and 

* * * * * * * 

(3) The amount of a basic allowance provided under section 403 

of title 37, United States Code, on behalf of an individual who is 

a member of the uniformed services for housing that is acquired or 

constructed under the authority of subchapter IV of chapter 169 of 

title 10, United States Code, or any other related provision of law, 

shall not be considered to be income for purposes of determining the 

eligibility of a child of the individual for programs assisted under 

this subchapter. 

(4)(A) Upon written request and pursuant to the requirements of 

this paragraph, a Head Start agency may use funds under section 

640(a) to serve infants and toddlers if the agency submits an application to the Secretary containing the following information, as 

specified in rules issued by the Secretary—

(i) the amount of funds under section 640(a) that are proposed to be used in accordance with section 645A(b); 

(ii) a community-wide needs assessment demonstrating how 

the use of such funds would best meet the needs of the community; 

(iii) a description of how the needs of pregnant women, and 

of infants and toddlers, will be addressed in accordance with 

section 645A(b), and with regulations prescribed by the Secretary pursuant to section 641A in areas including the agency’s 

approach to child development and provision of health services, 

approach to family and community partnerships, and approach 

to program design and management; 

(iv) a description of how the needs of eligible Head Start children will be met in the community; 

(v) assurances that the agency will participate in technical 

assistance activities (including a planning period, start-up site 

visits, and national training activities) in the same manner as 

recipients of grants under section 645A; and 


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(vi) evidence that the agency meets the same eligibility criteria as recipients of grants under section 645A. 

(B) An application that satisfies the requirements specified in subparagraph (A) shall be approved by the Secretary unless the Secretary finds that—

(i) the agency lacks adequate capacity and capability to carry 

out an effective Early Head Start program; or 

(ii) the information provided under subparagraph (A) is inadequate. 

(C) Any Head Start agency approved under subparagraph (B) 

shall be considered to be an entity that receives assistance under 

section 645A, and such funds under (i) shall be subject to the same 

rules, regulations, and conditions as apply to recipients of grants 

under section 645A. 

(5)(A) Upon written request and pursuant to the requirements of 

this paragraph, a Head Start agency may consider children from 

low-income families to be eligible for participation in programs assisted under this subchapter if their family income is at or above 

the poverty line but below 130 percent of the poverty line, if the 

agency submits an application to the Secretary containing the following information, as specified in rules issued by the Secretary—

(i) a description of how the needs of eligible Head Start children, as described in paragraph (1)(A) are being adequately met 

in the agency’s service area; 

(ii) a description of outreach efforts to the community to reach 

full enrollment under the eligibility guidelines under paragraph 

(1), including using outreach efforts that are linguistically and 

culturally appropriate; 

(iii) assurance that the agency will prioritize serving children 

currently eligible under the guidelines under paragraph (1); 

and 

(iv) a description of why increasing the number of infants 

and toddlers being served, as described in paragraph (4), is not 

appropriate based upon the communitywide needs assessment 

or the agency’s capability. 

(B) In approving such applications, the Secretary shall take into 

account the— (i) cost of living for families living the area served by the 

Head Start agency; 

(ii) the efforts the Head Start agency has undertaken to be 

fully enrolled under the eligibility criteria in paragraph (1); 

and 

(iii) the policies and procedures the Head Start agency will 

implement to ensure that children currently eligible under the 

criteria described under paragraph (1) will be prioritized. 

(C) No more than 20 percent of children served by such Head 

Start agency may be from families above the poverty line. 

* * * * * * * 

(c) Each Head Start program operated in a community shall be 

permitted to provide more than 1 year of Head Start services to eligible children ø(age 3 to compulsory school attendance)¿ in the 

State. Each Head Start program operated in a community shall be 

permitted to recruit and accept applications for enrollment of children throughout the year. 


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(d)(1) * * * 

* * * * * * * 

(4) Notwithstanding any other provision of this Act, an Indian 

tribe that operates both a Head Start program and an Early Head 

Start program under section 645A may, at its discretion, at any 

time during the grant period involved, reallocate funds between the 

Head Start program and the Early Head Start program in order to 

address fluctuations in client population, including pregnant 

women and children birth to compulsory school age. The reallocation of such funds between programs by an Indian tribe shall not 

serve as the basis for the Secretary to reduce a base grant (as defined in section 641A(g)(1)) for either program in succeeding years. 

øSEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND TODDLERS. 

ø(a) IN GENERAL.—The Secretary shall make grants, in accordance with the provisions of this section for programs providing family-centered services for low-income families with very young children designed to promote the development of the children, and to 

enable their parents to fulfill their roles as parents and to move toward self-sufficiency. 

ø(b) SCOPE AND DESIGN OF PROGRAMS.—In carrying out a program described in subsection (a), an entity receiving assistance 

under this section shall—

ø(1) provide, either directly or through referral, early, continuous, intensive, and comprehensive child development and 

family support services that will enhance the physical, social, 

emotional, and intellectual development of participating children; 

ø(2) ensure that the level of services provided to families responds to their needs and circumstances; 

ø(3) promote positive parent-child interactions; 

ø(4) provide services to parents to support their role as parents and to help the families move toward self-sufficiency (including educational and employment services as appropriate); 

ø(5) coordinate services with services provided by programs 

in the State and programs in the community (including programs for infants and toddlers with disabilities) to ensure a 

comprehensive array of services (such as health and mental 

health services); 

ø(6) ensure formal linkages with local Head Start programs 

in order to provide for continuity of services for children and 

families; 

ø(7) in the case of a Head Start agency that operates a program and that also provides Head Start services through the 

age of mandatory school attendance, ensure that children and 

families participating in the program receive such services 

through such age; 

ø(8) ensure formal linkages with the agencies and entities 

described in section 644(b) of the Individuals with Disabilities 

Education Act (20 U.S.C. 1444(b)) and providers of early intervention services for infants and toddlers with disabilities under 

the Individuals with Disabilities Education Act (20 U.S.C. 1400 

et seq.); and 


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ø(9) meet such other requirements concerning design and operation of the program described in subsection (a) as the Secretary may establish. 

ø(c) PERSONS ELIGIBLE TO PARTICIPATE.—Persons who may participate in programs described in subsection (a) include—

ø(1) pregnant women; and 

ø(2) families with children under age 3; 

who meet the income criteria specified for families in section 

645(a)(1). 

ø(d) ELIGIBLE SERVICE PROVIDERS.—To be eligible to receive assistance under this section, an entity shall submit an application 

to the Secretary at such time, in such manner, and containing such 

information as the Secretary may require. Entities that may apply 

to carry out activities under this section include—

ø(1) entities operating Head Start programs under this subchapter; and 

ø(2) other public entities, and nonprofit or for-profit private 

entities, capable of providing child and family services that 

meet the standards for participation in programs under this 

subchapter and meet such other appropriate requirements relating to the activities under this section as the Secretary may 

establish. 

ø(e) SELECTION OF GRANT RECIPIENTS.—From the portion specified in section 640(a)(6), the Secretary shall award grants under 

this subsection on a competitive basis to applicants meeting the criteria specified in subsection (d) (giving priority to entities with a 

record of providing early, continuous, and comprehensive childhood 

development and family services). 

ø(f) DISTRIBUTION.—In awarding grants to eligible applicants 

under this section, the Secretary shall—

ø(1) ensure an equitable national geographic distribution of 

the grants; and 

ø(2) award grants to applicants proposing to serve communities in rural areas and to applicants proposing to serve communities in urban areas. 

ø(g) MONITORING, TRAINING, TECHNICAL ASSISTANCE, AND EVALUATION.—

ø(1) REQUIREMENT.—In order to ensure the successful operation of programs assisted under this section, the Secretary 

shall use funds from the portion specified in section 640(a)(6) 

to monitor the operation of such programs, evaluate their effectiveness, and provide training and technical assistance tailored 

to the particular needs of such programs. 

ø(2) TRAINING AND TECHNICAL ASSISTANCE ACCOUNT.—

ø(A) IN GENERAL.—Of the amount made available to 

carry out this section for any fiscal year, not less than 5 

percent and not more than 10 percent shall be reserved to 

fund a training and technical assistance account. 

ø(B) ACTIVITIES.—Funds in the account may be used by 

the Secretary for purposes including—

ø(i) making grants to, and entering into contracts 

with, organizations with specialized expertise relating 

to infants, toddlers, and families and the capacity 

needed to provide direction and support to a national 


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training and technical assistance system, in order to 

provide such direction and support; 

ø(ii) providing ongoing training and technical assistance for regional and program staff charged with monitoring and overseeing the administration of the program carried out under this section; 

ø(iii) providing ongoing training and technical assistance for existing recipients (as of the date of such 

training or assistance) of grants under subsection (a) 

and support and program planning and implementation assistance for new recipients of such grants; and 

ø(iv) providing professional development and personnel enhancement activities, including the provision 

of funds to recipients of grants under subsection (a) for 

the recruitment and retention of qualified staff with 

an appropriate level of education and experience.¿ 

SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH CHILDREN UNDER 3 YEARS OF AGE. 

(a) IN GENERAL.—The Secretary shall make grants, in accordance 

with this section for programs (to be known as ‘‘Early Head Start 

programs’’) that provide family-centered services for low-income 

families with very young children designed to promote the development of the children, and to enable their parents to fulfill their roles 

as parents and to move toward self-sufficiency. 

(b) SCOPE AND DESIGN OF PROGRAMS.—In carrying out a program 

described in subsection (a), an entity receiving assistance under this 

section shall— (1) provide, either directly or through referral, early, continuous, intensive, and comprehensive child development and family support services that will enhance the physical, social, emotional, and intellectual development of participating children; 

(2) ensure that the level of services provided to families responds to their needs and circumstances; 

(3) promote positive parent-child interactions; 

(4) provide services to parents to support their role as parents 

(including parenting skills training and training in basic child 

development) and to help the families move toward self-sufficiency (including educational and employment services as appropriate); 

(5) coordinate services with services provided by programs in 

the State (including home-based services) and programs in the 

community (including programs for infants and toddlers with 

disabilities and programs for homeless infants and toddlers) to 

ensure a comprehensive array of services (such as health and 

mental health services and family support services); 

(6) ensure formal linkages with local Head Start programs in 

order to provide for continuity of services for children and families; 

(7) in the case of a Head Start agency that operates a program and that also provides Head Start services through the 

age of mandatory school attendance, ensure that children and 

families participating in the program receive such services 

through such age; 

(8) ensure formal linkages with the agencies and entities described in section 644(b) of the Individuals with Disabilities 


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Education Act (20 U.S.C. 1444(b)) and providers of early intervention services for infants and toddlers with disabilities under 

the Individuals with Disabilities Education Act (20 U.S.C. 1400 

et seq.) and the agency responsible for administering section 

106 of the Child Abuse Prevention and Treatment Act (42 

U.S.C. 5106a); 

(9) develop and implement a systematic procedure for 

transitioning children and parents from an Early Head Start 

program under this section into a Head Start program or other 

local early childhood education program; 

(10) establish channels of communication between staff of 

Early Head Start programs under this section and staff of 

Head Start programs or other local early childhood education 

programs, to facilitate the coordination of programs; and 

(11) meet such other requirements concerning design and operation of the program described in subsection (a) as the Secretary may establish. 

(c) PERSONS ELIGIBLE TO PARTICIPATE.—Persons who may participate in programs described in subsection (a) include— (1) pregnant women; and 

(2) families with children under age 3; 

who meet the income criteria specified for families in section 

645(a)(1). 

(d) ELIGIBLE SERVICE PROVIDERS.—To be eligible to receive assistance under this section, an entity shall submit an application to the 

Secretary at such time, in such manner, and containing such information as the Secretary may require. Entities that may apply to 

carry out activities under this section include— (1) entities operating Head Start programs under this subpart; 

(2) Indian Head Start programs; and 

(3) other public entities, and nonprofit or for-profit private entities, including community-based and faith-based organizations, capable of providing child and family services that meet 

the standards for participation in programs under this subchapter and meet such other appropriate requirements relating 

to the activities under this section as the Secretary may establish. 

(e) SELECTION OF GRANT RECIPIENTS.—From the portion specified 

in section 640(a)(6), the Secretary shall award grants under this 

subsection on a competitive basis to applicants meeting the criteria 

specified in subsection (d) (giving priority to entities with a record 

of providing early, continuous, and comprehensive childhood development and family services). 

(f) DISTRIBUTION.—In awarding grants to eligible applicants 

under this section, the Secretary shall—

(1) ensure an equitable national geographic distribution of 

the grants; and 

(2) award grants to applicants proposing to serve communities in rural areas and to applicants proposing to serve communities in urban areas. 

(g) MONITORING, TRAINING, TECHNICAL ASSISTANCE, AND EVAL- UATION.—

(1) REQUIREMENT.—To ensure the successful operation of programs assisted under this section, the Secretary shall use funds 


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from the portion specified in section 640(a)(6) to monitor the operation of such programs, evaluate their effectiveness, and provide training and technical assistance tailored to the particular 

needs of such programs. 

(2) TRAINING AND TECHNICAL ASSISTANCE ACCOUNT.—

(A) IN GENERAL.—Of the amount made available to carry 

out this section for any fiscal year, not less than 5 percent 

and not more than 10 percent shall be reserved to fund a 

training and technical assistance account. 

(B) ACTIVITIES.—Funds in the account may be used by 

the Secretary for purposes including—

(i) making grants to, and entering into contracts 

with, organizations with specialized expertise relating 

to infants, toddlers, and families and the capacity 

needed to provide direction and support to a national 

training and technical assistance system, in order to 

provide such direction and support; 

(ii) providing ongoing training and technical assistance for regional and program staff charged with monitoring and overseeing the administration of the program carried out under this section; 

(iii) providing ongoing training and technical assistance for existing recipients (as of the date of such training or assistance) of grants under subsection (a) and 

support and program planning and implementation 

assistance for new recipients of such grants; 

(iv) providing professional development and personnel enhancement activities, including the provision 

of funds to recipients of grants under subsection (a) for 

the recruitment and retention of qualified staff with an 

appropriate level of education and experience; and 

(v) providing professional development designed to 

increase program participation for underserved populations of eligible children. 

(h) CENTER-BASED STAFF.—The Secretary shall ensure that, not 

later than September 30, 2009, all teachers providing direct services 

to children and families participating in early Head Start programs 

located in early Head Start centers have a minimum of a child development associate credential, and have been trained (or have 

equivalent course work) in early childhood development. 

(i) STAFF QUALIFICATIONS AND DEVELOPMENT.—

(1) HOME VISITOR STAFF STANDARDS.—In order to further enhance the quality of home visiting services provided to families 

of children participating in home-based, center-based, or combination program options under this subchapter, the Secretary 

shall establish standards for training, qualifications, and the 

conduct of home visits for home visitor staff in Early Head 

Start programs. 

(2) CONTENTS OF STANDARDS.—The standards for training, 

qualifications, and the conduct of home visits shall include content related to—

(A) structured child-focused home visiting that promotes 

parents’ ability to support the child’s cognitive, social, emotional, and physical development; 


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(B) effective strengths-based parent education, including 

methods to encourage parents as their child’s first teachers; 

(C) early childhood development with respect to children 

from birth through age 3; 

(D) methods to help parents promote emergent literacy in 

their children from birth through age 3; 

(E) ascertaining what health and developmental services 

the family receives and working with these providers to 

eliminate gaps in service by offering annual health, vision, 

hearing, and developmental screening for children from 

birth to entry into kindergarten, when needed; 

(F) strategies for helping families coping with crisis; and 

(G) the relationship of health and well-being of pregnant 

women to prenatal and early child development. 

SEC. 645B. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE 

SERVICES. 

(a) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘health care service’’ includes—

(A) any nonemergency intrusive physical examination; 

and 

(B) any screening, including but not limited to, a medical, dental, developmental, mental health, social, or behavioral screening. 

(2) The term ‘‘nonemergency intrusive physical examination’’

means, with respect to a child, a physical examination that—

(A) is not immediately necessary to protect the health or 

safety of such child, or the health or safety of another individual; and 

(B) includes incision or is otherwise invasive, or includes 

exposure of private body parts. 

(b) REQUIREMENT.—Before administering any health care service 

to a child (or referring a child to obtain such service) in connection 

with participation in a program under this subchapter, a Head 

Start agency and an entity that receives assistance under section 

645A shall obtain the written consent of a parent of such child indicating consent for each specific health care service to be performed. 

(c) RULE OF CONSTRUCTION.—

(1) Nothing in this section shall be construed to prohibit a 

Head Start agency or an entity that receives assistance under 

section 645A from using established methods for handling cases 

of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State, or tribal law. 

(2) Nothing in this subchapter shall be construed to permit 

a Head Start agency, an entity that receives assistance under 

section 645A, or the personnel of such agency or entity to administer any health care service to a child (or to refer a child 

to obtain such service) without the informed written consent of 

a parent of such child indicating consent for each specific 

health care service to be performed. 

(3) Nothing in this section shall be construed to require a 

Head Start agency or an entity that receives assistance under 

section 645A to provide separate consent forms for each specific 

health care service. 


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APPEALS, NOTICE, AND HEARING

SEC. 646. (a) The Secretary shall prescribe procedures to assure 

that—

(1) * * * 

* * * * * * * 

ø(3) financial assistance under this subchapter shall not be 

terminated or reduced, an application for refunding shall not 

be denied, and a suspension of financial assistance shall not be 

continued for longer than 30 days, unless the recipient has 

been afforded reasonable notice and opportunity for a full and 

fair hearing; and¿ 

(3) if financial assistance under this subchapter is terminated 

or reduced, an application for a noncompeting continuation 

award is denied based on a previous failure to comply with 

terms applicable to financial assistance previously provided 

under this subchapter, or suspension of financial assistance is 

continued for more than 30 days, the recipient with respect to 

whom such action is taken shall have the opportunity to appeal 

such action in accordance with such procedures, except that no 

funds made available under this subchapter may be used to reimburse any such recipient for legal fees and other costs incurred in pursuing such an appeal; and 

* * * * * * * 

RECORDS AND AUDITS

SEC. 647. (a) * * * 

* * * * * * * 

(d) Each recipient of financial assistance under this subchapter 

shall—

(1) maintain, and annually submit to the Secretary, a complete accounting of its administrative expenses (including a detailed statement identifying the amount of financial assistance 

provided under this subchapter used to pay expenses for salaries and compensation and the amount (if any) of other funds 

used to pay such expenses); 

(2) within 30 days after the completion of an audit conducted 

in the manner and to the extent provided in chapter 75 of title 

31, United States Code (commonly known as the ‘‘Single Audit 

Act Amendments of 1996’’), submit to the Secretary a copy of the 

audit management letter and of any audit findings as it relates 

to the Head Start program; and 

(3) provide such additional documentation as the Secretary 

may require. 

øTECHNICAL ASSISTANCE AND TRAINING

øSEC. 648. 

ø(a) The Secretary shall provide, directly or through grants or 

other arrangements (1) technical assistance to communities in developing, conducting, and administering programs under this subchapter; and (2) training for specialized or other personnel needed 

in connection with Head Start programs, in accordance with the 


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process, and the provisions for allocating resources, set forth in 

subsections (b) and (c). 

ø(b) The process for determining the technical assistance and 

training activities to be carried out under this section shall—

ø(1) ensure that the needs of local Head Start agencies and 

programs relating to improving program quality and to program expansion are addressed to the maximum extent feasible; 

ø(2) incorporate mechanisms to ensure responsiveness to 

local needs, including an ongoing procedure for obtaining input 

from the individuals and agencies carrying out Head Start programs; and 

ø(3) ensure the provision of technical assistance to assist 

Head Start agencies, entities carrying out other child care and 

early childhood programs, communities, and States in collaborative efforts to provide quality full-working-day, full calendar 

year services, including technical assistance related to identifying and assisting in resolving barriers to collaboration. 

ø(c) In allocating resources for technical assistance and training 

under this section, the Secretary shall—

ø(1) give priority consideration to—

ø(A) activities to correct program and management deficiencies identified through reviews carried out pursuant to 

section 641A(c) (including the provision of assistance to 

local programs in the development of quality improvement 

plans under section 641A(d)(2)); and 

ø(B) assisting Head Start agencies in—

ø(i) ensuring the school readiness of children; and 

ø(ii) meeting the educational performance measures 

described in section 641A(b)(4); 

ø(2) supplement amounts provided under section 

640(a)(3)(C)(ii) in order to address the training and career development needs of classroom staff (including instruction for 

providing services to children with disabilities) and nonclassroom staff, including home visitors and other staff working directly with families, including training relating to increasing 

parent involvement and services designed to increase family 

literacy and improve parenting skills; 

ø(3) assist Head Start agencies in the development of collaborative initiatives with States and other entities within the 

States, to foster effective early childhood professional development systems; 

ø(4) provide technical assistance and training, either directly 

or through a grant, contract, or cooperative agreement with an 

entity that has experience in the development and operation of 

successful family literacy services programs, for the purpose 

of—

ø(A) assisting Head Start agencies providing family literacy services, in order to improve the quality of such family literacy services; and 

ø(B) enabling those Head Start agencies that demonstrate effective provision of family literacy services, 

based on improved outcomes for children and their parents, to provide technical assistance and training to other 

Head Start agencies and to service providers that work in 


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collaboration with such agencies to provide family literacy 

services; 

ø(5) assist Head Start agencies and programs in conducting 

and participating in communitywide strategic planning and 

needs assessment; 

ø(6) assist Head Start agencies and programs in developing 

and implementing full-working-day and full-calendar-year programs where community need is clearly identified and making 

the transition to such programs, with particular attention to 

involving parents and programming for children throughout 

the day, and assist the agencies and programs in expediting 

the sharing of information about innovative models for providing full-working-day, full calendar year services for children; 

ø(7) assist Head Start agencies in better serving the needs 

of families with very young children; 

ø(8) assist Head Start agencies and programs in the development of sound management practices, including financial management procedures; 

ø(9) assist in efforts to secure and maintain adequate facilities for Head Start programs; 

ø(10) assist Head Start agencies in developing innovative 

program models, including mobile and home-based programs; 

and 

ø(11) provide support for Head Start agencies (including policy councils and policy committees, as defined in regulation) 

that meet the standards described in section 641A(a) but that 

have, as documented by the Secretary through reviews conducted pursuant to section 641A(c), significant programmatic, 

quality, and fiscal issues to address. 

ø(d) The Secretary may provide, either directly or through 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. Special consideration shall be given to 

entities that have demonstrated effectiveness in educational programming for preschool children that includes components for parental involvement, care provider training, and developmentally 

appropriate related activities. 

ø(e) The Secretary shall provide, either directly or through 

grants or other arrangements, funds from programs authorized 

under this subchapter 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, training for personnel providing services to non-English language background children (including services to promote the acquisition of the English 

language), training for personnel in helping children cope with 

community violence, and resource access projects for personnel 

working with disabled children.¿ 

SEC. 648. TECHNICAL ASSISTANCE AND TRAINING. 

(a) The Secretary shall provide, directly or through grants or 

other arrangements—


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(1) technical assistance to communities in developing, conducting, and administering programs under this subchapter; 

and 

(2) training for specialized or other personnel needed in connection with Head Start programs, in accordance with the process, and the provisions for allocating resources, set forth in subsections (b) and (c). 

(b) The process for determining the technical assistance and training activities to be carried out under this section shall—

(1) ensure that the needs of local Head Start agencies and 

programs relating to improving program quality and to program expansion are addressed to the maximum extent feasible; 

(2) incorporate mechanisms to ensure responsiveness to local 

needs, including an ongoing procedure for obtaining input from 

the individuals and agencies carrying out Head Start programs; and 

(3) ensure the provision of technical assistance to assist Head 

Start agencies, entities carrying out other child care and early 

childhood programs, communities, and States in collaborative 

efforts to provide quality full-working-day, full calendar year 

services, including technical assistance related to identifying 

and assisting in resolving barriers to collaboration. 

(c) In allocating resources for technical assistance and training 

under this section, the Secretary shall—

(1) give priority consideration to—

(A) activities to correct program and management deficiencies identified through reviews carried out pursuant to 

section 641A(c) (including the provision of assistance to 

local programs in the development of quality improvement 

plans under section 641A(d)(2)); and 

(B) assisting Head Start agencies in—

(i) ensuring the school readiness of children; and 

(ii) meeting the educational performance measures 

described in section 641A(b)(4); 

(2) supplement amounts provided under section 

640(a)(3)(C)(ii) in order to address the training and career development needs of classroom staff (including instruction for 

providing services to children with disabilities), and nonclassroom staff, including home visitors and other staff working directly with families, including training relating to increasing 

parent involvement and services designed to increase family literacy and improve parenting skills; 

(3) assist Head Start agencies in the development of collaborative initiatives with States and other entities within the 

States, to foster effective early childhood professional development systems; 

(4) provide technical assistance and training, either directly 

or through a grant, contract, or cooperative agreement with an 

entity that has experience in the development and operation of 

successful family literacy services programs, for the purpose 

of—

(A) assisting Head Start agencies providing family literacy services, in order to improve the quality of such family literacy services; and 


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(B) enabling those Head Start agencies that demonstrate 

effective provision of family literacy services, based on improved outcomes for children and their parents, to provide 

technical assistance and training to other Head Start agencies and to service providers that work in collaboration 

with such agencies to provide family literacy services; 

(5) assist Head Start agencies and programs in conducting 

and participating in community-wide strategic planning and 

needs assessment, including the needs of homeless children and 

their families; 

(6) assist Head Start agencies and programs in developing 

and implementing full-working-day and full-calendar-year programs where community need is clearly identified and making 

the transition to such programs, with particular attention to involving parents and programming for children throughout the 

day, and assist the agencies and programs in expediting the 

sharing of information about innovative models for providing 

full-working-day, full calendar year services for children; 

(7) assist Head Start agencies in better serving the needs of 

families with very young children; 

(8) assist Head Start agencies and programs in the development of sound management practices, including financial management procedures; 

(9) assist in efforts to secure and maintain adequate facilities 

for Head Start programs; 

(10) assist Head Start agencies in developing innovative program models, including mobile and home-based programs; 

(11) provide support for Head Start agencies (including policy 

councils and policy committees) that meet the standards described in section 641A(a) but that have, as documented by the 

Secretary through reviews conducted pursuant to section 

641A(c), significant programmatic, quality, and fiscal issues to 

address; 

(12) assist Head Start agencies and programs in increasing 

program participation of homeless children; 

(13) assist Head Start agencies and Head Start programs in 

improving outreach to, and the quality of services available to, 

limited English proficient children and their families, particularly in communities that have experienced a large percentage 

increase in the population of limited English proficient individuals, as measured by the Bureau of the Census; 

(14) assist Head Start agencies in developing appropriate 

methods and approaches for identifying and working with children and families experiencing toxic stress; 

(15) assist programs in improving outreach to serve additional children with disabilities, if such program’s enrollment 

opportunities or funded enrollment for children with disabilities 

is less than 10 percent; and 

(16) provide assistance to address and remove barriers related to recruitment and retention of Head Start teachers for 

rural communities, and remove barriers related to outreach efforts to eligible families in rural communities. 

(d) The Secretary may provide, either directly or through grants 

to public or private nonprofit entities, training for Head Start personnel in the use of the performing and visual arts and interactive 


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programs using electronic media to enhance the learning experience 

of Head Start children. Special consideration shall be given to entities that have demonstrated effectiveness in educational programming for preschool children that includes components for parental 

involvement, care provider training, and developmentally appropriate related activities. 

(e) The Secretary shall provide, either directly or through grants 

or other arrangements, funds from programs authorized under this 

subchapter 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, training for personnel providing 

services to limited English proficient children (including services to 

promote the acquisition of the English language), training for personnel providing services to children determined to be abused or neglected, training for personnel providing services to children referred by or receiving child welfare services, training for personnel 

in helping children cope with community violence, resource access 

projects for personnel working with disabled children, and training 

for appropriate personnel to recognize common health, including 

mental health, problems in children for appropriate referral. 

(f) The Secretary shall provide, either directly or through grants, 

or other arrangements, funds for training of Head Start personnel 

in addressing the unique needs of migrant and seasonal working 

families, families with 1 or more children with disabilities, families 

with a limited English proficiency, homeless families, and children 

and families experiencing toxic stress. 

(g) More than 50 percent of funds expended under this section 

shall be used to provide high quality, sustained, intensive, and 

classroom-focused training and technical assistance in order to have 

a positive and lasting impact on classroom instruction. Funds shall 

be used to carry out activities related to any or all of the following: 

(1) Education and early childhood development. 

(2) Child health, nutrition, and safety. 

(3) Family and community partnerships and services. 

(4) Other areas that impact the quality or overall effectiveness 

of Head Start programs. 

(h) The Secretary shall develop and implement a program of outreach 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 backgrounds. 

(i) Funds under this subchapter used for training shall be used 

for needs identified annually by a grant applicant or delegate agency in their program improvement plan, except that funds shall not 

be used for long-distance travel expenses for training activities 

available locally or regionally or for training activities substantially 

similar to locally or regionally available training activities. 

(j) Funds made available under section 640(a)(2)(C)(i) shall be 

used by a Head Start agency for any of the following: 

(1) Activities that ensure that Head Start programs meet or 

exceed the program performance standards described in section 

641A(a)(1). 

(2) Activities that ensure that Head Start programs have adequate numbers of trained, qualified staff who have skills in 


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working with children and families, including children and 

families who are limited English proficient and children with 

disabilities. 

(3) Activities to pay expenses, including direct training for expert consultants working with any staff, to improve the management and implementation of Head Start services and systems. 

(4) Activities that help ensure that Head Start programs have 

qualified staff who can promote language skills and literacy 

growth of children and who can provide children with a variety 

of skills that have been identified as predictive of later reading 

achievement, school success, and the skills, knowledge, abilities, 

development, and progress described in section 

641A(a)(1)(B)(ii). 

(5) Activities to improve staff qualifications and to assist with 

the implementation of career development programs and to encourage the staff to continually improve their skills and expertise, including developing partnerships with programs that recruit, train, place, and support college students in Head Start 

centers to deliver an innovative early learning program to preschool children. 

(6) Activities that help local programs ensure that the arrangement, condition, and implementation of the learning environments in Head Start programs are conducive to providing 

effective program services to children and families. 

(7) Activities to provide training necessary to improve the 

qualifications of Head Start staff and to support staff training, 

child counseling, health services, and other services necessary to 

address the needs of children enrolled in Head Start programs, 

including children from families in crises, children who experience chronic violence or homelessness, children who experience 

substance abuse in their families, and children under 3 years 

of age, where applicable. 

(8) Activities to provide classes or in-service-type programs to 

improve or enhance parenting skills, job skills, adult and family literacy, including financial literacy, or training to become 

a classroom aide or bus driver in a Head Start program. 

(9) Additional activities deemed appropriate to the improvement of Head Start agencies’ programs, as determined by the 

agencies’ technical assistance and training plans. 

(10) Any other activities regarding the use of funds as determined by the Secretary. 

(k) The Secretary shall—

(1) work in collaboration with the Head Start agencies that 

carry out Indian Head Start programs, the Indian Head Start 

collaboration director, and other appropriate entities, including 

tribal governments and the National Indian Head Start Directors Association—

(A) to undertake a study or set of studies designed to 

focus on the American Indian and Alaska Native Head 

Start-eligible population, with a focus on issues such as 

curriculum development, availability and need for services, 

appropriate research methodologies and measures for these 

populations, and best practices for teaching and educating 

American Indian and Alaska Native Head Start Children; 


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(B) to accurately determine the number of children nationwide who are eligible to participate in Indian Head 

Start programs each year; 

(C) to document how many of these children are receiving 

Head Start services each year; 

(D) to the extent practicable, to ensure that access to Indian Head Start programs for eligible children is comparable to access to other Head Start programs for other eligible children; and 

(E) to make the funding decisions required in section 

640(a)(2)(A)(iii), after completion of the studies required in 

that section, taking into account: 

(i) the Federal government’s unique trust responsibility to American Indians and Alaska Natives; 

(ii) limitations faced by tribal communities in accessing non-Federal sources of funding to supplement Federal funding for early childhood programs; and 

(iii) other factors that uniquely and adversely impact 

children in American Indian and Alaska Native communities such as highly elevated poverty, unemployment and violent crime rates, as well as depressed levels of educational achievement and limited access to 

non-Federal health, social and educational resources; 

(2) in carrying out paragraph (1), consult with the Secretary 

of Education about the Department of Education’s systems for 

collecting and reporting data about, and maintaining records 

on, American Indian and Alaska Native students; 

(3) not later than 9 months after the effective date of this subsection, publish in the Federal Register a notice of how the Secretary plans to carry out paragraph (1) and shall provide a period for public comment. To the extent practicable, the Secretary 

shall consider comments received before submitting a report to 

the Congress; 

(4) not later than 1 year after the effective date of this subsection, submit a report to the Committee on Education and 

Labor of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the Senate, detailing 

how the Department of Health and Human Services plans to 

carry out paragraph (1); 

(5) through regulation, ensure the confidentiality of any personally identifiable data, information, and records collected or 

maintained by the Secretary, by Head Start agencies that carry 

out Indian Head Start programs, and by State Directors of 

Head Start Collaboration, by the Indian Head Start Collaboration Project Director and by other appropriate entities pursuant 

to this subsection (Such regulations shall provide the policies, 

protections, and rights equivalent to those provided a parent, 

student, or educational agency or institution under section 444 

of the General Education Provisions Act.); and 

(6) ensure that nothing in this subsection shall be construed 

to authorize the development of a nationwide database of personally identifiable information on individuals involved in 

studies or other collections of data under this subsection. 

(l) The Secretary shall—


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(1) in order to increase access to Head Start services for eligible migrant and seasonal children, work in collaboration with 

migrant and seasonal Head Start providers, the Department of 

Agriculture (land grant universities), the Department of Labor, 

the Bureau of Migrant Health, and the Department of Education to—

(A) establish a system for collecting and reporting data 

on farm workers and their families in order to adequately 

account for the number of seasonal and migrant children 

that are eligible for Head Start and determine how many 

of these eligible children receive services; 

(B) identify barriers that prevent eligible migrant and 

seasonal children from accessing Head Start services and 

develop a plan for eliminating barriers and increasing enrollment; and 

(C) develop a system through which migrant and seasonal Head Start programs can effectively track health 

records and educational documents as a child moves from 

state to state; 

(2) not later than 6 months after the effective date of this subsection, publish in the Federal Register a notice on how the Secretary plans to carry out the activities identified in paragraph 

(1) and shall provide a period for public comment. To the extent 

practicable, the Secretary shall consider comments received before implementing any of the activities identified in paragraph 

(1); 

(3) not later than 1 year after the effective date of this subsection, submit a report to the Committee on Education and 

Labor of the House of Representatives and the Health, Education, Labor and Pensions Committee of the Senate detailing 

how the Secretary plans to carry out the activities identified in 

(1); 

(4) submit a report to Congress annually on the migrant and 

seasonal Head Start program including a report on the 

progress made in carrying out the activities identified in paragraph (1), the progress made in reaching out to and serving eligible migrant and seasonal children, and information on states 

where migrant and seasonal children are still underserved; 

(5) through regulation, ensure the protection of the confidentiality of any personally identifiable data, information, and 

records collected or maintained by the Secretary, by Head Start 

agencies that carry out migrant and seasonal Head Start programs, by the State director of Head Start Collaboration, by the 

Migrant and Seasonal Farmworker Collaboration project Director (Such regulations shall provide the policies, protections, and 

rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General 

Education Provisions Act.); and 

(6) ensure that nothing in this subsection shall be construed 

to authorize the development of a nationwide database of personally identifiable information on individuals involved in 

studies or other collections of data under this subsection. 

(m) For purposes of this section, the term ‘‘eligible entities’’ means 

an institution of higher education or other entity with expertise in 

delivering training in early childhood development, family support, 


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and other assistance designed to improve the delivery of Head Start 

services. 

(n) For the purposes of delivering a State-based training and technical assistance system, as described in section 640(a)(C)(ii), that 

will meet the needs of local grantees and provide high quality, sustained, and intensive training and technical assistance to Head 

Start programs in order to help them meet or exceed the program 

performance standards described in section 641A(a)(1), the Secretary shall— (1) enter into contracts in each State with 1 or more entities 

who have a demonstrated expertise in supporting the delivery of 

high quality early education programs, except that bi-State contracts may be entered in to if the demographics of proximal 

States make such a system more appropriate; 

(2) ensure that the entities described in subparagraph (1) determine the types of services to be provided through consultation 

with—

(A) local Head Start agencies; 

(B) the State Head Start collaboration office; and 

(C) the State Head Start Association; 

(3) provide a report, to the Committee on Education and 

Labor of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the Senate. no later 

than 90 days after the end of the fiscal year, summarizing the 

funding for such contracts and the activities carried out thereunder; and 

(4) periodically evaluate the usefulness of the delivery of services in each State and their effectiveness in promoting program 

quality. 

(o) To support enhanced early language and preliteracy development of children in Head Start programs, and to provide the children with high-quality oral language skills, and environments that 

are rich in literature, in which to acquire language and preliteracy 

skills, each Head Start agency shall ensure that—

(1) all of the agency’s Head Start teachers receive ongoing training in language and emergent literacy (referred to in this subsection 

as ‘‘literacy training’’), and including appropriate curricula and assessment to improve instruction and learning; 

(2) such literacy training shall include training in methods to 

promote vocabulary development and phonological awareness (including phonemic awareness) in a developmentally, culturally, and 

linguistically appropriate manner and support children’s development in their home language; 

(3) the literacy training shall include training in how to work 

with parents to enhance positive language and early literacy development at home; 

(4) the literacy training shall include specific methods to best address the needs of children who are limited English proficient; and 

(5) the literacy training shall include training on how to best address the language and literacy needs of children with disabilities, 

including training on how to work with specialists in language development. 

(p) The Secretary is encouraged to contract, on a competitive 

basis, with an institution of higher education (as defined in section 

102 of the Higher Education Act of 1965) to develop an on-line 


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graduate-level professional development program with the goal of 

improving the leadership of those working in Head Start programs 

and improving teacher quality and the capacity of effective Head 

Start teachers. 

(q) INDOOR AIR QUALITY.—The Secretary shall consult with experts on issues of air quality related to children’s health and inform 

Head Start agencies of existing programs or combination of programs that provide methods for improving indoor air quality. 

(r) DEMONSTRATION FOR CAREER LADDER PARTNERSHIPS WITH

TRIBAL COLLEGES AND HISPANIC-SERVING INSTITUTIONS.—

(1) TRIBAL COLLEGE CAREER LADDER DEMONSTRATION PROGRAM.—The Secretary is authorized to award demonstration 

grants, for periods of not less than 5 years, to tribal colleges 

and universities to—

(A) implement education programs that include education concerning tribal culture and language and increase 

the number of associate, baccalaureate, and graduate degrees in early childhood and related fields that are earned 

by Indian Head Start agency staff members, parents of 

children served by such an agency, and members of the 

tribal community involved; 

(B) develop and implement the programs under subparagraph (A) in technology-mediated formats, including providing the programs through such means as distance learning and use of advanced technology, as appropriate; and 

(C) provide technology literacy programs for Indian Head 

Start agency staff members and children and families of 

children served by such an agency. 

(2) HISPANIC-SERVING INSTITUTIONS CAREER LADDER DEMONSTRATION PROGRAM.—The Secretary is authorized to award 

demonstration grants, for periods of not less than 5 years, to 

Hispanic-serving institutions to—

(A) provide assistance for stipends and costs related to 

tuition, fees, and books for enrolling Head Start agency 

staff members and parents of children served by such an 

agency in courses required to complete the degree and certification requirements to become bilingual teachers in 

early childhood education and related fields; 

(B) develop career ladder program curricula to increase 

the number of associate’s, bachelor’s, and graduate degrees 

earned by Head Start agency staff who have the linguistic 

skills and expertise to teach in programs serving a large 

number of limited English proficient children and parents 

of children served by such an agency; and 

(C) other activities to upgrade the skills and qualifications of noncertified educational personnel to meet the professional standards in section 648A(a)(1), including certification and licensure as bilingual education teachers and 

other educational personnel who serve limited English proficient children. 

(3) REQUIREMENT.—Individuals who receive assistance under 

paragraphs (1) and (2) shall subsequently teach in a Head 

Start center for a period of time equivalent to the period for 

which they received assistance or repay the amount of funds. 


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SEC. 648A. STAFF QUALIFICATIONS AND DEVELOPMENT. 

ø(a) CLASSROOM TEACHERS.—

ø(1) PROFESSIONAL REQUIREMENTS.—The Secretary shall ensure that each Head Start classroom in a center-based program 

is assigned one teacher who has demonstrated competency to 

perform functions that include—

ø(A) planning and implementing learning experiences 

that advance the intellectual and physical development of 

children, including improving the readiness of children for 

school by developing their literacy and phonemic, print, 

and numeracy awareness, their understanding and use of 

language, their understanding and use of increasingly 

complex and varied vocabulary, their appreciation of 

books, and their problem solving abilities; 

ø(B) establishing and maintaining a safe, healthy learning environment; 

ø(C) supporting the social and emotional development of 

children; and 

ø(D) encouraging the involvement of the families of the 

children in a Head Start program and supporting the development of relationships between children and their families. 

ø(2) DEGREE REQUIREMENTS.—

ø(A) IN GENERAL.—The Secretary shall ensure that not 

later than September 30, 2003, at least 50 percent of all 

Head Start teachers nationwide in center-based programs 

have—

ø(i) an associate, baccalaureate, or advanced degree 

in early childhood education; or 

ø(ii) an associate, baccalaureate, or advanced degree 

in a field related to early childhood education, with experience in teaching preschool children. 

ø(B) PROGRESS.—The Secretary shall require Head Start 

agencies to demonstrate continuing progress each year to 

reach the result described in subparagraph (A).¿ 

(a) CLASSROOM TEACHERS.—

(1) PROFESSIONAL REQUIREMENTS.—The Secretary shall ensure that each Head Start classroom in a center-based program 

is assigned 1 teacher who has demonstrated competency to perform functions that include—

(A) planning and implementing learning experiences that 

advance the intellectual and physical development of children, including improving the readiness of children for 

school by developing their literacy, phonemic, and print 

awareness, their understanding and use of language, their 

understanding and use of increasingly complex and varied 

vocabulary, their appreciation of books, their understanding of early math and early science, their problem 

solving abilities, and their approaches to learning; 

(B) establishing and maintaining a safe, healthy learning 

environment; 

(C) supporting the social and emotional development of 

children; and 

(D) encouraging the involvement of the families of the 

children in a Head Start program and supporting the deVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00163 Fmt 6659 Sfmt 6603 E:\HR\OC\HR067.XXX HR067

hmoore on PROD1PC68 with HMRPT
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velopment of relationships between children and their families. 

(2) DEGREE REQUIREMENTS.— (A) IN GENERAL.—The Secretary shall ensure that not 

later than September 30, 2013, at least 50 percent of all 

Head Start teachers nationwide in center-based programs 

have—

(i) a baccalaureate, or advanced degree in early 

childhood education; 

(ii) a baccalaureate or advanced degree in a field related to early childhood education, with experience in 

teaching preschool children; or 

(iii) except that teachers providing services in migrant and seasonal Head Start classrooms that serve 

children under age 3 shall be required to meet the 

teacher requirements described in section 645A(h). 

(B) PROGRESS REPORT.—

(i) On an annual basis, each Head Start agency 

shall provide to the Secretary a report indicating the 

number and percentage of classroom instructors with 

child development/ early childhood education associate 

credentials and associate, baccalaureate, or advanced 

degrees, and number of classroom instructors who successfully transferred associate credit and completed a 

baccalaureate degree disaggregated by race, ethnicity, 

and proficiency in a language other than English, with 

a description of those languages. 

(ii) Not later than September 30, 2008 the Secretary 

shall compile and transmit reports received under (i) to 

the Committee on Education and Labor of the House of 

Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 

(C) PROGRESS.—Each Head Start agency shall provide to 

the Secretary a report indicating the number and percentage of teachers and teacher’s aides with child development 

associate credentials and associate, baccalaureate, or advanced degrees. The Secretary shall compile all program reports and make them available to the Committee on Education and Labor of the House of Representatives and the 

Committee on Health, Education, Labor, and Pensions of 

the Senate. 

(D) REQUIREMENT FOR NEW HEAD START TEACHERS.—In 

accordance with rules issued by the Secretary and made effective 2 years after the effective date of this subparagraph, 

all Head Start agencies shall require that all Head Start 

teachers hired after such rules take effect to provide Head 

Start services in center-based programs—

(i) have an associate, baccalaureate, or advanced degree in early childhood education or a related field; or 

(ii) be currently enrolled in a program of study leading to an associate degree in early childhood education 

or a related field, and agree to complete degree requirements not later than 3 years after the date of hire. 

(E) SERVICE REQUIREMENTS.—The Secretary shall establish requirements to ensure that individuals who receive fiVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00164 Fmt 6659 Sfmt 6603 E:\HR\OC\HR067.XXX HR067

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nancial assistance under this subchapter in order to comply 

with the requirements under section 648A(a)(2) shall subsequently teach in a Head Start center for a period of time 

equivalent to the period for which they received assistance 

or repay the amount of the funds. 

(F) LIMITATION.—The Secretary shall require that any 

Federal funds provided directly or indirectly to comply with 

subparagraph (A) shall be used toward degrees awarded by 

an institution of higher education, as defined by sections 

101 or 102 of the Higher Education Act (20 U.S.C. 1001, 

1002). 

(3) ALTERNATIVE CREDENTIALING REQUIREMENTS.—The Secretary shall ensure that, for center-based programs, each Head 

Start classroom that does not have a teacher that meets the requirements of clause (i) or (ii) of paragraph (2)(A) is assigned 

one teacher who has— (A) * * * 

(B) a State-awarded certificate for preschool teachers 

that meets or exceeds the requirements for a child development associate credential; øor¿ 

(C) a degree in a field related to early childhood education with experience in teaching preschool children and 

a State-awarded certificate to teach in a preschool 

programø.¿; or 

(D) a baccalaureate and has been admitted into the 

Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in 

a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For 

America’s professional staff. 

* * * * * * * 

ø(b) MENTOR TEACHERS.— ø(1) DEFINITION; FUNCTION.—For purposes of this subsection, 

the term ‘‘mentor teacher’’ means an individual responsible for 

observing and assessing the classroom activities of a Head 

Start program and providing on-the-job guidance and training 

to the Head Start program staff and volunteers, in order to improve the qualifications and training of classroom staff, to 

maintain high quality education services, and to promote career development, in Head Start programs. 

ø(2) REQUIREMENT.—In order to assist Head Start agencies 

in establishing positions for mentor teachers, the Secretary 

shall—

ø(A) provide technical assistance and training to enable 

Head Start agencies to establish such positions; 

ø(B) give priority consideration, in providing assistance 

pursuant to subparagraph (A), to Head Start programs 

that have substantial numbers of new classroom staff or 

that are experiencing difficulty in meeting applicable education standards; 

ø(C) encourage Head Start programs to give priority consideration for such positions to Head Start teachers at the 

appropriate level of career advancement in such programs; 

and 


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ø(D) promote the development of model curricula, designed to ensure the attainment of appropriate competencies of mentor teachers in Head Start programs.¿ 

(c) FAMILY SERVICE WORKERS.—To improve the quality and effectiveness of staff providing in-home and other services (including 

needs assessment, development of service plans, family advocacy, 

and coordination of service delivery) to families of children participating in Head Start programs, the Secretary, in coordination with 

concerned public and private agencies and organizations examining 

the issues of standards and training for family service workers, 

shall—

(1) review and, as necessary, revise or develop new qualification standards for Head Start staff providing such services; 

(2) review, and as necessary, revise or develop maximum caseload requirements, as suggested by best practices; 

(3) promote the development of model curricula (on subjects 

including parenting training and family literacy) designed to 

ensure the attainment of appropriate competencies by individuals working or planning to work in the field of early childhood 

and family services; and 

(4) promote the establishment of a credential that indicates 

attainment of the competencies and that is accepted nationwide. 

* * * * * * * 

(f) PROFESSIONAL DEVELOPMENT PLANS.—Each Head Start agency and program shall create, in consultation with an employee, a 

professional development plan for all full-time Head Start employees who provide direct services to children and shall ensure that 

such plans are regularly evaluated for their impact on teacher and 

staff effectiveness. 

SEC. 649. RESEARCH, DEMONSTRATIONS, AND EVALUATION. 

(a) IN GENERAL.—

(1) REQUIREMENT; GENERAL PURPOSES.—The Secretary shall 

carry out a continuing program of research, demonstration, 

and evaluation activities, in order to—

(A) * * * 

ø(B) use the Head Start programs to develop, test, and 

disseminate new ideas and approaches for addressing the 

needs of low-income preschool children (including children 

with disabilities) and their families and communities (including demonstrations of innovative noncenter-based program models such as home-based and mobile programs), 

and otherwise to further the purposes of this subchapter.¿ 

(B) use the Head Start programs to develop, test, and disseminate new ideas and based on existing scientifically 

based research, for addressing the needs of low-income preschool children (including children with disabilities, homeless children, children who have been abused or neglected, 

and children in foster care) and their families and communities (including demonstrations of innovative non-centerbased program models such as home-based and mobile programs), and otherwise to further the purposes of this subchapter. 

* * * * * * * 


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(d) SPECIFIC OBJECTIVES.—The research, demonstration, and 

evaluation activities under this subchapter shall include components designed to— (1) * * * 

* * * * * * * 

(7) provide for disseminating and promoting the use of the 

findings from such research, demonstration, and evaluation activities; and 

(8) promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this subchapterø;¿. ø(9) study the experiences of small, medium, and large 

States with Head Start programs in order to permit comparisons of children participating in the programs with eligible 

children who did not participate in the programs, which 

study—

ø(A) may include the use of a data set that existed prior 

to the initiation of the study; and 

ø(B) shall compare the educational achievement, social 

adaptation, and health status of the participating children 

and the eligible nonparticipating children; and 

ø(10) provide for— ø(A) using the Survey of Income and Program Participation to conduct an analysis of the different income levels 

of Head Start participants compared to comparable persons who did not attend Head Start programs; 

ø(B) using the National Longitudinal Survey of Youth, 

which began gathering data in 1988 on children who attended Head Start programs, to examine the wide range of 

outcomes measured within the Survey, including outcomes 

related to cognitive, socio-emotional, behavioral, and academic development; 

ø(C) using the Survey of Program Dynamics, the new 

longitudinal survey required by section 414 of the Social 

Security Act (42 U.S.C. 614), to begin annual reporting, 

through the duration of the Survey, on Head Start program attendees’ academic readiness performance and improvements; 

ø(D) ensuring that the Survey of Program Dynamics is 

linked with the National Longitudinal Survey of Youth at 

least once by the use of a common performance test, to be 

determined by the expert panel, for the greater national 

usefulness of the National Longitudinal Survey of Youth 

database; and 

ø(E) disseminating the results of the analysis, examination, reporting, and linkage described in subparagraphs (A) 

through (D) to persons conducting other studies under this 

subchapter. 

øThe Secretary shall ensure that an appropriate entity carries out 

a study described in paragraph (9), and prepares and submits to 

the appropriate committees of Congress a report containing the results of the study, not later than September 30, 2002.¿ 

* * * * * * * 

(g) NATIONAL HEAD START IMPACT RESEARCH.—


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(1) EXPERT PANEL.—

(A) IN GENERAL.—The Secretary shall appoint an independent panel consisting of experts in program evaluation 

and research, education, and early childhood programs—

ø(i) to review, and make recommendations on, the 

design and plan for the research (whether conducted 

as a single assessment or as a series of assessments) 

described in paragraph (2), within 1 year after the 

date of enactment of the Coats Human Services Reauthorization Act of 1998;¿ 

ø(ii)¿ (i) to maintain and advise the Secretary regarding the progress of the research; and 

ø(iii)¿ (ii) to comment, if the panel so desires, on the 

interim and final research reports submitted under 

paragraph (7). 

* * * * * * * 

(7) REPORTS.—

(A) * * * 

* * * * * * * 

ø(C) TRANSMITTAL OF REPORTS TO CONGRESS.—

ø(i) IN GENERAL.—The Secretary shall transmit, to 

the committees described in clause (ii), the first interim report by September 30, 1999, the second interim report by September 30, 2001, and the final report by September 30, 2003. 

ø(ii) COMMITTEES.—The committees referred to in 

clause (i) are the Committee on Education and the 

Workforce of the House of Representatives and the 

Committee on Labor and Human Resources of the 

Senate.¿ 

(C) TRANSMITTAL OF REPORT TO CONGRESS.—Not later 

than September 30, 2009, the Secretary shall transmit the 

final report to the Committee on Education and Labor of 

the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate. 

* * * * * * * 

ø(h) QUALITY IMPROVEMENT STUDY.—

ø(1) STUDY.—The Secretary shall conduct a study regarding 

the use and effects of use of the quality improvement funds 

made available under section 640(a)(3) since fiscal year 1991. 

ø(2) REPORT.—The Secretary shall prepare and submit to 

Congress not later than September 2000 a report containing 

the results of the study, including information on—

ø(A) the types of activities funded with the quality improvement funds; 

ø(B) the extent to which the use of the quality improvement funds has accomplished the goals of section 

640(a)(3)(B); 

ø(C) the effect of use of the quality improvement funds 

on teacher training, salaries, benefits, recruitment, and retention; and 


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ø(D) the effect of use of the quality improvement funds 

on the development of children receiving services under 

this subchapter.¿ 

(h) LIMITED ENGLISH PROFICIENT CHILDREN.—

(1) STUDY.—Not later than 1 year after the date of enactment 

of the Improving Head Start Act of 2007, the Secretary shall 

conduct a study on the status of limited English proficient children and their families in participating Head Start programs 

and Early Head Start programs. 

(2) REPORT.—The Secretary shall prepare and submit to Congress, not later than September 2008, a report containing the 

results of such study, including information on—

(A)(i) the demographics of limited English proficient children less than 5 years of age and the geographical distribution of such children; and 

(ii) the number of such children receiving Head Start 

services and the number of such children receiving Early 

Head Start services, and the geographical distribution of 

such children receiving such services; 

(B) the nature of the Head Start services and of the Early 

Head Start services provided to limited English proficient 

children and their families, including the types, content, 

duration, intensity, and costs of family services, language 

assistance, and educational services; 

(C) procedures in Head Start programs for assessing language needs and for making the transition of limited 

English proficient children to kindergarten, including the 

extent to which Head Start programs meet the requirements 

of section 642A for limited English proficient children; 

(D) the qualifications and training provided to Head 

Start teachers and Early Head Start teachers who serve 

limited English proficient children and their families; 

(E) the home languages of Head Start and Early Head 

Start teachers; 

(F) the rate of progress made by limited English proficient children and their families in Head Start programs 

and in Early Head Start programs, including—

(i) the rate of progress made by limited English proficient children toward meeting the additional educational standards described in section 

641A(a)(1)(B)(ii) while enrolled in Head Start programs; 

(ii) the correlation between such progress and the 

type and quality of instruction and educational programs provided to limited English proficient children; 

and 

(iii) the correlation between such progress and the 

health and family services provided by Head Start programs to limited English proficient children and their 

families; and 

(G) the extent to which Head Start programs make use 

of funds under section 640(a)(3) to improve the quality of 

Head Start services provided to limited English proficient 

children and their families. 


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(i) CHILDREN, FAMILIES, AND PROGRAMS AFFECTED BY HURRI- CANES KATRINA AND RITA.— (1) PURPOSE.—The purpose of this subsection is to evaluate 

the status of Head Start and Early Head Start programs affected by Hurricanes Katrina and Rita as well as the challenges 

those programs have faced in reestablishing themselves and reenrolling eligible children and families, with the ultimate goal 

of providing all Head Start and Early Head Start programs 

with recommendations for developing and implementing disaster plans. 

(2) DEFINITION.—The term ‘‘areas affected by Hurricanes 

Katrina and Rita’’ means any parish or county for which it was 

determined that assistance was warranted from the Federal 

Government under the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result 

of Hurricanes Katrina and Rita. 

(3) STUDY.—The Secretary shall conduct a study on the status of children and families participating in Head Start and 

Early Head Start programs in areas affected by Hurricanes 

Katrina and Rita. 

(4) REPORT.—Not later than 1 year after the date of the enactment of the Improving Head Start Act of 2007, the Secretary 

shall prepare and submit to Congress a report containing the 

results of such study, including 

(A) information on the population served, including— (i) the number of children and families participating 

in Head Start and Early Head Start programs in 

areas affected by Hurricanes Katrina and Rita before 

and after Hurricanes Katrina and Rita; 

(ii) the demographics of such children and families; 

and 

(iii) the geographical distribution of such children 

and families; 

(B) information on staff and programs, including—

(i) the number and geographic distribution of staff 

serving Head Start and Early Head Start children and 

families from areas affected by Hurricanes Katrina 

and Rita; 

(ii) the current status, including employment status 

and geographic location, of Head Start and Early 

Head Start staff serving in areas affected by Hurricanes Katrina and Rita prior to Hurricanes Katrina 

and Rita; and 

(iii) the response and recovery efforts of Head Start 

and Early Head Start staff serving in areas affected by 

Hurricanes Katrina and Rita 

(C) information on facilities, including—

(i) the number of Head Start and Early Head Start 

facilities operating prior to Hurricanes Katrina and 

Rita in areas affected by Hurricanes Katrina and Rita; 

(ii) the current status of each such facility; and 

(iii) information on any new Head Start or Early 

Head Start facility that has opened in areas affected by 

Hurricanes Katrina and Rita or that serves children 

and families who lived in areas affected by Hurricanes 


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Katrina and Rita at the time of Hurricanes Katrina 

and Rita; 

(D) information on coordination with the Federal Emergency Management Agency (FEMA) in areas affected by 

Hurricanes Katrina and Rita, including— (i) areas of success that Head Start agencies and programs had in working with FEMA; 

(ii) challenges that Head Start agencies and programs had in working with FEMA; and 

(iii) the number of Head Start families that received 

individualized assistance (as defined under the Robert 

T. Stafford Disaster Relief and Emergency Act) and the 

types of assistance received by such families. 

(E) challenges that were faced by Head Start and Early 

Head Start programs and families in areas affected by 

Hurricanes Katrina and Rita including— (i) the availability of Head Start services for families 

displaced during the period of transition; 

(ii) identification of and outreach to families displaced by the Hurricanes Katrina and Rita; and 

(iii) the extent to which non-Federal disaster assistance was available to Head Start agencies and programs, and coordination of such services with non-Federal disaster assistance resources. 

(5) DISASTER PLAN PREPAREDNESS.—Not later than 1 year 

after the date of the enactment of Improving Head Start Act of 

2007, the Secretary shall prepare and submit to Congress, Head 

Start disaster plan recommendations based upon the report initiated in paragraph (4), including recommendations for prevention, preparedness, response, and recovery, that can be used to 

advise Head Start and Early Head Start programs in the development and implementation of disaster plans. 

SEC. 650. REPORTS. 

(a) STATUS OF CHILDREN.—At least once during every 2-year period, the Secretary shall prepare and submit, to the øCommittee on 

Education and the Workforce of the House of Representatives and 

the Committee on Labor and Human Resources of the Senate¿ 

Committee on Education and Labor of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions of 

the Senate, a report concerning the status of children (including 

disabled øand non-English language background children¿ children, homeless children, children in foster care, and limited English 

proficient children) in Head Start programs, including the number 

of children and the services being provided to such children. Such 

report shall include—

(1) * * * 

* * * * * * * 

(8) information concerning children participating in programs that receive Head Start funding, including information 

on family income, racial and ethnic background, homelessness, 

whether the child is in foster care or was referred by a child 

welfare agency, disability, and receipt of benefits under part A 

of title IV of the Social Security Act; 

* * * * * * * 


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Promptly after submitting such report to the øCommittee on Education and the Workforce of the House of Representatives and the 

Committee on Labor and Human Resources of the Senate¿ Committee on Education and Labor of the House of Representatives and 

the Committee on Health, Education, Labor, and Pensions of the 

Senate, the Secretary shall publish in the Federal Register a notice 

indicating that such report is available to the public and specifying 

how such report may be obtained. 

* * * * * * * 

(c) SET-ASIDE ACTIVITIES.—Not later than 60 days after the end 

of each fiscal year, the Secretary shall submit to the Committee on 

Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a 

report detailing the different amounts of expenditures under section 

640(a)(2) and the activities carried out thereunder. 

(d) FISCAL PROTOCOL.—The Secretary shall conduct an annual 

review to assess whether the design and implementation of the triennial reviews described in section 641A(c) include compliance procedures that provide reasonable assurance that Head Start agencies 

are complying with applicable fiscal laws and regulations. The Secretary shall report the findings and conclusions of the annual review to the House Committee on Education and Labor, and the Senate Committee on Health, Education, Labor and Pensions within 30 

days of completing the review. 

(e) USE OF INDIVIDUALIZED EDUCATION PLANS.—The Secretary 

shall track the use of Head Start Individualized Education Plans 

by Head Start agencies in order to evaluate the reasons why Head 

Start agencies are opting not to use Individualized Education Plans 

for children with disabilities (as specified in the Individuals With 

Disabilities Education Act (20 U.S.C. 1414(d)), whether Head Start 

Individualized Education Plans are used to provide services prior to 

the development of an Individualized Education Plan, as required 

under the Individuals With Disabilities Education Act, and the 

length of time programs use Head Start Individualized Education 

Plans before an Individualized Education Plan as required under 

Individuals With Disabilities Education Act is developed. The Secretary shall provide a report to the Committee on Education and 

Labor of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate, not later than 1 year 

after the date of the enactment of the Improving Head Start Act of 

2007. 

(f) EVALUATION AND RECOMMENDATIONS REGARDING OBESITY

PREVENTION.—The Secretary shall evaluate and publish regulations 

on the issue of and concerns related to preventing and reducing obesity in children who participate in Head Start programs and shall 

consult, at a minimum, with experts in child and maternal health, 

child development, child and family nutrition and physical education, to determine the effective methods by which Head Start 

agencies can help address childhood obesity. The regulations should 

include guidance on how Head Start agencies can incorporate, at a 

minimum, more physical activity and nutrition education into such 

programs related to preventing and reducing obesity. Not later than 

1 year after the effective date of this subsection, the Secretary shall 

submit to the House Committee on Education and Labor and the 

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port containing such recommendations and the results of such evaluation. 

* * * * * * * 

øCOMPARABILITY OF WAGES

øSEC. 653. The Secretary shall take such action as may be necessary to assure that persons employed in carrying out programs 

financed under this subchapter shall not receive compensation at 

a rate which is (1) in excess of the average rate of compensation 

paid in the area where the program is carried out to a substantial 

number of the persons providing substantially comparable services, 

or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable 

services in the area of the person’s immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate 

prescribed in section 6(a)(1) of the Fair Labor Standards Act of 

1938. The Secretary shall encourage Head Start agencies to provide 

compensation according to salary scales that are based on training 

and experience.¿ 

SEC. 653. WAGES AND COMPENSATION. 

(a) COMPARABILITY OF WAGES.—The Secretary shall take such action as may be necessary to assure that persons employed in carrying out programs financed under this subchapter shall not receive 

compensation at a rate which is (1) in excess of the average rate of 

compensation paid in the area where the program is carried out to 

a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation 

paid to a substantial number of the persons providing substantially 

comparable services in the area of the person’s immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate prescribed in section 6(a)(1) of the Fair Labor 

Standards Act of 1938. The Secretary shall encourage Head Start 

agencies to provide compensation according to salary scales that are 

based on training and experience. 

(b) FEDERAL RATE LIMITATION.—Notwithstanding any other provision of law, no Federal funds shall be used to pay all or any part 

of the compensation of an individual employed by a Head Start 

agency in carrying out programs under this subchapter, either as 

direct or indirect costs of any proration thereof, at a rate in excess 

of the rate then payable for level II of the Executive Schedule under 

section 5313 of title 5, United States Code. 

* * * * * * * 

SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS. 

No funds made available to carry out this subchapter may be 

used—

(1) for publicity or propaganda purposes not heretofore authorized by the Congress; or 

(2) unless authorized by law in effect on the effective date of 

this section, to produce any pre-packaged news story intended 

for broadcast or distribution unless such story includes a clear 

notification contained within the text or audio of such story 


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stating that the prepackaged news story was prepared or funded by the Department of Health and Human Services. 

* * * * * * * 

XVII. COMMITTEE CORRESPONDENCE

None. 


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MINORITY VIEWS 

Head Start was established in 1965 by President Lyndon B. 

Johnson as part of the War on Poverty and is one of the nation’s 

most popular domestic programs. The program provides educational and other support services to prepare extremely low-income children for school. Head Start is the federal government’s 

largest effort to prepare the nation’s most disadvantaged children 

for school. 

Head Start provides a range of services, including education, nutrition, health, and parent training, to over 900,000 children and 

their families living in poverty. Federal Head Start funds are provided directly to local grantees, rather than through States. Programs are locally designed and administered by a network of more 

than 1,600 public and private non-profit and for-profit agencies, or 

grantees operating about 2,600 programs nationwide. Grantees are 

required to reserve at least ten percent of their slots for children 

with disabilities. In 1994, Early Head Start was established to 

serve pre-natal mothers and infants and toddlers under the age of 

three. 

Committee Republicans are pleased that H.R. 1429, the Improving Head Start Act of 2007, reforms Head Start to improve the 

overall school readiness of disadvantaged children. Similar to H.R. 

2123, the School Readiness Act of 2005 introduced by Congressman 

Mike Castle (R–DE) and approved by the House in 2005, improving 

school preparedness and teacher quality are key components of 

H.R. 1429. Head Start research shows that participating children 

are making progress yet continue to fall short of expectations by 

lagging behind their more affluent peers in some domains of 

achievement. Eliminating academic and developmental disparities 

early on is an important goal of this legislation given the requirements of the No Child Left Behind Act, which mandate that children read on grade level by the end of third grade. 

We are pleased that H.R. 1429 addresses many Republican priorities and that the bill was developed through bipartisan negotiation. However, we are concerned that the bill does not adequately 

protect the civil liberties of faith-based organizations participating 

or seeking to participate in Head Start. Committee Republicans 

strongly supported an amendment offered by Congressman Luis 

Fortun ̃ o, which the Democrats opposed, to protect these rights. 

ENHANCING THE SCHOOL READINESS OF HEAD START CHILDREN

Knowledge about children’s learning has expanded greatly during the past two decades. Research in the neurobiological and behavioral sciences suggests the importance of a child’s experiences 

during the first years of life for healthy brain development. From 

birth through age five, children rapidly develop the capabilities on 

which subsequent development builds. 


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While the resources to fund Head Start are significant, more 

work is needed to achieve the ultimate program goal of closing the 

readiness gap between Head Start children and their more advantaged peers when they enter kindergarten. Studies indicate that 

children who are enrolled in Head Start make progress, but still 

are lagging behind national norms in all aspects of school readiness. Data from the Family and Child Experiences Survey (FACES) 

and the first year findings of the Head Start Impact study both 

suggest that Head Start participants show progress on some measures after completion of a year in Head Start, but on balance remain below the national average. However, FACES data finds the 

achievement gap has been closed in the areas of pre-reading and 

pre-writing by the time Head Start children complete kindergarten. 

The Committee looks forward to future reports from the Impact 

study to see if these results are replicated. 

To accomplish the goal of ensuring that Head Start children develop the cognitive competencies necessary to succeed, the Improving Head Start Act enhances program emphasis on the academic 

components of school readiness, while retaining the commitment to 

providing comprehensive early learning and social services. Committee Republicans recognize the importance of all domains of development in order for a child to be school ready; however, Head 

Start is not making good on its promise if Head Start children are 

not fully prepared to enter school. 

A critical component of school readiness is the attainment of prereading abilities. As such, Head Start programs should provide 

children from low income families a high-quality, oral language and 

literature-rich environment. Through scientific research, much has 

been learned about the way children learn to read and the strong 

foundation that is important before children are given formal reading instruction in kindergarten and first grade. Head Start must 

play a pivotal role in this effort. In addition to supporting the socioemotional development of children under their care, Head Start 

programs must encourage and promote cognitive development activities along with professional development for teachers and staff 

based on scientific research in reading. 

Committee Republicans also recognize the importance of premathematics and pre-science skills for young children. Promoting 

pre-mathematics and pre-science knowledge and abilities is important for school readiness. These competencies may be promoted 

through early science and math experiences, including observing 

with senses, predicting, inferring, defining and controlling variables, working in teams, and communicating discoveries. Examples 

of science and math experiences may include planting different 

seeds, with various types of growing medium, light, and water; 

building towers with various block sizes; employing ramps and different balls; watching ice melt in different environments, etc. 

The Improving Head Start Act updates the Head Start quality 

standards to reflect scientific advances relating to the core areas of 

competence fundamental to children’s school readiness. The new 

quality standards will require Head Start teachers to ensure that 

children enrolled in the program develop and demonstrate the following: language knowledge and skills; pre-reading knowledge and 

skills, including phonological awareness, print awareness and 


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skills, and alphabetic knowledge; mathematics knowledge and 

skills, such as aspects of classification, seriation, number, spatial 

relations and time; science knowledge and skills, including measurement; cognitive abilities related to academic achievement; social 

and emotional development related to early learning, school success, problem-solving, and overall well-being; approaches to learning related to childhood development and early learning; creative 

arts; and for limited English proficient children, progress toward 

acquisition of the English language while making meaningful 

progress towards attaining the same school readiness knowledge 

and skills as other participating children. Additionally, we are 

pleased that the Improving Head Start Act eliminates the previous 

educational performance measures that were arbitrary and misaligned with the school readiness competencies specified under the 

quality and educational standards section. 

Committee Republicans strongly support the definition of scientifically based research and the requirement that Head Start 

grantees demonstrate the capacity to serve eligible children with 

programs based on scientifically based research that promotes 

school readiness and meets quality standards. Consistent with the 

No Child Left Behind Act, we strongly believe that Head Start programs should be utilizing sound scientifically-based research when 

making program decisions. The language in H.R. 1429 will ensure 

that instructional strategies have resulted from the application of 

rigorous, systematic, and objective procedures; employ systematic 

empirical methods that draw on observation or experiment; involve 

rigorous data analyses; rely upon measurements or observational 

methods that provide valid data across evaluators and observers 

and across multiple measurements and observations; and have 

been accepted by a peer-reviewed journal or approved by a panel 

of independent experts through a comparably rigorous, objective, 

and scientific review. We believe these requirements will lead to 

improved program quality and better outcomes for the children 

participating in Head Start. 

TEACHER QUALITY

According to the National Research Council report, Eager to 

Learn, all preschool programs should have a teacher with at least 

a bachelor’s degree in early childhood education or a related field 

(National Research Council, 2000). Well educated teachers are a 

key to early childhood program quality and outcomes for children. 

Since its inception, the Head Start program has been providing 

training and professional development to its workers. Today, a certified Child Development Associate, or CDA, is the minimum teacher requirement in every Head Start classroom, and three-quarters 

of all Head Start teachers have at least an associate’s degree in 

child development or a related field. This is good progress, but the 

program must build upon this to advance the qualifications of educational staff. Improved academic achievement in Head Start cannot be accomplished without well-qualified Head Start teachers 

who are trained in child development, utilize research-based literacy techniques, and understand the importance of a languagerich, interactive environment for children. 


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In 1998, Congress required 50 percent of Head Start teachers nationwide to acquire a minimum of an associate degree by 2008— a goal that Head Start has successfully met. 

The Improving Head Start Act sets a new target for teacher 

qualifications. It requires that by two years after enactment all 

newly hired Head Start teachers have at least an associate degree 

or be enrolled in a program leading to an associate degree. Additionally, it would require that half of all Head Start teachers nationwide have a minimum of a baccalaureate degree by September 

30, 2013. The bill does not create a requirement for individual programs. This revised requirement would help to make teacher qualifications more consistent with K–12 schools and many state prekindergarten programs. Twenty-seven state pre-kindergarten programs, and the District of Columbia, require that all preschool 

teachers have at least a bachelor’s degree, yet only about 38 percent of Head Start teachers have more than a two-year degree. In 

some States, the difference in the teacher requirements between 

Head Start and state school readiness programs can be a barrier 

to collaboration and integration between the two programs. 

H.R. 1429 also requires all Head Start grantees to create a professional development plan for all full-time employees who provide 

direct educational services to children. The Committee believes 

that this activity will result in high quality professional development that directly benefits the individual instructor, Head Start 

students, and the overall program. 

The Improving Head Start Act provides financial support to 

achieve higher teacher qualifications. The bill significantly increases the percentage of new dollars that must be spent on quality 

improvement. In an effort to ensure that Head Start programs are 

of the highest possible quality, and to ensure that funds are available to assist Head Start reach new requirements for teacher quality, H.R. 1429 requires the Secretary of Health and Human Services to reserve 60 percent of all new Head Start funds for purposes 

of quality improvement. Not less than 25 percent of that 60 percent 

must be used to increase teacher salaries and assist programs in 

recruiting and retaining quality staff. Remaining quality improvement funds would be available to provide ongoing professional developing to teachers, improve the qualifications and skills of educational personnel, ensure the physical environments of Head Start 

programs are conducive to providing effective program services and 

are accessible, employ additional staff to reduce the child to teacher 

ratio in the classroom and family to staff ratio for family services 

workers, ensure programs have qualified staff that can promote 

language skills and literacy growth, and increase hours of program 

operation. 

DEVELOPMENTAL SCREENING

Head Start currently requires a timely and systematic approach 

toward diagnostic screening of participating children in order to 

identify which children require more formal assessments of their 

developmental needs and follow-up services. The Head Start Program Performance Standards require all grantees and delegate 

agencies to perform or obtain linguistically and age appropriate 

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opmental, sensory, behavioral, motor, language, social, cognitive, 

perceptual, and emotional skills (CFR 1304.20(b)(1)) within 45 days 

of the child’s entry into the program. However, screenings may be 

conducted only after a program files a written parental authorization for such services. Though the HHS Performance Standards 

provide important guidance on characteristics of screening tools, no 

particular strategy, instrument, or technique is required. 

Committee Republicans strongly support language in the Improving Head Start Act that reinforces that Head Start program must 

in every circumstance obtain written parental consent prior to conducting any health related service, including developmental and 

mental health screenings, and physical examinations. 

PROGRAM ACCOUNTABILITY

While the majority of Head Start grantees provide quality services, there are some grantees that are not fulfilling their obligation 

to ensure that our nation’s neediest children enter school with the 

knowledge they need to succeed. This is evidenced by the approximately 170 Head Start programs that have been terminated by the 

Department due to concerns over their quality over the past 10 

years. 

Since January 2003, media accounts in numerous U.S. cities and 

communities alleged serious financial abuses and irregularities by 

local individuals and/or entities entrusted with managing local 

Head Start programs. Other reports involving financial mismanagement suggested that often Head Start grantees have good 

intentions, yet lack strong fiscal controls and the skills needed to 

effectively manage complex, multi-million dollar non-profit organizations. The incidents identified in these media reports collectively 

involve the use of tens of millions in federal Head Start funds that 

were intended to serve more than 10,000 disadvantaged U.S. children. These reports suggest that an unacceptable share of Head 

Start funding never reaches the disadvantaged children the money 

is intended to serve, and is instead lost to financial abuse, mismanagement, impropriety, or outright theft within the Head Start 

system. 

In light of these reports, the Committee Republicans are concerned about the degree to which Head Start grantees are held accountable at both the federal and local levels. We believe the current Head Start monitoring system is not adequate to ensure that 

programs are consistently delivering the level of high quality services necessary for children to advance in all areas of development. 

This is confirmed by a March 2005 report published by the Government Accountability Office that evaluated federal financial controls 

that exist in the Head Start system. 

GAO provided a series of recommendations to hold grantees more 

fiscally accountable for federal Head Start funds. The GAO urged 

changes that could be made by HHS/ACF to improve the oversight 

of the Head Start program. These changes include: (1) implementing a comprehensive risk assessment of the Head Start Program; (2) improving the processes used to collect information on 

program risks; and (3) making greater use of authority to re-compete the grants that are currently awarded to poorly performing 

grantees (GAO, 2005). We are pleased that the Improving head 


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Start Act addresses these recommendations and includes several 

new provisions to ensure greater public disclosure of information 

and accountability in the use of funds. 

INCREASING COMPETITION FOR HEAD START GRANTS

Evidence shows that competition fosters continuous program improvement and high expectations. H.R. 1429 ensures high quality 

programs continue to provide services in their communities, while 

providing the Secretary greater authority to replace grantees that 

are not meeting expectations. In our view, programs that are not 

proving high quality, comprehensive early education program must 

not be given a free pass to continue receiving taxpayer funds. 

The Improving Head Start Act was crafted to ensure high quality 

programs continue to provide services in their communities, while 

programs that are not meeting expectations will be asked to compete for funds. The Secretary will develop and implement a system 

for application review that integrates the recommendations of an 

expert panel to determine if a Head Start agency is providing a 

quality comprehensive early learning program. The Secretary shall 

base the system of review on annual budget data, triennial Head 

Start program reviews, annual audits, self-assessments, measurements of classroom quality, and program information reports. Once 

the system for application evaluation is finalized, the Secretary will 

use this system to determine which grantees are successfully delivering a high quality comprehensive early education program. 

Grantees that are determined under such system to be successfully 

delivering a high quality comprehensive early education program 

would have their application renewed for a period of five years. 

Underperforming grantees would be eligible to compete in an open 

competition for a subsequent Head Start grant. 

Competition breeds quality by fostering high expectations. We 

are concerned about the lack of applicants in current Head Start 

grant competitions and encourage the Secretary to explore new options and approaches to encourage greater number and diversity of 

applicants in future Head Start grant competitions. Head Start 

children deserve to be served by the highest quality program that 

could be available to them and by increasing the role of competition 

the Improving Head Start Act will accomplish just that. 

LOCAL ACCOUNTABILITY AND PARENTAL INVOLVEMENT

We are pleased that H.R. 1429 maintains the vital role of parents in ensuring the success of Head Start. Committee Republicans 

support maintaining the policy of shared governance between a 

parent policy council and a governing body. 

To be designated as a Head Start agency, the grantee must establish an independent governing body. Members must include representatives of the local community (including at least one member 

with significant financial management or accounting experience 

and one with expertise in early childhood development). Additional 

members shall be selected for their expertise in education, business 

administration, community affairs, government, legal affairs, and 

such other areas of expertise as may contribute to effective governance of the Head Start agency. All members of the board shall reVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00180 Fmt 6604 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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ceive training in the management responsibilities and obligations, 

ethics, and financial literacy and management, and shall adopt 

practices that assure active, independent and informed governance 

of the Head Start agency, including independent oversight of the 

financial and management practices of such agency. It is our intent 

that all legal and fiduciary responsibilities shall rest with the governing board and it shall take action on the recommendations of 

the policy council. 

A Head Start agency must also designate a parent policy council. 

The council shall be composed of either parents of children currently enrolled in Head Start or Early Head Start program or were 

enrolled the previous year or are members of the community served 

by the Head Start agency. Parent members shall constitute a majority of the member of the policy counsel and shall be elected by 

parents of currently enrolled children. The policy council shall approve and submit to the governing body decisions about the strategic direction of the program, including long and short-term planning goals and objectives; selection of delegate agencies; recruitment, selection and enrollment priorities; program personnel policies; and other program activities. 

The Secretary shall develop policies and procedures describing 

how Head Start agencies will implement or share decision-making, 

including a process for resolving any impasse between the two bodies. 

IMPROVING COORDINATION, COLLABORATION, AND INTEGRATION

We believe it is critically important to ensure continuity between 

Head Start and other early childhood programs that exist with increasing frequency in States and local communities in order to ensure that all children have the necessary knowledge to enter school 

ready to learn. We support efforts in the Improving Head Start Act 

to increase local and State integration of early childhood education 

by requiring Head Start agencies and local providers of State prekindergarten to enter into ongoing partnerships to create an efficient and effective system of early childhood and school readiness 

services in each State; and authorizing State Early Learning Councils to advance the development of a coordinated early childhood 

services delivery system in each State. 

H.R. 1429 requires Head Start grantees to enter into a memorandum of understanding (MOU) with providers, such as LEAs, of 

State pre-kindergarten programs in their service area in order to 

better align their activities. Specifically, Head Start grantees, 

LEAs, and providers of State pre-kindergarten programs are required to coordinate: educational activities, curricula, and instruction aligned to State early learning standards; public information 

dissemination and access to programs for families; selection priorities for eligible children to be served by programs; service delivery 

areas; staff training, including opportunities for joint staff training 

on topics such as academic content standards and instructional 

methods; program technical assistance; provision of additional services to meet the child care needs of working parents; planning and 

parent education for smooth transitions to kindergarten; provision 

and use of facilities, transportation, and other program elements; 


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and other elements mutually agreed to by the parties to such 

memorandum. 

H.R. 1429 also attempts to improve the integration of Head Start 

with other early education services by authorizing funds for establishing or expanding State Early Learning Councils to advance the 

development of a coordinated delivery system for early childhood 

services within a State, These State Early Learning Councils will 

bring together Head Start, State pre-kindergarten programs, State 

child care programs and the schools that will one day serve the 

children enrolled in Head Start and other preschool programs. 

EARLY HEAD START

Neuroscience suggests that the ages of birth to three is the most 

critical period for a child’s brain growth. It is during this period 

that children acquire the ability to think, speak, learn, and reason. 

Disparities in children’s cognitive and social abilities become evident well before they enter Head Start or pre-kindergarten programs at age four. Early Head Start minimizes these disparities 

and helps to establish the foundation needed for children to enter 

school ready to learn. 

We are encouraged by the positive effects of Early Head Start on 

child development and parent self-sufficiency, as documented in the 

evaluation mandated by Congress and completed in 2002. The 

strong and careful implementation effort from Early Head Start’s 

inception, supported by a national and regional training and technical assistance system with expertise in infant and toddler development contributed to these positive outcomes. 

Currently, 10 percent of Head Start funds are allocated specifically for funding the Early Head Start program. Since infants and 

toddlers have needs different than three and four year olds, operating Early Head Start programs requires different environments 

and staff trained with the needed expertise in infant and toddler 

development. Seven hundred Early Head Start programs serve over 

71,000 low-income families with infants and toddlers. 

H.R. 1429 increases the current set-aside for the program to 20 

percent over the course of the authorization, as long as the increase 

does not diminish funds available for the current Head Start program. The bill also allows current Head Start funds to be converted 

to Early Head Start programs as long as Early Head Start program 

requirements are met and the conversion appropriately addresses 

community needs. 

COMMITTEE CONSIDERATION OF H.R. 1429 

PROTECTING CONFIDENTIALITY

Head Start programs are currently required to measure children’s progress in key aspects of development, including language 

development, literacy, mathematics, science, creative arts, social 

and emotional development, approaches toward learning, and physical health and development. Programs are required to evaluate 

each child’s progress three times per year and use the results to 

help make decisions about staff training, mentoring and supervision; needed improvements in curriculum; reallocation of program 


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resources; and plans for transitions of children from Head Start 

into elementary schools. 

Committee Republicans believe that monitoring children’s growth 

and development throughout the Head Start year can be very helpful to continuous improvement in program quality. But in order for 

these assessments to provide teachers with useful information that 

can serve as a basis for teaching decisions, it is important that the 

self-assessment methods in the areas of emergent literacy and 

mathematics be research-based, developmentally appropriate, and 

culturally and linguistically responsive. The Committee believes it 

is important that these assessments be tied to children’s daily activities in order to better support educational instruction and decisions about teaching and curricula. The National Academy of 

Sciences is conducting a study on Developmental Outcomes and Assessments for Young Children. The Secretary will use this study to 

guide Head Start agencies in the use of scientifically-based measures to support classroom instructional practices and program evaluation. 

While we support these changes, we are concerned about confidentiality of participant records. To address these concerns, Congresswoman Virginia Foxx (R–NC) offered an amendment, accepted 

by voice vote, to require the Secretary, through regulation, to ensure the confidentiality of any personally identifiable data, information and records collected or maintained by the Secretary and 

any Head Start agency. Such regulations shall provide the policies, 

protections and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the 

General Education Provisions Act (the Family Educational Rights 

and Privacy Act [FERPA]). In addition, the amendment ensures 

that, as measures are revised, the Secretary does not develop a nationwide database of personally identifiable information on children 

participating in measures under the Head Start program. 

The amendment also reaffirms the Head Start program’s commitment to parental involvement and oversight by ensuring parents 

have access to information or records regarding their children and 

protects the confidentiality of such records. These regulations 

would need to provide protections and rights equivalent to those 

provided a parent, student, or educational agency under FERPA. 

Under FERPA, educational agencies and institutions that receive 

federal funds must provide parents with access to the educational 

records of their children within a reasonable time. In addition, 

FERPA prohibits such agencies from having a policy or practice of 

releasing the educational records of a student without the written 

consent of his or her parents. Certain exceptions exist for researchrelated requests. 

FAITH-BASED INITIATIVE

Congressman Luis Fortun ̃ o (R–PR) offered an amendment during 

Committee consideration to protect the rights of religious organizations to hire on a religious basis when they take part in the Head 

Start program. In addition, the amendment would have protected 

the governance of such organizations and ensured religious organizations are not discriminated against on the basis of their religious 

character. The current Head Start act requires faith-based organiVerDate Aug 31 2005 06:49 Mar 30, 2007 Jkt 033800 PO 00000 Frm 00183 Fmt 6604 Sfmt 6602 E:\HR\OC\HR067.XXX HR067

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zations to compromise their identity to compete for federal funds. 

The amendment was defeated 19–26 in Committee, with all Democrats opposing the amendment and Republicans supporting it. 

Faith-based organizations such as churches, synagogues, and 

other faith-based charities, are a central part of the fabric of communities across America. Many of these organizations provide assistance and services to the neediest members of society, offering 

a helping hand to the least fortunate among us. Many faith-based 

organizations make a vital contribution to Federal assistance programs. 

Recognizing these contributions, President Bush signed an Executive Order on Equal Protection of the Laws for Faith-based and 

Community Organizations in December 2002. That Executive 

Order recognizes that the Nation’s social service capacity will benefit if all eligible organizations, including faith-based and other 

community organizations, are able to compete on an equal footing 

for Federal financial assistance used to support social service programs, like Head Start. This amendment would have codified current practice, as outlined in the President’s Executive Order. Similar language already is part of the Community Services Block 

Grant law and welfare reform law, both of which received bipartisan support. 

Head Start already has a proud history of inclusion of faithbased organizations. Approximately 5 percent of Head Start programs are operated by faith-based organizations. Mr. Fortun ̃ o’s 

amendment would have ensured that, as new grantees are selected, 

religious organizations can compete on equal footing with public or 

private entities without requiring religious organizations to eliminate their religious character in order to participate. 

The amendment would have allowed faith-based organizations 

that participate in the Head Start program to use their facilities 

to provide services supported with Federal financial assistance, 

without removing or altering religious art, icons, or other symbols 

from these facilities. In addition, a faith-based organization that 

applies for or participates in Head Start could retain its governance 

structure, which may include having religious terms in its organization’s name, selecting its board members on a religious basis, and 

including religious references in its organization’s mission statements and other chartering or governing documents. 

Constitutional protections are included. The amendment states 

that implementation must be consistent with the First Amendment 

constitutional law. The amendment prohibits funds from being 

used for worship, instruction or proselytization in keeping with 

Constitutional requirements. This amendment would not permit religious organizations to refuse to assist individuals on the basis of 

religion, a religious belief or refusal to participate in a religious 

practice. The nondiscrimination language of the current Head Start 

statute prevents discrimination in the provision of service on the 

basis of race, creed, color, national origin, sex, political affiliation, 

or beliefs. 

Through regulations adopted July 16, 2004, the Department of 

Health and Human Services clarified these protections and required that any organizations that receive direct financial assistance from the Department (such as being a Head Start grantee) 


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may not engage in inherently religious activities, such as worship, 

religious instruction, or proselytization, as part of the programs or 

services funded by the Department. While an organization may 

conduct such activities, the activities must be offered separately, in 

time or location, from the programs or services funded by the Department, and participation must be voluntary for program beneficiaries. [45 CFR Part 87, Section 87.1(c)] Additionally, these organizations may not, in providing services, discriminate against a 

program beneficiary or prospective program beneficiary on the 

basis of religion or religious belief [45 CFR Part 87, Section 87.1(e)] 

The amendment also would have made Head Start consistent 

with the legislation governing other major social service programs 

by extending the Title VII hiring protections to faith-based organizations participating in Head Start. 

When faith-based groups hire employees on a religious basis, 

they are exercising their civil liberties. The Civil Rights Act made 

clear when faith-based groups hire employees on a religious basis, 

it is an exercise of the group’s civil liberties and does not constitute ‘‘discrimination’’ under Federal law. Under Section 702(a) of Title 

VII of the Civil Rights Act of 1964, as amended in 1972 (42 U.S.C. 

§ 2000e–1(a)): 

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to 

a religious corporation, association, educational institution, 

or society with respect to the employment of individuals of 

a particular religion to perform work connected with the 

carrying on by such corporation, association, educational 

institution, or society of its activities. (emphasis added). 

This language explicitly allows faith-based organizations to hire 

on a religious basis, and any Federal legislation governing Federal 

social service funds should continue to protect the rights of religious organizations to hire on a religious basis when they take part 

in Federal social service efforts. 

President Bill Clinton signed four laws that explicitly allow religious organizations to retain their right to staff on a religious basis 

when they receive federal funds, including the Substance Abuse 

and Mental Health Services Administration Act; the Community 

Services Block Grant Act of 1998; the Personal Responsibility and 

Work Opportunity Reconciliation Act of 1996 (the welfare reform 

law); and the Community Renewal Tax Relief Act of 2000. In Corporation of the Presiding Bishop v. Amos, a unanimous Supreme 

Court upheld the freedom to hire those who share the religious organization’s beliefs. 

The Fortun ̃ o amendment reflects the exact sentiment as did 

those four laws: that the faith and values that motivate Americans 

to serve their neighbors should not be held against them. An intolerant attitude that forces faith-based groups to give up who they 

are because they want to assist their community has no place in 

this Congress or this country. 

STATE DEMONSTRATION

Congressman Tom Price (R–GA) offered an amendment to H.R. 

1429 to require the Secretary to allow States to participate in a 


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limited demonstration project by which no more than eight 

States—who are currently matching 50 percent of the federal commitment with State and local money in an early childhood education program—could voluntarily apply for and receive the option 

of coordinating Head Start programs with their own early childhood education programs. In order to participate, States would 

have been required to contribute an additional five percent match, 

and have standards for education and comprehensive services at 

least as extensive as those currently found in Head Start. The demonstration would be limited to States with a demonstrated investment in early childhood education and an established, pre-existing 

preschool system. Participating States would be barred from making funding cuts to early childhood education programs as a condition of their participation. In addition, a ‘‘hold harmless’’ provision 

was included guaranteeing funding for Head Start centers in participating States for at least the first three years of implementation 

of the demonstration project. 

The amendment is similar to a provision that was included in 

the House-passed reauthorization bill considered in 2003. The 

amendment was defeated in Committee. 

We believe that the Committee missed an opportunity to make 

significant reform in the Head Start program by failing to allow 

this demonstration program. The State Demonstration Program 

would have provided an important opportunity for 8 States with a 

proven and effective system of early childhood education to leverage their experience and improve the school readiness of children 

in their State. 

For years, experts in early childhood education and child development have been calling for a seamless system of early childhood 

education that integrates the existing patchwork of programs that 

includes Head Start, Title I pre-kindergarten, child care, and State 

pre-kindergarten. When Head Start began in 1965, State pre-kindergarten programs did not exist. State investment in pre-kindergarten initiatives has increased significantly in the past ten years 

as Governors and the public have recognized the importance of 

early education in preparing children for school. The emergence of 

State pre-K programs has lead to the duplication of services and 

inconsistent standards for program quality within States. Some 

States have developed innovative programs and made significant 

investments so that high-quality early education experiences are 

available for young children, especially those most at risk of school 

failure. Since the passage of the No Child Left Behind Act, Governors have an even greater stake in ensuring the school readiness 

of children. Governors are held accountable for the results of children beginning at the end of the third grade. 

Governors have experience. They currently oversee K–12 education; childcare programs operating under the Child Care and Development Block Grant; Title I and State-run preschool; and a variety of other social services programs, including Temporary Assistance to Needy Families and Medicaid that are utilized by Head 

Start families. However, because States have no authority over the 

Head Start program, coordination can be challenging and occurs 

only if individual grantees within a State agree to work with these 

other players within the larger State system. 


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Under the current patchwork system, States face many barriers 

to developing a Statewide school readiness curriculum for all prekindergarten programs that is aligned with their Statewide standards for K–12 education. The State Demonstration Program would 

have provided eligible States with the opportunity to improve coordination of services and operate programs more efficiently, thereby increasing their ability to serve more children. The experiences 

of these States would have provided valuable information about 

how States with advanced early childhood education systems are 

able to innovate and improve results for children. We are disappointed that this demonstration was not given a chance and that 

this information will not be learned. 

HOWARD P. ‘‘BUCK’’ MCKEON. 

THOMAS E. PETRI. 

PETE HOEKSTRA. 

MIKE CASTLE. 

VERNON J. EHLERS. 

TODD R. PLATTS. 

RIC KELLER. 

JOE WILSON. 

JOHN KLINE. 

CATHY MCMORRIS RODGERS. 

K. MARCHANT. 

LUIS FORTUN ̃ O. 

C. W. BOUSTANY, Jr. 

VIRGINIA FOXX. 

JOHN R. ‘‘RANDY’’ KUHL, Jr. 

ROB BISHOP. 

DAVID DAVIS. 

DEAN HELLER. 

Æ 


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