[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]
[Page 1285-1297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja08-11]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 1304 and 1306
RIN 0970-AB90
Head Start Program
AGENCY: Administration for Children and Families (ACF), HHS.
ACTION: Final rule.
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SUMMARY: This final rule implements the addition of family child care
as a Head Start and Early Head Start program option. Family child care
is care and education provided to children in a private home or other
family-like setting. In keeping with the goal of designing programs
that meet family and community needs, some Head Start and Early Head
Start agencies have identified family child care as an effective Head
Start service delivery model.
DATES: Effective Dates: This final rule is effective February 7, 2008.
FOR FURTHER INFORMATION CONTACT: Camille Loya, Office of Head Start,
Administration on Children and Families, 1250 Maryland Avenue, SW.,
Washington, DC 20024; (202) 401-5964.
SUPPLEMENTARY INFORMATION:
I. Program Purpose
II. Background and Purpose of Rule
III. Summary of Major Provisions of the Rule
IV. Rulemaking History
V. Section-by-Section Discussion of Comments
VI. Impact Analysis
SUPPLEMENTARY INFORMATION:
I. Program Purpose
Head Start is authorized under the Head Start Act (the Act), Title
VI, Subtitle A, Chapter 8 of the Public Law 97-35, the Omnibus
Reconciliation Act of 1981 (42 U.S.C. 9801 et seq.). It is a national
program providing comprehensive child development services primarily to
low-income children from birth to five years of age, pregnant women,
and their families. To help enrolled children achieve their full
potential, Early Head Start and Head Start programs provide
comprehensive health, nutritional, educational, social, and other
services.
Additionally, programs are required to provide for the direct
participation of the parents of enrolled children in the development,
conduct, and direction of local programs. Parents also receive training
and education to foster their understanding of and involvement in the
development of their children. In fiscal year 2005, Early Head Start
and Head Start served 906,993 children and their families through over
2,000 local grantee and delegate agencies. More than 23 million
children and families have been served since the 1965 initiation of the
Head Start program.
While Early Head Start and Head Start are intended to serve
primarily children whose families have incomes at or below the poverty
line, or who receive public assistance, Head Start regulations
[[Page 1286]]
permit up to 10 percent of the children in local programs to be from
families who do not meet these low-income criteria. The Act also
requires that a minimum of 10 percent of the enrollment opportunities
in each program be made available to children with disabilities. These
children are expected to participate in the full range of Head Start
services and activities with their non-disabled peers and to receive
special educational and related services, as needed.
II. Background and Purpose of the Rule
The authority for this final rule is found in sections 644(a) and
644(c) and section 645A(b)(9) of the Head Start Act (42 U.S.C. 9839(a),
9839(c), and 9840a(b)(9)). Sections 644(a) and (c) require the issuance
of regulations setting standards for organization, management, and
administration of Head Start programs. Section 645A(b)(9) requires that
Early Head Start agencies comply with the requirements established by
the Secretary concerning design and operation of such programs.
Since the program's inception, Head Start grantee and delegate
agencies have been required to use data from a community assessment as
required by 45 CFR 1305.3 to design programs that meet local community
needs and support individual family goals. As a result, over the years,
Head Start has implemented a variety of program options, including the
provision of comprehensive child development services in centers (the
center-based option), in the child's home (the home-based option), or
through a combination of center and home-based services (the
combination option). With the issuance of this final rule, regulations
applicable to family child care, as a program option, are established.
Family child care is care and education provided to children in a
private home or other family-like setting not necessarily the child's
home as in the home-based option. In keeping with the goal of designing
programs that meet family and community needs, some Head Start and
Early Head Start agencies have identified family child care as an
effective Head Start service delivery model. Family child care may
offer advantages in greater hours of service, flexibility, and smaller
group size. Many families believe their children will benefit from a
home-like setting and multi-age groupings that can include siblings.
The formal recognition of the family child care setting as a Head
Start and Early Head Start program option is particularly relevant
given the increased participation of many parents in the workforce or
education and training opportunities. This increase is largely due to
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA), Public Law 104-193, which created the Temporary
Assistance for Needy Families (TANF) program. To support parents as
they pursue training opportunities and seek and maintain employment,
Head Start will provide increased opportunities for full day and full
year services. Partnerships with other community agencies will ensure
quality, flexibility and cost effectiveness. Because family
circumstances may vary and many low income wage earners are obligated
to work non-traditional hours, full day services may include extended
hours of care including evenings and weekends. The family child care
option may be particularly appropriate in these and other situations as
it will provide grantee and delegate agencies with more flexibility in
designing services to meet individual family needs. Early Head Start
programs may choose the home-like setting of family child care for
serving infants and toddlers from families with parents who are working
or in training as a result of TANF. Family child care also may be a
particularly appropriate option in rural areas where families are
widely dispersed or in any area where there is a shortage of
facilities. Finally the family child care option may be ideal for some
children whose temperaments and learning styles flourish in a smaller,
less formal setting.
Family child care has long been considered a possible Head Start
program option. Since 1970, Head Start has served as a catalyst for
promoting discussions and collaborations among a variety of
organizations and agencies interested in expanding Head Start's
comprehensive services to family child care settings. With the intent
of increasing the availability of family child care services, beginning
in 1984 and continuing through 1997, a number of Head Start grantees
established family child care homes through innovative demonstration
grants and program expansions. In keeping with its role as a national
laboratory for the field of child development and early education, the
Office of Head Start funded these demonstration projects to provide
resources and leadership in the implementation of Head Start
comprehensive services in family child care settings. This effort
helped agencies meet community and family needs and provided
opportunities for exchanging information and experience among the
participating agencies and establishing a professional network among
previously isolated providers.
To help raise the level of quality in the family child care
community and to support agencies in delivering Head Start's
comprehensive child development services within the family child care
setting, the Office of Head Start has supported significant initiatives
to promote the professional development of family child care staff,
including establishing the Child Development Associate (CDA) credential
for family child care providers. This nationally awarded credential is
recognized in 47 States as meeting staff qualification requirements for
child care licensing. To promote developmentally appropriate
programming for infants, toddlers, and preschoolers in family child
care, Head Start supported the development of a curriculum and
corresponding staff training program titled, ``The Creative Curriculum
for Family Child Care.'' Head Start also engaged in extensive work with
a satellite distance learning network and over 45 community colleges to
offer child development courses and other classes relevant to the
provision of family child care, leading to the award of the CDA
credential. In 1988, Head Start collaborated with the State of
Washington and local community colleges to support the Job Training
Partnership Act (JTPA) and Welfare Reform by providing education and
credentialing opportunities for family child care providers, including
Head Start parents.
From 1992 to 1997, the Office of Head Start conducted an
``Evaluation of the Head Start Family Child Care Homes Demonstration''
to determine whether the services provided in family child care
settings had the capacity to meet the Head Start Program Performance
Standards and have impacts comparable to those resulting from
enrollment in center based Head Start programs. Based on the data from
this study, family child care was found to be a viable setting for
providing comprehensive Head Start services at costs comparable to
those for full-day center-based services. Although the study focused on
programs serving four year old children, the findings show that
services delivered in a family child care setting can meet Head Start
standards of quality and can produce similar outcomes for children and
families.
Based on these initiatives, accumulated experience, and research,
the Office of Head Start identified indicators of quality family child
care. These quality indicators include: use of licensed homes with very
small groups of children, especially when infants and
[[Page 1287]]
toddlers are enrolled; qualified family child care providers with
adequate training and experience; implementation of a curriculum based
on sound child development principles; the integral involvement of
parents; and the provision of strong support from the Head Start
program to the family child care providers.
Through the demonstration efforts and through recent expansion of
Head Start and Early Head Start enrollment, approximately five percent
of programs currently provide family child care to some of their
children and families under approved locally-designed models.
Approximately 5,000 children are enrolled in these programs. We expect
that this number will increase following publication of this final
rule.
In the past several years, the Office of Head Start has convened
several groups of representatives from a cross-section of for-profit
and non-profit family child care programs, other organizations and
agencies, experts, and parents to advise the Office of Head Start
regarding various aspects of family child care programming. The family
child care issues addressed by these groups included staff-child
ratios, staff qualifications, oversight and support for the family
child care provider and utilization of multiple funding sources.
Informed by years of experience, and by a wide range of individuals and
groups, as well as the findings of the evaluation study, the Office of
Head Start is implementing regulations that will add family child care
as a Head Start and Early Head Start program option.
All Head Start and Early Head Start grantees and delegate agencies
must comply with the Head Start Performance Standards and other
applicable regulations. Current Standards (45 CFR part 1304) were
published in the Federal Register on November 5, 1996 (61 FR 57186) and
were effective January 1, 1998. The Standards include requirements for
Early Childhood Development and Health Services, Family and Community
Partnerships and Program Design and Management. Early Childhood
Development and Health includes child health and developmental
services, education and early childhood development, child health and
safety, child nutrition, and child mental health. Program Design and
Management includes program governance, management systems and
procedures, human resources, and facilities, materials and equipment.
All Head Start and Early Head Start programs, regardless of program
options offered, must comply with the Head Start Performance Standards
and other regulations including 45 CFR part 1304 (Program Performance
Standards for the Operation of Head Start Programs by Grantee and
Delegate Agencies), 45 CFR parts 1301 (Head Start Grants
Administration), 1302 (Policies and Procedures for Selection, Initial
Funding, and Refunding of Head Start Grantees and for Selection of
Replacement Grantees, 1303 (Appeal Procedures for Head Start Grantees
and Current or Prospective Delegate Agencies), 1305 (Eligibility,
Recruitment, Selection, Enrollment and Attendance in Head Start), 1306
(Head Start Staffing Requirements and Program Options), 1308 (Head
Start Program Performance Standards on Services to Children with
Disabilities), 1309 (Facilities), and 1310 (Head Start Transportation
Services).
Several program elements are unique to family child care and thus
are not addressed specifically in the current Head Start Program
Performance Standards. These elements include the hours and days of
possible operation, differences in staff qualification, differences in
indoor and outdoor facilities and space, group size and age composition
variations, different health and safety issues, role of the Head Start
Policy Council and the applicability of management policies and
procedures.
Other program elements, such as child development and education,
proportionate Policy Council, Committee or other governing group
representation, and the conduct of home visits are addressed in the
Head Start Performance Standards and are made applicable to the Head
Start family child care program option. In addition to the Head Start
Program Performance Standards and other Head Start regulations, Head
Start and Early Head Start grantee and delegate agencies implementing
the family child care program option must ensure the provisions, as
specified in this revision, are met. Also, Early Head Start programs
are required to ``provide early, continuous, child development and
family supportive services on a year-round basis (62 FR 18966).
Therefore, grantee and delegate agencies providing Early Head Start
through the family child care option must provide these services year
round.
III. Summary of the Major Provisions of the Rule
A summary of the major provisions of the final rule follows. The
rule:
Establishes requirements for including family child care
settings as a Head Start and Early Head Start program option.
Describes the minimum credentials, which must be held or
obtained by providers of Head Start and Early Head Start family child
care services.
Describes the minimum knowledge and experience that must
be possessed by family child care providers who enroll Head Start and
Early Head Start children.
Describes the minimum qualifications of the Head Start or
Early Head Start child development specialist.
Specifies training opportunities that must be made
available to family child care providers.
Requires that family child care homes establish schedules
to meet the needs of Head Start and Early Head Start parents.
Requires that Head Start and Early Head Start programs
offering the family child care option ensure that homes are available
that can accommodate the special needs of children with disabilities.
Specifies minimum requirements for the indoor and outdoor
space available to children enrolled in the Head Start or Early Head
Start family child care option.
Describes Policy Council role in program decision to offer
family child care option and requires proportionate representation of
family child care providers on Policy Council or Policy Committee.
Establishes requirements to ensure the health and safety
of Head Start and Early Head Start children enrolled in the family
child care option.
Establishes allowable adult to child ratios and group size
limits for the family child care program option.
Requires that agencies offering the family child care
option employ a child development specialist to provide support and
oversight to family child care providers.
Requires that homes where family child care is provided as
a Head Start or Early Head Start program option are licensed or
otherwise certified by State, Tribal or local authority.
IV. Rulemaking History
On August 29, 2000, the Department of Health and Human Services
(Department) published a Notice of Proposed Rulemaking (NPRM) in the
Federal Register (65 FR 52394), proposing regulations establishing
requirements for the provision of family child care as a Head Start and
Early Head Start program option. Copies of the proposed regulation were
mailed to all Head Start and Early Head Start grantee and delegate
agencies. Interested individuals were given 60 days to comment on the
proposed rule. During
[[Page 1288]]
the 60-day comment period, the Department received 1,166 individual
comments from 217 respondents. The respondents included Head Start and
Early Head Start grantee and delegate agencies, family child care
providers, parents, people with college and university affiliations,
and other public and private agencies and individuals interested in
family child care and Head Start.
This final rule amends Head Start Regulation 45 CFR part 1306 to
provide grantees authority to operate a family child care program
option and specify what requirements will be imposed on Head Start
programs implementing this option. We have amended the final rule in a
judicious manner, and taken time to carefully consider the large number
of comments in order to provide clarity to the family child care
program option.
V. Section-by-Section Discussion of Comments
The comments were analyzed and categorized by regulatory section.
Only those sections for which comments were made or which were changed
in the final rule are discussed below.
Section 1304.52(h)(1)--Human Resource Management
This section described the qualifications required for family child
care providers with Head Start or Early Head Start children enrolled.
Comments. This section elicited the largest number of comments from
respondents. Three comments supported the proposed section as written.
The remaining respondents made specific recommendations for changes.
Several comments cautioned that the section implied an employer-
employee relationship and other sections were inconsistent with this
assumption. Three respondents objected to the requirement that
providers have ``previous child care experience.'' Several respondents
indicated that the Department should allow family child care providers
to possess the Child Development Associate Credential (CDA) in
preschool, home-based or infant-toddler services as more people have
these and it gives them much of the necessary foundation in early
learning. Many of the comments asked for clarification of the section's
stipulations. Ten respondents wrote that ``child care experience''
should be liberally interpreted to allow parents and others to become
family child care providers. Two respondents questioned experience as a
prerequisite given the lack of a commensurate requirement for Head
Start and Early Head Start center based teachers.
Eighty comments were critical of the provision's requirement that
providers obtain at least a CDA within one year of hire. The majority
indicated that one year is not a reasonable length of time to receive a
degree. Some respondents suggested specific allowances including
permitting longer time for non-English speakers. One respondent asked
if the Office of Head Start would provide funds for providers to obtain
a credential. Many respondents indicated that the allowable time period
for obtaining a credential or degree is too short. Recommendations
ranged from 18 to 60 months, but the majority of respondents, wrote
that 24 months would be reasonable. A few respondents indicated that
there should be no requirement at all for provider education. Finally,
several respondents drew attention to the difficulty of obtaining a CDA
in rural areas, while several others made the same statement about
small cities or ``disadvantaged'' cities.
Response. Previous experience and the possession of a degree or CDA
are critical indicators of the ability to provide high quality services
for young children. In response to comments indicating that the
specified time period was unreasonable, the final regulation allows up
to two years to obtain a CDA. The final rule specifies that providers
offering family child care as a Head Start or Early Head Start option
must enroll in a CDA program within six months of beginning service
provision. While it is true that access to the CDA program and colleges
and universities varies across the country, distance learning
opportunities via satellite and computer, are increasing access
significantly regardless of geography. The requirement that providers
have ``early child care experience'' was left essentially unchanged.
The lack of specificity, in both duration and nature, related to the
requirement permits considerable latitude in interpretation while still
holding agencies responsible for ensuring that providers who they
employ or with whom they contract are qualified.
The language in the final rule was clarified throughout to indicate
that Head Start or Early Head Start and family child care program
relationships may be contractual or employer-employee based on the
nature of each situation.
Section 1304.52(h)(3)
Under the proposed rule, this section required that agencies
offering the family child care program option ensure that alternative
arrangements are made for enrolled children in the event a provider or
family child care facility is unavailable.
Comments. Five respondents indicated full support for this
provision. One respondent suggested a minimum of three substitutes be
available for each provider. One respondent indicated that alternative
arrangements should be a recommendation, not a requirement. Several
respondents indicated that the rule should be changed from requiring
``alternative arrangements'' to requiring ``alternative plans'' which
would allow more flexibility. Several respondents indicated concern
about the qualifications of substitute staff and the safety of
alternative facilities. Writers also emphasized that young children
should not be left in the care of strangers in the event the family
child care provider is unavailable. Several respondents wrote that this
provision was overly prescriptive, indicating that the responsibility
for alternative arrangements should be borne by the family child care
provider, not the Head Start or Early Head Start grantee. Many writers
expressed concern that requiring substitute arrangements represents a
prohibitive cost.
Finally, respondents pointed out that arrangement for alternative
care, either when planned or in the event of an emergency, should be
made by family child care providers with the parents of the enrolled
children. A few comments indicated that the responsibility for finding
alternative care should rest entirely with parents as such
responsibility ``promotes the parent's self-sufficiency.'' Several
respondents requested that the Office of Head Start provide
recommendations of appropriate alternative sites when the family child
care home is not available.
Response. We agree with respondents that the proposed rule was
unnecessarily stringent regarding this provision and did not fully
account for the variety of issues surrounding alternate care
arrangements. The final rule has been changed to specify that grantees
offering the family child care option ensure that closures for
emergency reasons are minimized and providers work with parents to
establish emergency notification and alternative care arrangement
plans. The rule further specifies that providers must notify parents of
any planned closures well in advance.
Section 1304.52(h)(4)
This section of the proposed rule specified that when a grantee or
delegate provides substitute or additional staff, such staff must have
the knowledge and experience necessary to
[[Page 1289]]
implement the Head Start family child care option.
Comments. There were three comments on this section. One respondent
recommended clarification of the requirements for a family child care
assistant. The other two respondents stated that it is unreasonable to
require substitutes to meet education criteria.
Response. The final rule was re-worded slightly to require that
substitutes and assistants have training and experience necessary to
ensure the continuous provision of quality services. The change
acknowledges that assistants and substitutes may not be equipped to
single handedly ``implement the Head Start family child care program,''
but that they must be qualified to maintain services and contribute to
a safe nurturing environment in the provider's absence or as an
assistant to the provider.
Section 1304.52(h)(5)
This section of the proposed rule required that at the time of
hire, the child development specialist must have at least an Associate
degree in child development or early childhood education.
Comments. One respondent suggested that any degree should be
acceptable as long as a minimum amount of course work in child
development or early childhood education is obtained.
Response. The provision was re-worded from the NPRM to be
consistent with the degree requirement specifications for teachers as
written in the Head Start Act. The child development specialist will
provide support and guidance for family child care providers and must
have the academic background necessary to ensure sound Knowledge of
child development and early learning.
Section 1304.52(l)(5)(i-viii)
This section of the proposed rule specified that grantee and
delegate agencies offering family child care must provide specific
training topics for family child care staff.
Comments. Eight respondents supported regulations requiring
training for family child care staff. One respondent indicated that
grantee and delegate agencies should determine the amount and type of
training based on the needs of family child care providers. Another
respondent recommended changing the wording to state that agencies
shall make the specified training available, but not required, because
providers may have different needs and resources. Several respondents
objected to the requirement that the Head Start or Early Head Start
agency's curriculum be implemented in the family child care home,
stating that there should be flexibility to allow the selection of a
curriculum that best fits an individual family child care home. One
respondent suggested that the required certification in cardiopulmonary
resuscitation (CPR) should include CPR for adults as well as infant and
child CPR. Finally there were a number of comments suggesting
additional training topics including, the Head Start Performance
Standards, meeting the needs of children with disabilities, cultural
competency, the importance of relationships, business training,
observation skills and stress management.
Response. The language in the final rule is changed to specify that
grantee and delegate agencies offering the family child care option
must make opportunities available for providers to receive training in
the following topics: Knowledge of child development; curriculum
implementation; working with children with disabilities; effective
communication with children and their families; knowledge of safety,
hygiene and health, including infant and child CPR; identification and
reporting of possible child abuse; information on the United States
Department of Agriculture's Child and Adult Care Food Program; and
other training as necessary based on individual needs. The NPRM's
section 1304.52(i)(5)(vii), regarding appropriate sanitation and
hygiene, was combined with paragraph (v) regarding safety and health
issues because the requirements are closely related.
Section 1306.3(n)
This section of the proposed rule provided definitions of ``family
child care'' and ``Head Start family child care.'' There were no
significant comments specifically in response to this section. However,
the word ``comprehensive'' was added to describe the Head Start and
Early Head Start services provided to children enrolled in family child
care. The addition was made to clarify the nature of the services to be
provided.
Section 1306.3(o)
This section of the proposed rule provided the definition of
``family child care program option'' as the provision of Head Start and
Early Head Start services to children receiving child care in the home
of the provider or in a family-like setting, such as space in an
apartment building which has been set aside for the provision of child
care.
Comments. One respondent requested clarification on the definition
of ``family-like'' setting. Other respondents questioned whether family
child care would be permitted in public housing facilities because it
would be a commercial venture.
Response. The definition remains essentially unchanged. The term
``family-like setting'' could include the myriad of households in which
American families live, as long as there is conformance with applicable
regulations. The phrase ``under the auspices of an Early Head Start or
Head Start grantee or delegate agency'' was deleted as unnecessary.
Section 1306.3(p)
This section of the proposed rule defined the term ``family child
care teacher'' as the provider of Head Start or Early Head Start
services to children in their own residence or a family-like setting.
Comments. There were 28 comments submitted that addressed this
section. Six respondents supported use of the term ``family child care
teacher'' as they felt it would enhance the public perception of a
professional role. Twenty-two respondents objected to the term
``teacher'' and some suggested alternatives. Several respondents
indicated concern that the term ``teacher'' would too narrowly imply a
home set up and operated like a child care or preschool center. Other
respondents commented that the term ``teacher'' is not reflective of
their myriad roles, including, small business owner, nurturer, and
homemaker. Three respondents suggested that use of the word teacher may
influence the ability to maintain a contractual rather than employer
relationship. Alternative titles suggested by respondents included,
``family child caregiver,'' ``early care and education provider,''
``family child care professional'' and ``family child care learning
professional.'' One respondent indicated that ``family child care
provider'' is the nationally recognized term for individuals who
provide child care in a family-like setting. The writer noted the use
of that term in National Association for Family Child Care materials
and in the United States Department of Agriculture's Child and Adult
Care Food Program (CACFP).
Response. We agree with the respondents who suggest that the term
``teacher'' might not be the most appropriate title. While we believe
teaching is a primary function when children are enrolled in the Head
Start family child care option, we changed the term to ``Family Child
Care Provider'' in the regulation to be
[[Page 1290]]
inclusive of the variety of relationships grantees may establish to
offer family child care as a program option.
Section 1306.20(g)
This section of the proposed rule specified that when Head Start or
Early Head Start children are enrolled, designated group size limits
apply and the provider's own children under the age of six years must
be counted in the group size.
Comments. There were seven respondents who indicated that inclusion
of the provider's own children in the adult to child ratio would pose a
significant financial burden. Several of these respondents included
information about less restrictive State requirements.
Response. We added language to the final rule section 1306.20(g) to
indicate the provider's children under the age of six must be included
in the group count whenever present in the home. While we recognize
this may reduce the capacity of the provider to enroll children, we
believe that children under age six need considerable adult support and
excluding them from the count could pose a danger to the safety and
development of the group.
Section 1306.20(g)(1)
This section stated that when no more than two of the children are
under three years of age, the maximum group size is six children.
Section 1306.20(g)(2)
This section of the proposed rule specified that when more than two
children are under three years of age, the maximum group size is four
children and in such cases, no more than two of the four children may
be under the age of 24 months.
Comments. This section generated a substantial number of responses.
Many responses were in favor of the provision, but several of these
cautioned it might not be financially viable. A majority of respondents
indicated criticism of the adult to child ratios proposed. Several
respondents suggested that the allowable ratio and group size should be
consistent with those established for Head Start center-based programs,
one teacher for every eight three-to five-year old children. Others
suggested deferring to each State's family child care licensing
regulations. Several respondents forwarded copies of various States'
regulations.
Another category of comments elicited by this section suggested
that the provisions governing group family child care include larger
group size with a second adult assisting the family child care
provider.
Response. We agree with respondents that Head Start family child
care group size limits and adult-child ratios should generally reflect
those established for Head Start and Early Head Start. The primary
considerations in determining ratio and group size requirements are the
safety, education, and well-being of enrolled children. We reviewed the
family child care licensing regulations in all the States where they
exist and found tremendous variability in allowable group size and
adult-child ratios. We feel that simply deferring to States is not an
acceptable option as it would not ensure the ratios and group sizes
required for the delivery of high quality Head Start and Early Head
Start services.
We changed the final rule to be more consistent with requirements
for Head Start classrooms. A majority of States identify a ratio of
approximately six children, with no more than two under two years of
age, for a single provider and the final rule was changed to reflect
this majority. This consistency with the Head Start requirement will
reduce problems associated with variance from State regulations. In
view of the many possible advantages and research supporting the
quality of ``family group'' child care homes, we have included a
provision allowing a family child care provider and an assistant to
care for up to twelve children when no more than four of the children
are under two years of age.
The ratio for teacher to infants and toddlers in Early Head Start
classrooms is one to four. We maintain this ratio for the family child
care option with the stipulation that no more than two of the four
children may be under the age of 24 months. We believe this ratio and
the associated age limits are necessary both in the event of an
emergency and for the provision of high quality services.
Section 1306.20(g)(3)
In the proposed rule, this section specified that when children
requiring additional care because of special needs are enrolled, ``* *
* group sizes are smaller than the maximum allowed.''
Comments. There were several comments on this section indicating
concern that additional compensation would be required if the group
size was reduced in order to cover the resulting lost revenue. Other
respondents were concerned about how an appropriate ``smaller'' group
size would be determined when special needs children were enrolled. One
respondent recommended having a ``special needs aide'' to assist when a
child with a disability is enrolled. Several responded that decisions
about group size must be made in accordance with individual needs.
Response. We agree that children's special needs are extremely
diverse and decisions about group size must take into account the
individual needs of children enrolled. Young children with disabilities
are entitled to appropriate education and related services in the least
restrictive environment where their needs can be met. If the family
child care home is deemed the least restrictive environment, the local
jurisdiction must provide any necessary services. The language in the
final rule is modified slightly to indicate that it may be necessary to
adjust group size or accommodate additional assistance to meet the
needs of children with disabilities. Head Start and Early Head Start
grantees must ensure that at least ten percent of enrollment
opportunities are available to children with disabilities.
Section 1306.20(h)(1)
Under the proposed rule, this section specified that Head Start and
Early Head Start programs offering the family child care option must
provide support and oversight to providers through the employment of a
child development specialist and through other staff with
responsibilities related to the provision of comprehensive services.
Included was the requirement that there are mechanisms in place for
assuring communication with providers at all times when Head Start or
Early Head Start children are present.
In the NPRM section 1306.20(h)(2) it was also specified that a
full-time child development specialist be assigned no more than 12
family child care homes with part-time child development specialists
being assigned a proportionate number. We have combined this section
into a single section 1306.20(h)(1) in this final rule.
Comments. Respondents indicated concern that dictating the hours of
service and requiring external oversight could jeopardize the capacity
to maintain a contractual, as opposed to employee to employer,
relationship. Several respondents indicated they currently provide Head
Start services as specified in their contracts with the support, but
not supervision of the grantee. One respondent recommended that support
be specifically identified.
A number of respondents indicated support for the proposal that
child development specialists be assigned a limited number of family
child care homes, but some said they would require additional funding
to meet the requirement. Other respondents questioned a prescribed
ratio given the
[[Page 1291]]
potential variation in traveling distance between homes reflective of
the region or area where the grantee or delegate agency operates. Many
respondents indicated that the requirement as stated would influence
the ability of providers to maintain a contractual, as opposed to
employee, relationship with the grantee or delegate agency. Several
respondents proposed different ratios ranging from one specialist to
every six family child care homes to one specialist for every 15 family
child care homes. One respondent suggested that the ratio should be
based on the number of children enrolled rather than the number of
homes as the number of children enrolled in each home may vary
considerably. Finally a number of respondents objected to the
prescription of a child development specialist, arguing it would limit
program flexibility in providing staff to best meet the individual
needs of family child care providers. Others argued the provision as
written makes erroneous assumptions about a relative lack of child
development qualifications on the part of family child care providers.
Response: We agree that the specific responsibilities of the child
development specialist will depend on the nature of the relationship
between the grantee or delegate agency and the family child care
providers. The final rule was modified to broadly require that child
development specialists and other Head Start staff with specific
responsibilities for the provision of comprehensive services provide
support for the family child care option homes.
We also agree that Head Start programs will need flexibility in
designing their family child care option. We believe that a child
development specialist is essential to connect the family child care
homes with the Head Start and Early Head Start program and ensure
effective communication. Based on these two conditions, we deleted
section 1306.20(h)(2), as designated in the NPRM, and added language to
section 1306.20(h)(1) to require that programs offering the family
child care option employ and assign child development specialists or
other Head Start or delegate agency staff to ensure the provision of
high quality comprehensive services.
Section 1306.20(h)(2)
This section (section 1306.20(h)(3) in the NPRM) specified that the
responsibilities assigned to child development specialists include
unannounced and announced visits to family child care homes with at
least one 90 minute visit per home per week.
Comments. A number of respondents supported the proposed standard
speculating that providers would welcome the visits and that the child
development specialist would positively influence family child care
services. Several respondents indicated concern that the visits not be
intrusive. The majority of respondents wrote that the provision should
be modified. Many felt that the requirement was too prescriptive and
not adequately flexible to ensure responsiveness to the needs of
individual providers. One respondent suggested that the visits of
various specialists during a single week could be combined to
constitute the required 90 minute visit. Others suggested reducing the
requirement to bi-weekly visits or permitting phone or e-mail
communication in lieu of visits. There also were suggestions for
including a monthly meeting of providers in the requirements.
Response. We agree with respondents that the need for child
development specialist visits may vary considerably among providers.
Veteran providers with early childhood degrees for example, may not
need the same number and duration of visits as new providers who are
enrolled in CDA or early childhood education classes for the first
time. We believe, however, that the grantee agency must have a
systematic approach to ensure that providers have regular access to the
resources and specialists that the Head Start or Early Head Start
agency offers. Whether its relationship with providers is contractual
or employment based, grantees and delegates will need assurance that
all applicable regulations are met. The final rule was re-worded to
clarify that the grantee or delegate agency must assign
responsibilities to the child development specialist to support and
ensure the provision of high quality services at each family child care
home. The duration and timing of such visits may vary, but there must
be at least one visit to every provider every two weeks and some form
of contact at least once per week. Visits must be both announced and
unannounced.
Section 1306.20(h)(3)
This section (section 1306.20(h)(4) in the NPRM) of the proposed
rule stated that the child development specialist must conduct health,
nutrition and safety checks of the home, and must observe and assess
curriculum implementation and child development services. The section
also required that the specialist provide on-site feedback and training
and technical assistance to the providers including support for the
development of collegial or mentoring relationships.
Comments. The responses applicable to this section were submitted
under proposed section 1306.20(h)(2) and (3) and related to concern
that the requirement is too stringent and doesn't reflect the wide
variety of strengths and needs across family child care settings.
Response. The language in the final rule was modified to clarify
that the role of the child development specialist includes: Verifying
compliance with either contract requirements or agency policy depending
on the nature of the relationship; facilitating communication between
the family child care provider, Head Start and Early Head Start staff,
enrolled families and other community services; making recommendations
for training and technical assistance; and supporting providers in
developing collegial or mentoring relationships.
1306.20(i)
This section of the proposed rule required that grantees or
delegates formally assign family child care management functions to
agency staff.
Comments. This provision elicited six comments, all of which were
supportive. One respondent indicated that responsibilities should be
assigned not only to existing staff, but that new staff should be hired
as necessary.
Response. This section was considered unnecessary as provision for
the assignment of management functions is currently required in
1304.52(a). Therefore, the section was deleted from the final rule.
Section 1306.20(i)
Under the proposed rule, this section (1306.20(j) in the NPRM)
specified that to ensure that all program services are available to
children enrolled in the family child care option, grantee and delegate
agencies must ensure that providers are supported by agency staff with
responsibilities related to the provision of comprehensive services as
described by 45 CFR parts 1304 and 1308. There were no comments in
response to this section. However, the provision was reworded to simply
state that grantee and delegate agencies must ensure that children
enrolled in the family child care option receive comprehensive Head
Start or Early Head Start services as described by 45 CFR parts 1304
and 1308.
Section 1306.31(a)
This section of the proposed rule was amended to include Family
Child Care in the list of Head Start program options that consists of a
center-based option, a
[[Page 1292]]
home-based option, and a combination program option.
Sections 1306.35 and 1306.36 were revised and redesignated as
sections 1306.36 and 1306.37 respectively and a new section 1306.35 was
added.
Section 1306.35(a)(1).
This section of the proposed rule required that agencies
implementing the family child care option must ensure that each family
child care home operates year round, five or more days per week and at
least six hours per day.
Comments. Many respondents stated confusion about this provision.
Some respondents indicated that they interpreted ``year round'' to mean
no vacation or holiday time would be permitted. Two respondents
indicated that if the grantee or delegate sets required hours of
operation, it would preclude a contractual relationship. Many people
suggested modifying the provision to allow family child care providers
to determine their schedules and keep enrolled families informed. Other
respondents pointed out that they serve populations who, due to
seasonal employment or school or college enrollment, only require part-
year care. Several comments suggested that six hours per day would
never be enough and the regulation should specify a minimum of nine or
ten hours.
Response. We agree with respondents that family child care
providers must establish hours and days of operation in accordance with
the needs of enrolled families and their own needs. We do not wish to
interfere with the ability of providers to remain independent
contractors. We also recognize the large degree of variation in need
for care according to individual community and family circumstances.
The final rule was changed to allow greater flexibility while still
emphasizing the need to meet community needs. It states that grantees
and delegates must ensure that the family child care option, whether
provided directly or via contractual arrangement, operates sufficient
hours to meet the child care needs of the children enrolled and their
families.
Section 1306.35(a)(2)(i)(ii).
In the proposed rule, paragraph (i) of section 1306.35(a)(2)
specified that agencies offering the family child care option must
ensure that family child care homes are available to serve children
with disabilities and accommodate parents with disabilities. Paragraph
(ii) stated that services must be provided as specified in children's
individual education plans (IEPs) or Individual Family Services Plans
(IFSPs).
Comments. Respondent suggested that the Office of Head Start needs
to make funds available to renovate homes to make them accessible and
provide funds to offset revenue lost when a child with a disability
requires a smaller group size. One respondent indicated concern that
family child care providers are not certified in special education and
therefore could not provide an appropriate placement for children with
disabilities. Another respondent pointed out that accommodations in
each home would need to be based on the needs of the individual
children enrolled. Finally two respondents recommended requiring that
Head Start and Early Head Start agency specialists be required to act
as resources for children with disabilities and their families.
Response. Head Start and Early Head Start agencies must make ten
percent of all enrollment opportunities available for children with
disabilities. The final rule references the Americans with Disabilities
Act, Section 504 of the Rehabilitation Act, and 45 CFR Part 1308, the
Head Start Performance Standards for Services to Children with
Disabilities which require that children's special needs be met in the
least restrictive possible environment. Grantees and delegates offering
the family child care program option must ensure the availability of a
setting among family child care homes as appropriate. The words ``as
appropriate'' were added at section 1306.35(a)(2)(i) to indicate that a
family child care home may be an appropriate setting for meeting the
special education and related service needs of a child with a diagnosed
disability.
Section 1306.35(a)(3)
In the proposed rule, this section required that Head Start family
child care homes provide sufficient indoor and outdoor space for
children to be supervised and participate in activities that foster
physical, emotional, and cognitive growth and development.
Comments. This section generated a number of responses. Several
recommended that clarification of the term ``sufficient space'' be
provided in the final rule. Respondents indicated concern about
providers who live in apartments being able to provide outdoor space
and possible conflicts between the Head Start regulation for Family
Child Care as a program option and State child care licensing
requirements.
Response. The language in the final rule was clarified to include
that at a minimum, Head Start Family Child Care option homes must meet
State licensing requirements for usable space. In the event the State
does not include specifications regarding space, agencies offering the
option must ensure that the available space is safe and adequate for
child development. There must be sufficient indoor space for individual
child and small group experiences to occur and the provider must have
access to safe outdoor areas where children can play. The nature of
outdoor space may vary considerably based on the child care home's
location, but agencies must ensure that children are protected from
hazards, are supervised at all times, and age appropriate experiences
are available.
Section 1306.35(a)(4)
Under the proposed rule, this section required that agencies
include Policy Councils in decisions to ``hire or terminate contracted
Head Start family child care teachers.''
Comments. Respondents strongly objected to this provision, pointing
out that the requirement would be inappropriate in contractual
situations.
Response. The final rule indicates that the Policy Council's
decision making role must be exercised at the point of including family
child care as a program option. Under the final rule, the Policy
Council will participate in hiring and termination decisions consistent
with 45 CFR 1304.50(d)(1)(xi). The section was also expanded to include
the required proportionate representation of the family child care
option on the Policy Council.
Section 1306.35(b)(1)
In the proposed rule, this section required that agencies offering
the family child care option have a plan in place to ensure the health
and safety of children and conduct at least one safety inspection of
each home each year. Further requirements regarding frequent
observations by the child development specialist policies and
procedures to correct identified concerns also were included.
Comments. Some respondents agreed that a safety plan should be
required, but recommended additional criteria for inspections. One
respondent indicated concern that requiring a grantee safety plan
applicable to family child care homes could compromise the capacity for
a contractual relationship with a provider.
Response. The final rule specifies that agencies offering the
family child care option must ensure the health and safety of children
enrolled. When an agency employs family child care providers directly,
it must establish written descriptions of health, safety, and emergency
policies and procedures.
[[Page 1293]]
When the family child care option is offered through contractual
arrangements with providers, the contracts must specify the provider's
obligations for ensuring the health and safety of children enrolled in
Head Start.
Section 1306.35(b)(2)(i)
This section of the proposed rule required that Head Start and
Early Head Start children enrolled in the family child care program
option be kept away from potentially hazardous situations, including,
sources of heat and appliances. It also stated that premises must be
free from health endangering pests.
Comments. Respondents strongly objected to what they read as a
prohibition against children's participation in cooking activities.
Several pointed out the value of kitchen experiences as related to
science and math learning. Others emphasized the developmental benefits
related to learning about good nutrition and health. One respondent
observed that kitchen appliances are present in all households and
banning all child access will fail to permit teaching about safety
around such appliances. One person indicated concern that the provision
contradicted what she is learning in her CDA classes. Finally, one
respondent suggested that providers should have a safety plan that
includes how children will safely participate in meal preparation.
Response. We agree that experiences in the kitchen can be
significant contributors to child development. It also is true that
virtually all children grow up with kitchen appliances in their homes.
We modified the language in the final rule to state that children
enrolled in the Head Start or Early Head Start Family Child Care Option
must be protected from potential hazards, including those posed by
appliances. We also specify that premises must be free of pests and
that chemicals used to control pests are not to be used during hours of
operation of the family child care home.
Section 1306.35(b)(ii)
This section required that smoke and carbon monoxide detectors be
installed in spaces occupied by children.
Comments. One respondent objected that carbon monoxide detectors
should not be required as they are too expensive. Another indicated
that required detectors should be provided by the grantee or delegate
agency at no charge to the provider. One respondent said the required
detectors should reflect the year of the home's construction. A company
that manufactures alarms asserted the need for the proper installation
and maintenance of alarms.
Response. While we appreciate concerns regarding cost, the safety
advantages of smoke and carbon monoxide detectors are well documented.
We continue to require the detectors under the final rule.
Section 1306.35(b)(iii)
Under the proposed rule, this section required radon detectors in
family child care homes where basements are devoted to the program.
Comments. There were three respondents to this section. One
objected on the grounds of cost, one objected because there is not a
commensurate requirement for Head Start centers, and the third said
that the grantee should have to pay for the detectors.
Response. The final rule was clarified to maintain the requirement
that radon detectors are required when family child care sites have
basements and the local health officials recommend the use of the
detectors.
Section 1306.35(b)(iv)
Under the proposed rule, this section required that children be
directly supervised at all times.
Comments. Respondents indicated that this provision would be
problematic as often only one provider is present with children and may
need to take care of a personal need which requires a temporary pause
in direct supervision.
Response. We clarified the final rule to emphasize that children
are supervised and kept safe at all times. Providers must be able to
assure the safety of any child not within view for any period.
Section 1306.35(b)(2)(v)
In the proposed rule, this section required ``enhanced
supervision'' when children are near a body of water or a source of
heat or when they are being transported.
Comments. Respondents indicated a need for clarification regarding
the meaning of this provision. For example, several respondents asked
for more explanation of ``enhanced supervision'' and one respondent
indicated that the term ``heat source'' is too vague.
Response. We clarified the final rule slightly to state that when
family child care is offered as a Head Start or Early Head Start
program option, providers must ensure the safety of children around any
body of water, road or other potential hazard, or if children are being
transported.
Section 1306.35(b)(vi)
This provision in the proposed rule required that all water hazards
be enclosed with a fence and safeguarded against access by children.
Comments. Respondents indicated varying amounts of agreement with
this section. Several emphasized the value of water as a teaching tool
and protested a complete prohibition to supervised access by children.
Some indicated that supervision is the key to water safety; others
recommended requiring locked gates and attendants trained in first aid
and cardiopulmonary resuscitation (CPR).
Response. The final rule clarifies that unsupervised access by
children to all water hazards are prevented by a fence.
Section 1306.35(b)(2)(vii)
This section stated in the proposed rule that no firearms or other
weapons shall be kept in space occupied by or accessible to children.
Comments. Respondents requested clarification about whether this
section would require removal of weapons from a child care home or
whether locking up weapons could satisfy the requirement.
Response. The provision was left unchanged in the final rule.
Providers must comply with State and local licensing regulations. If
those regulations permit weapons in the home, providers must ensure
that those weapons are kept out of areas occupied by children and that
they are absolutely inaccessible to children by any means.
Section 1306.35(b)(2)(viii)
In the proposed rule, this section required that alcohol and other
drugs not be consumed while children are present and are not accessible
to children at any time.
Comments. One respondent indicated that the final rule should
specify that smoking and prescription drugs are allowed. Others
suggested requiring that alcohol and drugs of any kind be kept in
locked cabinets or boxes.
Response. The final rule is unchanged. The statement that drugs and
alcohol not be accessible to children requires that providers
accomplish this through any necessary means, including keeping them in
locked containers or removing them from the premises. Every effort
should be made to avoid taking over the counter or prescription drugs
while children are in care. If a provider must use a prescription drug
while children are in care, the provider must prevent children from
accessing that drug. It
[[Page 1294]]
should be noted that the limitations regarding smoking that apply when
children are enrolled in center-based Head Start or Early Head Start
also apply when children are enrolled in the Head Start or Early Head
Start Family Child Care Option.
Section 1306.35(b)(2)(ix)
Under the program rules, this section required that domestic
animals be disease free, immunized, appropriately restrained and kept
from children.
Comments. A substantial number of respondents unanimously supported
the first three conditions, properly immunized, disease free, and
appropriately restrained animals, but opposed the requirement that
animals be ``kept from children.'' Some respondents indicated concern
that, as Head Start grantees, they would lose many of their family
child care partners if they required them to ``get rid of their family
pets.'' Many respondents stated the important role responsible
interaction with pets can have in the development of young children.
Others pointed out that pets reside in many early childhood classrooms.
One respondent stated that many family child care homes are on farms
and that animals can help withdrawn children. Another respondent
stressed that parents make the decision about placement for their
child, and if there is an objection to a pet at a home, another
provider can be identified.
Response. We agree that pets can play important roles in the lives
of young children. However, there are health and safety risks inherent
in a close association between pets and young children. These risks
vary according to the type of pet, the condition of its environment and
the safeguards established by a provider. We clarified the final rule
to state that providers must keep up to date health certificates signed
by a veterinarian for any pets which have contact with children. The
Head Start grantee or delegate agency must ensure that any pets
residing with family child care providers are appropriately managed to
ensure child safety at all times. The nature of pet safety measures
will vary in accordance with the type of animal involved. For example,
while some animals will need to be prevented from having any contact
with children, others may require making sure children wash their hands
after handling the animal. It should be noted that while child safety
is our paramount concern, the health and well-being of animals must
also be considered.
Section 1306.35(c)
In the proposed rule, this provision required that ``emergency
coverage plans'' be in place to ensure that a qualified substitute
provider is in place in the event the regular provider must leave due
to an emergency.
Comments. Several respondents recommended no change to this
section. Other respondents suggested it should be the grantee or
delegate agency's responsibility to provide coverage in the event of an
emergency.
Response. We have re-worded the provision to indicate that grantee
and delegate agencies offering the family child care program option
must ensure that providers have made plans of how they will notify
parents in the event of any emergency or unplanned interruption in
service. Such plans may include the use of alternate sites or
substitute providers. Parents must be informed that they may need to
pick their child up and arrange care if the child is ill or if an
emergency arises.
Section 1306.35(d)
This section of the proposed rule stated that grantees and
delegates must ensure that homes where Head Start or Early Head Start
family child care services are offered meet State, Tribal, and local
licensing requirements. When State, Tribal, and local regulations vary
from the Head Start Standards, the more stringent regulation shall
apply.
Comments. This provision elicited several comments. Two respondents
agreed unconditionally. One respondent suggested that grantees may need
to provide initial funding to bring family child care homes up to
licensable condition. One respondent pointed out that, if the
relationship is contractual, the grantee can require a family child
care license, but can't actually secure the license for the provider.
One respondent suggested that the Head Start requirement would increase
the workload for State licensing officials and they should be notified
in advance to begin preparation. The same respondent suggested that, in
States where there are no family child care licensing regulations, Head
Start grantees should perform inspections of family child care homes.
Response. The section remains unchanged in the final rule for
consistency with Head Start licensing requirements.
Section 1306.36
This section in the proposed rule asserted the continued right of
the Commissioner of the Administration on Children, Youth and Families
to fund alternative program variations.
Comments. There were five comments to this section. One respondent
indicated concern that the proposed regulations made no allowance for
existing Head Start family child care relationships. The other
respondents supported the idea of additional program variations to meet
unique community needs.
Response. The final rule remains unchanged. It is expected that
existing Head Start and Early Head Start family child care options will
be modified as necessary to meet the requirements of this rule. If
there are existing relationships that vary from the requirements of the
rule due to specific community needs, those programs can apply to the
Director of the Office of Head Start for approval as alternative
program variations or local program options.
Section 1306.37
This section of the proposed rule stipulated that any exception to
the requirements contained in sections 1306.32, 1306.33, 1306.34, and
1306.35 would only be granted if the Director of the Office of Head
Start determines that the grantee made a reasonable effort to comply
but was unable to do so because of limitations or circumstances of a
specific community or communities served by the grantee. This section
did not elicit any comments. The section remains unchanged in the final
rule.
V. Impact Analyses
Executive Order 12866
Executive Order 12866 requires that regulations be drafted to
ensure that there is consistency with the priorities and principles set
forth in the Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. This final
rule establishes a program option, which will not require grantees to
expend a significant amount of funds. Agencies choosing to operate this
program option will not incur significant costs exceeding those costs
incurred to deliver Head Start services in other program settings, such
as in center-based or home-based settings and options.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
the Federal government anticipate and reduce the impact of rules and
paperwork requirements on small businesses. For each rule with a
``significant economic impact on a substantial number of small
entities'' an analysis must be prepared describing
[[Page 1295]]
the rule's impact on small entities. Small entities are defined by the
Act to include small businesses, small nonprofit organizations and
small governmental entities. This rule will affect small entities.
In keeping with the goal of designing programs to meet community
and family needs, Head Start agencies have identified family child care
as a preferred option for parents who believe their children will
benefit from a home-like setting. Head Start agencies also have found
that family child care is a suitable option for parents who are working
or in training, or when families need care for more than one child.
While we have no measure at this point to estimate the number of
grantees that are small entities which will choose the family child
care option, we believe the number which will choose it will not be
significant at this time, given the newness of the option and diversity
of needs across the country. For this reason, the Secretary certifies
that this rule will not have a significant impact on substantial
numbers of small entities.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
Departments are required to submit to the Office of Management and
Budget (OMB) for review and approval any reporting or recordkeeping
requirements inherent in a proposed or final rule. This final rule does
not contain any information collection or recordkeeping requirements.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires that a covered agency prepare a budgetary impact
statement before promulgating a rule that includes any Federal mandate
that may result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year. If a covered agency must prepare a
budgetary impact statement, section 205 further requires that it select
the most cost-effective and least burdensome alternative that achieves
the objectives of the rule and is consistent with the statutory
requirements. In addition, section 205 requires a plan for informing
and advising any small government that may be significantly or uniquely
impacted by the proposed rule. We have determined that this final rule
will not impose a mandate that will result in the expenditure by State,
local, and Tribal governments, in the aggregate, or by the private
sector, of more than $100 million in any one year. Accordingly, we have
not prepared a budgetary impact statement, specifically addressed the
regulatory alternatives considered, or prepared a plan for informing
and advising any significantly or uniquely impacted small government.
Congressional Review of Rulemaking
This rule is not a ``major'' rule as defined in Chapter 8 of 5
U.S.C.
The Family Impact Requirement
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277, Div. A, section 101(h)) requires a family
impact assessment affecting family well-being.
Family Impact
Many parents, especially those from low-income families, work
during nontraditional hours, and their work schedules often change from
week to week. The Head Start family child care option will ensure the
availability of quality child care during both traditional and
nontraditional work hours. Head Start family child care also provides a
network that ensures training to increase the competence of the family
child care teacher as well as a system of back-up in the event that he
or she is unavailable. Allowing parents to place their Early Head Start
or Head Start children as well as school-age children in the care of
one provider will decrease the number of stops they must make to drop
children off prior to going to work. The availability of family child
care increases the choices available to parents by ensuring that their
children are well cared for, and ensures that parents are not
distracted from their work by worrying about the dependability and
quality of care being provided to their children. This will increase
family financial stability by enabling parents to secure and keep jobs.
Many low-income workers have minimal leave and little flexibility in
their work schedules and are unable to take time off to compensate for
unreliable care or to make numerous phone calls to ensure the safety
and well-being of their children. Head Start ensures a level of quality
care for children, as well as back-up systems, thereby promoting family
stability.
Executive Order 13132
Executive Order 13132 on Federalism applies to policies that have
Federalism implications, defined as ``regulations, legislative comments
or proposed legislation, and other policy statements or actions that
have substantial direct effects on the States, or on the distribution
of powers and responsibilities among the various levels of
government.'' This rule does not have Federalism implications for State
or local governments as defined in the Executive Order.
List of Subjects
45 CFR Part 1304
Dental health, Education of disadvantaged, Grant program--social
programs, Health care, Mental health programs, Nutrition, Reporting and
recordkeeping requirements.
45 CFR Part 1306
Education of disadvantaged, Grant program--social programs.
(Catalog of Federal Domestic Assistance Program Number 93.600,
Project Head Start)
Dated: January 26, 2007.
Daniel C. Schneider,
Acting Assistant Secretary for Children and Families.
Dated: September 20, 2007.
Michael O. Leavitt,
Secretary of Health and Human Services.
0
For the reasons set forth in the preamble, 45 CFR parts 1304 and 1306
are amended to read as follows:
PART 1304--PROGRAM PERFORMANCE STANDARDS FOR OPERATION OF HEAD
START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES
0
1. The authority citation for part 1304 continues to read as follows:
Authority: 42 U.S.C. 9801 et seq.
0
2. Amend Sec. 1304.52 by redesignating paragraphs (h) through (k) as
(i) through (l), and adding new paragraphs (h) and (l)(5) to read as
follows:
Sec. 1304.52 Human resource management.
* * * * *
(h) Family child care providers. (1) Head Start and Early Head
Start grantee and delegate agencies must ensure that family child care
providers have previous early child care experience and, at a minimum,
enroll in a Child Development Associate (CDA) program or an Associates
or Bachelor's degree program in child development or early childhood
education within six months of beginning service provision. In
addition, such grantee and delegate agencies must ensure that family
child care providers acquire the CDA credential or Associate's or
Bachelor's degree within two years of February 7, 2008 or, thereafter,
within two years of beginning service provision.
(2) Family child care providers who enroll Head Start children must
have the knowledge and skill necessary to
[[Page 1296]]
develop consistent, stable, and supportive relationships with young
children and their families, and sufficient knowledge to implement the
Head Start Performance Standards and other applicable regulations.
(3) Grantee and delegate agencies offering the family child care
option must ensure that closures of the family child care setting for
reasons of emergency are minimized and that providers work with parents
to establish alternate plans when emergencies do occur. Grantees and
delegates must also ensure that the family child care home advises
parents of planned closures due to vacation, routine maintenance, or
other reason well in advance.
(4) Substitute staff and assistant providers used in family child
care must have necessary training and experience to ensure the
continuous provision of quality services to children.
(5) At the time of hire, the child development specialist must
have, at a minimum, an Associate degree in child development or early
childhood education.
(6) Child development specialists must have knowledge and
experience in areas that include the theories and principles of child
growth and development, early childhood education (birth to age five),
and family support. Child development specialists must have previous
early childhood experience, familiarity with the Child Development
Associate (CDA) competency standards and knowledge and understanding of
the Head Start Program Performance Standards and other applicable
regulations.
* * * * *
(l) * * *
(5) In addition, grantee and delegate agencies offering the family
child care program option must make available to family child care
providers training on:
(i) Infant, toddler, and preschool age child development;
(ii) Implementation of curriculum (see Sec. 1304.3(a)(5) for the
definition of curriculum);
(iii) Skill development for working with children with
disabilities;
(iv) Effective communication with infants, toddlers, and
preschoolers and with their families;
(v) Safety, sanitation, hygiene, health practices and certification
in, at minimum, infant and child cardiopulmonary resuscitation (CPR);
(vi) Identifying and reporting suspected child abuse or neglect;
(vii) United States Department of Agriculture's Child and Adult
Care Food Program; and
(viii) Other areas necessary to increase the knowledge and skills
of the family child care providers.
* * * * *
PART 1306--HEAD START STAFFING REQUIREMENTS AND PROGRAM OPTIONS
0
1. The authority citation for part 1306 continues to read as follows:
Authority: 42 U.S.C. 9801 et seq.
0
2. Amend Sec. 1306.3 by adding new paragraphs (n), (o), and (p) to
read as follows:
Sec. 1306.3 Definitions.
* * * * *
(n) Family child care is care and education provided to children in
a private home or other family-like setting. Head Start family child
care means Head Start and Early Head Start comprehensive services
provided to a small group of children through their enrollment in
family child care.
(o) Family child care program option means Head Start and Early
Head Start and child care services provided to children receiving child
care primarily in the home of a family child care provider or other
family-like setting, such as space in a public housing complex which
has been licensed by the state and set aside specifically for the
provision of or purpose of providing family child care.
(p) Family child care provider means the provider of Early Head
Start or Head Start services in his or her place of residence or in
another family-like setting.
0
3. Amend Sec. 1306.20 by adding new paragraphs (g), (h), and (i), to
read as follows:
Sec. 1306.20 Program staffing patterns.
* * * * *
(g) Grantee and delegate agencies offering the family child care
program option must ensure that in each family child care home where
Head Start children are enrolled, the group size does not exceed the
limits specified in this paragraph. Whenever present, not at school or
with another care provider, the family child care provider's own
children under the age of six years must be included in the count.
(1) When there is one family child care provider, the maximum group
size is six children and no more than two of the six may be under two
years of age. When there is a provider and an assistant, the maximum
group size is twelve children with no more than four of the twelve
children under two years of age.
(2) One family child care provider may care for up to four infants
and toddlers, with no more than two of the four children under the age
of 18 months.
(3) Additional assistance or smaller group size may be necessary
when serving children with special needs who require additional care.
(h)(1) Grantee and delegate agencies offering the family child care
program option must provide support for family child care providers
through a child development specialist or other Head Start or delegate
agency staff member with responsibilities related to the provision of
comprehensive Head Start and Early Head Start services.
(2) The grantee or delegate agency will assign responsibilities to
the child development specialist and other agency staff to support and
ensure the provision of quality Head Start services at each family
child care home. These responsibilities must include both regular
announced and unannounced visits to each home. The duration and timing
of such visits will be planned in accordance with the needs of each
home but shall occur not less than once every two weeks.
(3) During visits to family child care homes the child development
specialist will periodically verify compliance with either contract
requirements or agency policy depending on the nature of the
relationship; facilitate ongoing communication between grantee or
delegate agency staff, family child care providers, and Head Start and
Early Head Start families; provide recommendations for technical
assistance; and support the family child care provider in developing
collegial or mentoring relationships with other child care
professionals.
(i) Head Start, Early Head Start and delegate agencies must ensure
that children in the Head Start family child care option receive
comprehensive services as specified in 45 CFR Parts 1304 and 1308.
0
4. Amend Sec. 1306.31 by revising paragraph (a) to read as follows:
Sec. 1306.31 Choosing a Head Start program option.
(a) Grantees may choose to implement one or more than one of four
program options: a center-based option, a home-based program option, a
combination program option, or a family child care option.
* * * * *
0
5. Sections 1306.35 and 1306.36 are redesignated as Sec. 1306.36 and
Sec. 1306.37, respectively, and revised, and a new Sec. 1306.35 is
added to read as follows:
[[Page 1297]]
Sec. 1306.35 Family child care program option.
(a) Grantee and delegate agency implementation. Grantee and
delegate agencies offering the family child care program option must:
(1) Hours of operation. Ensure that the family child care option,
whether provided directly or via contractual arrangement, operates
sufficient hours to meet the child care needs of families.
(2) Serving children with disabilities. (i) Ensure the availability
of family child care homes capable of serving children and families
with disabilities affecting mobility as appropriate; and
(ii) Ensure that children with disabilities enrolled in family
child care are provided services which support their participation in
the early intervention, special education, and related services
required by their individual family service plan (IFSP) or individual
education plan (IEP) and that the child's teacher has appropriate
knowledge, training, and support.
(3) Program Space-indoor and outdoor. Ensure that each family child
care home has sufficient indoor and outdoor space which is usable and
available to children. This space must be adequate to allow children to
be supervised and safely participate in developmentally appropriate
activities and routines that foster their cognitive, socio-emotional,
and physical development, including both gross and fine motor. Family
child care settings must meet State family child care regulations.
(4) Policy Council role. The Policy Council must approve or
disapprove the addition of family child care as a Head Start or Early
Head Start program option. When families are enrolled in the Head Start
or Early Head Start family child care program option, they must have
proportionate representation on the Policy Council or policy committee.
(b) Facilities. (1) Safety Plan. Grantees and delegate agencies
offering the family child care program option must ensure the health
and safety of children enrolled. The family child care home must have a
written description of its health, safety, and emergency policies and
procedures, and a system for routine inspection to ensure ongoing
safety.
(2) Injury prevention. Grantee and delegate agencies must ensure
that:
(i) Children enrolled in the Head Start family child care program
option are protected from potentially hazardous situations. Providers
must ensure that children are safe from the potential hazards posed by
appliances (stove, refrigerator, microwave, etc). Premises must be free
from pests and the use of chemicals or other potentially harmful
materials for controlling pests must not occur while children are on
premises.
(ii) Grantee and delegate agencies must ensure that all sites
attended by children enrolled in Head Start and Early Head Start are
equipped with functioning and properly located smoke and carbon
monoxide detectors.
(iii) Radon detectors are installed in family child care homes
where there is a basement and such detectors are recommended by local
health officials;
(iv) Children are supervised at all times. Providers must have
systems for assuring the safety of any child not within view for any
period (e.g. the provider needs to use the bathroom or an infant is
napping in one room while toddlers play in another room);
(v) Providers ensure the safety of children whenever any body of
water, road, or other potential hazard is present and when children are
being transported;
(vi) Unsupervised access by children to all water hazards, such as
pools or other bodies of water, are prevented by a fence;
(vii) There are no firearms or other weapons kept in areas occupied
or accessible to children;
(viii) Alcohol and other drugs are not consumed while children are
present or accessible to children at any time; and
(ix) Providers secure health certificates for pets to document up
to date immunizations and freedom from any disease or condition that
poses a threat to children's health. Family child care providers must
ensure that pets are appropriately managed to ensure child safety at
all times.
(c) Emergency plans. Grantee and delegate agencies offering the
family child care option must ensure that providers have made plans to
notify parents in the event of any emergency or unplanned interruption
of service. The provider and parent together must develop contingency
plans for emergencies. Such plans may include, but are not limited to,
the use of alternate providers or the availability of substitute
providers. Parents must be informed that they may need to pick the
child up and arrange care if the child becomes ill or if an emergency
arises.
(d) Licensing requirements. Head Start programs offering the family
child care option must ensure that family child care providers meet
State, Tribal, and local licensing requirements and possess a license
or other document certifying that those requirements have been met.
When State, Tribal, or local requirements vary from Head Start
requirements, the most stringent provision takes precedence.
Sec. 1306.36 Additional Head Start program option variations.
In addition to the center-based, home-based, combination programs,
and family child care options defined in this part, the Director of the
Office of Head Start retains the right to fund alternative program
variations to meet the unique needs of communities or to demonstrate or
test alternative approaches for providing Head Start services.
Sec. 1306.37 Compliance waiver.
An exception to one or more of the requirements contained in
Sec. Sec. 1306.32, 1306.33, 1306.34, and 1306.35 will be granted only
if the Director of the Office of Head Start determines, on the basis of
supporting evidence, that the grantee made a reasonable effort to
comply with the requirement but was unable to do so because of
limitations or circumstances of a specific community or communities
served by the grantee.
[FR Doc. E7-25462 Filed 1-7-08; 8:45 am]
BILLING CODE 4184-01-P