[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1305.7]

[Page 149-150]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1305_ELIGIBILITY, RECRUITMENT, SELECTION, ENROLLMENT AND ATTENDANCE 
IN HEAD START--Table of Contents
 
Sec. 1305.7  Enrollment and re-enrollment.

    (a) Each child enrolled in a Head Start program, except those 
enrolled in a migrant program, must be allowed to remain in Head Start 
until kindergarten or first grade is available for the child in the 
child's community, except that the Head Start program may choose not to 
enroll a child when there are compelling reasons for the child not to 
remain in Head Start, such as when there is a change in the child's 
family income and there is a child with a greater need for Head Start 
services.
    (b) A Head Start grantee must maintain its funded enrollment level. 
When a program determines that a vacancy

[[Page 150]]

exists, no more than 30 calendar days may elapse before the vacancy is 
filled. A program may elect not to fill a vacancy when 60 calendar days 
or less remain in the program's enrollment year.
    (c) If a child has been found income eligible and is participating 
in a Head Start program, he or she remains income eligible through that 
enrollment year and the immediately succeeding enrollment year. Children 
who are enrolled in a program receiving funds under the authority of 
section 645A of the Head Start Act (programs for families with infants 
and toddlers, or Early Head Start) remain income eligible while they are 
participating in the program. When a child moves from a program serving 
infants and toddlers to a Head Start program serving children age three 
and older, the family income must be reverified. If one agency operates 
both an Early Head Start and a Head Start program, and the parents wish 
to enroll their child who has been enrolled in the agency's Early Head 
Start program, the agency must ensure, whenever possible, that the child 
receives Head Start services until enrolled in school.

[57 FR 46725, Oct. 9, 1992, as amended at 63 FR 12658, Mar. 16, 1998]