[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1302.21]



[Page 101]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1302_POLICIES AND PROCEDURES FOR SELECTION, INITIAL FUNDING, AND 

REFUNDING OF HEAD START GRANTEES, AND FOR SELECTION OF REPLACEMENT 

GRANTEES--Table of Contents

 

Subpart C_Change in Grantee Requiring Amendment of Approved Application 

                  or Replacement of Head Start Program

 

Sec. 1302.21  Grantee shows legal status but not financial viability.



    (a) If a grantee shows legal status but impaired financial viability 

the responsible HHS official will entertain a timely request for 

amendment of the grantee's approved application which restores the 

grantee's financial viability either by a reduction in the program which 

produces minimum disruption to services and functions, or by an 

amendment which incorporates essential functions and services not 

previously funded as part of the total cost of the Head Start program, 

and, therefore, requires an increase in the amount of the Head Start 

grant but which will not result in a Federal share of the total cost of 

the Head Start program in excess of the percentage authorized by the Act 

or applicable regulations. In considering such a request which includes 

an increase in the Head Start grant the responsible HHS official will 

take into account the funds available to him for obligation and whether 

the proposed increase is consistent with that distribution of Head Start 

funds which:

    (1) Maximizes the number of childen served within his area of 

responsibility, or in the case of experimental or demonstration 

programs, the experimental or demonstration benefits to be achieved, and

    (2) Maintains approximately the same distribution of Head Start 

program funds to States as exist during the fiscal year in which his 

decision is made.

    (b) A request for amendment will be considered to be timely if it is 

included with the written submittal required by Sec. 1302.20(a) of this 

part, submitted within 30 days after receiving the notice required by 

Sec. 1302.20(b) of this part, or submitted as a part of a timely 

application for refunding.

    (c) The grantee will be notified in writing by the responsible HHS 

official within 30 days after submission of the requested amendment of 

the decision to approve or disapprove the requested amendment. If the 

requested amendment is disapproved the notice will contain a statement 

of the reasons for disapproval.