[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: 45CFR1304.3]



[Page 120-121]

 

                        TITLE 45--PUBLIC WELFARE

 

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

                           AND HUMAN SERVICES

 

PART 1304_PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD 

START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES--Table of Contents

 

                            Subpart A_General

 

Sec. 1304.3  Definitions.



    (a) As used in this part:

    (1) Assessment means the ongoing procedures used by appropriate 

qualified personnel throughout the period of a child's eligibility to 

identify:

    (i) The child's unique strengths and needs and the services 

appropriate to meet those needs; and

    (ii) The resources, priorities, and concerns of the family and the 

supports and services necessary to enhance the family's capacity to meet 

the developmental needs of their child.

    (2) Children with disabilities means, for children ages 3 to 5, 

those with mental retardation, hearing impairments including deafness, 

speech or language impairments, visual impairments including blindness, 

serious emotional disturbance, orthopedic impairments, autism, traumatic 

brain injury, other health impairments, specific learning disabilities, 

deaf-blindness, or multiple disabilities, and who, by reason thereof, 

need special education and related services. The term ``children with 

disabilities'' for children aged 3 to 5, inclusive, may, at a State's 

discretion, include children experiencing developmental delays, as 

defined by the State and as measured by appropriate diagnostic 

instruments and procedures, in one or more of the following areas: 

Physical development, cognitive development, communication development, 

social or emotional development, or adaptive development; and who, by 

reason thereof, need special education and related services. Infants and 

toddlers with disabilities are those from birth to three years, as 

identified under the Part H Program (Individuals with Disabilities 

Education Act) in their State.

    (3) Collaboration and collaborative relationships:

    (i) With other agencies, means planning and working with them in 

order to improve, share and augment services, staff, information and 

funds; and

    (ii) With parents, means working in partnership with them.

    (4) Contagious means capable of being transmitted from one person to 

another.

    (5) Curriculum means a written plan that includes:

    (i) The goals for children's development and learning;

    (ii) The experiences through which they will achieve these goals;

    (iii) What staff and parents do to help children achieve these 

goals; and

    (iv) The materials needed to support the implementation of the 

curriculum. The curriculum is consistent with the Head Start Program 

Performance Standards and is based on sound child development principles 

about how children grow and learn.

    (6) Deficiency means:

    (i) An area or areas of performance in which an Early Head Start or 

Head Start grantee agency is not in compliance with State or Federal 

requirements, including but not limited to, the Head Start Act or one or 

more of the regulations under parts 1301, 1304, 1305, 1306 or 1308 of 

this title and which involves:

    (A) A threat to the health, safety, or civil rights of children or 

staff;

    (B) A denial to parents of the exercise of their full roles and 

responsibilities related to program governance;

    (C) A failure to perform substantially the requirements related to 

Early Childhood Development and Health Services, Family and Community 

Partnerships, or Program Design and Management; or

    (D) The misuse of Head Start grant funds.

    (ii) The loss of legal status or financial viability, as defined in 

part 1302 of this title, loss of permits, debarment from receiving 

Federal grants or contracts or the improper use of Federal funds; or

    (iii) Any other violation of Federal or State requirements 

including, but not limited to, the Head Start Act or one or more of the 

regulations under parts 1301, 1304, 1305, 1306 or 1308 of this title, 

and which the grantee has shown an unwillingness or inability to correct 

within the period specified by the responsible HHS official, of which 

the responsible HHS official has given the grantee written notice of 

pursuant to section 1304.61.



[[Page 121]]



    (7) Developmentally appropriate means any behavior or experience 

that is appropriate for the age span of the children and is implemented 

with attention to the different needs, interests, and developmental 

levels and cultural backgrounds of individual children.

    (8) Early Head Start program means a program that provides low-

income pregnant women and families with children from birth to age 3 

with family-centered services that facilitate child development, support 

parental roles, and promote self-sufficiency.

    (9) Family means for the purposes of the regulations in this part 

all persons:

    (i) Living in the same household who are:

    (A) Supported by the income of the parent(s) or guardian(s) of the 

child enrolling or participating in the program; or

    (B) Related to the child by blood, marriage, or adoption; or

    (ii) Related to the child enrolling or participating in the program 

as parents or siblings, by blood, marriage, or adoption.

    (10) Guardian means a person legally responsible for a child.

    (11) Health means medical, dental, and mental well-being.

    (12) Home visitor means the staff member in the home-based program 

option assigned to work with parents to provide comprehensive services 

to children and their families through home visits and group 

socialization activities.

    (13) Individualized Family Service Plan (IFSP) means a written plan 

for providing early intervention services to a child eligible under Part 

H of the Individuals with Disabilities Education Act (IDEA). (See 34 CFR 

303.340-303.346 for regulations concerning IFSPs.)

    (14) Minimum requirements means that each Early Head Start and Head 

Start grantee must demonstrate a level of compliance with Federal and 

State requirements such that no deficiency, as defined in this part, 

exists in its program.

    (15) Policy group means the formal group of parents and community 

representatives required to be established by the agency to assist in 

decisions about the planning and operation of the program.

    (16) Program attendance means the actual presence and participation 

in the program of a child enrolled in an Early Head Start or Head Start 

program.

    (17) Referral means directing an Early Head Start or Head Start 

child or family member(s) to an appropriate source or resource for help, 

treatment or information.

    (18) Staff means paid adults who have responsibilities related to 

children and their families who are enrolled in Early Head Start or Head 

Start programs.

    (19) Teacher means an adult who has direct responsibility for the 

care and development of children from birth to 5 years of age in a 

center-based setting.

    (20) Volunteer means an unpaid person who is trained to assist in 

implementing ongoing program activities on a regular basis under the 

supervision of a staff person in areas such as health, education, 

transportation, nutrition, and management.

    (b) In addition to the definitions in this section, the definitions 

as set forth in 45 CFR 1301.2, 1302.2, 1303.2, 1305.2, 1306.3, and 

1308.3 also apply, as used in this part.