[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1304.60]



[Page 144-145]

 

                        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 E_Implementation and Enforcement

 

Sec.  1304.60  Deficiencies and quality improvement plans.





    (a) Early Head Start and Head Start grantee and delegate agencies 

must comply with the requirements of this part in accordance with the 

effective date set forth in 45 CFR 1304.2.

    (b) If the responsible HHS official, as a result of information 

obtained from a review of an Early Head Start or a Head Start grantee, 

determines that the grantee has one or more deficiencies, as defined in 

Sec.  1304.3(a)(6) of this part, and therefore also is in violation of 

the minimum requirements as defined in Sec.  1304.3(a)(14) of this part, 

he or she will notify the grantee promptly, in writing, of the finding, 

identifying the deficiencies to be corrected and, with respect to each 

identified deficiency, will inform the grantee that it must correct the 

deficiency either immediately or pursuant to a Quality Improvement Plan.

    (c) An Early Head Start or Head Start grantee with one or more 

deficiencies to be corrected under a Quality Improvement Plan must 

submit to the responsible HHS official a Quality Improvement Plan 

specifying, for each identified deficiency, the actions that the grantee 

will take to correct the deficiency and the timeframe within which it 

will be corrected. In no case can the timeframes proposed in the Quality 

Improvement Plan exceed one year from the date that the grantee received 

official notification of the deficiencies to be corrected.

    (d) Within 30 days of the receipt of the Quality Improvement Plan, 

the responsible HHS official will notify the Early Head Start or Head 

Start grantee, in writing, of the Plan's approval or specify the reasons 

why the Plan is disapproved.

    (e) If the Quality Improvement Plan is disapproved, the Early Head 

Start or Head Start grantee must submit a revised Quality Improvement 

Plan, making the changes necessary to address the reasons that the 

initial Plan was disapproved.

    (f) If an Early Head Start or Head Start grantee fails to correct a 

deficiency, either immediately, or within the timeframe specified in the 

approved Quality Improvement Plan, the responsible HHS official will 

issue a letter of termination or denial of refunding. Head Start 

grantees may appeal terminations and denials of refunding under 45 CFR 

part 1303, while Early Head Start grantees may appeal terminations and 

denials of refunding only under 45 CFR part 74 or part 92. A deficiency 

that is not timely corrected shall be a material failure of a grantee to 

comply with the terms and conditions of an award within the meaning



[[Page 145]]



of 45 CFR 74.61(a)(1), 45 CFR 74.62 and 45 CFR 92.43(a).



(The information and collection requirements are approved by the Office 

of Management and Budget (OMB) under OMB Control Number 0970-0148 for 

paragraphs (b) and (c).)



[61 FR 57210, Nov. 5, 1996, as amended at 63 FR 2314, Jan. 15, 1998]