[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1305.6]

[Page 149]
 
                        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 
 
Sec.  1305.6  Selection process.

    (a) Each Head Start program must have a formal process for 
establishing selection criteria and for selecting children and families 
that considers all eligible applicants for Head Start services. The 
selection criteria must be based on those contained in paragraphs (b) 
and (c) of this section.
    (b) In selecting the children and families to be served, the Head 
Start program must consider the income of eligible families, the age of 
the child, the availability of kindergarten or first grade to the child, 
and the extent to which a child or family meets the criteria that each 
program is required to establish in Sec.  1305.3(c)(6). Migrant programs 
must also give priority to children from families whose pursuit of 
agricultural work required them to relocate most frequently within the 
previous two-year period.
    (c) At least 10 percent of the total number of enrollment 
opportunities in each grantee and each delegate agency during an 
enrollment year must be made available to children with disabilities who 
meet the definition for children with disabilities in Sec.  1305.2(a). 
An exception to this requirement will be granted only if the responsible 
HHS official determines, based on such supporting evidence he or she may 
require, that the grantee made a reasonable effort to comply with this 
requirement but was unable to do so because there was an insufficient 
number of children with disabilities in the recruitment area who wished 
to attend the program and for whom the program was an appropriate 
placement based on their Individual Education Plans (IEP) or 
Individualized Family Service Plans (IFSP), with services provided 
directly by Head Start or Early Head Start in conjunction with other 
providers.
    (d) Each Head Start program must develop at the beginning of each 
enrollment year and maintain during the year a waiting list that ranks 
children according to the program's selection criteria to assure that 
eligible children enter the program as vacancies occur.

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