Authority
To be designated as a Head Start agency under this subchapter, an agency shall have authority under its charter or applicable law to receive and administer funds under this subchapter, funds and contributions from private or local public sources that may be used in support of a Head Start program, and funds under any Federal or State assistance program pursuant to which a public or private nonprofit or for-profit agency (as the case may be) organized in accordance with this subchapter, could act as grantee, contractor, or sponsor of projects appropriate for inclusion in a Head Start program. Such an agency shall also be empowered to transfer funds so received, and to delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities. The power to transfer funds and delegate powers shall include the power to make transfers and delegations covering component projects in all cases where this will contribute to efficiency and effectiveness or otherwise further program objectives.
Family and community involvement; family services
Program governance
Governing body
In general
The governing body shall have legal and fiscal responsibility for the Head Start agency.
Composition
Conflict of interest
Exception
Responsibilities
Policy council
In general
Consistent with paragraph (1)(E), each Head Start agency shall have a policy council responsible for the direction of the Head Start program, including program design and operation, and long- and short-term planning goals and objectives, taking into account the annual communitywide strategic planning and needs assessment and self-assessment.
Composition and selection
Conflict of interest
Responsibilities
Policy committees
Program governance administration
Impasse policies
Conduct of responsibilities
Training and technical assistance
Appropriate training and technical assistance shall be provided to the members of the governing body and the policy council to ensure that the members understand the information the members receive and can effectively oversee and participate in the programs of the Head Start agency.
Collaboration and coordination
Quality standards, curricula, and assessment
Funded enrollment; waiting list
Each Head Start agency shall enroll 100 percent of its funded enrollment and maintain an active waiting list at all times with ongoing outreach to the community and activities to identify underserved populations.
Technical assistance and training plan
section 9836a(c) of this titleIn order to receive funds under this subchapter, a Head Start agency shall develop an annual technical assistance and training plan. Such plan shall be based on the agency’s self-assessment, the communitywide strategic planning and needs assessment, the needs of parents and children to be served by such agency, and the results of the reviews conducted under .
Financial management
In order to receive funds under this subchapter, a Head Start agency shall document strong fiscal controls, including the employment of well-qualified fiscal staff with a history of successful management of a public or private organization.
Pub. L. 97–35, title VI, § 64295 Stat. 502Pub. L. 99–425, title I, § 103100 Stat. 966Pub. L. 101–501, title I, § 109104 Stat. 1231Pub. L. 102–401, § 2(i)106 Stat. 1957Pub. L. 103–252, title I, § 109108 Stat. 634Pub. L. 105–285, title I, § 109112 Stat. 2716Pub. L. 108–446, title III, § 305l118 Stat. 2806Pub. L. 110–134, § 9121 Stat. 1397Pub. L. 114–95, title IX, § 9215(nn)(3)129 Stat. 2177(, , ; , , ; , , ; , (k)(3), , , 1959; , , ; , , ; ()(4), , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 91–23084 Stat. 175section 1419 of Title 20section 1400 of Title 20The Individuals with Disabilities Education Act, referred to in subsecs. (b)(14), (15) and (e)(3), is title VI of , , . Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. Section 619 of the Act is classified to . For complete classification of this Act to the Code, see and Tables.
Pub. L. 97–35Pub. L. 101–508, title V, § 5082(2)104 Stat. 1388–236section 9857(a) of this titleThe Child Care and Development Block Grant Act of 1990, referred to in subsec. (e)(3), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of , as added by , , , which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see and Tables.
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of this titleThe Social Security Act, referred to in subsec. (e)(3), is , . Parts B and E of title IV of the Social Security Act are classified generally to parts B (§ 620 et seq.) and E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Pub. L. 100–77101 Stat. 482section 11301 of this titleThe McKinney-Vento Homeless Assistance Act, referred to in subsec. (e)(3), is , , . Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 114–95, § 9215(nn)(3)(A)20 U.S.C. 63812015—Subsec. (b)(4). , struck out “, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 ( et seq.)” after “local entities” in introductory provisions.
Pub. L. 114–95, § 9215(nn)(3)(B)20 U.S.C. 6381Subsec. (e)(3). , struck out “Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 ( et seq.),” before “programs under section 619”.
Pub. L. 110–1342007— amended section generally. Prior to amendment, section related to, in subsec. (a), receipt, administration, and transfer of funds, sponsorship of projects, and delegation of authority, in subsec. (b), participation of parents in decisionmaking and implementation of programs, in subsec. (c), coordination with other agencies, in subsec. (d), transition coordination with schools, and, in subsec. (e), assessment when hiring or evaluating classroom teachers.
Pub. L. 108–4462004—Subsec. (c). substituted “1431–1444” for “1431–1445”.
Pub. L. 105–285, § 109(1)1998—Subsec. (a). , inserted “or for-profit” after “nonprofit”.
Pub. L. 105–285, § 109(2)(E)Subsec. (b)(6). , added par. (6). Former par. (6) redesignated (7).
Pub. L. 105–285, § 109(2)(A)Subsec. (b)(6)(D) to (F). , struck out subpar. (D) which read as follows: “substance abuse counseling;” and further directed the amendment of par. (6) “by redesignating subparagraphs (E) and (F) and subparagraphs (D) and (E), respectively”, which was executed by redesignating subpars. (E) and (F) as (D) and (E), respectively, to reflect the probable intent of Congress.
Pub. L. 105–285, § 109(2)(D)Subsec. (b)(7). , redesignated par. (6) as (7). Former par. (7) redesignated (8).
Pub. L. 105–285, § 109(2)(D)Subsec. (b)(8). , (F), redesignated par. (7) as (8) and substituted “paragraphs (4) through (7)” for “paragraphs (4) through (6)”. Former par. (8) redesignated (9).
Pub. L. 105–285, § 109(2)(B), struck out “and” at end.
Pub. L. 105–285, § 109(2)(D)Subsec. (b)(9). , redesignated par. (8) as (9). Former par. (9) redesignated (10).
Pub. L. 105–285, § 109(2)(C), substituted “; and” for period at end.
Pub. L. 105–285, § 109(2)(D)Subsec. (b)(10). , redesignated par. (9) as (10).
Pub. L. 105–285, § 109(2)(G)Subsec. (b)(11). , added par. (11).
Pub. L. 105–285, § 109(3)20 U.S.C. 274142 U.S.C. 9858section 602(g) of this titleSubsec. (c). , inserted “and collaborate” after “shall coordinate” and “and programs under part C and section 619 of the Individuals with Disabilities Education Act (20 U.S.C 1431–1445, 1419)” after “( et seq.)” and substituted “the State program carried out under the Child Care and Development Block Grant Act of 1990 ( et seq.), and other early childhood education and development” for “, and other”.
Pub. L. 105–285, § 109(4)(A)Subsec. (d)(1). , substituted “take steps to ensure, to the maximum extent possible, that children maintain” for “carry out the actions specified in this subsection, to the extent feasible and appropriate in the circumstances (including the extent to which such agency is able to secure the cooperation of parents and schools) to enable children to maintain” and “build” for “to build” and inserted “and educational” after “developmental”.
Pub. L. 105–285, § 109(4)(B)Subsec. (d)(2), (3). , (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which related to coordination between Head Start agency and local education agency and schools.
Pub. L. 105–285, § 109(4)(C)Subsec. (d)(4). , redesignated par. (5) as (4). Former par. (4) redesignated (3).
Pub. L. 105–285, § 109(4)(D)section 9837a of this title42 U.S.C. 9855Subsec. (d)(4)(A). , substituted “” for “the Head Start Transition Project Act ( et seq.)”.
Pub. L. 105–285, § 109(4)(C)Subsec. (d)(5). , redesignated par. (5) as (4).
Pub. L. 105–285, § 109(5)Subsec. (e). , added subsec. (e).
Pub. L. 103–252, § 109(1)section 9846(b) of this title1994—Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In order to be so designated, a Head Start agency must also (1) establish effective procedures by which parents and area residents concerned will be enabled to directly participate in decisions that influence the character of programs affecting their interests; (2) provide for their regular participation in the implementation of such programs; (3) provide technical and other support needed to enable parents and area residents to secure on their own behalf available assistance from public and private sources; (4) involve parents of children participating in its Head Start program in appropriate educational services (in accordance with the performance standards in effect upon or through referral of such parents to educational services available in the community) in order to aid their children to attain their full potential; (5) establish procedures to seek reimbursement, to the extent feasible, from other agencies for services for which any such other agency is responsible, which are provided to a Head Start participant by the Head Start agency; (6) provide (directly or through referral to educational services available in the community) parents of children participating in its Head Start program with child development and literacy skills training in order to aid their children to attain their full potential; and (7) consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources.”
Pub. L. 103–252, § 109(2)20 U.S.C. 2741Subsec. (c). , struck out “schools that will subsequently serve children in Head Start programs,” after “coordinate with” and inserted “, including Even Start programs under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 ( et seq.),” after “other programs”.
Pub. L. 103–252, § 109(3)Subsec. (d). , added subsec. (d).
Pub. L. 102–401, § 2(i)1992—Subsec. (b)(6), (7). , added cls. (6) and (7).
Pub. L. 102–401, § 2(k)(3)Subsec. (c). , substituted “subchapter” for “subtitle”.
Pub. L. 101–501, § 109(1)1990—Subsec. (b)(4), (5). , added cl. (4) and redesignated former cl. (4) as (5).
Pub. L. 101–501, § 109(2)section 602(g) of this titleSubsec. (c). , substituted “with schools that will subsequently serve children in Head Start programs, the State agency responsible for administering , and other programs serving the children and families served by the Head Start agency to carry out the provisions of this subtitle” for “with other State and local programs serving the children in the Head Start agency to carry out the provisions of this subsection”.
Pub. L. 99–4251986—Subsec. (c). inserted “State and local” before “programs”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.
Effective Date of 1994 Amendment
Pub. L. 103–25242 U.S.C. 9831section 127 of Pub. L. 103–252section 9832 of this titleAmendment by effective , but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act ( et seq.) until , see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–401section 4 of Pub. L. 102–401section 9835 of this titleAmendment by effective , but not applicable with respect to fiscal years beginning before , see , set out as a note under .
Effective Date of 1990 Amendment
Pub. L. 101–501section 1001(a) of Pub. L. 101–501section 8621 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–425section 1001 of Pub. L. 99–425section 8621 of this titleAmendment by effective , see , set out as a note under .