For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33968 ------------------------------------------------------------------------------ Order Code RL33968 Head Start Reauthorization: A Side-by-Side Comparison of House- and Senate-Passed Versions of H.R. 1429 and Current Law Updated November 13, 2007 Melinda Gish Specialist in Social Policy Domestic Social Policy Division Head Start Reauthorization: A Side-by-Side Comparison of House- and Senate-Passed Versions of H.R. 1429 and Current Law Summary Head Start, a federal program that has provided comprehensive early childhood development services to low-income children since 1965, was last reauthorized in 1998 for fiscal years 1999-2003. The program has remained funded in subsequent years through the annual appropriations process. After unsuccessful efforts by the past two Congresses to complete the reauthorization process, efforts to do so are underway in the 110th Congress. The House and Senate have each passed their own version of a reauthorization bill (H.R. 1429), and on November 9, 2007, conferees filed a conference report (H.Rept. 110-439). This report does not yet reflect the provisions included in the conference agreement. The Improving Head Start Act of 2007 (H.R. 1429) was introduced by Representative Kildee on March 9, 2007. The following week, the House Committee on Education and Labor debated, amended, and approved the bill (42-1), and the committee's written report accompanying the legislation (H.Rept. 110-67) was filed on March 23, 2007. That bill was taken to the House floor on May 2, and was approved (with nine amendments) by a vote of 365-48. The Head Start for School Readiness Act (S. 556) was introduced by Senator Kennedy on February 12, 2007, and approved via voice vote by the Senate Committee on Health, Education, Labor, and Pensions (HELP) on February 14. The Chairman's amended version of the bill was subsequently reported on March 29, 2007, with a written report (S.Rept. 110-49) filed April 10, 2007. On June 19, under unanimous consent, the full Senate passed the committee's bill, with a few technical changes, under the House bill number (H.R. 1429). Both reauthorization bills amend Head Start with the goal of improving the program's ability to promote low-income children's school readiness by supporting their cognitive, social, emotional, and physical development. The means for doing so encompass a wide range of provisions, covering issues of program funding, administration, eligibility, accountability, quality, governance, and coordination. Authorization levels for funding would be increased above current funding amounts by both bills, and eligibility would be expanded to allow for serving children up to 130% of the poverty line. Both bills include provisions that would increase competition for Head Start grants, by limiting the period for which a grantee may receive grant funds to five years, before recompetition may be required. Other similarities include increasing the percentage of the appropriation to be reserved for Early Head Start; emphasizing coordination and collaboration with other state and local early childhood programs; increasing staff qualifications; specifying requirements of shared governance principles in statute; and suspending use of the National Reporting System. Although the overall areas addressed by the two reauthorization bills are similar, a side-by-side comparison of provisions, alongside current law, reveals notable differences in detail. The table does not reflect the provisions agreed to in conference. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Overview of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Program Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Detailed Comparison of Provisions Included in Head Start Reauthorization Bills with Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SEC. 635. SHORT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SEC. 636. STATEMENT OF PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SEC. 638. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS . . 11 Time Period for Providing Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SEC. 639. AUTHORIZATION OF APPROPRIATIONS . . . . . . . . . . . . . . . . 11 Authorization of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SEC. 640. ALLOTMENT OF FUNDS; LIMITATION ON ASSISTANCE . . . 12 Allotments Within the 13% Set-Aside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Hold Harmless Provision for Indian, Migrant and Seasonal Head Start Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Designated Percentage of Funding for Migrant and Seasonal Head Start Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Designated Percentage of Funding for Indian Head Start Programs . . 13 Funding for Palau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Set-Aside for Training and Technical Assistance . . . . . . . . . . . . . . . . 13 Limitation on Expansion or Creation of "Slots or Services" in Non-Indian and Non-Migrant/Seasonal Programs . . . . . . . . . . . . . . . 15 Excess Funding for Quality Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Quality Improvement Fund: Goals and Activities . . . . . . . . . . . . . . . . . . . . 16 Allotments to States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Hold Harmless for States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Distribution of Funds Remaining After the Hold Harmless . . . . . . . . 17 Collaboration Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Collaboration Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Requirements of Collaboration Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Responsibilities of State Director of Head Start Collaboration . . . . . . . . . . 19 Early Head Start Allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Factors for Allocating Funds to Grantee Applicants Within a State . . . . . . 20 Service Delivery Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Negotiation of Reduced Funded Enrollment Levels . . . . . . . . . . . . . . . . . . 21 Transportation Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Meeting Needs of Children of Migrant and Seasonal Farmworkers and of Indian Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Annual Consultation Between Secretary and Tribal Governments Operating Head Start/ehs Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Enrollment of Homeless Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Head Start Materials and Curricula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SEC. 641 DESIGNATION OF HEAD START AGENCIES . . . . . . . . . . . . . . . 24 Eligible Designees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Designation of Head Start Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Application Review System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Composition of Expert Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Report from Expert Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Public Comment on Proposed Review System . . . . . . . . . . . . . . . . . . . . . . 26 Considerations in Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Designation When No Entity Has Priority . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Priority to Nonprofit Agencies in Cases of Equal Quality Applicants . . . . 28 SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS . . . . . . . . . . . . . . . . . . . . 29 Education Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Standards for Condition and Location of Head Start Facilities . . . . . . . . . . 29 Considerations in Developing Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Characteristics of Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Use of Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Evaluations and Corrective Actions for Delegate Agencies . . . . . . . . . . . . 33 Use of National Reporting System (NRS) . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Monitoring of Local Agencies and Programs . . . . . . . . . . . . . . . . . . . . . . . 35 Procedures for Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Conduct of Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Content of Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Use of Review Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Training for Reviewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Quality and Consistency of Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Agency Responsibility with Respect to Approving a Program's Quality Improvement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Self-Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Use of "Enrollment" Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Enrollment Reporting Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Reduction of Grants (And Redistribution of Funds) in Cases of Under-Enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Secretarial Action for Continued Under-enrollment . . . . . . . . . . . . . . . . . . 40 Redistribution of Recaptured Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Contract with Nonprofit Intermediary Organization . . . . . . . . . . . . . . . . . . 41 NEWLY PROPOSED: SEC. 641B CENTERS OF EXCELLENCE IN EARLY CHILDHOOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES . . . 44 Program Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Composition of Governing Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Responsibilities of Governing Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Composition of Policy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Responsibilities of Policy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Impasse Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Parental Involvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Evaluating Effectiveness of Transition Projects . . . . . . . . . . . . . . . . . . . . . 48 Implementing Research-Based Early Childhood Curricula . . . . . . . . . . . . . 49 Use of Research-Based Assessment Methods . . . . . . . . . . . . . . . . . . . . . . . 49 Funded Enrollment and Waiting List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Technical Assistance and Training Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Financial Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 SEC. 642A. HEAD START TRANSITION . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Steps for Coordinating Head Start with LEA and Elementary Schools . . . . 51 NEWLY PROPOSED SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION . . . . . . . . . . . 52 Local Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Memoranda of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Reasons for Failing to Enter into MOU . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Consequences for Failing to Enter into MOU . . . . . . . . . . . . . . . . . . . . . . . 54 Statewide Integration through Early Learning Collaboration Grants . . . . . . 54 State Early Learning Council (SELC)/State Advisory Council (SAC) . . . . 54 Purpose of SELC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Funding for SELC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 SEC. 643. SUBMISSION OF PLANS TO GOVERNORS . . . . . . . . . . . . . . . . 56 Time Period for State Governors' Approval of Plans . . . . . . . . . . . . . . . . . 56 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 SEC. 644. ADMINISTRATIVE REQUIREMENTS AND STANDARDS . . . 57 Annual Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Purchase of Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 SEC. 645. PARTICIPATION IN HEAD START PROGRAMS . . . . . . . . . . . 58 Income Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Eligibility of Homeless Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Expansion of Services for Infants and Toddlers . . . . . . . . . . . . . . . . . . . . . 59 Military Pay and Allowances Not Counted as Income . . . . . . . . . . . . . . . . 59 Part-Day Session Participation Versus Full-Day . . . . . . . . . . . . . . . . . . . . . 59 SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND TODDLERS . . . . . . . . . . . . . . . . . . . . 60 Scope and Design of Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Professional Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 EHS Training and Technical Assistance Account . . . . . . . . . . . . . . . . . . . . 61 EHS Staff Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 NEWLY PROPOSED SEC. 645B (and 657A) PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES, INCLUDING NON-EMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS . . . . . 62 SEC. 646. APPEALS, NOTICE, AND HEARING . . . . . . . . . . . . . . . . . . . . . . 62 Right to Full and Fair Hearing in Cases of Funding Termination and Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Coverage of Legal Fees in Cases of Appeal . . . . . . . . . . . . . . . . . . . . . . . . 63 Suspension of Funds for More than 30 Days . . . . . . . . . . . . . . . . . . . . . . . . 63 SEC. 647. RECORDS AND AUDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Record Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 SEC. 648. TECHNICAL ASSISTANCE AND TRAINING . . . . . . . . . . . . . . . 65 Regional or State System of Early Childhood Education Training and Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Purpose of Training and Technical Assistance . . . . . . . . . . . . . . . . . . . . . . 65 Classroom-Focused Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Training for Addressing Unique Needs of Select Head Start Children and Families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Limitation on Use of Funds for Travel and Training . . . . . . . . . . . . . . . . . . 66 Outreach Program to Train and Recruit Minority Men as Head Start Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Use of Funds for Pre-Literacy Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Assessing the Migrant and Seasonal and American Indian Population's Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Report of Findings on Migrant and Seasonal as well as American Indian Population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Establishing Contracts for Delivering a State-Based Training and Technical Assistance System . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 On-line Graduate-Level Professional Development Program . . . . . . . . . . . . 0 Tribal Colleges and Hispanic-serving Institutions Career Ladder Demonstration Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Historically Black Colleges and Universities - Head Start Partnerships . . . 69 SEC. 648A. STAFF QUALIFICATIONS AND DEVELOPMENT . . . . . . . . . 69 Degree Requirements for Teachers (Nationwide) . . . . . . . . . . . . . . . . . . . . 69 Degree Requirements for Teachers (Statewide) . . . . . . . . . . . . . . . . . . . . . 70 Alternative Credentialing Requirement -- Teach for America . . . . . . . . . . 70 Degree Requirements for Head Start Curriculum Specialists and Education Coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Degree Requirements for Teaching Assistants . . . . . . . . . . . . . . . . . . . . . . 71 Teacher In-Service Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Progress Report to Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Requirement for New Head Start Teachers . . . . . . . . . . . . . . . . . . . . . . . . . 72 Service Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Professional Development Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Criminal Background Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Student Loan Forgiveness Program for Head Start and Early Head Start Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 NEWLY PROPOSED SEC. 648B. TRIBAL COLLEGES AND UNIVERSITIES HEAD START PARTNERSHIP . . . . . . . . . . . . . . . . . . 75 SEC. 649. RESEARCH, DEMONSTRATIONS, AND EVALUATION . . . . . 75 Use of Survey of Income and Program Participation (SIPP), the National Longitudinal Survey of Youth (NLSY), and the Survey of Program Dynamics (SPD) for Analysis . . . . . . . . . 75 Study and Report on Services to LEP Children and Families . . . . . . . . . . . 75 Study of Status of Head Start Participants in Hurricane-Affected Areas . . 76 SEC. 650 REPORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Expenditure Report on Set-asides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Fiscal Protocol Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Report Tracking Use of Individual Education Plans . . . . . . . . . . . . . . . . . . 77 SEC. 653. WAGES AND COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . 78 Federal Rate Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 NEWLY PROPOSED SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 SEC. 656. POLITICAL ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 List of Tables Table 1. Comparison of Current Law (and Regulations, if Applicable) with House- and Senate-Passed Versions of H.R. 1429 . . . . . . . . . . . . . . . . 6 Head Start Reauthorization: A Side-by-Side Comparison of House- and Senate-Passed Versions of H.R. 1429 and Current Law Introduction Head Start, a federal program that has provided comprehensive early childhood development services to low-income children since 1965, was last reauthorized in 1998 for fiscal years 1999-2003. The program has remained alive in subsequent years through the annual appropriations process. After unsuccessful efforts by the 108th and 109th Congresses to complete the reauthorization process, the 110th Congress has undertaken the task.1 The House and Senate have each passed its own version of a reauthorization bill, the Senate version adopting the House bill's number (H.R. 1429) and representing only a slightly modified version of the bill reported by the Senate Health, Education, Labor, and Pensions Committee (S. 556). On November 9, 2007, House and Senate conferees filed a conference report (H.Rept. 110-439). This report does not yet reflect the provisions contained in that agreement. The Improving Head Start Act of 2007 (H.R. 1429) was introduced by Representative Kildee on March 9, 2007. The following week, the House Committee on Education and Labor debated, amended, and approved the bill (42-1), and the committee's written report accompanying the legislation (H.Rept. 110-67) was filed on March 23, 2007. That bill was taken to the House floor on May 2, and was approved (with nine amendments) by a vote of 365-48. Twelve amendments in total were offered on the floor, in addition to a motion to recommit (which was rejected). The Head Start for School Readiness Act (S. 556) was introduced by Senator Kennedy on February 12, 2007, and approved via voice vote by the Senate Committee on Health, Education, Labor, and Pensions (HELP) on February 14. The Chairman's amended version of the bill was subsequently reported on March 29, 2007; a written report (S.Rept. 110-49) was filed April 10, 2007. On June 19, the Senate passed (by voice vote under a unanimous consent agreement) its bill, adopting the bill number of the reauthorization bill that passed the House (H.R. 1429), but substituting its own committee-reported bill language of S. 556 (with a few technical changes). 1 For additional background information on the Head Start program and reauthorization activity, see CRS Report RL30952, Head Start: Background and Issues, by Melinda Gish. CRS-2 Overview of Provisions Both reauthorization bills propose to amend Head Start with the purpose of improving the program's ability to promote low-income children's school readiness by supporting their cognitive, social, emotional, and physical development. The means for doing so encompass a wide range of provisions, covering issues of program funding, administration, eligibility, accountability, quality, governance, and coordination. Below is an overview of broad areas addressed in the proposed legislation, followed by Table 1, a detailed side-by-side comparison of each bill's provisions with current law (and, where relevant, current regulations). The areas listed below are not intended to encompass every provision included in each of the respective bills, but rather major areas addressed. The table does not reflect the provisions agreed to in conference. Funding Despite the expiration of authorizing language, the Head Start program has continued to receive its funding through the annual appropriations process, most recently (FY2007) at a level of almost $6.9 billion. From FY1995-FY2003, the Head Start Act authorized funding Head Start at an unspecified dollar amount -- "such sums as may be necessary." The reauthorization bills propose to increase funding for Head Start, with both bills designating a dollar amount ($7.350 billion) for FY2008. After FY2008, the House version of H.R. 1429 would authorize "such sums as may be necessary" for each of the remaining four years covered by the legislation, whereas the Senate version includes specific increases for FY2009 and FY2010, before once again mirroring the House bill with unspecified amounts for FY2011 and FY2012. Both bills propose changes with respect to the allocation of appropriated funds. Within the 13% currently reserved from the total appropriation for a variety of purposes, both bills introduce a greater level of specificity, assigning designated percentages (of the total appropriation) for allotments to Indian and Migrant Head Start programs. In the case of both bills, the percentages proposed reflect increases above the portion currently received (and not set in statute).2 The allocation formula for determining state allotments is changed in both bills to update the "hold harmless," or base amounts assured for the states. Appropriated funds available to states after allotting the hold harmless amounts would be distributed differently by the two bills. The House bill would continue to allot remaining funds based on states' relative shares of poor children under age 5, while the Senate bill introduces a new provision in which a portion of the remaining funds would be allocated based on the percentage of eligible children served by grantees within the state. Program quality is also addressed by the funding allocation provisions. The proposed legislation would maintain current law's practice of reserving a designated 2 In the Senate bill, the extent to which meeting proposed target percentages for Indian and Migrant Head Start programs could restrict funding for other Head Start programs and activities is not entirely clear. CRS-3 percentage of the aforementioned remainder funds for "quality improvement," with both bills proposing greater percentages for this purpose than under current law. Both bills elaborate on the uses of quality improvement funds. Both bills would increase the percentage of the total appropriation reserved for funding Early Head Start programs, with a caveat that these percentages may only be reached provided appropriation levels suffice. To compare the specifics of these and other funding-related provisions, see the portions of Table 1 that refer to Sections 639 and 640 of current law. Accountability Provisions designed to address issues of accountability take several forms. Both bills target accountability with respect to fiscal and program management, as well as accountability with respect to Head Start children's outcomes. Under both the House bill and Senate bill, agencies would be designated as a grantee for no more than five years at a time, after which recompetition may be required. (Under current law, grantees do not have to recompete for funds.) Only the House version would establish an application review system to be used during this process; however, both bills establish means for determining what constitutes a "high-performing" grantee, and those agencies not meeting the standard would be faced with recompetition. In order to be considered a high performing grantee under either bill, Head Start agencies would need to demonstrate competent financial management, as well as the ability to deliver a program high in quality, developmentally appropriate, and based on scientifically-based research and measures. Both bills add new language to current law, requiring programs' governing bodies to include individuals with expertise in fiscal matters. Both bills would introduce detailed definitions of "deficiency" into statute, along with provisions to help ensure that funding for any grantees or delegates unable or unwilling to correct deficiencies be suspended or terminated as necessary. As reflected in Table 1, particularly within Sec. 641A, the two proposals often expand on current regulations with respect to corrective actions. Both bills emphasize the use of scientifically-based early childhood research as a basis for formulating educational measures for children and developing appropriate curricula that will lead to positive outcomes. Likewise, both would suspend use of the National Reporting System (NRS) in its current form, pending further review and recommendations from a National Academy of Sciences panel. The importance of effective and reliable screening and assessments in the Head Start program is stressed by both bills, accompanied by an emphasis on the value of ensuring that the tools used for screening and assessment be scientifically sound, based on the most up-to- date research in the field. Program Governance Current law emphasizes shared governance and parent involvement within Head Start programs in general terms, leaving the details to regulation. Both versions of H.R. 1429 would introduce into statute more detailed provisions regarding program governance, clearly outlining the composition and responsibilities of both the CRS-4 governing bodies and the policy councils. The reports accompanying the legislation emphasize the committees' intent that a commitment be made to maintaining the structure of shared governance (between governing bodies and policy councils), with clear language that the governing bodies hold legal and fiscal accountability. The responsibilities of policy councils are stated in both bills, but using different language; both bills are more specific than current regulations. As in current regulations, both bills make reference to the need for an impasse policy or means for dealing with internal disputes, in the event that a governing body disagrees with recommendations from the policy council. As noted in Table 1, within the two bills, the provisions related to program governance do not amend the same section of current law. Section 8 of the House version of H.R. 1429 includes the provisions stating the required composition, role and responsibilities of the governing bodies and councils as part of amendments to Sec. 642, whereas the Senate bill includes its program governance requirements (including composition, roles, and responsibilities) in Section 7, the portion of the bill that amends Sec. 641 of current law. Quality Provisions that aim to improve the quality of Head Start programs (through a variety of means) permeate both reauthorization bills. Some of these provisions, already alluded to, relate to allocation of funds for quality and technical assistance and training, designating agencies, and developing standards and measures. In addition, both proposed bills would amend Sec. 648A of current law to increase staff qualifications for Head Start teachers (but with different requirements). Accompanying report language makes clear both committees' view that teacher quality is essential to early childhood program quality. Professional development is promoted in both bills, as are efforts to enhance services for children with limited English proficiency. Included in the Senate bill is a newly proposed section (641B) to the Head Start Act, which would provide for the establishment of a program under which the Secretary of Health and Human Services (HHS) would designate up to 200 exemplary Head Start agencies as "Centers of Excellence in Early Childhood." These agencies would receive (pending appropriation of funds) bonus grants of at least $200,000 per year. Like regularly designated grantees, the Centers of Excellence bonus grants would be designated for up to five years at a time. Coordination In addition to provisions aimed at improving the quality and accountability of Head Start programs, both bills would amend current law to foster even greater program coordination between Head Start and other early childhood programs, including state prekindergartens. Program coordination includes providing for alignment of Head Start goals and expectations with those schools into which Head Start children will later enroll. Coordination is also to be enhanced by bolstering state and local relationships with Head Start. The House version of H.R. 1429 proposes a new section, 642B, specifically outlining the partnerships that Head Start CRS-5 agencies are to enter into with local education agencies, including a description of the memorandum of understanding that each Head Start agency would negotiate with the local entities. Under both bills, collaboration grants are described in greater detail, and the state's role in collaboration is bolstered through involvement of an Early Learning Council (under the House bill) or a State Advisory Council (under the Senate bill). Eligibility Under current law, all children from families with income under 100% of the poverty line are eligible for Head Start. Regulations state that at least 90% of children enrolled in each program must fit this criterion, allowing for 10% to be over- income. Both bills would allow for expansion of eligibility up to 130% of the poverty line, with the House version of H.R. 1429 specifying that no more than 20% of children served by a Head Start program be above the poverty line. In the case of both bills, the intent is that programs seek to serve children under 100% of poverty before serving those from families with higher incomes. Homeless children would also be deemed categorically eligible under both bills. Both bills address the issue of how to confront situations of under-enrollment in Head Start programs, recognizing that the cause of these situations may differ from program to program, sometimes reflecting a program weakness while in other cases demographic changes in the community. Another provision reflecting both committees' desire for greater flexibility with respect to participation and serving the needs of communities is one that allows for regular funds to be used for serving Early Head Start infants and toddlers. Doing so requires approval of a written application under both bills, but the possibility for this expansion of services would be written into law. Detailed Comparison of Provisions Included in Head Start Reauthorization Bills with Current Law Table 1 provides a detailed comparison of the House- and Senate-passed versions of H.R. 1429, and current law. Where applicable, current regulations are included to show whether changes proposed in the reauthorization bills would reflect practical changes to the program. As stated earlier, the table does not include provisions agreed to in the conference report (H.Rept. 110-439) filed on November 9, 2007. The table is structured in the order of current law's sections. In cases where bills address the same or similar provisions by amending different sections of current law, that has been noted in the table. The table also notes if a provision was added as an amendment during House floor debate. CRS-6 Table 1. Comparison of Current Law (and Regulations, if Applicable) with House- and Senate-Passed Versions of H.R. 1429 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 635. SHORT TITLE Head Start Act Improving Head Start Act Head Start for School of 2007 Readiness Act An amendment was accepted by the House, adding a findings section into law, after the title, outlining the history and importance of continued faith-based and community- based organizations' participation in the Head Start program. SEC. 636. STATEMENT OF PURPOSE Purpose To promote school (Sec. 2) (Sec. 2) readiness by enhancing the Elaborates on purpose, Makes changes comparable to social and cognitive adding "emotional House bill. development of low-income development" as an area to children by providing be promoted. Also health, educational, specifies that the Head Start nutritional, social, and other learning environment services determined to be should support growth in necessary, based on family language, literacy, math, needs assessments. science, social and emotional functioning, and physical skills. CRS-7 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Definitions "Deficiency" No definition. 1304.3(a)(6) "Deficiency" (Sec. 3) (Sec. 3) is defined in regulation to A systemic or significant A systemic or substantial mean an area in which a material failure of a Head material failure of a Head Start grantee agency is not in Start agency in an area of agency in an area of compliance with state or performance that the performance that the Secretary federal requirements, and Secretary determines determines involves: which involves: involves: - A threat to the health, - Same as in regulation. - Same as in regulation. safety, or civil rights of children or staff; - A denial to parents of the - Same as in regulation. - A denial to parents of the exercise of their full roles exercise of their full roles and and responsibilities related responsibilities related to to program governance; program operations; - A failure to perform - A failure to perform the - A failure to comply with substantially the requirements of section standards related to early requirements related to 641A(a) (quality standards), childhood development and early childhood as determined by the health services, family and development and health Secretary; community partnerships, or services, family and program design and community partnerships, or management; program design and management; - The misuse of Head Start - Same as regulation. - Same as regulation. grant funds; CRS-8 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) - The loss of legal status or - The loss of legal status (as - Same as House bill. financial viability, loss of determined by the permits, debarment from Secretary) or financial receiving federal grants or viability, loss of permits, contracts or the improper debarment from receiving use of federal funds; federal grants or contracts or the improper use of federal funds; - Any other violation of - Failure to meet any other - Same as regulation. federal or state federal or state requirement. requirements, for which the (House bill does not include grantee has shown an language regarding a unwillingness or inability to grantee's unwillingness or correct within the period inability to correct a specified by the responsible violation.) HHS official (in writing). -Failure of the board of - Systemic failure of the board directors of a Head Start of directors of an agency to agency to meet its legal and fully exercise its legal and fiduciary responsibilities. fiduciary responsibilities. - Substantial failure to meet the administrative requirements. - Failure of an agency to demonstrate that the agency attempted to meet the coordination and collaboration requirements with entities described in section 640(a)(5)(iii)(I); or CRS-9 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) - Having an unresolved area of noncompliance. "Homeless children" No definition. "Homeless children" has Same as House bill. the meaning given in the McKinney-Vento Homeless Assistance Act "Inclusive classroom" No definition. "Inclusive classroom" No definition. means a Head Start classroom that contains both children with disabilities and children without disabilities. (House floor amendment) "Limited English No definition. Provides a definition for Same as House bill, except the proficiency" "limited English definition is specifically with proficiency" with respect to respect to children. individuals. "Professional No definition. Defines "professional No provision. development" development" as activities that can improve the knowledge and skills of Head Start staff. "Unresolved area of No definition. No definition. "Unresolved area of noncompliance" noncompliance" means a failure to correct a noncompliance item within 120 days after receiving notice from the Secretary, or within such additional time (if any) authorized by the Secretary. CRS-10 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) "Institution of higher No definition. No definition "Institution of higher education" education" has the meaning given the term in Sec. 101(a) of the Higher Education Act. "Interrater reliability" No definition. No definition. Defines "interrater reliability" to mean the extent to which two or more different raters or observers consistently obtain the same result when using the same assessment tool. "Scientifically based No definition. Defines "scientifically No definition. research" based research" as research that involves the application of rigorous, systematic and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs. "Delegate agency" "Delegate agency" means a No change to current law "Delegate agency" definition is public, private nonprofit, or definition. modified to specifically for-profit organization or include private nonprofits that agency to which a grantee are "community-based has delegated all or part of organizations." its responsibility for operating a Head Start program. CRS-11 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 638. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS Time Period for Providing Under current law, there is (Sec. 6) (Sec. 4) Assistance (before no specified time period House bill amends Sec. Like the House bill, the Senate recompetition) mentioned for providing 641(not Sec. 638) to state version limits the period for financial assistance to a that grantees who are which a grantee may receive grantee. determined (using the grant funds to five years, newly proposed application before recompetition may be review system) to be required, however, it does not successfully delivering a propose the review system high quality program shall described in the House bill. be designated as a Head Start agency for a period of five years. SEC. 639. AUTHORIZATION OF APPROPRIATIONS Authorization of Funds The Head Start (Sec. 4) (Sec. 5) authorization expired at the $7.350 billion for FY2008; $7.350 billion for FY2008; end of FY2003. and such sums as may be $7.650 billion for FY2009; Authorization had been set necessary for FY2009- $7.995 billion for FY2010; and at such sums as necessary. FY2012. Of those amounts, such sums as may be necessary Of that amount, in each not more than $20 million is for FY2011 and FY2012. (Set- year, not more than $35 to be made available in asides for research, million was to be for FY2008 for research, demonstration, evaluation transition projects, not more demonstration, and activities and impact studies than $5 million for impact evaluation activities; such are same as in House bill.) studies, and not more than sums as necessary in $12 million for research, FY2009-FY2012. Not demonstration, and more than $7 million is to evaluation. (Actual FY2007 be used in each of FY2008- appropriation is $6.889 FY2012 to carry out the billion.) impact studies described under Section 649(g). CRS-12 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 640. ALLOTMENT OF FUNDS; LIMITATION ON ASSISTANCE Allotments Within the 13% Set-Aside Hold Harmless Under current law, Indian, (Sec. 5) (Sec. 6) Provision for Indian, Migrant and Seasonal Head Revises the hold harmless Notwithstanding the designated Migrant and Seasonal Start programs receive provision to FY2007 for set-aside percentages described Head Start Programs funding reserved as part of Indians, Migrant and below for Indian Head Start a larger 13% set-aside from Seasonal Head Start (and and Seasonal and Migrant total Head Start funds. designates specific programs, the Secretary is to They do not receive a percentages, discussed reserve for them not less than designated percentage, but below). the amount obligated the do operate under a "hold previous year for these harmless" provision which programs (on a national basis). states that they must receive at least the level of funding received in FY1998. Designated Percentage No designated percentage (Sec. 5) (Sec. 6) of Funding for Migrant (see above). (Note: in Migrant and Seasonal Head Migrant and Seasonal Head and Seasonal Head Start FY2006, the amount Start programs are to Start programs are to receive at Programs allotted for Migrant and receive at least 5% of the least 5% of the total Seasonal Head Start totaled total amount appropriated appropriation (or as close to approximately 4.2% of the (until the Secretary is able that as possible without total appropriation.) to make other funding reducing the number of decisions based on data children served by the Head collected on eligible Start program as a whole). children. Any future funding reduction is not to result in cutting services to eligible children aged 3 or older who are already participating in the program. If possible, participating 3-year olds should maintain services.) CRS-13 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Designated Percentage No designated percentage (Sec. 5) (Sec. 6) of Funding for Indian (see above). (Note: in Indian Head Start programs Indian Hedddadd Start Head Start Programs FY2006, the amount shall receive at least 3.5% programs are to receive at least allotted for Indian Head of total appropriation (until 4% of the total appropriation Start totaled approximately the Secretary is able to (or as close to that as possible 2.7% of the total make other funding without reducing the number of appropriation.) decisions to ensure access children served by the Head for eligible Indian children Start program as a whole). is comparable to access for other eligible children, except that any future funding reduction is not to result in cutting services to eligible children age 3 or older who are already participating in the program. To the extent possible, participating children under 3 should also maintain services.) Funding for Palau Current law allows funding (Sec.5) No change to current law (i.e., (on the basis of a Strikes current law funding would be continued renegotiated Compact of language and permits according to Compact, but Free Association), but funding to Palau through other date references in language is dated. FY2009. language would remain outdated.). Set-Aside for Training Current law reserves "not (Sec. 5) (Sec. 6) and Technical less than 2%" of total Head Maintains the set-aside for Same as House bill regarding Assistance (and Start funding for training training and technical maintaining at least 2%, but requirements for use and technical assistance, of assistance at "not less than differences in sub-requirements within the overall set- which: 2%" of which: (described below). aside) CRS-14 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) No provision. - not less than 50% is to be - 50% to be made available to made available for local Head Start agencies to use Head Start agencies to make directly, or by establishing program improvements local or regional agreements using training and technical with community experts, assistance activities listed in institutions of higher learning, section 648(j); (refer to Sec. or private consultants, for a 648 portion of this table) range of training and technical assistance activities (a more extensive list than the list included in House bill under Sec. 648(j)). Head Start agencies are to be required to report annually as to how these funds were used. No provision. - not less than 30% shall be - 50% to be made available to made available to the Secretary to support a state Secretary to support a state system of early childhood system of early childhood education training and education training and technical assistance and to technical assistance; comply with quality standards. No provision. - the remainder to address No provision. program weaknesses identified by monitoring activities, except: - Not less than $3 million of - Not less than $3 million of Same as current law. the amount appropriated for the amount appropriated for a fiscal year is to be made a fiscal year is to be made available to carry out available for literacy literacy training. training. ( current law.) - No more than $5 million No provision. is reserved for State Early Learning Councils. CRS-15 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Limitation on Expansion or No provision No provision. (Sec. 6) Creation of "Slots or The bill states that in no case Services" in Non-Indian and may the Secretary use any of Non-Migrant/Seasonal the total Head Start Programs appropriation to expand or create additional "slots or services" in non-Indian and non-migrant and seasonal Head Start programs until the specified percentages (4% and 5%) are met. Excess Funding for Quality Under current law, a (Sec. 5) (Sec. 6) Improvement percentage of the amount In each of FY2008- In FY2008, 30% of the amount by which the total Head FY2012, 60% of the by which the funds Start appropriation exceeds amount by which the funds appropriated for Head Start the prior year's adjusted appropriated for Head Start exceed the prior year's appropriation is to be exceed the prior year's adjusted appropriation will be reserved for funding quality adjusted appropriation will used to fund quality improvement activities. be used to fund quality improvement activities. In The respective percentages improvement activities. each of FY2009-FY2012, the for the years covered by (The Secretary may provide amount will be 40%. current law were: additional amounts at his FY1999 = 60% discretion.) FY2000 = 50% FY2001 = 47.5% FY2002 = 35% FY2003 = 25% CRS-16 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Quality Improvement Fund: Lists 8 goals that quality (Sec. 5) (Sec. 6) Goals and Activities improvement funds should Elaborates on the activities Elaborates on the goals listed aim to accomplish. that quality funds may in current law, as well as the support, and amends the list of activities for which Funds are used to meet percentage reserved for quality funds may be used. these goals by carrying out improving compensation. Comparable to House bill, any or all of the following although retains current law's listed activities: -At least 25% of the quality provision that at least one-half -At least one-half of the funds to be used to improve of the quality funds be used to appropriation reserved as the compensation, salary improve compensation. "quality funds" is to be used scales, and benefit standards to improve the of educational staff, family compensation (including service workers and child benefits) of Head Start counselors, to ensure that teachers and staff; salary levels and benefits -to train classroom teachers are adequate to attract and and other staff to meet the retain qualified staff. education performance standards; -to employ additional Head Start staff, including staff necessary to reduce the child-staff ratio; -to pay costs of purchasing insurance (other than employee benefits); -to support staff training and child counseling. Allotments to States (Sec. 5) (Sec. 6) Hold Harmless for First each state receives an Changes the hold harmless Same as House bill. States amount equal to the amount so that each state first it received in FY1998. receives an amount equal to the amount it received in FY2007. CRS-17 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Distribution of Funds Any amount available after No change to current law. Any remaining funds (after the Remaining After the above allotments are made FY2007 hold harmless) will be Hold Harmless are distributed distributed so that each state proportionately among will receive an amount states based on each state's sufficient to serve the same number of children under number of Head Start children age 5 from families with as were served at the time of income below the poverty this bill's enactment, taking line. into consideration an inflation adjustment. If there are funds remaining after the step described above, 65% of this balance will be distributed among the states serving less than 60% (as determined by the Secretary) of poor children who are 3 or 4 years of age. Funds will be allotted based on the qualifying states' share of poor children under age 5. The 35% remaining will be distributed to all states based on their relative share of poor children under 5. Collaboration Grants From the state allotments From the state allotments, From the state allotments the described above, the the Secretary shall award a Secretary shall award a Secretary may award a collaboration grant to any collaboration grant to each collaboration grant to each state that submits a written state. Adds language state to facilitate request. comparable to House bill, collaboration among Head describing the purposes of Start agencies and entities Expands current law to collaboration grants in greater involved in state and local specify that grants be used: detail than current law. planning processes. - to promote alignment of Head Start curricula and continuity of services with CRS-18 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) the Head Start Child Outcomes Framework and state early learning standards, as appropriate; - to promote better linkages between Head Start agencies, including those providing health, mental health or family services, or other child or family supportive services; and - to carry out the activities of the state Director of Head Start Collaboration. Collaboration Authority In order to receive a (Sec. 5) (Sec. 6) collaboration grant, the Replaces "State liaison" Comparable to House bill. state appoints an individual with "State Director of to serve as the state liaison Collaboration" and provides between the Administration a more detailed list (than in for Children and Families current law) of the entities (ACF) regional office and to be involved in agencies carrying out Head collaborative efforts with Start programs in the state; Head Start agencies. and agencies and other entities carrying out early childhood programs that serve low-income children and families. The state is to involve the state Head Start Association in the selection of the individual. Requirements of The State liaison works to (Sec. 5) (Sec. 6) Collaboration Authority ensure that collaboration Expands current law, Comparable to House bill. involves coordination of stating that collaborating Head Start services with a entities are to develop a CRS-19 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) variety of services including strategic plan for outreach, health care, welfare, child based on a needs care, education, and assessment conducted by community service the Office of the State activities, family literacy Director of Collaboration. services, disability services, (Assessment to be and services for homeless completed within one year children. after bill's enactment, and updated annually.) Responsibilities of State (Sec. 5) (Sec. 6) Director of Head Start The State Director of Head Comparable requirements to Collaboration Start Collaboration shall House bill, although in Senate also: bill, the "State Advisory - promote partnerships Council" appears to serve the between Head Start function of the House bill's agencies, state and local "State Early Learning governments, and the Council." private sector; - consult with the chief state school officer, local educational agencies, and early childhood care and education providers; - promote partnerships between Head Start agencies, schools, law enforcement, relevant community-based organizations, and substance abuse and mental health treatment agencies; - promote partnerships between Head Start agencies and other organizations to enhance program quality (and CRS-20 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) increase the number of books in Head Start classrooms); - work with the State Early Learning Council. Early Head Start Allotments Current law requires that a (Sec. 5) (Sec. 6) designated portion of Head Requires that the percentage Same as House bill. Start's total appropriation of the Head Start be set aside to fund the appropriation to be set-aside Early Head Start (EHS) for EHS be at least: program. Set-asides 12% for FY2008 established in law were: 14% for FY2009 7.5% in FY1999; 8% in 16% for FY2010 FY2000; 9% in FY2001; 18% for FY2011 and 10% in each of FY2002 20% for FY2012 and FY2003. (If there is not (With the same caveat as a large enough total current law concerning the appropriation to reserve the Secretary's ability to reduce designated percentages the percentage if total without reducing Head Start appropriation levels do not slots in number or quality, suffice.) the Secretary may reduce the EHS percentage, but not below the previous year's level. (Although without authorization, allotments since FY2003 have been maintained at 10%.) Factors for Allocating Funds In allocating funds to (Sec. 5) (Sec. 6) to Grantee Applicants Within grantee applicants in states, Adds language stating that Similar language to House bill. a State the Secretary takes into in allocating funds to account the quality of the applicants within a state, the applicants' programs, their Secretary will take into capacity to expand services, consideration the amount of CRS-21 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) the extent to which they funds used by an agency to have undertaken pay administrative expenses community-wide strategic and the amount of funds planning, the concentration received to serve each of low-income families in enrolled child. the community, and other factors. Service Delivery Models The Secretary shall (Sec. 5) (Sec. 6) establish procedures to Adds language specifying Same as House bill. enable Head Start agencies that within one year after to develop locally designed the date of this act's or specialized service enactment, the Secretary delivery models to address must establish the local community needs. procedures to develop the models outlined in current law, including models that leverage the existing capacity and capabilities of the early childhood education and child care delivery system. The Secretary is to establish procedures to provide for the conversion of part-day programs to full-day programs or part-day slots to full-day, and for serving additional infants and toddlers. Negotiation of Reduced No specific provision (Sec. 5) No provision. Funded Enrollment Levels (although annual grantee Adds provision that if the budgets are reviewed by Head Start appropriation HHS, with negotiation does not exceed the prior when applicable). year's, grantees may CRS-22 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) negotiate a reduced funded- enrollment level, if able to demonstrate (to HHS) that doing so is necessary to maintain the quality of services provided. (House floor amendment) Transportation Safety The Secretary has issued (Sec. 5) (Sec. 6) regulations establishing Adds language giving the Adds language requiring that requirements for the safety Secretary the authority to the Secretary: features, and the safe waive transportation -establish requirements to operation, of vehicles used regulatory requirements for ensure the appropriate by Head Start agencies to up to one year, with supervision and background transport Head Start possibility for renewal, in checks of individuals with children. Regulations the event that the Head Start whom the agencies contract for provide waiver authority in agency can demonstrate that transportation services; and cases of "good cause." the requirements will result -revise allowable alternate Regulations do not establish in significant disruption of vehicle standards pertaining to a time period for waivers. services or are otherwise Head Start vehicles. not in the best interest of The bill also provides that the child/ren. Head Start vehicles in use as of January 1, 2007 are not to be subject to a requirement regarding exit doors for two years after date of enactment. Meeting Needs of Children The Secretary is to continue (Sec. 5) (Sec. 6) of Migrant and Seasonal the administrative In addition to providing Same as House bill, with Farmworkers and of Indian arrangement responsible for funding, the Secretary clarification that the training Children meeting the needs of the would ensure training and and technical assistance be children of migrant and technical assistance and the provided by staff with seasonal farmworkers and appointment of a national experience working with these Indian children and shall migrant and seasonal Head populations. ensure that appropriate Start and Indian Head Start funding is provided to meet collaborator. such needs. CRS-23 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Annual Consultation No provision. (Sec. 5) (Sec. 6) Between Secretary and Adds language requiring the Same as House bill, except that Tribal Governments Secretary of HHS to the detailed report is to be Operating Head Start/ehs conduct annual made available "on a timely Programs consultations with tribal basis." governments operating Head Start and Early Head Start programs. A detailed report of the consultation will be made available to the tribes (within 90 days) receiving Head Start funds. Enrollment of Homeless Current law does not (Sec. 5) (Sec. 6) Children preclude enrolling homeless Requires the Secretary to Same as House bill. children, but also does not issue regulations that specifically address this prescribe policies and population. procedures that remove barriers to the participation of homeless children in Head Start. Head Start Materials and Current law does not Regulations require Head (Sec. 5) (Sec. 6) Curricula prescribe Head Start Start curricula to be Adds language to current Same as House bill. materials or curricula. (See consistent with the Head law, stating that all regulations.) Start Performance curricula and instructional Standards and based on materials funded with Head sound child development Start dollars must be principles about how scientifically-based and age children grow and learn. and developmentally Grantees and delegate appropriate, and parents agencies are to implement have the right to inspect curricula in collaboration them. with parents. CRS-24 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 641 DESIGNATION OF HEAD START AGENCIES Eligible Designees The Secretary may (Sec. 6) (Sec. 7) designate "local public or Clarifies that public or Clarifies that public or private private nonprofit or for- private nonprofit or for- nonprofit or for-profit agencies profit agencies" as a Head profit agencies includes includes community-based Start agency. community-based or faith- organizations. based organizations. Designation of Head Start The Secretary is authorized Under 45 CFR 1302.10, the (Sec. 6) (Sec.7) Agencies to designate as a Head Start basis for selection of The House bill amends Sec. The Senate bill amends Sec. agency any agency that he applicants proposing to 641 by requiring the 641 by elaborating on current determines to be capable of operate a Head Start Secretary to develop (using law in terms of the planning, conducting, program is the extent to recommendations of an requirements for being administering, and which the applicants appointed expert panel) an designated as a Head Start evaluating a Head Start demonstrate in their application review system agency. Unlike the House bill, program. application the most to be used when making The Senate version does not effective Head Start decisions regarding Head establish an application review program. Other criteria for Start agency designations. system. In amending Sec. 641 selection include cost of current law, The Senate bill effectiveness of the Once finalized, the lays out the requirements for proposed program; the Secretary will use the establishing a governing body, qualifications and system to determine which both its composition and experience of the applicant grantees are successfully responsibilities, and likewise in planning, organizing, and delivering a high quality for policy councils. providing comprehensive comprehensive early (For a comparison of the services at the community education program. governing bodies and functions level; administrative and included in both versions of fiscal capabilities; intent Grantees determined to be H.R. 1429, refer to the "Sec. and capability to adhere to successful under the new 642" portion of this table. performance standards; review system shall be appropriate facilities; and designated Head Start the need for Head Start agencies for a period of five services in the community. years; under-performing grantees may enter into an open competition. CRS-25 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Application Review System (Sec. 6) No provision. The Secretary shall develop a system that integrates the recommendations of the expert panel (see below), to determine if a Head Start agency is providing a quality comprehensive early learning program that meets the educational, health, and nutritional needs of the children and families it serves, and meets program and financial management requirements and performance standards (based on annual budget data, program reviews, annual audits, classroom quality, and the Program Information report). Composition of Expert Panel (Sec. 6) No provision. The expert panel, convened and appointed by the Secretary, is to include 5 members. The group is to reflect competency in early childhood program accreditation or quality assessment; research on early childhood development; governance and finance of nonprofit organizations; delivery of services to children and families with limited CRS-26 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) English proficiency, and to children with disabilities. Report from Expert Panel (Sec. 6) No provision. Within 12 months of being convened, the expert panel is to issue a report to the Secretary, providing recommendations on a proposed system of application review for evaluating whether a Head Start grantee is providing a high quality comprehensive early education program, including adequately meeting its governance and financial management requirements. Public Comment on (Sec. 6) No provision. Proposed Review System No later than six months after receiving the report, the Secretary shall publish a proposed system of application review in the Federal Register, allowing at least 90 days for public comment. The Secretary shall also provide a report to Congress that includes a detailed description of the system, including explanation of any differences between the system proposed and the recommendations that CRS-27 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) emerged from the expert panel. Considerations in Under current law, priority 45 CFR 1302.12, gives (Sec. 6) (Sec. 7) Designation (and is given to any agency priority to previously In selecting from among Similar to the House bill, it Redesignation) already receiving Head selected Head Start qualified applicants for gives priority to any Head Start Start funds, unless the agencies (in consideration designation, the bill adds to or delegate agency that is "high Secretary determines that with designation currents law's list of things performing," defined as there are any Head Start requirements discussed to consider, including: meeting a list of criteria requirements or standards earlier). - the applicant's plan to provided in the bill (5 elements that are not being met. attract and retain qualified -- less specific than those in (Grantees do not have to staff capable of delivering a the House bill, but comparable recompete for funds.) high quality comprehensive in content). early education program; - the applicant's ability to maintain child-teacher ratios and family service worker caseloads that reflect best practices and are tied to high quality service delivery; - the applicant's capacity to serve eligible children with curriculum and teaching practices that are based on scientifically-based research, are developmentally appropriate, and that promote school readiness. Adds language specifying that faith-based and community-based organizations continue to be eligible, on the same basis as other organizations, to CRS-28 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) participate in any Head Start or Early Head Start program for which they are otherwise eligible. (House floor amendment) Designation When No Entity If no entity has priority, the See discussion of 45 CFR (Sec. 6) (Sec. 7) Has Priority Secretary may designate a 1302.10 above. Adds language clarifying Like the House bill, the Head Start agency from that the Secretary's Secretary's designation must among qualified applicants, designation must follow an be preceded by an open giving priority to any open competition, and the competition. qualified agency that designation may apply for a functioned as a Head Start five-year period. (The open delegate agency in the competition follows the community and carried out same factors considered for a Head Start program any designation.) deemed by the Secretary to have met or exceeded performance standards. In selecting from among qualified applicants, the Secretary takes into consideration a variety of factors, outlined in the law. Priority to Nonprofit Nonprofit agencies may be (Sec. 6) (Sec. 7) Agencies in Cases of Equal given priority over for- Strikes current law; Strikes current law making any Quality Applicants profit agencies in cases nonprofits would no longer distinction between nonprofit where the Secretary be granted priority in equal and for-profit agencies, and determines the applicants to cases. replaces with language giving be of equivalent quality. priority to applicants "that have demonstrated capacity in providing effective, comprehensive, and well- coordinated early childhood services to children and their families." CRS-29 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS Education Performance Under current law, the Education and Early (Sec. 7) (Sec. 8) Standards Secretary is required to Childhood Development Replaces current law, listing Replaces current law with establish, by regulation, Standards are found in 45 requirements that the almost identical list of education performance CFR 1304.21. scientifically-based education standards as House standards that are to ensure education standards (based bill, but with the condition that that children in Head Start on the Head Start Child the standards be based on programs at a minimum: Outcomes Framework) at a recommendations of the minimum develop and National Academy of Sciences demonstrate: (NAS) panel. Develop phonemic, print, Knowledge and skills in Comparable to House bill. and numeracy awareness; language, pre-reading, pre- understand and use mathematics, science; language to communicate creative arts; cognitive for various purposes; abilities related to academic understand and use achievement; social and increasingly complex and emotional development varied vocabulary; develop related to early learning and and demonstrate an school success, and appreciation of books; and sustained academic gains; in the case of non-English and for limited English background children, proficient children , progress toward English progress toward learning language acquisition. English while making meaningful progress in the other listed knowledge and skill areas. Standards for Condition and The Secretary is to establish Detailed regulations No change to current law (Sec. 8) Location of Head Start by regulation standards regarding Head Start Expands on current law Facilities relating to the condition and facilities, materials, and language to state that the location of facilities for equipment are found in 45 standards require Head Start Head Start agencies, CFR 1304.53. (and Early Head Start) facilities programs and projects. be in compliance with state and local licensing requirements CRS-30 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) and be accessible by state and local authorities for monitoring and ensuring compliance. Considerations in In developing the standards, (Sec. 7) (Sec. 8) Developing Standards one of the things the Same as current law, with Amends current law in similar Secretary is to take into additional consideration to ways as House bill, but rather consideration is "past be paid to: than taking into consideration experience with use of the - the unique challenges the past experience with standards in effect" on faced by individual standards in effect on the date October 27, 1998. programs, including those of the act's last reauthorization programs that are seasonal (October 27, 1998), this bill or short term and those would take into consideration programs that serve rural those experiences with populations; standards in effect on the date - the recommendations from of its enactment. the report on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences (when available); and - mechanisms to ensure that Head Start children make a successful transition to the schools they will be attending. CRS-31 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Also, adds requirement that in developing regulations regarding standards, the Secretary would consult with Indian tribes, American Indian and Alaska Native experts in early childhood development, linguists and the National Indian Head Start Directors Association. Measures The Secretary, in (Sec. 7) (Sec. 8) consultation with The Secretary, in No change to this specific representatives of Head consultation with provision of law, however, the Start agencies and with representatives of Head "characteristics of measures" experts in the fields of early Start agencies and with section (see below) conveys childhood education and experts in the fields of early similar emphasis to House bill development, family childhood education and regarding scientifically-based services, and program development, shall use the measures. management, shall develop study on Developmental methods and procedures for Outcomes and Assessments measuring, annually and for Young Children by the over longer periods, the National Academy of quality and effectiveness of Sciences to provide programs operated by Head guidance to Head Start Start agencies, and the agencies for utilizing impact of the services scientifically-based provided through the measures that support programs to children and classroom instructional their families. practices, identification of special needs, and program evaluation. Characteristics of Measures The performance measures (Sec. 7) (Sec. 8) shall Expands on current law, Like the House bill, adds that - be used to assess the listing seven characteristics. the performance measures impact of the various Head The measures shall: -be appropriate for the CRS-32 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Start services - be developmentally, population served; - be adaptable for use in linguistically, and culturally -be reviewed at least every four self-assessment, peer appropriate for the years, based on advances in the review, and program population served; science of early childhood evaluation, and - be reviewed at least every development. be developed for other four years, based on program purposes as advances in the science of The bill also calls for the determined by the early childhood performance measures to Secretary. (The development; measure characteristics that are performance measures are - be consistent with relevant strongly predictive (as to include the educational professional and technical determined on a scientific performance standards.) standards related to the basis) of a child's school assessment of children; readiness and later - be valid and reliable (in all performance in school. languages used); - be administered by staff with appropriate training for such administration; - provide appropriate accommodations for children with disabilities and children with limited English proficiency; and - be high-quality research- based measures that have been demonstrated to assist with the purposes for which they were devised. Use of Measures The Secretary shall use the (Sec. 7) (Sec. 8) performance measures to Elaborates on current law, Elaborates on current law to identify strengths and adding that measures are to state that performance weaknesses in programs be used to promote the measures be used to enable and to identify problem skills, knowledge, and Head Start agencies to areas that may require competencies of Head Start individualize programs of additional training and children; to improve instruction to better meet the CRS-33 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) technical assistance classroom practices; and to needs of the child involved. resources. identify special needs. Evaluations and Corrective Actions for Delegate Agencies (Sec. 7) (Sec. 8) Procedures No provision. 45 CFR 1303.20 specifies The Head Start agency is to Same as House bill. procedures for appeals by establish procedures for current or prospective evaluating and defunding delegate agencies to delegate agencies and for grantees regarding rejection appealing a defunding of an application, failure to decision related to a act on an application or delegate. termination of a grant or contract. Evaluations No provision. 45 CFR 1304.51(i)(2) states Each Head Start agency is Same as House bill. that grantees must establish to evaluate its delegate and implement procedures agencies using the for the ongoing monitoring established procedures of their own Early Head (referred to above), and is Start and Head Start to inform the delegates of operations, as well as those any deficiencies identified of each of their delegate that shall be corrected. agencies, to ensure that these operations effectively implement federal regulations. Remedies to Ensure No provision. 45 CFR 1304.51(i)(3) states If the evaluation reveals a Similar to House bill, with Corrective Action that grantees must inform deficiency for a delegate additional provision allowing delegate agency governing agency, the Head Start Head Start agency to release bodies of any deficiencies agency may initiate funds to the delegate only as in delegate agency procedures for the reimbursements until either operations identified in the delegate's termination; corrections are made or CRS-34 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) monitoring review and must conduct monthly defunding occurs. help them develop plans, monitoring visits until including timetables, for corrections are made or the addressing identified delegate is defunded. problems. Termination No provision. (See 45 CFR 1303.20(c) states No comparable language to The Head Start agency may not regulations.) that a grantee must notify a Senate bill. terminate a delegate's contract delegate agency in writing or reduce a delegate's service of its decision to terminate area without showing cause or its agreement with the demonstrating the cost- delegate agency, explaining effectiveness of such a the reasons for its decision decision. and that the delegate agency has the right to appeal the decision to the grantee within 10 work days after receipt of the notice. Use of National Reporting The Secretary shall use the (Sec. 7) (Sec. 20) System (NRS) performance measures The Secretary shall suspend Same as House bill. developed in accordance implementation and with the act to identify terminate further programs' strengths and development and use of the weaknesses and to identify NRS, and incorporate, as problem areas that may appropriate, require additional training recommendations from the and technical assistance National Academy of resources. (There is no Sciences into any specific reference to the assessment used in the Head "National Reporting Start programs. System" in current law.) (The National Reporting The Secretary is not to use System was implemented in assessment results either as fall 2003, and is designed to the primary method for assess Head Start 4- and 5- either assessing program CRS-35 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) year olds twice a year on effectiveness or making educational performance grantee funding measures -- using determinations. indicators that were included in legislation as part of the 1998 reauthorization of Head Start (P.L. 105-285, Section 108(b)(5).)) Monitoring of Local Current law requires the (Sec. 7) No change to current law. Agencies and Programs Secretary to conduct Would require the Secretary reviews of designated Head to "develop and utilize a Start agencies and risk-based assessment programs. system" for conducting the reviews already required in law. Procedures for Monitoring Current law calls for a full (Sec. 7) (Sec. 8) review of each Head Start Retains call for full review Makes changes similar to agency at least once every at least every three years, House bill, although allows three years, with newly with newly designated only six months for follow-up designated agencies being agencies being reviewed visits. reviewed immediately after after first year of operation. first year, and follow-up Amends current law to call reviews including prompt for unannounced follow-up return visits to agencies and reviews of programs with programs that fail to meet one or more findings of the standards. Other deficiencies, not later than reviews may be conducted 12 months after the date of as appropriate. the finding(s). The bill also would allow for unannounced site inspections of Head Start centers, as appropriate. CRS-36 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Conduct of Reviews The Secretary is to ensure (Sec. 7) (Sec. 8) that reviews are performed, Eliminates current law Strikes current law requirement to the maximum extent language requiring reviews that reviews be supervised by practicable, by HHS to be performed by and an HHS employee, but retains employees who are supervised by HHS current law requirement that knowledgeable about Head employees. Requires the reviews be performed, to Start programs, and are review teams to be the maximum extent supervised by such an knowledgeable about the practicable, by HHS employee at the review site. program areas they are employees. And, like the reviewing, and, to the House bill, this bill elaborates maximum extent on the backgrounds of review practicable, to include team members, calling for current or former HHS them, to the extent employees. To the practicable,to be maximum extent knowledgeable about needs of practicable, teams are also children who are homeless, in to include individuals foster care, or of limited knowledgeable about the English proficiency. It also needs of LEP children and calls for them to be families. knowledgeable in areas of personnel management, financial accountability, and systems development and monitoring. Content of Reviews Under current law, a portion (Sec. 7) (Sec. 8) of the review includes Lists additional elements to Comparable to House bill, with seeking information from be included as part of a additional provisions calling the communities and states review and specifies in for reviews to include data involved about the greater detail how the from the results of periodic performance of the review is to be conducted. child assessments, and a review programs and efforts of and assessment of child Head Start agencies to outcomes and performance as collaborate with other they relate to state, local, and entities carrying out early agency-determined school childhood education and readiness goals. It also calls care programs. for a review and assessment of CRS-37 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) whether programs have adequately addressed the needs of children with disabilities. Use of Review Findings No provision (Sec. 7) No provision. The findings of the review are to, at a minimum, - be presented to an agency in a timely, transparent, and uniform manner that conveys information of program strengths and weaknesses and assists with program improvement; and - be used by the Head Start agencies to inform the development and implementation of their plan for training and technical assistance. Training for Reviewers No provision. No provision. (Sec. 8) Using quality improvement funds, the Secretary shall provide periodic training for supervisors and members of review teams in areas such as program management and financial audit performance. Quality and Consistency of No provision. (Sec. 7) (Sec. 8) Reviews The Secretary shall ensure Comparable to House bill, but that reviews are conducted making specific reference to in a manner that evaluates the use of "periodic inter-rater program performance, reliability checks" for ensuring quality and overall the quality and consistency operations with consistency (across and within regions) of CRS-38 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) and objectivity, and based the Program Review on a transparent and reliable Instrument for Systems system of review. Monitoring (PRISM) reviews, and of noncompliance and deficiency determinations. Agency Responsibility with Current law deals only with (Sec. 7) Retains current law. No Respect to Approving a agencies submitting quality A sponsoring Head Start provision pertaining to role of Program's Quality improvement plans to the agency would have 30 days the sponsoring agency in Improvement Plan Secretary, not Head Start after receiving a quality approving a program's quality programs submitting plans improvement plan from a improvement plan. to their sponsoring Head Start program to agencies. either approve the plan or specify reasons why the plan cannot be approved. Self-Assessments No provision. 45 CFR 1304.51 states that (Sec. 7) (Sec. 8) at least once each program At least once each program Same as House bill. year, with the consultation year, with the consultation and participation of the and participation of policy policy groups and, as councils (and others as appropriate, other applicable), each Head Start community members, agency and each delegate grantee and delegate agency shall conduct a agencies must conduct a comprehensive self- self-assessment of their assessment of its effectiveness and progress effectiveness and progress in meeting program goals in meeting program goals and objectives and in and objectives and in implementing federal implementing and regulations. complying with performance standards. Use of "Enrollment" Terms No provision. Defines "funded Defines "actual enrollment" (Sec. 8) enrollment" as the number as the number of children Same as House bill. of children which the Head enrolled in a Head Start Start grantee is to serve, as program in a given month. CRS-39 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) indicated on the grant "Funded enrollment" is the award. number of children an agency is funded to serve, as indicated in their grant agreement. Enrollment Reporting No provision. Program enrollment reports (Sec. 7) (Sec. 8) Requirement are examples of official Head Start agencies are to Same as House bill with reports required by report (to the Secretary) on respect to reporting of actual regulation to be generated a regular basis: enrollment, although The for federal, state, and local - the actual enrollment, and, Senate bill specifies that the authorities. if the actual enrollment is report is to be submitted on a less than the funded monthly basis. enrollment, any apparent reason for the shortfall. There is no comparable language with respect to The Secretary shall provide providing appropriate and appropriate and timely timely training and technical training and technical assistance. assistance to increase actual enrollment, as appropriate. Reduction of Grants (And No provision. There is no discussion in (Sec. 7) (Sec. 8) Redistribution of Funds) in the regulations of penalties No specific provision The Secretary is to determine Cases of Under-Enrollment for under-enrollment, only regarding reduction of (on a semi-annual basis) which the statement (45 CFR grants in case of under- Head Start agencies are 1305.7) that "A Head Start enrollment. operating with an actual grantee must maintain its enrollment less than the funded funded enrollment level. enrollment (based on at least When a program determines the average of four consecutive that a vacancy exists, no months of data). If actual more than 30 calendar days enrollment is less than 95% of may elapse before the funded enrollment, a plan and vacancy is filled. A timetable for reducing or program may elect not to eliminating under-enrollment is fill a vacancy when 60 days to be developed and implemented. CRS-40 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) or less remain in the program's enrollment year." Secretarial Action for No provision. No provision. (Sec. 8) Continued Under-enrollment If, after receiving technical assistance and implementing an improvement plan for nine months, a Head Start agency's enrollment is still less than 95% of its funded enrollment, the Secretary may designate the agency as chronically under- enrolled; and recapture, withhold, or reduce the based grant for the program by a percentage equal to the percentage difference between funded enrollment and actual enrollment of the program for the most recent year. Redistribution of Recaptured No provision. (Sec. 7) (Sec. 8) Funds Funds recaptured, withheld, Comparable to House bill, or reduced from grantees without the prioritized are to be redistributed to designated percentages. other grantees. Any funds taken from Indian Head Start programs are to be redistributed to one or more Indian Head Start programs to increase enrollment. The same holds true for Migrant and Seasonal Head Start. In cases of all other Head Start programs, funds are redistributed to one or more other grantees within the CRS-41 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) state, and not less than 50% of the funds shall be prioritized to increase the program participation of children and families served in Early Head Start. Not less than 25% shall be prioritized to increase program participation of underserved populations of eligible children. Contract with Nonprofit No provision. No provision. (Sec. 8) Intermediary Organization The Secretary or a Head Start agency may use technical assistance funds to contract with a nonprofit intermediary organization that provides evaluations and technical assistance to improve overall performance management. NEWLY PROPOSED: SEC. 641B CENTERS OF EXCELLENCE IN EARLY CHILDHOOD Establishing Centers of No provision. No provision. (Sec. 9) Excellence (CoE) in Early Introduces new section to law Childhood Program -- Sec. 641B. Subject to availability of funds, the Secretary will establish a program under which he designates up to 200 exemplary Head Start agencies (with at least one from each of the 50 states, DC, and Puerto Rico, as well as one Indian, Migrant, and Seasonal Head Start program), which (pending CRS-42 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) appropriation of funds) will receive bonus grants of at least $200,000 per year. Application for and To be eligible for designation Designation of CoEs as a CoE, a Head Start agency must be nominated by the Governor of its state, at which point the agency submits an application to the Secretary (except for Indian, Migrant, or Seasonal Head Start programs, which are nominated by a regional HHS official). Content of Application The application requirements are outlined in the bill. The required items include (but are not limited to): evidence that the applying agency's Head Start program has significantly improved the school readiness of and academic outcomes for participating children; evidence of no program deficiencies; and demonstration of collaborative partnerships with the state and other early care and education providers. Designation period The Secretary shall designate CoEs for five year terms (but retains the authority to revoke the designation if an agency is found deficient during the period). CRS-43 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Use of funds Bonus grant funds may be used for a variety of purposes, aimed at expanding quality services to additional eligible children, modeling and disseminating best practices, furthering coordination with other early childhood care and education providers, expanding staff training, and developing partnerships with institutions of higher education, and nonprofit and community organizations. Research and Reports on Subject to availability of funds, CoEs the Secretary will make a grant to an independent organization to conduct research on CoEs, resulting in a report to be submitted to Congress no later than four years after enactment of this bill. Authorization of funds For each of FY2008-FY2012, for CoE program the bill authorizes $90 million for bonus grants to Centers of Excellence; $500,000 for Secretary's administrative costs, including cost of a conference of CoEs; and $2 million for the research and report activity described above. CRS-44 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES Program Governance Current law emphasizes Regulations found in 45 (Sec.8) (Sec. 7) shared governance and CFR 1304.50 relate to all (amends Sec. 642) (amends Sec. 641) parent involvement, but program governance, The Head Start agency must As a condition of being does not include the including how shared establish and maintain a designated as a Head Start specifics that are found in governance is to operate. formal structure of shared agency, the entity must have a regulations. The governing body is governance through which governing body with legal and defined as the group with an independent governing fiscal responsibility, and that legal and fiscal body with legal and fiscal fully participates in the responsibility for responsibility for development, planning, administering a Head Start administering and implementation, and evaluation program. overseeing programs, and a of the programs, to ensure high parent policy council and quality. The bill outlines the parent policy committee, as required composition of the appropriate, ensure that the governing body, guards against agency operates a high any conflict of interest in its quality Head Start program. composition, and outlines the responsibilities of the body. The governing body is to receive regular information about program planning, policies, and operations, including monthly financial statements. It is to consult with the policy council. (See below) Composition of Governing No provision. Regulations do not specify (Sec. 8) (Sec. 7) Body the composition of the The governing body is to Comparable provisions to governing body in detail as include: House bill. Same composition proposed in the House and -At least one member with requirements as in the House Senate bills. Regulations significant financial version, although this bill states do state that the governing management or accounting that the additional members body and the Policy experience; (after the first three categories) Council or Policy -At least one member with shall reflect the community to Committee must not have background and expertise in be served, and include parents identical memberships and early childhood of children who are currently CRS-45 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) functions. (Policy Councils development; or were formerly enrolled in are established at the - At least one licensed Head Start programs. grantee level, and Policy attorney familiar with issues Committees are established that come before the for programs administered governing body; in whole or in part by -Additional members delegate agencies.) selected for their expertise (1304.50(a)(5)) in education, business administration, and community affairs. (The governing body may make use of consultants if necessary.) The bill contains provisions to guard against conflict of interest in the body's composition. Responsibilities of No specific provision. See Grantee and delegate (Sec. 8) The governing (Sec. 7) Similar to House bill, Governing Body regulations. agencies must have written body is responsible for: with differing levels of detail policies that define the roles -adopting practices that within categories of and responsibilities of the assure active, independent responsibility. governing body members and informed governance; The governing body is and that inform them of the -oversight to ensure responsible for: management procedures compliance with applicable -the selection of delegate and functions necessary to standards; agencies and such agencies' implement a high quality -establishing an audit and service areas; program. Regulations finance committee that -establishing procedures and include 1304.50 appendix would take primary criteria for recruitment, A, a detailed chart of responsibility for approving selection, and enrollment; governance responsibilities the annual budget, and - all funding applications and for governing bodies, policy making recommendations amendments to funding councils, and policy to the governing body applications; committees. regarding audit-related -establishing procedures and issues; guidelines to access required - approving all major information from programs; policies and financial -review and approval of annual CRS-46 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) expenditures of the agency, self-assessment, financial audit, -approving the selection or monitoring reviews of agency dismissal of the Head Start or delegates; Director; -developing procedures for - approving or disapproving how members of the Policy all policies, applications, Council are selected; and decisions of the Policy -financial audits, accounting, Council; and reporting; - overseeing program -personnel policies and planning (long- and short- procedures regarding hiring, term) of the Head Start termination, salary scales and agency and its applications salaries of the Executive to receive Head Start funds; Director, Head Start Director, and Director of Human Resources, - establishing written the Chief Financial Officer and standards and procedures any equivalent position; for disclosing, addressing -review and approval of the and resolving conflicts of community assessment and its interest. updates. Composition of Policy The composition and duties Policy Councils must be (Sec. 8) (Sec. 7) Council of Head Start Policy established as part of the The composition of the Similar to House bill, except Councils are specified in Head Start's shared Policy Councils would does not contain any term regulations, not current law. governance model, and resemble those under limitations. each council is to be made current regulations, i.e. a up of at least 51 percent majority of the council's Head Start parents representatives are to be (1304.50(a) and (b)). parents of current Head Start children, or children Policy Councils and Policy who were enrolled in the Committees must limit the previous year. number of one-year terms The term of a Policy any individual may serve on Council member shall be no either body to a combined more than two years and no total of 3 terms. Policy Council member (1304.50(b)(5)) shall serve longer than six years. CRS-47 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Responsibilities of Policy No specific provision. See Policy Councils must work (Sec. 8) (Sec. 7) Council regulations. in partnership with key The Policy Council is to The Policy Council shall be management staff and the approve and submit to the responsible for: governing body to develop, governing body decisions -program planning (short- and review, and approve or regarding: long-term); disapprove the following - The strategic direction of -program recruitment, policies and procedures, the program (short- and selection, and enrollment including: long-term); priorities; - all funding applications to - Selection of delegate -budget planning for program HHS; agencies and their service expenditures; -procedures describing how areas; -program operations, including the governing body and the - Recruitment, selection and implementation of standards of appropriate policy group enrollment priorities; conduct for program staff, will implement shared - Funding applications and contractors, and volunteers and decision-making; amendments to funding criteria for the employment and -the program's philosophy applications prior to dismissal of program staff; and and goals; submission; -activities to support the active -the selection of delegate - Budget planning for involvement of parents in agencies; program expenditures; supporting program operations. -program personnel - Bylaws for the operation policies; of the Policy Council, -decision to hire or including procedures by terminate the director or which Policy Council any person who works members are chosen; primarily for the Head Start - Program personnel program. policies; (1304.50(d)) - Decisions regarding employment of Head Start staff other than the director and executive director; - Activities to support the involvement of parents; and - Program responsiveness to community and parent needs. CRS-48 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Impasse Policy No specific provision. See Each grantee and delegate (Sec. 8) (Sec. 7) regulations. agency and Policy Council The Secretary is to develop The governing body and the or Policy Committee jointly policies and procedures Policy Council shall share with must establish written describing how Head Start each other regular and accurate procedures for resolving agencies will implement information for use by both internal disputes, including shared decision-making, entities about program impasse procedures, including a process for planning, policies, and between the governing resolving any impasse operations. The Policy body and policy group. between the governing Council, with the governing (1304.50(h)) body and Policy Council. body, shall establish processes to resolve internal disputes. Parental Involvement Current law calls for Head Regulations address parent (Sec. 8) (Sec. 7) Start plans to: involvement in Head Start. Adds language to promote Same as House bill, but -seek the involvement of In addition to involving the continued involvement without specific reference to parents of participating parents in program policy- of Head Start parents grandparents and kinship children in activities making and operations, (including grandparents caregivers. designed to help them grantee and delegate and kinship caregivers, as become full partners in the agencies must provide appropriate) in the education of their children; parent involvement and education of their children and education activities that are upon transition to school, -to afford such parents the responsive to the ongoing by working with the Local opportunity to participate in and expressed needs of the Education Agency. the development, conduct, parents. and overall performance of (1304.40) the program at the local level. Evaluating Effectiveness of The Secretary, in No change to current law. (Sec. 10) Transition Projects cooperation with the Strikes current law. Secretary of Education, shall evaluate the effectiveness of Head Start transition projects; disseminate to Head Start agencies information on effective policies and CRS-49 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) activities relating to transition from Head Start to public schools; and provide technical assistance to help agencies adopt and implement such policies. Implementing Research- No provision. (Sec. 8) Earlier in bill (Sec. 6), adds Based Early Childhood Adds language to current related language to current law, Curricula law, requiring Head Start stating that all curricula and agencies to implement instructional materials funded research-based early with Head Start dollars must be childhood curricula that scientifically-based and age promote young children's appropriate. school readiness in the areas of language and cognitive development, early reading and premathematics skills, socio-emotional and physical development, and approaches to learning. Use of Research-Based No provision. (Sec. 8) No comparable amendment to Assessment Methods Adds language to current the law; however, in provision law, requiring Head Start pertaining to the proposed agencies to use ongoing, National Academy of Sciences research-based assessment panel, one of the areas in which methods that are the panel of experts is tasked developmentally with providing appropriate, culturally and recommendations is linguistically responsive, "appropriate assessments of and tied to children's daily young children." activities. Furthermore, for the purpose of meeting the performance standards, Head Start agencies are to CRS-50 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) use high quality research- based developmental screening tools, demonstrated to be standardized, reliable, valid and accurate for children from a range of racial, ethnic, linguistic, and cultural backgrounds. Funded Enrollment and No provision. 45 CFR 1305.6 states that (Sec. 8) (Sec. 10) Waiting List each Head Start program Adds language calling for Same as House bill. must maintain a waiting list each Head Start agency to during the year. enroll 100% of its funded With respect to funded enrollment and to maintain enrollment, 45 CFR 1305.7 an active waiting list at all states: "A Head Start times. grantee must maintain its funded enrollment level. When a program determines that a vacancy exists, no more than 30 calendar days may elapse before the vacancy is filled. A program may elect not to fill a vacancy when 60 days or less remain in the program's enrollment year." Technical Assistance and No provision. (Sec. 8) (Sec. 10) Training Plan Adds a requirement that in Same as House bill. order to receive Head Start funds, an agency must develop an annual technical assistance and training plan. The plan is to be based on the self-assessment, the CRS-51 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) community needs assessment, the needs of parents and children to be served, and the results of reviews. Financial Management No specific provision. Grantee and delegate (Sec. 8) The Senate bill does not agencies must ensure that Requires Head Start include this specific provision, appropriate internal controls agencies to document but does place added focus on are established and strong fiscal controls, fiscal accountability (e.g., implemented to safeguard including the employment emphasis on members of federal funds. of well-qualified fiscal staff governing body having (1304.50(g)(2)) with a history of successful knowledge and expertise in management of a public or fiscal matters). private organization. SEC. 642A. HEAD START TRANSITION Both bills propose to expand heading to "Head Start Transition and Alignment with K-12 Education" Steps for Coordinating Head Current law states that each (Sec. 9) (Sec. 11) Start with LEA and Head Start agency shall take Adds five additional steps Same as House bill. Elementary Schools steps to coordinate with the that Head Start agencies are LEA serving the to take: community and with - developing continuity of schools in which Head developmentally Start children will later appropriate curricula enroll. The law lists seven between Head Start steps. programs and LEAs; - helping parents to understand the importance of their involvement in children's academic success as they transition to elementary school; - implementing a system to increase program participation of underserved CRS-52 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) populations of eligible children; - coordinating and collaborating to ensure that Head Start curricula are aligned with the Head Start Child Outcomes Framework and state early learning standards with regard to cognitive, social, emotional, and physical competencies expected of children entering kindergarten; and - helping parents of children with limited English proficiency understand the method of instruction. NEWLY PROPOSED SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION Local Integration (Sec. 10) the Senate bill does not This newly proposed propose a comparable section, section of law calls for however the purposes outlined Head Start agencies to enter in the House bill's newly into partnerships with local proposed section resemble educational agencies many discussed earlier (in both (LEAs), state-funded House and Senate bills) in the preschool programs. context of collaboration grants. Memoranda of (Sec. 10) No provision. Understanding (MOU) Each Head Start agency is to enter into a memorandum of understanding (MOU) with local entities, the purpose of which is to map out plans to coordinate the following: educational CRS-53 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) activities; curricula; public information dissemination; selection priorities for children to be served by programs; service delivery areas; staff training; technical assistance; provision of additional services to meet needs of working parents; parent education for smooth transitions to kindergarten; and use of facilities and transportation. MOUs are to be submitted to, and reviewed by the Secretary. Reasons for Failing to Enter (Sec. 10) No provision. into MOU If a Head Start agency fails to enter into a MOU, the Secretary (in cooperation with the State Early Learning Council (SELC) and state Director of Head Start Collaboration) will determine the reason as one of the following: (1) the LEA, local council, or other entity is unable or unwilling to enter into a MOU despite reasonable efforts by the Head Start agency; (2) the absence of publicly funded pre-K in the service area; or (3) the agency has not engaged in reasonable efforts to establish a MOU. CRS-54 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Consequences for Failing to (Sec. 10) No provision. Enter into MOU If the Secretary determines that failure is due to (3), the Head Start agency will be found to have a deficiency. In cases of (1) or (2), the Secretary and CEO of the state are to work with the State Early Learning Council and the State Director of Head Start Collaboration to improve coordination in the service area. Statewide Integration (Sec. 10) (See earlier discussion of through Early Learning From training and technical collaboration grants, under Sec. Collaboration Grants assistance funding 640.) (included in the 13% set- aside), the Secretary will award an early learning collaboration grant to each state, for supporting a State Early Learning Council (SELC). State Early Learning Council (Sec. 10) (Sec. 6) (SELC)/State Advisory The SELC shall include the The Senate bill does not Council (SAC) State Director of Head Start establish a SELC but does Collaboration, provide for a comparable representatives from state "State Advisory Council preschool programs, "(SAC), which appears to representatives of LEAs, serve a similar function, and state officials overseeing requires representation by child care programs, IDEA, comparable groups. and the education agency, representatives from Head CRS-55 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Start agencies in the state, representatives of local child care programs or organizations, and a representative of the state agency responsible for health and mental health care. Purpose of SELC (Sec. 10) (Sec. 6) SELC will be responsible The SAC appears to hold for advancing the similar purposes to the SELC development of coordinated described in the House version early childhood services of H.R. 1429. delivery system in the state. The Governor of a state shall The SELC is to work with establish a council to serve as state child care and early the State Advisory Council on education agencies to collaboration on early care and provide leadership and education activities for children assistance to local Head from birth to school entry. Start programs, school districts, and state- and The SAC's responsibilities locally funded preschool include (but are not limited to) and child care programs, conducting statewide needs through adoption of local assessments; fostering MOUs (referred to above). collaboration and coordination To aid coordination efforts, among early childhood care the SELC is to conduct and education entities; periodic statewide needs developing statewide assessments concerning professional development for early care and education early care and education in the programs. state; assessing the availability of high quality prekindergarten services for low-income children in the state. CRS-56 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Funding for SELC (Sec. 10) (Sec. 6) Allotted funds distributed to The Secretary shall use a state are to cover no more collaboration funding to award, than 50% of the cost of on a competitive basis, one- carrying out the SELC time startup grants of at least activities. $500,000 to eligible states to enable them to pay for the Federal funds made federal share (30%) of the cost available for this purpose of further developing and are to supplement, and not implementing the plans for supplant other federal, state, which the State Advisory and local funds that would Council is responsible. ootherwise be spent. SEC. 643. SUBMISSION OF PLANS TO GOVERNORS Time Period for State Under current law, any No change to current law. (Sec. 12) Governors' Approval of contract, agreement, grant The time period for approving Plans or other assistance made for or disapproving a plan would the purpose of carrying out be reduced from 45 days to 30 a Head Start program days. within a state cannot be made without a plan setting forth the proposed contract, agreement, grant, or other assistance having been submitted to and approved by the Governor. The Governor currently has 45 days to approve or disapprove a plan. CRS-57 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Applicability This section of law No change to current law. (Sec. 12) currently does not apply to Amends current law to likewise contracts, agreements, not apply this section to Indian, grants, loans, or other Migrant, and Seasonal Head assistance to any institution Start programs. of higher education in existence on the date of the act's enactment. SEC. 644. ADMINISTRATIVE REQUIREMENTS AND STANDARDS Annual Report No provision. (Sec. 11) No provision. Adds provision to current law, requiring that each Head Start agency make available to the public an annual report that includes the total public and private funds received and the amount from each source; an explanation of prior year's budgetary expenditures and proposed budget for the next year; the total number of children and families served and the percent of eligible children served; the results of most recent review and financial audit; the percentage of enrolled children that received medical and dental exams; information about parent involvement activities; and the agency's efforts to prepare children for kindergarten. CRS-58 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Purchase of Facilities Under current law, Head Detailed regulations (Sec. 11) No provision. Start funds may not be used regarding Head Start Adds to the list a by a Head Start agency to Facilities purchase are requirement that the Head purchase a facility unless a found in 45 CFR 1309. Start agency provide the list of conditions (listed in Secretary with a description law) are found to be met of the consultation (by the Secretary). conducted by the Head Start agency with other capable providers in the community, assessing the cost effectiveness of collaborating with those other providers as opposed to the cost effectiveness of purchasing a facility. SEC. 645. PARTICIPATION IN HEAD START PROGRAMS Income Eligibility Current law states that all 45 CFR 1305.4 states that at (Sec. 12) (Sec. 14) children from families with least 90% of the children Allows for expansion of Expands eligibility from the income below the poverty who are enrolled in each eligibility up to 130% of the poverty line to 130% of the line are eligible for Head Head Start program must be poverty guidelines, if poverty line, but requiring that Start. from low income families application requirements for programs make efforts to serve (i.e. below poverty), with doing so are met. No more families with incomes below exception in the case of than 20% of children served the poverty line prior to serving tribal programs, where at by a Head Start agency are other income-eligible children. least 51% of the children to be above the poverty served are to be from line. families below the poverty line. Eligibility of Homeless No specific provision (Sec. 12) (Sec. 14) Children applying to homeless Homeless children shall be Same as House bill. children. deemed eligible for Head Start services. CRS-59 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Expansion of Services for (Sec. 12) (Sec. 14) Infants and Toddlers If an agency submits (to the Comparable provision Secretary) a written request requiring written application to and application, it may be expand services to infants and approved to use regular toddlers. Head Start funds (as opposed to Early Head Start funds) to serve infants and toddlers. Military Pay and Allowances No provision. 45 CFR 1305.2 defines (Sec. 12) (Sec. 14) Not Counted as Income income as "gross cash The amount of a basic Same as House bill, with income and includes earned allowance provided on additional provision that any income, military income behalf of an individual who special pay relating to duty (including pay and is a member of the subject to hostile fire or allowances), veterans uniformed services for imminent danger shall also not benefits, Social Security housing shall not be be countable as income for benefits, unemployment considered to be income for eligibility determination compensation, and public purposes of Head Start purposes. assistance benefits." income eligibility for his/her child. Part-Day Session No provision. No provision. (Sec. 14) Participation Versus Full- After demonstrating a need Day through a community needs assessment, a Head Start agency may apply to the Secretary to convert part-day sessions, particularly consecutive part-day sessions, into full-day session. CRS-60 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND TODDLERS Scope and Design of Current law outlines the (Sec. 13) (Sec. 15) Programs scope of Early Head Start Expands Early Head Start Comparable language to House Programs with a list of nine (EHS) program's scope to bill. functions they are to serve. include: -ensuring formal linkages with the agency responsible for administering the Child Abuse Prevention and Treatment Act; -developing and implementing a systematic procedure for transitioning children and parents from an EHS program into a Head Start program or another local early childhood education program; and -establishing channels of communication between staff of EHS programs and staff of Head Start programs or other local early childhood education programs. Professional Development Training and technical (Sec. 13) (Sec. 15) assistance funds may be Same as current law, adding Similar to House bill, with used for (among other that funds may be used for amended language stating that things) providing providing professional professional development professional development development designed to activities should include and personnel enhancement increase program teaching methods of activities for the recruitment participation for conducting parent education, and retention of qualified underserved populations of home visiting, and promoting staff with an appropriate eligible children. quality early childhood CRS-61 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) level of education and development. experience. EHS Training and Technical In order to ensure the (Sec. 13) No change to current law. Assistance Account successful operation of Adds more specific programs assisted under this language to current law section, the Secretary shall regarding distribution of the use training and technical T/TA funds, and requires assistance funds to monitor that any EHS training and the operation of programs, technical assistance evaluate their effectiveness, contracts be made with and provide training and entities that have technical assistance tailored demonstrated expertise in to the particular needs of supporting the delivery of such programs. At least 5% high quality programs for and no more than 10% of pregnant women and EHS funding shall be children under age three. reserved to fund a training (House floor amendment ) and technical assistance account. EHS Staff Qualifications (Sec. 13) (Sec. 15) Center-based staff No specific provision. 45 CFR 130.52 states, By September 30, 2009, all By September 30, 2012, all "Early Head Start and Head teachers providing direct teachers providing direct Start staff working as services to children and services in EHS centers are to teachers with infants and families participating in have a minimum of a CDA or toddlers must obtain a Child EHS center programs are to an associate degree, and have Development Associate have a minimum of a CDA been trained (or have (CDA) credential for Infant credential, and have been equivalent course work) in and Toddler Caregivers or trained (or have equivalent early childhood development. an equivalent credential that course work) in early addresses comparable childhood development. competencies within one year of the effective date of the final rule or, thereafter, within one year of hire as a CRS-62 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) teacher of infants and toddlers. Home visitor staff No specific provision. 45 CFR 1304.52 states, The Secretary shall Same as House bill. "Home visitors must have establish standards for knowledge and experience training, qualifications, and in child development and conduct of home visitor early childhood education; staff in EHS (the content of the principles of child which are outlined in the health, safety, and nutrition; bill). adult learning principles; and family dynamics..." NEWLY PROPOSED SEC. 645B (and 657A) PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES, INCLUDING NON- EMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS (Sec. 14) (Sec. 25) Requires a Head Start Similar to House bill, although agency to obtain written it does not use the broad term consent of a child's parent of "health care services," and before administering (or instead applies the consent submitting referrals for) any requirement to any health care service (defined "nonemergency intrusive in the bill to include any physical examination" (as nonemergency intrusive identically defined in the physical examination and House bill). The difference is any medical, dental, also reflected in the Sec. 657A developmental, mental heading. health, social or behavioral screening). SEC. 646. APPEALS, NOTICE, AND HEARING Right to Full and Fair Under current law, the Appeal procedures are (Sec. 15) (Sec. 16) Hearing in Cases of Funding Secretary is to prescribe detailed in 45 CFR 1303. Changes current law to say Amends current law to state Termination and Reduction procedures to assure that that if financial assistance is that financial assistance may be financial assistance under terminated or reduced, an terminated or reduced, and an CRS-63 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) the Head Start program application for a application for refunding may shall not be terminated or noncompeting continuation be denied, after the recipient reduced, an application for award is denied based on a has been afforded reasonable refunding shall not be previous failure to comply notice and opportunity for a denied, and a suspension of with terms of the assistance, full and fair hearing, including financial assistance shall or suspension of financial a right to file a notice of appeal not be continued for longer assistance is continued for of a decision within 30 days of than 30 days, unless the more than 30 days, there notice of the Secretary's recipient has been afforded shall be the opportunity to decision, and access to a fair reasonable notice and appeal the action. hearing of the appeal, not later opportunity for a full and than 120 days from receipt by fair hearing. the Secretary of the notice of appeal. Coverage of Legal Fees in No provision. 45 CFR 1303.3 allows (Sec. 15) (Sec. 16) Cases of Appeal attorney fees to be charged No funds made available Calls for Secretary to develop to the program grant (within may be used to reimburse and publish procedures to be limits). In the event that any appellant for legal fees used in order to prohibit a use of program funds would and other costs incurred in Head Start agency from result in curtailment of pursuing the appeal. spending Head Start funds for operations or inability to the purpose of paying legal liquidate prior obligations, fees pursuant to an appeal, the party so affected may except that such fees shall be apply to HHS for payment reimbursed by the Secretary if of these expenses. the agency prevails in the appeal decision. Suspension of Funds for No provision. 45 CFR 1303.11 No provision. (Sec. 16) More than 30 Days Suspension shall not exceed The Secretary may not suspend 30 days unless HHS and the funds to a grantee for more grantee agree to a than 30 days except in the case continuation of the of a grantee that has multiple suspension for an additional and recurring deficiencies for a period of time. period of 180 days or more and has not made substantial and significant progress towards meeting the goals of the quality CRS-64 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) improvement plan for eliminating all deficiencies identified by the Secretary during an appeal. In these cases, funds may be suspended for any amount of time, including permanently. SEC. 647. RECORDS AND AUDITS Record Keeping Current law requires 45 CFR 1304.51(g) requires (Sec. 16) (Sec. 16) grantees to keep records as that grantee and delegate Strikes current law Adds to current law that each prescribed by the Secretary, agencies must establish and language and replaces with Head Start agency, Head Start and gives the Secretary and maintain efficient and requirements that each center, or Early Head Start U.S. Comptroller General effective record-keeping recipient of federal Head center shall maintain, and the authority to have access systems to provide accurate Start funds: annually submit to the to all records pertinent to and timely information - maintain, and annually Secretary a complete Head Start financial regarding children, families, submit to the Secretary, a accounting of its administrative assistance, for the purpose and staff and must ensure complete accounting of its expenses, including expenses of audit and examination. appropriate confidentiality administrative expenses for salaries and compensation of this information. (including a detailed funded by federal Head Start statement identifying the funds, and provide such amount of funding used to additional documentation as pay expenses for salaries the Secretary may require. and compensation); - submit to the Secretary, within 30 after completion of an audit conducted to the extent provided in the Single Audit Act, a copy of the audit management letter and of any audit findings as they relate to the Head Start program; in addition to any additional documentation as the Secretary may require. CRS-65 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 648. TECHNICAL ASSISTANCE AND TRAINING Regional or State System of No specific provision. (Sec. 17) (Sec. 17) Early Childhood Education At least 30% of the training The Secretary shall make Training and Technical and technical assistance set- training and technical Assistance aside (discussed under Sec. assistance funds (see Sec. 640) 640) is to be made available available to support a state to support a state system of system of early childhood early childhood education education training and training and technical technical assistance. assistance. Purpose of Training and Current law includes a list (Sec. 17) (Sec. 17) Technical Assistance of 11 purposes for which Expands current law's list Similar to House bill, with technical assistance and to include the following additional purposes: to provide training funds may be purposes: to assist Head training and technical allocated. Start agencies and programs assistance to members of in increasing program governing bodies to ensure that participation of homeless they can fulfill their functions; children; to assist Head to provide training and Start agencies and programs technical assistance to Head in improving outreach to, Start agencies to assist in and the quality of services conducting self-assessments; to available to, limited English provide activities that help proficient children and their ensure that Head Start families; to assist Head programs have qualified staff Start agencies in developing who can promote prevention of methods and approaches for childhood obesity; to assist identifying and working Indian Head Start agencies to with children and families provide on-site and off-site experiencing toxic stress; training to staff. assisting programs in improving outreach to disabled children if fewer than 10% of a program's children fall into that category; and providing CRS-66 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) assistance to address needs of rural programs. Classroom-Focused Training No provision specifying (Sec. 17) (Sec. 17) amounts to be spent for More than 50% of training Similar to House bill, except classroom-focused training and technical assistance without a specified percentage and technical assistance. funds spent under this regarding the amount to be section is to be used for spent for this purpose. classroom-focused training. Training for Addressing No specific provision. (Sec. 17) (Sec. 17) Unique Needs of Select Head The Secretary shall provide, Same as House bill. Start Children and Families either directly or through grants or other arrangements, funds for training Head Start personnel in addressing unique needs of migrant and seasonal working families, families of children with disabilities, LEP families and homeless families. Limitation on Use of Funds No provision. (Sec. 17) (Sec. 17) for Travel and Training Funds shall be used for Same as House bill. needs identified annually by a grant applicant or delegate agency in their program improvement plan, except that funds may not be used for long-distance travel expenses for training activities available locally or for similar activities available locally or regionally. CRS-67 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Outreach Program to Train No provision. (Sec. 17) No provision. and Recruit Minority Men as The Secretary is to develop Head Start Teachers and implement an outreach program to train and recruit minority men to become Head Start teachers in order to increase the provision of quality services and instruction to children with diverse backgrounds. Use of Funds for Pre- Current law allows training (Sec. 17) (Sec. 17) Literacy Training funds to be used for the Adds language detailing use Same as House bill. purpose of pre-literacy of training funds to support training. enhanced early language and preliteracy development of children in Head Start programs. Assessing the Migrant and No provision. (Sec. 17) No comparable provision. Seasonal and American The Secretary shall work in Indian Population's Needs collaboration with Migrant and seasonal Head Start agencies, Indian Head Start programs, collaboration directors, the Secretary of Education, and others to determine the number of children eligible for and served by these programs, and to ensure as comparable access as possible. Plans for carrying out the above are to be published in the Federal Register, and after a public comment period, a report will be submitted to CRS-68 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Congress describing HHS' plan. Report of Findings on No provision. (Sec. 17) No provision. Migrant and Seasonal as well The Secretary shall as American Indian annually submit a report to Population Congress detailing the number of children of migrant and seasonal farmworkers and American Indian and Native Alaskan children who are eligible for Head Start and the number enrolled. Establishing Contracts for No provision. (Sec. 17) No provision. Delivering a State-Based The Secretary shall enter Training and Technical into contracts in each state Assistance System with 1 or more entities with demonstrated expertise in supporting the delivery of high quality early education programs. The Secretary will provide a report to Congress within 90 days of the end of the fiscal year, summarizing the funding for such contracts, and the activities conducted under them. An amendment added on the House floor would also ensure that contracts address the needs of grantees in both urban and rural areas. On-line Graduate-Level No provision. (Sec. 17) No provision. CRS-69 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Professional Development The Secretary is encouraged Program to contract, on a competitive basis, with an institution of higher education to develop an on- line graduate-level professional development program with the goal of improving the leadership of those working in Head Start programs and improving quality and capacity of effective Head Start teachers. Tribal Colleges and No provision in law (but the (Sec. 17) See Section 19, which proposes Hispanic-serving Institutions programs currently exist). Authorizes these a new section of law, Sec. Career Ladder demonstration grants, which 648B. Demonstration Programs are granted for at least 5- year periods at a time. Historically Black Colleges No provision in law (but the (Sec. 17) No provision. and Universities - Head Start partnerships currently Instructs the Secretary of Partnerships exist). HHS to create partnerships between Head Start and historically black colleges and universities (HBCUs). (House floor amendment) SEC. 648A. STAFF QUALIFICATIONS AND DEVELOPMENT Degree Requirements for By September 30, 2003, at (Sec. 18) (Sec. 18) Teachers (Nationwide) least 50% of all Head Start Requires that at least 50% Requires all Head Start teachers nationwide in of all Head Start teachers in teachers nationwide in center- center-based programs were center-based Head Starts based programs, by September to have an associate, BA, or nationwide have at a 30, 2012, to have at least an advanced degree in early minimum, a BA in early associates degree (or CRS-70 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) childhood education or, a childhood education by equivalent course work) degree (AA, BA, or September 30, 2013. relating to early childhood advanced) in a related field, education and have combined with experience demonstrated teaching in teaching preschool competencies as determined by children. the program director. Degree Requirements for No provision. No provision. (Sec. 18) Teachers (Statewide) By September 30, 2013, 50% of all Head Start teachers in center-based programs in each state (and geographic region for Indian Head Start programs and for migrant and seasonal programs) are to have a BA relating to early childhood (or related area) and demonstrated teaching competencies, as determined by the program director. Alternative Credentialing For each Head Start (Sec. 18) No provision. Requirement -- Teach for classroom in a center-based Adds another category of America program that does not have individuals eligible for a teacher meeting the meeting alternative requirements listed above, credentialing requirement: that classroom is to be - individuals with a B.A. assigned one teacher who degree, in the Teach for has America program, who, as - a child development part of that progam, have associate credential (CDA); passed a rigorous early - a state-awarded certificate childhood content exam, for preschool teachers that and participated in a Teach meets or exceeds the for America summer requirements for a CDA; or training institute that -a degree in a field related includes teaching preschool to early childhood children. CRS-71 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) education with experience in teaching preschool children and a state- awarded certificate to teach in a preschool program Sec. 648A(a)(3) Degree Requirements for Teacher requirements 45 CFR 1304.52(d) No provision. (Sec. 18) Head Start Curriculum apply. establishes qualifications of By September 30, 2010, all Specialists and Education content area experts. In Head Start curriculum Coordinators addition to meeting the specialists and education degree requirements of coordinators nationwide in classroom teachers, center-based programs are to education and child have a BA or advanced degree development services must relating to early childhood, or a be supported by staff or BA or advanced degree and consultants with training coursework equivalent to a and experience in areas that major relating to early include the theories and childhood. principles of early child development and education. Degree Requirements for No specific provision. No provision. (Sec. 18) Teaching Assistants By September 30, 2010, all Head Start teaching assistants nationwide in center-based programs are to: have at least a CDA credential; be enrolled in a program leading to an AA or BA degree; or be enrolled in a CDA credential program to be completed within two years. CRS-72 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Teacher In-Service No provision. No provision. (Sec. 18) Requirement Each Head Start teacher shall attend not less than 15 hours of professional development per year. Progress Report to Congress Current law requires Head (Sec. 18) (Sec. 18) Start agencies to Head Start agencies are Same as House bill. demonstrate to the required to submit a report Secretary continuing to the Secretary indicating progress each year with the number and percentage regard to degree of classroom teachers in requirements. No provision center-based programs with requires a report from HHS respective degrees. The to Congress. Secretary is then required to compile the information and submit to Congressional committees of jurisdiction. Requirement for New Head No provision. (Sec. 18) No provision. Start Teachers Within two years after date of enactment, all Head Start teachers hired in center- based programs following the effective date are to have an AA, BA, or advanced degree in early childhood related field, or be enrolled in a program of study leading to an AA in early childhood education and agree to complete the degree requirements within three years from their date of hire. CRS-73 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) Service Requirement No provision. (Sec. 18) (Sec. 18) Individuals who receive Individuals who receive financial assistance under financial assistance under the the Head Start program to Head Start program to pursue a comply with degree degree are to teach or work in a requirements are to teach in Head Start program for at least a Head Start center for a three years after receiving the least the same length of degree, or repay the total or a time that they received prorated amount of the assistance or repay the financial assistance. amount of the funds. Professional Development No provision. (Sec. 18) (Sec. 18) Plans Each Head Start agency and Same as House (with specific program shall consult with reference to classroom an employee to create a teachers, curriculum professional development specialists, and education plan for all full-time coordinators). employees who provide direct services to children. Criminal Background No provision. Personnel policy (Sec. 18) No provision. Checks regulations 1301.31(b) state Prior to hiring an that before an employee is individual, a Head Start hired, grantee or delegate grantee is to conduct an agencies must conduct: interview, verify personal - an interview with the and employment references, applicant; and obtain a criminal - a verification of personal records check. and employment references; (House floor amendment) and - a state or national criminal record check. If it is not feasible to obtain House bill does not contain a criminal record check the level of detail that prior to hiring, an employee current regulations do. CRS-74 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) must not be considered permanent until such a check has been completed. Regulations also stipulate that agencies require all current and prospective employees sign a declaration listing all pending and prior criminal arrests and charges related to child sexual abuse and their disposition; convictions related to other forms of child abuse and neglect; and all convictions of violent felonies. (The regulations do include some "declaration exclusions.") Student Loan Forgiveness No provision. (Sec. 18) No provision. Program for Head Start and Authorizes the Secretary of Early Head Start Teachers Education, in consultation with the Secretary of HHS, to implement a student loan forgiveness program for Head Start and Early Head Start teachers who receive a BA in a field related to early childhood education and agree to teach in a Head Start (or EHS) program for a minimum of three years. (House floor amendment) CRS-75 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) NEWLY PROPOSED SEC. 648B. TRIBAL COLLEGES AND UNIVERSITIES HEAD START PARTNERSHIP Creation of Grant Program to No provision. No provision. (Sec. 19) partner Head Start agencies Authorizes grants of at least with Tribal Colleges and five years to Tribal Colleges Universities and Universities to implement education programs that include tribal culture and language and increase the number of AA, BA, and graduate degrees in early childhood education that are earned by Indian Head Start agency staff, parents of children served in Indian Head Start programs, and members of the tribal community. Authorized funding No provision. No provision. (Sec. 18) Authorizes $10 million for FY2008, and such sums as necessary for FY2009-FY2012. SEC. 649. RESEARCH, DEMONSTRATIONS, AND EVALUATION Use of Survey of Income and Current law provides for (Sec. 19) (Sec. 20) Program Participation use of SIPP, NLSY, and Strikes current law Retains provision in current (SIPP), the National SPD for gathering data and provision for use of SIPP, law. Longitudinal Survey of conducting analysis on NLSY, and SPD for Youth (NLSY), and the Head Start. conducting analysis on Survey of Program Head Start. Dynamics (SPD) for Analysis Study and Report on No provision. (Sec. 19) (Sec. 20) Services to LEP Children Calls for a study to be Comparable to House bill with and Families conducted within one year regard to the study's content, CRS-76 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) of the enactment of this act however the report is not on the status of limited required to be submitted to English proficient children Congress until September of and families in Head Start 2011. and Early Head Start programs. The Secretary shall prepare and submit a report, containing results of the study (the criteria of which are outlined in the bill). Study of Status of Head Start No provision. (Sec. 19) No provision. Participants in Hurricane- The Secretary shall conduct Affected Areas a study on the status of children and families participating in Head Start and Early Head Start programs in areas affected by Hurricanes Katrina and Rita, to be submitted to Congress within one year of enactment of this act. On the basis of this report, the Secretary is to also submit disaster plan recommendations. SEC. 650 REPORTS. Expenditure Report on Set- No provision. (Sec. 20) No provision. asides Not later than 60 days after the end of each fiscal year, the Secretary is to submit to the House Education and Labor and Senate HELP Committees a report CRS-77 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) detailing the different amounts of expenditures from the 13% set-asides and the activities funded. Fiscal Protocol Report No provision. (Sec. 20) No provision. The Secretary shall conduct an annual review to assess whether the design and implementation of the triennial PRISM reviews include compliance procedures that provide reasonable assurance that Head Start agencies are complying with fiscal laws and regulations. Findings are to be provided to the House Education and Labor and Senate HELP Committees within 30 days of completing the annual review. Report Tracking Use of No provision. (Sec. 20) No provision. Individual Education Plans The Secretary shall track (IEPs) the use of Head Start Individualized Education Plans by Head Start agencies, and report to Congressional committees one year after enactment of this act. CRS-78 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 653. WAGES AND COMPENSATION Federal Rate Limitation No provision in the Head (Sec. 20) (Sec. 22) Start Act. However, the Notwithstanding any other Same as House bill. FY2005 appropriations act provision of law, no federal (P.L. 108-447) stated in funds shall be used to pay Sec. 205 that none of the all or any part of the funds appropriated for Head compensation of an Start could be used to pay individual employed by a the compensation of an Head Start agency, either as individual, either as direct direct or indirect costs or costs or any proration as an any proration thereof, at a indirect cost at a rate in rate in excess of the rate excess of Executive Level then payable for level II of II. the Executive Schedule. NEWLY PROPOSED SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS Limitations on use of funds No provision comparable to (Sec. 22) No provision. House bill. No funds may be used for publicity or propaganda purposes, or to produce any prepackaged news story intended for broadcast or distribution (unless clearly identified as prepared or funded by HHS). CRS-79 H.R. 1429, Senate Version Current Regulations H.R. 1429, Current Law (an amended version of (when applicable) House Version committee-passed bill S. 556) SEC. 656. POLITICAL ACTIVITIES Current law states that Head Regulations not issued. No change to current law. (Sec. 24) Start programs shall not be Amends current law's carried on in a manner provision to state that Head involving use of program Start programs and any funds, the provision of individual employed by, or services, or the employment assigned to such programs, or assignment of personnel during the hours such in a manner supporting or individual is working on behalf resulting in the of the program, shall not identification of such engage in (1) any partisan or programs with (1) any nonpartisan political activity or partisan or nonpartisan any other political activity political activity or any associated with a candidate, or other political activity contending faction or group, in associated with a candidate, an election for public or party or contending faction or office; or (2) any activity to group, in an election for provide voters or prospective public or party office; (2) voters with transportation to any activity to provide the polls or similar assistance voters or prospective voters in connection with any such with transportation to the election. polls or similar assistance in connection with any such The Senate bill drops any election; or (3) any voter reference to a prohibition on registration activity. The voter registration activity. Secretary, after consultation with the Office of Personnel The bill retains current law's Management, shall issue provision regarding the rules and regulations to Secretary consulting with OPM provide for the enforcement and issuing rules and of this section which shall regulations, except changes include provisions for "shall" to "may." summary suspension of assistance or other action necessary to permit enforcement on an emergency basis. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33968