81 FR 87843 - Head Start Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range		87843-87844
FR Document		2016-29183

The Office of Head Start will delay the compliance date for background checks procedures described in the Head Start Program Performance Standards final rule that was published in the Federal Register on September 6, 2016. We are taking this action to afford programs more time to implement systems that meet the background checks procedures and to align with deadlines for states complying with background check requirements found in the Child Care and Development Block Grant (CCDBG) Act of 2014.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87843-87844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29183]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1302

RIN 0970-AC63


Head Start Program

AGENCY: Office of Head Start (OHS), Administration for Children and 
Families (ACF), Department of Health and Human Services (HHS).

ACTION: Final rule; delay of compliance date.

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SUMMARY: The Office of Head Start will delay the compliance date for 
background checks procedures described in the Head Start Program 
Performance Standards final rule that was published in the Federal 
Register on September 6, 2016. We are taking this action to afford 
programs more time to implement systems that meet the background checks 
procedures and to align with deadlines for states complying with 
background check requirements found in the Child Care and Development 
Block Grant (CCDBG) Act of 2014.

DATES: The compliance date for the background checks procedures 
described in 45 CFR 1302.90(b) is delayed until September 30, 2017.

FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Division Director of 
Early Childhood Policy and Budget, Office of Early Childhood 
Development, [email protected], (202) 358-3263 (not a toll-free 
call). Deaf and hearing impaired individuals may call the Federal Dual 
Party Relay Service at 1-800-877-8339 between 8 a.m. and 7 p.m. Eastern 
Standard Time.

SUPPLEMENTARY INFORMATION: The Head Start program provides grants to 
local public and private non-profit and for-profit agencies to provide 
comprehensive child development services to economically disadvantaged 
children and families and to help preschoolers develop the skills they 
need to be successful in school. We amended our Head Start program 
performance standards in a final rule that published in the Federal 
Register on September 6, 2016.
    Head Start Program Performance Standards are the foundation for 
Head Start's mission to deliver comprehensive, high-quality 
individualized services to support children from low-income families 
prepare for school. They outline requirements grantees and delegate 
agencies must implement to operate high quality Head Start or Early 
Head Start programs and provide a structure to monitor and enforce 
quality standards.
    Our performance standards highlight child safety as a top priority. 
We strengthen our criminal background checks process at 45 CFR 
1302.90(b), in the final rule, to reflect changes in the Improving Head 
Start for School Readiness Act of 2007 (Act), 42 U.S.C. 9801 et seq., 
and to complement background check requirements in the Child Care and 
Development Block Grant (CCDBG) Act of 2014, 20 U.S.C. 1431 et seq., 
20.
    In the SUPPLEMENTARY INFORMATION section of the final rule, we 
provided a table, Table 1: Compliance Table that lists dates by which 
programs must implement specific standards. We list August 1, 2017 as 
the date by which programs must comply with background checks 
performance standards at 45 CFR 1302.90(b)(2), (4), and (5) in the 
final rule.
    Generally, before a person is hired, we require programs to conduct 
a sex offender registry check and obtain either a state or tribal 
criminal history records, including fingerprint checks, or a Federal 
Bureau of Investigation (FBI) criminal history records, including 
fingerprint checks, before a person is hired. This performance standard 
under section 1302.90(b)(1) became effective the date the final rule 
was published. Programs were to have systems in place, by August 1, 
2017, to accommodate this part of the background checks process.
    In sections 1302.90 (b)(2), (4), and (5), we afford programs 90 
days to obtain which ever check they could not obtain before the person 
was hired, as well as child abuse and neglect state registry check, if 
available; we require programs to have systems in place that ensure 
these newly hired employees do not have unsupervised access to children 
until their background process is complete; and we require programs to 
conduct complete background checks that consist of a sex offender 
registry check, state or tribal history records, including fingerprint 
checks and an FBI criminal history records, including fingerprint 
check, as well as a child abuse and neglect state registry check, if 
available, for each employee at least once every five years.
    We believe programs will need more time to implement systems to 
complete the backgrounds checks process listed at sections 
1302.90(b)(2), (4), and (5) in our final rule. Also, we recognize most 
states will have systems that can accommodate our programs' background 
checks requests by September 30, 2017.

[[Page 87844]]

The reason being, Congress requires states that receive CCDBG funds to 
use the same set of comprehensive background checks for all child care 
teachers and staff. These states must have requirements as well as 
policies and procedures to enforce and conduct criminal background 
checks for existing and prospective child care providers by September 
30, 2017. We can minimize burden on programs that operate with both 
Head Start and Child Care Development Funds if we extend the time by 
which our programs must comply with section 1302.90(b) to September 30, 
2017. Until September 30, 2017, the criminal record check requirements 
from section 648A of the Act remain in place.
    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    We find good cause to waive public comment under Section 553(b) of 
the Administrative Procedure Act because it is unnecessary and contrary 
to the public interest to provide for public comment in this instance. 
The delayed compliance date poses no harm or burden to programs or the 
public. To have provided a period for public comment would have only 
extended concern in the Head Start community of how they were going to 
comply with the requirement in a different timeframe than that afforded 
the child care program. Programs may voluntarily come into compliance 
at an earlier date if they have the processes already in place.

    Dated: November 22, 2016.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
    Approved: November 30, 2016.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2016-29183 Filed 12-5-16; 8:45 am]
BILLING CODE P

Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations 87843

PART 228—CRITERIA FOR THE DEPARTMENT OF HEALTH AND agencies must implement to operate
MANAGEMENT OF DISPOSAL SITES HUMAN SERVICES high quality Head Start or Early Head
FOR OCEAN DUMPING Start programs and provide a structure
Administration for Children and to monitor and enforce quality
■ 1. The authority citation for part 228 Families standards.
Our performance standards highlight
continues to read as follows:
45 CFR Part 1302 child safety as a top priority. We
Authority: 33 U.S.C. 1412 and 1418. strengthen our criminal background
RIN 0970–AC63
■ 2. Section 228.15 is amended by checks process at 45 CFR 1302.90(b), in
revising paragraph (b)(4)(vi) Head Start Program the final rule, to reflect changes in the
Improving Head Start for School
introductory text and adding paragraph AGENCY: Office of Head Start (OHS), Readiness Act of 2007 (Act), 42 U.S.C.
(b)(6) to read as follows: Administration for Children and 9801 et seq., and to complement
§ 228.15 Dumping sites designated on a Families (ACF), Department of Health background check requirements in the
final basis. and Human Services (HHS). Child Care and Development Block
ACTION: Final rule; delay of compliance Grant (CCDBG) Act of 2014, 20 U.S.C.
* * * * *
date. 1431 et seq., 20.
(b) * * * In the SUPPLEMENTARY INFORMATION
(4) * * * SUMMARY: The Office of Head Start will section of the final rule, we provided a
delay the compliance date for table, Table 1: Compliance Table that
(vi) Restrictions: The designation in background checks procedures lists dates by which programs must
this paragraph (b)(4) sets forth described in the Head Start Program implement specific standards. We list
conditions for the use of the Central Performance Standards final rule that August 1, 2017 as the date by which
Long Island Sound (CLDS), Western was published in the Federal Register programs must comply with background
Long Island Sound (WLDS) and Eastern on September 6, 2016. We are taking checks performance standards at 45 CFR
Long Island Sound (ELDS) Dredged this action to afford programs more time 1302.90(b)(2), (4), and (5) in the final
Material Disposal Sites. These to implement systems that meet the rule.
conditions apply to all disposal subject background checks procedures and to Generally, before a person is hired, we
to the MPRSA, namely, all federal align with deadlines for states require programs to conduct a sex
projects and nonfederal projects greater complying with background check offender registry check and obtain either
than 25,000 cubic yards. All references requirements found in the Child Care a state or tribal criminal history records,
to ‘‘permittees’’ shall be deemed to and Development Block Grant (CCDBG) including fingerprint checks, or a
include the U.S. Army Corps of Act of 2014. Federal Bureau of Investigation (FBI)
Engineers (USACE) when it is DATES: The compliance date for the criminal history records, including
authorizing its own dredged material background checks procedures fingerprint checks, before a person is
disposal from a USACE dredging described in 45 CFR 1302.90(b) is hired. This performance standard under
project. The conditions for this delayed until September 30, 2017. section 1302.90(b)(1) became effective
the date the final rule was published.
designation are as follows: FOR FURTHER INFORMATION CONTACT:
Programs were to have systems in place,
* * * * * Colleen Rathgeb, Division Director of by August 1, 2017, to accommodate this
Early Childhood Policy and Budget, part of the background checks process.
(6) Eastern Long Island Sound
Office of Early Childhood Development, In sections 1302.90 (b)(2), (4), and (5),
Dredged Material Disposal Site (ELDS).
OHS_NPRM@acf.hhs.gov, (202) 358– we afford programs 90 days to obtain
(i) Location: Corner Coordinates 3263 (not a toll-free call). Deaf and which ever check they could not obtain
(NAD83) 41°15.81′ N., 72°05.23′ W.; hearing impaired individuals may call before the person was hired, as well as
41°16.81′ N., 72°05.23′ W.; 41°16.81′ N., the Federal Dual Party Relay Service at child abuse and neglect state registry
72°07.22′ W.; 41°15.97′ N., 72°07.22′ W.; 1–800–877–8339 between 8 a.m. and 7 check, if available; we require programs
41°15.81′ N., 72°06.58′ W. p.m. Eastern Standard Time. to have systems in place that ensure
(ii) Size: A 1 x 1.5 nautical mile SUPPLEMENTARY INFORMATION: The Head these newly hired employees do not
irregularly-shaped polygon, with an area Start program provides grants to local have unsupervised access to children
of 1.3 square nautical miles (nmi2) due public and private non-profit and for- until their background process is
to the exclusion of bedrock areas. North- profit agencies to provide complete; and we require programs to
central bedrock area corner coordinates comprehensive child development conduct complete background checks
(NAD83) are: 41°16.34′ N., 72°05.89′ W.; services to economically disadvantaged that consist of a sex offender registry
41°16.81′ N., 72°05.89′ W.; 41°16.81′ N., children and families and to help check, state or tribal history records,
72°06.44′ W.; 41°16.22′ N., 72°06.11′ W. preschoolers develop the skills they including fingerprint checks and an FBI
need to be successful in school. We criminal history records, including
(iii) Depth: Ranges from 59 to 100 feet amended our Head Start program fingerprint check, as well as a child
(18 m to 30 m). performance standards in a final rule abuse and neglect state registry check, if
(iv) Primary use: Dredged material that published in the Federal Register available, for each employee at least
disposal. on September 6, 2016. once every five years.
Head Start Program Performance We believe programs will need more
(v) Period of use: Continuing use.
mstockstill on DSK3G9T082PROD with RULES

Standards are the foundation for Head time to implement systems to complete
(vi) Restrictions: See paragraphs Start’s mission to deliver the backgrounds checks process listed at
(b)(4)(vi)(A) through (N) of this section. comprehensive, high-quality sections 1302.90(b)(2), (4), and (5) in our
* * * * * individualized services to support final rule. Also, we recognize most
[FR Doc. 2016–27546 Filed 12–5–16; 8:45 am] children from low-income families states will have systems that can
BILLING CODE 6560–50–P prepare for school. They outline accommodate our programs’ background
requirements grantees and delegate checks requests by September 30, 2017.

VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1

Document Created: 2016-12-06 02:19:04
Document Modified: 2016-12-06 02:19:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of compliance date.
Dates		The compliance date for the background checks procedures described in 45 CFR 1302.90(b) is delayed until September 30, 2017.
Contact		Colleen Rathgeb, Division Director of Early Childhood Policy and Budget, Office of Early Childhood Development, [email protected], (202) 358-3263 (not a toll-free call). Deaf and hearing impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 between 8 a.m. and 7 p.m. Eastern Standard Time.
FR Citation		81 FR 87843
RIN Number		0970-AC63

81 FR 87843 - Head Start Program

DEPARTMENT OF HEALTH AND HUMAN SERVICESAdministration for Children and Families

Federal Register Volume 81, Issue 234 (December 6, 2016)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families