83 FR 2743 - Secretarial Determination To Lower Head Start Center-Based Service Duration Requirement

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 83, Issue 13 (January 19, 2018)

Page Range		2743-2744
FR Document		2018-00897

With this document, the Secretary exercises his authority to waive the August 1, 2019 Head Start center-based service duration requirements, effectively lowering this requirement from 50 percent to 0 percent. However, the requirement that Early Head Start programs provide 1,380 annual hours of planned class operations for all center- based enrollment by August 1, 2018 remains in effect.

Federal Register, Volume 83 Issue 13 (Friday, January 19, 2018)

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Rules and Regulations]
[Pages 2743-2744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00897]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1302

RIN 0970-AC63


Secretarial Determination To Lower Head Start Center-Based 
Service Duration Requirement

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

ACTION: Secretarial determination on Head Start center-based service 
duration requirements; waiver.

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SUMMARY: With this document, the Secretary exercises his authority to 
waive the August 1, 2019 Head Start center-based service duration 
requirements, effectively lowering this requirement from 50 percent to 
0 percent. However, the requirement that Early Head Start programs 
provide 1,380 annual hours of planned class operations for all center-
based enrollment by August 1, 2018 remains in effect.

DATES: This waiver is effective January 19, 2018.

ADDRESSES: Office of Head Start, Mary Switzer Bldg., 330 C Street SW, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Division Director for 
Planning, Oversight and Policy, Office Head Start, 
[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:

Background Information

    In the Improving Head Start for School Readiness Act of 2007, 
Congress instructed the Office of Head Start to update its Head Start 
Program Performance Standards (HSPPS) by regulation and ensure that any 
such revisions in the standards do not result in the elimination of or 
any reduction in the quality, scope, or types of health, educational, 
parental involvement, nutritional, social, or other social services. We 
published a final rule to complete this revision at 45 CFR chapter 
XIII, subchapter B, on September 6, 2016. This final rule included a 
provision at Sec.  1302.21(c)(2)(iii) that would require each Head 
Start center-based program, by August 1, 2019, to provide 1,020 annual 
hours of planned class operations over the course of at least eight 
months per year for at least 50 percent of its Head Start center-based 
funded enrollment. This requirement represents an increase from the 
existing minimum requirement of 3.5 hours per day, 4 days per week, for 
128 days per year, which is equivalent to 448 annual hours. The longer 
1,020 annual hour service duration requirement was based on a body of 
research that suggests individual disadvantaged children benefit from 
longer exposure to enriching early learning programs than what is 
provided by the part-day, part-year programs. Research on full-day 
programs, instructional time, summer learning loss, and attendance all 
indicate longer service duration is linked with improved child 
outcomes. Moreover, increased service duration allows teachers more 
time to provide individualized and content-rich learning that is 
important for positive child outcomes. However, the research does not 
provide clarity on an exact threshold or combination of hours and days 
needed to achieve positive child outcomes.
    We also recognize extended services come at a significant cost for 
Head Start programs. Without additional funding from Congress to 
support longer hours of program operations, a requirement to increase 
service duration so that 50 percent of Head Start center-based slots in 
each program operate for 1,020 annual hours would result in the Head 
Start program serving significantly fewer children. Although research 
points to the benefits of increased service duration for an individual 
child, research has not answered whether the population as a whole 
benefits more when fewer children are served for a longer time as 
compared to more children being served for a shorter time.

[[Page 2744]]

    Because future appropriations levels were not known when the HSPPS 
final rule was published in September 2016, the final rule provided 
authority for the Secretary to lower the increased Head Start center-
based service duration requirements based on an assessment of available 
funding closer to the requirement's effective date in order to prevent 
thousands of disadvantaged children not having access to Head Start.

Authority

    Section 1302.21(c)(3)(i) of the HSPPS final rule allows the 
Secretary to lower the required percentage of funded enrollment slots 
for which programs must provide 1,020 annual hours of planned class 
operations from the 50 percent required in Sec.  1302.21(c)(2)(iii), on 
or before February 1, 2018, based on an assessment of the availability 
of sufficient funding to mitigate a substantial reduction in funded 
enrollment.

Funding Assessment

    The Secretary has made an assessment that Head Start appropriations 
are not sufficient to allow the requirement at Sec.  
1302.21(c)(2)(iii), for 50 percent of each program's Head Start center-
based slots to operate for 1,020 annual hours, to go into effect 
without resulting in a substantial reduction in funded enrollment.
    Prior to publication of the HSPPS final rule, Congress appropriated 
$294 million in fiscal year (FY) 2016 to support an increase in hours 
of program operations across Head Start and Early Head Start. At the 
time of the FY 2016 funding to support and increased duration, the 
regulatory requirements were not in effect. Programs that wished to 
voluntarily increase hours of program operations to 1,020 annual hours 
for up to 40 percent of their Head Start center-based slots or to 1,380 
annual hours for their Early Head Start center-based slots were 
eligible to submit an application by June 2016 to receive additional 
funds. Some eligible programs chose not to apply for additional 
funding. There are programs that currently operate none of their Head 
Start center-based funded enrollment for 1,020 annual hours. There are 
also programs that currently operate all of their Head Start center-
based funded enrollment for 1,020 hours or longer. These requirements 
are minimums, and programs could choose to operate some slots longer 
each day and/or for more days per year.
    In the HSPPS final rule, we estimated the cost for programs to 
implement the 50 percent service duration requirement to be $535 
million. Since the publication of the final rule in September 2016, 
when Head Start programs were notified of the future requirements to 
increase center-based service duration to 1,020 annual hours, no 
additional funds have been appropriated to support increases in service 
duration. While we requested funds to support additional increases in 
service duration in FY 2017, Congress did not further increase Head 
Start appropriations for this purpose.
    HHS has conducted an assessment of available funding and the 
current percentages of slots individual programs currently operate at 
1,020 annual hours. Based on this assessment, we estimate that without 
additional funding, implementation of the requirement at Sec.  
1302.21(c)(2)(iii) for each program to operate 50 percent of its Head 
Start center-based slots for 1,020 annual hours would result in a loss 
of approximately 41,000 Head Start slots, which represents roughly five 
percent of existing Head Start slots. The FY 2018 President's Budget 
did not request an increase in appropriations to support increases in 
service duration. We do not expect sufficient funding to become 
available in time for grantees to meet the current HSPPS standard.

Conclusion

    Under Sec.  1302.21(c)(3)(i), the Secretary has made a 
determination that there is not sufficient funding available to 
mitigate a substantial reduction in funded enrollment resulting from 
the requirement described in Sec.  1302.21(c)(2)(iii), and hereby 
waives the requirement that 50 percent of a program's Head Start 
center-based program's funded enrollment that must operate for 1,020 
annual hours of planned class operations by August 1, 2019, effectively 
lowering the percentage to 0. This determination is effective 
immediately. Because the HSPPS final rule governs the Secretary's 
discretion in this matter, the public comment process is not required.
    The service duration requirements for Head Start center-based 
programs described in Sec.  1302.21(c)(2)(i) and (ii) remain in effect. 
Under these requirements, a Head Start center-based program must 
provide, at a minimum, at least 160 days per year of planned class 
operations if it operates for five days per week, or at least 128 days 
per year if it operates four days per week. Classes must operate for a 
minimum of 3.5 hours per day. These requirements are minimums, and 
programs could choose to operate some slots longer each day and/or for 
more days per year. The Head Start Act allows programs to request to 
convert part-day slots to full-day or full-working-day slots. This 
determination by the Secretary provides local Head Start programs 
maximum flexibility to determine program schedules that best meet the 
demonstrated needs in their communities, and ensures low-income 
children will not lose access to Head Start's comprehensive services 
and a preschool experience before entering Kindergarten because of a 
federal requirement. Additionally, the requirement under Sec.  
1302.21(c)(1)(i) that Early Head Start programs provide 1,380 annual 
hours of planned class operations for all center-based enrollment by 
August 1, 2018 also remains in effect.
    The Secretary's determination under Sec.  1302.21(c)(3)(i) does not 
affect the Secretary's authority to make a separate determination under 
Sec.  1302.21(c)(3)(ii) on or before February 1, 2020, to maintain or 
lower the service duration requirement described in Sec.  
1302.21(c)(2)(iv) based on an assessment of the availability of 
sufficient funding to mitigate a substantial reduction in funded 
enrollment resulting from that requirement.
    In addition, the Secretary's determination under Sec.  
1302.21(c)(3)(i) does not change or affect current processes that allow 
grantees to request to serve children for longer service duration 
within existing funding levels as part of the grantee's annual service 
and enrollment negotiations with the Office of Head Start.

    Dated: January 16, 2018.
Eric D. Hargan,
Acting Secretary, Department of Health and Human Services.
[FR Doc. 2018-00897 Filed 1-18-18; 8:45 am]
BILLING CODE 4184-01-P

2744 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations

Because future appropriations levels 50 percent service duration requirement Start Act allows programs to request to
were not known when the HSPPS final to be $535 million. Since the convert part-day slots to full-day or full-
rule was published in September 2016, publication of the final rule in working-day slots. This determination
the final rule provided authority for the September 2016, when Head Start by the Secretary provides local Head
Secretary to lower the increased Head programs were notified of the future Start programs maximum flexibility to
Start center-based service duration requirements to increase center-based determine program schedules that best
requirements based on an assessment of service duration to 1,020 annual hours, meet the demonstrated needs in their
available funding closer to the no additional funds have been communities, and ensures low-income
requirement’s effective date in order to appropriated to support increases in children will not lose access to Head
prevent thousands of disadvantaged service duration. While we requested Start’s comprehensive services and a
children not having access to Head funds to support additional increases in preschool experience before entering
Start. service duration in FY 2017, Congress Kindergarten because of a federal
did not further increase Head Start requirement. Additionally, the
Authority
appropriations for this purpose. requirement under § 1302.21(c)(1)(i) that
Section 1302.21(c)(3)(i) of the HSPPS HHS has conducted an assessment of Early Head Start programs provide 1,380
final rule allows the Secretary to lower available funding and the current annual hours of planned class
the required percentage of funded percentages of slots individual programs operations for all center-based
enrollment slots for which programs currently operate at 1,020 annual hours. enrollment by August 1, 2018 also
must provide 1,020 annual hours of Based on this assessment, we estimate remains in effect.
planned class operations from the 50 that without additional funding, The Secretary’s determination under
percent required in § 1302.21(c)(2)(iii), implementation of the requirement at § 1302.21(c)(3)(i) does not affect the
on or before February 1, 2018, based on § 1302.21(c)(2)(iii) for each program to Secretary’s authority to make a separate
an assessment of the availability of operate 50 percent of its Head Start determination under § 1302.21(c)(3)(ii)
sufficient funding to mitigate a center-based slots for 1,020 annual on or before February 1, 2020, to
substantial reduction in funded hours would result in a loss of maintain or lower the service duration
enrollment. approximately 41,000 Head Start slots, requirement described in
Funding Assessment which represents roughly five percent of § 1302.21(c)(2)(iv) based on an
existing Head Start slots. The FY 2018 assessment of the availability of
The Secretary has made an President’s Budget did not request an
assessment that Head Start sufficient funding to mitigate a
increase in appropriations to support substantial reduction in funded
appropriations are not sufficient to increases in service duration. We do not
allow the requirement at enrollment resulting from that
expect sufficient funding to become requirement.
§ 1302.21(c)(2)(iii), for 50 percent of available in time for grantees to meet the
each program’s Head Start center-based In addition, the Secretary’s
current HSPPS standard. determination under § 1302.21(c)(3)(i)
slots to operate for 1,020 annual hours,
to go into effect without resulting in a Conclusion does not change or affect current
substantial reduction in funded Under § 1302.21(c)(3)(i), the Secretary processes that allow grantees to request
enrollment. has made a determination that there is to serve children for longer service
Prior to publication of the HSPPS not sufficient funding available to duration within existing funding levels
final rule, Congress appropriated $294 mitigate a substantial reduction in as part of the grantee’s annual service
million in fiscal year (FY) 2016 to funded enrollment resulting from the and enrollment negotiations with the
support an increase in hours of program requirement described in Office of Head Start.
operations across Head Start and Early § 1302.21(c)(2)(iii), and hereby waives Dated: January 16, 2018.
Head Start. At the time of the FY 2016 the requirement that 50 percent of a Eric D. Hargan,
funding to support and increased program’s Head Start center-based Acting Secretary, Department of Health and
duration, the regulatory requirements program’s funded enrollment that must Human Services.
were not in effect. Programs that wished operate for 1,020 annual hours of [FR Doc. 2018–00897 Filed 1–18–18; 8:45 am]
to voluntarily increase hours of program planned class operations by August 1, BILLING CODE 4184–01–P
operations to 1,020 annual hours for up 2019, effectively lowering the
to 40 percent of their Head Start center- percentage to 0. This determination is
based slots or to 1,380 annual hours for effective immediately. Because the
their Early Head Start center-based slots HSPPS final rule governs the Secretary’s DEPARTMENT OF TRANSPORTATION
were eligible to submit an application discretion in this matter, the public
by June 2016 to receive additional comment process is not required. Federal Motor Carrier Safety
funds. Some eligible programs chose not The service duration requirements for Administration
to apply for additional funding. There Head Start center-based programs
are programs that currently operate described in § 1302.21(c)(2)(i) and (ii) 49 CFR Part 395
none of their Head Start center-based remain in effect. Under these
funded enrollment for 1,020 annual requirements, a Head Start center-based Hours of Service of Drivers; Electronic
hours. There are also programs that program must provide, at a minimum, at Logging Devices; Limited 90-Day
currently operate all of their Head Start least 160 days per year of planned class Waiver for Old Dominion and Other
center-based funded enrollment for operations if it operates for five days per Motor Carriers Experiencing Problems
week, or at least 128 days per year if it Integrating PeopleNet ELD System
daltland on DSKBBV9HB2PROD with RULES

1,020 hours or longer. These
requirements are minimums, and operates four days per week. Classes Updates Into Their Fleet Management
programs could choose to operate some must operate for a minimum of 3.5 Systems
slots longer each day and/or for more hours per day. These requirements are AGENCY: Federal Motor Carrier Safety
days per year. minimums, and programs could choose Administration (FMCSA), DOT.
In the HSPPS final rule, we estimated to operate some slots longer each day
ACTION: Grant of waiver.
the cost for programs to implement the and/or for more days per year. The Head

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Document Created: 2018-01-19 02:42:44
Document Modified: 2018-01-19 02:42:44

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		Secretarial determination on Head Start center-based service duration requirements; waiver.
Dates		This waiver is effective January 19, 2018.
Contact		Colleen Rathgeb, Division Director for Planning, Oversight and Policy, Office Head Start, [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		83 FR 2743
RIN Number		0970-AC63

83 FR 2743 - Secretarial Determination To Lower Head Start Center-Based Service Duration Requirement

DEPARTMENT OF HEALTH AND HUMAN SERVICESAdministration for Children and Families

Federal Register Volume 83, Issue 13 (January 19, 2018)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families