83 FR 48558 - Head Start Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range		48558-48559
FR Document		2018-20848

The Office of Head Start will further delay the compliance date for programs to meet background checks requirements and participate in their state or local Quality Rating and Improvement Systems (QRIS). The Department delayed the compliance dates for these standards through a previous document in the Federal Register. Since then, we have learned programs could benefit from more time as they work to align with state systems to meet these federal standards.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)

[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48558-48559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20848]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1302

RIN 0970-AC78


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 further delay the compliance 
date for programs to meet background checks requirements and 
participate in their state or local Quality Rating and Improvement 
Systems (QRIS). The Department delayed the compliance dates for these 
standards through a previous document in the Federal Register. Since 
then, we have learned programs could benefit from more time as they 
work to align with state systems to meet these federal standards.

DATES: The date for programs to comply with background checks 
procedures as described in 45 CFR 1302.90(b) and to participate in QRIS 
as described in 45 CFR 1302.53(b)(2), as published at 81 FR 61294 and 
delayed at 81 FR 87843 and 82 FR 45205, is further delayed until 
September 30, 2019.

FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Office of Head Start, 
Planning, Oversight, and Policy Division Director, (202) 358-3263, 
[email protected]. 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

    The Head Start Program Performance Standards (81 FR 61294) define 
standards grantees and delegate agencies must implement to operate high 
quality Head Start or Early Head Start programs. As part of our effort 
to prioritize child safety, we strengthened our criminal background 
check procedures at 45 CFR 1302.90(b) in the final rule to reflect 
changes in the Improving Head Start for School Readiness Act of 2007, 
Public Law 110-134, and to complement background check requirements in 
the Child Care and Development Block Grant (CCDBG) Act of 2014, Public 
Law 113-186.
    In addition to more comprehensive background check standards, we 
aim to strengthen partnerships between states and Head Start programs. 
At 45 CFR 1302.53(b) in the final rule, we require Head Start programs 
to actively promote coordinated early childhood systems, including 
those in their state. As part of these requirements, most Head Start 
programs must participate in QRIS, if they meet certain conditions.
    Currently, Head Start programs must comply with background check 
requirements and participate in their states' QRIS, by September 30, 
2018. We have already delayed the date for programs to comply with 
background check requirements in the final rule to align with the 
background check requirement deadline in the Child Care Development 
Block Grant Act of 2014, Public Law 113-186, through a document 
published in the Federal Register (82 FR 45205) on September 28, 2017. 
In the same Federal Register document, we extended the date for 
programs to participate in QRIS.
    Through conversations with programs and states, we are concerned 
programs are still not be able to fully implement either background 
check or QRIS requirements by September 30, 2018, without assuming 
unintended regulatory and administrative burden.

Background Checks Procedures in the Final Rule

    Generally, 45 CFR 1302.90(b)(1) requires that before a person is 
hired, programs must 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.
    In 45 CFR 1302.90(b)(2), (4), and (5), we afford programs 90 days 
to obtain whichever check they could not obtain before the person was 
hired, as well as child abuse and neglect state registry check, if 
available. However, programs must ensure newly hired employees do not 
have unsupervised access to children until their background check 
process is complete. A complete background check process consists of a 
sex offender registry check, state or tribal history records, including 
fingerprint check and FBI criminal history records, including 
fingerprint check, as well as a child abuse and neglect state registry 
check, if available. We also require programs to conduct complete 
background checks for each employee at least once every five years.
    We believe programs require more time to implement systems to 
complete the background checks process listed at 45 CFR 1302.90(b)(2), 
(4), and (5) in our final rule. We aligned our compliance date for our 
background checks requirements with the background check requirement 
deadline the CCDBG Act because states that receive CCDBG funds are 
required to establish systems that implement the same set of 
comprehensive background checks for all child care teachers and staff. 
These systems will enable Head Start programs to meet background check 
requirements in the final rule.
    We understand, however, states may request additional time-limited 
waivers of up to two years, in one year increments (i.e., potentially 
through September 30, 2020) to design systems that can accommodate our 
programs' background checks requests. To minimize burden on programs, 
we will

[[Page 48559]]

extend the compliance date for 45 CFR 1302.90(b) to September 30, 2019. 
However, until Head Start programs have systems in place that fully 
comply with 45 CFR 1302.90(b), we require them to continue to adhere to 
the criminal record check requirements in section 648A of the Head 
Start Act, as amended by the Improving Head Start for School Readiness 
Act of 2007, Public Law 110-134.

QRIS Requirement in the Final Rule

    We require programs that meet certain conditions, except for 
American Indian and Alaska Native programs, to participate in state or 
local QRIS, as prescribed at 45 CFR 1302.53(b)(2) in the final rule. A 
QRIS is a systemic approach to assess, improve, and communicate the 
level of quality in early and school-age care and education programs 
within a state or locality. It awards quality ratings to programs that 
meet a set of criteria as defined by the QRIS. Criteria Head Start 
programs must meet to enter the QRIS and maintain participation greatly 
vary by state. We recognize many Head Start programs were already 
participating in their state and local quality improvement efforts 
before we introduced this standard to the final rule. Now that we have 
included this standard in the final rule, we understand programs have 
taken steps to participate in QRIS and that many states are assessing 
their QRIS with new Head Start QRIS participation policies. However, 
programs and states need additional time to align these systems. We 
want to minimize any unintentional burden on states that choose to 
adapt their systems to allow Head Start programs to participate in 
QRIS, as well as alleviate programs' concerns about meeting the current 
compliance date. To avoid duplication efforts between Head Start and 
QRIS monitoring systems as well as eliminate undue burden on Head Start 
programs and states as they work to align these systems, we will delay 
the compliance date for this standard for another year.

Conclusion

    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 for this finding in the 
notice.
    We find good cause to waive public comment under section 553(b) of 
the APA because it is unnecessary and contrary to the public interest 
to provide for public comment in this instance. States, localities, and 
Head Start grantees will likely be subjected to undue and unnecessary 
administrative burden as they expend time trying to find ways to 
implement these standards without support from local and state law 
enforcement agencies and without QRIS systems that can accommodate Head 
Start programs. A period for public comment would only extend programs' 
concerns as they attempt to meet these standards by the compliance 
dates. Head Start programs are still required to comply with statutory 
background check requirements in the Improving Head Start for School 
Readiness Act of 2007, Public Law 110-134, until they can develop 
systems that will enable them to conduct complete background checks 
with fingerprints. Therefore, if we delay compliance dates, we will 
pose no harm or burden to programs or the public. Moreover, programs 
that already have systems in place to meet background check standards 
at 45 CFR 1302.90(b) and to participate in their states' QRIS at 45 CFR 
1302.53(b)(2) may voluntarily come into compliance by the compliance 
date. However, programs that do not have systems in place have until 
September 30, 2019 to comply.

    Dated: September 14, 2018.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
    Approved: September 20, 2018.
Alex M. Azar II,
 Secretary.
[FR Doc. 2018-20848 Filed 9-25-18; 8:45 am]
 BILLING CODE 4184-40-P

Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48559

extend the compliance date for 45 CFR the finding and the reasons for this ACTION: Temporary rule; closure.
1302.90(b) to September 30, 2019. finding in the notice.
However, until Head Start programs We find good cause to waive public SUMMARY: NMFS is prohibiting directed
have systems in place that fully comply comment under section 553(b) of the fishing for Pacific ocean perch in the
with 45 CFR 1302.90(b), we require APA because it is unnecessary and Western Regulatory Area of the Gulf of
them to continue to adhere to the contrary to the public interest to provide Alaska (GOA). This action is necessary
criminal record check requirements in for public comment in this instance. to prevent exceeding the 2018 total
section 648A of the Head Start Act, as States, localities, and Head Start allowable catch of Pacific ocean perch
amended by the Improving Head Start grantees will likely be subjected to in the Western Regulatory Area of the
for School Readiness Act of 2007, Public undue and unnecessary administrative GOA.
Law 110–134. burden as they expend time trying to DATES: Effective 1200 hours, Alaska
find ways to implement these standards local time (A.l.t.), September 21, 2018,
QRIS Requirement in the Final Rule
without support from local and state through 2400 hours, A.l.t., December 31,
We require programs that meet certain law enforcement agencies and without 2018.
conditions, except for American Indian QRIS systems that can accommodate FOR FURTHER INFORMATION CONTACT:
and Alaska Native programs, to Head Start programs. A period for Steve Whitney, 907–586–7228.
participate in state or local QRIS, as public comment would only extend SUPPLEMENTARY INFORMATION: NMFS
prescribed at 45 CFR 1302.53(b)(2) in programs’ concerns as they attempt to manages the groundfish fishery in the
the final rule. A QRIS is a systemic meet these standards by the compliance GOA exclusive economic zone
approach to assess, improve, and dates. Head Start programs are still according to the Fishery Management
communicate the level of quality in required to comply with statutory Plan for Groundfish of the Gulf of
early and school-age care and education background check requirements in the Alaska (FMP) prepared by the North
programs within a state or locality. It Improving Head Start for School Pacific Fishery Management Council
awards quality ratings to programs that Readiness Act of 2007, Public Law 110– under authority of the Magnuson-
meet a set of criteria as defined by the 134, until they can develop systems that Stevens Fishery Conservation and
QRIS. Criteria Head Start programs must will enable them to conduct complete Management Act. Regulations governing
meet to enter the QRIS and maintain background checks with fingerprints. fishing by U.S. vessels in accordance
participation greatly vary by state. We Therefore, if we delay compliance dates, with the FMP appear at subpart H of 50
recognize many Head Start programs we will pose no harm or burden to CFR part 600 and 50 CFR part 679.
were already participating in their state programs or the public. Moreover, The 2018 total allowable catch (TAC)
and local quality improvement efforts programs that already have systems in of Pacific ocean perch in the Western
before we introduced this standard to place to meet background check Regulatory Area of the GOA is 3,312
the final rule. Now that we have standards at 45 CFR 1302.90(b) and to metric tons (mt) as established by the
included this standard in the final rule, participate in their states’ QRIS at 45 final 2018 and 2019 harvest
we understand programs have taken CFR 1302.53(b)(2) may voluntarily come specifications for groundfish of the Gulf
steps to participate in QRIS and that into compliance by the compliance date. of Alaska (83 FR 8768, March 1, 2018).
many states are assessing their QRIS However, programs that do not have In accordance with § 679.20(d)(1)(i),
with new Head Start QRIS participation systems in place have until September the Administrator, Alaska Region,
policies. However, programs and states 30, 2019 to comply. NMFS (Regional Administrator), has
need additional time to align these Dated: September 14, 2018. determined that the 2018 TAC of Pacific
systems. We want to minimize any Lynn A. Johnson, ocean perch in the Western Regulatory
unintentional burden on states that Assistant Secretary for Children and Families. Area of the GOA will soon be reached.
choose to adapt their systems to allow Therefore, the Regional Administrator is
Approved: September 20, 2018.
Head Start programs to participate in establishing a directed fishing
QRIS, as well as alleviate programs’ Alex M. Azar II,
allowance of 3,212 mt, and is setting
concerns about meeting the current Secretary.
aside 100 mt as bycatch to support other
compliance date. To avoid duplication [FR Doc. 2018–20848 Filed 9–25–18; 8:45 am]
anticipated groundfish fisheries. In
efforts between Head Start and QRIS BILLING CODE 4184–40–P
accordance with § 679.20(d)(1)(iii), the
monitoring systems as well as eliminate Regional Administrator finds that this
undue burden on Head Start programs directed fishing allowance has been
and states as they work to align these DEPARTMENT OF COMMERCE reached. Consequently, NMFS is
systems, we will delay the compliance prohibiting directed fishing for Pacific
date for this standard for another year. National Oceanic and Atmospheric ocean perch in the Western Regulatory
Administration Area of the GOA.
Conclusion
While this closure is effective the
We ordinarily publish a notice of 50 CFR Part 679 maximum retainable amounts at
proposed rulemaking in the Federal [Docket No. 170816769–8162–02] § 679.20(e) and (f) apply at any time
Register to provide a period for public during a trip.
comment before the provisions of a rule RIN 0648–XG502
take effect in accordance with section Classification
Fisheries of the Exclusive Economic
553(b) of the Administrative Procedure Zone Off Alaska; Pacific Ocean Perch This action responds to the best
Act (APA) (5 U.S.C. 553(b)). However, available information recently obtained
daltland on DSKBBV9HB2PROD with RULES

in the Western Regulatory Area of the
we can waive this notice and comment Gulf of Alaska from the fishery. The Assistant
procedure if the Secretary finds, for Administrator for Fisheries, NOAA
good cause, that the notice and AGENCY: National Marine Fisheries (AA), finds good cause to waive the
comment process is impracticable, Service (NMFS), National Oceanic and requirement to provide prior notice and
unnecessary, or contrary to the public Atmospheric Administration (NOAA), opportunity for public comment
interest, and incorporates a statement of Commerce. pursuant to the authority set forth at 5

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Document Created: 2018-09-26 00:46:36
Document Modified: 2018-09-26 00:46:36

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 date for programs to comply with background checks procedures as described in 45 CFR 1302.90(b) and to participate in QRIS as described in 45 CFR 1302.53(b)(2), as published at 81 FR 61294 and delayed at 81 FR 87843 and 82 FR 45205, is further delayed until September 30, 2019.
Contact		Colleen Rathgeb, Office of Head Start, Planning, Oversight, and Policy Division Director, (202) 358-3263, [email protected] 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 48558
RIN Number		0970-AC78

83 FR 48558 - Head Start Program

DEPARTMENT OF HEALTH AND HUMAN SERVICESAdministration for Children and Families

Federal Register Volume 83, Issue 187 (September 26, 2018)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families