83_FR_6534 83 FR 6503 - Head Start Designation Renewal System Improvements

83 FR 6503 - Head Start Designation Renewal System Improvements

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6503-6506
FR Document2018-02902

OHS issues this request for comments to invite public feedback on information we inadvertently omitted from the ``CLASS Condition of the Head Start Designation Renewal System,'' request for comments, published on December 8, 2017. The document withdrawing the ``CLASS Condition of the Head Start Designation Renewal System'' request for comments is published elsewhere in this issue of the Federal Register. This request for comments is similar to the withdrawn publication in that it invites the public to comment on specific changes OHS is considering for the CLASS condition, as well as other Designation Renewal System (DRS) conditions and processes more broadly. Additionally, OHS seeks comments on ways it can: Incentivize robust competition to include new applicants, facilitate smooth transitions when there is a new grantee as a result of competition, and improve the DRS processes. The comment period is 30 days to allow for the public to address the additional issues in this reissued request for comments. We will consider comments submitted under the ``CLASS Condition of the Head Start Designation Renewal System'' request for comments.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6503-6506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02902]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1304

RIN 0970-AC63


Head Start Designation Renewal System Improvements

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

ACTION: Request for comments; re-issue.

-----------------------------------------------------------------------

SUMMARY: OHS issues this request for comments to invite public feedback 
on information we inadvertently omitted from the ``CLASS Condition of 
the Head Start Designation Renewal System,'' request for comments, 
published on December 8, 2017. The document withdrawing the ``CLASS 
Condition of the Head Start Designation Renewal System'' request for 
comments is published elsewhere in this issue of the Federal Register. 
This request for comments is similar to the withdrawn publication in 
that it invites the public to comment on specific changes OHS is 
considering for the CLASS condition, as well as other Designation 
Renewal System (DRS) conditions and processes more broadly. 
Additionally, OHS seeks

[[Page 6504]]

comments on ways it can: Incentivize robust competition to include new 
applicants, facilitate smooth transitions when there is a new grantee 
as a result of competition, and improve the DRS processes. The comment 
period is 30 days to allow for the public to address the additional 
issues in this reissued request for comments. We will consider comments 
submitted under the ``CLASS Condition of the Head Start Designation 
Renewal System'' request for comments.

DATES: Submit comments by March 16, 2018.

ADDRESSES: You may send comments, identified by [docket number and/or 
RIN number], by either of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow instructions for sending comments. We prefer to receive comments 
via this method.
     Mail: Office of Head Start, Attention: Colleen Rathgeb, 
Director, Division of Planning, Oversight and Policy, 330 C Street SW, 
Washington, DC 20024.
    Instructions: All submissions received must include our agency name 
and the docket number or Regulatory Information Number (RIN) for this 
notice. All comments will be posted without change to https://www.regulations.gov, including any personal information provided. We 
accept anonymous comments. If you wish to remain anonymous, enter ``N/
A'' in the required fields.

FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Director, Division of 
Planning, Oversight and Policy, Office of 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: Consistent with the December 8, 2017, 
publication (82 FR 57905), OHS invites public comment on several 
specific changes being considered for the CLASS condition of the DRS as 
outlined in the Head Start Program Performance Standards. We also 
invite public comment on other improvements to the DRS based on 
feedback from stakeholders, grantees, and the results of the DRS 
implementation evaluation. In particular, we are considering changes to 
the CLASS condition with a goal of improving implementation and 
transparency of the DRS. Changes being considered include removal of 
the ``lowest 10 percent'' provision of the CLASS condition, an increase 
of the minimum thresholds for the Emotional Support and Classroom 
Organization domains to a score of 5, removal of the minimum threshold 
for the Instructional Support domain, and establishment of authority 
for the Secretary to set an absolute minimum threshold for the 
Instructional Support domain prior to the start of each fiscal year to 
be applied for DRS CLASS reviews in the same fiscal year. OHS requests 
feedback on these possible changes and alternative changes to the CLASS 
condition. Particularly in ways the Instructional Support and other 
thresholds could be set and/or adjusted that would incentivize 
continuous program improvement while acknowledging the current state of 
the field. OHS also invites feedback on other conditions of the DRS and 
the way it is implemented.

Background Information

    The Head Start program provides grants to local public and private 
non-profit and for-profit agencies to provide comprehensive education 
and child development services to economically disadvantaged children, 
from birth to age five, and families and to help young children develop 
the skills they need to be successful in school. Our agencies provide 
these families comprehensive services to support children's cognitive, 
social, and emotional development. In addition to education services, 
agencies provide children and their families with health, nutrition, 
social, and other services.
    To drive program quality improvement, the Improving Head Start for 
School Readiness Act of 2007, Public Law 110-134, (the Act) required 
HHS to develop a system to facilitate designation of Head Start 
grantees delivering a high-quality and comprehensive program for a 
period of 5 years and required grantees not delivering high-quality and 
comprehensive services to enter open competition for continued funding. 
Prior to the Act, when HHS designated a Head Start agency, it remained 
a Head Start grantee indefinitely unless the grantee either 
relinquished funding or HHS terminated its grant.
    To meet the requirement in the Act, HHS established the DRS, which 
is described in 45 CFR 1304.10 through 16. The DRS includes seven 
conditions. If an agency meets any of the seven conditions, it must 
compete with other providers in the community for renewed grant 
funding. The seven conditions are: (1) A deficiency under section 
641A(c)(1)(A), (C), or (D) of the Act; (2) failure to establish, 
utilize, and analyze children's progress on agency-established School 
Readiness goals; (3) scores below minimum thresholds in the Classroom 
Assessment Scoring System: Pre-K (CLASS) domains or in the lowest 10 
percent in any of the three domains of the agencies monitored in a 
given year unless the average score is equal to or above the standard 
of excellence; (4) revocation of a license to operate a center or 
program; (5) suspension from the program; (6) debarment from receiving 
federal or state funds or disqualified from the Child and Adult Care 
Food Program; or (7) an audit finding of at risk for failing to 
continue as ``a going concern.'' The Act also requires HHS to 
periodically evaluate whether or not the DRS criteria are applied in a 
manner that is transparent, reliable, and valid.
    Section 641(c)(1)(D) of the Act requires the DRS to be based in 
part on classroom quality as measured under section 641A(c)(2)(F), 
which refers to a valid and reliable research-based observational 
instrument, implemented by qualified individuals with demonstrated 
reliability that assesses classroom quality. To include assessing 
multiple dimensions of teacher-child interactions that is linked to 
positive child development and later achievement. The third condition 
of the DRS is based on use of the CLASS, which is an observational 
measurement tool for assessing the quality of teacher-child 
interactions and classroom processes in three broad domains that 
support children's learning and development: Emotional Support, 
Classroom Organization, and Instructional Support.

Changes to DRS Under Consideration

    Since HHS established the DRS, all grantees that had indefinite 
project periods have completed the DRS process. Based on CLASS data, 
observations collected throughout these cohorts, results of a recent 
evaluation, and feedback from the community, we are considering changes 
to the DRS in order to better improve implementation of the system, 
including changes to the CLASS condition.

The CLASS Condition

    There are concerns about some aspects of the CLASS condition of the 
DRS that have been raised by Head Start grantees as well as in the 
recent evaluation. First, the requirement for grantees with the lowest 
10 percent of scores on any of the three CLASS domains to compete may 
not be optimally targeting the grantees for competition with the lowest 
measures of classroom quality. For example, grantees have been required 
to compete due to an Emotional Support score of

[[Page 6505]]

5.69, which is very close to the Standard of Excellence (a 6--which 
developers of the CLASS deem the highest quality). In addition, 
grantees scoring slightly higher than the minimum threshold in 
Instructional Support (e.g., score of 2.3) do not have to compete 
unless they fall into the lowest 10 percent of all grantees' scores for 
Instructional Support, which has been very close to the minimum 
threshold. We are considering an approach to establish higher specific 
thresholds that demonstrate an established acceptable level of quality 
in Emotional Support and Classroom Organization and an adjustable 
threshold for the Instructional Support domain where there is the 
greatest potential and need for program improvement.
    Second, we understand that the delay between completion of the 
CLASS review and grantees knowing their DRS designation status, due to 
the need to collect and analyze a full monitoring year's CLASS scores 
to determine the lowest 10 percent. This creates uncertainty, stress, 
and concern among grantees, grantee staff, and families. Because 
classroom quality in Head Start programs is improving as demonstrated 
by recent analysis of data from the 2006, 2009, and 2014, cohorts of 
the Head Start Family and Child Experiences Survey (FACES),\1\ we are 
exploring options for the CLASS condition that would better balance an 
ability to drive quality improvement over time with an approach that 
would be more transparent, timely, and less burdensome for programs.
---------------------------------------------------------------------------

    \1\ Aikens, N., Bush, C., Gleason, P., Malone, L., & Tarullo, L. 
(2016). Tracking Quality in Head Start Classrooms: FACES 2006 to 
FACES 2014. Washington, DC: U.S. Department of Health and Human 
Services.
---------------------------------------------------------------------------

    To inform our development of a notice of proposed rulemaking to 
change the DRS CLASS condition to meet the objectives described above, 
we are requesting public comments on several specific changes being 
considered. The changes under consideration are as follows:
    1. Remove the ``lowest 10 percent'' provision of the CLASS 
condition described in 45 CFR 1304.11(c)(2).
    2. Increase the minimum threshold described in 45 CFR 
1304.11(c)(1)(i) for the Emotional Support domain from 4 to 5.
    3. Increase the minimum threshold described in 45 CFR 
1304.11(c)(1)(ii) for Classroom Organization from 3 to 5.
    4. Remove the minimum threshold for the Instructional Support 
domain described in 45 CFR 1304.11(c)(1)(iii) and instead provide 
authority for the Secretary to set an absolute minimum threshold for 
the Instructional Support domain, considering the most recent CLASS 
data, by August 1 of each year to be used for CLASS Reviews conducted 
in the following fiscal year (October 1 through September 30).
    Together, these changes would allow grantees to know by August 1, 
before CLASS Reviews are conducted for the coming fiscal year, the 
exact threshold of classroom quality in each of the three domains that 
will be used to determine which grantees will be subject to an open 
competition for funding and which grantees will receive renewed funding 
non-competitively. Grantees would no longer have to wait until several 
months following the conclusion of the CLASS reviews for the fiscal 
year (September 30) to learn the lowest 10 percent cutoff in each of 
the 3 domains. Setting minimum thresholds of 5 in the Emotional Support 
and Classroom Organization domains would set a clear and consistent 
expectation of quality for all Head Start programs. Allowing the 
Secretary to set the minimum threshold in the Instructional Support 
domain prior to the start of each program year and monitoring year 
would allow for consideration of the most recent CLASS data for Head 
Start grantees while still supporting continuous quality improvement 
across the program as a whole.

Other Areas of Improvement

    In addition to the CLASS condition, we are interested in receiving 
feedback about other conditions and improvements that could be made to 
DRS. This includes actions we can take without regulatory changes to 
ensure the DRS process is transparent, timely, and results in higher 
quality programs.
    To inform our development of a notice of proposed rulemaking and 
continue improving the DRS, we are specifically requesting comments on:
     Changes OHS can make to incentivize robust competition, 
including ways OHS can ensure there are new and quality applicants at 
the local level;
     Changes OHS can make to facilitate an orderly transition 
between grantees without disrupting services for children (when 
recompetition is required and the incumbent does not regain its grant); 
and,
     Any other administrative changes OHS can make to the 
system that do not require regulatory changes, including changes to 
monitoring processes and timing of notifications and awards.

What We Are Looking for in Public Comments

    We invite comments about the specific changes being considered for 
the DRS CLASS condition as well as alternatives to these changes that 
would continue to improve program quality, while balancing the need to 
continue to provide transparency to grantees about what they will be 
measured on and being mindful of burden on grantees. We also invite 
comments about any unintended consequences of removing the lowest 10 
percent condition and whether an absolute threshold could influence 
scores. We are particularly interested in recommendations related to 
how the Secretary would consider establishing the minimum threshold for 
Instructional Support, including in what increments to raise the 
threshold, what data to base the absolute thresholds on, and how often 
to revise the threshold. For example, the regulation could establish an 
initial Instructional Support threshold (e.g., 2.3 or 2.5) that could 
be raised in increments of 0.1 based on certain criteria related to the 
available CLASS data from all prior years of Head Start monitoring, or 
the threshold could be set one standard deviation below the mean 
Instructional Support score over the 3 or 5 previous fiscal years. We 
are interested in other ideas of ways the Instructional Support 
threshold could be set and/or adjusted that would incentivize program 
improvement while acknowledging the current state of the field. We are 
also interested in feedback on another potential change to establish or 
maintain a minimum absolute threshold (such as a 2) that would require 
competition and a higher threshold (such as 2.5 or 3) and require 
grantees to focus on quality improvement before they were reevaluated 
to see if their Instructional Support score has improved. Only grantees 
without improvement or still below the threshold would then have to 
compete. We are also interested in whether we should align the approach 
for Instructional Support with the other CLASS domains. We are 
interested in feedback on each of these possible approaches as well as 
others suggested by the field.
    If commenters do not support the changes being considered, comments 
offering alternative proposals to the CLASS condition, whether changes 
to the absolute thresholds or the relative 10 percent threshold, or to 
other conditions of the DRS would be particularly helpful.
    We are also particularly interested in soliciting feedback on other 
changes to DRS implementation that would spur

[[Page 6506]]

local competition and improve the DRS process for grantees.

Ann Linehan,
Acting Director, Office of Head Start.
[FR Doc. 2018-02902 Filed 2-13-18; 8:45 am]
BILLING CODE 4184-01-P



                                                                     Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules                                                 6503

                                                 EPA’s role is to approve state choices,                 List of Subjects in 40 CFR Part 52                    the EPA Region 6, 1445 Ross Avenue,
                                                 provided that they meet the criteria of                   Environmental protection, Air                       Suite 700, Dallas, Texas 75202–2733.
                                                 the CAA. This action merely proposes to                 pollution control, Incorporation by                   FOR FURTHER INFORMATION CONTACT: Carl
                                                 approve changes to the                                  reference, Intergovernmental relations,               Young, (214) 665–6645, young.carl@
                                                 Commonwealth’s maintenance plan                         Nitrogen dioxide, Ozone, Particulate                  epa.gov.
                                                 emissions inventory and associated                      matter, Reporting and recordkeeping
                                                 MVEBs to remove reliance on emissions                                                                         SUPPLEMENTARY INFORMATION:      In an
                                                                                                         requirements, Volatile organic                        April 13, 2011 action EPA proposed to
                                                 reductions from the federal RFG
                                                                                                         compounds.                                            disapprove the portion of a November
                                                 program requirements. For that reason,
                                                 this proposed action:                                     Authority: 42 U.S.C. 7401 et seq.                   23, 2009 Texas SIP submittal that
                                                    • Is not a significant regulatory action               Dated: February 6, 2018.
                                                                                                                                                               intended to demonstrate that the SIP
                                                 subject to review by the Office of                                                                            met the requirements of CAA section
                                                                                                         Onis ‘‘Trey’’ Glenn, III,
                                                 Management and Budget under                                                                                   110(a)(2)(D)(i)(I) to prohibit emissions
                                                                                                         Regional Administrator, Region 4.                     which will significantly contribute to
                                                 Executive Orders 12866 (58 FR 51735,
                                                                                                         [FR Doc. 2018–03078 Filed 2–13–18; 8:45 am]           nonattainment or interfere with
                                                 October 4, 1993) and 13563 (76 FR 3821,
                                                 January 21, 2011);                                      BILLING CODE 6560–50–P                                maintenance of the 2006 24-hour PM2.5
                                                    • Is not an Executive Order 13771 (82                                                                      NAAQS in other states (76 FR 20602).
                                                 FR 9339, February 2, 2017) regulatory                                                                         EPA is now withdrawing the proposal.
                                                                                                         ENVIRONMENTAL PROTECTION                              In a separate Federal Register action
                                                 action because SIP approvals are
                                                                                                         AGENCY                                                published in conjunction with this
                                                 exempted under Executive Order 12866.
                                                    • Does not impose an information                     40 CFR Part 52                                        withdrawal EPA is proposing to approve
                                                 collection burden under the provisions                                                                        this portion of the SIP submittal. The
                                                 of the Paperwork Reduction Act (44                      [EPA–R06–OAR–2011–0335; FRL–9973–                     rationale for the proposed approval is
                                                 U.S.C. 3501 et seq.);                                   43—Region 6]                                          detailed in that proposal.
                                                    • Is certified as not having a                                                                               Dated: February 7, 2018.
                                                 significant economic impact on a                        Approval and Promulgation of
                                                                                                         Implementation Plans; Texas;                          Anne Idsal,
                                                 substantial number of small entities
                                                                                                         Disapproval of Interstate Transport                   Regional Administrator, Region 6.
                                                 under the Regulatory Flexibility Act (5
                                                 U.S.C. 601 et seq.);                                    State Implementation Plan Revision for                [FR Doc. 2018–02893 Filed 2–13–18; 8:45 am]
                                                    • Does not contain any unfunded                      the 2006 24-hour PM2.5 NAAQS;                         BILLING CODE 6560–50–P
                                                 mandate or significantly or uniquely                    Withdrawal of Proposed Rule
                                                 affect small governments, as described                  AGENCY: Environmental Protection
                                                 in the Unfunded Mandates Reform Act                     Agency (EPA).                                         DEPARTMENT OF HEALTH AND
                                                 of 1995 (Pub. L. 104–4);                                                                                      HUMAN SERVICES
                                                    • Does not have Federalism                           ACTION: Withdrawal of proposed rule.
                                                 implications as specified in Executive                                                                        Administration for Children and
                                                                                                         SUMMARY:   The Environmental Protection
                                                 Order 13132 (64 FR 43255, August 10,                                                                          Families
                                                                                                         Agency (EPA) is withdrawing its
                                                 1999);                                                  proposed rule to disapprove the portion
                                                    • Is not an economically significant                                                                       45 CFR Part 1304
                                                                                                         of the November 23, 2009 Texas State
                                                 regulatory action based on health or
                                                                                                         Implementation Plan (SIP) submittal                   RIN 0970–AC63
                                                 safety risks subject to Executive Order
                                                                                                         that intended to demonstrate that the
                                                 13045 (62 FR 19885, April 23, 1997);                                                                          Head Start Designation Renewal
                                                    • Is not a significant regulatory action             SIP met Clean Act (CAA) requirements
                                                                                                         to prohibit emissions which will                      System Improvements
                                                 subject to Executive Order 13211 (66 FR
                                                 28355, May 22, 2001);                                   significantly contribute to
                                                                                                                                                               AGENCY:  Office of Head Start (OHS),
                                                    • Is not subject to requirements of                  nonattainment or interfere with
                                                                                                                                                               Administration for Children and
                                                 Section 12(d) of the National                           maintenance of the 2006 24-hour PM2.5
                                                                                                                                                               Families (ACF), Department of Health
                                                 Technology Transfer and Advancement                     National Ambient Air Quality Standards
                                                                                                                                                               and Human Services (HHS).
                                                 Act of 1995 (15 U.S.C. 272 note) because                (NAAQS) in other states.
                                                                                                                                                               ACTION: Request for comments; re-issue.
                                                 application of those requirements would                 DATES: The proposed rule published on
                                                 be inconsistent with the CAA; and                       April 13, 2011 (76 FR 20602) is                       SUMMARY:   OHS issues this request for
                                                    • Does not provide EPA with the                      withdrawn as of February 14, 2018.                    comments to invite public feedback on
                                                 discretionary authority to address, as                  ADDRESSES: The EPA has established a                  information we inadvertently omitted
                                                 appropriate, disproportionate human                     docket for this action under Docket ID                from the ‘‘CLASS Condition of the Head
                                                 health or environmental effects, using                  No. EPA–R06–OAR–2011–0335. All                        Start Designation Renewal System,’’
                                                 practicable and legally permissible                     documents in the docket are listed on                 request for comments, published on
                                                 methods, under Executive Order 12898                    the http://www.regulations.gov website.               December 8, 2017. The document
                                                 (59 FR 7629, February 16, 1994).                        Although listed in the index, some                    withdrawing the ‘‘CLASS Condition of
                                                 The SIP is not approved to apply on any                 information is not publicly available,                the Head Start Designation Renewal
                                                 Indian reservation land or in any other                 e.g., Confidential Business Information               System’’ request for comments is
                                                 area where EPA or an Indian tribe has                   or other information whose disclosure is              published elsewhere in this issue of the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 demonstrated that a tribe has                           restricted by statute. Certain other                  Federal Register. This request for
                                                 jurisdiction. In those areas of Indian                  material, such as copyrighted material,               comments is similar to the withdrawn
                                                 country, the rulemaking does not have                   is not placed on the internet and will be             publication in that it invites the public
                                                 tribal implications as specified by                     publicly available only in hard copy                  to comment on specific changes OHS is
                                                 Executive Order 13175 (65 FR 67249,                     form. Publicly available docket                       considering for the CLASS condition, as
                                                 November 9, 2000), nor will it impose                   materials are available either                        well as other Designation Renewal
                                                 substantial direct costs on tribal                      electronically through http://                        System (DRS) conditions and processes
                                                 governments or preempt tribal law.                      www.regulations.gov or in hard copy at                more broadly. Additionally, OHS seeks


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                                                 6504                Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules

                                                 comments on ways it can: Incentivize                    minimum thresholds for the Emotional                  scores below minimum thresholds in
                                                 robust competition to include new                       Support and Classroom Organization                    the Classroom Assessment Scoring
                                                 applicants, facilitate smooth transitions               domains to a score of 5, removal of the               System: Pre-K (CLASS) domains or in
                                                 when there is a new grantee as a result                 minimum threshold for the Instructional               the lowest 10 percent in any of the three
                                                 of competition, and improve the DRS                     Support domain, and establishment of                  domains of the agencies monitored in a
                                                 processes. The comment period is 30                     authority for the Secretary to set an                 given year unless the average score is
                                                 days to allow for the public to address                 absolute minimum threshold for the                    equal to or above the standard of
                                                 the additional issues in this reissued                  Instructional Support domain prior to                 excellence; (4) revocation of a license to
                                                 request for comments. We will consider                  the start of each fiscal year to be applied           operate a center or program; (5)
                                                 comments submitted under the ‘‘CLASS                    for DRS CLASS reviews in the same                     suspension from the program; (6)
                                                 Condition of the Head Start Designation                 fiscal year. OHS requests feedback on                 debarment from receiving federal or
                                                 Renewal System’’ request for comments.                  these possible changes and alternative                state funds or disqualified from the
                                                 DATES: Submit comments by March 16,                     changes to the CLASS condition.                       Child and Adult Care Food Program; or
                                                 2018.                                                   Particularly in ways the Instructional                (7) an audit finding of at risk for failing
                                                 ADDRESSES: You may send comments,                       Support and other thresholds could be                 to continue as ‘‘a going concern.’’ The
                                                 identified by [docket number and/or                     set and/or adjusted that would                        Act also requires HHS to periodically
                                                 RIN number], by either of the following                 incentivize continuous program                        evaluate whether or not the DRS criteria
                                                 methods:                                                improvement while acknowledging the                   are applied in a manner that is
                                                    • Federal eRulemaking Portal:                        current state of the field. OHS also                  transparent, reliable, and valid.
                                                 https://www.regulations.gov. Follow                     invites feedback on other conditions of                  Section 641(c)(1)(D) of the Act
                                                 instructions for sending comments. We                   the DRS and the way it is implemented.                requires the DRS to be based in part on
                                                 prefer to receive comments via this                                                                           classroom quality as measured under
                                                                                                         Background Information                                section 641A(c)(2)(F), which refers to a
                                                 method.
                                                    • Mail: Office of Head Start,                           The Head Start program provides                    valid and reliable research-based
                                                                                                         grants to local public and private non-               observational instrument, implemented
                                                 Attention: Colleen Rathgeb, Director,
                                                                                                         profit and for-profit agencies to provide             by qualified individuals with
                                                 Division of Planning, Oversight and
                                                                                                         comprehensive education and child                     demonstrated reliability that assesses
                                                 Policy, 330 C Street SW, Washington,
                                                                                                         development services to economically                  classroom quality. To include assessing
                                                 DC 20024.
                                                    Instructions: All submissions received               disadvantaged children, from birth to                 multiple dimensions of teacher-child
                                                 must include our agency name and the                    age five, and families and to help young              interactions that is linked to positive
                                                 docket number or Regulatory                             children develop the skills they need to              child development and later
                                                 Information Number (RIN) for this                       be successful in school. Our agencies                 achievement. The third condition of the
                                                                                                         provide these families comprehensive                  DRS is based on use of the CLASS,
                                                 notice. All comments will be posted
                                                                                                         services to support children’s cognitive,             which is an observational measurement
                                                 without change to https://
                                                                                                         social, and emotional development. In                 tool for assessing the quality of teacher-
                                                 www.regulations.gov, including any
                                                                                                         addition to education services, agencies              child interactions and classroom
                                                 personal information provided. We
                                                                                                         provide children and their families with              processes in three broad domains that
                                                 accept anonymous comments. If you
                                                                                                         health, nutrition, social, and other                  support children’s learning and
                                                 wish to remain anonymous, enter
                                                                                                         services.                                             development: Emotional Support,
                                                 ‘‘N/A’’ in the required fields.                            To drive program quality                           Classroom Organization, and
                                                 FOR FURTHER INFORMATION CONTACT:                        improvement, the Improving Head Start                 Instructional Support.
                                                 Colleen Rathgeb, Director, Division of                  for School Readiness Act of 2007, Public
                                                 Planning, Oversight and Policy, Office                  Law 110–134, (the Act) required HHS to                Changes to DRS Under Consideration
                                                 of Head Start, [colleen.rathgeb@                        develop a system to facilitate                          Since HHS established the DRS, all
                                                 acf.hhs.gov], (202) 358–3263 (not a toll-               designation of Head Start grantees                    grantees that had indefinite project
                                                 free call). Deaf and hearing impaired                   delivering a high-quality and                         periods have completed the DRS
                                                 individuals may call the Federal Dual                   comprehensive program for a period of                 process. Based on CLASS data,
                                                 Party Relay Service at 1–800–877–8339                   5 years and required grantees not                     observations collected throughout these
                                                 between 8 a.m. and 7 p.m. Eastern                       delivering high-quality and                           cohorts, results of a recent evaluation,
                                                 Standard Time.                                          comprehensive services to enter open                  and feedback from the community, we
                                                 SUPPLEMENTARY INFORMATION: Consistent                   competition for continued funding.                    are considering changes to the DRS in
                                                 with the December 8, 2017, publication                  Prior to the Act, when HHS designated                 order to better improve implementation
                                                 (82 FR 57905), OHS invites public                       a Head Start agency, it remained a Head               of the system, including changes to the
                                                 comment on several specific changes                     Start grantee indefinitely unless the                 CLASS condition.
                                                 being considered for the CLASS                          grantee either relinquished funding or
                                                 condition of the DRS as outlined in the                 HHS terminated its grant.                             The CLASS Condition
                                                 Head Start Program Performance                             To meet the requirement in the Act,                  There are concerns about some
                                                 Standards. We also invite public                        HHS established the DRS, which is                     aspects of the CLASS condition of the
                                                 comment on other improvements to the                    described in 45 CFR 1304.10 through                   DRS that have been raised by Head Start
                                                 DRS based on feedback from                              16. The DRS includes seven conditions.                grantees as well as in the recent
                                                 stakeholders, grantees, and the results of              If an agency meets any of the seven                   evaluation. First, the requirement for
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                                                 the DRS implementation evaluation. In                   conditions, it must compete with other                grantees with the lowest 10 percent of
                                                 particular, we are considering changes                  providers in the community for renewed                scores on any of the three CLASS
                                                 to the CLASS condition with a goal of                   grant funding. The seven conditions are:              domains to compete may not be
                                                 improving implementation and                            (1) A deficiency under section                        optimally targeting the grantees for
                                                 transparency of the DRS. Changes being                  641A(c)(1)(A), (C), or (D) of the Act; (2)            competition with the lowest measures of
                                                 considered include removal of the                       failure to establish, utilize, and analyze            classroom quality. For example,
                                                 ‘‘lowest 10 percent’’ provision of the                  children’s progress on agency-                        grantees have been required to compete
                                                 CLASS condition, an increase of the                     established School Readiness goals; (3)               due to an Emotional Support score of


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                                                                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules                                          6505

                                                 5.69, which is very close to the Standard               threshold for the Instructional Support               What We Are Looking for in Public
                                                 of Excellence (a 6—which developers of                  domain, considering the most recent                   Comments
                                                 the CLASS deem the highest quality). In                 CLASS data, by August 1 of each year                     We invite comments about the
                                                 addition, grantees scoring slightly                     to be used for CLASS Reviews                          specific changes being considered for
                                                 higher than the minimum threshold in                    conducted in the following fiscal year                the DRS CLASS condition as well as
                                                 Instructional Support (e.g., score of 2.3)              (October 1 through September 30).                     alternatives to these changes that would
                                                 do not have to compete unless they fall                                                                       continue to improve program quality,
                                                                                                            Together, these changes would allow
                                                 into the lowest 10 percent of all                                                                             while balancing the need to continue to
                                                 grantees’ scores for Instructional                      grantees to know by August 1, before
                                                                                                         CLASS Reviews are conducted for the                   provide transparency to grantees about
                                                 Support, which has been very close to                                                                         what they will be measured on and
                                                 the minimum threshold. We are                           coming fiscal year, the exact threshold
                                                                                                         of classroom quality in each of the three             being mindful of burden on grantees.
                                                 considering an approach to establish                                                                          We also invite comments about any
                                                 higher specific thresholds that                         domains that will be used to determine
                                                                                                         which grantees will be subject to an                  unintended consequences of removing
                                                 demonstrate an established acceptable                                                                         the lowest 10 percent condition and
                                                 level of quality in Emotional Support                   open competition for funding and
                                                                                                         which grantees will receive renewed                   whether an absolute threshold could
                                                 and Classroom Organization and an
                                                                                                         funding non-competitively. Grantees                   influence scores. We are particularly
                                                 adjustable threshold for the
                                                                                                                                                               interested in recommendations related
                                                 Instructional Support domain where                      would no longer have to wait until
                                                                                                                                                               to how the Secretary would consider
                                                 there is the greatest potential and need                several months following the conclusion
                                                                                                                                                               establishing the minimum threshold for
                                                 for program improvement.                                of the CLASS reviews for the fiscal year
                                                    Second, we understand that the delay                                                                       Instructional Support, including in what
                                                                                                         (September 30) to learn the lowest 10
                                                 between completion of the CLASS                                                                               increments to raise the threshold, what
                                                                                                         percent cutoff in each of the 3 domains.              data to base the absolute thresholds on,
                                                 review and grantees knowing their DRS                   Setting minimum thresholds of 5 in the
                                                 designation status, due to the need to                                                                        and how often to revise the threshold.
                                                                                                         Emotional Support and Classroom                       For example, the regulation could
                                                 collect and analyze a full monitoring                   Organization domains would set a clear
                                                 year’s CLASS scores to determine the                                                                          establish an initial Instructional Support
                                                                                                         and consistent expectation of quality for             threshold (e.g., 2.3 or 2.5) that could be
                                                 lowest 10 percent. This creates                         all Head Start programs. Allowing the
                                                 uncertainty, stress, and concern among                                                                        raised in increments of 0.1 based on
                                                                                                         Secretary to set the minimum threshold                certain criteria related to the available
                                                 grantees, grantee staff, and families.                  in the Instructional Support domain
                                                 Because classroom quality in Head Start                                                                       CLASS data from all prior years of Head
                                                                                                         prior to the start of each program year               Start monitoring, or the threshold could
                                                 programs is improving as demonstrated                   and monitoring year would allow for
                                                 by recent analysis of data from the 2006,                                                                     be set one standard deviation below the
                                                                                                         consideration of the most recent CLASS                mean Instructional Support score over
                                                 2009, and 2014, cohorts of the Head
                                                                                                         data for Head Start grantees while still              the 3 or 5 previous fiscal years. We are
                                                 Start Family and Child Experiences
                                                                                                         supporting continuous quality                         interested in other ideas of ways the
                                                 Survey (FACES),1 we are exploring
                                                                                                         improvement across the program as a                   Instructional Support threshold could
                                                 options for the CLASS condition that
                                                 would better balance an ability to drive                whole.                                                be set and/or adjusted that would
                                                 quality improvement over time with an                   Other Areas of Improvement                            incentivize program improvement while
                                                 approach that would be more                                                                                   acknowledging the current state of the
                                                 transparent, timely, and less                             In addition to the CLASS condition,                 field. We are also interested in feedback
                                                 burdensome for programs.                                we are interested in receiving feedback               on another potential change to establish
                                                    To inform our development of a                       about other conditions and                            or maintain a minimum absolute
                                                 notice of proposed rulemaking to                        improvements that could be made to                    threshold (such as a 2) that would
                                                 change the DRS CLASS condition to                       DRS. This includes actions we can take                require competition and a higher
                                                 meet the objectives described above, we                 without regulatory changes to ensure                  threshold (such as 2.5 or 3) and require
                                                 are requesting public comments on                       the DRS process is transparent, timely,               grantees to focus on quality
                                                 several specific changes being                          and results in higher quality programs.               improvement before they were
                                                 considered. The changes under                                                                                 reevaluated to see if their Instructional
                                                                                                           To inform our development of a                      Support score has improved. Only
                                                 consideration are as follows:
                                                    1. Remove the ‘‘lowest 10 percent’’                  notice of proposed rulemaking and                     grantees without improvement or still
                                                 provision of the CLASS condition                        continue improving the DRS, we are                    below the threshold would then have to
                                                 described in 45 CFR 1304.11(c)(2).                      specifically requesting comments on:                  compete. We are also interested in
                                                    2. Increase the minimum threshold                      • Changes OHS can make to                           whether we should align the approach
                                                 described in 45 CFR 1304.11(c)(1)(i) for                incentivize robust competition,                       for Instructional Support with the other
                                                 the Emotional Support domain from 4 to                  including ways OHS can ensure there                   CLASS domains. We are interested in
                                                 5.                                                      are new and quality applicants at the                 feedback on each of these possible
                                                    3. Increase the minimum threshold                    local level;                                          approaches as well as others suggested
                                                 described in 45 CFR 1304.11(c)(1)(ii) for                                                                     by the field.
                                                 Classroom Organization from 3 to 5.                       • Changes OHS can make to facilitate
                                                                                                                                                                  If commenters do not support the
                                                    4. Remove the minimum threshold for                  an orderly transition between grantees
                                                                                                                                                               changes being considered, comments
                                                 the Instructional Support domain                        without disrupting services for children
                                                                                                                                                               offering alternative proposals to the
                                                                                                         (when recompetition is required and the
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                                                 described in 45 CFR 1304.11(c)(1)(iii)                                                                        CLASS condition, whether changes to
                                                 and instead provide authority for the                   incumbent does not regain its grant);
                                                                                                                                                               the absolute thresholds or the relative
                                                 Secretary to set an absolute minimum                    and,
                                                                                                                                                               10 percent threshold, or to other
                                                                                                           • Any other administrative changes                  conditions of the DRS would be
                                                   1 Aikens, N., Bush, C., Gleason, P., Malone, L., &
                                                                                                         OHS can make to the system that do not                particularly helpful.
                                                 Tarullo, L. (2016). Tracking Quality in Head Start
                                                 Classrooms: FACES 2006 to FACES 2014.
                                                                                                         require regulatory changes, including                    We are also particularly interested in
                                                 Washington, DC: U.S. Department of Health and           changes to monitoring processes and                   soliciting feedback on other changes to
                                                 Human Services.                                         timing of notifications and awards.                   DRS implementation that would spur


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                                                 6506                Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules

                                                 local competition and improve the DRS                   issues the ‘‘Head Start Designation                   December 8, 2017, to solicit comments
                                                 process for grantees.                                   Renewal System Improvements’’ request                 from the public on changes we are
                                                                                                         for comments, located elsewhere in the                considering to the Designation Renewal
                                                 Ann Linehan,
                                                                                                         same issue of the Federal Register. The               System (DRS). We unintentionally
                                                 Acting Director, Office of Head Start.                  ‘‘Head Start Designation Renewal                      omitted language from the document
                                                 [FR Doc. 2018–02902 Filed 2–13–18; 8:45 am]             System Improvements’’ request for                     that specifically asks the public to
                                                 BILLING CODE 4184–01–P                                  comments contains information we                      consider what changes OHS can make to
                                                                                                         inadvertently omitted from the ‘‘CLASS                incentivize robust competition and to
                                                                                                         Condition of the Head Start Designation               facilitate orderly transitions between
                                                 DEPARTMENT OF HEALTH AND                                Renewal System’’ request for comment                  grantees when an incumbent does not
                                                 HUMAN SERVICES                                          publication.                                          regain its grant after competition, as
                                                 Administration for Children and                         DATES: As of February 14, 2018, the                   well as any other administrative
                                                 Families                                                proposed rule published December 8,                   changes that do not require regulatory
                                                                                                         2017, at 82 FR 57905, is withdrawn.                   action.
                                                 45 CFR Part 1304                                        ADDRESSES: Division of Planning,                         We believe public feedback on the
                                                                                                         Oversight and Policy, Office of Head                  omitted language is important and can
                                                 RIN 0970–AC63                                           Start, 330 C Street SW, Washington, DC                help us make better informed decisions
                                                                                                         20024.                                                about the DRS. For that reason, we
                                                 CLASS Condition of the Head Start                       FOR FURTHER INFORMATION CONTACT:                      withdraw the ‘‘CLASS Condition of the
                                                 Designation Renewal System                              Colleen Rathgeb, Director, Division of                Head Start Designation Renewal
                                                 AGENCY:  Office of Head Start (OHS),                    Planning, Oversight and Policy, Office                System’’ request for comments, and we
                                                 Administration for Children and                         of Head Start, [colleen.rathgeb@                      are publishing a new request for
                                                 Families (ACF), Department of Health                    acf.hhs.gov], (202) 358–3263 (not a toll-             comments, titled ‘‘Head Start
                                                 and Human Services (HHS).                               free call). Deaf and hearing impaired                 Designation Renewal System
                                                 ACTION: Request for comments;
                                                                                                         individuals may call the Federal Dual                 Improvements,’’ elsewhere in this issue
                                                 withdrawal                                              Party Relay Service at 1–800–877–8339                 of the Federal Register.
                                                                                                         between 8 a.m. and 7 p.m. Eastern
                                                                                                                                                                Dated: February 7, 2018.
                                                 SUMMARY: OHS withdraws the ‘‘CLASS                      Standard Time.
                                                                                                                                                               Ann Linehan,
                                                 Condition of the Head Start Designation                 SUPPLEMENTARY INFORMATION: OHS
                                                 Renewal System’’ request for comments,                  published the ‘‘CLASS Condition of the                Acting Director, Office of Head Start.
                                                 published in the Federal Register on                    Head Start Designation Renewal                        [FR Doc. 2018–02901 Filed 2–13–18; 8:45 am]
                                                 December 8, 2017. OHS simultaneously                    System’’ request for comments on                      BILLING CODE 4184–01–P
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Document Created: 2018-02-14 03:59:36
Document Modified: 2018-02-14 03:59:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comments; re-issue.
DatesSubmit comments by March 16, 2018.
ContactColleen Rathgeb, Director, Division of Planning, Oversight and Policy, Office of 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 Citation83 FR 6503 
RIN Number0970-AC63

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