For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33968
------------------------------------------------------------------------------

Order Code RL33968

Head Start Reauthorization: A Side-by-Side
Comparison of House- and Senate-Passed
Versions of H.R. 1429 and Current Law

Updated November 13, 2007

Melinda Gish
Specialist in Social Policy
Domestic Social Policy Division
Head Start Reauthorization: A Side-by-Side
Comparison of House- and Senate-Passed Versions of
H.R. 1429 and Current Law

Summary
Head Start, a federal program that has provided comprehensive early childhood
development services to low-income children since 1965, was last reauthorized in
1998 for fiscal years 1999-2003. The program has remained funded in subsequent
years through the annual appropriations process. After unsuccessful efforts by the
past two Congresses to complete the reauthorization process, efforts to do so are
underway in the 110th Congress. The House and Senate have each passed their own
version of a reauthorization bill (H.R. 1429), and on November 9, 2007, conferees
filed a conference report (H.Rept. 110-439). This report does not yet reflect the
provisions included in the conference agreement.

The Improving Head Start Act of 2007 (H.R. 1429) was introduced by
Representative Kildee on March 9, 2007. The following week, the House Committee
on Education and Labor debated, amended, and approved the bill (42-1), and the
committee's written report accompanying the legislation (H.Rept. 110-67) was filed
on March 23, 2007. That bill was taken to the House floor on May 2, and was
approved (with nine amendments) by a vote of 365-48.

The Head Start for School Readiness Act (S. 556) was introduced by Senator
Kennedy on February 12, 2007, and approved via voice vote by the Senate
Committee on Health, Education, Labor, and Pensions (HELP) on February 14. The
Chairman's amended version of the bill was subsequently reported on March 29,
2007, with a written report (S.Rept. 110-49) filed April 10, 2007. On June 19, under
unanimous consent, the full Senate passed the committee's bill, with a few technical
changes, under the House bill number (H.R. 1429).

Both reauthorization bills amend Head Start with the goal of improving the
program's ability to promote low-income children's school readiness by supporting
their cognitive, social, emotional, and physical development. The means for doing
so encompass a wide range of provisions, covering issues of program funding,
administration, eligibility, accountability, quality, governance, and coordination.
Authorization levels for funding would be increased above current funding amounts
by both bills, and eligibility would be expanded to allow for serving children up to
130% of the poverty line. Both bills include provisions that would increase
competition for Head Start grants, by limiting the period for which a grantee may
receive grant funds to five years, before recompetition may be required.

Other similarities include increasing the percentage of the appropriation to be
reserved for Early Head Start; emphasizing coordination and collaboration with other
state and local early childhood programs; increasing staff qualifications; specifying
requirements of shared governance principles in statute; and suspending use of the
National Reporting System. Although the overall areas addressed by the two
reauthorization bills are similar, a side-by-side comparison of provisions, alongside
current law, reveals notable differences in detail. The table does not reflect the
provisions agreed to in conference.
Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Overview of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Program Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Detailed Comparison of Provisions Included in Head Start Reauthorization
Bills with Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

SEC. 635. SHORT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

SEC. 636. STATEMENT OF PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

SEC. 638. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS . . 11
Time Period for Providing Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

SEC. 639. AUTHORIZATION OF APPROPRIATIONS . . . . . . . . . . . . . . . . 11
Authorization of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

SEC. 640. ALLOTMENT OF FUNDS; LIMITATION ON ASSISTANCE . . . 12
Allotments Within the 13% Set-Aside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Hold Harmless Provision for Indian, Migrant and Seasonal
Head Start Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Designated Percentage of Funding for Migrant and Seasonal
Head Start Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Designated Percentage of Funding for Indian Head Start Programs . . 13
Funding for Palau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Set-Aside for Training and Technical Assistance . . . . . . . . . . . . . . . . 13
Limitation on Expansion or Creation of "Slots or Services" in
Non-Indian and Non-Migrant/Seasonal Programs . . . . . . . . . . . . . . . 15
Excess Funding for Quality Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Quality Improvement Fund: Goals and Activities . . . . . . . . . . . . . . . . . . . . 16
Allotments to States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Hold Harmless for States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Distribution of Funds Remaining After the Hold Harmless . . . . . . . . 17
Collaboration Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Collaboration Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Requirements of Collaboration Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Responsibilities of State Director of Head Start Collaboration . . . . . . . . . . 19
Early Head Start Allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Factors for Allocating Funds to Grantee Applicants Within a State . . . . . . 20
Service Delivery Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Negotiation of Reduced Funded Enrollment Levels . . . . . . . . . . . . . . . . . . 21
Transportation Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Meeting Needs of Children of Migrant and Seasonal Farmworkers
and of Indian Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Annual Consultation Between Secretary and Tribal Governments
Operating Head Start/ehs Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Enrollment of Homeless Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Head Start Materials and Curricula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

SEC. 641 DESIGNATION OF HEAD START AGENCIES . . . . . . . . . . . . . . . 24
Eligible Designees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Designation of Head Start Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Application Review System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Composition of Expert Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Report from Expert Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Public Comment on Proposed Review System . . . . . . . . . . . . . . . . . . . . . . 26
Considerations in Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Designation When No Entity Has Priority . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Priority to Nonprofit Agencies in Cases of Equal Quality Applicants . . . . 28

SEC. 641A. QUALITY STANDARDS; MONITORING OF
HEAD START AGENCIES AND PROGRAMS . . . . . . . . . . . . . . . . . . . . 29
Education Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Standards for Condition and Location of Head Start Facilities . . . . . . . . . . 29
Considerations in Developing Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Characteristics of Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Use of Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Evaluations and Corrective Actions for Delegate Agencies . . . . . . . . . . . . 33
Use of National Reporting System (NRS) . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Monitoring of Local Agencies and Programs . . . . . . . . . . . . . . . . . . . . . . . 35
Procedures for Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Conduct of Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Content of Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Use of Review Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Training for Reviewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Quality and Consistency of Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Agency Responsibility with Respect to Approving a Program's
Quality Improvement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Self-Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Use of "Enrollment" Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Enrollment Reporting Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Reduction of Grants (And Redistribution of Funds) in
Cases of Under-Enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Secretarial Action for Continued Under-enrollment . . . . . . . . . . . . . . . . . . 40
Redistribution of Recaptured Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Contract with Nonprofit Intermediary Organization . . . . . . . . . . . . . . . . . . 41

NEWLY PROPOSED: SEC. 641B CENTERS OF EXCELLENCE
IN EARLY CHILDHOOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES . . . 44
Program Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Composition of Governing Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Responsibilities of Governing Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Composition of Policy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Responsibilities of Policy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Impasse Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Parental Involvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Evaluating Effectiveness of Transition Projects . . . . . . . . . . . . . . . . . . . . . 48
Implementing Research-Based Early Childhood Curricula . . . . . . . . . . . . . 49
Use of Research-Based Assessment Methods . . . . . . . . . . . . . . . . . . . . . . . 49
Funded Enrollment and Waiting List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Technical Assistance and Training Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Financial Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

SEC. 642A. HEAD START TRANSITION . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Steps for Coordinating Head Start with LEA and Elementary Schools . . . . 51

NEWLY PROPOSED SEC. 642B. LOCAL AND STATE
INTEGRATION OF EARLY CHILDHOOD EDUCATION . . . . . . . . . . . 52
Local Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Memoranda of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Reasons for Failing to Enter into MOU . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Consequences for Failing to Enter into MOU . . . . . . . . . . . . . . . . . . . . . . . 54
Statewide Integration through Early Learning Collaboration Grants . . . . . . 54
State Early Learning Council (SELC)/State Advisory Council (SAC) . . . . 54
Purpose of SELC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Funding for SELC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

SEC. 643. SUBMISSION OF PLANS TO GOVERNORS . . . . . . . . . . . . . . . . 56
Time Period for State Governors' Approval of Plans . . . . . . . . . . . . . . . . . 56
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

SEC. 644. ADMINISTRATIVE REQUIREMENTS AND STANDARDS . . . 57
Annual Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Purchase of Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

SEC. 645. PARTICIPATION IN HEAD START PROGRAMS . . . . . . . . . . . 58
Income Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Eligibility of Homeless Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Expansion of Services for Infants and Toddlers . . . . . . . . . . . . . . . . . . . . . 59
Military Pay and Allowances Not Counted as Income . . . . . . . . . . . . . . . . 59
Part-Day Session Participation Versus Full-Day . . . . . . . . . . . . . . . . . . . . . 59

SEC. 645A. EARLY HEAD START PROGRAMS FOR
FAMILIES WITH INFANTS AND TODDLERS . . . . . . . . . . . . . . . . . . . . 60
Scope and Design of Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Professional Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
EHS Training and Technical Assistance Account . . . . . . . . . . . . . . . . . . . . 61
EHS Staff Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
NEWLY PROPOSED SEC. 645B (and 657A) PARENTAL CONSENT
REQUIREMENT FOR HEALTH CARE SERVICES, INCLUDING
NON-EMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS . . . . . 62

SEC. 646. APPEALS, NOTICE, AND HEARING . . . . . . . . . . . . . . . . . . . . . . 62
Right to Full and Fair Hearing in Cases of Funding Termination
and Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Coverage of Legal Fees in Cases of Appeal . . . . . . . . . . . . . . . . . . . . . . . . 63
Suspension of Funds for More than 30 Days . . . . . . . . . . . . . . . . . . . . . . . . 63

SEC. 647. RECORDS AND AUDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Record Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

SEC. 648. TECHNICAL ASSISTANCE AND TRAINING . . . . . . . . . . . . . . . 65
Regional or State System of Early Childhood Education Training
and Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Purpose of Training and Technical Assistance . . . . . . . . . . . . . . . . . . . . . . 65
Classroom-Focused Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Training for Addressing Unique Needs of Select Head Start
Children and Families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Limitation on Use of Funds for Travel and Training . . . . . . . . . . . . . . . . . . 66
Outreach Program to Train and Recruit Minority Men as
Head Start Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Use of Funds for Pre-Literacy Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Assessing the Migrant and Seasonal and American Indian
Population's Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Report of Findings on Migrant and Seasonal as well as
American Indian Population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Establishing Contracts for Delivering a State-Based Training
and Technical Assistance System . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
On-line Graduate-Level Professional Development Program . . . . . . . . . . . . 0
Tribal Colleges and Hispanic-serving Institutions Career Ladder
Demonstration Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Historically Black Colleges and Universities - Head Start Partnerships . . . 69

SEC. 648A. STAFF QUALIFICATIONS AND DEVELOPMENT . . . . . . . . . 69
Degree Requirements for Teachers (Nationwide) . . . . . . . . . . . . . . . . . . . . 69
Degree Requirements for Teachers (Statewide) . . . . . . . . . . . . . . . . . . . . . 70
Alternative Credentialing Requirement -- Teach for America . . . . . . . . . . 70
Degree Requirements for Head Start Curriculum Specialists
and Education Coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Degree Requirements for Teaching Assistants . . . . . . . . . . . . . . . . . . . . . . 71
Teacher In-Service Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Progress Report to Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Requirement for New Head Start Teachers . . . . . . . . . . . . . . . . . . . . . . . . . 72
Service Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Professional Development Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Criminal Background Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Student Loan Forgiveness Program for Head Start and
Early Head Start Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
NEWLY PROPOSED SEC. 648B. TRIBAL COLLEGES AND
UNIVERSITIES HEAD START PARTNERSHIP . . . . . . . . . . . . . . . . . . 75

SEC. 649. RESEARCH, DEMONSTRATIONS, AND EVALUATION . . . . . 75
Use of Survey of Income and Program Participation (SIPP),
the National Longitudinal Survey of Youth (NLSY),
and the Survey of Program Dynamics (SPD) for Analysis . . . . . . . . . 75
Study and Report on Services to LEP Children and Families . . . . . . . . . . . 75
Study of Status of Head Start Participants in Hurricane-Affected Areas . . 76

SEC. 650 REPORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Expenditure Report on Set-asides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Fiscal Protocol Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Report Tracking Use of Individual Education Plans . . . . . . . . . . . . . . . . . . 77

SEC. 653. WAGES AND COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . 78
Federal Rate Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

NEWLY PROPOSED SEC. 656A. LIMITATION ON CERTAIN USES
OF FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

SEC. 656. POLITICAL ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

List of Tables
Table 1. Comparison of Current Law (and Regulations, if Applicable)
with House- and Senate-Passed Versions of H.R. 1429 . . . . . . . . . . . . . . . . 6
Head Start Reauthorization:
A Side-by-Side Comparison of
House- and Senate-Passed Versions of
H.R. 1429 and Current Law

Introduction
Head Start, a federal program that has provided comprehensive early childhood
development services to low-income children since 1965, was last reauthorized in
1998 for fiscal years 1999-2003. The program has remained alive in subsequent
years through the annual appropriations process. After unsuccessful efforts by the
108th and 109th Congresses to complete the reauthorization process, the 110th
Congress has undertaken the task.1 The House and Senate have each passed its own
version of a reauthorization bill, the Senate version adopting the House bill's number
(H.R. 1429) and representing only a slightly modified version of the bill reported by
the Senate Health, Education, Labor, and Pensions Committee (S. 556). On
November 9, 2007, House and Senate conferees filed a conference report (H.Rept.
110-439). This report does not yet reflect the provisions contained in that agreement.

The Head Start for School Readiness Act (S. 556) was introduced by Senator
Kennedy on February 12, 2007, and approved via voice vote by the Senate
Committee on Health, Education, Labor, and Pensions (HELP) on February 14. The
Chairman's amended version of the bill was subsequently reported on March 29,
2007; a written report (S.Rept. 110-49) was filed April 10, 2007. On June 19, the
Senate passed (by voice vote under a unanimous consent agreement) its bill, adopting
the bill number of the reauthorization bill that passed the House (H.R. 1429), but
substituting its own committee-reported bill language of S. 556 (with a few technical
changes).

1
For additional background information on the Head Start program and reauthorization
activity, see CRS Report RL30952, Head Start: Background and Issues, by Melinda Gish.
CRS-2

Overview of Provisions
Both reauthorization bills propose to amend Head Start with the purpose of
improving the program's ability to promote low-income children's school readiness
by supporting their cognitive, social, emotional, and physical development. The
means for doing so encompass a wide range of provisions, covering issues of
program funding, administration, eligibility, accountability, quality, governance, and
coordination. Below is an overview of broad areas addressed in the proposed
legislation, followed by Table 1, a detailed side-by-side comparison of each bill's
provisions with current law (and, where relevant, current regulations). The areas
listed below are not intended to encompass every provision included in each of the
respective bills, but rather major areas addressed. The table does not reflect the
provisions agreed to in conference.

Funding
Despite the expiration of authorizing language, the Head Start program has
continued to receive its funding through the annual appropriations process, most
recently (FY2007) at a level of almost $6.9 billion. From FY1995-FY2003, the Head
Start Act authorized funding Head Start at an unspecified dollar amount -- "such
sums as may be necessary." The reauthorization bills propose to increase funding for
Head Start, with both bills designating a dollar amount ($7.350 billion) for FY2008.
After FY2008, the House version of H.R. 1429 would authorize "such sums as may
be necessary" for each of the remaining four years covered by the legislation, whereas
the Senate version includes specific increases for FY2009 and FY2010, before once
again mirroring the House bill with unspecified amounts for FY2011 and FY2012.

Both bills propose changes with respect to the allocation of appropriated funds.
Within the 13% currently reserved from the total appropriation for a variety of
purposes, both bills introduce a greater level of specificity, assigning designated
percentages (of the total appropriation) for allotments to Indian and Migrant Head
Start programs. In the case of both bills, the percentages proposed reflect increases
above the portion currently received (and not set in statute).2

The allocation formula for determining state allotments is changed in both bills
to update the "hold harmless," or base amounts assured for the states. Appropriated
funds available to states after allotting the hold harmless amounts would be
distributed differently by the two bills. The House bill would continue to allot
remaining funds based on states' relative shares of poor children under age 5, while
the Senate bill introduces a new provision in which a portion of the remaining funds
would be allocated based on the percentage of eligible children served by grantees
within the state.

Program quality is also addressed by the funding allocation provisions. The
proposed legislation would maintain current law's practice of reserving a designated

2
In the Senate bill, the extent to which meeting proposed target percentages for Indian and
Migrant Head Start programs could restrict funding for other Head Start programs and
activities is not entirely clear.
CRS-3

percentage of the aforementioned remainder funds for "quality improvement," with
both bills proposing greater percentages for this purpose than under current law.
Both bills elaborate on the uses of quality improvement funds.

Both bills would increase the percentage of the total appropriation reserved for
funding Early Head Start programs, with a caveat that these percentages may only be
reached provided appropriation levels suffice. To compare the specifics of these and
other funding-related provisions, see the portions of Table 1 that refer to Sections 639
and 640 of current law.

Accountability
Provisions designed to address issues of accountability take several forms. Both
bills target accountability with respect to fiscal and program management, as well as
accountability with respect to Head Start children's outcomes. Under both the House
bill and Senate bill, agencies would be designated as a grantee for no more than five
years at a time, after which recompetition may be required. (Under current law,
grantees do not have to recompete for funds.) Only the House version would
establish an application review system to be used during this process; however, both
bills establish means for determining what constitutes a "high-performing" grantee,
and those agencies not meeting the standard would be faced with recompetition.

In order to be considered a high performing grantee under either bill, Head Start
agencies would need to demonstrate competent financial management, as well as the
ability to deliver a program high in quality, developmentally appropriate, and based
on scientifically-based research and measures. Both bills add new language to
current law, requiring programs' governing bodies to include individuals with
expertise in fiscal matters. Both bills would introduce detailed definitions of
"deficiency" into statute, along with provisions to help ensure that funding for any
grantees or delegates unable or unwilling to correct deficiencies be suspended or
terminated as necessary. As reflected in Table 1, particularly within Sec. 641A, the
two proposals often expand on current regulations with respect to corrective actions.

Both bills emphasize the use of scientifically-based early childhood research as
a basis for formulating educational measures for children and developing appropriate
curricula that will lead to positive outcomes. Likewise, both would suspend use of
the National Reporting System (NRS) in its current form, pending further review and
recommendations from a National Academy of Sciences panel. The importance of
effective and reliable screening and assessments in the Head Start program is stressed
by both bills, accompanied by an emphasis on the value of ensuring that the tools
used for screening and assessment be scientifically sound, based on the most up-to-
date research in the field.

Program Governance
Current law emphasizes shared governance and parent involvement within Head
Start programs in general terms, leaving the details to regulation. Both versions of
H.R. 1429 would introduce into statute more detailed provisions regarding program
governance, clearly outlining the composition and responsibilities of both the
CRS-4

governing bodies and the policy councils. The reports accompanying the legislation
emphasize the committees' intent that a commitment be made to maintaining the
structure of shared governance (between governing bodies and policy councils), with
clear language that the governing bodies hold legal and fiscal accountability. The
responsibilities of policy councils are stated in both bills, but using different
language; both bills are more specific than current regulations. As in current
regulations, both bills make reference to the need for an impasse policy or means for
dealing with internal disputes, in the event that a governing body disagrees with
recommendations from the policy council.

As noted in Table 1, within the two bills, the provisions related to program
governance do not amend the same section of current law. Section 8 of the House
version of H.R. 1429 includes the provisions stating the required composition, role
and responsibilities of the governing bodies and councils as part of amendments to
Sec. 642, whereas the Senate bill includes its program governance requirements
(including composition, roles, and responsibilities) in Section 7, the portion of the
bill that amends Sec. 641 of current law.

Quality
Provisions that aim to improve the quality of Head Start programs (through a
variety of means) permeate both reauthorization bills. Some of these provisions,
already alluded to, relate to allocation of funds for quality and technical assistance
and training, designating agencies, and developing standards and measures. In
addition, both proposed bills would amend Sec. 648A of current law to increase staff
qualifications for Head Start teachers (but with different requirements).
Accompanying report language makes clear both committees' view that teacher
quality is essential to early childhood program quality. Professional development is
promoted in both bills, as are efforts to enhance services for children with limited
English proficiency.

Included in the Senate bill is a newly proposed section (641B) to the Head Start
Act, which would provide for the establishment of a program under which the
Secretary of Health and Human Services (HHS) would designate up to 200
exemplary Head Start agencies as "Centers of Excellence in Early Childhood."
These agencies would receive (pending appropriation of funds) bonus grants of at
least $200,000 per year. Like regularly designated grantees, the Centers of
Excellence bonus grants would be designated for up to five years at a time.

Coordination
In addition to provisions aimed at improving the quality and accountability of
Head Start programs, both bills would amend current law to foster even greater
program coordination between Head Start and other early childhood programs,
including state prekindergartens. Program coordination includes providing for
alignment of Head Start goals and expectations with those schools into which Head
Start children will later enroll. Coordination is also to be enhanced by bolstering
state and local relationships with Head Start. The House version of H.R. 1429
proposes a new section, 642B, specifically outlining the partnerships that Head Start
CRS-5

agencies are to enter into with local education agencies, including a description of the
memorandum of understanding that each Head Start agency would negotiate with the
local entities. Under both bills, collaboration grants are described in greater detail,
and the state's role in collaboration is bolstered through involvement of an Early
Learning Council (under the House bill) or a State Advisory Council (under the
Senate bill).

Eligibility
Under current law, all children from families with income under 100% of the
poverty line are eligible for Head Start. Regulations state that at least 90% of
children enrolled in each program must fit this criterion, allowing for 10% to be over-
income. Both bills would allow for expansion of eligibility up to 130% of the
poverty line, with the House version of H.R. 1429 specifying that no more than 20%
of children served by a Head Start program be above the poverty line. In the case of
both bills, the intent is that programs seek to serve children under 100% of poverty
before serving those from families with higher incomes. Homeless children would
also be deemed categorically eligible under both bills. Both bills address the issue
of how to confront situations of under-enrollment in Head Start programs,
recognizing that the cause of these situations may differ from program to program,
sometimes reflecting a program weakness while in other cases demographic changes
in the community.

Another provision reflecting both committees' desire for greater flexibility with
respect to participation and serving the needs of communities is one that allows for
regular funds to be used for serving Early Head Start infants and toddlers. Doing so
requires approval of a written application under both bills, but the possibility for this
expansion of services would be written into law.

Detailed Comparison of Provisions Included in
Head Start Reauthorization Bills with Current Law
Table 1 provides a detailed comparison of the House- and Senate-passed
versions of H.R. 1429, and current law. Where applicable, current regulations are
included to show whether changes proposed in the reauthorization bills would reflect
practical changes to the program. As stated earlier, the table does not include
provisions agreed to in the conference report (H.Rept. 110-439) filed on November
9, 2007. The table is structured in the order of current law's sections. In cases where
bills address the same or similar provisions by amending different sections of current
law, that has been noted in the table. The table also notes if a provision was added
as an amendment during House floor debate.
CRS-6

Table 1. Comparison of Current Law (and Regulations, if Applicable) with
House- and Senate-Passed Versions of H.R. 1429

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 635. SHORT TITLE

Head Start Act Improving Head Start Act Head Start for School
of 2007 Readiness Act

An amendment was
accepted by the House,
adding a findings section
into law, after the title,
outlining the history and
importance of continued
faith-based and community-
based organizations'
participation in the Head
Start program.

SEC. 636. STATEMENT OF PURPOSE

Purpose To promote school (Sec. 2) (Sec. 2)
readiness by enhancing the Elaborates on purpose, Makes changes comparable to
social and cognitive adding "emotional House bill.
development of low-income development" as an area to
children by providing be promoted. Also
health, educational, specifies that the Head Start
nutritional, social, and other learning environment
services determined to be should support growth in
necessary, based on family language, literacy, math,
needs assessments. science, social and
emotional functioning, and
physical skills.
CRS-7

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Definitions

"Deficiency" No definition. 1304.3(a)(6) "Deficiency" (Sec. 3) (Sec. 3)
is defined in regulation to A systemic or significant A systemic or substantial
mean an area in which a material failure of a Head material failure of a Head Start
grantee agency is not in Start agency in an area of agency in an area of
compliance with state or performance that the performance that the Secretary
federal requirements, and Secretary determines determines involves:
which involves: involves:

- A threat to the health, - Same as in regulation. - Same as in regulation.
safety, or civil rights of
children or staff;

- A denial to parents of the - Same as in regulation. - A denial to parents of the
exercise of their full roles exercise of their full roles and
and responsibilities related responsibilities related to
to program governance; program operations;

- A failure to perform - A failure to perform the - A failure to comply with
substantially the requirements of section standards related to early
requirements related to 641A(a) (quality standards), childhood development and
early childhood as determined by the health services, family and
development and health Secretary; community partnerships, or
services, family and program design and
community partnerships, or management;
program design and
management;

- The misuse of Head Start - Same as regulation. - Same as regulation.
grant funds;
CRS-8

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

- The loss of legal status or - The loss of legal status (as - Same as House bill.
financial viability, loss of determined by the
permits, debarment from Secretary) or financial
receiving federal grants or viability, loss of permits,
contracts or the improper debarment from receiving
use of federal funds; federal grants or contracts
or the improper use of
federal funds;

- Any other violation of - Failure to meet any other - Same as regulation.
federal or state federal or state requirement.
requirements, for which the (House bill does not include
grantee has shown an language regarding a
unwillingness or inability to grantee's unwillingness or
correct within the period inability to correct a
specified by the responsible violation.)
HHS official (in writing).

-Failure of the board of - Systemic failure of the board
directors of a Head Start of directors of an agency to
agency to meet its legal and fully exercise its legal and
fiduciary responsibilities. fiduciary responsibilities.

- Substantial failure to meet the
administrative requirements.

- Failure of an agency to
demonstrate that the agency
attempted to meet the
coordination and collaboration
requirements with entities
described in section
640(a)(5)(iii)(I); or
CRS-9

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

- Having an unresolved area of
noncompliance.

"Homeless children" No definition. "Homeless children" has Same as House bill.
the meaning given in the
McKinney-Vento Homeless
Assistance Act

"Inclusive classroom" No definition. "Inclusive classroom" No definition.
means a Head Start
classroom that contains
both children with
disabilities and children
without disabilities.
(House floor amendment)

"Limited English No definition. Provides a definition for Same as House bill, except the
proficiency" "limited English definition is specifically with
proficiency" with respect to respect to children.
individuals.

"Professional No definition. Defines "professional No provision.
development" development" as activities
that can improve the
knowledge and skills of
Head Start staff.

"Unresolved area of No definition. No definition. "Unresolved area of
noncompliance" noncompliance" means a
failure to correct a
noncompliance item within 120
days after receiving notice
from the Secretary, or within
such additional time (if any)
authorized by the Secretary.
CRS-10

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

"Institution of higher No definition. No definition "Institution of higher
education" education" has the meaning
given the term in Sec. 101(a) of
the Higher Education Act.

"Interrater reliability" No definition. No definition. Defines "interrater reliability"
to mean the extent to which
two or more different raters or
observers consistently obtain
the same result when using the
same assessment tool.

"Scientifically based No definition. Defines "scientifically No definition.
research" based research" as research
that involves the application
of rigorous, systematic and
objective procedures to
obtain reliable and valid
knowledge relevant to
education activities and
programs.

"Delegate agency" "Delegate agency" means a No change to current law "Delegate agency" definition is
public, private nonprofit, or definition. modified to specifically
for-profit organization or include private nonprofits that
agency to which a grantee are "community-based
has delegated all or part of organizations."
its responsibility for
operating a Head Start
program.
CRS-11

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 638. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS

Time Period for Providing Under current law, there is (Sec. 6) (Sec. 4)
Assistance (before no specified time period House bill amends Sec. Like the House bill, the Senate
recompetition) mentioned for providing 641(not Sec. 638) to state version limits the period for
financial assistance to a that grantees who are which a grantee may receive
grantee. determined (using the grant funds to five years,
newly proposed application before recompetition may be
review system) to be required, however, it does not
successfully delivering a propose the review system
high quality program shall described in the House bill.
be designated as a Head
Start agency for a period of
five years.

SEC. 639. AUTHORIZATION OF APPROPRIATIONS

Authorization of Funds The Head Start (Sec. 4) (Sec. 5)
authorization expired at the $7.350 billion for FY2008; $7.350 billion for FY2008;
end of FY2003. and such sums as may be $7.650 billion for FY2009;
Authorization had been set necessary for FY2009- $7.995 billion for FY2010; and
at such sums as necessary. FY2012. Of those amounts, such sums as may be necessary
Of that amount, in each not more than $20 million is for FY2011 and FY2012. (Set-
year, not more than $35 to be made available in asides for research,
million was to be for FY2008 for research, demonstration, evaluation
transition projects, not more demonstration, and activities and impact studies
than $5 million for impact evaluation activities; such are same as in House bill.)
studies, and not more than sums as necessary in
$12 million for research, FY2009-FY2012. Not
demonstration, and more than $7 million is to
evaluation. (Actual FY2007 be used in each of FY2008-
appropriation is $6.889 FY2012 to carry out the
billion.) impact studies described
under Section 649(g).
CRS-12

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 640. ALLOTMENT OF FUNDS; LIMITATION ON ASSISTANCE

Allotments Within the 13%
Set-Aside

Hold Harmless Under current law, Indian, (Sec. 5) (Sec. 6)
Provision for Indian, Migrant and Seasonal Head Revises the hold harmless Notwithstanding the designated
Migrant and Seasonal Start programs receive provision to FY2007 for set-aside percentages described
Head Start Programs funding reserved as part of Indians, Migrant and below for Indian Head Start
a larger 13% set-aside from Seasonal Head Start (and and Seasonal and Migrant
total Head Start funds. designates specific programs, the Secretary is to
They do not receive a percentages, discussed reserve for them not less than
designated percentage, but below). the amount obligated the
do operate under a "hold previous year for these
harmless" provision which programs (on a national basis).
states that they must receive
at least the level of funding
received in FY1998.

Designated Percentage No designated percentage (Sec. 5) (Sec. 6)
of Funding for Migrant (see above). (Note: in Migrant and Seasonal Head Migrant and Seasonal Head
and Seasonal Head Start FY2006, the amount Start programs are to Start programs are to receive at
Programs allotted for Migrant and receive at least 5% of the least 5% of the total
Seasonal Head Start totaled total amount appropriated appropriation (or as close to
approximately 4.2% of the (until the Secretary is able that as possible without
total appropriation.) to make other funding reducing the number of
decisions based on data children served by the Head
collected on eligible Start program as a whole).
children. Any future
funding reduction is not to
result in cutting services to
eligible children aged 3 or
older who are already
participating in the
program. If possible,
participating 3-year olds
should maintain services.)
CRS-13

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Designated Percentage No designated percentage (Sec. 5) (Sec. 6)
of Funding for Indian (see above). (Note: in Indian Head Start programs Indian Hedddadd Start
Head Start Programs FY2006, the amount shall receive at least 3.5% programs are to receive at least
allotted for Indian Head of total appropriation (until 4% of the total appropriation
Start totaled approximately the Secretary is able to (or as close to that as possible
2.7% of the total make other funding without reducing the number of
appropriation.) decisions to ensure access children served by the Head
for eligible Indian children Start program as a whole).
is comparable to access for
other eligible children,
except that any future
funding reduction is not to
result in cutting services to
eligible children age 3 or
older who are already
participating in the
program. To the extent
possible, participating
children under 3 should also
maintain services.)

Funding for Palau Current law allows funding (Sec.5) No change to current law (i.e.,
(on the basis of a Strikes current law funding would be continued
renegotiated Compact of language and permits according to Compact, but
Free Association), but funding to Palau through other date references in
language is dated. FY2009. language would remain
outdated.).

Set-Aside for Training Current law reserves "not (Sec. 5) (Sec. 6)
and Technical less than 2%" of total Head Maintains the set-aside for Same as House bill regarding
Assistance (and Start funding for training training and technical maintaining at least 2%, but
requirements for use and technical assistance, of assistance at "not less than differences in sub-requirements
within the overall set- which: 2%" of which: (described below).
aside)
CRS-14

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

No provision. - not less than 50% is to be - 50% to be made available to
made available for local Head Start agencies to use
Head Start agencies to make directly, or by establishing
program improvements local or regional agreements
using training and technical with community experts,
assistance activities listed in institutions of higher learning,
section 648(j); (refer to Sec. or private consultants, for a
648 portion of this table) range of training and technical
assistance activities (a more
extensive list than the list
included in House bill under
Sec. 648(j)). Head Start
agencies are to be required to
report annually as to how these
funds were used.

No provision. - not less than 30% shall be - 50% to be made available to
made available to the Secretary to support a state
Secretary to support a state system of early childhood
system of early childhood education training and
education training and technical assistance and to
technical assistance; comply with quality standards.

No provision. - the remainder to address No provision.
program weaknesses
identified by monitoring
activities, except:

- Not less than $3 million of - Not less than $3 million of Same as current law.
the amount appropriated for the amount appropriated for
a fiscal year is to be made a fiscal year is to be made
available to carry out available for literacy
literacy training. training. ( current law.)

- No more than $5 million No provision.
is reserved for State Early
Learning Councils.
CRS-15

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Limitation on Expansion or No provision No provision. (Sec. 6)
Creation of "Slots or The bill states that in no case
Services" in Non-Indian and may the Secretary use any of
Non-Migrant/Seasonal the total Head Start
Programs appropriation to expand or
create additional "slots or
services" in non-Indian and
non-migrant and seasonal Head
Start programs until the
specified percentages (4% and
5%) are met.

Excess Funding for Quality Under current law, a (Sec. 5) (Sec. 6)
Improvement percentage of the amount In each of FY2008- In FY2008, 30% of the amount
by which the total Head FY2012, 60% of the by which the funds
Start appropriation exceeds amount by which the funds appropriated for Head Start
the prior year's adjusted appropriated for Head Start exceed the prior year's
appropriation is to be exceed the prior year's adjusted appropriation will be
reserved for funding quality adjusted appropriation will used to fund quality
improvement activities. be used to fund quality improvement activities. In
The respective percentages improvement activities. each of FY2009-FY2012, the
for the years covered by (The Secretary may provide amount will be 40%.
current law were: additional amounts at his
FY1999 = 60% discretion.)
FY2000 = 50%
FY2001 = 47.5%
FY2002 = 35%
FY2003 = 25%
CRS-16

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Quality Improvement Fund: Lists 8 goals that quality (Sec. 5) (Sec. 6)
Goals and Activities improvement funds should Elaborates on the activities Elaborates on the goals listed
aim to accomplish. that quality funds may in current law, as well as the
support, and amends the list of activities for which
Funds are used to meet percentage reserved for quality funds may be used.
these goals by carrying out improving compensation. Comparable to House bill,
any or all of the following although retains current law's
listed activities: -At least 25% of the quality provision that at least one-half
-At least one-half of the funds to be used to improve of the quality funds be used to
appropriation reserved as the compensation, salary improve compensation.
"quality funds" is to be used scales, and benefit standards
to improve the of educational staff, family
compensation (including service workers and child
benefits) of Head Start counselors, to ensure that
teachers and staff; salary levels and benefits
-to train classroom teachers are adequate to attract and
and other staff to meet the retain qualified staff.
education performance
standards;
-to employ additional Head
Start staff, including staff
necessary to reduce the
child-staff ratio;
-to pay costs of purchasing
insurance (other than
employee benefits);
-to support staff training
and child counseling.

Allotments to States (Sec. 5) (Sec. 6)

Hold Harmless for First each state receives an Changes the hold harmless Same as House bill.
States amount equal to the amount so that each state first
it received in FY1998. receives an amount equal to
the amount it received in
FY2007.
CRS-17

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Distribution of Funds Any amount available after No change to current law. Any remaining funds (after the
Remaining After the above allotments are made FY2007 hold harmless) will be
Hold Harmless are distributed distributed so that each state
proportionately among will receive an amount
states based on each state's sufficient to serve the same
number of children under number of Head Start children
age 5 from families with as were served at the time of
income below the poverty this bill's enactment, taking
line. into consideration an inflation
adjustment.

If there are funds remaining
after the step described above,
65% of this balance will be
distributed among the states
serving less than 60% (as
determined by the Secretary) of
poor children who are 3 or 4
years of age. Funds will be
allotted based on the qualifying
states' share of poor children
under age 5. The 35%
remaining will be distributed to
all states based on their relative
share of poor children under 5.

Collaboration Grants From the state allotments From the state allotments, From the state allotments the
described above, the the Secretary shall award a Secretary shall award a
Secretary may award a collaboration grant to any collaboration grant to each
collaboration grant to each state that submits a written state. Adds language
state to facilitate request. comparable to House bill,
collaboration among Head describing the purposes of
Start agencies and entities Expands current law to collaboration grants in greater
involved in state and local specify that grants be used: detail than current law.
planning processes. - to promote alignment of
Head Start curricula and
continuity of services with
CRS-18

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

the Head Start Child
Outcomes Framework and
state early learning
standards, as appropriate;
- to promote better linkages
between Head Start
agencies, including those
providing health, mental
health or family services, or
other child or family
supportive services; and
- to carry out the activities
of the state Director of
Head Start Collaboration.

Collaboration Authority In order to receive a (Sec. 5) (Sec. 6)
collaboration grant, the Replaces "State liaison" Comparable to House bill.
state appoints an individual with "State Director of
to serve as the state liaison Collaboration" and provides
between the Administration a more detailed list (than in
for Children and Families current law) of the entities
(ACF) regional office and to be involved in
agencies carrying out Head collaborative efforts with
Start programs in the state; Head Start agencies.
and agencies and other
entities carrying out early
childhood programs that
serve low-income children
and families. The state is to
involve the state Head Start
Association in the selection
of the individual.

Requirements of The State liaison works to (Sec. 5) (Sec. 6)
Collaboration Authority ensure that collaboration Expands current law, Comparable to House bill.
involves coordination of stating that collaborating
Head Start services with a entities are to develop a
CRS-19

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

variety of services including strategic plan for outreach,
health care, welfare, child based on a needs
care, education, and assessment conducted by
community service the Office of the State
activities, family literacy Director of Collaboration.
services, disability services, (Assessment to be
and services for homeless completed within one year
children. after bill's enactment, and
updated annually.)

Responsibilities of State (Sec. 5) (Sec. 6)
Director of Head Start The State Director of Head Comparable requirements to
Collaboration Start Collaboration shall House bill, although in Senate
also: bill, the "State Advisory
- promote partnerships Council" appears to serve the
between Head Start function of the House bill's
agencies, state and local "State Early Learning
governments, and the Council."
private sector;
- consult with the chief state
school officer, local
educational agencies, and
early childhood care and
education providers;
- promote partnerships
between Head Start
agencies, schools, law
enforcement, relevant
community-based
organizations, and
substance abuse and mental
health treatment agencies;
- promote partnerships
between Head Start
agencies and other
organizations to enhance
program quality (and
CRS-20

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

increase the number of
books in Head Start
classrooms);
- work with the State Early
Learning Council.

Early Head Start Allotments Current law requires that a (Sec. 5) (Sec. 6)
designated portion of Head Requires that the percentage Same as House bill.
Start's total appropriation of the Head Start
be set aside to fund the appropriation to be set-aside
Early Head Start (EHS) for EHS be at least:
program. Set-asides 12% for FY2008
established in law were: 14% for FY2009
7.5% in FY1999; 8% in 16% for FY2010
FY2000; 9% in FY2001; 18% for FY2011
and 10% in each of FY2002 20% for FY2012
and FY2003. (If there is not (With the same caveat as
a large enough total current law concerning the
appropriation to reserve the Secretary's ability to reduce
designated percentages the percentage if total
without reducing Head Start appropriation levels do not
slots in number or quality, suffice.)
the Secretary may reduce
the EHS percentage, but not
below the previous year's
level. (Although without
authorization, allotments
since FY2003 have been
maintained at 10%.)

Factors for Allocating Funds In allocating funds to (Sec. 5) (Sec. 6)
to Grantee Applicants Within grantee applicants in states, Adds language stating that Similar language to House bill.
a State the Secretary takes into in allocating funds to
account the quality of the applicants within a state, the
applicants' programs, their Secretary will take into
capacity to expand services, consideration the amount of
CRS-21

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

the extent to which they funds used by an agency to
have undertaken pay administrative expenses
community-wide strategic and the amount of funds
planning, the concentration received to serve each
of low-income families in enrolled child.
the community, and other
factors.

Service Delivery Models The Secretary shall (Sec. 5) (Sec. 6)
establish procedures to Adds language specifying Same as House bill.
enable Head Start agencies that within one year after
to develop locally designed the date of this act's
or specialized service enactment, the Secretary
delivery models to address must establish the
local community needs. procedures to develop the
models outlined in current
law, including models that
leverage the existing
capacity and capabilities of
the early childhood
education and child care
delivery system.

The Secretary is to establish
procedures to provide for
the conversion of part-day
programs to full-day
programs or part-day slots
to full-day, and for serving
additional infants and
toddlers.

Negotiation of Reduced No specific provision (Sec. 5) No provision.
Funded Enrollment Levels (although annual grantee Adds provision that if the
budgets are reviewed by Head Start appropriation
HHS, with negotiation does not exceed the prior
when applicable). year's, grantees may
CRS-22

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

negotiate a reduced funded-
enrollment level, if able to
demonstrate (to HHS) that
doing so is necessary to
maintain the quality of
services provided.
(House floor amendment)

Transportation Safety The Secretary has issued (Sec. 5) (Sec. 6)
regulations establishing Adds language giving the Adds language requiring that
requirements for the safety Secretary the authority to the Secretary:
features, and the safe waive transportation -establish requirements to
operation, of vehicles used regulatory requirements for ensure the appropriate
by Head Start agencies to up to one year, with supervision and background
transport Head Start possibility for renewal, in checks of individuals with
children. Regulations the event that the Head Start whom the agencies contract for
provide waiver authority in agency can demonstrate that transportation services; and
cases of "good cause." the requirements will result -revise allowable alternate
Regulations do not establish in significant disruption of vehicle standards pertaining to
a time period for waivers. services or are otherwise Head Start vehicles.
not in the best interest of The bill also provides that
the child/ren. Head Start vehicles in use as of
January 1, 2007 are not to be
subject to a requirement
regarding exit doors for two
years after date of enactment.

Meeting Needs of Children The Secretary is to continue (Sec. 5) (Sec. 6)
of Migrant and Seasonal the administrative In addition to providing Same as House bill, with
Farmworkers and of Indian arrangement responsible for funding, the Secretary clarification that the training
Children meeting the needs of the would ensure training and and technical assistance be
children of migrant and technical assistance and the provided by staff with
seasonal farmworkers and appointment of a national experience working with these
Indian children and shall migrant and seasonal Head populations.
ensure that appropriate Start and Indian Head Start
funding is provided to meet collaborator.
such needs.
CRS-23

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Annual Consultation No provision. (Sec. 5) (Sec. 6)
Between Secretary and Adds language requiring the Same as House bill, except that
Tribal Governments Secretary of HHS to the detailed report is to be
Operating Head Start/ehs conduct annual made available "on a timely
Programs consultations with tribal basis."
governments operating
Head Start and Early Head
Start programs. A detailed
report of the consultation
will be made available to
the tribes (within 90 days)
receiving Head Start funds.

Enrollment of Homeless Current law does not (Sec. 5) (Sec. 6)
Children preclude enrolling homeless Requires the Secretary to Same as House bill.
children, but also does not issue regulations that
specifically address this prescribe policies and
population. procedures that remove
barriers to the participation
of homeless children in
Head Start.

Head Start Materials and Current law does not Regulations require Head (Sec. 5) (Sec. 6)
Curricula prescribe Head Start Start curricula to be Adds language to current Same as House bill.
materials or curricula. (See consistent with the Head law, stating that all
regulations.) Start Performance curricula and instructional
Standards and based on materials funded with Head
sound child development Start dollars must be
principles about how scientifically-based and age
children grow and learn. and developmentally
Grantees and delegate appropriate, and parents
agencies are to implement have the right to inspect
curricula in collaboration them.
with parents.
CRS-24

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 641 DESIGNATION OF HEAD START AGENCIES

Eligible Designees The Secretary may (Sec. 6) (Sec. 7)
designate "local public or Clarifies that public or Clarifies that public or private
private nonprofit or for- private nonprofit or for- nonprofit or for-profit agencies
profit agencies" as a Head profit agencies includes includes community-based
Start agency. community-based or faith- organizations.
based organizations.

Designation of Head Start The Secretary is authorized Under 45 CFR 1302.10, the (Sec. 6) (Sec.7)
Agencies to designate as a Head Start basis for selection of The House bill amends Sec. The Senate bill amends Sec.
agency any agency that he applicants proposing to 641 by requiring the 641 by elaborating on current
determines to be capable of operate a Head Start Secretary to develop (using law in terms of the
planning, conducting, program is the extent to recommendations of an requirements for being
administering, and which the applicants appointed expert panel) an designated as a Head Start
evaluating a Head Start demonstrate in their application review system agency. Unlike the House bill,
program. application the most to be used when making The Senate version does not
effective Head Start decisions regarding Head establish an application review
program. Other criteria for Start agency designations. system. In amending Sec. 641
selection include cost of current law, The Senate bill
effectiveness of the Once finalized, the lays out the requirements for
proposed program; the Secretary will use the establishing a governing body,
qualifications and system to determine which both its composition and
experience of the applicant grantees are successfully responsibilities, and likewise
in planning, organizing, and delivering a high quality for policy councils.
providing comprehensive comprehensive early (For a comparison of the
services at the community education program. governing bodies and functions
level; administrative and included in both versions of
fiscal capabilities; intent Grantees determined to be H.R. 1429, refer to the "Sec.
and capability to adhere to successful under the new 642" portion of this table.
performance standards; review system shall be
appropriate facilities; and designated Head Start
the need for Head Start agencies for a period of five
services in the community. years; under-performing
grantees may enter into an
open competition.
CRS-25

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Application Review System (Sec. 6) No provision.
The Secretary shall develop
a system that integrates the
recommendations of the
expert panel (see below), to
determine if a Head Start
agency is providing a
quality comprehensive early
learning program that meets
the educational, health, and
nutritional needs of the
children and families it
serves, and meets program
and financial management
requirements and
performance standards
(based on annual budget
data, program reviews,
annual audits, classroom
quality, and the Program
Information report).

Composition of Expert Panel (Sec. 6) No provision.
The expert panel, convened
and appointed by the
Secretary, is to include 5
members. The group is to
reflect competency in early
childhood program
accreditation or quality
assessment; research on
early childhood
development; governance
and finance of nonprofit
organizations; delivery of
services to children and
families with limited
CRS-26

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

English proficiency, and to
children with disabilities.

Report from Expert Panel (Sec. 6) No provision.
Within 12 months of being
convened, the expert panel
is to issue a report to the
Secretary, providing
recommendations on a
proposed system of
application review for
evaluating whether a Head
Start grantee is providing a
high quality comprehensive
early education program,
including adequately
meeting its governance and
financial management
requirements.

Public Comment on (Sec. 6) No provision.
Proposed Review System No later than six months
after receiving the report,
the Secretary shall publish a
proposed system of
application review in the
Federal Register, allowing
at least 90 days for public
comment. The Secretary
shall also provide a report
to Congress that includes a
detailed description of the
system, including
explanation of any
differences between the
system proposed and the
recommendations that
CRS-27

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

emerged from the expert
panel.

Considerations in Under current law, priority 45 CFR 1302.12, gives (Sec. 6) (Sec. 7)
Designation (and is given to any agency priority to previously In selecting from among Similar to the House bill, it
Redesignation) already receiving Head selected Head Start qualified applicants for gives priority to any Head Start
Start funds, unless the agencies (in consideration designation, the bill adds to or delegate agency that is "high
Secretary determines that with designation currents law's list of things performing," defined as
there are any Head Start requirements discussed to consider, including: meeting a list of criteria
requirements or standards earlier). - the applicant's plan to provided in the bill (5 elements
that are not being met. attract and retain qualified -- less specific than those in
(Grantees do not have to staff capable of delivering a the House bill, but comparable
recompete for funds.) high quality comprehensive in content).
early education program;
- the applicant's ability to
maintain child-teacher
ratios and family service
worker caseloads that
reflect best practices and are
tied to high quality service
delivery;
- the applicant's capacity to
serve eligible children with
curriculum and teaching
practices that are based on
scientifically-based
research, are
developmentally
appropriate, and that
promote school readiness.

Adds language specifying
that faith-based and
community-based
organizations continue to be
eligible, on the same basis
as other organizations, to
CRS-28

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

participate in any Head
Start or Early Head Start
program for which they are
otherwise eligible.
(House floor amendment)

Designation When No Entity If no entity has priority, the See discussion of 45 CFR (Sec. 6) (Sec. 7)
Has Priority Secretary may designate a 1302.10 above. Adds language clarifying Like the House bill, the
Head Start agency from that the Secretary's Secretary's designation must
among qualified applicants, designation must follow an be preceded by an open
giving priority to any open competition, and the competition.
qualified agency that designation may apply for a
functioned as a Head Start five-year period. (The open
delegate agency in the competition follows the
community and carried out same factors considered for
a Head Start program any designation.)
deemed by the Secretary to
have met or exceeded
performance standards. In
selecting from among
qualified applicants, the
Secretary takes into
consideration a variety of
factors, outlined in the law.

Priority to Nonprofit Nonprofit agencies may be (Sec. 6) (Sec. 7)
Agencies in Cases of Equal given priority over for- Strikes current law; Strikes current law making any
Quality Applicants profit agencies in cases nonprofits would no longer distinction between nonprofit
where the Secretary be granted priority in equal and for-profit agencies, and
determines the applicants to cases. replaces with language giving
be of equivalent quality. priority to applicants "that have
demonstrated capacity in
providing effective,
comprehensive, and well-
coordinated early childhood
services to children and their
families."
CRS-29

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 641A. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS

Education Performance Under current law, the Education and Early (Sec. 7) (Sec. 8)
Standards Secretary is required to Childhood Development Replaces current law, listing Replaces current law with
establish, by regulation, Standards are found in 45 requirements that the almost identical list of
education performance CFR 1304.21. scientifically-based education standards as House
standards that are to ensure education standards (based bill, but with the condition that
that children in Head Start on the Head Start Child the standards be based on
programs at a minimum: Outcomes Framework) at a recommendations of the
minimum develop and National Academy of Sciences
demonstrate: (NAS) panel.

Develop phonemic, print, Knowledge and skills in Comparable to House bill.
and numeracy awareness; language, pre-reading, pre-
understand and use mathematics, science;
language to communicate creative arts; cognitive
for various purposes; abilities related to academic
understand and use achievement; social and
increasingly complex and emotional development
varied vocabulary; develop related to early learning and
and demonstrate an school success, and
appreciation of books; and sustained academic gains;
in the case of non-English and for limited English
background children, proficient children ,
progress toward English progress toward learning
language acquisition. English while making
meaningful progress in the
other listed knowledge and
skill areas.

Standards for Condition and The Secretary is to establish Detailed regulations No change to current law (Sec. 8)
Location of Head Start by regulation standards regarding Head Start Expands on current law
Facilities relating to the condition and facilities, materials, and language to state that the
location of facilities for equipment are found in 45 standards require Head Start
Head Start agencies, CFR 1304.53. (and Early Head Start) facilities
programs and projects. be in compliance with state and
local licensing requirements
CRS-30

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

and be accessible by state and
local authorities for monitoring
and ensuring compliance.

Considerations in In developing the standards, (Sec. 7) (Sec. 8)
Developing Standards one of the things the Same as current law, with Amends current law in similar
Secretary is to take into additional consideration to ways as House bill, but rather
consideration is "past be paid to: than taking into consideration
experience with use of the - the unique challenges the past experience with
standards in effect" on faced by individual standards in effect on the date
October 27, 1998. programs, including those of the act's last reauthorization
programs that are seasonal (October 27, 1998), this bill
or short term and those would take into consideration
programs that serve rural those experiences with
populations; standards in effect on the date
- the recommendations from of its enactment.
the report on
Developmental Outcomes
and Assessments for Young
Children by the National
Academy of Sciences
(when available); and
- mechanisms to ensure that
Head Start children make a
successful transition to the
schools they will be
attending.
CRS-31

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Also, adds requirement that in
developing regulations
regarding standards, the
Secretary would consult with
Indian tribes, American Indian
and Alaska Native experts in
early childhood development,
linguists and the National
Indian Head Start Directors
Association.

Measures The Secretary, in (Sec. 7) (Sec. 8)
consultation with The Secretary, in No change to this specific
representatives of Head consultation with provision of law, however, the
Start agencies and with representatives of Head "characteristics of measures"
experts in the fields of early Start agencies and with section (see below) conveys
childhood education and experts in the fields of early similar emphasis to House bill
development, family childhood education and regarding scientifically-based
services, and program development, shall use the measures.
management, shall develop study on Developmental
methods and procedures for Outcomes and Assessments
measuring, annually and for Young Children by the
over longer periods, the National Academy of
quality and effectiveness of Sciences to provide
programs operated by Head guidance to Head Start
Start agencies, and the agencies for utilizing
impact of the services scientifically-based
provided through the measures that support
programs to children and classroom instructional
their families. practices, identification of
special needs, and program
evaluation.

Characteristics of Measures The performance measures (Sec. 7) (Sec. 8)
shall Expands on current law, Like the House bill, adds that
- be used to assess the listing seven characteristics. the performance measures
impact of the various Head The measures shall: -be appropriate for the
CRS-32

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Start services - be developmentally, population served;
- be adaptable for use in linguistically, and culturally -be reviewed at least every four
self-assessment, peer appropriate for the years, based on advances in the
review, and program population served; science of early childhood
evaluation, and - be reviewed at least every development.
be developed for other four years, based on
program purposes as advances in the science of The bill also calls for the
determined by the early childhood performance measures to
Secretary. (The development; measure characteristics that are
performance measures are - be consistent with relevant strongly predictive (as
to include the educational professional and technical determined on a scientific
performance standards.) standards related to the basis) of a child's school
assessment of children; readiness and later
- be valid and reliable (in all performance in school.
languages used);
- be administered by staff
with appropriate training for
such administration;
- provide appropriate
accommodations for
children with disabilities
and children with limited
English proficiency; and
- be high-quality research-
based measures that have
been demonstrated to assist
with the purposes for which
they were devised.

Use of Measures The Secretary shall use the (Sec. 7) (Sec. 8)
performance measures to Elaborates on current law, Elaborates on current law to
identify strengths and adding that measures are to state that performance
weaknesses in programs be used to promote the measures be used to enable
and to identify problem skills, knowledge, and Head Start agencies to
areas that may require competencies of Head Start individualize programs of
additional training and children; to improve instruction to better meet the
CRS-33

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

technical assistance classroom practices; and to needs of the child involved.
resources. identify special needs.

Evaluations and Corrective
Actions for Delegate
Agencies (Sec. 7) (Sec. 8)

Procedures No provision. 45 CFR 1303.20 specifies The Head Start agency is to Same as House bill.
procedures for appeals by establish procedures for
current or prospective evaluating and defunding
delegate agencies to delegate agencies and for
grantees regarding rejection appealing a defunding
of an application, failure to decision related to a
act on an application or delegate.
termination of a grant or
contract.

Evaluations No provision. 45 CFR 1304.51(i)(2) states Each Head Start agency is Same as House bill.
that grantees must establish to evaluate its delegate
and implement procedures agencies using the
for the ongoing monitoring established procedures
of their own Early Head (referred to above), and is
Start and Head Start to inform the delegates of
operations, as well as those any deficiencies identified
of each of their delegate that shall be corrected.
agencies, to ensure that
these operations effectively
implement federal
regulations.

Remedies to Ensure No provision. 45 CFR 1304.51(i)(3) states If the evaluation reveals a Similar to House bill, with
Corrective Action that grantees must inform deficiency for a delegate additional provision allowing
delegate agency governing agency, the Head Start Head Start agency to release
bodies of any deficiencies agency may initiate funds to the delegate only as
in delegate agency procedures for the reimbursements until either
operations identified in the delegate's termination; corrections are made or
CRS-34

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

monitoring review and must conduct monthly defunding occurs.
help them develop plans, monitoring visits until
including timetables, for corrections are made or the
addressing identified delegate is defunded.
problems.

Termination No provision. (See 45 CFR 1303.20(c) states No comparable language to The Head Start agency may not
regulations.) that a grantee must notify a Senate bill. terminate a delegate's contract
delegate agency in writing or reduce a delegate's service
of its decision to terminate area without showing cause or
its agreement with the demonstrating the cost-
delegate agency, explaining effectiveness of such a
the reasons for its decision decision.
and that the delegate agency
has the right to appeal the
decision to the grantee
within 10 work days after
receipt of the notice.

Use of National Reporting The Secretary shall use the (Sec. 7) (Sec. 20)
System (NRS) performance measures The Secretary shall suspend Same as House bill.
developed in accordance implementation and
with the act to identify terminate further
programs' strengths and development and use of the
weaknesses and to identify NRS, and incorporate, as
problem areas that may appropriate,
require additional training recommendations from the
and technical assistance National Academy of
resources. (There is no Sciences into any
specific reference to the assessment used in the Head
"National Reporting Start programs.
System" in current law.)

(The National Reporting The Secretary is not to use
System was implemented in assessment results either as
fall 2003, and is designed to the primary method for
assess Head Start 4- and 5- either assessing program
CRS-35

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

year olds twice a year on effectiveness or making
educational performance grantee funding
measures -- using determinations.
indicators that were
included in legislation as
part of the 1998
reauthorization of Head
Start (P.L. 105-285, Section
108(b)(5).))

Monitoring of Local Current law requires the (Sec. 7) No change to current law.
Agencies and Programs Secretary to conduct Would require the Secretary
reviews of designated Head to "develop and utilize a
Start agencies and risk-based assessment
programs. system" for conducting the
reviews already required in
law.

Procedures for Monitoring Current law calls for a full (Sec. 7) (Sec. 8)
review of each Head Start Retains call for full review Makes changes similar to
agency at least once every at least every three years, House bill, although allows
three years, with newly with newly designated only six months for follow-up
designated agencies being agencies being reviewed visits.
reviewed immediately after after first year of operation.
first year, and follow-up Amends current law to call
reviews including prompt for unannounced follow-up
return visits to agencies and reviews of programs with
programs that fail to meet one or more findings of
the standards. Other deficiencies, not later than
reviews may be conducted 12 months after the date of
as appropriate. the finding(s). The bill also
would allow for
unannounced site
inspections of Head Start
centers, as appropriate.
CRS-36

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Conduct of Reviews The Secretary is to ensure (Sec. 7) (Sec. 8)
that reviews are performed, Eliminates current law Strikes current law requirement
to the maximum extent language requiring reviews that reviews be supervised by
practicable, by HHS to be performed by and an HHS employee, but retains
employees who are supervised by HHS current law requirement that
knowledgeable about Head employees. Requires the reviews be performed, to
Start programs, and are review teams to be the maximum extent
supervised by such an knowledgeable about the practicable, by HHS
employee at the review site. program areas they are employees. And, like the
reviewing, and, to the House bill, this bill elaborates
maximum extent on the backgrounds of review
practicable, to include team members, calling for
current or former HHS them, to the extent
employees. To the practicable,to be
maximum extent knowledgeable about needs of
practicable, teams are also children who are homeless, in
to include individuals foster care, or of limited
knowledgeable about the English proficiency. It also
needs of LEP children and calls for them to be
families. knowledgeable in areas of
personnel management,
financial accountability, and
systems development and
monitoring.

Content of Reviews Under current law, a portion (Sec. 7) (Sec. 8)
of the review includes Lists additional elements to Comparable to House bill, with
seeking information from be included as part of a additional provisions calling
the communities and states review and specifies in for reviews to include data
involved about the greater detail how the from the results of periodic
performance of the review is to be conducted. child assessments, and a review
programs and efforts of and assessment of child
Head Start agencies to outcomes and performance as
collaborate with other they relate to state, local, and
entities carrying out early agency-determined school
childhood education and readiness goals. It also calls
care programs. for a review and assessment of
CRS-37

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

whether programs have
adequately addressed the needs
of children with disabilities.

Use of Review Findings No provision (Sec. 7) No provision.
The findings of the review
are to, at a minimum,
- be presented to an agency
in a timely, transparent, and
uniform manner that
conveys information of
program strengths and
weaknesses and assists with
program improvement; and
- be used by the Head Start
agencies to inform the
development and
implementation of their
plan for training and
technical assistance.

Training for Reviewers No provision. No provision. (Sec. 8)
Using quality improvement
funds, the Secretary shall
provide periodic training for
supervisors and members of
review teams in areas such as
program management and
financial audit performance.

Quality and Consistency of No provision. (Sec. 7) (Sec. 8)
Reviews The Secretary shall ensure Comparable to House bill, but
that reviews are conducted making specific reference to
in a manner that evaluates the use of "periodic inter-rater
program performance, reliability checks" for ensuring
quality and overall the quality and consistency
operations with consistency (across and within regions) of
CRS-38

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

and objectivity, and based the Program Review
on a transparent and reliable Instrument for Systems
system of review. Monitoring (PRISM) reviews,
and of noncompliance and
deficiency determinations.

Agency Responsibility with Current law deals only with (Sec. 7) Retains current law. No
Respect to Approving a agencies submitting quality A sponsoring Head Start provision pertaining to role of
Program's Quality improvement plans to the agency would have 30 days the sponsoring agency in
Improvement Plan Secretary, not Head Start after receiving a quality approving a program's quality
programs submitting plans improvement plan from a improvement plan.
to their sponsoring Head Start program to
agencies. either approve the plan or
specify reasons why the
plan cannot be approved.

Self-Assessments No provision. 45 CFR 1304.51 states that (Sec. 7) (Sec. 8)
at least once each program At least once each program Same as House bill.
year, with the consultation year, with the consultation
and participation of the and participation of policy
policy groups and, as councils (and others as
appropriate, other applicable), each Head Start
community members, agency and each delegate
grantee and delegate agency shall conduct a
agencies must conduct a comprehensive self-
self-assessment of their assessment of its
effectiveness and progress effectiveness and progress
in meeting program goals in meeting program goals
and objectives and in and objectives and in
implementing federal implementing and
regulations. complying with
performance standards.

Use of "Enrollment" Terms No provision. Defines "funded Defines "actual enrollment" (Sec. 8)
enrollment" as the number as the number of children Same as House bill.
of children which the Head enrolled in a Head Start
Start grantee is to serve, as program in a given month.
CRS-39

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

indicated on the grant "Funded enrollment" is the
award. number of children an
agency is funded to serve,
as indicated in their grant
agreement.

Enrollment Reporting No provision. Program enrollment reports (Sec. 7) (Sec. 8)
Requirement are examples of official Head Start agencies are to Same as House bill with
reports required by report (to the Secretary) on respect to reporting of actual
regulation to be generated a regular basis: enrollment, although The
for federal, state, and local - the actual enrollment, and, Senate bill specifies that the
authorities. if the actual enrollment is report is to be submitted on a
less than the funded monthly basis.
enrollment, any apparent
reason for the shortfall. There is no comparable
language with respect to
The Secretary shall provide providing appropriate and
appropriate and timely timely training and technical
training and technical assistance.
assistance to increase actual
enrollment, as appropriate.

Reduction of Grants (And No provision. There is no discussion in (Sec. 7) (Sec. 8)
Redistribution of Funds) in the regulations of penalties No specific provision The Secretary is to determine
Cases of Under-Enrollment for under-enrollment, only regarding reduction of (on a semi-annual basis) which
the statement (45 CFR grants in case of under- Head Start agencies are
1305.7) that "A Head Start enrollment. operating with an actual
grantee must maintain its enrollment less than the funded
funded enrollment level. enrollment (based on at least
When a program determines the average of four consecutive
that a vacancy exists, no months of data). If actual
more than 30 calendar days enrollment is less than 95% of
may elapse before the funded enrollment, a plan and
vacancy is filled. A timetable for reducing or
program may elect not to eliminating under-enrollment is
fill a vacancy when 60 days to be developed and
implemented.
CRS-40

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

or less remain in the
program's enrollment year."

Secretarial Action for No provision. No provision. (Sec. 8)
Continued Under-enrollment If, after receiving technical
assistance and implementing an
improvement plan for nine
months, a Head Start agency's
enrollment is still less than
95% of its funded enrollment,
the Secretary may designate the
agency as chronically under-
enrolled; and recapture,
withhold, or reduce the based
grant for the program by a
percentage equal to the
percentage difference between
funded enrollment and actual
enrollment of the program for
the most recent year.

Redistribution of Recaptured No provision. (Sec. 7) (Sec. 8)
Funds Funds recaptured, withheld, Comparable to House bill,
or reduced from grantees without the prioritized
are to be redistributed to designated percentages.
other grantees. Any funds
taken from Indian Head
Start programs are to be
redistributed to one or more
Indian Head Start programs
to increase enrollment. The
same holds true for Migrant
and Seasonal Head Start. In
cases of all other Head Start
programs, funds are
redistributed to one or more
other grantees within the
CRS-41

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

state, and not less than 50%
of the funds shall be
prioritized to increase the
program participation of
children and families served
in Early Head Start. Not
less than 25% shall be
prioritized to increase
program participation of
underserved populations of
eligible children.

Contract with Nonprofit No provision. No provision. (Sec. 8)
Intermediary Organization The Secretary or a Head Start
agency may use technical
assistance funds to contract
with a nonprofit intermediary
organization that provides
evaluations and technical
assistance to improve overall
performance management.

NEWLY PROPOSED: SEC. 641B CENTERS OF EXCELLENCE IN EARLY CHILDHOOD

Establishing Centers of No provision. No provision. (Sec. 9)
Excellence (CoE) in Early Introduces new section to law
Childhood Program -- Sec. 641B. Subject to
availability of funds, the
Secretary will establish a
program under which he
designates up to 200 exemplary
Head Start agencies (with at
least one from each of the 50
states, DC, and Puerto Rico, as
well as one Indian, Migrant,
and Seasonal Head Start
program), which (pending
CRS-42

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

appropriation of funds) will
receive bonus grants of at least
$200,000 per year.

Application for and To be eligible for designation
Designation of CoEs as a CoE, a Head Start agency
must be nominated by the
Governor of its state, at which
point the agency submits an
application to the Secretary
(except for Indian, Migrant, or
Seasonal Head Start programs,
which are nominated by a
regional HHS official).

Content of Application The application requirements
are outlined in the bill. The
required items include (but are
not limited to): evidence that
the applying agency's Head
Start program has significantly
improved the school readiness
of and academic outcomes for
participating children; evidence
of no program deficiencies;
and demonstration of
collaborative partnerships with
the state and other early care
and education providers.

Designation period The Secretary shall designate
CoEs for five year terms (but
retains the authority to revoke
the designation if an agency is
found deficient during the
period).
CRS-43

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Use of funds Bonus grant funds may be used
for a variety of purposes,
aimed at expanding quality
services to additional eligible
children, modeling and
disseminating best practices,
furthering coordination with
other early childhood care and
education providers, expanding
staff training, and developing
partnerships with institutions of
higher education, and nonprofit
and community organizations.

Research and Reports on Subject to availability of funds,
CoEs the Secretary will make a grant
to an independent organization
to conduct research on CoEs,
resulting in a report to be
submitted to Congress no later
than four years after enactment
of this bill.

Authorization of funds For each of FY2008-FY2012,
for CoE program the bill authorizes
$90 million for bonus grants to
Centers of Excellence;
$500,000 for Secretary's
administrative costs, including
cost of a conference of CoEs;
and $2 million for the research
and report activity described
above.
CRS-44

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES

Program Governance Current law emphasizes Regulations found in 45 (Sec.8) (Sec. 7)
shared governance and CFR 1304.50 relate to all (amends Sec. 642) (amends Sec. 641)
parent involvement, but program governance, The Head Start agency must As a condition of being
does not include the including how shared establish and maintain a designated as a Head Start
specifics that are found in governance is to operate. formal structure of shared agency, the entity must have a
regulations. The governing body is governance through which governing body with legal and
defined as the group with an independent governing fiscal responsibility, and that
legal and fiscal body with legal and fiscal fully participates in the
responsibility for responsibility for development, planning,
administering a Head Start administering and implementation, and evaluation
program. overseeing programs, and a of the programs, to ensure high
parent policy council and quality. The bill outlines the
parent policy committee, as required composition of the
appropriate, ensure that the governing body, guards against
agency operates a high any conflict of interest in its
quality Head Start program. composition, and outlines the
responsibilities of the body.
The governing body is to
receive regular information
about program planning,
policies, and operations,
including monthly financial
statements. It is to consult with
the policy council. (See below)

Composition of Governing No provision. Regulations do not specify (Sec. 8) (Sec. 7)
Body the composition of the The governing body is to Comparable provisions to
governing body in detail as include: House bill. Same composition
proposed in the House and -At least one member with requirements as in the House
Senate bills. Regulations significant financial version, although this bill states
do state that the governing management or accounting that the additional members
body and the Policy experience; (after the first three categories)
Council or Policy -At least one member with shall reflect the community to
Committee must not have background and expertise in be served, and include parents
identical memberships and early childhood of children who are currently
CRS-45

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

functions. (Policy Councils development; or were formerly enrolled in
are established at the - At least one licensed Head Start programs.
grantee level, and Policy attorney familiar with issues
Committees are established that come before the
for programs administered governing body;
in whole or in part by -Additional members
delegate agencies.) selected for their expertise
(1304.50(a)(5)) in education, business
administration, and
community affairs. (The
governing body may make
use of consultants if
necessary.)
The bill contains provisions
to guard against conflict of
interest in the body's
composition.

Responsibilities of No specific provision. See Grantee and delegate (Sec. 8) The governing (Sec. 7) Similar to House bill,
Governing Body regulations. agencies must have written body is responsible for: with differing levels of detail
policies that define the roles -adopting practices that within categories of
and responsibilities of the assure active, independent responsibility.
governing body members and informed governance; The governing body is
and that inform them of the -oversight to ensure responsible for:
management procedures compliance with applicable -the selection of delegate
and functions necessary to standards; agencies and such agencies'
implement a high quality -establishing an audit and service areas;
program. Regulations finance committee that -establishing procedures and
include 1304.50 appendix would take primary criteria for recruitment,
A, a detailed chart of responsibility for approving selection, and enrollment;
governance responsibilities the annual budget, and - all funding applications and
for governing bodies, policy making recommendations amendments to funding
councils, and policy to the governing body applications;
committees. regarding audit-related -establishing procedures and
issues; guidelines to access required
- approving all major information from programs;
policies and financial -review and approval of annual
CRS-46

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

expenditures of the agency, self-assessment, financial audit,
-approving the selection or monitoring reviews of agency
dismissal of the Head Start or delegates;
Director; -developing procedures for
- approving or disapproving how members of the Policy
all policies, applications, Council are selected;
and decisions of the Policy -financial audits, accounting,
Council; and reporting;
- overseeing program -personnel policies and
planning (long- and short- procedures regarding hiring,
term) of the Head Start termination, salary scales and
agency and its applications salaries of the Executive
to receive Head Start funds; Director, Head Start Director,
and Director of Human Resources,
- establishing written the Chief Financial Officer and
standards and procedures any equivalent position;
for disclosing, addressing -review and approval of the
and resolving conflicts of community assessment and its
interest. updates.

Composition of Policy The composition and duties Policy Councils must be (Sec. 8) (Sec. 7)
Council of Head Start Policy established as part of the The composition of the Similar to House bill, except
Councils are specified in Head Start's shared Policy Councils would does not contain any term
regulations, not current law. governance model, and resemble those under limitations.
each council is to be made current regulations, i.e. a
up of at least 51 percent majority of the council's
Head Start parents representatives are to be
(1304.50(a) and (b)). parents of current Head
Start children, or children
Policy Councils and Policy who were enrolled in the
Committees must limit the previous year.
number of one-year terms The term of a Policy
any individual may serve on Council member shall be no
either body to a combined more than two years and no
total of 3 terms. Policy Council member
(1304.50(b)(5)) shall serve longer than six
years.
CRS-47

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Responsibilities of Policy No specific provision. See Policy Councils must work (Sec. 8) (Sec. 7)
Council regulations. in partnership with key The Policy Council is to The Policy Council shall be
management staff and the approve and submit to the responsible for:
governing body to develop, governing body decisions -program planning (short- and
review, and approve or regarding: long-term);
disapprove the following - The strategic direction of -program recruitment,
policies and procedures, the program (short- and selection, and enrollment
including: long-term); priorities;
- all funding applications to - Selection of delegate -budget planning for program
HHS; agencies and their service expenditures;
-procedures describing how areas; -program operations, including
the governing body and the - Recruitment, selection and implementation of standards of
appropriate policy group enrollment priorities; conduct for program staff,
will implement shared - Funding applications and contractors, and volunteers and
decision-making; amendments to funding criteria for the employment and
-the program's philosophy applications prior to dismissal of program staff; and
and goals; submission; -activities to support the active
-the selection of delegate - Budget planning for involvement of parents in
agencies; program expenditures; supporting program operations.
-program personnel - Bylaws for the operation
policies; of the Policy Council,
-decision to hire or including procedures by
terminate the director or which Policy Council
any person who works members are chosen;
primarily for the Head Start - Program personnel
program. policies;
(1304.50(d)) - Decisions regarding
employment of Head Start
staff other than the director
and executive director;
- Activities to support the
involvement of parents; and
- Program responsiveness to
community and parent
needs.
CRS-48

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Impasse Policy No specific provision. See Each grantee and delegate (Sec. 8) (Sec. 7)
regulations. agency and Policy Council The Secretary is to develop The governing body and the
or Policy Committee jointly policies and procedures Policy Council shall share with
must establish written describing how Head Start each other regular and accurate
procedures for resolving agencies will implement information for use by both
internal disputes, including shared decision-making, entities about program
impasse procedures, including a process for planning, policies, and
between the governing resolving any impasse operations. The Policy
body and policy group. between the governing Council, with the governing
(1304.50(h)) body and Policy Council. body, shall establish processes
to resolve internal disputes.

Parental Involvement Current law calls for Head Regulations address parent (Sec. 8) (Sec. 7)
Start plans to: involvement in Head Start. Adds language to promote Same as House bill, but
-seek the involvement of In addition to involving the continued involvement without specific reference to
parents of participating parents in program policy- of Head Start parents grandparents and kinship
children in activities making and operations, (including grandparents caregivers.
designed to help them grantee and delegate and kinship caregivers, as
become full partners in the agencies must provide appropriate) in the
education of their children; parent involvement and education of their children
and education activities that are upon transition to school,
-to afford such parents the responsive to the ongoing by working with the Local
opportunity to participate in and expressed needs of the Education Agency.
the development, conduct, parents.
and overall performance of (1304.40)
the program at the local
level.

Evaluating Effectiveness of The Secretary, in No change to current law. (Sec. 10)
Transition Projects cooperation with the Strikes current law.
Secretary of Education,
shall evaluate the
effectiveness of Head Start
transition projects;
disseminate to Head Start
agencies information on
effective policies and
CRS-49

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

activities relating to
transition from Head Start
to public schools; and
provide technical assistance
to help agencies adopt and
implement such policies.

Implementing Research- No provision. (Sec. 8) Earlier in bill (Sec. 6), adds
Based Early Childhood Adds language to current related language to current law,
Curricula law, requiring Head Start stating that all curricula and
agencies to implement instructional materials funded
research-based early with Head Start dollars must be
childhood curricula that scientifically-based and age
promote young children's appropriate.
school readiness in the areas
of language and cognitive
development, early reading
and premathematics skills,
socio-emotional and
physical development, and
approaches to learning.

Use of Research-Based No provision. (Sec. 8) No comparable amendment to
Assessment Methods Adds language to current the law; however, in provision
law, requiring Head Start pertaining to the proposed
agencies to use ongoing, National Academy of Sciences
research-based assessment panel, one of the areas in which
methods that are the panel of experts is tasked
developmentally with providing
appropriate, culturally and recommendations is
linguistically responsive, "appropriate assessments of
and tied to children's daily young children."
activities. Furthermore, for
the purpose of meeting the
performance standards,
Head Start agencies are to
CRS-50

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

use high quality research-
based developmental
screening tools,
demonstrated to be
standardized, reliable, valid
and accurate for children
from a range of racial,
ethnic, linguistic, and
cultural backgrounds.

Funded Enrollment and No provision. 45 CFR 1305.6 states that (Sec. 8) (Sec. 10)
Waiting List each Head Start program Adds language calling for Same as House bill.
must maintain a waiting list each Head Start agency to
during the year. enroll 100% of its funded
With respect to funded enrollment and to maintain
enrollment, 45 CFR 1305.7 an active waiting list at all
states: "A Head Start times.
grantee must maintain its
funded enrollment level.
When a program determines
that a vacancy exists, no
more than 30 calendar days
may elapse before the
vacancy is filled. A
program may elect not to
fill a vacancy when 60 days
or less remain in the
program's enrollment year."

Technical Assistance and No provision. (Sec. 8) (Sec. 10)
Training Plan Adds a requirement that in Same as House bill.
order to receive Head Start
funds, an agency must
develop an annual technical
assistance and training plan.
The plan is to be based on
the self-assessment, the
CRS-51

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

community needs
assessment, the needs of
parents and children to be
served, and the results of
reviews.

Financial Management No specific provision. Grantee and delegate (Sec. 8) The Senate bill does not
agencies must ensure that Requires Head Start include this specific provision,
appropriate internal controls agencies to document but does place added focus on
are established and strong fiscal controls, fiscal accountability (e.g.,
implemented to safeguard including the employment emphasis on members of
federal funds. of well-qualified fiscal staff governing body having
(1304.50(g)(2)) with a history of successful knowledge and expertise in
management of a public or fiscal matters).
private organization.

SEC. 642A. HEAD START TRANSITION Both bills propose to expand heading to "Head Start Transition
and Alignment with K-12 Education"

Steps for Coordinating Head Current law states that each (Sec. 9) (Sec. 11)
Start with LEA and Head Start agency shall take Adds five additional steps Same as House bill.
Elementary Schools steps to coordinate with the that Head Start agencies are
LEA serving the to take:
community and with - developing continuity of
schools in which Head developmentally
Start children will later appropriate curricula
enroll. The law lists seven between Head Start
steps. programs and LEAs;
- helping parents to
understand the importance
of their involvement in
children's academic success
as they transition to
elementary school;
- implementing a system to
increase program
participation of underserved
CRS-52

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

populations of eligible
children;
- coordinating and
collaborating to ensure that
Head Start curricula are
aligned with the Head Start
Child Outcomes Framework
and state early learning
standards with regard to
cognitive, social, emotional,
and physical competencies
expected of children
entering kindergarten; and
- helping parents of children
with limited English
proficiency understand the
method of instruction.

NEWLY PROPOSED SEC. 642B. LOCAL AND STATE INTEGRATION OF EARLY CHILDHOOD EDUCATION

Local Integration (Sec. 10) the Senate bill does not
This newly proposed propose a comparable section,
section of law calls for however the purposes outlined
Head Start agencies to enter in the House bill's newly
into partnerships with local proposed section resemble
educational agencies many discussed earlier (in both
(LEAs), state-funded House and Senate bills) in the
preschool programs. context of collaboration grants.

Memoranda of (Sec. 10) No provision.
Understanding (MOU) Each Head Start agency is
to enter into a memorandum
of understanding (MOU)
with local entities, the
purpose of which is to map
out plans to coordinate the
following: educational
CRS-53

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

activities; curricula; public
information dissemination;
selection priorities for
children to be served by
programs; service delivery
areas; staff training;
technical assistance;
provision of additional
services to meet needs of
working parents; parent
education for smooth
transitions to kindergarten;
and use of facilities and
transportation. MOUs are
to be submitted to, and
reviewed by the Secretary.

Reasons for Failing to Enter (Sec. 10) No provision.
into MOU If a Head Start agency fails
to enter into a MOU, the
Secretary (in cooperation
with the State Early
Learning Council (SELC)
and state Director of Head
Start Collaboration) will
determine the reason as one
of the following: (1) the
LEA, local council, or other
entity is unable or unwilling
to enter into a MOU despite
reasonable efforts by the
Head Start agency; (2) the
absence of publicly funded
pre-K in the service area; or
(3) the agency has not
engaged in reasonable
efforts to establish a MOU.
CRS-54

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Consequences for Failing to (Sec. 10) No provision.
Enter into MOU If the Secretary determines
that failure is due to (3), the
Head Start agency will be
found to have a deficiency.
In cases of (1) or (2), the
Secretary and CEO of the
state are to work with the
State Early Learning
Council and the State
Director of Head Start
Collaboration to improve
coordination in the service
area.

Statewide Integration (Sec. 10) (See earlier discussion of
through Early Learning From training and technical collaboration grants, under Sec.
Collaboration Grants assistance funding 640.)
(included in the 13% set-
aside), the Secretary will
award an early learning
collaboration grant to each
state, for supporting a State
Early Learning Council
(SELC).

State Early Learning Council (Sec. 10) (Sec. 6)
(SELC)/State Advisory The SELC shall include the The Senate bill does not
Council (SAC) State Director of Head Start establish a SELC but does
Collaboration, provide for a comparable
representatives from state "State Advisory Council
preschool programs, "(SAC), which appears to
representatives of LEAs, serve a similar function, and
state officials overseeing requires representation by
child care programs, IDEA, comparable groups.
and the education agency,
representatives from Head
CRS-55

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Start agencies in the state,
representatives of local
child care programs or
organizations, and a
representative of the state
agency responsible for
health and mental health
care.

Purpose of SELC (Sec. 10) (Sec. 6)
SELC will be responsible The SAC appears to hold
for advancing the similar purposes to the SELC
development of coordinated described in the House version
early childhood services of H.R. 1429.
delivery system in the state. The Governor of a state shall
The SELC is to work with establish a council to serve as
state child care and early the State Advisory Council on
education agencies to collaboration on early care and
provide leadership and education activities for children
assistance to local Head from birth to school entry.
Start programs, school
districts, and state- and The SAC's responsibilities
locally funded preschool include (but are not limited to)
and child care programs, conducting statewide needs
through adoption of local assessments; fostering
MOUs (referred to above). collaboration and coordination
To aid coordination efforts, among early childhood care
the SELC is to conduct and education entities;
periodic statewide needs developing statewide
assessments concerning professional development for
early care and education early care and education in the
programs. state; assessing the availability
of high quality prekindergarten
services for low-income
children in the state.
CRS-56

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Funding for SELC (Sec. 10) (Sec. 6)
Allotted funds distributed to The Secretary shall use
a state are to cover no more collaboration funding to award,
than 50% of the cost of on a competitive basis, one-
carrying out the SELC time startup grants of at least
activities. $500,000 to eligible states to
enable them to pay for the
Federal funds made federal share (30%) of the cost
available for this purpose of further developing and
are to supplement, and not implementing the plans for
supplant other federal, state, which the State Advisory
and local funds that would Council is responsible.
ootherwise be spent.

SEC. 643. SUBMISSION OF PLANS TO GOVERNORS

Time Period for State Under current law, any No change to current law. (Sec. 12)
Governors' Approval of contract, agreement, grant The time period for approving
Plans or other assistance made for or disapproving a plan would
the purpose of carrying out be reduced from 45 days to 30
a Head Start program days.
within a state cannot be
made without a plan setting
forth the proposed contract,
agreement, grant, or other
assistance having been
submitted to and approved
by the Governor. The
Governor currently has 45
days to approve or
disapprove a plan.
CRS-57

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Applicability This section of law No change to current law. (Sec. 12)
currently does not apply to Amends current law to likewise
contracts, agreements, not apply this section to Indian,
grants, loans, or other Migrant, and Seasonal Head
assistance to any institution Start programs.
of higher education in
existence on the date of the
act's enactment.

SEC. 644. ADMINISTRATIVE REQUIREMENTS AND STANDARDS

Annual Report No provision. (Sec. 11) No provision.
Adds provision to current
law, requiring that each
Head Start agency make
available to the public an
annual report that includes
the total public and private
funds received and the
amount from each source;
an explanation of prior
year's budgetary
expenditures and proposed
budget for the next year; the
total number of children
and families served and the
percent of eligible children
served; the results of most
recent review and financial
audit; the percentage of
enrolled children that
received medical and dental
exams; information about
parent involvement
activities; and the agency's
efforts to prepare children
for kindergarten.
CRS-58

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Purchase of Facilities Under current law, Head Detailed regulations (Sec. 11) No provision.
Start funds may not be used regarding Head Start Adds to the list a
by a Head Start agency to Facilities purchase are requirement that the Head
purchase a facility unless a found in 45 CFR 1309. Start agency provide the
list of conditions (listed in Secretary with a description
law) are found to be met of the consultation
(by the Secretary). conducted by the Head Start
agency with other capable
providers in the community,
assessing the cost
effectiveness of
collaborating with those
other providers as opposed
to the cost effectiveness of
purchasing a facility.

SEC. 645. PARTICIPATION IN HEAD START PROGRAMS

Income Eligibility Current law states that all 45 CFR 1305.4 states that at (Sec. 12) (Sec. 14)
children from families with least 90% of the children Allows for expansion of Expands eligibility from the
income below the poverty who are enrolled in each eligibility up to 130% of the poverty line to 130% of the
line are eligible for Head Head Start program must be poverty guidelines, if poverty line, but requiring that
Start. from low income families application requirements for programs make efforts to serve
(i.e. below poverty), with doing so are met. No more families with incomes below
exception in the case of than 20% of children served the poverty line prior to serving
tribal programs, where at by a Head Start agency are other income-eligible children.
least 51% of the children to be above the poverty
served are to be from line.
families below the poverty
line.

Eligibility of Homeless No specific provision (Sec. 12) (Sec. 14)
Children applying to homeless Homeless children shall be Same as House bill.
children. deemed eligible for Head
Start services.
CRS-59

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Expansion of Services for (Sec. 12) (Sec. 14)
Infants and Toddlers If an agency submits (to the Comparable provision
Secretary) a written request requiring written application to
and application, it may be expand services to infants and
approved to use regular toddlers.
Head Start funds (as
opposed to Early Head Start
funds) to serve infants and
toddlers.

Military Pay and Allowances No provision. 45 CFR 1305.2 defines (Sec. 12) (Sec. 14)
Not Counted as Income income as "gross cash The amount of a basic Same as House bill, with
income and includes earned allowance provided on additional provision that any
income, military income behalf of an individual who special pay relating to duty
(including pay and is a member of the subject to hostile fire or
allowances), veterans uniformed services for imminent danger shall also not
benefits, Social Security housing shall not be be countable as income for
benefits, unemployment considered to be income for eligibility determination
compensation, and public purposes of Head Start purposes.
assistance benefits." income eligibility for
his/her child.

Part-Day Session No provision. No provision. (Sec. 14)
Participation Versus Full- After demonstrating a need
Day through a community needs
assessment, a Head Start
agency may apply to the
Secretary to convert part-day
sessions, particularly
consecutive part-day sessions,
into full-day session.
CRS-60

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND TODDLERS

Scope and Design of Current law outlines the (Sec. 13) (Sec. 15)
Programs scope of Early Head Start Expands Early Head Start Comparable language to House
Programs with a list of nine (EHS) program's scope to bill.
functions they are to serve. include:
-ensuring formal linkages
with the agency responsible
for administering the Child
Abuse Prevention and
Treatment Act;
-developing and
implementing a systematic
procedure for transitioning
children and parents from
an EHS program into a
Head Start program or
another local early
childhood education
program; and
-establishing channels of
communication between
staff of EHS programs and
staff of Head Start
programs or other local
early childhood education
programs.

Professional Development Training and technical (Sec. 13) (Sec. 15)
assistance funds may be Same as current law, adding Similar to House bill, with
used for (among other that funds may be used for amended language stating that
things) providing providing professional professional development
professional development development designed to activities should include
and personnel enhancement increase program teaching methods of
activities for the recruitment participation for conducting parent education,
and retention of qualified underserved populations of home visiting, and promoting
staff with an appropriate eligible children. quality early childhood
CRS-61

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

level of education and development.
experience.

EHS Training and Technical In order to ensure the (Sec. 13) No change to current law.
Assistance Account successful operation of Adds more specific
programs assisted under this language to current law
section, the Secretary shall regarding distribution of the
use training and technical T/TA funds, and requires
assistance funds to monitor that any EHS training and
the operation of programs, technical assistance
evaluate their effectiveness, contracts be made with
and provide training and entities that have
technical assistance tailored demonstrated expertise in
to the particular needs of supporting the delivery of
such programs. At least 5% high quality programs for
and no more than 10% of pregnant women and
EHS funding shall be children under age three.
reserved to fund a training (House floor amendment )
and technical assistance
account.

EHS Staff Qualifications (Sec. 13) (Sec. 15)

Center-based staff No specific provision. 45 CFR 130.52 states, By September 30, 2009, all By September 30, 2012, all
"Early Head Start and Head teachers providing direct teachers providing direct
Start staff working as services to children and services in EHS centers are to
teachers with infants and families participating in have a minimum of a CDA or
toddlers must obtain a Child EHS center programs are to an associate degree, and have
Development Associate have a minimum of a CDA been trained (or have
(CDA) credential for Infant credential, and have been equivalent course work) in
and Toddler Caregivers or trained (or have equivalent early childhood development.
an equivalent credential that course work) in early
addresses comparable childhood development.
competencies within one
year of the effective date of
the final rule or, thereafter,
within one year of hire as a
CRS-62

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

teacher of infants and
toddlers.

Home visitor staff No specific provision. 45 CFR 1304.52 states, The Secretary shall Same as House bill.
"Home visitors must have establish standards for
knowledge and experience training, qualifications, and
in child development and conduct of home visitor
early childhood education; staff in EHS (the content of
the principles of child which are outlined in the
health, safety, and nutrition; bill).
adult learning principles;
and family dynamics..."

NEWLY PROPOSED SEC. 645B (and 657A) PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES, INCLUDING NON-
EMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS

(Sec. 14) (Sec. 25)
Requires a Head Start Similar to House bill, although
agency to obtain written it does not use the broad term
consent of a child's parent of "health care services," and
before administering (or instead applies the consent
submitting referrals for) any requirement to any
health care service (defined "nonemergency intrusive
in the bill to include any physical examination" (as
nonemergency intrusive identically defined in the
physical examination and House bill). The difference is
any medical, dental, also reflected in the Sec. 657A
developmental, mental heading.
health, social or behavioral
screening).

SEC. 646. APPEALS, NOTICE, AND HEARING

Right to Full and Fair Under current law, the Appeal procedures are (Sec. 15) (Sec. 16)
Hearing in Cases of Funding Secretary is to prescribe detailed in 45 CFR 1303. Changes current law to say Amends current law to state
Termination and Reduction procedures to assure that that if financial assistance is that financial assistance may be
financial assistance under terminated or reduced, an terminated or reduced, and an
CRS-63

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

the Head Start program application for a application for refunding may
shall not be terminated or noncompeting continuation be denied, after the recipient
reduced, an application for award is denied based on a has been afforded reasonable
refunding shall not be previous failure to comply notice and opportunity for a
denied, and a suspension of with terms of the assistance, full and fair hearing, including
financial assistance shall or suspension of financial a right to file a notice of appeal
not be continued for longer assistance is continued for of a decision within 30 days of
than 30 days, unless the more than 30 days, there notice of the Secretary's
recipient has been afforded shall be the opportunity to decision, and access to a fair
reasonable notice and appeal the action. hearing of the appeal, not later
opportunity for a full and than 120 days from receipt by
fair hearing. the Secretary of the notice of
appeal.

Coverage of Legal Fees in No provision. 45 CFR 1303.3 allows (Sec. 15) (Sec. 16)
Cases of Appeal attorney fees to be charged No funds made available Calls for Secretary to develop
to the program grant (within may be used to reimburse and publish procedures to be
limits). In the event that any appellant for legal fees used in order to prohibit a
use of program funds would and other costs incurred in Head Start agency from
result in curtailment of pursuing the appeal. spending Head Start funds for
operations or inability to the purpose of paying legal
liquidate prior obligations, fees pursuant to an appeal,
the party so affected may except that such fees shall be
apply to HHS for payment reimbursed by the Secretary if
of these expenses. the agency prevails in the
appeal decision.

Suspension of Funds for No provision. 45 CFR 1303.11 No provision. (Sec. 16)
More than 30 Days Suspension shall not exceed The Secretary may not suspend
30 days unless HHS and the funds to a grantee for more
grantee agree to a than 30 days except in the case
continuation of the of a grantee that has multiple
suspension for an additional and recurring deficiencies for a
period of time. period of 180 days or more and
has not made substantial and
significant progress towards
meeting the goals of the quality
CRS-64

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

improvement plan for
eliminating all deficiencies
identified by the Secretary
during an appeal. In these
cases, funds may be suspended
for any amount of time,
including permanently.

SEC. 647. RECORDS AND AUDITS

Record Keeping Current law requires 45 CFR 1304.51(g) requires (Sec. 16) (Sec. 16)
grantees to keep records as that grantee and delegate Strikes current law Adds to current law that each
prescribed by the Secretary, agencies must establish and language and replaces with Head Start agency, Head Start
and gives the Secretary and maintain efficient and requirements that each center, or Early Head Start
U.S. Comptroller General effective record-keeping recipient of federal Head center shall maintain, and
the authority to have access systems to provide accurate Start funds: annually submit to the
to all records pertinent to and timely information - maintain, and annually Secretary a complete
Head Start financial regarding children, families, submit to the Secretary, a accounting of its administrative
assistance, for the purpose and staff and must ensure complete accounting of its expenses, including expenses
of audit and examination. appropriate confidentiality administrative expenses for salaries and compensation
of this information. (including a detailed funded by federal Head Start
statement identifying the funds, and provide such
amount of funding used to additional documentation as
pay expenses for salaries the Secretary may require.
and compensation);
- submit to the Secretary,
within 30 after completion
of an audit conducted to the
extent provided in the
Single Audit Act, a copy of
the audit management letter
and of any audit findings as
they relate to the Head Start
program; in addition to any
additional documentation as
the Secretary may require.
CRS-65

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 648. TECHNICAL ASSISTANCE AND TRAINING

Regional or State System of No specific provision. (Sec. 17) (Sec. 17)
Early Childhood Education At least 30% of the training The Secretary shall make
Training and Technical and technical assistance set- training and technical
Assistance aside (discussed under Sec. assistance funds (see Sec. 640)
640) is to be made available available to support a state
to support a state system of system of early childhood
early childhood education education training and
training and technical technical assistance.
assistance.

Purpose of Training and Current law includes a list (Sec. 17) (Sec. 17)
Technical Assistance of 11 purposes for which Expands current law's list Similar to House bill, with
technical assistance and to include the following additional purposes: to provide
training funds may be purposes: to assist Head training and technical
allocated. Start agencies and programs assistance to members of
in increasing program governing bodies to ensure that
participation of homeless they can fulfill their functions;
children; to assist Head to provide training and
Start agencies and programs technical assistance to Head
in improving outreach to, Start agencies to assist in
and the quality of services conducting self-assessments; to
available to, limited English provide activities that help
proficient children and their ensure that Head Start
families; to assist Head programs have qualified staff
Start agencies in developing who can promote prevention of
methods and approaches for childhood obesity; to assist
identifying and working Indian Head Start agencies to
with children and families provide on-site and off-site
experiencing toxic stress; training to staff.
assisting programs in
improving outreach to
disabled children if fewer
than 10% of a program's
children fall into that
category; and providing
CRS-66

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

assistance to address needs
of rural programs.

Classroom-Focused Training No provision specifying (Sec. 17) (Sec. 17)
amounts to be spent for More than 50% of training Similar to House bill, except
classroom-focused training and technical assistance without a specified percentage
and technical assistance. funds spent under this regarding the amount to be
section is to be used for spent for this purpose.
classroom-focused training.

Training for Addressing No specific provision. (Sec. 17) (Sec. 17)
Unique Needs of Select Head The Secretary shall provide, Same as House bill.
Start Children and Families either directly or through
grants or other
arrangements, funds for
training Head Start
personnel in addressing
unique needs of migrant
and seasonal working
families, families of
children with disabilities,
LEP families and homeless
families.

Limitation on Use of Funds No provision. (Sec. 17) (Sec. 17)
for Travel and Training Funds shall be used for Same as House bill.
needs identified annually by
a grant applicant or delegate
agency in their program
improvement plan, except
that funds may not be used
for long-distance travel
expenses for training
activities available locally
or for similar activities
available locally or
regionally.
CRS-67

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Outreach Program to Train No provision. (Sec. 17) No provision.
and Recruit Minority Men as The Secretary is to develop
Head Start Teachers and implement an outreach
program to train and recruit
minority men to become
Head Start teachers in order
to increase the provision of
quality services and
instruction to children with
diverse backgrounds.

Use of Funds for Pre- Current law allows training (Sec. 17) (Sec. 17)
Literacy Training funds to be used for the Adds language detailing use Same as House bill.
purpose of pre-literacy of training funds to support
training. enhanced early language
and preliteracy
development of children in
Head Start programs.

Assessing the Migrant and No provision. (Sec. 17) No comparable provision.
Seasonal and American The Secretary shall work in
Indian Population's Needs collaboration with Migrant
and seasonal Head Start
agencies, Indian Head Start
programs, collaboration
directors, the Secretary of
Education, and others to
determine the number of
children eligible for and
served by these programs,
and to ensure as comparable
access as possible. Plans
for carrying out the above
are to be published in the
Federal Register, and after a
public comment period, a
report will be submitted to
CRS-68

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Congress describing HHS'
plan.

Report of Findings on No provision. (Sec. 17) No provision.
Migrant and Seasonal as well The Secretary shall
as American Indian annually submit a report to
Population Congress detailing the
number of children of
migrant and seasonal
farmworkers and American
Indian and Native Alaskan
children who are eligible
for Head Start and the
number enrolled.

Establishing Contracts for No provision. (Sec. 17) No provision.
Delivering a State-Based The Secretary shall enter
Training and Technical into contracts in each state
Assistance System with 1 or more entities with
demonstrated expertise in
supporting the delivery of
high quality early education
programs. The Secretary
will provide a report to
Congress within 90 days of
the end of the fiscal year,
summarizing the funding
for such contracts, and the
activities conducted under
them. An amendment
added on the House floor
would also ensure that
contracts address the needs
of grantees in both urban
and rural areas.

On-line Graduate-Level No provision. (Sec. 17) No provision.
CRS-69

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Professional Development The Secretary is encouraged
Program to contract, on a
competitive basis, with an
institution of higher
education to develop an on-
line graduate-level
professional development
program with the goal of
improving the leadership of
those working in Head Start
programs and improving
quality and capacity of
effective Head Start
teachers.

Tribal Colleges and No provision in law (but the (Sec. 17) See Section 19, which proposes
Hispanic-serving Institutions programs currently exist). Authorizes these a new section of law, Sec.
Career Ladder demonstration grants, which 648B.
Demonstration Programs are granted for at least 5-
year periods at a time.

Historically Black Colleges No provision in law (but the (Sec. 17) No provision.
and Universities - Head Start partnerships currently Instructs the Secretary of
Partnerships exist). HHS to create partnerships
between Head Start and
historically black colleges
and universities (HBCUs).
(House floor amendment)

SEC. 648A. STAFF QUALIFICATIONS AND DEVELOPMENT

Degree Requirements for By September 30, 2003, at (Sec. 18) (Sec. 18)
Teachers (Nationwide) least 50% of all Head Start Requires that at least 50% Requires all Head Start
teachers nationwide in of all Head Start teachers in teachers nationwide in center-
center-based programs were center-based Head Starts based programs, by September
to have an associate, BA, or nationwide have at a 30, 2012, to have at least an
advanced degree in early minimum, a BA in early associates degree (or
CRS-70

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

childhood education or, a childhood education by equivalent course work)
degree (AA, BA, or September 30, 2013. relating to early childhood
advanced) in a related field, education and have
combined with experience demonstrated teaching
in teaching preschool competencies as determined by
children. the program director.

Degree Requirements for No provision. No provision. (Sec. 18)
Teachers (Statewide) By September 30, 2013, 50%
of all Head Start teachers in
center-based programs in each
state (and geographic region
for Indian Head Start programs
and for migrant and seasonal
programs) are to have a BA
relating to early childhood (or
related area) and demonstrated
teaching competencies, as
determined by the program
director.

Alternative Credentialing For each Head Start (Sec. 18) No provision.
Requirement -- Teach for classroom in a center-based Adds another category of
America program that does not have individuals eligible for
a teacher meeting the meeting alternative
requirements listed above, credentialing requirement:
that classroom is to be - individuals with a B.A.
assigned one teacher who degree, in the Teach for
has America program, who, as
- a child development part of that progam, have
associate credential (CDA); passed a rigorous early
- a state-awarded certificate childhood content exam,
for preschool teachers that and participated in a Teach
meets or exceeds the for America summer
requirements for a CDA; or training institute that
-a degree in a field related includes teaching preschool
to early childhood children.
CRS-71

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

education with experience
in teaching preschool
children and a state-
awarded certificate to teach
in a preschool program
Sec. 648A(a)(3)

Degree Requirements for Teacher requirements 45 CFR 1304.52(d) No provision. (Sec. 18)
Head Start Curriculum apply. establishes qualifications of By September 30, 2010, all
Specialists and Education content area experts. In Head Start curriculum
Coordinators addition to meeting the specialists and education
degree requirements of coordinators nationwide in
classroom teachers, center-based programs are to
education and child have a BA or advanced degree
development services must relating to early childhood, or a
be supported by staff or BA or advanced degree and
consultants with training coursework equivalent to a
and experience in areas that major relating to early
include the theories and childhood.
principles of early child
development and education.

Degree Requirements for No specific provision. No provision. (Sec. 18)
Teaching Assistants By September 30, 2010, all
Head Start teaching assistants
nationwide in center-based
programs are to: have at least a
CDA credential; be enrolled in
a program leading to an AA or
BA degree; or be enrolled in a
CDA credential program to be
completed within two years.
CRS-72

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Teacher In-Service No provision. No provision. (Sec. 18)
Requirement Each Head Start teacher shall
attend not less than 15 hours of
professional development per
year.

Progress Report to Congress Current law requires Head (Sec. 18) (Sec. 18)
Start agencies to Head Start agencies are Same as House bill.
demonstrate to the required to submit a report
Secretary continuing to the Secretary indicating
progress each year with the number and percentage
regard to degree of classroom teachers in
requirements. No provision center-based programs with
requires a report from HHS respective degrees. The
to Congress. Secretary is then required to
compile the information and
submit to Congressional
committees of jurisdiction.

Requirement for New Head No provision. (Sec. 18) No provision.
Start Teachers Within two years after date
of enactment, all Head Start
teachers hired in center-
based programs following
the effective date are to
have an AA, BA, or
advanced degree in early
childhood related field, or
be enrolled in a program of
study leading to an AA in
early childhood education
and agree to complete the
degree requirements within
three years from their date
of hire.
CRS-73

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

Service Requirement No provision. (Sec. 18) (Sec. 18)
Individuals who receive Individuals who receive
financial assistance under financial assistance under the
the Head Start program to Head Start program to pursue a
comply with degree degree are to teach or work in a
requirements are to teach in Head Start program for at least
a Head Start center for a three years after receiving the
least the same length of degree, or repay the total or a
time that they received prorated amount of the
assistance or repay the financial assistance.
amount of the funds.

Professional Development No provision. (Sec. 18) (Sec. 18)
Plans Each Head Start agency and Same as House (with specific
program shall consult with reference to classroom
an employee to create a teachers, curriculum
professional development specialists, and education
plan for all full-time coordinators).
employees who provide
direct services to children.

Criminal Background No provision. Personnel policy (Sec. 18) No provision.
Checks regulations 1301.31(b) state Prior to hiring an
that before an employee is individual, a Head Start
hired, grantee or delegate grantee is to conduct an
agencies must conduct: interview, verify personal
- an interview with the and employment references,
applicant; and obtain a criminal
- a verification of personal records check.
and employment references; (House floor amendment)
and
- a state or national criminal
record check.

If it is not feasible to obtain House bill does not contain
a criminal record check the level of detail that
prior to hiring, an employee current regulations do.
CRS-74

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

must not be considered
permanent until such a
check has been completed.

Regulations also stipulate
that agencies require all
current and prospective
employees sign a
declaration listing all
pending and prior criminal
arrests and charges related
to child sexual abuse and
their disposition;
convictions related to other
forms of child abuse and
neglect; and all convictions
of violent felonies. (The
regulations do include some
"declaration exclusions.")

Student Loan Forgiveness No provision. (Sec. 18) No provision.
Program for Head Start and Authorizes the Secretary of
Early Head Start Teachers Education, in consultation
with the Secretary of HHS,
to implement a student loan
forgiveness program for
Head Start and Early Head
Start teachers who receive a
BA in a field related to
early childhood education
and agree to teach in a Head
Start (or EHS) program for
a minimum of three years.
(House floor amendment)
CRS-75

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

NEWLY PROPOSED SEC. 648B. TRIBAL COLLEGES AND UNIVERSITIES HEAD START PARTNERSHIP

Creation of Grant Program to No provision. No provision. (Sec. 19)
partner Head Start agencies Authorizes grants of at least
with Tribal Colleges and five years to Tribal Colleges
Universities and Universities to implement
education programs that
include tribal culture and
language and increase the
number of AA, BA, and
graduate degrees in early
childhood education that are
earned by Indian Head Start
agency staff, parents of
children served in Indian Head
Start programs, and members
of the tribal community.

Authorized funding No provision. No provision. (Sec. 18)
Authorizes $10 million for
FY2008, and such sums as
necessary for FY2009-FY2012.

SEC. 649. RESEARCH, DEMONSTRATIONS, AND EVALUATION

Use of Survey of Income and Current law provides for (Sec. 19) (Sec. 20)
Program Participation use of SIPP, NLSY, and Strikes current law Retains provision in current
(SIPP), the National SPD for gathering data and provision for use of SIPP, law.
Longitudinal Survey of conducting analysis on NLSY, and SPD for
Youth (NLSY), and the Head Start. conducting analysis on
Survey of Program Head Start.
Dynamics (SPD) for
Analysis

Study and Report on No provision. (Sec. 19) (Sec. 20)
Services to LEP Children Calls for a study to be Comparable to House bill with
and Families conducted within one year regard to the study's content,
CRS-76

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

of the enactment of this act however the report is not
on the status of limited required to be submitted to
English proficient children Congress until September of
and families in Head Start 2011.
and Early Head Start
programs. The Secretary
shall prepare and submit a
report, containing results of
the study (the criteria of
which are outlined in the
bill).

Study of Status of Head Start No provision. (Sec. 19) No provision.
Participants in Hurricane- The Secretary shall conduct
Affected Areas a study on the status of
children and families
participating in Head Start
and Early Head Start
programs in areas affected
by Hurricanes Katrina and
Rita, to be submitted to
Congress within one year of
enactment of this act. On
the basis of this report, the
Secretary is to also submit
disaster plan
recommendations.

SEC. 650 REPORTS.

Expenditure Report on Set- No provision. (Sec. 20) No provision.
asides Not later than 60 days after
the end of each fiscal year,
the Secretary is to submit to
the House Education and
Labor and Senate HELP
Committees a report
CRS-77

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

detailing the different
amounts of expenditures
from the 13% set-asides and
the activities funded.

Fiscal Protocol Report No provision. (Sec. 20) No provision.
The Secretary shall conduct
an annual review to assess
whether the design and
implementation of the
triennial PRISM reviews
include compliance
procedures that provide
reasonable assurance that
Head Start agencies are
complying with fiscal laws
and regulations. Findings
are to be provided to the
House Education and Labor
and Senate HELP
Committees within 30 days
of completing the annual
review.

Report Tracking Use of No provision. (Sec. 20) No provision.
Individual Education Plans The Secretary shall track
(IEPs) the use of Head Start
Individualized Education
Plans by Head Start
agencies, and report to
Congressional committees
one year after enactment of
this act.
CRS-78

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 653. WAGES AND COMPENSATION

Federal Rate Limitation No provision in the Head (Sec. 20) (Sec. 22)
Start Act. However, the Notwithstanding any other Same as House bill.
FY2005 appropriations act provision of law, no federal
(P.L. 108-447) stated in funds shall be used to pay
Sec. 205 that none of the all or any part of the
funds appropriated for Head compensation of an
Start could be used to pay individual employed by a
the compensation of an Head Start agency, either as
individual, either as direct direct or indirect costs or
costs or any proration as an any proration thereof, at a
indirect cost at a rate in rate in excess of the rate
excess of Executive Level then payable for level II of
II. the Executive Schedule.

NEWLY PROPOSED SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS

Limitations on use of funds No provision comparable to (Sec. 22) No provision.
House bill. No funds may be used for
publicity or propaganda
purposes, or to produce any
prepackaged news story
intended for broadcast or
distribution (unless clearly
identified as prepared or
funded by HHS).
CRS-79

H.R. 1429,
Senate Version
Current Regulations H.R. 1429,
Current Law (an amended version of
(when applicable) House Version
committee-passed bill
S. 556)

SEC. 656. POLITICAL ACTIVITIES

Current law states that Head Regulations not issued. No change to current law. (Sec. 24)
Start programs shall not be Amends current law's
carried on in a manner provision to state that Head
involving use of program Start programs and any
funds, the provision of individual employed by, or
services, or the employment assigned to such programs,
or assignment of personnel during the hours such
in a manner supporting or individual is working on behalf
resulting in the of the program, shall not
identification of such engage in (1) any partisan or
programs with (1) any nonpartisan political activity or
partisan or nonpartisan any other political activity
political activity or any associated with a candidate, or
other political activity contending faction or group, in
associated with a candidate, an election for public or party
or contending faction or office; or (2) any activity to
group, in an election for provide voters or prospective
public or party office; (2) voters with transportation to
any activity to provide the polls or similar assistance
voters or prospective voters in connection with any such
with transportation to the election.
polls or similar assistance in
connection with any such The Senate bill drops any
election; or (3) any voter reference to a prohibition on
registration activity. The voter registration activity.
Secretary, after consultation
with the Office of Personnel The bill retains current law's
Management, shall issue provision regarding the
rules and regulations to Secretary consulting with OPM
provide for the enforcement and issuing rules and
of this section which shall regulations, except changes
include provisions for "shall" to "may."
summary suspension of
assistance or other action
necessary to permit
enforcement on an
emergency basis.

------------------------------------------------------------------------------
For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33968