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Children with Disabilities: Current HSPPS–NPRM–Head Start Act Crosswalk
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TopicCurrent HSPPS sectionCurrent HSPPS textNPRM actionProposed new regulation numberProposed regulation textRelated Head Start Act sections (as cited by NPRM in overview chart or narrative)Related Head Start Act text (as cited by NPRM in overview chart or narrative)Additional related Head Start Act sectionsAdditional related Head Start Act textNPRM rationale - Federal Register pageNPRM rationale textAnalysis
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IDEA eligibility as a selection factor45 CFR § 1302.14(a)(1)(1) A program must annually establish selection criteria that weigh the prioritization of selection of participants, based on community needs identified in the community needs assessment as described in § 1302.11(b), and including family income, whether the child is homeless, whether the child is in foster care, the child’s age, whether the child is eligible for special education and related services, or early intervention services, as appropriate, as determined under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1400 et seq.) and, other relevant family or child risk factors.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(c)(1)(E)(iv)(II); 641A(c)(2)(J)Head Start Act § 642(c)(1)(E)(iv)(II):"(E) RESPONSIBILITIES.—The governing body shall— … (iv) be responsible for other activities, including— … (II) establishing procedures and criteria for recruitment, selection, and enrollment of children"

Head Start Act § 641A(c)(2)(J):
"(J) include as part of the reviews of the programs, a review and assessment of whether the programs are in conformity with the eligibility requirements under section 645(a)(1), including regulations promulgated under such section and whether the programs have met the requirements for the outreach and enrollment policies and procedures, and selection criteria, in such section, for the participation of children in programs assisted under this subchapter"		§ 645(a)(1)(B)(iii)Head Start Act § 645(a)(1)(B)(iii):
“(iii) that programs assisted under this subchapter may include—
(I) to a reasonable extent (but not to exceed 10 percent of participants), participation of children in the area served who would benefit from such programs but who are not eligible under clause (i) or (ii); and
(II) from the area served, an additional 35 percent of participants who are not eligible under clause (i) or (ii) and whose families have incomes below 130 percent of the poverty line, if—
(aa) the Head Start agency involved establishes and implements outreach and enrollment policies and procedures that ensure such agency is meeting the needs of children eligible under clause (i) or (ii) (or subclause (I) if the child involved has a disability) prior to meeting the needs of children eligible under this subclause; and
(bb) in prioritizing the selection of children to be served, the Head Start agency establishes criteria that provide that the agency will serve children eligible under clause (i) or (ii) prior to serving the children eligible under this subclause;"		91 FR 51265; 5130891 FR 51265: "Lastly, the proposed removal of several provisions in § 1302.14 of the current Performance Standards reduces duplication with requirements included in the Act. The NPRM proposes to remove § 1302.14(b), related to children eligible for services under IDEA, but the Act requires the Secretary to establish policies and procedures to assure that programs fill at least 10 percent of their actual enrollment slots with children eligible for IDEA services (Sec. 640(d)(1))."

91 FR 51308: "This proposed rule would rescind the requirements in current § 1302.14 associated with the selection process because they are overly prescriptive or duplicative of the Act. Programs would not be required to annually establish selection criteria or abide by prescriptive requirements related to understanding barriers to enrollment. Programs could continue to consider the enrollment of children of staff members as part of their selection criteria, even though this standard is proposed for removal in this NPRM."		The Act requires programs to establish selection criteria and allows federal monitoring of those criteria. It also appears to give children with disabilities a limited enrollment priority when programs use certain over-income slots. However, it does not generally require programs to include IDEA eligibility as a selection factor. Removing § 1302.14(a)(1) would therefore eliminate the explicit requirement that programs consider IDEA eligibility when setting annual selection priorities based on community needs.
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No denial of enrollment based on disability or severity45 CFR § 1302.14(a)(5)(5) A program must not deny enrollment based on a disability or chronic health condition or its severity.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(c)(1)(E)(iv)(II); 641A(c)(2)(J)Head Start Act § 642(c)(1)(E)(iv)(II):"(E) RESPONSIBILITIES.—The governing body shall— … (iv) be responsible for other activities, including— … (II) establishing procedures and criteria for recruitment, selection, and enrollment of children"

Head Start Act § 641A(c)(2)(J):
"(J) include as part of the reviews of the programs, a review and assessment of whether the programs are in conformity with the eligibility requirements under section 645(a)(1), including regulations promulgated under such section and whether the programs have met the requirements for the outreach and enrollment policies and procedures, and selection criteria, in such section, for the participation of children in programs assisted under this subchapter"		N/AN/A91 FR 51265; 5130891 FR 51265: "Lastly, the proposed removal of several provisions in § 1302.14 of the current Performance Standards reduces duplication with requirements included in the Act. The NPRM proposes to remove § 1302.14(b), related to children eligible for services under IDEA, but the Act requires the Secretary to establish policies and procedures to assure that programs fill at least 10 percent of their actual enrollment slots with children eligible for IDEA services (Sec. 640(d)(1))."

91 FR 51308: "This proposed rule would rescind the requirements in current § 1302.14 associated with the selection process because they are overly prescriptive or duplicative of the Act. Programs would not be required to annually establish selection criteria or abide by prescriptive requirements related to understanding barriers to enrollment. Programs could continue to consider the enrollment of children of staff members as part of their selection criteria, even though this standard is proposed for removal in this NPRM."		The Act requires programs to establish selection criteria and allows federal monitoring of those criteria, but it does not prohibit denying enrollment based on a disability or chronic health condition or its severity. Removing § 1302.14(a)(5) would eliminate that explicit Head Start protection, although Section 504 and the ADA would still apply.
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10% IDEA enrollment requirement and waiver45 CFR § 1302.14(b)(1)(b) Children eligible for services under IDEA.
(1) A program must ensure at least 10 percent of its total actual enrollment is filled by children eligible for services under IDEA, unless the responsible HHS official grants a waiver.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(c)(1)(E)(iv)(II); 641A(c)(2)(J); 640(d)(1)Head Start Act § 642(c)(1)(E)(iv)(II):"(E) RESPONSIBILITIES.—The governing body shall— … (iv) be responsible for other activities, including— … (II) establishing procedures and criteria for recruitment, selection, and enrollment of children"

Head Start Act § 641A(c)(2)(J):
"(J) include as part of the reviews of the programs, a review and assessment of whether the programs are in conformity with the eligibility requirements under section 645(a)(1), including regulations promulgated under such section and whether the programs have met the requirements for the outreach and enrollment policies and procedures, and selection criteria, in such section, for the participation of children in programs assisted under this subchapter"

Head Start Act § 640(d)(1):
“(d)(1) The Secretary shall establish policies and procedures to assure that, for fiscal year 2009 and thereafter, not less than 10 percent of the total number of children actually enrolled by each Head Start agency and each delegate agency will be children with disabilities who are determined to be eligible for special education and related services, or early intervention services, as appropriate, as determined under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), by the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.).		§ 645(a)(1)(B)(iii); 640(d)(4)Head Start Act § 645(a)(1)(B)(iii):
“(iii) that programs assisted under this subchapter may include—
(I) to a reasonable extent (but not to exceed 10 percent of participants), participation of children in the area served who would benefit from such programs but who are not eligible under clause (i) or (ii); and
(II) from the area served, an additional 35 percent of participants who are not eligible under clause (i) or (ii) and whose families have incomes below 130 percent of the poverty line, if—
(aa) the Head Start agency involved establishes and implements outreach and enrollment policies and procedures that ensure such agency is meeting the needs of children eligible under clause (i) or (ii) (or subclause (I) if the child involved has a disability) prior to meeting the needs of children eligible under this subclause; and
(bb) in prioritizing the selection of children to be served, the Head Start agency establishes criteria that provide that the agency will serve children eligible under clause (i) or (ii) prior to serving the children eligible under this subclause;"

Head Start Act § 640(d)(4):
“(4) The Secretary shall establish policies and procedures to provide Head Start agencies with waivers of the requirements of paragraph (1) for not more than 3 years. Such policies and procedures shall require Head Start agencies, in order to receive such waivers, to provide evidence demonstrating that the Head Start agencies are making reasonable efforts on an annual basis to comply with the requirements of that paragraph.”		91 FR 51265; 51308; 5127891 FR 51265: "Lastly, the proposed removal of several provisions in § 1302.14 of the current Performance Standards reduces duplication with requirements included in the Act. The NPRM proposes to remove § 1302.14(b), related to children eligible for services under IDEA, but the Act requires the Secretary to establish policies and procedures to assure that programs fill at least 10 percent of their actual enrollment slots with children eligible for IDEA services (Sec. 640(d)(1))."

91 FR 51308: "This proposed rule would rescind the requirements in current § 1302.14 associated with the selection process because they are overly prescriptive or duplicative of the Act. Programs would not be required to annually establish selection criteria or abide by prescriptive requirements related to understanding barriers to enrollment. Programs could continue to consider the enrollment of children of staff members as part of their selection criteria, even though this standard is proposed for removal in this NPRM."

91 FR 51278: "“While the Act provides the Secretary of HHS with waiver authority for a small subset of requirements, including operating locally-designed options (Sec. 640(f)(1)), waiving non-Federal share (Sec. 640(b)), exceeding the current 15 percent cap for administrative costs (Sec. 644(b)(2)), filling at least 10 percent of actual enrollment slots with children eligible for IDEA (Sec. 640(d)(4)), and meeting teacher qualification requirements (Sec. 648A(a)(4)), proposed § 1301.18 would broaden waiver flexibility beyond those explicitly stated in the Act.”		Section 640(d)(1) directly preserves the 10% IDEA enrollment requirement. The other provisions preserve general selection and monitoring responsibilities and a narrow priority for certain children with disabilities when programs use over-income slots. Therefore, the core requirement remains; the waiver provision is separately preserved in § 640(d)(4).
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Continued prioritization of children with disabilities after reaching 10%45 CFR § 1302.14(b)(2)(b) Children eligible for services under IDEA.
(2) If the requirement in paragraph (b)(1) of this section has been met, children eligible for services under IDEA should be prioritized for the available slots in accordance with the program’s selection criteria described in paragraph (a) of this section.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(c)(1)(E)(iv)(II); 641A(c)(2)(J); § 640(d)(1)Head Start Act § 642(c)(1)(E)(iv)(II):"(E) RESPONSIBILITIES.—The governing body shall— … (iv) be responsible for other activities, including— … (II) establishing procedures and criteria for recruitment, selection, and enrollment of children"

Head Start Act § 641A(c)(2)(J):
"(J) include as part of the reviews of the programs, a review and assessment of whether the programs are in conformity with the eligibility requirements under section 645(a)(1), including regulations promulgated under such section and whether the programs have met the requirements for the outreach and enrollment policies and procedures, and selection criteria, in such section, for the participation of children in programs assisted under this subchapter"

Head Start Act § 640(d)(1):
“(d)(1) The Secretary shall establish policies and procedures to assure that, for fiscal year 2009 and thereafter, not less than 10 percent of the total number of children actually enrolled by each Head Start agency and each delegate agency will be children with disabilities who are determined to be eligible for special education and related services, or early intervention services, as appropriate, as determined under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), by the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.).		§ 645(a)(1)(B)(iii)Head Start Act § 645(a)(1)(B)(iii):
“(iii) that programs assisted under this subchapter may include—
(I) to a reasonable extent (but not to exceed 10 percent of participants), participation of children in the area served who would benefit from such programs but who are not eligible under clause (i) or (ii); and
(II) from the area served, an additional 35 percent of participants who are not eligible under clause (i) or (ii) and whose families have incomes below 130 percent of the poverty line, if—
(aa) the Head Start agency involved establishes and implements outreach and enrollment policies and procedures that ensure such agency is meeting the needs of children eligible under clause (i) or (ii) (or subclause (I) if the child involved has a disability) prior to meeting the needs of children eligible under this subclause; and
(bb) in prioritizing the selection of children to be served, the Head Start agency establishes criteria that provide that the agency will serve children eligible under clause (i) or (ii) prior to serving the children eligible under this subclause;"		91 FR 51265; 5130891 FR 51265: "Lastly, the proposed removal of several provisions in § 1302.14 of the current Performance Standards reduces duplication with requirements included in the Act. The NPRM proposes to remove § 1302.14(b), related to children eligible for services under IDEA, but the Act requires the Secretary to establish policies and procedures to assure that programs fill at least 10 percent of their actual enrollment slots with children eligible for IDEA services (Sec. 640(d)(1))."

91 FR 51308: "This proposed rule would rescind the requirements in current § 1302.14 associated with the selection process because they are overly prescriptive or duplicative of the Act. Programs would not be required to annually establish selection criteria or abide by prescriptive requirements related to understanding barriers to enrollment. Programs could continue to consider the enrollment of children of staff members as part of their selection criteria, even though this standard is proposed for removal in this NPRM."		The Act requires programs to establish selection criteria, preserves the 10% IDEA enrollment minimum, and provides a narrow priority for certain children with disabilities when programs use over-income slots. However, it does not require programs to continue prioritizing all IDEA-eligible children after reaching 10%, so that broader protection would be lost.
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Suspension and expulsion45 CFR § 1302.17(a)(a) Limitations on suspension.
(1) A program must prohibit or severely limit the use of suspension due to a child’s behavior. Such suspensions may only be temporary in nature.
(2) A temporary suspension must be used only as a last resort in extraordinary circumstances where there is a serious safety threat that has not been reduced or eliminated by the provision of interventions and supports recommended by the mental health consultant and the program needs time to put additional appropriate services in place.
(3) Before a program determines whether a temporary suspension is necessary, a program must engage with a mental health consultant, collaborate with the parents, and utilize appropriate community resources – such as behavior coaches, psychologists, other appropriate specialists, or other resources – as needed, to determine no other reasonable option is appropriate.
(4) If a temporary suspension is deemed necessary, a program must help the child return to full participation in all program activities as quickly as possible while ensuring child safety. A program must explore all possible steps and document all steps taken to address the behavior(s) and supports needed to facilitate the child’s safe reentry and continued participation in the program. Such steps must include, at a minimum:
(i) Continuing to engage with the parents, mental health consultant, and other appropriate staff, and continuing to utilize appropriate community resources
(ii) Providing additional program supports and services, including home visits; and,
(iii) Determining whether a referral to a local agency responsible for implementing IDEA is appropriate, or if the child has an individualized family service plan (IFSP) or individualized education program (IEP), consulting with the responsible agency to ensure the child receives the needed support services.
…		RemovedNo replacement proposedNo replacement proposedNPRM does not cite any related Act textNPRM does not cite any related Act textN/AN/A91 FR 5126591 FR 51265: "The rationale for ACF’s proposed removal of these requirements is twofold. First, when ACF included these requirements limiting suspension and prohibiting expulsion in its 2016 final rule revising the Performance Standards, many state child care licensing regulations either did not address suspension and expulsion explicitly or addressed them only indirectly through discipline policies. The landscape has changed, and a growing number of states have incorporated suspension and expulsion requirements directly into licensing regulations, quality standards, or state law. Second, the proposed removal of these federal requirements restores state and local authority in recognition that effective Head Start programs can and do operate under varying approaches based on state and local contexts. These proposed changes are not an endorsement of suspension and expulsion as approaches to address persistent and serious behavioral concerns; rather, the intent is to allow programs to determine their own discipline policies within the context of state and local licensing requirements. Recipients are reminded that they will continue to be required to comply with all applicable state and local requirements that have a bearing on suspension and expulsion."The protection against suspension and expulsion for all children in Head Start is essentially gone. There are some protections in other disability law (IDEA, ADA, etc.) that protect children from suspension/expulsion/exclusion based on disability. However, their application depends on the identification of the disability, the relationship between the behavior and disability, the type of program operator, etc. The current HSPPS provide a uniform Head Start-specific protection for every enrolled child and requires steps before exclusion, whether or not the child has crossed a legal threshold for protection under disability law.
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Suspension and expulsion45 CFR § 1302.17(b)(b) Prohibition on expulsion.
(1) A program cannot expel or unenroll a child from Head Start because of a child’s behavior.
(2) When a child exhibits persistent and serious behavioral concerns, a program must explore all possible steps and document all steps taken to address such problems, and facilitate the child’s safe participation in the program. Such steps must include, at a minimum, engaging a mental health consultant, considering the appropriateness of providing appropriate services and supports under section 504 of the Rehabilitation Act of 1973 to ensure that the child who satisfies the definition of disability in 29 U.S.C. 705(9)(b) of the Rehabilitation Act is not excluded from the program on the basis of disability, and consulting with the parents and the child’s teacher and:
(i) If the child has an individualized family service plan (IFSP) or individualized education program (IEP), the program must consult with the agency responsible for the IFSP or IEP to ensure the child receives the needed support services; or,

(ii) If the child does not have an IFSP or IEP, the program must collaborate, with parental consent, with the local agency responsible for implementing IDEA to determine the child’s eligibility for services.

(3) If, after a program has explored all possible steps and documented all steps taken as described in paragraph (b)(2) of this section, a program, in consultation with the parents, the child’s teacher, the agency responsible for implementing IDEA (if applicable), and the mental health consultant, determines that the child’s continued enrollment presents a continued serious safety threat to the child or other enrolled children and determines the program is not the most appropriate placement for the child, the program must work with such entities to directly facilitate the transition of the child to a more appropriate placement.		RemovedNo replacement proposedNo replacement proposedNPRM does not cite related Act textNPRM does not cite related Act textN/AN/A91 FR 5126591 FR 51265: "The rationale for ACF’s proposed removal of these requirements is twofold. First, when ACF included these requirements limiting suspension and prohibiting expulsion in its 2016 final rule revising the Performance Standards, many state child care licensing regulations either did not address suspension and expulsion explicitly or addressed them only indirectly through discipline policies. The landscape has changed, and a growing number of states have incorporated suspension and expulsion requirements directly into licensing regulations, quality standards, or state law. Second, the proposed removal of these federal requirements restores state and local authority in recognition that effective Head Start programs can and do operate under varying approaches based on state and local contexts. These proposed changes are not an endorsement of suspension and expulsion as approaches to address persistent and serious behavioral concerns; rather, the intent is to allow programs to determine their own discipline policies within the context of state and local licensing requirements. Recipients are reminded that they will continue to be required to comply with all applicable state and local requirements that have a bearing on suspension and expulsion."The protection against suspension and expulsion for all children in Head Start is essentially gone. There are some protections in other disability law (IDEA, ADA, etc.) that protect children from suspension/expulsion/exclusion based on disability. However, their application depends on the identification of the disability, the relationship between the behavior and disability, the type of program operator, etc. The current HSPPS provide a uniform Head Start-specific protection for every enrolled child and requires steps before exclusion, whether or not the child has crossed a legal threshold for protection under disability law.
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Developmental screening 45-day timeline45 CFR § 1302.33(a)(1)–(2)(1) In collaboration with each child’s parent and with parental consent, a program must complete or obtain a current developmental screening to identify concerns regarding a child’s developmental, behavioral, motor, language, social, cognitive, and emotional skills within 45 calendar days of when the child first attends the program or, for the home-based program option, receives a home visit. A program that operates for 90 days or less must complete or obtain a current developmental screening within 30 calendar days of when the child first attends the program.
(2) A program must use one or more research-based developmental standardized screening tools to complete the screening. A program must use as part of the screening additional information from family members, teachers, and relevant staff familiar with the child’s typical behavior.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(f)(5)–(6)Head Start Act § 642(f)(5-6) (42 U.S.C. 9837(f)):
(5) use research-based assessment methods that reflect the characteristics described in section 641A(b)(2) in order to support the educational instruction and school readiness of children in the program;
(6) use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in section 641A(a)(1)		N/AN/A91 FR 5126991 FR 51269 — "This NPRM proposes to rescind current § 1302.33, Child screenings and assessments, to remove duplication with the Act, reduce administrative burden, and restore more flexibility to local Head Start agencies to make decisions on how best to implement screening and assessment practices in their programs. The Act requires that programs use research-based assessment methods to support the educational instruction and school readiness of children in the program (Sec. 642(f)(5)). The Act includes further specification that assessment methods should be developmentally appropriate, consistent with nationally recognized professional standards, administered by staff with appropriate training for such administration, and high-quality research-based measures (see Sec. 641A(b)(2)). In addition, the Act requires programs to use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, and aligned to the Head Start Early Learning Outcomes Framework (Sec. 642(f)(6)). In addition, some requirements related to the referral and support of children who may be or are eligible for services under IDEA still apply (see Services for Children with Disabilities for more details). Based on the requirements included in the Act, under the proposed regulations programs will continue to be required to conduct screenings and assessments for enrolled children. In summary, under the proposed regulation programs would continue to be responsible for conducting screenings and assessments but will have additional flexibility in how these are implemented as long as they continue to meet the requirements specified in the Act.”The Act preserves the requirement to use research-based, standardized, reliable, valid, and accurate developmental screening tools. However, it does not require screening within 45 days—or 30 days for shorter programs—collaboration with parents, parental consent, screening across the specified developmental domains, or use of information from families, teachers, and staff. Those timelines and procedures would be lost.
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Developmental screening, referral, and follow-up (including supports if child is found ineligible for IDEA)45 CFR § 1302.33(a)(3)–(5)(3) If warranted through screening and additional relevant information and with direct guidance from a mental health or child development professional a program must, with the parent’s consent, promptly and appropriately address any needs identified through: (i) Referral to the local agency responsible for implementing IDEA for a formal evaluation to assess the child’s eligibility for services under IDEA as soon as possible, and not to exceed timelines required under IDEA; and, (ii) Partnership with the child’s parents and the relevant local agency to support families through the formal evaluation process.
(4) If a child is determined to be eligible for services under IDEA, the program must partner with parents and the local agency responsible for implementing IDEA, as appropriate, and deliver the services in subpart F of this part.
(5) If … the child is not eligible … the program must …
(i) Seek guidance from a mental health or child development professional to determine if the formal evaluation shows the child has a significant delay in one or more areas of development that is likely to interfere with the child's development and school readiness; and
(ii) If the child has a significant delay, partner with parents to help the family access services and supports to help address the child’s identified needs...
(B) A program may use program funds for such services and supports when no other sources of funding are available.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(f)(5)–(6)Head Start Act § 642(f)(5-6) (42 U.S.C. 9837(f)):
(5) use research-based assessment methods that reflect the characteristics described in section 641A(b)(2) in order to support the educational instruction and school readiness of children in the program;
(6) use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in section 641A(a)(1)		§§ 640(d)(2)–(3), 642(b)(14)–(15)Head Start Act § 640(d)(1)–(3) (42 U.S.C. 9835(d)):
“(2) Such policies and procedures shall ensure the provision of early intervening services, such as educational and behavioral services and supports, to meet the needs of children with disabilities, prior to an eligibility determination under the Individuals with Disabilities Education Act.
(3) Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.”

Head Start Act § 642(b)(14)–(15) (42 U.S.C. 9837(b)):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).
(15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2).”		91 FR 5126991 FR 51269 — "This NPRM proposes to rescind current § 1302.33, Child screenings and assessments, to remove duplication with the Act, reduce administrative burden, and restore more flexibility to local Head Start agencies to make decisions on how best to implement screening and assessment practices in their programs. The Act requires that programs use research-based assessment methods to support the educational instruction and school readiness of children in the program (Sec. 642(f)(5)). The Act includes further specification that assessment methods should be developmentally appropriate, consistent with nationally recognized professional standards, administered by staff with appropriate training for such administration, and high-quality research-based measures (see Sec. 641A(b)(2)). In addition, the Act requires programs to use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, and aligned to the Head Start Early Learning Outcomes Framework (Sec. 642(f)(6)). In addition, some requirements related to the referral and support of children who may be or are eligible for services under IDEA still apply (see Services for Children with Disabilities for more details). Based on the requirements included in the Act, under the proposed regulations programs will continue to be required to conduct screenings and assessments for enrolled children. In summary, under the proposed regulation programs would continue to be responsible for conducting screenings and assessments but will have additional flexibility in how these are implemented as long as they continue to meet the requirements specified in the Act.”The cited Act text preserves timely referral/collaboration and early intervening services before IDEA eligibility is determined. It does not expressly restate current requirements for professional guidance from a mental health or child development professional and family support through evaluation. The Act also does not require any response or support after an IDEA ineligibility decision like the HSPPS detail - including assessing significant delays, helping families obtain other supports, considering section 504 or insurance for those supports, and using Head Start funds when necessary.
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Developmental assessment and individualization45 CFR § 1302.33(b)(1)–(3)(1) A program must conduct standardized and structured assessments, which may be observation-based or direct, for each child that provide ongoing information to evaluate the child’s developmental level and progress in outcomes aligned to the goals described in the Head Start Early Learning Child Outcomes Framework: Ages Birth to Five. Such assessments must result in usable information for teachers, home visitors, and parents and be conducted with sufficient frequency to allow for individualization within the program year.
(2) A program must regularly use information … along with informal teacher observations and additional information from family and staff … to determine a child’s strengths and needs, inform, and adjust strategies to better support individualized learning …
(3) If warranted … and with direct guidance from a mental health or child development professional and a parent’s consent, a program must refer the child to the local agency responsible for implementing IDEA for a formal evaluation.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(f)(5)–(6); 641A(b)(2)Head Start Act § 642(f)(5-6) (42 U.S.C. 9837(f)):
(5) use research-based assessment methods that reflect the characteristics described in section 641A(b)(2) in order to support the educational instruction and school readiness of children in the program;
(6) use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in section 641A(a)(1)

Head Start Act § 641A(b)(2):
“(2) CHARACTERISTICS OF MEASURES.—The measures under this subsection shall—
(A) be developmentally, linguistically, and culturally appropriate for the population served;
(B) be reviewed periodically, based on advances in the science of early childhood development;
(C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
(D) be valid and reliable in the language in which they are administered;
(E) be administered by staff with appropriate training for such administration;
(F) provide for appropriate accommodations for children with disabilities and children who are limited English proficient;
(G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised; and
(H) be adaptable, as appropriate, for use in the self-assessment of Head Start agencies, including in the evaluation of administrative and financial management practices.”		N/AN/A91 FR 5126991 FR 51269 — "This NPRM proposes to rescind current § 1302.33, Child screenings and assessments, to remove duplication with the Act, reduce administrative burden, and restore more flexibility to local Head Start agencies to make decisions on how best to implement screening and assessment practices in their programs. The Act requires that programs use research-based assessment methods to support the educational instruction and school readiness of children in the program (Sec. 642(f)(5)). The Act includes further specification that assessment methods should be developmentally appropriate, consistent with nationally recognized professional standards, administered by staff with appropriate training for such administration, and high-quality research-based measures (see Sec. 641A(b)(2)). In addition, the Act requires programs to use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, and aligned to the Head Start Early Learning Outcomes Framework (Sec. 642(f)(6)). In addition, some requirements related to the referral and support of children who may be or are eligible for services under IDEA still apply (see Services for Children with Disabilities for more details). Based on the requirements included in the Act, under the proposed regulations programs will continue to be required to conduct screenings and assessments for enrolled children. In summary, under the proposed regulation programs would continue to be responsible for conducting screenings and assessments but will have additional flexibility in how these are implemented as long as they continue to meet the requirements specified in the Act.”The Act preserves the use of research-based assessments that are developmentally, linguistically, and culturally appropriate, valid, reliable, administered by trained staff, and accommodating of children with disabilities. However, it does not require ongoing assessment of every child at a frequency sufficient for individualization, that assessment provides "usable information," regular use of observations and family and staff input to adjust instruction, or use of assessment to trigger IDEA referral with professional guidance and parental consent. Timely IDEA referral is preserved elsewhere in the Act, but these detailed assessment and individualization procedures would be lost.
12
Screening and assessment accessibility for children with disabilities45 CFR § 1302.33(c)(1)Screenings and assessments must be valid and reliable for the population and purpose for which they will be used, including by being conducted by qualified and trained personnel, and being age, developmentally, culturally, and linguistically appropriate, and appropriate for children with disabilities, as needed.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(f)(5)–(6); 641A(b)(2)Head Start Act § 642(f)(5-6) (42 U.S.C. 9837(f)):
(5) use research-based assessment methods that reflect the characteristics described in section 641A(b)(2) in order to support the educational instruction and school readiness of children in the program;
(6) use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in section 641A(a)(1)

Head Start Act § 641A(b)(2):
“(2) CHARACTERISTICS OF MEASURES.—The measures under this subsection shall—
(A) be developmentally, linguistically, and culturally appropriate for the population served;
(B) be reviewed periodically, based on advances in the science of early childhood development;
(C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
(D) be valid and reliable in the language in which they are administered;
(E) be administered by staff with appropriate training for such administration;
(F) provide for appropriate accommodations for children with disabilities and children who are limited English proficient;
(G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised; and
(H) be adaptable, as appropriate, for use in the self-assessment of Head Start agencies, including in the evaluation of administrative and financial management practices.”		N/AN/A91 FR 5126991 FR 51269 — "This NPRM proposes to rescind current § 1302.33, Child screenings and assessments, to remove duplication with the Act, reduce administrative burden, and restore more flexibility to local Head Start agencies to make decisions on how best to implement screening and assessment practices in their programs. The Act requires that programs use research-based assessment methods to support the educational instruction and school readiness of children in the program (Sec. 642(f)(5)). The Act includes further specification that assessment methods should be developmentally appropriate, consistent with nationally recognized professional standards, administered by staff with appropriate training for such administration, and high-quality research-based measures (see Sec. 641A(b)(2)). In addition, the Act requires programs to use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, and aligned to the Head Start Early Learning Outcomes Framework (Sec. 642(f)(6)). In addition, some requirements related to the referral and support of children who may be or are eligible for services under IDEA still apply (see Services for Children with Disabilities for more details). Based on the requirements included in the Act, under the proposed regulations programs will continue to be required to conduct screenings and assessments for enrolled children. In summary, under the proposed regulation programs would continue to be responsible for conducting screenings and assessments but will have additional flexibility in how these are implemented as long as they continue to meet the requirements specified in the Act.”The Act clearly applies these protections to assessments and could be interpreted to apply them to screenings because screening tools may qualify as “measures” under § 641A(b)(2). However, the Act does not explicitly make that connection. Removing § 1302.33(c)(1) would eliminate their clear application to screenings, leaving it uncertain whether screenings must be administered by trained personnel and be developmentally, culturally, linguistically, and disability appropriate. Also, a small nuance is that Section 641A(b)(2) requires “appropriate accommodations” for children with disabilities; this is related to, but not identical to, requiring the screening or assessment itself to be “appropriate for children with disabilities.”
13
Screening and assessment accessibility for dual language learners45 CFR § 1302.33(c)(2)-(4)(2) If a program serves a child who speaks a language other than English, a program must use qualified bilingual staff, contractor, or consultant to:
(i) Assess language skills in English and in the child’s home language, to assess both the child’s progress in the home language and in English language acquisition;
(ii) Conduct screenings and assessments for domains other than language skills in the language or languages that best capture the child’s development and skills in the specific domain; and,
(iii) Ensure those conducting the screening or assessment know and understand the child’s language and culture and have sufficient skill level in the child’s home language to accurately administer the screening or assessment and to record and understand the child’s responses, interactions, and communications.
(3) If a program serves a child who speaks a language other than English and qualified bilingual staff, contractors, or consultants are not able to conduct screenings and assessments, a program must use an interpreter in conjunction with a qualified staff person to conduct screenings and assessments as described in paragraphs (c)(2)(i) through (iii) of this section.
(4) If a program serves a child who speaks a language other than English and can demonstrate that there is not a qualified bilingual staff person or interpreter, then screenings and assessments may be conducted in English. In such a case, a program must also gather and use other information, including structured observations over time and information gathered in a child’s home language from the family, for use in evaluating the child’s development and progress.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(f)(5)–(6); 641A(b)(2)Head Start Act § 642(f)(5-6) (42 U.S.C. 9837(f)):
(5) use research-based assessment methods that reflect the characteristics described in section 641A(b)(2) in order to support the educational instruction and school readiness of children in the program;
(6) use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in section 641A(a)(1)

Head Start Act § 641A(b)(2):
“(2) CHARACTERISTICS OF MEASURES.—The measures under this subsection shall—
(A) be developmentally, linguistically, and culturally appropriate for the population served;
(B) be reviewed periodically, based on advances in the science of early childhood development;
(C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
(D) be valid and reliable in the language in which they are administered;
(E) be administered by staff with appropriate training for such administration;
(F) provide for appropriate accommodations for children with disabilities and children who are limited English proficient;
(G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised; and
(H) be adaptable, as appropriate, for use in the self-assessment of Head Start agencies, including in the evaluation of administrative and financial management practices.”		N/AN/A91 FR 5126991 FR 51269 — "This NPRM proposes to rescind current § 1302.33, Child screenings and assessments, to remove duplication with the Act, reduce administrative burden, and restore more flexibility to local Head Start agencies to make decisions on how best to implement screening and assessment practices in their programs. The Act requires that programs use research-based assessment methods to support the educational instruction and school readiness of children in the program (Sec. 642(f)(5)). The Act includes further specification that assessment methods should be developmentally appropriate, consistent with nationally recognized professional standards, administered by staff with appropriate training for such administration, and high-quality research-based measures (see Sec. 641A(b)(2)). In addition, the Act requires programs to use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, and aligned to the Head Start Early Learning Outcomes Framework (Sec. 642(f)(6)). In addition, some requirements related to the referral and support of children who may be or are eligible for services under IDEA still apply (see Services for Children with Disabilities for more details). Based on the requirements included in the Act, under the proposed regulations programs will continue to be required to conduct screenings and assessments for enrolled children. In summary, under the proposed regulation programs would continue to be responsible for conducting screenings and assessments but will have additional flexibility in how these are implemented as long as they continue to meet the requirements specified in the Act.”The Act clearly preserves general cultural, linguistic, trained-personnel, and accommodation requirements for assessments through §§ 642(f)(5) and 641A(b)(2). Section 642(f)(6) separately requires developmental screening tools to be standardized, reliable, valid, and accurate for the child being screened, but it does not expressly apply the protections in § 641A(b)(2) to screenings. It is therefore uncertain whether those protections would continue to govern screenings. In either case, the Act does not preserve the detailed procedures in § 1302.33(c)(2)–(4), including use of qualified bilingual personnel, assessment in English and the home language, use of the language that best captures the child’s abilities in each domain, an interpreter when bilingual personnel are unavailable, or supplemental observations and family information when screening or assessment must occur in English. Removing these procedures could increase the risk that a dual language learner’s disability-related needs are missed, identified late, or incorrectly attributed to language development.
14
Mental health coordination45 CFR § 1302.45(a) Program-wide wellness supports. To support a program-wide culture that promotes mental health, social and emotional well-being, and overall health and safety, a program must use a multidisciplinary approach that: (1) Coordinates supports for adult mental health and well-being, including engaging in nurturing and responsive relationships with families, engaging families in home visiting services, and promoting staff health and wellness, as described in § 1302.93. (2) Coordinates supports for positive learning environments for all children; supportive teacher practices; and strategies for supporting children with social, emotional, behavioral, or mental health concerns. (3) Secures ongoing mental health consultation services and examines the approach to mental health consultation on an annual basis to determine if it meets the needs of the program. (4) Ensures mental health consultation services are available at a frequency of at least once a month. (i) If a mental health consultant is not available to provide services at least once a month, programs must use other licensed mental health professionals or behavioral health support specialists certified and trained in their profession or recognized by their Tribal governments, such as peer specialists, community health workers, promotores, traditional practitioners, or behavioral health aides, to ensure mental health supports are available on at least a monthly basis. (ii) If the program uses other licensed mental health professionals or behavioral health support specialists, the program must ensure their regular coordination and consultation with mental health consultants. (5) Ensures that all children receive adequate screening and appropriate follow up and the parent receives referrals about how to access services for potential social, emotional, behavioral, or other mental health concerns, as described in § 1302.33. (6) Facilitates multidisciplinary coordination and collaboration between mental health and other relevant program services, including education, disability, family engagement, and health services. (7) Build community partnerships to facilitate access to additional mental health resources and services, as needed, including through the Health and Mental Health Services Advisory Committee in § 1302.40.

(b) Mental health consultants. A program must ensure that mental health consultants provide consultation services that build the capacity of adults in an infant or young child’s life to strengthen and support the mental health and social and emotional development of children, including consultation with any of the following: (1) The program to implement strategies that promote a program-wide culture of mental health, prevent mental health challenges from developing, and identify and support children with mental health and social and emotional concerns; (2) Child and family services staff to implement strategies that build nurturing and responsive relationships and create positive learning environments that promote the mental health and social and emotional development of all children; (3) Staff who have contact with children to understand and appropriately respond to prevalent child mental health concerns, including internalizing problems such as appearing withdrawn; externalizing problems such as behavioral concerns; and how exposure to trauma and substance use can influence risk; (4) Families and staff to understand mental health and access mental health interventions or supports, if needed, including in the event of a natural disaster or crisis; (5) The program to implement policies to limit suspension and prohibit expulsion as described in § 1302.17; and (6) The program to support the well-being of children and families involved in any significant child health, mental health, or safety incident described in § 1302.102(d)(1)(ii).		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 645A(b)(5); 642(f)(9)Head Start Act § 645A(b)(5), 42 U.S.C. § 9840a(b)(5):
(5) coordinate services with services provided by programs in the State (including home-based services) and programs in the community (including programs for infants and toddlers with disabilities and programs for homeless infants and toddlers) to ensure a comprehensive array of services (such as health and mental health services and family support services)

Head Start Act § 642(f)(9), 42 U.S.C. § 9837(f)(9):
(9) establish goals and measurable objectives for the provision of health, educational, nutritional, and social services provided under this subchapter and related to the program mission and to promote school readiness; and		N/AN/A91 FR 51269-5127091 FR 51269-51270: “While the Act establishes high-level requirements for these services, the proposed removal of multiple prescriptive requirements, including requirements to maintain a Health and Mental Health Services Advisory Committee, to obtain advance authorization for health, mental health, and developmental procedures, to have monthly mental health consultation...to conduct health determinations, to assist families in navigating health systems...would provide recipients more flexibility to design and implement health, nutrition, and mental health services that best meet their communities' needs. Many mental health regulations were introduced in a 2024 fianl rule to reinforce that mental health should be integrated into all aspcts of the Head Start program, but upon further consideration, ACF believes these requirements were overly prescriptive and limit programs' ability to tailor services to the needs of their communities.”The cited Act text provide partial, high-level overlap: § 642(f)(9) requires programs to establish goals and measurable objectives for health and social services, while § 645A(b)(5) requires Early Head Start programs to coordinate with state and community programs to ensure a comprehensive array of services, including mental-health services. Neither provision preserves the comprehensive requirements in current § 1302.45, including a program-wide multidisciplinary approach; positive learning-environment supports; ongoing and at least monthly mental-health consultation; screening, follow-up, and referrals; coordination among mental-health, disability, education, family-engagement, and health services; community partnerships; or the specified functions of mental-health consultants. These protections are especially relevant to children with identified or suspected disabilities, including children whose behavioral or social-emotional needs may lead to disability identification, individualized support, or protection from exclusion.
15
Full participation and inclusion45 CFR § 1302.60A program must ensure enrolled children with disabilities, including but not limited to those who are eligible for services under IDEA, and their families receive all applicable program services delivered in the least restrictive possible environment and that they fully participate in all program activities.Replaced§ 1301.10§ 1301.10 Services for children with disabilities.
A program must comply with all applicable Federal and state statutes and regulations regarding providing services for children with disabilities.		NPRM does not cite related Act textNPRM does not cite related Act textN/AN/A91 FR 51270-5127191 FR 51270–71: “This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute.” The NPRM also states: “While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met...Under proposed § 1301.10 programs would continue to be held to all Federal and state requirements to support children with disabilities and the core requirements of those services do not change under the proposed regulations. That said, the proposed changes would provide programs with additional flexibility to carry out these requirements. For example, the Act requires programs to help parents become full partners in the education of their children and create linkages to other agencies, the program will have flexibility with these proposed changes to do that in a way that best meets the needs of enrolled families as long as they are compliant with all other state and Federal laws and regulations.”The Head Start Act does not explicitly state this current rule’s guarantee of all applicable Head Start services, full participation in all activities, or the least restrictive possible environment for all enrolled children with disabilities. In fact, "least restrictive environment" and "inclusion" are not included anywhere in the Head Start Act. The NPRM is also relying on Section 504 and ADA which prohibit disability discrimination and require applciable reasonable modifications and supports.
16
Individual accommodations and modifications45 CFR § 1302.61(a)Programs must ensure the individualized needs of children with disabilities, including but not limited to those eligible for services under IDEA, are being met and all children have access to and can fully participate in the full range of activities and services. Programs must provide any necessary modifications to the environment, multiple and varied formats for instruction, and individualized accommodations and supports as necessary to support the full participation of children with disabilities. Programs must ensure all individuals with disabilities are protected from discrimination under and provided with all services and program modifications required by section 504 of the Rehabilitation Act (29 U.S.C. 794), the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and their implementing regulations.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(b)(14)–(15), 642(e)(2)(B)Head Start Act § 642(b)(14)–(15):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).
(15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2).”

Head Start Act § 642(e)(2)(B):
“(B) With the permission of the parents of children enrolled in the Head Start program, regularly communicate with the schools in which the children will enroll following the program, to—
(i) share information about such children;
(ii) collaborate with the teachers in such schools regarding professional development and instructional strategies, as appropriate; and
(iii) ensure a smooth transition to school for such children.”		N/AN/A91 FR 51270-5127191 FR 51270–71: “This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute.” The NPRM also states: “While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met...Under proposed § 1301.10 programs would continue to be held to all Federal and state requirements to support children with disabilities and the core requirements of those services do not change under the proposed regulations. That said, the proposed changes would provide programs with additional flexibility to carry out these requirements. For example, the Act requires programs to help parents become full partners in the education of their children and create linkages to other agencies, the program will have flexibility with these proposed changes to do that in a way that best meets the needs of enrolled families as long as they are compliant with all other state and Federal laws and regulations.”The Head Start Act does not directly preserve § 1302.61(a). The principal legal protections corresponding to § 1302.61(a) arise under Section 504 and the ADA. Those laws continue to prohibit disability discrimination and require applicable modifications and accommodations, but the Act does not independently preserve the HSPPS’s explicit requirements concerning the full range of Head Start activities, environmental modifications, multiple and varied instructional formats, and individualized supports.
17
Services pending IDEA eligibility45 CFR § 1302.61(b)While the local agency responsible for implementing IDEA determines a child’s eligibility, a program must provide individualized services and supports, to the maximum extent possible, to meet the child’s needs. Such additional supports may be available through a child’s health insurance or it may be appropriate or required to provide the needed services and supports under section 504 of the Rehabilitation Act ... When such supports are not available through alternate means, pending the evaluation results and eligibility determination, a program must individualize program services based on available information such as parent input and child observation and assessment data and may use program funds for these purposes.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(b)(14)–(15), 642(e)(2)(B)Head Start Act § 642(b)(14)–(15):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).
(15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2).”

Head Start Act § 642(e)(2)(B):
“(B) With the permission of the parents of children enrolled in the Head Start program, regularly communicate with the schools in which the children will enroll following the program, to—
(i) share information about such children;
(ii) collaborate with the teachers in such schools regarding professional development and instructional strategies, as appropriate; and
(iii) ensure a smooth transition to school for such children.”		§§ 640(d)(2)Head Start Act § 640(d)(1)–(3) (42 U.S.C. 9835(d)):
“(2) Such policies and procedures shall ensure the provision of early intervening services, such as educational and behavioral services and supports, to meet the needs of children with disabilities, prior to an eligibility determination under the Individuals with Disabilities Education Act.		91 FR 51270-5127191 FR 51270–71: “This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute.” The NPRM also states: “While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met...Under proposed § 1301.10 programs would continue to be held to all Federal and state requirements to support children with disabilities and the core requirements of those services do not change under the proposed regulations. That said, the proposed changes would provide programs with additional flexibility to carry out these requirements. For example, the Act requires programs to help parents become full partners in the education of their children and create linkages to other agencies, the program will have flexibility with these proposed changes to do that in a way that best meets the needs of enrolled families as long as they are compliant with all other state and Federal laws and regulations.”; also 91 FR 51270: “Additionally, the Act has multiple requirements that pertain to services with children with disabilities that will still apply to prorams. The Act requires…that programs establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services.”; also 91 FR 51271: "Furthermore, the Act requires the Secretary to establish policies and procedures that will ensure recipients provide early support services (educational and behavioral) to children who may have disabilities, before a formal IDEA eligibility determination is made."The Act preserves early intervening services before eligibility. However, it does not require supports to be individualized to the maximum extent possible, based on parent input and child data, or the allowal of use of insurance, Section 504, or Head Start funds to provide these services.
18
IFSP/IEP implementation and inclusion45 CFR § 1302.61(c)(1)(1) A program must work closely with the local agency responsible for implementing IDEA, the family, and other service partners, as appropriate, to ensure: (i) Services for a child with disabilities will be planned and delivered as required by their IFSP or IEP, as appropriate; (ii) Children are working towards the goals in their IFSP or IEP; (iii) Elements of the IFSP or IEP that the program cannot implement are implemented by other appropriate agencies, related service providers and specialists; (iv) IFSPs and IEPs are being reviewed and revised, as required by IDEA; and, (v) Services are provided in a child’s regular Head Start classroom or family child care home to the greatest extent possible.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(b)(14)–(15), 642(e)(2)(B)Head Start Act § 642(b)(14)–(15):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).
(15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2).”

Head Start Act § 642(e)(2)(B):
“(B) With the permission of the parents of children enrolled in the Head Start program, regularly communicate with the schools in which the children will enroll following the program, to—
(i) share information about such children;
(ii) collaborate with the teachers in such schools regarding professional development and instructional strategies, as appropriate; and
(iii) ensure a smooth transition to school for such children.”		§§ 640(d)(3)Head Start Act § 640(d)(1)–(3) (42 U.S.C. 9835(d)):
“(3) Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.”		91 FR 51270-5127191 FR 51270–71: “This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute.” The NPRM also states: “While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met...Under proposed § 1301.10 programs would continue to be held to all Federal and state requirements to support children with disabilities and the core requirements of those services do not change under the proposed regulations. That said, the proposed changes would provide programs with additional flexibility to carry out these requirements. For example, the Act requires programs to help parents become full partners in the education of their children and create linkages to other agencies, the program will have flexibility with these proposed changes to do that in a way that best meets the needs of enrolled families as long as they are compliant with all other state and Federal laws and regulations.”; also 91 FR 51270: “Additionally, the Act has multiple requirements that pertain to services with children with disabilities that will still apply to prorams. The Act requires…that programs establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services.”; also 91 FR 51271: "Furthermore, the Act requires the Secretary to establish policies and procedures that will ensure recipients provide early support services (educational and behavioral) to children who may have disabilities, before a formal IDEA eligibility determination is made."The cited Act text requires referral, collaboration, service provision, and coordination with the State or local agency responsible for IDEA. However, it does not require Head Start programs to verify that IFSP/IEP services are delivered, monitor progress toward goals, address services the program cannot provide, ensure plans are reviewed, or provide services in the regular Head Start setting whenever possible.
19
Disability-specific transitions45 CFR § 1302.61(c)(2)(2) A program must plan and implement the transition services described in subpart G of this part, including at a minimum: (i) For children with an IFSP who are transitioning out of Early Head Start, collaborate with the parents, and the local agency responsible for implementing IDEA, to ensure appropriate steps are undertaken in a timely and appropriate manner to determine the child’s eligibility for services under Part B of IDEA; and, (ii) For children with an IEP who are transitioning out of Head Start Preschool to kindergarten, collaborate with the parents, and the local agency responsible for implementing IDEA, to ensure steps are undertaken in a timely and appropriate manner to support the child and family as they transition to a new setting.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(b)(14)–(15), 642(e)(2)(B)Head Start Act § 642(b)(14)–(15):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).
(15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2).”

Head Start Act § 642(e)(2)(B):
“(B) With the permission of the parents of children enrolled in the Head Start program, regularly communicate with the schools in which the children will enroll following the program, to—
(i) share information about such children;
(ii) collaborate with the teachers in such schools regarding professional development and instructional strategies, as appropriate; and
(iii) ensure a smooth transition to school for such children.”		§§ 642A; 645A(b)(8), (11)Head Start Act § 642A(a)(1)–(6) (42 U.S.C. 9837a(a))—verbatim excerpt:
“Each Head Start agency shall take steps to coordinate with the local educational agency serving the community involved and with schools in which children participating in a Head Start program operated by such agency will enroll following such program to promote continuity of services and effective transitions, including—
(1) developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which such child will enroll;
(2) establishing ongoing channels of communication between Head Start staff and their counterparts in the schools … to facilitate coordination of programs;
…
(5) establishing comprehensive transition policies and procedures that support children transitioning to school, including by engaging the local educational agency in the establishment of such policies;
(6) conducting outreach to parents and elementary school (such as kindergarten) teachers to discuss the educational, developmental, and other needs of individual children.”

Head Start Act § 645A(b)(8), (11) (42 U.S.C. 9840a(b))—verbatim excerpts:
“(8) develop and implement a systematic procedure for transitioning children and parents from an Early Head Start program to a Head Start program or other local early childhood education and development program;”
…
“(11) ensure formal linkages with providers of early intervention services for infants and toddlers with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), with the State interagency coordinating council, as established in part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and with the agency responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a);”		91 FR 5127291 FR 51272: “In summary, this NPRM proposes to remove regulations on transition
services that are largely duplicative of
requirements outlined in the Act. The
Act includes specific, detailed
requirements about supporting families
transitioning to kindergarten. The
requirements in the Act regarding
supporting children transitioning from
Early Head Start to Head Start and from
Head Start to other early childhood
programs are less restrictive than the
requirements in the current regulations
which give programs more flexibility
and reduces administrative burden. ”		The Act preserves general transition procedures from Early Head Start to Head Start and into kindergarten, formal linkages with early-intervention providers, communication with receiving schools, and coordination with IDEA agencies. However, it does not specifically require Head Start to work with parents and the IDEA agency on timely Part B eligibility steps or individualized transition support for children with IFSPs or IEPs.
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Parent support and advocacy for all children with disabilities45 CFR § 1302.62(a)(a) Parents of all children with disabilities. (1) A program must collaborate with parents of children with disabilities, including but not limited to children eligible for services under IDEA, to ensure the needs of their children are being met, including support to help parents become advocates for services that meet their children’s needs and information and skills to help parents understand their child’s disability and how to best support the child’s development; (2) A program must assist parents to access services and resources for their family, including securing adaptive equipment and devices and supports available through a child’s health insurance or other entities, creating linkages to family support programs, and helping parents establish eligibility for additional support programs, as needed and practicable.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(b)Head Start Act § 642(b)—Family and Community Involvement; Family Services: “
(b) FAMILY AND COMMUNITY INVOLVEMENT; FAMILY SERVICES.—To be so designated, a Head Start agency shall, at a minimum, do all the following to involve and serve families and communities: (1) Provide for the regular and direct participation of parents and community residents in the implementation of the Head Start program, including decisions that influence the character of such program, consistent with paragraphs (2)(D) and (3)(C) of subsection (c). (2) Seek the involvement of parents, community residents, and local business in the design and implementation of the program. (3) Establish effective procedures—(A) to facilitate and seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children; and (B) to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level, including transportation assistance as appropriate. (4) Offer (directly or through referral to local entities, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.), public and school libraries, and entities carrying out family support programs) to such parents—(A) family literacy services; and (B) parenting skills training. (5) Offer to parents of participating children substance abuse counseling (either directly or through referral to local entities), if needed, including information on the effect of drug exposure on infants and fetal alcohol syndrome. (6) At the option of such agency, offer (directly or through referral to local entities) to such parents—(A) training in basic child development (including cognitive, social, and emotional development); (B) assistance in developing literacy and communication skills; (C) opportunities to share experiences with other parents (including parent-mentor relationships); (D) health services, including information on maternal depression; (E) regular in-home visitation; or (F) any other activity designed to help such parents become full partners in the education of their children. (7) Provide, with respect to each participating family, a family needs assessment that includes consultation with such parents (including foster parents, grandparents, and kinship caregivers, where applicable), in a manner and language that such parents can understand (to the extent practicable), about the benefits of parent involvement and about the activities described in this subsection in which such parents may choose to be involved (taking into consideration their specific family needs, work schedules, and other responsibilities). (8) Consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources. (9) Perform community outreach to encourage individuals previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers. (10)(A) Inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this subchapter about the availability of child support services for purposes of establishing paternity and acquiring child support. (B) Refer eligible parents to the child support offices of State and local governments. (11) Provide to parents of limited English proficient children outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. (12) Provide technical and other support needed to enable parents and community residents to secure, on their own behalf, available assistance from public and private sources. (13) Promote the continued involvement of the parents (including foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in Head Start programs in the education of their children upon transition of their children to school, by working with the local educational agency—(A) to provide training to the parents—(i) to inform the parents about their rights and responsibilities concerning the education of their children; and (ii) to enable the parents—(I) to understand and work with schools in order to communicate with teachers and other school personnel; (II) to support the schoolwork of their children; and (III) to participate as appropriate in decisions relating to the education of their children; and (B) to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. (14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3). (15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2). (16) At the option of the Head Start agency, partner with an institution of higher education and a nonprofit organization to provide college students with the opportunity to serve as mentors or reading partners for Head Start participants.”		N/AN/A91 FR 5126991 FR 51269 — "Accordingly, while the proposed rule would remove hyper specific regulations..., core statutory requirements concerning parent involvement and governance under the Act will remain, but with much greater discretion and control on the part of local programs to implement the requirements as they and the families they serve see fit."Section 642(b) requires general parent involvement, family-needs assessment, and assistance connecting families with available resources. However, it does not preserve § 1302.62(a)’s affirmative, disability-specific responsibility to work with families to ensure their child’s needs are met. Programs would no longer be expressly required to help parents understand their child’s disability, build advocacy skills, secure adaptive equipment, navigate insurance and other service systems, connect with family-support programs, or establish eligibility for additional benefits. Relying only on the Act could shift more responsibility to families to identify, navigate, and obtain these supports themselves.
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Parent participation in IDEA45 CFR § 1302.62(b)(b) For parents of children eligible for services under IDEA, a program must also help parents: (1) Understand the referral, evaluation, and service timelines required under IDEA; (2) Actively participate in the eligibility process and IFSP or IEP development process with the local agency responsible for implementing IDEA, including by informing parents of their right to invite the program to participate in all meetings; (3) Understand the purposes and results of evaluations and services provided under an IFSP or IEP; and, (4) Ensure their children’s needs are accurately identified in, and addressed through, the IFSP or IEP.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(b)Head Start Act § 642(b)—Family and Community Involvement; Family Services: “
(b) FAMILY AND COMMUNITY INVOLVEMENT; FAMILY SERVICES.—To be so designated, a Head Start agency shall, at a minimum, do all the following to involve and serve families and communities: (1) Provide for the regular and direct participation of parents and community residents in the implementation of the Head Start program, including decisions that influence the character of such program, consistent with paragraphs (2)(D) and (3)(C) of subsection (c). (2) Seek the involvement of parents, community residents, and local business in the design and implementation of the program. (3) Establish effective procedures—(A) to facilitate and seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children; and (B) to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level, including transportation assistance as appropriate. (4) Offer (directly or through referral to local entities, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.), public and school libraries, and entities carrying out family support programs) to such parents—(A) family literacy services; and (B) parenting skills training. (5) Offer to parents of participating children substance abuse counseling (either directly or through referral to local entities), if needed, including information on the effect of drug exposure on infants and fetal alcohol syndrome. (6) At the option of such agency, offer (directly or through referral to local entities) to such parents—(A) training in basic child development (including cognitive, social, and emotional development); (B) assistance in developing literacy and communication skills; (C) opportunities to share experiences with other parents (including parent-mentor relationships); (D) health services, including information on maternal depression; (E) regular in-home visitation; or (F) any other activity designed to help such parents become full partners in the education of their children. (7) Provide, with respect to each participating family, a family needs assessment that includes consultation with such parents (including foster parents, grandparents, and kinship caregivers, where applicable), in a manner and language that such parents can understand (to the extent practicable), about the benefits of parent involvement and about the activities described in this subsection in which such parents may choose to be involved (taking into consideration their specific family needs, work schedules, and other responsibilities). (8) Consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources. (9) Perform community outreach to encourage individuals previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers. (10)(A) Inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this subchapter about the availability of child support services for purposes of establishing paternity and acquiring child support. (B) Refer eligible parents to the child support offices of State and local governments. (11) Provide to parents of limited English proficient children outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. (12) Provide technical and other support needed to enable parents and community residents to secure, on their own behalf, available assistance from public and private sources. (13) Promote the continued involvement of the parents (including foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in Head Start programs in the education of their children upon transition of their children to school, by working with the local educational agency—(A) to provide training to the parents—(i) to inform the parents about their rights and responsibilities concerning the education of their children; and (ii) to enable the parents—(I) to understand and work with schools in order to communicate with teachers and other school personnel; (II) to support the schoolwork of their children; and (III) to participate as appropriate in decisions relating to the education of their children; and (B) to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. (14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3). (15) Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2). (16) At the option of the Head Start agency, partner with an institution of higher education and a nonprofit organization to provide college students with the opportunity to serve as mentors or reading partners for Head Start participants.”		N/AN/A91 FR 5126991 FR 51269 — "Accordingly, while the proposed rule would remove hyper specific regulations..., core statutory requirements concerning parent involvement and governance under the Act will remain, but with much greater discretion and control on the part of local programs to implement the requirements as they and the families they serve see fit."The cited Head Start Act text does not expressly require Head Start programs to provide these forms of parent assistance: explaining IDEA timelines; supporting participation in eligibility and IFSP/IEP development; informing parents of their right to invite Head Start to IFSP/IEP meetings; helping parents understand evaluation results and services; and ensuring children’s needs are accurately addressed in their plans. Although parents retain rights under IDEA, the proposed rule would eliminate Head Start’s current affirmative duty to help families understand and exercise those rights.
22
IDEA Child Find and interagency agreements45 CFR § 1302.63(a)–(b)(a) A program must coordinate with the local agency responsible for implementing IDEA to identify children enrolled or who intend to enroll in a program that may be eligible for services under IDEA, including through the process described in §1302.33(a)(3) and through participation in the local agency Child Find efforts.
(b) A program must work to develop interagency agreements with the local agency responsible for implementing IDEA to improve service delivery to children eligible for services under IDEA, including the referral and evaluation process, service coordination, promotion of service provision in the least restrictive appropriate community-based setting and reduction in dual enrollment which causes reduced time in a less restrictive setting, and transition services as children move from services provided under Part C of IDEA to services provided under Part B of IDEA and from preschool to kindergarten.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(e)(3)Head Start Act § 642(e)(3):
“(3) Coordinate activities and collaborate with programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the agencies responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) and parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), programs under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.), programs under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and other entities providing early childhood education and development programs or services, serving the children and families served by the Head Start agency.”		§§ 640(d)(3), 642(b)(14)Head Start Act § 640(d)(3) (42 U.S.C. 9835(d)):
“(3) Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.”

Head Start Act § 642(b)(14)–(15) (42 U.S.C. 9837(b)):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).”		91 FR 51270-5127191 FR 51270–71: “This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute.” The NPRM also states: “While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met.”The Act preserves general coordination with IDEA programs, timely referral, and collaboration with the responsible IDEA agency. However, it does not require Head Start programs to participate in Child Find or coordinate with IDEA agencies to identify potentially IDEA-eligible children who are enrolled in or planning to enroll in Head Start. It also does not require programs to develop interagency agreements addressing referral, evaluation, service coordination, disability-specific transitions, promotion of services in the least restrictive appropriate community-based setting, or reduction of dual enrollment that limits children’s time in a less restrictive setting. Those detailed coordination duties would be lost.
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Participation in IFSP/IEP meetings and records45 CFR § 1302.63(c)–(d)(c) A program must participate in the development of the IFSP or IEP if requested by the child’s parents, and the implementation of the IFSP or IEP. At a minimum, the program must offer: (1) To provide relevant information from its screenings, assessments, and observations to the team developing a child’s IFSP or IEP; and, (2) To participate in meetings with the local agency responsible for implementing IDEA to develop or review an IEP or IFSP for a child being considered for Head Start enrollment, a currently enrolled child, or a child transitioning from a program.
(d) A program must retain a copy of the IEP or IFSP for any child enrolled in Head Start for the time the child is in the program, consistent with the IDEA requirements in 34 CFR parts 300 and 303.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 642(e)(3)Head Start Act § 642(e)(3):
“(3) Coordinate activities and collaborate with programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the agencies responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) and parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), programs under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.), programs under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and other entities providing early childhood education and development programs or services, serving the children and families served by the Head Start agency.”		§§ 640(d)(3), 642(b)(14)Head Start Act § 640(d)(3) (42 U.S.C. 9835(d)):
“(3) Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.”

Head Start Act § 642(b)(14)–(15) (42 U.S.C. 9837(b)):
“(14) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).”		91 FR 51270-5127191 FR 51270–71: “This Section is proposed to replace Part 1302 Subpart F of the current Performance Standards. This proposal is intended to reduce duplication of regulations while still maintaining the protection required for children with disabilities in statute.” The NPRM also states: “While these requirements are no longer specified in the proposed regulations, if this proposed rule becomes final, the Secretary would issue policies and procedures to ensure these requirements are met.”The Act preserves timely referral and general collaboration with IDEA agencies. However, it does not require Head Start programs to participate in IFSP/IEP development and implementation when requested by parents, share screening, assessment, and observation information, attend plan-development or review meetings, or retain a copy of each enrolled child’s IFSP or IEP. Those specific participation and recordkeeping duties would be lost.
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Transition from Early Head Start45 CFR § 1302.70(b), (e)(b) To ensure the most appropriate placement and service following participation in Early Head Start, such programs must, at least six months prior to each child’s third birthday, implement transition planning for each child and family that: (1) Takes into account the child’s developmental level and health and disability status … and the availability of … services … that will meet the needs of the child and family; and (2) Transitions the child … as soon as possible after the child’s third birthday but permits the child to remain in Early Head Start for a limited number of additional months … if necessary for an appropriate transition.
(e) A program must provide additional transition services for children with an IFSP, at a minimum, as described in subpart F of this part.		Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposedNPRM cites all of § 645A, but for clarity, the text included here is Head Start Act § 645A(b)(5) and (7)–(11)“(5) coordinate services with services provided by programs in the State (including home-based services) and programs in the community (including programs for infants and toddlers with disabilities and programs for homeless infants and toddlers) to ensure a comprehensive array of services (such as health and mental health services and family support services);...
(7) ensure formal linkages with local Head Start programs in order to provide for continuity of services for children and families;
(8) develop and implement a systematic procedure for transitioning children and parents from an Early Head Start program to a Head Start program or other local early childhood education and development program;
(9) establish channels of communication between staff of the Early Head Start program, and staff of a Head Start program or other local providers of early childhood education and development programs, to facilitate the coordination of programs;
(10) in the case of a Head Start agency that operates a program and that also provides Head Start services through the age of mandatory school attendance, ensure that children and families participating in the program receive such services through such age;
(11) ensure formal linkages with providers of early intervention services for infants and toddlers with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), with the State interagency coordinating council, as established in part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and with the agency responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a);”		N/AN/A91 FR 5127291 FR 51272: “In summary, this NPRM proposes to remove regulations on transition
services that are largely duplicative of
requirements outlined in the Act. The
Act includes specific, detailed
requirements about supporting families
transitioning to kindergarten. The
requirements in the Act regarding
supporting children transitioning from
Early Head Start to Head Start and from
Head Start to other early childhood
programs are less restrictive than the
requirements in the current regulations
which give programs more flexibility
and reduces administrative burden. ”		Section 645A preserves general requirements for Early Head Start programs to establish transition procedures and maintain linkages with early-intervention providers. However, it does not preserve the individualized, disability-responsive protections in § 1302.70(b) and (e). Removing these provisions would eliminate the explicit requirements to consider each child’s disability status and service needs when selecting a placement, begin transition planning at least six months before the child turns three, allow additional time in Early Head Start when needed for an appropriate transition, and provide children with IFSPs the additional transition supports required under Subpart F. Children with disabilities could therefore face less coordinated transitions, service gaps, or placement in programs that are not prepared to meet their needs.
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Disability services management qualification45 CFR § 1302.91(d)(1)Family, health, and disabilities management. A program must ensure staff responsible for management and oversight of family services, health services, and services to children with disabilities hired after November 7, 2016 have, at a minimum, a baccalaureate degree, preferably related to one or more of the disciplines they oversee.Removed, but NPRM claims some or all current requirements remain in the ActNo replacement proposedNo replacement proposed§ 645A(h); 648A(a); 645A(i); 648A(c)Head Start Act § 645A(h) “(h) CENTER-BASED STAFF.—The Secretary shall— (1) ensure that, not later than September 30, 2010, all teachers providing direct services to children and families participating in Early Head Start programs located in Early Head Start centers, have a minimum of a child development associate credential, and have been trained (or have equivalent coursework) in early childhood development; and (2) establish staff qualification goals to ensure that not later than September 30, 2012, all such teachers have been trained (or have equivalent coursework) in early childhood development with a focus on infant and toddler development.” ### Head Start Act § 648A(a) “(a) CLASSROOM TEACHERS.— (1) PROFESSIONAL REQUIREMENTS.—The Secretary shall ensure that each Head Start classroom in a center-based program is assigned 1 teacher who has demonstrated competency to perform functions that include— (A) planning and implementing learning experiences that advance the intellectual and physical development of children, including improving the readiness of children for school by developing their literacy, phonemic, and print awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, their problem-solving abilities, and their approaches to learning; (B) establishing and maintaining a safe, healthy learning environment; (C) supporting the social and emotional development of children; and (D) encouraging the involvement of the families of the children in a Head Start program and supporting the development of relationships between children and their families. (2) DEGREE REQUIREMENTS.— (A) HEAD START TEACHERS.—The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of Head Start teachers nationwide in center-based programs have— (i) a baccalaureate or advanced degree in early childhood education; or (ii) a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children. (B) ADDITIONAL STAFF.—The Secretary shall ensure that, not later than September 30, 2013, all— (i) Head Start education coordinators, including those that serve as curriculum specialists, nationwide in center-based programs— (I) have the capacity to offer assistance to other teachers in the implementation and adaptation of curricula to the group and individual needs of children in a Head Start classroom; and (II) have— (aa) a baccalaureate or advanced degree in early childhood education; or (bb) a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; and (ii) Head Start teaching assistants nationwide in center-based programs have— (I) at least a child development associate credential; (II) enrolled in a program leading to an associate or baccalaureate degree; or (III) enrolled in a child development associate credential program to be completed within 2 years. (C) PROGRESS.— (i) IMPLEMENTATION.—The Secretary shall— (I) require Head Start agencies to— (aa) describe continuing progress each year toward achieving the goals described in subparagraphs (A) and (B); and (bb) annually submit to the Secretary a report indicating the number and percentage of classroom personnel described in subparagraphs (A) and (B) in center-based programs with child development associate credentials or associate, baccalaureate, or advanced degrees; (II) compile and submit a summary of all program reports described in subclause (I)(bb) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (III) not impose any penalties or sanctions on any individual Head Start agency, program, or staff in the monitoring of local agencies and programs under this subchapter not meeting the requirements of subparagraph (A) or (B). (D) CONSTRUCTION.—In this paragraph a reference to a Head Start agency, or its program, services, facility, or personnel, shall not be considered to be a reference to an Early Head Start agency, or its program, services, facility, or personnel. (3) ALTERNATIVE CREDENTIALING AND DEGREE REQUIREMENTS.—The Secretary shall ensure that, for center-based programs, each Head Start classroom that does not have a teacher who meets the qualifications described in clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has the following during the period specified: (A) Through September 30, 2011— (i) a child development associate credential that is appropriate to the age of children being served in center-based programs; (ii) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential; (iii) an associate degree in early childhood education; (iv) an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or (v) a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America’s professional staff. (B) As of October 1, 2011— (i) an associate degree in early childhood education; (ii) an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or (iii) a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America’s professional staff. (4) WAIVER.—On request, the Secretary shall grant— (A) through September 30, 2011, a 180-day waiver ending on or before September 30, 2011, of the requirements of paragraph (3)(A) for a Head Start agency that can demonstrate that the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in any of clauses (i) through (iv) of paragraph (3)(A) with respect to an individual who— (i) is enrolled in a program that grants a credential, certificate, or degree described in clauses (i) through (iv) of paragraph (3)(A); and (ii) will receive such credential, certificate, or degree under the terms of such program not later than 180 days after beginning employment as a teacher with such agency; and (B) as of October 1, 2011, a 3-year waiver of the requirements of paragraph (3)(B) for a Head Start agency that can demonstrate that— (i) the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in clause (i) or (ii) of such paragraph, with respect to an individual who is enrolled in a program that grants a degree described in clause (i) or (ii) of such paragraph and will receive such degree in a reasonable time; and (ii) each Head Start classroom has a teacher who has, at a minimum— (I) a child development associate credential that is appropriate to the age of children being served in center-based programs; or (II) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential. (5) TEACHER IN-SERVICE REQUIREMENT.—Each Head Start teacher shall attend not less than 15 clock hours of professional development per year. Such professional development shall be high-quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom, and regularly evaluated by the program for effectiveness. (6) SERVICE REQUIREMENTS.—The Secretary shall establish requirements to ensure that, in order to enable Head Start agencies to comply with the requirements of paragraph (2)(A), individuals who receive financial assistance under this subchapter to pursue a degree described in paragraph (2)(A) shall— (A) teach or work in a Head Start program for a minimum of 3 years after receiving the degree; or (B) repay the total or a prorated amount of the financial assistance received based on the length of service completed after receiving the degree. (7) USE OF FUNDS.—The Secretary shall require that any Federal funds provided directly or indirectly to comply with paragraph (2)(A) shall be used toward degrees awarded by an institution of higher education, as defined by section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002).” ### Head Start Act § 645A(i) “(i) STAFF QUALIFICATIONS AND DEVELOPMENT.— (1) HOME VISITOR STAFF STANDARDS.—In order to further enhance the quality of home visiting services provided to families of children participating in home-based, center-based, or combination program options under this subchapter, the Secretary shall establish standards for training, qualifications, and the conduct of home visits for home visitor staff in Early Head Start programs. (2) CONTENTS OF STANDARDS.—The standards for training, qualifications, and the conduct of home visits shall include content related to— (A) structured child-focused home visiting that promotes parents’ ability to support the child’s cognitive, social, emotional, and physical development; (B) effective strengths-based parent education, including methods to encourage parents as their child’s first teachers; (C) early childhood development with respect to children from birth through age 3; (D) methods to help parents promote emergent literacy in their children from birth through age 3, including use of research-based strategies to support the development of literacy and language skills for children who are limited English proficient; (E) ascertaining what health and developmental services the family receives and working with providers of these services to eliminate gaps in service by offering annual health, vision, hearing, and developmental screening for children from birth to entry into kindergarten, when needed; (F) strategies for helping families coping with crisis; and (G) the relationship of health and well-being of pregnant women to prenatal and early child development.” ### Head Start Act § 648A(c) “(c) FAMILY SERVICE WORKERS.—To improve the quality and effectiveness of staff providing in-home and other services (including needs assessment, development of service plans, family advocacy, and coordination of service delivery) to families of children participating in Head Start programs, the Secretary, in coordination with concerned public and private agencies and organizations examining the issues of standards and training for family service workers, shall— (1) review and, as necessary, revise or develop new qualification standards for Head Start staff providing such services; (2) review, and as necessary, revise or develop maximum caseload requirements, as suggested by best practices; (3) promote the development of model curricula (on subjects including parenting training and family literacy) designed to ensure the attainment of appropriate competencies by individuals working or planning to work in the field of early childhood and family services; (4) promote the establishment of a credential that indicates attainment of the competencies and that is accepted nationwide; and (5) promote the use of appropriate strategies to meet the needs of special populations (including populations of limited English proficient children).”N/AN/A91 FR 51274; 5129491 FR 51274 — "In general, education requirements of classroom staff are not strongly related to quality or child outcomes; research finds that increased qualifications do not consistently correlate to better child outcomes.9 There is not significant or meaningful research on educational requirements of other staff roles and their relationship to quality or child outcomes. Upon further consideration, ACF believes that these non-statutory qualification requirements unnecessarily restrict grant recipients’ ability to recruit and retain qualified staff and may limit programs’ ability to respond to local workforce conditions and community needs. ACF now believes that, for positions not subject to qualification requirements in statute, grant recipients are better positioned to determine the combination of education, training, experience, competencies, and other qualifications necessary for effective service delivery. Removing these requirements will reduce barriers to hiring, expand the pool of qualified candidates, and provide important flexibilities for programs to determine the needed qualifications for staff positions and return qualifications to what Congress authorized in the Act."

91 FR 51294 models savings associated with removing the qualification.		The cited Act provisions establish qualifications or competency expectations for Early Head Start teachers, Head Start teachers and education coordinators, home visitors, and family service workers. None applies specifically to staff responsible for managing and overseeing disability, health, and family services. Section 648A(c) is the closest: it directs the Secretary to develop qualification standards for staff providing family services, but it does not expressly cover management staff, health or disability services, or require a bachelor’s degree. Therefore, removing § 1302.91(d)(1) would eliminate the explicit requirement that managers overseeing services for children with disabilities have at least a bachelor’s degree, preferably in a discipline they oversee.
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Accessible transportation45 CFR § 1303.75 (a)(a) A program must ensure there are school buses or allowable alternate vehicles adapted or designed for transportation of children with disabilities available as necessary to transport such children enrolled in the program. This requirement does not apply to the transportation of children receiving home-based services unless school buses or allowable alternate vehicles are used to transport the other children served under the home-based option by the grant recipient. Whenever possible, children with disabilities must be transported in the same vehicles used to transport other children enrolled in the Head Start program.RemovedNo replacement proposedNo replacement proposed§ 642(e)(4)(A)Head Start Act § 642(e)(4)(A) (42 U.S.C. 9837(e)):
“Take steps to coordinate activities with the local educational agency serving the community involved and with schools in which children participating in the Head Start program will enroll following the program, including—
(A) collaborating on the shared use of transportation and facilities, in appropriate cases;”		N/AN/A91 FR 5127091 FR 51270 — "While the proposed rule would remove Federal requirements currently found in § 1302.47 (safety practices) and §§ 1303.70-1303.75 (transportation) because they are duplicative with state and local requirements. The Act requires programs to collaborate on the shared use of transportation and facilities with the Local Education Agency, in appropriate cases (Sec. (642(e)(4)(A))."Section 642(e)(4)(A) requires Head Start agencies to collaborate with local educational agencies and schools on shared transportation and facilities “in appropriate cases.” It does not require programs to have adapted vehicles available when needed to transport children with disabilities or to transport children with disabilities in the same vehicles as other enrolled children whenever possible. Removing § 1303.75(a) would eliminate these explicit accessibility and inclusion requirements from the HSPPS.
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IEP/IFSP transportation requirements45 CFR § 1303.75(b)A program must ensure special transportation requirements in a child’s IEP or IFSP are followed, including special pick-up and drop-off requirements, seating requirements, equipment needs, any assistance that may be required, and any necessary training for bus drivers and monitors.RemovedNo replacement proposedNo replacement proposed§ 642(e)(4)(A)Head Start Act § 642(e)(4)(A) (42 U.S.C. 9837(e)):
“Take steps to coordinate activities with the local educational agency serving the community involved and with schools in which children participating in the Head Start program will enroll following the program, including—
(A) collaborating on the shared use of transportation and facilities, in appropriate cases;”		N/AN/A91 FR 5127091 FR 51270 — "While the proposed rule would remove Federal requirements currently found in § 1302.47 (safety practices) and §§ 1303.70-1303.75 (transportation) because they are duplicative with state and local requirements. The Act requires programs to collaborate on the shared use of transportation and facilities with the Local Education Agency, in appropriate cases (Sec. (642(e)(4)(A))."Section 642(e)(4)(A) addresses general collaboration on shared transportation; it does not require a Head Start program to follow the transportation requirements in an individual child’s IEP or IFSP. Removing § 1303.75(b) would eliminate the explicit Head Start requirement to implement each child’s specified pick-up, drop-off, seating, equipment, assistance, and driver or monitor training needs. Other disability laws may apply, but the cited Act provision does not preserve these duties.
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Ratios and group size45 CFR § 1302.21(b)(2)–(4)(2) An Early Head Start or Migrant or Seasonal Head Start class that serves children under 36 months old must have two teachers with no more than eight children, or three teachers with no more than nine children. Each teacher must be assigned consistent, primary responsibility for no more than four children to promote continuity of care for individual children. A program must minimize teacher changes throughout a child’s enrollment, whenever possible, and consider mixed age group classes to support continuity of care.
(3) A class that serves a majority of children who are three years old must have no more than 17 children with a teacher and teaching assistant or two teachers. A double session class that serves a majority of children who are three years old must have no more than 15 children with a teacher and teaching assistant or two teachers.
(4) A class that serves a majority of children who are four and five years old must have no more than 20 children with a teacher and a teaching assistant or two teachers. A double session class that serves a majority of children who are four and five years old must have no more than 17 children with a teacher and a teaching assistant or two teachers.		Replaced with state/local/CCDF floor§ 1301.05§ 1301.05 Group size and ratio.
A Head Start program must establish and publish both a maximum group size and a ratio of children to staff that is consistent with applicable state and local laws and Child Care and Development Fund regulations. The published group size and ratio must be in a location and format visible to parents.		§ 640(k)(1)Head Start Act § 640(k)(1):
“(1) The Secretary shall allow center-based Head Start programs the flexibility to satisfy the total number of hours of service required by the regulations in effect on May 18, 1994, to be provided to children in Head Start programs so long as such agencies do not—(A) provide less than 3 hours of service per day; (B) reduce the number of days of service per week; or (C) reduce the number of days of service per year.”		N/AN/A91 FR 51266-51267; 5131091 FR 51266-51267: “The proposed regulations for group size and ratio (§ 1301.05) would require Head Start programs to establish and publish both a maximum group size and a ratio of children to staff that is consistent with applicable state and local laws and Child Care and Development Fund regulations. The published group size and ratio must be in a location and format visible to parents. Research indicates that staff-child ratios in early care and education settings demonstrates that state child care licensing regulations provide adequate supervision to protect children’s health and safety while supporting normal developmental progress. Research has found few, if any consistent or statistically significant associations between child-staff ratios (within the ranges permitted under state licensing standards) and children’s cognitive, language, or social emotional outcomes.3 Therefore, the proposed regulations would replace Federally mandated staff-to-child ratios and group-size limits with state-established minimum standards that programs have the flexibility to either follow or remain more stringent. Group size and ratio requirements are currently established only in regulation. The Performance Standards establish different group size and teacher-child ratio requirements for center-based Head Start Preschool (current § 1302.21(b)(3) and (b)(4)), center-based Early Head Start (current § 1302.21(b)(2)), and family child care (current § 1302.23(b)). Ratios and group sizes are currently differentiated within program option type depending on the age of children served. Because the Act does not prescribe specific group size or staff-to-child ratios, the proposed regulations would effectively rescind the current requirements in the Performance Standards, and Head Start programs would no longer be required to adhere to these requirements. Rather, they would be required to maintain a group size and a ratio of children to staff that is consistent with applicable state and local licensing laws and Child Care and Development Fund regulations. Currently, the Head Start ratio requirements are more restrictive than any state in the nation for three of the four categories of ratio requirements specified in the current performance standards, and in the remaining category, the ratio is more restrictive than every state other than Vermont and Massachusetts. Requirements are similarly more restrictive for group size, where the current Head Start regulations are more restrictive than every state in the nation for three of the four specified group size categories. The remaining category has a more stringent requirement for group size than every state other than Vermont. Thus, programs in all 50 states would be given the opportunity to serve more children if the program chose to do so, but programs would still have the right to remain at the current thresholds. Additionally, programs would be required to publish the group size and ratio in a location and format visible to parents. Collectively, these proposed changes would allow programs to defer to state licensing laws for group size and ratios. This proposed change allows programs to align with the state and local requirements on ratios and groups sizes that are best for their communities. Public posting of this information would support transparency for parents in their selection of the best early education arrangement for their child. HHS acknowledges that the current ratio and group size requirements were adopted to promote child safety, support effective supervision and teacher-child interactions, and foster high-quality early learning environments. HHS continues to recognize the importance of these objectives and the research supporting them. However, the specific numerical thresholds currently prescribed in the Performance Standards were established decades ago based on the research and policy considerations available at that time. Since then, state early childhood systems have evolved significantly, including through more robust licensing and oversight requirements. HHS has therefore reconsidered whether a single set of Federally prescribed ratio and group size thresholds is necessary to achieve these objectives in all program settings across the country. While HHS continues to recognize the benefits associated with smaller group sizes and lower staff-child ratios, HHS has determined that a single Federally mandated approach may unnecessarily limit program capacity and local flexibility. HHS notes that the current requirements are more restrictive than those applicable in nearly all state early childhood systems, and programs remain subject to applicable state and local requirements."

91 FR 51310: "Additionally, the removal of
prescribed group size and ratio
requirements could result in children
receiving less individualized attention
from teaching staff. Ultimately, the
impact of these changes will vary and
depend on program-level decisions, and
local regulatory contexts and are
therefore not separately quantified."		Head Start Act § 640(k)(1) addresses only the minimum duration of center-based Head Start services; it does not establish staff-child ratios or maximum group sizes. It therefore does not preserve § 1302.21(b)(2)–(4), which limits infant and toddler classes to eight or nine children, assigns each teacher primary responsibility for no more than four children, promotes continuity of care, and caps preschool classes based on children’s ages and program format. Removing these provisions would eliminate the federal Head Start-specific class-size and staffing protections, potentially resulting in larger groups and less individualized adult support—including for children with disabilities who may require additional assistance to participate safely and fully. State or local licensing requirements may still apply, but they vary and are not a substitute within the Head Start Act.
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