Subpart
A—General
1304.1
Purpose and scope.
1304.2
Effective date.
1304.3
Definitions.
Subpart
B—Early Childhood Development and Health Services
1304.20
Child health and developmental services.
1304.21
Education and early childhood development.
1304.22
Child health and safety.
1304.23
Child nutrition.
1304.24
Child mental health.
Subpart
C—Family and Community Partnerships
1304.40
Family partnerships.
1304.41
Community partnerships.
Subpart
D—Program Design and Management
1304.50
Program governance.
1304.51
Management systems and procedures.
1304.52
Human resources management.
1304.53
Facilities, materials, and equipment.
Subpart
E—Implementation and Enforcement
1304.60
Deficiencies and quality improvement plans.
1304.61
Noncompliance.
AUTHORITY:
42 U.S.C. 9801 et seq.
SOURCE:
61 FR 57210, Nov. 5, 1996, unless otherwise noted.
§
1304.1 Purpose and scope.
This
part describes regulations implementing sections 641A, 644(a)
and (c), and 645A(h) of the Head Start Act, as amended (42
U.S.C. 9801 et seq.). Section 641A, paragraph (a)(3)(C) directs
the Secretary of Health and Human Services to review and
revise, as necessary, the Head Start Program Performance
Standards in effect under prior law. This paragraph further
provides that any revisions should not result in an elimination
or reduction of requirements regarding the scope or types of
Head Start services to a level below that of the requirements
in effect on November 2, 1978. Section 641A(a) directs the
Secretary to issue regulations establishing performance
standards and minimum requirements with respect to health,
education, parent involvement, nutrition, social, transition,
and other Head Start services as well as administrative and
financial management, facilities, and other appropriate program
areas. Sections 644(a) and (c) require the issuance of
regulations setting standards for the organization, management,
and administration of Head Start programs. Section 645A(h)
requires that the Secretary develop and publish performance
standards for the newly authorized program for low-income
pregnant women and families with infants and toddlers, entitled
"Early Head Start.'' The following regulations respond to
these provisions in the Head Start Act, as amended, for new or
revised Head Start Program Performance Standards. These new
regulations define standards and minimum requirements for the
entire range of Early Head Start and Head Start services,
including those specified in the authorizing legislation. They
are applicable to both Head Start and Early Head Start
programs, with the exceptions noted, and are to be used in
conjunction with the regulations at 45 CFR parts 1301, 1302,
1303, 1305, 1306, and 1308.
§
1304.2 Effective date.
Early
Head Start and Head Start grantee and delegate agencies must
comply with these requirements on January 1, 1998. Nothing in
this part prohibits grantee or delegate agencies from
voluntarily complying with these regulations prior to the
effective date.
§
1304.3 Definitions.
(a)
As used in this part:
(1)
Assessment
means
the ongoing procedures used by appropriate qualified personnel
throughout the period of a child's eligibility to identify:
(i)
The child's unique strengths and needs and the services
appropriate to meet those needs; and
(ii)
The resources, priorities, and concerns of the family and the
supports and services necessary to enhance the family's
capacity to meet the developmental needs of their child.
(2)
Children
with disabilities,
Children with disabilities means, for children ages 3 to
5, those with mental retardation, hearing impairments including
deafness, speech or language impairments, visual impairments
including blindness, serious emotional disturbance, orthopedic
impairments, autism, traumatic brain injury, other health
impairments, specific learning disabilities, deaf-blindness, or
multiple disabilities, and who, by reason thereof, need special
education and related services. The term "children with
disabilities" for children aged 3 to 5, inclusive, may, at
a State's discretion, include children experiencing
developmental delays, as defined by the State and as measured
by appropriate diagnostic instruments and procedures, in one or
more of the following areas: Physical development, cognitive
development, communication development, social or emotional
development, or adaptive development; and who, by reason
thereof, need special education and related services. Infants
and toddlers with disabilities are those from birth to three
years, as identified under the Part H Program (Individuals with
Disabilities Education Act) in their State.
(3)
Collaboration
and collaborative relationships:
(i)
With other agencies, means planning and working with them in
order to improve, share and augment services, staff,
information and funds; and
(ii)
With parents, means working in partnership with them.
(4)
Contagious
means capable of being transmitted from one person to another.
(5)
Curriculum
means
a written plan that includes:
(i)
The goals for children's development and learning;
(ii)
The experiences through which they will achieve these goals;
(iii)
What staff and parents do to help children achieve these goals;
and
(iv)
The materials needed to support the implementation of the
curriculum. The curriculum is consistent with the Head Start
Program Performance Standards and is based on sound child
development principles about how children grow and learn.
(6)
Deficiency
means:
(i)
An area or areas of performance in which an Early Head Start or
Head Start grantee agency is not in compliance with State or
Federal requirements, including but not limited to, the Head
Start Act or one or more of the regulations under parts 1301,
1304, 1305, 1306 or 1308 of this title and which involves:
(A)
A threat to the health, safety, or civil rights of children or
staff;
(B)
A denial to parents of the exercise of their full roles and
responsibilities related to program governance;
(C)
A failure to perform substantially the requirements related to
Early Childhood Development and Health Services, Family and
Community Partnerships, or Program Design and Management; or
(D)
The misuse of Head Start grant funds.
(ii)
The loss of legal status or financial viability, as defined in
part 1302 of this title, loss of permits, debarment from
receiving Federal grants or contracts or the improper use of
Federal funds; or
(iii)
Any other violation of Federal or State requirements including,
but not limited to, the Head Start Act or one or more of the
regulations under parts 1301, 1304, 1305, 1306 or 1308 of this
title, and which the grantee has shown an unwillingness or
inability to correct within the period specified by the
responsible HHS official, of which the responsible HHS official
has given the grantee written notice of pursuant to section
1304.61.
(7)
Developmentally
appropriatemeans
any behavior or experience that is appropriate for the age span
of the children and is implemented with attention to the
different needs, interests, and developmental levels and
cultural backgrounds of individual children.
(8)
Early
Head Start
program means a program that provides low-income pregnant women
and families with children from birth to age 3 with
family-centered services that facilitate child development,
support parental roles, and promote self-sufficiency.
(9)
Family
means for the purposes of the regulations in this part all
persons:
(i)
Living in the same household who are:
(A)
Supported by the income of the parent(s) or guardian(s) of the
child enrolling or participating in the program; or
(B)
Related to the child by blood, marriage, or adoption; or
(ii)
Related to the child enrolling or participating in the program
as parents or siblings, by blood, marriage, or adoption.
(10)
GuardianGuardian
means a person legally responsible for a child.
(11)
Health
means medical, dental, and mental well-being.
(12)
Home
visitormeans
the staff member in the home-based program option assigned to
work with parents to provide comprehensive services to children
and their families through home visits and group socialization
activities.
(13)
Individualized
Family Service Plan (IFSP)
means a written plan for providing early intervention services
to a child eligible under Part H of the Individuals with
Disabilities Education Act (IDEA). (See 34 CFR 303.340-303.346
for regulations concerning IFSPs.)
(14)
Minimum
requirements
means that each Early Head Start and Head Start grantee must
demonstrate a level of compliance with Federal and State
requirements such that no deficiency, as defined in this part,
exists in its program.
(15)
Policy
groupmeans
the formal group of parents and community representatives
required to be established by the agency to assist in decisions
about the planning and operation of the program.
(16)
Program
attendance
means the actual presence and participation in the program of a
child enrolled in an Early Head Start or Head Start program.
(17)
Referral
means
directing an Early Head Start or Head Start child or family
member(s) to an appropriate source or resource for help,
treatment or information.
(18)
Staffmeans
paid adults who have responsibilities related to children and
their families who are enrolled in Early Head Start or Head
Start programs.
(19)
Teachermeans
an adult who has direct responsibility for the care and
development of children from birth to 5 years of age in a
center-based setting.
(20)
Volunteer
means an unpaid person who is trained to assist in implementing
ongoing program activities on a regular basis under the
supervision of a staff person in areas such as health,
education, transportation, nutrition, and management.
(b)
In addition to the definitions in this section, the definitions
as set forth in 45 CFR 1301.2, 1302.2, 1303.2, 1305.2, 1306.3,
and 1308.3 also apply, as used in this part.
§
1304.20 Child health and developmental services.
(a)
Determining child health status.
(1)
In collaboration with the parents and as quickly as possible,
but no later than 90 calendar days (with the exception noted in
paragraph (a)(2) of this section) from the child's entry into
the program (for the purposes of 45 CFR 1304.20(a)(1), 45 CFR
1304.20(a)(2), and 45 CFR 1304.20(b)(1), "entry"
means the first day that Early Head Start or Head Start
services are provided to the child), grantee and delegate
agencies must:
(i)
Make a determination as to whether or not each child has an
ongoing source of continuous, accessible health care. If a
child does not have a source of ongoing health care, grantee
and delegate agencies must assist the parents in accessing a
source of care;
(ii)
Obtain from a health care professional a determination as to
whether the child is up-to-date on a schedule ofage appropriate
preventive and primary health care which includes medical,
dental and mental health. Such a schedule must incorporate the
requirements for a schedule of well child care utilized by the
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
program of the Medicaid agency of the State in which they
operate, and the latest immunization recommendations issued by
the Centers for Disease Control and Prevention, as well as any
additional recommendations from the local Health Services
Advisory Committee that are based on prevalent community health
problems:
(A)
For children who are not up-to-date on an age-appropriate
schedule of well child care, grantee and delegate agencies must
assist parents in making the necessary arrangements to bring
the child up-to-date;
(B)
For children who are up-to-date on an age-appropriate schedule
of well child care, grantee and delegate agencies must ensure
that they continue to follow the recommended schedule of well
child care; and
(C)
Grantee and delegate agencies must establish procedures to
track the provision of health care services.
(iii)
Obtain or arrange further diagnostic testing, examination, and
treatment by an appropriate licensed or certified professional
for each child with an observable, known or suspected health or
developmental problem; and (iv) Develop and implement a
follow-up plan for any condition identified in 45 CFR
1304.20(a)(1)(ii) and (iii) so that any needed treatment has
begun.
(2)
Grantee and delegate agencies operating programs of shorter
durations (90 days or less) must complete the above processes
and those in 45 CFR 1304.20(b)(1) within 30 calendar days from
the child's entry into the program.
(b)
Screening for developmental, sensory, and behavioral concerns.
(1)
In collaboration with each child's parent, and within 45
calendar days of the child's entry into the program, grantee
and delegate agencies must perform or obtain linguistically and
age appropriate screening procedures to identify concerns
regarding a child's developmental, sensory (visual and
auditory), behavioral, motor, language, social, cognitive,
perceptual, and emotional skills (see 45 CFR 1308.6(b)(3) for
additional information). To the greatest extent possible, these
screening procedures must be sensitive to the child's cultural
background.
(2)
Grantee and delegate agencies must obtain direct guidance from
a mental health or child development professional on how to use
the findings to address identified needs.
(3)
Grantee and delegate agencies must utilize multiple sources of
information on all aspects of each child's development and
behavior, including input from family members, teachers, and
other relevant staff who are familiar with the child's typical
behavior.
(c)
Extended follow-up and treatment.
(1)
Grantee and delegate agencies must establish a system of
ongoing communication with the parents of children with
identified health needs to facilitate the implementation of the
follow-up plan.
(2)
Grantee and delegate agencies must provide assistance to the
parents, as needed, to enable them to learn how to obtain any
prescribed medications, aids or equipment for medical and
dental conditions.
(3)
Dental follow-up and treatment must include:
(i)
Fluoride supplements and topical fluoride treatments as
recommended by dental professionals in communities where a lack
of adequate fluoride levels has been determined or for every
child with moderate to severe tooth decay; and
(ii)
Other necessary preventive measures and further dental
treatment as recommended by the dental professional.
(4)
Grantee and delegate agencies must assist with the provision of
related services addressing health concerns in accordance with
the Individualized Education Program (IEP) and the
Individualized Family Service Plan (IFSP).
(5)
Early Head Start and Head Start funds may be used for
professional medical and dental services when no other source
of funding is available. When Early Head Start or Head Start
funds are used for such services, grantee and delegate agencies
must have written documentation of their efforts to access
other available sources of funding.
(d)
Ongoing care. In addition to assuring children's participation
in a schedule of well child care, as described in Sec.
1304.20(a) of this part, grantee and delegate agencies must
implement ongoing procedures by which Early Head Start and Head
Start staff can identify any new or recurring medical, dental,
or developmental concerns so that they may quickly make
appropriate referrals. These procedures must include: periodic
observations and recordings, as appropriate, of individual
children's developmental progress, changes in physical
appearance (e.g., signs of injury or illness) and emotional and
behavioral patterns. In addition, these procedures must include
observations from parents and staff.
(e)
Involving parents. In conducting the process, as described in
Sec. Sec. 1304.20 (a), (b), and (c), and in making all possible
efforts to ensure that each child is enrolled in and receiving
appropriate health care services, grantee and delegate agencies
must:
(1)
Consult with parents immediately when child health or
developmental problems are suspected or identified;
(2)
Familiarize parents with the use of and rationale for all
health and developmental procedures administered through the
program or by contract or agreement, and obtain advance parent
or guardian authorization for such procedures. Grantee and
delegate agencies also must ensure that the results of
diagnostic and treatment procedures and ongoing care are shared
with and understood by the parents;
(3)
Talk with parents about how to familiarize their children in a
developmentally appropriate way and in advance about all of the
procedures they will receive while enrolled in the program;
(4)
Assist parents in accordance with 45 CFR 1304.40(f)(2) (i) and
(ii) to enroll and participate in a system of ongoing family
health care and encourage parents to be active partners in
their children's health care process; and
(5)
If a parent or other legally responsible adult refuses to give
authorization for health services, grantee and delegate
agencies must maintain written documentation of the refusal.
(f)
Individualization of the program.
(1)
Grantee and delegate agencies must use the information from the
screening for developmental, sensory, and behavioral concerns,
the ongoing observations, medical and dental evaluations and
treatments, and insights from the child's parents to help staff
and parents determine how the program can best respond to each
child's individual characteristics, strengths and needs.
(2)
To support individualization for children with disabilities in
their programs, grantee and delegate agencies must assure that:
(i)
Services for infants and toddlers with disabilities and their
families support the attainment of the expected outcomes
contained in the Individualized Family Service Plan (IFSP) for
children identified under the infants and toddlers with
disabilities program (Part H) of the Individuals with
Disabilities Education Act, as implemented by their State or
Tribal government;
(ii)
Enrolled families with infants and toddlers suspected of having
a disability are promptly referred to the local early
intervention agency designated by the State Part H plan to
coordinate any needed evaluations, determine eligibility for
Part H services, and coordinate the development of an IFSP for
children determined to be eligible under the guidelines of that
State's program. Grantee and delegate agencies must support
parent participation in the evaluation and IFSP development
process for infants and toddlers enrolled in their program;
(iii)
They participate in and support efforts for a smooth and
effective transition for children who, at age three, will need
to be considered for services for preschool age children with
disabilities; and
(iv)
They participate in the development and implementation of the
Individualized Education Program (IEP)for preschool age
children with disabilities, consistent with the requirements of
45 CFR 1308.19.
§
1304.21 Education and early childhood development.
(a)
Child development and education approach for all children.
(1)
In order to help children gain the skills and confidence
necessary to be prepared to succeed in their present
environment and with later responsibilities in school and life,
grantee and delegate agencies' approach to child development
and education must:
(i)
Be developmentally and linguistically appropriate, recognizing
that children have individual rates of development as well as
individual interests, temperaments, languages, cultural
backgrounds, and learning styles;
(ii)
Be inclusive of children with disabilities, consistent with
their Individualized Family Service Plan (IFSP) or
Individualized Education Program (IEP) (see 45 CFR 1308.19);
(iii)
Provide an environment of acceptance that supports and respects
gender, culture, language, ethnicity and family composition;
(iv)
Provide a balanced daily program of child-initiated and
adult-directed activities, including individual and small group
activities; and
(v)
Allow and enable children to independently use toilet
facilities when it is developmentally appropriate and when
efforts to encourage toilet training are supported by the
parents.
(2)
Parents must be:
(i)
Invited to become integrally involved in the development of the
program's curriculum and approach to child development and
education;
(ii)
Provided opportunities to increase their child observation
skills and to share assessments with staff that will help plan
the learning experiences; and
(iii)
Encouraged to participate in staff-parent conferences and home
visits to discuss their child's development and education (see
45 CFR 1304.40(e)(4) and 45 CFR 1304.40(i)(2)).
(3)
Grantee and delegate agencies must support social and emotional
development by:
(i)
Encouraging development which enhances each child's strengths
by:
(A)
Building trust;
(B)
Fostering independence;
(C)
Encouraging self-control by setting clear, consistent limits,
and having realistic expectations;
(D)
Encouraging respect for the feelings and rights of others; and
(E)
Supporting and respecting the home language, culture, and
family composition of each child in ways that support the
child's health and well-being; and
(ii)
Planning for routines and transitions so that they occur in a
timely, predictable and unrushed manner according to each
child's needs.
(4)
Grantee and delegate agencies must provide for the development
of each child's cognitive and language skills by:
(i)
Supporting each child's learning, using various strategies
including experimentation, inquiry, observation, play and
exploration;
(ii)
Ensuring opportunities for creative self-expression through
activities such as art, music, movement, and dialogue;
(iii)
Promoting interaction and language use among children and
between children and adults; and
(iv)
Supporting emerging literacy and numeracy development through
materials and activities according to the developmental level
of each child.
(5)
In center-based settings, grantee and delegate agencies must
promote each child's physical development by:
(i)
Providing sufficient time, indoor and outdoor space, equipment,
materials and adult guidance for active play and movement that
support the development of gross motor skills;
(ii)
Providing appropriate time, space, equipment, materials and
adult guidance for the development of fine motor skills
according to each child's developmental level; and
(iii)
Providing an appropriate environment and adult guidance for the
participation of children with special needs.
(6)
In home-based settings, grantee and delegate agencies must
encourage parents to appreciate the importance of physical
development, provide opportunities for children's outdoor and
indoor active play, and guide children in the safe use of
equipment and materials.
(b)
Child development and education approach for infants and
toddlers.
(1)
Grantee and delegate agencies' program of services for infants
and toddlers must encourage (see 45 CFR 1304.3(a)(5) for a
definition of curriculum):
(i)
The development of secure relationships in out-of-home care
settings for infants and toddlers by having a limited number of
consistent teachers over an extended period of time. Teachers
must demonstrate an understanding of the child's family culture
and, whenever possible, speak the child's language (see 45 CFR
1304.52(g)(2));
(ii)
Trust and emotional security so that each child can explore the
environment according to his or her developmental level; and
(iii)
Opportunities for each child to explore a variety of sensory
and motor experiences with support and stimulation from
teachers and family members.
(2)
Grantee and delegate agencies must support the social and
emotional development of infants and toddlers by promoting an
environment that:
(i)
Encourages the development of self-awareness, autonomy, and
self-expression; and
(ii)
Supports the emerging communication skills of infants and
toddlers by providing daily opportunities for each child to
interact with others and to express himself or herself freely.
(3)
Grantee and delegate agencies must promote the physical
development of infants and toddlers by:
(i)
Supporting the development of the physical skills of infants
and toddlers including gross motor skills, such as grasping,
pulling, pushing, crawling, walking, and climbing; and
(ii)
Creating opportunities for fine motor development that
encourage the control and coordination of small, specialized
motions, using the eyes, mouth, hands, and feet.
(c)
Child development and education approach for preschoolers.
(1)
Grantee and delegate agencies, in collaboration with the
parents, must implement a curriculum (see 45 CFR 1304.3(a)(5))
that:
(i)
Supports each child's individual pattern of development and
learning;
(ii)
Provides for the development of cognitive skills by encouraging
each child to organize his or her experiences, to understand
concepts, and to develop age appropriate literacy, numeracy,
reasoning, problem solving and decision-making skills which
form a foundation for school readiness and later school
success;
(iii)
Integrates all educational aspects of the health, nutrition,
and mental health services into program activities;
(iv)
Ensures that the program environment helps children develop
emotional security and facility in social relationships;
(v)
Enhances each child's understanding of self as an individual
and as a member of a group;
(vi)
Provides each child with opportunities for success to help
develop feelings of competence, self-esteem, and positive
attitudes toward learning; and
(vii)
Provides individual and small group experiences both indoors
and outdoors.
(2)
Staff must use a variety of strategies to promote and support
children's learning and developmental progress based on the
observations and ongoing assessment of each child (see 45 CFR
1304.20(b), 1304.20(d), and 1304.20(e)).
§
1304.22 Child health and safety.
(a)
Health emergency procedures. Grantee and delegate agencies
operating center-based programs must establish and implement
policies and procedures to respond to medical and dental health
emergencies with which all staff are familiar and trained. At a
minimum, these policies and procedures must include:
(1)
Posted policies and plans of action for emergencies that
require rapid response on the part of staff (e.g., a child
choking) or immediate medical or dental attention;
(2)
Posted locations and telephone numbers of emergency response
systems. Up-to-date family contact information and
authorization for emergency care for each child must be readily
available;
(3)
Posted emergency evacuation routes and other safety procedures
for emergencies (e.g., fire or weather-related) which are
practiced regularly (see 45 CFR 1304.53 for additional
information);
(4)
Methods of notifying parents in the event of an emergency
involving their child; and
(5)
Established methods for handling cases of suspected or known
child abuse and neglect that are in compliance with applicable
Federal, State, or Tribal laws.
(b)
Conditions of short-term exclusion and admittance.
(1)
Grantee and delegate agencies must temporarily exclude a child
with a short-term injury or an acute or short-term contagious
illness, that cannot be readily accommodated, from program
participation in center-based activities or group experiences,
but only for that generally short-term period when keeping the
child in care poses a significant risk to the health or safety
of the child or anyone in contact with the child.
(2)
Grantee and delegate agencies must not deny program admission
to any child, nor exclude any enrolled child from program
participation for a long-term period, solely on the basis of
his or her health care needs or medication requirements unless
keeping the child in care poses a significant risk to the
health or safety of the child or anyone in contact with the
child and the risk cannot be eliminated or reduced to an
acceptable level through reasonable modifications in the
grantee or delegate agency's policies, practices or procedures
or by providing appropriate auxiliary aids which would enable
the child to participate without fundamentally altering the
nature of the program.
(3)
Grantee and delegate agencies must request that parents inform
them of any health or safety needs of the child that the progrm
may be required to address. Programs must share information, as
necessary, with appropriate staff regarding accommodations
needed in accordance with the program's confidentiality policy.
(c)
Medication administration. Grantee and delegate agencies must
establish and maintain written procedures regarding the
administration, handling, and storage of medication for every
child. Grantee and delegate agencies may modify these
procedures as necessary to satisfy State or Tribal laws, but
only where such laws are consistent with Federal laws. The
procedures must include:
(1)
Labeling and storing, under lock and key, and refrigerating, if
necessary, all medications, including those required for staff
and volunteers;
(2)
Designating a trained staff member(s) or school nurse to
administer, handle and store child medications;
(3)
Obtaining physicians' instructions and written parent or
guardian authorizations for all medications administered by
staff;
(4)
Maintaining an individual record of all medications dispensed,
and reviewing the record regularly with the child's parents;
(5)
Recording changes in a child's behavior that have implications
for drug dosage or type, and assisting parents in communicating
with their physician regarding the effect of the medication on
the child; and
(6)
Ensuring that appropriate staff members can demonstrate proper
techniques for administering, handling, and storing medication,
including the use of any necessary equipment to administer
medication.
(d)
Injury prevention. Grantee and delegate agencies must:
(1)
Ensure that staff and volunteers can demonstrate safety
practices; and
(2)
Foster safety awareness among children and parents by
incorporating it into child and parent activities.
(e)
Hygiene.
(1)
Staff, volunteers, and children must wash their hands with soap
and running water at least at the following times:
(i)
After diapering or toilet use;
(ii)
Before food preparation, handling, consumption, or any other
food-related activity (e.g., setting the table);
(iii)
Whenever hands are contaminated with blood or other bodily
fluids; and
(iv)
After handling pets or other animals.
(2)
Staff and volunteers must also wash their hands with soap and
running water:
(i)
Before and after giving medications;
(ii)
Before and after treating or bandaging a wound (nonporous
gloves should be worn if there is contact with blood or
blood-containing body fluids); and
(iii)
After assisting a child with toilet use.
(3)
Nonporous (e.g., latex) gloves must be worn by staff when they
are in contact with spills of blood or other visibly bloody
bodily fluids.
(4)
Spills of bodily fluids (e.g., urine, feces, blood, saliva,
nasal discharge, eye discharge or any fluid discharge) must be
cleaned and disinfected immediately in keeping with
professionally established guidelines (e.g., standards of the
Occupational Safety Health Administration, U.S. Department of
Labor). Any tools and equipment used to clean spills of bodily
fluids must be cleaned and disinfected immediately. Other
blood-contaminated materials must be disposed of in a plastic
bag with a secure tie.
(5)
Grantee and delegate agencies must adopt sanitation and hygiene
procedures for diapering that adequately protect the health and
safety of children served by the program and staff. Grantee and
delegate agencies must ensure that staff properly conduct these
procedures.
(6)
Potties that are utilized in a center-based program must be
emptied into the toilet and cleaned and disinfected after each
use in a utility sink used for this purpose.
(7)
Grantee and delegate agencies operating programs for infants
and toddlers must space cribs and cots at least three feet
apart to avoid spreading contagious illness and to allow for
easy access to each child.
(f)
First aid kits.
(1)
Readily available, well-supplied first aid kits appropriate for
the ages served and the program size must be maintained at each
facility and available on outings away from the site. Each kit
must be accessible to staff members at all times, but must be
kept out of the reach of children.
(2)
First aid kits must be restocked after use, and an inventory
must be conducted at regular intervals.
§1304.23
Child nutrition.
(a)
Identification of nutritional needs. Staff and families must
work together to identify each child's nutritional needs,
taking into account staff and family discussions concerning:
(1)
Any relevant nutrition-related assessment data (height, weight,
hemoglobin/hematocrit) obtained under 45 CFR 1304.20(a);
(2)
Information about family eating patterns, including cultural
preferences, special dietary requirements for each child with
nutrition-related health problems, and the feeding requirements
of infants and toddlers and each child with disabilities (see
45 CFR 1308.20);
(3)
For infants and toddlers, current feeding schedules and amounts
and types of food provided, including whether breast milk or
formula and baby food is used; meal patterns; new foods
introduced; food intolerances and preferences; voiding
patterns; and observations related to developmental changes in
feeding and nutrition. This information must be shared with
parents and updated regularly; and
(4)
Information about major community nutritional issues, as
identified through the Community Assessment or by the Health
Services Advisory Committee or the local health department.
(b)
Nutritional services.
(1)
Grantee and delegate agencies must design and implement a
nutrition program that meets the nutritional needs and feeding
requirements of each child, including those with special
dietary needs and children with disabilities. Also, the
nutrition program must serve a variety of foods which consider
cultural and ethnic preferences and which broaden the child's
food experience.
(i)
All Early Head Start and Head Start grantee and delegate
agencies must use funds from USDA Food and Consumer Services
Child Nutrition Programs as the primary source of payment for
meal services. Early Head Start and Head Start funds may be
used to cover those allowable costs not covered by the USDA.
(ii)
Each child in a part-day center-based setting must receive
meals and snacks that provide at least \1/3\ of the child's
daily nutritional needs. Each child in a center-based full-day
program must receive meals and snacks that provide \1/2\ to
\2/3\ of the child's daily nutritional needs, depending upon
the length of the program day.
(iii)
All children in morning center-based settings who have not
received breakfast at the time they arrive at the Early Head
Start or Head Start program must be served a nourishing
breakfast.
(iv)
Each infant and toddler in center-based settings must receive
food appropriate to his or her nutritional needs, developmental
readiness, and feeding skills, as recommended in the USDA meal
pattern or nutrient standard menu planning requirements
outlined in 7 CFR parts 210, 220, and 226.
(v)
For 3- to 5-year-olds in center-based settings, the quantities
and kinds of food served must conform to recommended serving
sizes and minimum standards for meal patterns recommended in
the USDA meal pattern or nutrient standard menu planning
requirements outlined in 7 CFR parts 210, 220, and 226.
(vi)
For 3- to 5-year-olds in center-based settings or other Head
Start group experiences, foods served must be high in nutrients
and low in fat, sugar, and salt.
(vii)
Meal and snack periods in center-based settings must be
appropriately scheduled and adjusted, where necessary, to
ensure that individual needs are met. Infants and young
toddlers who need it must be fed ``on demand'' to the extent
possible or at appropriate intervals.
(2)
Grantee and delegate agencies operating home-based program
options must provide appropriate snacks and meals to each child
during group socialization activities (see 45 CFR 1306.33 for
information regarding home-based group socialization).
(3)
Staff must promote effective dental hygiene among children in
conjunction with meals.
(4)
Parents and appropriate community agencies must be involved in
planning, implementing, and evaluating the agencies'
nutritional services.
(c)
Meal service. Grantee and delegate agencies must ensure that
nutritional services in center-based settings contribute to the
development and socialization of enrolled children by providing
that:
(1)
A variety of food is served which broadens each child's food
experiences;
(2)
Food is not used as punishment or reward, and that each child
is encouraged, but not forced, to eat or taste his or her food;
(3)
Sufficient time is allowed for each child to eat;
(4)
All toddlers and preschool children and assigned classroom
staff, including volunteers, eat together family style and
share the same menu to the extent possible;
(5)
Infants are held while being fed and are not laid down to sleep
with a bottle;
(6)
Medically-based diets or other dietary requirements are
accommodated; and
(7)
As developmentally appropriate, opportunity is provided for the
involvement of children in food-related activities.
(d)
Family assistance with nutrition. Parent education activities
must include opportunities to assist individual families with
food preparation and nutritional skills.
(e)
Food safety and sanitation.
(1)
Grantee and delegate agencies must post evidence of compliance
with all applicable Federal, State, Tribal, and local food
safety and sanitation laws, including those related to the
storage, preparation and service of food and the health of food
handlers. In addition, agencies must contract only with food
service vendors that are licensed in accordance with State,
Tribal or local laws.
(2)
For programs serving infants and toddlers, facilities must be
available for the proper storage and handling of breast milk
and formula.
§
1304.24 Child mental health.
(a)
Mental health services.
(1)
Grantee and delegate agencies must work collaboratively with
parents (see 45 CFR 1304.40(f) for issues related to parent
education) by:
(i)
Soliciting parental information, observations, and concerns
about their child's mental health;
(ii)
Sharing staff observations of their child and discussing and
anticipating with parents their child's behavior and
development, including separation and attachment issues;
(iii)
Discussing and identifying with parents appropriate responses
to their child's behaviors;
(iv)
Discussing how to strengthen nurturing, supportive environments
and relationships in the home and at the program;
(v)
Helping parents to better understand mental health issues; and
(vi)
Supporting parents' participation in any needed mental health
interventions.
(2)
Grantee and delegate agencies must secure the services of
mental health professionals on a schedule of sufficient
frequency to enable the timely and effective identification of
and intervention in family and staff concerns about a child's
mental health; and
(3)
Mental health program services must include a regular schedule
of on-site mental health consultation involving the mental
health professional, program staff, and parents on how to:
(i)
Design and implement program practices responsive to the
identified behavioral and mental health concerns of an
individual child or group of children;
(ii)
Promote children's mental wellness by providing group and
individual staff and parent education on mental health issues;
(iii)
Assist in providing special help for children with atypical
behavior or development; and
(iv)
Utilize other community mental health resources, as needed.
§
1304.40 Family partnerships.
(a)
Family goal setting.
(1)
Grantee and delegate agencies must engage in a process of
collaborative partnership-building with parents to establish
mutual trust and to identify family goals, strengths, and
necessary services and other supports. This process must be
initiated as early after enrollment as possible and it must
take into consideration each family's readiness and willingness
to participate in the process.
(2)
As part of this ongoing partnership, grantee and delegate
agencies must offer parents opportunities to develop and
implement individualized family partnership agreements that
describe family goals, responsibilities, timetables and
strategies for achieving these goals as well as progress in
achieving them. In home-based program options, this agreement
must include the above information as well as the specific
roles of parents in home visits and group socialization
activities (see 45 CFR 1306.33(b)).
(3)
To avoid duplication of effort, or conflict with, any
preexisting family plans developed between other programs and
the Early Head Start or Head Start family, the family
partnership agreement must take into account, and build upon as
appropriate, information obtained from the family and other
community agencies concerning preexisting family plans. Grantee
and delegate agencies must coordinate, to the extent possible,
with families and other agencies to support the accomplishment
of goals in the preexisting plans.
(4)
A variety of opportunities must be created by grantee and
delegate agencies for interaction with parents throughout the
year.
(5)
Meetings and interactions with families must be respectful of
each family's diversity and cultural and ethnic background.
(b)
Accessing community services and resources.
(1)
Grantee and delegate agencies must work collaboratively with
all participating parents to identify and continually access,
either directly or through referrals, services and resources
that are responsive to each family's interests and goals,
including:
(i)
Emergency or crisis assistance in areas such as food, housing,
clothing, and transportation;
(ii)
Education and other appropriate interventions, including
opportunities for parents to participate in counseling programs
or to receive information on mental health issues that place
families at risk, such as substance abuse, child abuse and
neglect, and domestic violence; and
(iii)
Opportunities for continuing education and employment training
and other employment services through formal and informal
networks in the community.
(2)
Grantee and delegate agencies must follow-up with each family
to determine whether the kind, quality, and timeliness of the
services received through referrals met the families'
expectations and circumstances.
(c)
Services to pregnant women who are enrolled in programs serving
pregnant women, infants, and toddlers.
(1)
Early Head Start grantee and delegate agencies must assist
pregnant women to access comprehensive prenatal and postpartum
care, through referrals, immediately after enrollment in the
program. This care must include:
(i)
Early and continuing risk assessments, which include an
assessment of nutritional status as well as nutrition
counseling and food assistance, if necessary;
(ii)
Health promotion and treatment, including medical and dental
examinations on a schedule deemed appropriate by the attending
health care providers as early in the pregnancy as possible;
and
(iii)
Mental health interventions and follow-up, including substance
abuse prevention and treatment services, as needed.
(2)
Grantee and delegate agencies must provide pregnant women and
other family members, as appropriate, with prenatal education
on fetal development (including risks from smoking and
alcohol), labor and delivery, and postpartum recovery
(including maternal depression).
(3)
Grantee and delegate agencies must provide information on the
benefits of breast feeding to all pregnant and nursing mothers.
For those who choose to breast feed in center-based programs,
arrangements must be provided as necessary.
(d)
Parent involvement--general.
(1)
In addition to involving parents in program policy-making and
operations (see 45 CFR 1304.50), grantee and delegate agencies
must provide parent involvement and education activities that
are responsive to the ongoing and expressed needs of the
parents, both as individuals and as members of a group. Other
community agencies should be encouraged to assist in the
planning and implementation of such programs.
(2)
Early Head Start and Head Start settings must be open to
parents during all program hours. Parents must be welcomed as
visitors and encouraged to observe children as often as
possible and to participate with children in group activities.
The participation of parents in any program activity must be
voluntary, and must not be required as a condition of the
child's enrollment.
(3)
Grantee and delegate agencies must provide parents with
opportunities to participate in the program as employees or
volunteers (see 45 CFR 1304.52(b)(3) for additional
requirements about hiring parents).
(e)
Parent involvement in child development and education.
(1)
Grantee and delegate agencies must provide opportunities to
include parents in the development of the program's curriculum
and approach to child development and education (see 45 CFR
1304.3(a)(5) for a definition of curriculum).
(2)
Grantees and delegate agencies operating home-based program
options must build upon the principles of adult learning to
assist, encourage, and support parents as they foster the
growth and development of their children.
(3)
Grantee and delegate agencies must provide opportunities for
parents to enhance their parenting skills, knowledge, and
understanding of the educational and developmental needs and
activities of their children and to share concerns about their
children with program staff (see 45 CFR 1304.21 for additional
requirements related to parent involvement).
(4)
Grantee and delegate agencies must provide, either directly or
through referrals to other local agencies, opportunities for
children and families to participate in family literacy
services by:
(i)
Increasing family access to materials, services, and activities
essential to family literacy development; and
(ii)
Assisting parents as adult learners to recognize and address
their own literacy goals.
(5)
In addition to the two home visits, teachers in center-based
programs must conduct staff-parent conferences, as needed, but
no less than two per program year, to enhance the knowledge and
understanding of both staff and parents of the educational and
developmental progress and activities of children in the
program (see 45 CFR 1304.21(a)(2)(iii) and 45 CFR 1304.40(i)
for additional requirements about staff-parent conferences and
home visits).
(f)
Parent involvement in health, nutrition, and mental health
education.
(1)
Grantee and delegate agencies must provide medical, dental,
nutrition, and mental health education programs for program
staff, parents, and families.
(2)
Grantee and delegate agencies must ensure that, at a minimum,
the medical and dental health education program:
(i)
Assists parents in understanding how to enroll and participate
in a system of ongoing family health care.
(ii)
Encourages parents to become active partners in their
children's medical and dental health care process and to
accompany their child to medical and dental examinations and
appointments; and
(iii)
Provides parents with the opportunity to learn the principles
of preventive medical and dental health, emergency first-aid,
occupational and environmental hazards, and safety practices
for use in the classroom and in the home. In addition to
information on general topics (e.g., maternal and child health
and the prevention of Sudden Infant Death Syndrome),
information specific to the health needs of individual children
must also be made available to the extent possible.
(3)
Grantee and delegate agencies must ensure that the nutrition
education program includes, at a minimum:
(i)
Nutrition education in the selection and preparation of foods
to meet family needs and in the management of food budgets; and
(ii)
Parent discussions with program staff about the nutritional
status of their child.
(4)
Grantee and delegate agencies must ensure that the mental
health education program provides, at a minimum (see 45 CFR
1304.24 for issues related to mental health education):
(i)
A variety of group opportunities for parents and program staff
to identify and discuss issues related to child mental health;
(ii)
Individual opportunities for parents to discuss mental health
issues related to their child and family with program staff;
and
(iii)
The active involvement of parents in planning and implementing
any mental health interventions for their children.
(g)
Parent involvement in community advocacy.
(1)
Grantee and delegate agencies must:
(i)
Support and encourage parents to influence the character and
goals of community services in order to make them more
responsive to their interests and needs; and
(ii)
Establish procedures to provide families with comprehensive
information about community resources (see 45 CFR 1304.41(a)(2)
for additional requirements).
(2)
Parents must be provided regular opportunities to work
together, and with other community members, on activities that
they have helped develop and in which they have expressed an
interest.
(h)
Parent involvement in transition activities.
(1)
Grantee and delegate agencies must assist parents in becoming
their children's advocate as they transition both into Early
Head Start or Head Start from the home or other child care
setting, and from Head Start to elementary school, a Title I of
the Elementary and Secondary Education Act preschool program,
or a child care setting.
(2)
Staff must work to prepare parents to become their children's
advocate through transition periods by providing that, at a
minimum, a staff-parent meeting is held toward the end of the
child's participation in the program to enable parents to
understand the child's progress while enrolled in Early Head
Start or Head Start.
(3)
To promote the continued involvement of Head Start parents in
the education and development of their children upon transition
to school, grantee and delegate agencies must:
(i)
Provide education and training to parents to prepare them to
exercise their rights and responsibilities concerning the
education of their children in the school setting; and
(ii)
Assist parents to communicate with teachers and other school
personnel so that parents can participate in decisions related
to their children's education.
(4)
See 45 CFR 1304.41(c) for additional standards related to
children's transition to and from Early Head Start or Head
Start.
(i)
Parent involvement in home visits.
(1)
Grantee and delegate agencies must not require that parents
permit home visits as a condition of the child's participation
in Early Head Start or Head Start center-based program options.
Every effort must be made to explain the advantages of home
visits to the parents.
(2)
The child's teacher in center-based programs must make no less
than two home visits per program year to the home of each
enrolled child, unless the parents expressly forbid such
visits, in accordance with the requirements of 45 CFR
1306.32(b)(8). Other staff working with the family must make or
join home visits, as appropriate.
(3)
Grantee and delegate agencies must schedule home visits at
times that are mutually convenient for the parents or primary
caregivers and staff.
(4)
In cases where parents whose children are enrolled in the
center-based program option ask that the home visits be
conducted outside the home, or in cases where a visit to the
home presents significant safety hazards for staff, the home
visit may take place at an Early Head Start or Head Start site
or at another safe location that affords privacy. Home visits
in home-based program options must be conducted in the family's
home. (See 45 CFR 1306.33 regarding the home-based program
option.)
(5)
In addition, grantee and delegate agencies operating home-based
program options must meet the requirements of 45 CFR
1306.33(a)(1) regarding home visits.
(6)
Grantee and delegate agencies serving infants and toddlers must
arrange for health staff to visit each newborn within two weeks
after the infant's birth to ensure the well-being of both the
mother and the child.
§
1304.41 Community partnerships.
(a)
Partnerships.
(1)
Grantee and delegate agencies must take an active role in
community planning to encourage strong communication,
cooperation, and the sharing of information among agencies and
their community partners and to improve the delivery of
community services to children and families in accordance with
the agency's confidentiality policies. Documentation must be
maintained to reflect the level of effort undertaken to
establish community partnerships (see 45 CFR 1304.51 for
additional planning requirements).
(2)
Grantee and delegate agencies must take affirmative steps to
establish ongoing collaborative relationships with community
organizations to promote the access of children and families to
community services that are responsive to their needs, and to
ensure that Early Head Start and Head Start programs respond to
community needs, including:
(i)
Health care providers, such as clinics, physicians, dentists,
and other health professionals;
(ii)
Mental health providers;
(iii)
Nutritional service providers;
(iv)
Individuals and agencies that provide services to children with
disabilities and their families (see 45 CFR 1308.4 for specific
service requirements);
(v)
Family preservation and support services;
(vi)
Child protective services and any other agency to which child
abuse must be reported under State or Tribal law;
(vii)
Local elementary schools and other educational and cultural
institutions, such as libraries and museums, for both children
and families;
(viii)
Providers of child care services; and
(ix)
Any other organizations or businesses that may provide support
and resources to families.
(3)
Grantee and delegate agencies must perform outreach to
encourage volunteers from the community to participate in Early
Head Start and Head Start programs.
(4)
To enable the effective participation of children with
disabilities and their families, grantee and delegate agencies
must make specific efforts to develop interagency agreements
with local education agencies (LEAs) and other agencies within
the grantee and delegate agency's service area (see 45 CFR
1308.4(h) for specific requirements concerning interagency
agreements).
(b)
Advisory committees. Each grantee directly operating an Early
Head Start or Head Start program, and each delegate agency,
must establish and maintain a Health Services Advisory
Committee which includes Head Start parents, professionals, and
other volunteers from the community. Grantee and delegate
agencies also must establish and maintain such other service
advisory committees as they deem appropriate to address program
service issues such as community partnerships and to help
agencies respond to community needs.
(c)
Transition services.
(1)
Grantee and delegate agencies must establish and maintain
procedures to support successful transitions for enrolled
children and families from previous child care programs into
Early Head Start or Head Start and from Head Start into
elementary school, a Title I of the Elementary and Secondary
Education Act preschool program, or other child care settings.
These procedures must include:
(i)
Coordinating with the schools or other agencies to ensure that
individual Early Head Start or Head Start children's relevant
records are transferred to the school or next placement in
which a child ill enroll or from earlier placements to Early
Head Start or Head Start;
(ii)
Outreach to encourage communication between Early Head Start or
Head Start staff and their counterparts in the schools and
other child care settings including principals, teachers,
social workers and health staff to facilitate continuity of
programming;
(iii)
Initiating meetings involving Head Start teachers and parents
and kindergarten or elementary school teachers to discuss the
developmental progress and abilities of individual children;
and
(iv)
Initiating joint transition-related training for Early Head
Start or Head Start staff and school or other child development
staff.
(2)
To ensure the most appropriate placement and services following
participation in Early Head Start, transition planning must be
undertaken for each child and family at least six months prior
to the child's third birthday. The process must take into
account: The child's health status and developmental level,
progress made by the child and family while in Early Head
Start, current and changing family circumstances, and the
availability of Head Start and other child development or child
care services in the community. As appropriate, a child may
remain in Early Head Start, following his or her third
birthday, for additional months until he or she can transition
into Head Start or another program.
(3)
See 45 CFR 1304.40(h) for additional requirements related to
parental participation in their child's transition to and from
Early Head Start or Head Start.
§
1304.50 Program governance.
(a)
Policy Council, Policy Committee, and Parent Committee
structure.
(1)
Grantee and delegate agencies must establish and maintain a
formal structure of shared governance through which parents can
participate in policy making or in other decisions about the
program. This structure must consist of the following groups,
as required:
(i)
Policy Council. This Council must be established at the grantee
level.
(ii)
Policy Committee. This Committee must be established at the
delegate agency level when the program is administered in whole
or in part by such agencies (see 45 CFR 1301.2 for a definition
of a delegate agency).
(iii)
Parent Committee. For center-based programs, this Committee
must be established at the center level. For other program
options, an equivalent Committee must be established at the
local program level. When programs operate more than one option
from the same site, the Parent Committee membership is combined
unless parents choose to have a separate Committee for each
option.
(2)
Parent Committees must be comprised exclusively of the parents
of children currently enrolled at the center level for
center-based programs or at the equivalent level for other
program options (see 45 CFR 1306.3(h) for a definition of a
Head Start parent).
(3)
All Policy Councils, Policy Committees, and Parent Committees
must be established as early in the program year as possible.
Grantee Policy Councils and delegate Policy Committees may not
be dissolved until successor Councils or Committees are elected
and seated.
(4)
When a grantee has delegated the entire Head Start program to
one delegate agency, it is not necessary to have a Policy
Committee in addition to a grantee agency Policy Council.
(5)
The governing body (the group with legal and fiscal
responsibility for administering the Early Head Start or Head
Start program) and the Policy Council or Policy Committee must
not have identical memberships and functions.
(b)
Policy group composition and formation.
(1)
Each grantee and delegate agency governing body operating an
Early Head Start or Head Start program must (except where such
authority is ceded to the Policy Council or Policy Committee)
propose, within the framework of these regulations, the total
size of their respective policy groups (based on the number of
centers, classrooms or other program option units, and the
number of children served by their Early Head Start or Head
Start program), the procedures for the election of parent
members, and the procedure for the selection of community
representatives. These proposals must be approved by the Policy
Council or Policy Committee.
(2)
Policy Councils and Policy Committees must be comprised of two
types of representatives: parents of currently enrolled
children and community representatives. At least 51 percent of
the members of these policy groups must be the parents of
currently enrolled children (see 45 CFR 1306.3(h) for a
definition of a Head Start parent).
(3)
Community representatives must be drawn from the local
community: businesses; public or private community, civic, and
professional organizations; and others who are familiar with
resources and services for low-income children and families,
including for example the parents of formerly enrolled
children.
(4)
All parent members of Policy Councils or Policy Committees must
stand for election or re-election annually. All community
representatives also must be selected annually.
(5)
Policy Councils and Policy Committees must limit the number of
one-year terms any individual may serve on either body to a
combined total of three terms.
(6)
No grantee or delegate agency staff (or members of their
immediate families) may serve on Policy Councils or Policy
Committees except parents who occasionally substitute for
regular Early Head Start or Head Start staff. In the case of
Tribal grantees, this exclusion applies only to Tribal staff
who work in areas directly related to or which directly impact
upon any Early Head Start or Head Start administrative, fiscal
or programmatic issues.
(7)
Parents of children currently enrolled in all program options
must be proportionately represented on established policy
groups.
(c)
Policy group responsibilities--general. At a minimum policy
groups must be charged with the responsibilities described in
paragraphs (d), (f), (g), and (h) of this section and repeated
in appendix A of this section.
(d)
The Policy Council or Policy Committee.
(1)
Policy Councils and Policy Committees must work in partnership
with key management staff and the governing body to develop,
review, and approve or disapprove the following policies and
procedures:
(i)
All funding applications and amendments to funding applications
for Early Head Start and Head Start, including administrative
services, prior to the submission of such applications to the
grantee (in the case of Policy Committees) or to HHS (in the
case of Policy Councils);
(ii)
Procedures describing how the governing body and the
appropriate policy group will implement shared decision-making;
(iii)
Procedures for program planning in accordance with this part
and the requirements of 45 CFR 1305.3;
(iv)
The program's philosophy and long- and short-range program
goals and objectives (see 45 CFR 1304.51(a) and 45 CFR 1305.3
for additional requirements regarding program planning);
(v)
The selection of delegate agencies and their service areas
(this regulation is binding on Policy Councils exclusively)
(see 45 CFR 1301.33 and 45 CFR 1305.3(a) for additional
requirements about delegate agency and service area selection,
respectively);
(vi)
The composition of the Policy Council or the Policy Committee
and the procedures by which policy group members are chosen;
(vii)
Criteria for defining recruitment, selection, and enrollment
priorities, in accordance with the requirements of 45 CFR part
1305;
(viii)
The annual self-assessment of the grantee or delegate agency's
progress in carrying out the programmatic and fiscal intent of
its grant application, including planning or other actions that
may result from the review of the annual audit and findings
from the Federal monitoring review (see 45 CFR 1304.51(i)(1)
for additional requirements about the annual self-assessment);
(ix)
Program personnel policies and subsequent changes to those
policies, in accordance with 45 CFR 1301.31, including
standards of conduct for program staff, consultants, and
volunteers;
(x)
Decisions to hire or terminate the Early Head Start or Head
Start director of the grantee or delegate agency; and
(xi)
Decisions to hire or terminate any person who works primarily
for the Early Head Start or Head Start program of the grantee
or delegate agency.
(2)
In addition, Policy Councils and Policy Committees must perform
the following functions directly:
(i)
Serve as a link to the Parent Committees, grantee and delegate
agency governing bodies, public and private organizations, and
the communities they serve;
(ii)
Assist Parent Committees in communicating with parents enrolled
in all program options to ensure that they understand their
rights, responsibilities, and opportunities in Early Head Start
and Head Start and to encourage their participation in the
program;
(iii)
Assist Parent Committees in planning, coordinating, and
organizing program activities for parents with the assistance
of staff, and ensuring that funds set aside from program
budgets are used to support parent activities;
(iv)
Assist in recruiting volunteer services from parents, community
residents, and community organizations, and assist in the
mobilization of community resources to meet identified needs;
and
(v)
Establish and maintain procedures for working with the grantee
or delegate agency to resolve community complaints about the
program.
(e)
Parent Committee. The Parent Committee must carry out at least
the following minimum responsibilities:
(1)
Advise staff in developing and implementing local program
policies, activities, and services;
(2)
Plan, conduct, and participate in informal as well as formal
programs and activities for parents and staff; and
(3)
Within the guidelines established by the governing body, Policy
Council, or Policy Committee, participate in the recruitment
and screening of Early Head Start and Head Start employees.
(f)
Policy Council, Policy Committee, and Parent Committee
reimbursement. Grantee and delegate agencies must enable
low-income members to participate fully in their group
responsibilities by providing, if necessary, reimbursements for
reasonable expenses incurred by the members.
(g)
Governing body responsibilities.
(1)
Grantee and delegate agencies must have written policies that
define the roles and responsibilities of the governing body
members and that inform them of the management procedures and
functions necessary to implement a high quality program.
(2)
Grantee and delegate agencies must ensure that appropriate
internal controls are established and implemented to safeguard
Federal funds in accordance with 45 CFR 1301.13.
(h)
Internal dispute resolution. Each grantee and delegate agency
and Policy Council or Policy Committee jointly must establish
written procedures for resolving internal disputes, including
impasse procedures, between the governing body and policy
group.
§
1304.51 Management systems and procedures.
(a)
Program planning.
(1)
Grantee and delegate agencies must develop and implement a
systematic, ongoing process of program planning that includes
consultation with the program's governing body, policy groups,
and program staff, and with other community organizations that
serve Early Head Start and Head Start or other low-income
families with young children. Program planning must include:
(i)
An assessment of community strengths, needs and resources
through completion of the Community Assessment, in accordance
with the requirements of 45 CFR 1305.3;
(ii)
The formulation of both multi-year (long-range) program goals
and short-term program and financial objectives that address
the findings of the Community Assessment, are consistent with
the philosophy of Early Head Start and Head Start, and reflect
the findings of the program's annual self- assessment; and
(iii)
The development of written plan(s) for implementing services in
each of the program areas covered by this part (e.g., Early
Childhood Development and Health Services, Family and Community
Partnerships, and Program Design and Management). See the
requirements of 45 CFR parts 1305, 1306, and 1308.
(2)
All written plans for implementing services, and the progress
in meeting them, must be reviewed by the grantee or delegate
agency staff and reviewed and approved by the Policy Council or
Policy Committee at least annually, and must be revised and
updated as needed.
(b)
Communications-general. Grantee and delegate agencies must
establish and implement systems to ensure that timely and
accurate information is provided to parents, policy groups,
staff, and the general community.
(c)
Communication with families.
(1)
Grantee and delegate agencies must ensure that effective
two-way comprehensive communications between staff and parents
are carried out on a regular basis throughout the program year.
(2)
Communication with parents must be carried out in the parents'
primary or preferred language or through an interpreter, to the
extent feasible.
(d)
Communication with governing bodies and policy groups. Grantee
and delegate agencies must ensure that the following
information is provided regularly to their grantee and delegate
governing bodies and to members of their policy groups:
(1)
Procedures and timetables for program planning;
(2)
Policies, guidelines, and other communications from HHS;
(3)
Program and financial reports; and
(4)
Program plans, policies, procedures, and Early Head Start and
Head Start grant applications.
(e)
Communication among staff. Grantee and delegate agencies must
have mechanisms for regular communication among all program
staff to facilitate quality outcomes for children and families.
(f)
Communication with delegate agencies. Grantees must have a
procedure for ensuring that delegate agency governing bodies,
Policy Committees, and all staff receive all regulations,
policies, and other pertinent communications in a timely
manner.
(g)
Record-keeping systems. Grantee and delegate agencies must
establish and maintain efficient and effective record-keeping
systems to provide accurate and timely information regarding
children, families, and staff and must ensure appropriate
confidentiality of this information.
(h)
Reporting systems. Grantee and delegate agencies must establish
and maintain efficient and effective reporting systems that:
(1)
Generate periodic reports of financial status and program
operations in order to control program quality, maintain
program accountability, and advise governing bodies, policy
groups, and staff of program progress; and
(2)
Generate official reports for Federal, State, and local
authorities, as required by applicable law.
(i)
Program self-assessment and monitoring.
(1)
At least once each program year, with the consultation and
participation of the policy groups and, as appropriate, other
community members, grantee and delegate agencies must conduct a
self-assessment of their effectiveness and progress in meeting
program goals and objectives and in implementing Federal
regulations.
(2)
Grantees must establish and implement procedures for the
ongoing monitoring of their own Early Head Start and Head Start
operations, as well as those of each of their delegate
agencies, to ensure that these operations effectively implement
Federal regulations.
(3)
Grantees must inform delegate agency governing bodies of any
deficiencies in delegate agency operations identified in the
monitoring review and must help them develop plans, including
timetables, for addressing identified problems.
§
1304.52 Human resources management.
(a)
Organizational structure.
(1)
Grantee and delegate agencies must establish and maintain an
organizational structure that supports the accomplishment of
program objectives. This structure must address the major
functions and responsibilities assigned to each staff position
and must provide evidence of adequate mechanisms for staff
supervision and support.
(2)
At a minimum, grantee and delegate agencies must ensure that
the following program management functions are formally
assigned to and adopted by staff within the program:
(i)
Program management (the Early Head Start or Head Start
director);
(ii)
Management of early childhood development and health services,
including child development and education; child medical,
dental, and mental health; child nutrition; and, services for
children with disabilities; and
(iii)
Management of family and community partnerships, including
parent activities.
(b)
Staff qualifications--general.
(1)
Grantee and delegate agencies must ensure that staff and
consultants have the knowledge, skills, and experience they
need to perform their assigned functions responsibly.
(2)
In addition, grantee and delegate agencies must ensure that
only candidates with the qualifications specified in this part
and in 45 CFR 1306.21 are hired.
(3)
Current and former Early Head Start and Head Start parents must
receive preference for employment vacancies for which they are
qualified.
(4)
Staff and program consultants must be familiar with the ethnic
background and heritage of families in the program and must be
able to serve and effectively communicate, to the extent
feasible, with children and families with no or limited English
proficiency.
(c)
Early Head Start or Head Start director qualifications. The
Early Head Start or Head Start director must have demonstrated
skills and abilities in a management capacity relevant to human
services program management.
(d)
Qualifications of content area experts. Grantee and delegate
agencies must hire staff or consultants who meet the
qualifications listed below to provide content area expertise
and oversight on an ongoing or regularly scheduled basis.
Agencies must determine the appropriate staffing pattern
necessary to provide these functions.
(1)
Education and child development services must be supported by
staff or consultants with training and experience in areas that
include: The theories and principles of child growth and
development, early childhood education, and family support. In
addition, staff or consultants must meet the qualifications for
classroom teachers, as specified in section 648A of the Head
Start Act and any subsequent amendments regarding the
qualifications of teachers.
(2)
Health services must be supported by staff or consultants with
training and experience in public health, nursing, health
education, maternal and child health, or health administration.
In addition, when a health procedure must be performed only by
a licensed/certified health professional, the agency must
assure that the requirement is followed.
(3)
Nutrition services must be supported by staff or consultants
who are registered dietitians or nutritionists.
(4)
Mental health services must be supported by staff or
consultants who are licensed or certified mental health
professionals with experience and expertise in serving young
children and their families.
(5)
Family and community partnership services must be supported by
staff or consultants with training and experience in field(s)
related to social, human, or family services.
(6)
Parent involvement services must be supported by staff or
consultants with training, experience, and skills in assisting
the parents of young children in advocating and decision-making
for their families.
(7)
Disabilities services must be supported by staff or consultants
with training and experience in securing and individualizing
needed services for children with disabilities.
(8)
Grantee and delegate agencies must secure the regularly
scheduled or ongoing services of a qualified fiscal officer.
(e)
Home visitor qualifications. Home visitors must have knowledge
and experience in child development and early childhood
education; the principles of child health, safety, and
nutrition; adult learning principles; and family dynamics. They
must be skilled in communicating with and motivating people. In
addition, they must have knowledge of community resources and
the skills to link families with appropriate agencies and
services.
(f)
Infant and toddler staff qualifications. Early Head Start and
Head Start staff working as teachers with infants and toddlers
must obtain a Child Development Associate (CDA) credential for
Infant and Toddler Caregivers or an equivalent credential that
addresses comparable competencies within one year of the
effective date of the final rule or, thereafter, within one
year of hire as a teacher of infants and toddlers. In addition,
infants and toddler teachers must have the training and
experience necessary to develop consistent, stable, and
supportive relationships with very young children. The training
must develop knowledge of infant and toddler development,
safety issues in infant and toddler care (e.g., reducing the
risk of Sudden Infant Death Syndrome), and methods for
communicating effectively with infants and toddlers, their
parents, and other staff members.
(g)
Classroom staffing and home visitors.
(1)
Grantee and delegate agencies must meet the requirements of 45
CFR 1306.20 regarding classroom staffing.
(2)
When a majority of children speak the same language, at least
one classroom staff member or home visitor interacting
regularly with the children must speak their language.
(3)
For center-based programs, the class size requirements
specified in 45 CFR 1306.32 must be maintained through the
provision of substitutes when regular classroom staff are
absent.
(4)
Grantee and delegate agencies must ensure that each teacher
working exclusively with infants and toddlers has
responsibility for no more than four infants and toddlers and
that no more than eight infants and toddlers are placed in any
one group. However, if State, Tribal or local regulations
specify staff:child ratios and group sizes more stringent than
this requirement, the State, Tribal or local regulations must
apply.
(5)
Staff must supervise the outdoor and indoor play areas in such
a way that children's safety can be easily monitored and
ensured.
(h)
Standards of conduct.
(1)
Grantee and delegate agencies must ensure that all staff,
consultants, and volunteers abide by the program's standards of
conduct. These standards must specify that:
(i)
They will respect and promote the unique identity of each child
and family and refrain from stereotyping on the basis of
gender, race, ethnicity, culture, religion, or disability;
(ii)
They will follow program confidentiality policies concerning
information about children, families, and other staff members;
(iii)
No child will be left alone or unsupervised while under their
care; and
(iv)
They will use positive methods of child guidance and will not
engage in corporal punishment, emotional or physical abuse, or
humiliation. In addition, they will not employ methods of
discipline that involve isolation, the use of food as
punishment or reward, or the denial of basic needs.
(2)
Grantee and delegate agencies must ensure that all employees
engaged in the award and administration of contracts or other
financial awards sign statements that they will not solicit or
accept personal gratuities, favors, or anything of significant
monetary value from contractors or potential contractors.
(3)
Personnel policies and procedures must include provision for
appropriatepenalties for violating the standards of conduct.
(i)
Staff performance appraisals. Grantee and delegate agencies
must, at a minimum, perform annual performance reviews of each
Early Head Start and Head Start staff member and use the
results of these reviews to identify staff training and
professional development needs, modify staff performance
agreements, as necessary, and assist each staff member in
improving his or her skills and professional competencies.
(j)
Staff and volunteer health.
(1)
Grantee and delegate agencies must assure that each staff
member has an initial health examination (that includes
screening for tuberculosis) and a periodic re-examination (as
recommended by their health care provider or as mandated by
State, Tribal, or local laws) so as to assure that they do not,
because of communicable diseases, pose a significant risk to
the health or safety of others in the Early Head Start or Head
Start program that cannot be eliminated or reduced by
reasonable accommodation. This requirement must be implemented
consistent with the requirements of the Americans with
Disabilities Act and section 504 of the Rehabilitation Act.
(2)
Regular volunteers must be screened for tuberculosis in
accordance with State, Tribal or local laws. In the absence of
State, Tribal or local law, the Health Services Advisory
Committee must be consulted regarding the need for such
screenings (see 45 CFR 1304.3(20) for a definition of
volunteer).
(3)
Grantee and delegate agencies must make mental health and
wellness information available to staff with concerns that may
affect their job performance.
(k)
Training and development.
(1)
Grantee and delegate agencies must provide an orientation to
all new staff, consultants, and volunteers that includes, at a
minimum, the goals and underlying philosophy of Early Head
Start and/or Head Start and the ways in which they are
implemented by the program.
(2)
Grantee and delegate agencies must establish and implement a
structured approach to staff training and development,
attaching academic credit whenever possible. This system should
be designed to help build relationships among staff and to
assist staff in acquiring or increasing the knowledge and
skills needed to fulfill their job responsibilities, in
accordance with the requirements of 45 CFR 1306.23.
(3)
At a minimum, this system must include ongoing opportunities
for staff to acquire the knowledge and skills necessary to
implement the content of the Head Start Program Performance
Standards. This program must also include:
(i)
Methods for identifying and reporting child abuse and neglect
that comply with applicable State and local laws using, so far
as possible, a helpful rather than a punitive attitude toward
abusing or neglecting parents and other caretakers; and
(ii)
Methods for planning for successful child and family
transitions to and from the Early Head Start or Head Start
program.
(4)
Grantee and delegate agencies must provide training or
orientation to Early Head Start and Head Start governing body
members. Agencies must also provide orientation and ongoing
training to Early Head Start and Head Start Policy Council and
Policy Committee members to enable them to carry out their
program governance responsibilities effectively.
§
1304.53 Facilities, materials, and equipment.
(a)
Head Start physical environment and facilities.
(1)
Grantee and delegate agencies must provide a physical
environment and facilities conducive to learning and reflective
of the different stages of development of each child.
(2)
Grantee and delegate agencies must provide appropriate space
for the conduct of all program activities (see 45 CFR 1308.4
for specific access requirements for children with
disabilities).
(3)
The center space provided by grantee and delegate agencies must
be organized into functional areas that can be recognized by
the children and that allow for individual activities and
social interactions.
(4)
The indoor and outdoor space in Early Head Start or Head Start
centers in use by mobile infants and toddlers must be separated
from general walkways and from areas in use by preschoolers.
(5)
Centers must have at least 35 square feet of usable indoor
space per child available for the care and use of children
(i.e., exclusive of bathrooms, halls, kitchen, staff rooms, and
storage places) and at least 75 square feet of usable outdoor
play space per child.
(6)
Facilities owned or operated by Early Head Start and Head Start
grantee or delegate agencies must meet the licensing
requirements of 45 CFR 1306.30.
(7)
Grantee and delegate agencies must provide for the maintenance,
repair, safety, and security of all Early Head Start and Head
Start facilities, materials and equipment.
(8)
Grantee and delegate agencies must provide a center-based
environment free of toxins, such as cigarette smoke, lead,
pesticides, herbicides, and other air pollutants as well as
soil and water contaminants. Agencies must ensure that no child
is present during the spraying of pesticides or herbicides.
Children must not return to the affected area until it is safe
to do so.
(9)
Outdoor play areas at center-based programs must be arranged so
as to prevent any child from leaving the premises and getting
into unsafe and unsupervised areas. Enroute to play areas,
children must not be exposed to vehicular traffic without
supervision.
(10)
Grantee and delegate agencies must conduct a safety inspection,
at least annually, to ensure that each facility's space, light,
ventilation, heat, and other physical arrangements are
consistent with the health, safety and developmental needs of
children. At a minimum, agencies must ensure that:
(i)
In climates where such systems are necessary, there is a safe
and effective heating and cooling system that is insulated to
protect children and staff from potential burns;
(ii)
No highly flammable furnishings, decorations, or materials that
emit highly toxic fumes when burned are used;
(iii)
Flammable and other dangerous materials and potential poisons
are stored in locked cabinets or storage facilities separate
from stored medications and food and are accessible only to
authorized persons. All medications, including those required
for staff and volunteers, are labeled, stored under lock and
key, refrigerated if necessary, and kept out of the reach of
children;
(iv)
Rooms are well lit and provide emergency lighting in the case
of power failure;
(v)
Approved, working fire extinguishers are readily available;
(vi)
An appropriate number of smoke detectors are installed and
tested regularly;
(vii)
Exits are clearly visible and evacuation routes are clearly
marked and posted so that the path to safety outside is
unmistakable (see 45 CFR 1304.22 for additional emergency
procedures);
(viii)
Indoor and outdoor premises are cleaned daily and kept free of
undesirable and hazardous materials and conditions;
(ix)
Paint coatings on both interior and exterior premises used for
the care of children do not contain hazardous quantities of
lead;
(x)
The selection, layout, and maintenance of playground equipment
and surfaces minimize the possibility of injury to children;
(xi)
Electrical outlets accessible to children prevent shock through
the use of child-resistant covers, the installation of
child-protection outlets, or the use of safety plugs;
(xii)
Windows and glass doors are constructed, adapted, or adjusted
to prevent injury to children;
(xiii)
Only sources of water approved by the local or State health
authority are used;
(xiv)
Toilets and handwashing facilities are adequate, clean, in good
repair, and easily reached by children. Toileting and diapering
areas must be separated from areas used for cooking, eating, or
children's activities;
(xv)
Toilet training equipment is provided for children being toilet
trained;
(xvi)
All sewage and liquid waste is disposed of through a locally
approved sewer system, and garbage and trash are stored in a
safe and sanitary manner; and
(xvii)
Adequate provisions are made for children with disabilities to
ensure their safety, comfort, and participation.
(b)
Head Start equipment, toys, materials, and furniture.
(1)
Grantee and delegate agencies must provide and arrange
sufficient equipment, toys, materials, and furniture to meet
the needs and facilitate the participation of children and
adults. Equipment, toys, materials, and furniture owned or
operated by the grantee or delegate agency must be:
(i)
Supportive of the specific educational objectives of the local
program;
(ii)
Supportive of the cultural and ethnic backgrounds of the
children;
(iii)
Age-appropriate, safe, and supportive of the abilities and
developmental level of each child served, with adaptations, if
necessary, for children with disabilities;
(iv)
Accessible, attractive, and inviting to children;
(v)
Designed to provide a variety of learning experiences and to
encourage each child to experiment and explore;
(vi)
Safe, durable, and kept in good condition; and
(vii)
Stored in a safe and orderly fashion when not in use.
(2)
Infant and toddler toys must be made of non-toxic materials and
must be sanitized regularly.
(3)
To reduce the risk of Sudden Infant Death Syndrome (SIDS), all
sleeping arrangements for infants must use firm mattresses and
avoid soft bedding materials such as comforters, pillows,
fluffy blankets or stuffed toys.
§
1304.60 Deficiencies and quality improvement plans.
(a)
Early Head Start and Head Start grantee and delegate agencies
must comply with the requirements of this part in accordance
with the effective date set forth in 45 CFR 1304.2.
(b)
If the responsible HHS official, as a result of information
obtained from a review of an Early Head Start or a Head Start
grantee, determines that the grantee has one or more
deficiencies, as defined in Sec. 1304.3(a)(6) of this part, and
therefore also is in violation of the minimum requirements as
defined in Sec. 1304.3(a)(14) of this part, he or she will
notify the grantee promptly, in writing, of the finding,
identifying the deficiencies to be corrected and, with respect
to each identified deficiency, will inform the grantee that it
must correct the deficiency either immediately or pursuant to a
Quality Improvement Plan.
(c)
An Early Head Start or Head Start grantee with one or more
deficiencies to be corrected under a Quality Improvement Plan
must submit to the responsible HHS official a Quality
Improvement Plan specifying, for each identified deficiency,
the actions that the grantee will take to correct the
deficiency and the timeframe within which it will be corrected.
In no case can the timeframes proposed in the Quality
Improvement Plan exceed one year from the date that the grantee
received official notification of the deficiencies to be
corrected.
(d)
Within 30 days of the receipt of the Quality Improvement Plan,
the responsible HHS official will notify the Early Head Start
or Head Start grantee, in writing, of the Plan's approval or
specify the reasons why the Plan is disapproved.
(e)
If the Quality Improvement Plan is disapproved, the Early Head
Start or Head Start grantee must submit a revised Quality
Improvement Plan, making the changes necessary to address the
reasons that the initial Plan was disapproved.
(f)
If an Early Head Start or Head Start grantee fails to correct a
deficiency, either immediately, or within the timeframe
specified in the approved Quality Improvement Plan, the
responsible HHS official will issue a letter of termination or
denial of refunding. Head Start grantees may appeal
terminations and denials of refunding under 45 CFR part 1303,
while Early Head Start grantees may appeal terminations and
denials of refunding only under 45 CFR part 74 or part 92. A
deficiency that is not timely corrected shall be a material
failure of a grantee to comply with the terms and conditions of
an award within the meaning of 45 CFR 74.61(a)(1), 45 CFR 74.62
and 45 CFR 92.43(a).
§
1304.61 Noncompliance.
(a)
If the responsible HHS official, as a result of information
obtained from a review of an Early Head Start or Head Start
grantee, determines that the grantee is not in compliance with
Federal or State requirements (including, but not limited to,
the Head Start Act or one or more of the regulations under
parts 1301, 1304, 1305, 1306 or 1308 of this title) in ways
that do not constitute a deficiency, he or she will notify the
grantee promptly, in writing, of the finding, identifying the
area or areas of noncompliance to be corrected and specifying
the period in which they must corrected.
(b)
Early Head Start or Head Start grantees which have received
written notification of an area of noncompliance to be
corrected must correct the area of noncompliance within the
time period specified by the responsible HHS official. A
grantee which is unable or unwilling to correct the specified
areas of noncompliance within the prescribed time period will
be judged to have a deficiency which must be corrected, either
immediately or pursuant to a Quality Improvement Plan (see 45
CFR 1304.3(a)(6)(iii) and 45 CFR 1304.60).
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