[Federal Register Volume 63, Number 10 (Thursday, January 15, 1998)]
[Rules and Regulations]
[Pages 2312-2314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-961]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 1301, 1304, 1305 and 1306
Head Start Program
AGENCY: Administration on Children, Youth and Families Administration
for Children and Families, HHS.
ACTION: Technical and correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains technical and correcting amendments to
the Head Start Program final rule published on November 5, 1996 (61 FR
57186). The final rule implements the statutory provisions for
establishing Program Performance Standards for Early Head Start
grantees and Head Start Grantee and delegate agencies providing
services to eligible children from birth to five years and their
families as well as pregnant women and for taking corrective actions
when Early Head Start or Head Start agencies fail to meet such
standards. These technical and correcting amendments add the Office of
Management and Budget (OMB) Control Number to sections containing
information collection requirements for which OMB approval has been
obtained and make other necessary corrections.
DATES: Effective on January 15, 1998.
FOR FURTHER INFORMATION CONTACT: E. Dollie Wolverton, Head Start
Bureau, 202-205-8418 (not a toll free call);
SUPPLEMENTARY INFORMATION:
I. Background
The final rule on Head Start Performance Standards was published on
November 5, 1996 (61 FR 57186), in the Federal Register. The purpose of
the final rule, the first wide ranging revision of the performance
standards in over 20 years, is to implement the 1994 amendments to the
Head Start Act which require an update to the Head Start Program
Performance Standards.
II. Need for Technical and Correcting Amendments to 45 CFR Parts 1301,
1304, 1305, and 1306
This document adds the OMB Control number to the sections
containing information collection requirements for which OMB approval
has been obtained; corrects errors and omissions in the text of the
final regulations; makes changes in certain provisions to make them
easier to read; adds and corrects cross references to other related
sections of the Head Start regulations, and makes one change required
by the Head Start Act.
The Office of Management and Budget (OMB) approved the information
and collection requirements in 45 CFR sections 1301.31(b) on personnel
policies; 1304.20 (a), (c), and (d) on child health and developmental
services; 1304.22(c) on child health and safety; 1304.23(a) on child
nutrition; 1304.40(a) on family partnerships; 1304.41(a) on community
partnerships; 1304.50 (f), (g), and (h) on program governance; 1304.51
(a) and (i) on management systems and procedures; 1304.52(j) on human
resources management; and 1304.60(b) and (c) on deficiencies and
quality improvement plans. This Notice adds the newly assigned OMB
Control number 0970-0148 for these sections as required by OMB. The
expiration date for the approval is December 31, 1999. In the case of
45 CFR 1305.3 (b) and (d), a technical edit is made in the
parenthetical statement at the end of the section on the OMB Control
Number. Changes have been made to citations in several places in
Appendix A.
Changes are made in the text in 45 CFR Sec. 1304.20(b),
Sec. 1304.20(f)(1), Sec. 1304.41(b), Sec. 1304.50(b)(3), 1304.52(j)(1)
and Sec. 1306.30(c) to make the provisions easier to understand without
changing their requirements. There are also corrections to
typographical errors in Appendix A, Paragraph (b), II General
Procedures, and Paragraphs (c) and (e), III Human Resources Management.
The references to ``delegate agencies'' are being deleted from 45 CFR
1305.3 because these references were included in the final regulations
as the result of typographical errors. Paragraph (ix) is being deleted
from 45 CFR 1304.50(d)(1). The provision, which requires that members
of the Policy Councils and Policy Committees approve the Head Start
Program's annual audit, was included in the final regulation through an
error. The deletion of this provision necessitates changes to the
numbering of 45 CFR 1304.50(d)(1) (x)-(xiii) and references to those
provisions in Appendix A.
This notice also includes changes to several of the cross-
references in the regulations which have been provided to assist
grantees and others in using the document and which do not affect the
[[Page 2313]]
requirements of the regulations. The phrase ``Head Start parents'' was
omitted from 45 CFR 1304.41(b) and is being inserted to comply with
Section 641A(a)(3)(C)(ii) of the Head Start Act (42 U.S.C. 9836A). The
parenthetical phrase (``this regulation is binding on Policy Councils
exclusively'') is being removed from Sec. 1304.51(d)(1)(iii) because it
may be misunderstood. The statement in the parenthetical applies to the
cross reference cited in the provision as a whole.
Grantees that already have taken steps to comply with 45 CFR
1304.41(b), will be given an opportunity to take any necessary
corrective action before being sanctioned as provided by the Head Start
Act.
Waiver of Notice and Comment Procedures
The Administrative Procedure Act (5 U.S.C. 553(b)(B)) requires that
a notice of proposed rulemaking be published unless the Department
finds, for good cause, that such notice and opportunity for public
comment is impracticable, unnecessary, or contrary to the public
interest. In this instance, the rule in question effects technical
changes, corrections to and deletion of text not properly included in
the regulations and a change necessary to comply with provisions of the
Head Start Act. Accordingly, the Department has determined that it
would be unnecessary to use notice and comment procedures in issuing
these amendments.
Impact Analysis
No Impact Analysis is needed for the technical amendments. The
impact of the necessary corrections falls within the analysis of the
Performance Standards published in the Federal Register on November 5,
1996 (61 FR 57186 and 57209).
List of Subjects
45 CFR Part 1301
Administrative practice and procedure, Education of disadvantaged,
Grant programs/social programs, Selection of grantees.
45 CFR Part 1304
Dental health, Education of disadvantaged, Grant programs/social
programs, Health care, Mental health programs, Nutrition, Reporting and
recordkeeping requirements.
45 CFR Part 1305
Education of disadvantaged, Grant programs/social programs,
Individuals with disabilities.
45 CFR Part 1306
Education of disadvantaged, Grant programs/social programs,
Individuals with disabilities.
(Catalog of Federal Domestic Assistance Program Number 93.600,
Project Head Start)
Dated: January 7, 1998.
Neil J. Stillman,
Deputy Assistant Secretary for Information and Resource Management.
Accordingly, 45 CFR Parts 1301, 1304, 1305, and 1306 of the Head
Start final rule are corrected by making the following technical and
correcting amendments:
PART 1301--HEAD START GRANTS ADMINISTRATION
1. The authority citation for Part 1301 continues to read as
follows:
Authority: 42 U.S.C. 9801 et seq.
2. In Sec. 1301.31, revise the parenthetical sentence at the end of
the section to read as follows:
Sec. 1301.31 Personnel policies.
* * * * *
(The information collection requirements are approved by the Office of
Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraph (b).)
PART 1304--PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD
START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES
3. The authority citation for Part 1304 continues to read as
follows:
Authority: 42 U.S.C. 9801 et seq.
Sec. 1304.20 [Corrected]
4. In Sec. 1304.20:
A. In the heading of paragraph (b):
(1) Remove the word ``screening'' and add in its place
``concerns''; and
(2) Add the words ``screening for'' before the word
``developmental'';
B. In the first sentence of paragraph (b)(1):
(1) Add the words ``screening procedures to identify concerns
regarding a child's'' after the word ``appropriate'';
(2) Add in parentheses ``(visual and auditory),'' after the word
``sensory'';
(3) Remove the word ``and'' before the word ``behavioral'' and add
a comma after ``behavioral'', and remove the words ``screenings of''
after the word ``behavioral'';
C. In the second sentence of paragraph (b)(1) remove the word
``screenings'' and add the words ``screening procedures''.
D. In paragraph (c)(4), after the words ``Individualized Education
Program'' add the parenthetical letters ``(IEP)'';
E. In paragraph (f)(1) add the words ``screening for'' before the
word ``developmental'' and remove the word ``screening'' after the word
``behavioral'' and add the word ``concerns'' in its place; and
F. Add the Office of Management and Budget Control Number in a
parenthetical sentence at the end to read as follows:
Sec. 1304.20 Child health and developmental services.
* * * * *
(The information and collection requirements are approved by the Office
of Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraphs (a), (c) and (d).)
Sec. 1304.21 [Corrected]
5. In Sec. 1304.21(b)(1), within the parenthetical phrase at the
end which reads ``(see 45 CFR 1304.3(a)(5))'', add the words ``for a
definition of curriculum'' after the number ``(5)''. In paragraph
(b)(1)(i) of this section in the phrase at the end which reads ``See 45
CFR 1304.52(g)(4)'', remove the number ``(4)'' and replace it with
``(2)''.
6. In Sec. 1304.22, add the OMB Control Number in a parenthetical
sentence at the end of the section to read as follows:
Sec. 1304.22 Child health and safety.
* * * * *
(The information collection requirements are approved by the Office of
Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraph (c).)
7. In Sec. 1304.23, add the OMB Control Number in a parenthetical
sentence at the end of the section to read as follows:
Sec. 1304.23 Child nutrition.
* * * * *
(The information collection requirements are approved by the Office of
Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraph (a).)
Sec. 1304.40 [Corrected]
8. In Sec. 1304.40(a) (2) and (3) remove the capital letters from
``Family Partnership Agreements'' and ``Agreement'' and in their place
add the lower case. At the end of paragraph (i)(4) of this section, add
in parentheses ``(See 45 CFR 1306.33 regarding the home-based program
option.)''. Add the Office of Management and Budget Control Number in a
parenthetical sentence at the end of the section to read as follows:
[[Page 2314]]
Sec. 1304.40 Family partnerships.
* * * * *
(The information and collection requirements are approved by the Office
of Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraph (a).
Sec. 1304.41 [Corrected]
9. In Sec. 1304.41(b), after the word ``includes'' add the words
``Head Start parents,''. In this same paragraph add a comma after the
word ``professionals'' and add the word ``other'' before the word
``volunteers''. Add the Office of Management and Budget Control Number
in a parenthetical sentence at the end of the section to read as
follows:
Sec. 1304.41 Community partnerships.
* * * * *
(The information collection requirements are approved by the Office of
Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraph (a).)
Sec. 1304.50 [Corrected]
10. In Sec. 1304.50(b)(3), after the words ``low-income children
and families'' remove the period and add a comma in its place, remove
``Community representatives may'', and remove ``include'' and add
``including, for example,'' in its place. In paragraph (d)(1)(iii) at
the end, remove the phrase ``(this regulation is binding on Policy
Councils exclusively)''. Remove paragraph (d)(1)(ix) of this section
and redesignate paragraphs (d)(1)(x) through (d)(1)(xii) as paragraphs
(d)(1)(ix) through (d)(1)(xi), respectively. In paragraph (e)(3),
remove the words ``Governing Board'' and in its place add ``governing
body''. Add the Office of Management and Budget Control Number in a
parenthetical sentence at the end of the section to read as follows:
Sec. 1304.50 Program governance.
* * * * *
(The information and collection requirements are approved by the Office
of Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraphs (f), (g), and (h).)
Appendix A--[Corrected]
11. In Appendix A, make corrections as follows:
A. Under I. Planning, the ``Function'' column, remove the sentence
at the end of paragraph (a) which reads ``(this regulation is binding
on Policy Councils exclusively.)''.
B. In paragraph (b) under II. General Procedures, in the Grantee
Agency/Policy Council column, remove the ``C'' and add in its place
``--'' to show the space is now blank and on the same line in the
Delegate Agency/Policy Committee column remove the letter ``C'' and add
in its place ``--'' to show the space is now blank.
C. Under II. General Procedures, in paragraph (g), at the
beginning, remove ``1304.50(d)(1)(ix)''.
D. Under III, Human Resources Management:
(1) In paragraph (a) remove ``1304.50(d)(1)(x)'' and add in its
place ``1304.50(d)(1)(ix)''.
(2) In paragraph (b) remove ``1304.50(d)(1)(xi)'' and add in its
place ``1304.50(d)(1)(x)''.
(3) In paragraph (c) remove ``1304.50(d)(1)(xii)'' and add in its
place ``1304.50(d)(1)(xi)'', and in the column on Grantee Agency/
Governing body remove ``C'' and add in its place ``A''.
(4) In paragraph (d) remove ``1304.50(d)(1)(xi)'' and add in its
place ``1304.50(d)(1)(x).''
(5) In paragraph (e), remove ``1304.50(d)(1)(xii)'' and add in its
place ``1304.50(d)(1)(xi)'', and under the Delegate Agency/Governing
body column, remove the ``C'' and add in its place ``A''.
Sec. 1304.51 [Corrected]
12. At the end of Sec. 1304.51(a)(1)(iii), add the sentence ``See
the requirements of 45 CFR parts 1305, 1306, and 1308.''. Add the
Office of Management and Budget Control Number in a parenthetical
sentence at the end of the section to read as follows:
Sec. 1304.51 Management systems and procedures.
* * * * *
(The information and collection requirements are approved by the Office
of Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraphs (a) and (i).)
Sec. 1304.52 [Corrected]
13. In Sec. 1304.52(j)(1) add a set of parentheses around the words
``that includes screening for tuberculosis''. Add the Office of
Management and Budget Control Number in a parenthetical sentence at the
end of the section to read as follows:
Sec. 1304.52 Human resources management.
* * * * *
(The information and collection requirements are approved by the Office
of Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraph (j).)
14. In Sec. 1304.60 add the Office of Management and Budget Control
Number in a parenthetical sentence at the end of the section to read as
follows:
Sec. 1304.60 Deficiencies and quality improvement plans.
* * * * *
(The information and collection requirements are approved by the Office
of Management and Budget (OMB) under OMB Control Number 0970-0148 for
paragraphs (b) and (c).)
PART 1305--ELIGIBILITY, RECRUITMENT, SELECTION, ENROLLMENT AND
ATTENDANCE IN HEAD START
15. The authority citation for Part 1305 continues to read as
follows:
Authority: 42 U.S.C. 9801 et seq.
Sec. 1305.3 [Corrected]
16. In Sec. 1305.3(b) remove the words ``and delegate agency'' and
``or delegate's''. In paragraph (d) of this section remove ``or
delegate agency''. Revise the Office of Management and Budget Control
Number parenthetical sentence at the end of the section to read as
follows:
Sec. 1305.3. Determining community strengths and needs.
* * * * *
(The information collection requirements are approved by the Office of
Management and Budget (OMB) under OMB Control Number 0970-0124 for
paragraphs (b) and (d).)
PART 1306--HEAD START STAFFING REQUIREMENTS AND PROGRAM OPTIONS
17. The authority citation for Part 1306 continues to read as
follows:
Authority: 42 U.S.C. 9801 et seq.
Sec. 1306.30 [Corrected]
18. In Sec. 1306.30(c) in the second sentence, remove the comma
before the words ``at a minimum'', remove the words ``at a minimum,'',
remove the word ``the'' before the word ``safety'', add the words
``health and'' before the word ``safety'', and remove the words ``of
facilities'' and add the word ``as'' in its place.
[FR Doc. 98-961 Filed 1-14-98; 8:45 am]
BILLING CODE 4184-01-P
