[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34328-34330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16826]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1302
RIN 0970-AB52
Head Start Program
AGENCY: Administration on Children, Youth and Families (ACYF),
Administration for Children and Families (ACF), HHS.
ACTION: Final rule.
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SUMMARY: The Administration on Children, Youth and Families is issuing
this final rule to amend its procedures regarding replacement of Indian
tribal grantees. The change would add provisions to implement a new
statutory provision that allows Indian tribes which are Head Start
grantees to identify an agency, and request that the agency be
designated by the Department as an alternative grantee, when the
grantee is terminated or denied refunding.
EFFECTIVE DATES: The effective date of this final rule is July 24,
1998.
FOR FURTHER INFORMATION CONTACT: Douglas Klafehn, Deputy Associate
Commissioner, Head Start Bureau, Administration for Children, Youth and
Families, P.O. Box 1182, Washington, D.C. 20013; (202) 205-8572.
SUPPLEMENTARY INFORMATION:
I. Program Purpose
Head Start is authorized under the Head Start Act (42 U.S.C. 9801
et seq.). It is a national program providing comprehensive
developmental services primarily to low-income preschool children, age
three to the age of compulsory school attendance, and their families.
In addition, Section 645A of the Head Start Act provides authority to
fund programs for families with infants and toddlers, known as Early
Head Start programs. To help enrolled children achieve their full
potential, Head Start programs provide comprehensive health,
nutritional, educational, social and other services. Additionally, Head
Start programs are required to provide for the direct participation of
the parents of enrolled children in the development, conduct, and
direction of local programs. Parents also receive training and
education to foster their understanding of and involvement in the
development of their children. In fiscal year 1997, Head Start served
793,809 children through a network of over 2,000 grantees and delegate
agencies.
While Head Start is intended to serve primarily children whose
families have incomes at or below the poverty line, or who receive
public assistance, the Head Start Act and implementing regulations
permit up to 10 percent (and more for Indian tribes under certain
circumstances) of the children in local programs to be from families
who do not meet these low-income criteria. The Act also requires that a
minimum of 10 percent of the enrollment opportunities in each program
be made available to children with disabilities. Such children are
expected to participate in the full range of Head Start services and
activities with their non-disabled peers and to receive needed special
education and related services.
II. Summary of the Final Rule
This final rule was published as a Notice of Proposed Rulemaking on
December 16, 1997, in the Federal Register (62 FR 65778). We received
no comments on the rule and therefore are issuing it as final with no
changes.
The authority for this final rule is section 646 of the Head Start
Act (42 U.S.C. 9841), as amended by Public Law 103-252, Title I of the
Human Service Amendments of 1994. Section 646(e) directs the Secretary
to specify a process by which an Indian tribe may identify an agency,
and request that the agency identified be designated as the Head Start
agency providing services to the tribe, if (a) financial assistance to
the tribal grantee is terminated, and (b) the tribe would otherwise be
precluded from providing Head Start services to its members because of
the termination. The Act specifies that the regulation must prohibit
the designation as Head Start grantee of an agency that includes an
employee who served on the administrative or program staff of the
terminated agency when that employee was responsible for a deficiency
that was the basis for the termination.
The final rule:
Adds a new definition for Indian tribe;
Provides that an Indian tribe may identify an agency to
serve as the alternative grantee at the time that it receives a notice
of termination or a notice of denial of refunding;
Allows the tribe to participate in the selection of the
replacement grantee; and
Allows the tribe a second opportunity to identify an
alternative agency if the Department finds the first agency identified
by the tribe is not an eligible agency capable of operating a Head
Start program. If the second agency identified by the tribe is not
selected as a Head Start grantee, a
[[Page 34329]]
replacement grantee will be designated under 45 CFR Part 1302.
III. Impact Analysis
Executive Order 12866
Executive Order 12866 requires that regulations be drafted to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that this
final rule is consistent with these priorities and principles. This
final rule sets forth a process whereby an Indian tribe that is being
terminated as a Head Start grantee may identify an alternative agency
and request that the alternative agency be designated as the Head Start
agency providing services to the tribe. The costs of implementing this
rule are not significant.
Regulatory Flexibility Act of 1980
The Regulatory Flexibility Act (5 U.S.C. Ch. 6) requires the
Federal Government to anticipate and reduce the impact of rules and
paperwork requirements on small businesses. For each rule with a
``significant economic impact on a substantial number of small
entities'' an analysis must be prepared describing the rule's impact on
small entities. Small entities are defined by the Act to include small
businesses, small non-profit organizations and small governmental
entities. While these regulations would affect small entities, they
would not affect a substantial number. Also, the rule will not have a
significant economic impact because the only action called for is to
nominate a successor grantee, which should not require more than a
nominal expenditure of grant funds. For this reason, the Secretary
certifies that this rule will not have a significant impact on
substantial numbers of small entities.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
Departments are required to submit collections of information contained
in proposed and final rules published in the Federal Register to the
Office of Management and Budget for review and approval. This final
rule does not contain collection of information as defined in the
Paperwork Reduction Act and implementing regulations.
List of Subjects in 45 CFR Part 1302
Education of disadvantaged, Grant programs--social programs,
Selection of grantees.
(Catalog of Federal Domestic Assistance Program Number 93.600,
Project Head Start)
Dated: June 2, 1998.
Olivia A. Golden,
Assistant Secretary for Children and Families.
For the reasons set forth in the Preamble, 45 CFR Part 1302 is
amended as follows:
PART 1302--POLICIES AND PROCEDURES FOR SELECTION, INITIAL FUNDING,
AND REFUNDING OF HEAD START GRANTEES, AND FOR SELECTION OF
REPLACEMENT GRANTEES
1. The Authority citation for part 1302 continues to read as
follows:
Authority: 42 U.S.C. 9801 et seq.
2. Section 1302.2 is amended by adding a definition for ``Indian
Tribe'' to read as follows:
Sec. 1302.2 Definitions.
* * * * *
Indian tribe means any tribe, band, nation, pueblo, or other
organized group or community of Indians, including any Native village
described in section 3(c) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602 (c)) or established pursuant to such Act (43 U.S.C.
1601 et seq.) that is recognized as eligible for special programs and
services provided by the United States to Indians because of their
status as Indians.
* * * * *
3. A new Subpart D, containing new sections 1302.30, 1302.31, and
1302.32, is added to read as follows:
Subpart D--Replacement of Indian Tribal Grantees
Sec. 1302.30 Procedure for identification of alternative agency.
(a) An Indian tribe whose Head Start grant has been terminated, or
which has been denied refunding as a Head Start grantee, may identify
an agency and request the responsible HHS official to designate such
agency as an alternative agency to provide Head Start services to the
tribe if:
(1) The tribe was the only agency that was receiving federal
financial assistance to provide Head Start services to members of the
tribe; and
(2) The tribe would be otherwise precluded from providing such
services to its members because of the termination or denial of
refunding.
(b)(1) The responsible HHS official, when notifying a tribal
grantee of the intent to terminate financial assistance or deny its
application for refunding, must notify the grantee that it may identify
an agency and request that the agency serve as the alternative agency
in the event that the grant is terminated or refunding denied.
(2) The tribe must identify the alternate agency to the responsible
HHS official, in writing, within the time for filing an appeal under 45
CFR Part 1303.
(3) The responsible HHS official will notify the tribe, in writing,
whether the alternative agency proposed by the tribe is found to be
eligible for Head Start funding and capable of operating a Head Start
program. If the alternative agency identified by the tribe is not an
eligible agency capable of operating a Head Start program, the tribe
will have 15 days from the date of the sending of the notification to
that effect from the responsible HHS official to identify another
agency and request that the agency be designated. The responsible HHS
official will notify the tribe in writing whether the second proposed
alternate agency is found to be an eligible agency capable of operating
the Head Start program.
(4) If the tribe does not identify a suitable alternative agency, a
replacement grantee will be designated under these regulations.
(c) If the tribe appeals a termination of financial assistance or a
denial of refunding, it will, consistent with the terms of 45 CFR Part
1303, continue to be funded pending resolution of the appeal. However,
the responsible HHS official and the grantee will proceed with the
steps outlined in this regulation during the appeal process.
(d) If the tribe does not identify an agency and request that the
agency be appointed as the alternative agency, the responsible HHS
official will seek a permanent replacement grantee under these
regulations.
Sec. 1302.31 Requirements of alternative agency.
The agency identified by the Indian tribe must establish that it
meets all requirements established by the Head Start Act and these
requirements for designation as a Head Start grantee and that it is
capable of conducting a Head Start program. The responsible HHS
official, in deciding whether to designate the proposed agency, will
analyze the capacity and experience of the agency according to the
criteria found in section 641(d) of the Head Start Act and
Secs. 1302.10 (b)(1) through (5) and 1302.11 of this part.
Sec. 1302.32 Alternative agency--prohibition.
(a) No agency will be designated as the alternative agency pursuant
to this subpart if the agency includes an employee who:
(1) Served on the administrative or program staff of the Indian
tribal grantee, and
(2) Was responsible for a deficiency that:
(i) Relates to the performance standards or financial management
[[Page 34330]]
standards described in the Head Start Act; and
(ii) Was the basis for the termination or denial of refunding
described in Sec. 1302.30 of this part.
(b) The responsible HHS official shall determine whether an
employee was responsible for a deficiency within the meaning and
context of this section.
[FR Doc. 98-16826 Filed 6-23-98; 8:45 am]
BILLING CODE 4184-01-P
