Summary of 2007 Head Start Reauthorization
The President signed the Head Start Reauthorization bill into law on December 12, 2007. The new law makes significant changes on a number of fronts, as discussed below. Some of the changes went into effect immediately, such as board composition, others will not go into effect for several years, such as recompetition. Since some of the changes are subject to regulations to be issued in the a year or more down the road by the federal government and others are subject to interpretation in policy guidance that may be issued sooner, we do not yet have a clear picture of how all of these new requirements will be enforced. Nevertheless it is important to begin the process for compliance with the new law.
- Recompetition. Grantees that are not designated as high quality and comprehensive will be required to recompete for their grants every 5 years. This will not begin until, at the earliest, mid-2009.
- Governance. There are new board composition and responsibility requirements:
- Board must have:
- One member with fiscal management or accounting background and expertise;
- One member with early childhood education and development expertise; and
- One member who is a licensed attorney familiar with issues that come before the board
- If such individuals are not available, may use consultants or other individuals instead who work directly with the board.
- Board members may not have a financial conflict of interest with CAA or delegate agency, may not be employed (nor their immediate family members) by CAA or delegate, and may not receive compensation for serving on the board or for providing services to CAA.
- Some additional board members must reflect the community served, including current or former Head Start parents, and others must be selected for their expertise in education, business administration, or community affairs.
- Shared governance between Board and Policy Council (PC) continues, but specific delineation of which body has authority to do what is still somewhat murky on some issues; we anticipate clarification from HHS.
- General Board responsibility
- Be legally and financially responsible for administering and overseeing Head Start programs, including safeguarding of Federal funds.
- Adopt practices that assure active, independent and informed governance
- Fully participate in development, planning, and evaluation of Head Start program
- New law requires certain information be shared with Board and PC.
- Board must have:
- Eligibility and enrollment.
- New – up to 35% of children may be from families between 100 and 130% of poverty line.
- Homeless children (broad definition) automatically eligible.
- Stronger penalties for underenrollment
- Must attain at least 97% of funded enrollment
- Must attain at least 97% of funded enrollment
- Full-day and Early Head Start options.
- Staff educational credentials.
- Gradual increase in educational requirements for teachers:
- As of October 1, 2011, all teachers (not teacher assistants) must have at least an Associates degree.
- By 2013, 50% of teachers nationwide must have a B.A.
- As of September 30, 2013, all Teacher Assistants must have at least a CDA.
- As of Sept. 30, 2013, all Education Coordinators must have at least a B.A.
- Gradual increase in educational requirements for teachers:
- Voter registration. No use of Head Start funds or staff for voter registration, but Head Start site may be used by a nonpartisan group to conduct voter registration during operating hours.
- Salary cap. Head Start grantees may not use any federal funds to pay any portion of compensation (includes salary, bonus, and value of annual and comp leave) over $172,200 (as of January 2008).
- New funding/expansion priorities.
- Potential enrollment decrease with current funding
- Potential enrollment decrease with current funding
- National Reporting System eliminated.
- Increased coordination with state.
- Increased oversight of delegate agency.
CAPLAW Head Start Reauthorization Audio Conference CDs and Materials. CAPLAW Head Start Reauthorization Audio Conference CD and Materials. If you missed CAPLAW December 2007 audio conference on Head Start reauthorization, you can order a CD audio recording of it, plus audio conference materials. Simply click here to fill out our order form and email it to hunt@caplaw.org. CDs are $85 for CAPLAW members and $100 for non-members.
Below are links to additional Head Start reauthorization resources:
*NEW* Sample Board of Directors Application/Questionnaire for CAA Head Start Grantees
(downloadable Microsoft Word document)
*NEW* Sample Retainer Letter for Head Start Legal Consultant
(downloadable Microsoft Word document)
Current Head Start Act (web version, reflecting 2007 reauthorization)
Current Head Start Act (PDF version showing additions from 2007 reauthorization in bold)
ACF Head Start Information Memorandum ACF-IM-HS-08-01: Head Start Reauthorization (1/3/08)
ACF Head Start Information Memorandum ACF-IM-HS-08-03: Two New Provisions (1/22/08)
ACF Head Start Information Memorandum ACF-IM-HS-08-04 (1/22/08): Effective Dates
ACF Head Start Program Instruction ACF-PI-HS-08-03: Statutory Requirement Regarding Compensation of Head Start Staff
ACF Head Start Reauthorization Related Questions and Answers
Policy Clarification Regarding Governing Body Licensed Attorney Requirement