Proposed Rule2023-25038
Supporting the Head Start Workforce and Consistent Quality Programming
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2023
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
We propose to add new requirements to the Head Start Program Performance Standards (HSPPS) to support and stabilize the Head Start workforce, including requirements for wages and benefits, breaks for staff, and enhanced supports for staff health and wellness. We also propose to enhance several existing requirements and add new requirements to promote consistent quality of services across Head Start programs. This includes proposed enhancements to requirements for mental health services to better integrate these services into every aspect of programs as well as elevate the role of mental health consultation to support the well-being of children, families, and staff. Enhancements are also proposed in the areas of family service, worker family assignments, identifying and meeting community needs, ensuring child safety, services for pregnant women and people, and alignment with State early childhood systems. Finally, we propose minor clarifications to existing standards to promote better transparency and clarity of understanding for grant recipients.
Full Text
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[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Proposed Rules]
[Pages 80818-80908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25038]
[[Page 80817]]
Vol. 88
Monday,
No. 222
November 20, 2023
Part II
Department of Health and Human Services
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Administration for Children and Families
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45 CFR Parts 1301, 1302, 1303, et al.
Supporting the Head Start Workforce and Consistent Quality Programming;
Proposed Rule
Federal Register / Vol. 88 , No. 222 / Monday, November 20, 2023 /
Proposed Rules
[[Page 80818]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 1301, 1302, 1303, 1304, and 1305
RIN 0970-AD01
Supporting the Head Start Workforce and Consistent Quality
Programming
AGENCY: Office of Head Start (OHS), Administration for Children and
Families (ACF), Department of Health and Human Services (HHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: We propose to add new requirements to the Head Start Program
Performance Standards (HSPPS) to support and stabilize the Head Start
workforce, including requirements for wages and benefits, breaks for
staff, and enhanced supports for staff health and wellness. We also
propose to enhance several existing requirements and add new
requirements to promote consistent quality of services across Head
Start programs. This includes proposed enhancements to requirements for
mental health services to better integrate these services into every
aspect of programs as well as elevate the role of mental health
consultation to support the well-being of children, families, and
staff. Enhancements are also proposed in the areas of family service,
worker family assignments, identifying and meeting community needs,
ensuring child safety, services for pregnant women and people, and
alignment with State early childhood systems. Finally, we propose minor
clarifications to existing standards to promote better transparency and
clarity of understanding for grant recipients.
DATES: Consideration will be given to comments received on or before
January 19, 2024.
ADDRESSES: You may submit comments, identified by [docket number and/or
RIN number] by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: Office of Head Start, Attention: Director of Policy
and Planning, 330 C Street SW, 4th Floor, Washington, DC 20201.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
<a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Lindsey Hutchison, Office of Head
Start, Division of Planning, Oversight, and Policy, 202-205-8539,
<a href="/cdn-cgi/l/email-protection#baf5f2e9e5f4eae8f7fadbd9dc94d2d2c994ddd5cc"><span class="__cf_email__" data-cfemail="1c53544f43524c4e515c7d7f7a3274746f327b736a">[email protected]</span></a>. Telecommunications Relay users may dial 711
first.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Statutory Authority To Issue NPRM
III. Section-by-Section Discussion of Proposed Changes
Definition of Head Start and Related Terms (Sec. 1305.2)
Workforce Supports: Staff Wages (Sec. 1302.90)
The Need for Wage Requirements
Progress to Pay Parity for Head Start Education Staff With
Elementary School Education Staff
Pay Scale for All Staff
Minimum Pay Requirement
Wage Comparability Across Head Start Preschool and Early Head
Start
Staff for Whom Wage Standards Apply
Workforce Supports: Staff Benefits (Sec. 1302.90)
Workforce Supports: Staff Wellness (Sec. 1302.93)
Workforce Supports: Employee Engagement (Sec. Sec. 1302.92,
1302.101)
Mental Health Services (Subpart D; Subpart H; Subpart I)
1302 Subpart A--Eligibility, Recruitment, Selection, Enrollment,
and Attendance
1302 Subpart D--Health Program Services
Sec. 1302.40 Purpose
Sec. 1302.41 Collaboration and Communication With Parents
Sec. 1302.42 Child Health Status and Care
Sec. 1302.45 Child Mental Health and Social and Emotional Well-
Being
Sec. 1302.46 Family Support Services for Health, Nutrition, and
Mental Health
1302 Subpart H--Services to Enrolled Pregnant Women and People
1302 Subpart I--Human Resources Management
Sec. 1302.91 Staff Qualification and Competency Requirements
Sec. 1302.93 Staff Health and Wellness
Modernizing Head Start's Engagement With Families (Sec. Sec.
1302.11; 1302.13; 1302.15; 1302.34; 1302.50)
Community Assessment (Sec. 1302.11)
Adjustment for Excessive Housing Costs for Eligibility
Determination (Sec. 1302.12)
Migrant and Seasonal Head Start Eligibility (Sec. 1302.12)
Transportation & Other Barriers to Enrollment and Attendance
(Sec. Sec. 1302.14; 1302.16)
Serving Children With Disabilities (Sec. 1302.14)
Ratios in Center-Based Early Head Start Programs (Sec. 1302.21)
Center-Based Service Duration for Early Head Start (Sec.
1302.21)
Center-Based Service Duration for Head Start Preschool
(Sec. Sec. 1302.21; 1302.24)
Ratios in Family Child Care Settings (Sec. 1302.23)
Safety Practices (Sec. 1302.47)
Preventing and Addressing Lead Exposure (Sec. 1302.48)
Lead in Water
Lead in Paint
Notification
Conflicting Requirements
Family Service Worker Family Assignments (Sec. 1302.52)
Participation in Quality Rating and Improvement Systems (Sec.
1302.53)
Services to Enrolled Pregnant Women and People (Sec. 1302.80;
Sec. 1302.82)
Standards of Conduct (Sec. 1302.90)
Staff Training To Support Child Safety (Sec. Sec. 1302.92;
1302.101)
Incident Reporting (Sec. 1302.102)
Facilities Valuation (Sec. 1303.44)
Definition of Income (Sec. 1305.2)
Definition of Federal Interest and Major Renovations (Sec.
1305.2)
Definition of the Poverty Line (Sec. 1305.2)
Effective Dates
Removal of Outdated Sections
Compliance With Sec. 641A(a)(2) of the Act
Severability
IV. Regulatory Process Matters
Regulatory Flexibility Act
Unfunded Mandates Reform Act of 1995
Federalism Assessment Executive Order 13132
Treasury and General Government Appropriations Act of 1999
Paperwork Reduction Act of 1995
V. Regulatory Impact Analysis
Introduction and Summary
A. Introduction
B. Summary of Benefits, Costs, and Transfers
Preliminary Economic Analysis of Impacts
A. Analytic Approach
B. Baseline: Budget, Staffing, and Slots
Baseline Budget Scenario
Baseline Scenario for Staffing, Wages, and Enrollment
Connecting Baseline Uncertainty With Differing Estimates of
Regulatory Effects
C. Workforce Supports: Staff Wages and Staff Benefits
Wage-Parity Targets
Disaggregation of Wage-Parity Policy Implementation Costs
Impact of the Minimum Pay Requirement
Impact on Expenditures Through Wage Compression
Overall Impacts of Wage Parity on Expenditures, Holding Benefits
Constant
Expenditures Associated With Fringe Benefits
Disaggregation of Fringe Benefit Estimates
Discussion of Uncertainty
D. Workforce Supports: Staff Wellness--Staff Breaks
E. Family Service Worker Family Assignments
F. Mental Health Services
G. Preventing and Addressing Lead Exposure
Lead in Water
Lead-Based Paint
H. Administrative Costs
I. Timing of Impacts
J. Sensitivity Analysis--Potential Enrollment Reductions
K. Alternative Policy Scenario: Required Retirement
[[Page 80819]]
L. Non-Quantified Impacts of Certain Elements of the Proposed
Rule
Estimated Impact of Relevant Provisions on Slot Loss
Expected Impact of Preventing and Addressing Lead Exposure
(Sec. 1302.48)
Additional Impact of Workforce Supports: Staff Wages and
Benefits (Sec. 1302.90)
Estimated Impact of Mental Health Services (Sec. 1302 Subpart
D; Subpart H; Subpart I)
Estimated Impact of Modernizing Engagement With Families (Sec.
1302.11; Sec. 1302.13; Sec. 1302.15; Sec. 1302.34; Sec. 1302.50)
Estimated Impact of Community Assessments (Sec. 1302.11)
Estimated Impact of Adjustment for Excessive Shelter Costs for
Eligibility Determination (Sec. 1302.12)
Estimated Impact of Migrant and Seasonal Head Start Eligibility
(Sec. 1302.12)
Estimated Impact of Serving Children With Disabilities (Sec.
1302.14)
Expected Benefits of Ratios in Center-Based Early Head Start
Programs (Sec. 1302.21)
Expected Benefits of Center-Based Service Duration for Early
Head Start (Sec. 1302.21)
Expected Benefits of Family Service Worker Family Assignments
(Sec. 1302.52)
Expected Benefits of Participation in Quality Rating and
Improvement Systems (Sec. 1302.53)
Expected Benefits of Services to Enrolled Pregnant People (Sec.
1302.80; Sec. 1302.82)
Expected Benefits of Standards of Conduct (Sec. 1302.90)
Expected Benefits of Staff Training To Support Child Safety
(Sec. 1302.92; Sec. 1302.101)
Expected Benefits of Definition of Income (Sec. 1305.2)
Initial Small Entity Analysis
A. Description and Number of Affected Small Entities
B. Description of the Potential Impacts of the Rule on Small
Entities
C. Alternatives To Minimize the Burden on Small Entities
I. Background
The Federal Head Start program provides early education and other
comprehensive services to children birth to age 5 and during pregnancy
in center- and home-based settings across the country. Since its
inception in 1965, Head Start has been a leader in providing high-
quality services that support the development of children from low-
income families, helping them enter kindergarten more prepared to
succeed in school and in life. Evidence continues to support the
positive outcomes for children and families who participate in and
graduate from Head Start programs.\1\ The most essential component to
accomplishing Head Start's mission of providing high-quality early
childhood education and comprehensive services is the workforce of
approximately 260,000 staff \2\ that provide the services to children
and families each day.
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\1\ Deming, D. (2009). Early Childhood Intervention and Life-
Cycle Skill Development: Evidence from Head Start. American Economic
Journal: Applied Economics, 1:3, 111-134.; Lipscomb, S.T., Pratt,
M.E., Schmitt, S.A., Pears, K.C., and Kim, H.K. (2013). School
readiness is children living in non-parental care: Impacts of Head
Start. Journal of Applied Developmental Psychology, 31 (1), 28-37.
\2\ Source: Head Start 2022 Program Information Report (PIR).
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However, due to a severe nationwide staffing shortage, Head Start
grant recipients across the country are struggling to retain and hire
qualified staff to fully enroll classrooms. Early educators provide a
critical foundation for children to learn and develop \3\ and
positively impact children's outcomes.\4\ Strong, stable relationships
between young children and educators are the key to promoting early
development. If programs cannot retain high-quality staff, these
relationships are disrupted and outcomes for children and families are
negatively impacted.\5\ Currently, Head Start programs across the
nation are experiencing a severe staff shortage with turnover at its
highest point in two decades.\6\ For Head Start classroom teachers, the
rate of turnover has more than doubled over the past decade.\7\
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\3\ Burchinal, M., Zaslow, M., & Tarullo, L. (eds.) (2016).
Quality thresholds, features, and dosage in early care and
education: Secondary data analyses of child outcomes. Monographs of
the Society for Research in Child Development. 81(2).
\4\ Choi, Y., Horm, D., Jeon, S. & Ryu, D. (2019). Do Stability
of Care and Teacher-Child Interaction Quality Predict Child Outcomes
in Early Head Start?, Early Education and Development, 30:3, 337-
356.
\5\ Hamre, B., Hatfield, B., Pianta, R., Jamil, F. (2013).
Evidence for General and Domain-Specific Elements of Teacher-Child
Interactions: Associations with Preschool Children's Development.
Child Development, 85:3; Grunewald, R., Nunn, R., Palmer, V. (2022).
Examining teacher turnover in early care and education. Federal
Reserve Bank of Minneapolis.
\6\ Source: Head Start 2022 PIR.
\7\ Ibid.
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Low wages and poor benefits--despite increased expectations and
requirements for staff--are a key driver of rapidly increasing staff
turnover among Head Start teachers and staff. Since 2010, the share of
Head Start Preschool teachers with a bachelor's degree increased
substantially, but inflation-adjusted salaries for these teachers
decreased by 2 percent.\8\ Research indicates that well compensated
early childhood teachers and staff have lower turnover rates and
provide higher quality services.\9\ For decades, the Head Start program
has been subsidized by low paid workers committed to the mission; and
the absence of clear Federal requirements for staff compensation has
allowed this practice to continue. Urgent regulatory action is needed
to stabilize the workforce and ensure the Head Start program can
continue to fulfill its mission to promote strong outcomes for children
and families. The background context and need for this regulatory
action is expanded on further in the following paragraphs.
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\8\ Source: Head Start 2010-2022 PIR.
\9\ Bassok, D., Doromal, J., Michie, M., & Wong, V. (2021). The
Effects of Financial Incentives on Teacher Turnover in Early
Childhood Settings: Experimental Evidence from Virginia.
EdPolicyWorks at the University of Virginia.; Whitebook, M., Howes,
C., & Phillips, D. (2014). Worthy Work, STILL Unlivable Wages: The
Early Childhood Workforce 25 Years after the National Child Care
Staffing Study. Center for the Study of Child Care Employment.
<a href="https://cscce.berkeley.edu/publications/report/worthy-work-still-unlivable-wages/">https://cscce.berkeley.edu/publications/report/worthy-work-still-unlivable-wages/</a>.; Whitebook, M., Sakai, L., Gerber, E., & Howes, C.
(2001). Then & Now: Changes in Child Care Staffing, 1994-2000.
Washington, DC: Center for the Child Care Workforce and Institute of
Industrial Relations, University of California, Berkeley. <a href="https://cscce.berkeley.edu/publications/report/then-and-now-changes-in-child-care-saffing-1994-2000/">https://cscce.berkeley.edu/publications/report/then-and-now-changes-in-child-care-saffing-1994-2000/</a>.
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Through the Improving Head Start for School Readiness Act of 2007
(the 2007 Reauthorization), which amended the Head Start Act (the Act),
Congress required the Department of Health and Human Services (HHS) to
ensure children and families receive the highest quality Head Start
services possible. In line with this, Congress mandated HHS to revise
the Head Start Program Performance Standards (HSPPS). Through the 2007
Reauthorization, Congress also made a number of changes to increase
qualifications and other requirements for staff, particularly education
staff. This proposed rule responds to the mandate to revise and improve
the HSPPS in the Act and makes additional revisions to the HSPPS that
were finalized in 2016.
The HSPPS, first published in the 1970s, are the foundation on
which programs design and deliver high-quality, comprehensive services
to children and their families. The HSPPS set forth the requirements
local grant recipients must meet to support the cognitive, social,
emotional, and healthy development of children enrolled in the program.
They include requirements to provide education, health, mental health,
nutrition, and family and community engagement services, as well as
requirements for local program governance and Federal administration of
the program. In response to requirements in the 2007 Reauthorization,
HHS conducted a major revision of the performance standards, through a
final rule published in 2016. In line with statutory requirements, the
2016 overhaul of the
[[Page 80820]]
performance standards updated and enhanced program requirements to
reflect the latest science on child development, while also
streamlining requirements where possible, to promote stronger
transparency and support programs to deliver more efficient and
effective services.
While the 2016 revision to the HSPPS gave careful attention to the
type and quality of early education and comprehensive services to be
provided to children and their families, as well as requirements for
training, professional development, and qualifications for staff, other
supports for the Head Start workforce were not included. Indeed, the
2007 Reauthorization and the 2016 revision to the HSPPS resulted in
enhanced requirements and responsibilities for program staff, but
lacked specific requirements for staff pay, benefits, and other
supports for staff wellness necessary to sustain a workforce that could
implement those quality provisions. For instance, while qualifications
for Head Start preschool teachers have increased dramatically over the
past decade (52 percent nationwide had a bachelor's degree in 2010
compared to 71 percent in 2022), inflation-adjusted salary for these
teachers decreased by 2 percent during this timeframe, from $39,912 in
2010 to $39,096 in 2022.\10\ Given the increased expectations and
requirements for these staff positions without corresponding increases
in wages, it is unsurprising that turnover among classroom teachers as
well as other staff positions has increased markedly over the past
decade.\11\
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\10\ Source: Head Start 2022 PIR.
\11\ Source: Head Start 2010-2022 PIR.
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For decades, Head Start staff--particularly frontline staff whose
daily job responsibilities include working directly with children and
families--have received low, stagnant wages, poor benefits, and
inadequate supports for health and wellness. Research demonstrates that
low wages in the early care and education (ECE) sector are a critical
driver of staff turnover.\12\ Frontline Head Start staff do important
and difficult jobs to promote the development of children participating
in Head Start and provide individualized supports to families. A strong
relationship between a child and their early educator provides the
foundation for all learning and development in ECE settings.\13\
Stability and continuity in these relationships are important for high-
quality care and for supporting positive developmental outcomes for
children.\14\ Conversely, a higher rate of turnover among ECE staff is
associated with lower quality services and care, as well as poorer
developmental outcomes for children.\15\ For instance, research has
demonstrated that turnover among early childhood educators is linked to
worse cognitive and social developmental outcomes in children birth to
age 5.\16\ Given this, the unprecedented rate of turnover and staff
vacancies programs are currently experiencing is concerning and
threatens the stability of the national Head Start program and the
quality of services it provides, which are a critical resource for
hundreds of thousands of families annually.
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\12\ Whitebook, M., Philipps, D., & Howes, C. (2014). Worthy
work, still unlivable wages: The early childhood workforce 25 years
after the national child care staffing study. Center for the Study
of Child Care Employment.
\13\ Lippard, C.L., La Paro, K.M., Rouse, H.L., Crosby, D.A.
(2018). A closer look at teacher-child relationships and classroom
emotional context in preschool. Child Youth Care Forum, 47, 1-21.;
Sabol, T.J. & Pianta, R.C. (2012). Recent Trends in Research on
Teacher-Child Relationships. Attachment and Human Development,
14(3), 213-231.
\14\ Pianta, R. & Stuhlman, M.W. (2019). Teacher-child
relationships and children's success in the first years of school.
School Psychology Review, 33(3), 444-458; Ros Pilarz, A. & Hill,
H.D. (2014). Unstable and multiple child care arrangements and young
children's behavior. Early Childhood Research Quarterly, 29(4), 471-
483; Tran, H. & Winsler, A.W. (2011). Teacher and center stability
and school readiness among low-income, ethnically diverse children
in subsidized, center-based child care. Children and Youth Services
Review, 33(11), 2241-2252.
\15\ Hale-Jinks, C., Knopf, H., & Kemple, K. (2006). Tackling
teacher turnover in childcare: Understanding causes and
consequences, identifying solutions. Childhood Education, 82, 219-
226.
\16\ Hale-Jinks, Knopf, & Kemple (2006). Tackling teacher
turnover in childcare: Understanding causes and consequences,
identifying solutions. Childhood Education, 82, 219-226.
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Head Start and ECE programs nationwide have faced increasing rates
of staff turnover, a situation that has been exacerbated drastically by
the COVID-19 pandemic. While high staff turnover rates are an issue for
the entire ECE sector in the United States, HHS has the authority and
opportunity to address the systemic problems driving high turnover in
Head Start, and this NPRM proposes policies to address these issues. In
2022, turnover across all staff positions was 19 percent, marking the
highest rate of turnover in Head Start in over two decades, and a
drastic jump from 13.5 percent in 2019 (prior to the COVID-19
pandemic). While turnover rates were exacerbated by the labor market
conditions during the pandemic, the workforce challenges in Head Start
remain intractable even after some other industries have regained pre-
pandemic employment levels. Because Head Start serves the children and
families most in need, it is critical the workforce is well-positioned
to be stable as communities recover from the pandemic and during and
after future emergencies. Thus, the changes in this proposed regulation
are necessary in both the long and short terms. The staffing crisis
faced by programs across the nation is an untenable situation for the
future of Head Start. This proposed regulation is urgently needed to
establish clearer requirements for programs to support and stabilize
their workforce, while also serving those children and families most in
need of Head Start services. The challenges faced by the workforce--and
the need for Federal guardrails in the form of additional regulations--
are described in additional detail in the subsequent section, Workforce
Supports: Staff Wages.
This NPRM will also propose new or enhanced standards to promote
more consistent implementation of quality services in other
programmatic areas. Enhancements and clarifications to existing
standards are proposed in the following areas: family service worker
caseloads; procedures for identifying and meeting community needs,
including consideration of transportation as a possible barrier to
children's attendance; ensuring child safety; services for pregnant
women and people; and better aligning with State early childhood
systems. We also propose enhancements to requirements for mental health
services to integrate mental health more fully into every aspect of
program services, as well as elevate the role of mental health
consultation to support the well-being of children, families, and
staff. Existing requirements in the performance standards in these
areas are broad and flexible and have contributed to wide variation in
the quality of the implementation of those standards. For instance,
some programs have many families (e.g., more than 100 \17\) assigned to
one family service worker, which reduces the quality of services
provided to each family. Many programs have also made decisions to cut
transportation services as a primarily budgetary decision, resulting in
families in need of services no longer being able to attend the
program. Within constrained budgets, programs must make difficult
choices about where to invest funds as they strive to provide high-
quality Head Start services to as many eligible children as possible.
Programs often make decisions aimed at
[[Page 80821]]
enrolling as many children and families as possible and sometimes
accomplish this by cutting back on critical areas of services. The
enhancements proposed in this NPRM will promote more consistent
implementation of program services across a variety of areas,
ultimately improving outcomes for enrolled children and their families.
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\17\ Source: Head Start 2022 PIR.
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Additionally, since the inception of the 2016 revision to the
performance standards, the Administration for Children and Families
(ACF) received feedback about areas where standards have not been
implemented as intended in the field, or areas where standards are not
clear. Therefore, this proposed regulation will also enhance and
clarify standards across a variety of areas, codify certain essential
best practices, and/or streamline processes for programs implementing
the standards, with the goal of further improving the quality of
services.
Finally, the changes proposed to the HSPPS are necessary to
maintain the quality of the Head Start program and respond to the
current early childhood landscape which has changed dramatically since
the HSPPS were first published in the 1970s and even since the 2016
overhaul of the HSPPS. As discussed elsewhere, Head Start workforce
compensation has not kept pace with inflation or with rising wages in
other industries. Further, post-pandemic workforce recovery has been
slow and mental and behavioral health issues have risen among children
and adults. Head Start programs must adapt and evolve to continue
leading the sector in quality programing for children and families.
These factors together suggest that regulatory action is warranted and
necessary. As explained in detail in this section and throughout the
NPRM, stronger workforce supports are necessary to meet the purpose of
the Act of promoting school readiness for low-income children. See 42
U.S.C. 9831. The Act authorizes the Secretary to modify the program
performance standards as necessary, and while the proposals here retain
flexibility and discretion that Head Start programs are accustomed to,
it is evident by the lagging compensation and other workforce supports
that additional guardrails are necessary to maintain quality. Head
Start's standards have historically provided a benchmark for high-
quality early childhood programs. This NPRM affirms that higher wages
and benefits are a key driver of quality in early childhood.
Establishing the new or enhanced standards described below--
particularly for the workforce--will promote higher-quality services
for children in Head Start programs across the country and are
necessary to ensure there is a stable workforce to maintain consistent
operations. There will be a substantial cost associated with enacting
the proposed standards at current Head Start funded enrollment levels.
However, ACF asserts that the policy proposals in this NPRM are
necessary for the Head Start program to continue to operate effectively
and meet its mission. ACF understands that as a result of these
necessary reforms, one potential impact could be a reduction in Head
Start slots in some programs in order to ensure the quality of services
delivered. The NPRM proposals contain some ability to mitigate the
magnitude of slot loss by providing a longer implementation timeline
for the proposed wage requirements (see a further discussion on this in
the section on Workforce Supports: Wage Requirements). While slot loss
is a difficult trade-off, a number of programs are already reducing
slots because they are forced to close classrooms due to a severe
shortage of qualified staff. The current staffing shortage needs to be
addressed quickly, as it is imperative that programs be able to retain
qualified staff in order to provide high-quality services to children
and prepare them for success in elementary school and beyond.\18\
Failure to act would threaten the ability for Head Start to continue to
recruit and retain effective staff and thereby deliver high-quality
services. This action carefully balances the ability of programs to
maintain staffing with the goal to serve as many children as possible,
while helping stabilize the Head Start program long-term. Further, the
establishment of new or enhanced expectations in program quality
through the proposed standards described in this NPRM will provide a
better foundation for more consistent implementation of high-quality
services and provide an opportunity for future Congressional
investments in quality improvement.
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\18\ Barr, A., & Gibbs, C.R. (2002). Breaking the Cycle?
Intergenerational Effects of an Antipoverty Program in Early
Childhood. Journal of Political Economy, 130.; Bauer, L., &
Schanzenbach, D. (2016). The Long-Term Impact of the Head Start
Program. The Hamilton Project, The Brookings Institution.; Deming,
D. (2009). Early Childhood Intervention and Life-Cycle Skill
Development: Evidence from Head Start. American Economic Journal:
Applied Economics, 111-134. Montialoux, C. (2016). Revisiting the
impact of Head Start. IRLE: Institute for Research on Labor and
Employment. University of California: Berkeley; Phillips, D.,
Gormley, W., & Anderson, S. (2016). The Effects of Tulsa's CAP Head
Start Program on Middle-School Academic Outcomes and Progress.
Developmental Psychology 52(8), 1247-61.
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II. Statutory Authority To Issue NPRM
We publish this NPRM under the authority granted to the Secretary
of Health and Human Services by sections 640(a)(5)(A)(i) and (B)(viii),
641A, 645, 645A, 648A, and 653 of the Act (42 U.S.C. 9835, 9836a, 9840,
9840a, 9843a, and 9848), as amended by the Improving Head Start for
School Readiness Act of 2007 (Pub. L. 110-134). Under these sections,
the Secretary is required to establish performance standards and other
regulations for Head Start and Early Head Start programs. Specifically,
the Act requires the Secretary to ``. . . modify, as necessary, program
performance standards by regulation applicable to Head Start agencies
and programs . . .'' \19\ and explicitly directs the Secretary to
prescribe eligibility standards, establish staff qualification goals,
and assure the comparability of wages. This rule meets the statutory
requirements Congress put forth in its 2007 bipartisan reauthorization
of the Head Start and addresses Congress's mandate that called for the
Secretary to review and revise the performance standards. As discussed
throughout the preamble, the performance standards in this proposed
rule build upon field knowledge and experience to codify best practices
and ensure Head Start programs deliver high-quality education and
comprehensive services to the children and families they serve. The
Secretary has determined that the modifications to performance
standards contained in this regulation are appropriate and needed to
effectuate the goals of the performance standards and the purposes of
the Act.
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\19\ See section 641A(a)(1) and (2) of the Act.
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III. Section-by-Section Discussion of Proposed Changes
Definition of Head Start and Related Terms (Sec. 1305.2)
Section 1305.2 establishes definitions for key terms used
throughout the HSPPS. These include terms to define programs that
operate Head Start services, including Early Head Start Agency, Head
Start Agency, and Program. We begin by explaining proposed changes to
clarify these terms and definitions used to describe Head Start and
Early Head Start programs. Our proposed changes will also promote more
consistent use of these terms throughout the HSPPS and in sub-
regulatory policy guidance and training and technical assistance (TTA)
materials developed by ACF. The proposed revised terms and definitions
described in this section are also used throughout
[[Page 80822]]
the rest of the preamble to describe other proposed changes, where
applicable.
First, the term Head Start, which is not currently defined in Sec.
1305.2, is used inconsistently throughout the current HSPPS, sometimes
in reference to a program that serves children ages three to compulsory
school age and other times in reference to any type of program
authorized under the Act. Consequently, this inconsistency is also
present throughout sub-regulatory policy and TTA documents published by
ACF. In some cases, a footnote is used to denote that the term Head
Start refers to programs including Head Start, Early Head Start, and
Migrant or Seasonal Head Start (MSHS). In other cases, the phrase
``Head Start and Early Head Start'' is used to represent all types of
programs. This inconsistency may be challenging for those who are new
to Head Start and troublesome for the field in the general. ACF
recognizes the need for consistent and clear terminology in this area.
Therefore, we propose to use the term Head Start as an umbrella
term that represents all program types authorized under the Act. We
propose to add to Sec. 1305.2 a definition for Head Start that states
that Head Start refers to any program authorized under the Head Start
Act. Furthermore, we propose to add to Sec. 1305.2 a definition for
Head Start Preschool so that programs that provide services to children
from age three to compulsory school age will be referred to as Head
Start Preschool (HSP). In order to maintain consistency across
definitions of program types, we also propose adding a definition of
Early Head Start that refers to a program that serves pregnant women
and children from birth to age three.
We propose two other definitional changes to align with the revised
terms above. First, we propose to revise the current definition of
Program by striking ``a Head Start'' and adding ``any funded Head Start
Preschool;'' striking ``migrant, seasonal, or'' and replacing with
``Migrant or Seasonal Head Start;'' and striking the word ``program''
and adding ``or other program authorized'' after the comma.
Furthermore, we propose to revise the definition of Head Start
Agency to add the word ``Preschool'' after ``Head Start'' and replace
the words after ``program'' with ``, an Early Head Start program, or
Migrant or Seasonal Head Start program pursuant to the Head Start
Act.'' We further propose to update the usage of these terms as they
are used throughout the HSPPS.
We propose to remove the term Early Head Start Agency. We further
propose a nomenclature change of ``grantee'' to ``grant recipient''. We
do not propose any changes to other relevant terms including Agency,
Delegate Agency, Indian Head Start Agency, and Migrant or Seasonal Head
Start Program.
We believe that these revised definitions will provide more clear
and consistent terminology when referring to the various program types
authorized by the Act and to the entirety of Head Start. Distinguishing
Head Start Preschool from Head Start is intended to improve
comprehension for both experienced and novice readers of the HSPPS and
will codify the colloquial use of the term Head Start.
Note that ACF will not consider comments regarding changes to the
HSPPS that purely reflect the updated usage of these terms, such as
those throughout Part 1304 Subpart B--Designation Renewal.
Workforce Supports: Staff Wages (Sec. 1302.90)
Section 1302.90 outlines requirements for personnel policies,
including the establishment of personnel policies and procedures,
background check procedures, standards of conduct, and communication
with dual language learners. In this section, we propose the addition
of a new paragraph (e) that outlines four areas of proposed
requirements for wages for Head Start staff. First, we describe
requirements for programs to make progress to pay parity with
kindergarten to third grade teachers, for Head Start education staff
who work directly with children as part of their daily job
responsibilities. Head Start programs will demonstrate progress to
parity by ensuring that Head Start educators are paid at a rate that is
at least comparable to preschool teachers in public school settings.
Second, we describe requirements to establish or enhance a salary
scale, wage ladder, or other pay structure that applies to all staff in
the program and incorporates the requirements for pay for education
staff. Third, we describe requirements that all staff must receive a
salary that is sufficient to cover basic costs of living in their
geographic area, including those at the lowest end of the pay
structure. Lastly, we describe requirements to affirm and emphasize
that the requirements for progress to pay parity should also promote
comparability of wages across Head Start Preschool and Early Head Start
staff positions. Taken together, implementing this set of standards
will stabilize and strengthen Head Start programs across the country by
ensuring competitive wages that will promote recruitment and retention
of qualified staff and support delivery of high-quality education and
comprehensive services for children and families. These proposed
standards will also support more equitable, fair wages for a workforce
that is largely comprised of women and people of color.
In addition to the authority to modify all program performance
standards, the Head Start Act mandates that programs provide
compensation that is adequate to attract and retain qualified staff to
enhance program quality. See 42 U.S.C. 9836A(a) and 42 U.S.C.
9835(a)(5)(i). Section 653 of the Head Start Act, 42 U.S.C. 9848
directs the Secretary to encourage Head Start agencies to provide
compensation according to salary scales that are based on training and
experience. This section also directs the Secretary to take such
actions as are necessary to assure that compensation is not in excess
of the average rate of compensation paid in the area where the program
is carried out to a substantial number of persons providing
substantially comparable services as well as See 42 U.S.C. 9848.
Historically, the Office of Head Start has seen very few instances of
excessive compensation for staff, especially for education staff, as
evidenced in data from the Program Information Report (PIR). Nothing in
these proposed regulations is expected to result in the excess
compensation described by Congress in this section. In rare cases,
there may be some risk that positions of leadership are paid salaries
in excess of compensation paid to similar positions. This risk should
be addressed with a program's wage scale. However, this limit is not
intended to suppress wages, because, as discussed herein, underpaid
staff is a pervasive issue. This section makes it clear that staff
salaries should be comparable to compensation in other comparable
services, including consideration of salaries paid to elementary school
staff. The proposed requirements will help programs design their staff
compensation packages and salary scales while still allowing programs
some flexibility to determine what works best for their program.
The Need for Wage Requirements
The main goals of Head Start programs are to support the
development of children from low-income families and to promote
economic self-sufficiency for families through the delivery of high-
quality comprehensive services. Head Start's critical mission is
carried out every day by the staff working with children and families.
Strong, stable relationships between children and their early educators
provide the foundation for
[[Page 80823]]
children to learn and develop.\20\ Indeed, research indicates that
high-quality interactions between staff and children in ECE settings
relate to stronger developmental outcomes for children.\21\ Conversely,
high turnover among ECE staff is related to lower quality education and
care and poorer outcomes for enrolled children.\22\ But, as described
previously, Head Start programs nationwide are experiencing a severe
shortage of staff across a variety of positions, particularly for those
that provide direct services to children and families. The staffing
crisis is a result of a confluence of factors, including persistently
low, stagnant wages, particularly for frontline staff; a lack of
comprehensive benefits; and insufficient supports for staff health and
wellness, despite increased need for staff to be more qualified, more
competent, and bear more complex job responsibilities. Urgent action
and change are needed to stabilize the Head Start workforce to ensure
the future viability of Head Start programs nationwide.
---------------------------------------------------------------------------
\20\ Lippard, C.L., La Paro, K.M., Rouse, H.L., Crosby, D.A.
(2018). A closer look at teacher-child relationships and classroom
emotional context in preschool. Child Youth Care Forum, 47, 1-21;
Sabol, T.J. & Pianta, R.C. (2012). Recent Trends in Research on
Teacher-Child Relationships. Attachment and Human Development,
14(3), 213-231.
\21\ Nguyen, T., Ansari, A., Pianta, R., Whittaker, J.V.,
Vitiello, V.E., & Ruzek, E. (2020). The classroom relational
environment and children's early development in preschool. Social
Development, 00, 1-21; Pearlman, M., Falenchuk, O., Fletcher, B.,
McMullen, E., Beyene, J., & Shah, P. (2016). A Systematic Review and
Meta-Analysis of a Measure of Staff/Child Interaction Quality (the
Classroom Assessment Scoring System) in Early Childhood Education
and Care Settings and Child Outcomes, PLOS ONE 11 (12).
\22\ Bassok, D., Markowitz, A.J., Bellows, L., Sadowski, K.
(2021). New Evidence on Teacher Turnover in Early Childhood.
Educational Evaluation and Policy Analysis, 43(1), 172-180;
Phillips, D., Austin, L.J.E., & Whitebook, M. (2016). The Early Care
and Education Workforce. The Future of Children, 26(2), 139-158.
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The qualifications, expectations, and responsibilities of Head
Start staff have significantly increased over the past decade, first
with the reauthorization of the Head Start Act in 2007 and then with
the revisions to the HSPPS finalized in 2016. This increase in
expectations and responsibilities is largely a reflection of advancing
science in child development, particularly research on birth to 5 as an
important period for brain development and as a critical foundation on
which all later development builds.\23\ Relatedly, our understanding of
what an early educator needs to know and do in order to effectively
promote child development during this period has also advanced. A
notable report from the National Academies for Science, Engineering,
and Medicine provided a framework for knowledge and competencies that
early educators need, grounded in the latest science on child
development.\24\ A subsequent report from the National Academies
highlighted the importance of a highly qualified ECE workforce that is
well compensated with appropriate professional development supports and
career opportunities, in order to provide high quality services to
children and families.\25\
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\23\ Institute of Medicine and National Research Council.
(2015). Transforming the Workforce for Children Birth Through Age 8:
A Unifying Foundation. Washington, DC: The National Academies
Press.; National Research Council and Institute of Medicine. (2000).
From Neurons to Neighborhoods: The Science of Early Childhood
Development. Committee on Integrating the Science of Early Childhood
Development. Jack P. Shonkoff and Deborah A. Phillips, eds. Board on
Children, Youth, and Families, Commission on Behavioral and Social
Sciences and Education. Washington, DC: National Academies Press.
\24\ Institute of Medicine and National Research Council.
(2015). Transforming the Workforce for Children Birth Through Age 8:
A Unifying Foundation. Washington, DC: The National Academies Press.
\25\ National Academies of Sciences, Engineering, and Medicine.
(2018). Transforming the Financing of Early Care and Education.
Washington, DC: The National Academies Press.
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However, these increased expectations, qualifications, and
requirements have not been followed by increases in compensation. As a
result, average wages have remained low and stagnant for years,
particularly for staff who work directly with children and families as
their primary job responsibility. From 2010 to 2022, the share of Head
Start Preschool teachers with a bachelor's degree increased from 52
percent to 71 percent, but inflation-adjusted salaries for these
teachers decreased by 2 percent during this timeframe, with an average
teacher salary of just $39,096 in 2022 compared to $39,912 in 2010.\26\
By comparison, in 2022, the average salaries for a preschool teacher in
a school-based setting and a kindergarten teacher were $53,200 and
$65,120, respectively.\27\
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\26\ Source: Head Start 2010-2022 PIR.
\27\ U.S. Bureau of Labor Statistics. Occupational Employment
and Wages. May 2022. 25-2012 Kindergarten Teachers, Except Special
Education. <a href="https://www.bls.gov/oes/current/oes252012.htm">https://www.bls.gov/oes/current/oes252012.htm</a>; U.S.
Bureau of Labor Statistics. Occupational Employment and Wages. May
2022. 25-2011 Preschool Teachers, Except Special Education. <a href="https://www.bls.gov/oes/current/oes252011.htm">https://www.bls.gov/oes/current/oes252011.htm</a>.
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This is a persistent issue not just for Head Start, but also for
the broader early childhood field. ECE as a field is comprised
primarily of women--including a large share of women of color--doing
work that has been historically uncompensated and led to today's
workforce being undervalued and underpaid.\28\ Additionally, ACF
administrative data indicates that just over 60 percent of Head Start
education staff (i.e., teachers, assistant teachers, home visitors, and
family child care providers) are people of color.\29\ It is critical to
maintain and strengthen the incredible diversity of our workforce while
we seek to fix the historic problem of a reliance on staff committed to
the mission of early care and education that has led to an underpaid
workforce today. This is especially important since Head Start programs
serve a large share of children of color and there are benefits when
program staff reflect the communities they serve.\30\
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\28\ Whitebook, M., Philipps, D., & Howes, C. (2014). Worthy
work, still unlivable wages: The early childhood workforce 25 years
after the national child care staffing study. Center for the Study
of Child Care Employment; U.S. Department of Labor (2022). Bearing
the cost: How overrepresentation in undervalued jobs disadvantaged
women during the pandemic. <a href="https://www.dol.gov/sites/dolgov/files/WB/media/BearingTheCostReport.pdf">https://www.dol.gov/sites/dolgov/files/WB/media/BearingTheCostReport.pdf</a>.
\29\ Source: Head Start 2021 PIR.
\30\ Downer, J.T., Goble, P., Myers, S.S., & Pianta, R.C.
(2016). Teacher-child racial/ethnic match within pre-kindergarten
classrooms and children's early school adjustment. Early Childhood
Research Quarterly, 37, 26-38.; Markowitz, A., Bassok, D., &
Grissom, J.A. (2020). Teacher-child racial/ethnic match and parental
engagement with Head Start. American Educational Research Journal,
57(5), 2132-2174.
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In addition to low compensation, Head Start staff often report
insufficient supports for their health and wellness. Even prior to the
pandemic, many Head Start programs reported challenges with increasing
rates of staff stress and burnout, which is a common experience
throughout ECE programs. See the section in this NPRM on Workforce
Supports: Staff Wellness for a fuller discussion on the poor physical
and mental health experienced by Head Start and other ECE staff, as
well as proposed new standards for supports to address these issues.
Taken together, low wages and benefits for demanding work, and high
rates of stress and burnout, are causing qualified staff to leave for
higher paid positions with better benefits in public schools or to
leave the early childhood field entirely (e.g., retail, service, food
industries).\31\ The turnover rate for Head Start classroom teachers
doubled over the past decade, from 11 percent in 2010 to an alarming 22
percent in 2022.\32\ As a point of comparison, in 2019, turnover for
preschool teachers in school-based
[[Page 80824]]
settings was about 7.7 percent.\33\ This situation has also been
exacerbated by the COVID-19 pandemic, during which staff continued to
do their utmost to support children and families despite high
uncertainty and widespread closure of many aspects of the economy
across the country. Across all Head Start staff positions, between 2019
and 2022 turnover jumped by an unprecedented 41 percent, from 13.5
percent to 19 percent.\34\
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\31\ National Head Start Association (NHSA). (2023). An Update
on Head Start's Ongoing Workforce Crisis. Washington, DC: NHSA.
\32\ Source: Head Start 2022 PIR.
\33\ Grunewald, R., Nunn, R., Palmer, V. (2022). Examining
teacher turnover in early care and education. Federal Reserve Bank
of Minneapolis.
\34\ Ibid.
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Overall, these turnover rates are sobering and have grim
implications for the viability of Head Start if they are not addressed.
Given these rates of turnover, it is unsurprising that many programs
are unable to reach full enrollment and/or are impeded from providing
high-quality services to enrolled children and families. Inadequate and
unstable staffing prevents programs from opening all classrooms,
conducting home visits, providing family services, or providing
transportation services. In April 2022, about two-thirds of Head Start
programs reported experiencing significant enrollment challenges and
half of those programs reported that staffing shortages contributed to
those challenges, which resulted in many classroom closures.\35\
Furthermore, in a 2022 survey of 900 Head Start programs staff
conducted by the National Head Start Association, 85 percent of
respondents indicated staff turnover was higher than in a typical
program year. Almost all respondents (90 percent) said staff shortages
forced their programs to close classrooms either permanently or
temporarily. Over half (57 percent) of respondents said compensation is
the number one reason staff are leaving Head Start programs.\36\
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\35\ Source: Head Start program monthly enrollment data reported
internally to OHS. Note that the percent of programs experiencing
staffing challenges is likely higher since it was not explicitly
requested that programs report this information.
\36\ National Head Start Association (NHSA). (2022). Confronting
Head Start's Workforce Crisis. Washington, DC: NHSA.
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In a November 2022 survey conducted by ACF on a random sample of
Head Start grant recipients, the majority reported experiencing
shortages with teaching positions (85 percent), assistant teaching
positions (86 percent), bus drivers (70 percent), and home visitor
positions (60 percent).\37\ At least half of those recipients described
the staff shortage as very severe for teachers (59 percent), bus
drivers (53 percent), and assistant teachers (50 percent).\38\ These
shortages were forcing the closure of a large portion of classrooms for
the majority of respondents, with nearly half reporting difficulty
keeping up to a quarter of their classrooms open and another 16 percent
reporting difficult keeping up to half of their classrooms open.
---------------------------------------------------------------------------
\37\ Source: OHS administered survey on background checks and
the workforce. Percentages exclude positions reported as not
applicable.
\38\ In the survey, recipients were instructed that ``high'' or
very severe indicates the staffing shortage is a severe problem for
that position. For example, there are several staff vacancies and/or
relatively high turnover, impacting enrollment to a great extent;
there are concerns that these issues cannot be resolved within the
next few months.
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This problem is not unique to Head Start, as a recent study in
North Carolina found that the most common reason staff leave the early
childhood workforce in the State is to make more money.\39\ Indeed, a
large body of research indicates that low wages in the field of ECE are
a strong driver of turnover among staff. And some research indicates
that low wages are in fact the strongest determinant of staff turnover,
with the lowest paid early educators being twice as likely to leave
their jobs compared to the highest paid early educators.\40\
---------------------------------------------------------------------------
\39\ Child Care Services Association, 2020.
<a href="http://childcareservices.org/wp-content/uploads/2020/02/CCSA_2020_TchrTurnover_Brief_Final_Interactive-FINAL.pdf">childcareservices.org/wp-content/uploads/2020/02/CCSA_2020_TchrTurnover_Brief_Final_Interactive-FINAL.pdf</a>.
\40\ Caven, M., Khanani, N., Zhang, X., & Parker, C. E. (2021).
Center-and program-level factors associated with turnover in the
early childhood education workforce (REL 2021-069). U.S. Department
of Education, Institute of Education Sciences, National Center for
Education Evaluation and Regional Assistance, Regional Educational
Laboratory Northeast & Islands.; Whitebook, M., Howes, C., &
Phillips, D. (2014). Worthy Work, STILL Unlivable Wages: The Early
Childhood Workforce 25 Years after the National Child Care Staffing
Study. Center for the Study of Child Care Employment. <a href="https://cscce.berkeley.edu/wp-content/uploads/publications/ReportFINAL.pdf">https://cscce.berkeley.edu/wp-content/uploads/publications/ReportFINAL.pdf</a>.
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Each staff position in a program is critical to the mission and
vision of Head Start, and to the delivery of high-quality services. As
summarized previously, strong, stable relationships between young
children and their teachers and caregivers provide a critical
foundation for children to learn and develop.\41\ If programs cannot
retain high-quality education staff, these relationships are disrupted
and outcomes for children and families are negatively impacted.\42\
Research indicates that stable early care and education and strong
teacher-child relationships positively influence children's
outcomes.\43\ In addition, family services staff in Head Start programs
play a critical role of engaging and supporting economic stability of
families (see the section on Family Service Worker Family Assignments
for a further discussion on the critical role of these staff). Further,
capable, consistent leadership and management staff are necessary to
support a high functioning work environment that is positive and
welcoming for both direct service staff and children and families. Bus
drivers, janitors, and cooks are needed to ensure other important
aspects of Head Start services are provided in a high-quality manner,
including safe transportation, clean environments, and nutritious meals
for children. Without a workforce at all levels that is stable, well-
compensated, and supported, Head Start is not able to fully meet its
mission of closing the achievement gap and preparing young children
from low-income families for entry into kindergarten. Head Start staff
work with children that need a range of developmental supports to
ensure their success and preparedness for school. In order to break the
cycle of poverty for children in Head Start, it is critical that the
key change agents in this process (the staff) are compensated
appropriately and supported in achieving their mission.
---------------------------------------------------------------------------
\41\ Burchinal, M., Zaslow, M., & Tarullo, L. (eds.) (2016).
Quality thresholds, features, and dosage in early care and
education: Secondary data analyses of child outcomes. Monographs of
the Society for Research in Child Development. 81(2).
\42\ Hamre, B., Hatfield, B., Pianta, R., Jamil, F. (2013).
Evidence for General and Domain-Specific Elements of Teacher-Child
Interactions: Associations with Preschool Children's Development.
Child Development, 85:3; Grunewald, R., Nunn, R., Palmer, V. (2022).
Examining teacher turnover in early care and education. Federal
Reserve Bank of Minneapolis.
\43\ Choi, Y., Horm, D., Jeon, S. & Ryu, D. (2019). Do Stability
of Care and Teacher-Child Interaction Quality Predict Child Outcomes
in Early Head Start?, Early Education and Development, 30:3, 337-
356.
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To promote the retention of talented staff at all levels of the
program, fill vacancies in a sustainable manner, keep classrooms open,
provide the highest quality services, and ultimately promote strong
outcomes for enrolled children and their families, staff must receive
compensation (wages and benefits) that better reflects their experience
and qualification and the value and importance of their critical work,
as well as necessary staff wellness supports.\44\ Compensation must be
competitive with other local employers that draw qualified staff away
from
[[Page 80825]]
Head Start, including local school districts.
---------------------------------------------------------------------------
\44\ Institute of Medicine (IOM) and National Research Council
(NRC). 2015. Transforming the workforce for children birth through
age 8: A unifying foundation. Washington, DC: The National Academies
Press.; Rhodes, H., & Huston, A. (2012). Building the Workforce Our
Youngest Children Deserve. Social Policy Report. Volume 26, Number
1. Society for Research in Child Development.
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There is a clear need for better guardrails in the form of strong
Federal requirements in this area. While ACF strongly values local
flexibility and has historically allowed for substantial local
flexibility in many areas of service delivery, in other areas, the
HSPPS are quite prescriptive about what all programs must do. One area
in which flexibility is most prominent is in what ACF currently
requires for the workforce, including wages, benefits, and other
supports for health and wellness. For instance, currently, the HSPPS do
not require wage targets or include other compensation requirements for
Head Start programs, and national program data show that Head Start
grant recipients have historically prioritized serving more children
over increasing wages for qualified education staff to be comparable to
similar industries that compete for these staff, particularly
elementary schools. This is not because programs do not value their
staff or want to compensate them fairly.
Without additional appropriations, programs would have to serve
fewer children to achieve the necessary cost savings to fund increases
in staff compensation. Faced with this difficult decision to either
increase staff compensation or serve the same number or more children,
Head Start grant recipients have, in general, chosen to serve the same
or more children and have chosen to rely on a mission-committed
workforce--largely women of color--to bear the cost of this decision.
In the fall of 2022, ACF published an information memorandum (IM)
encouraging programs to consider restructuring their programs,
including reducing the number of children served if needed, in order to
permanently increase staff compensation. Since the release of this IM,
many programs have responded to this guidance and taken initial steps
to improve wages; however, despite this, compensation for Head Start
staff still falls far below that in the public education sector. It is
clear that regulatory action is needed in order to provide Head Start
staff with appropriate compensation and stabilize the program long-
term.
The proposed changes to workforce supports will provide clarity to
Head Start grant recipients that, in the absence of additional
appropriations, slot loss is an acceptable tradeoff in order to improve
staff compensation and other supports. Without required compensation
targets at the Federal level, severe inequities in the pay of these
workers will likely persist. This fact jeopardizes the ability of Head
Start programs to provide high-quality services and promote strong
outcomes for children and results in classrooms being closed due to
staffing shortages.\45\
---------------------------------------------------------------------------
\45\ Source: Head Start program monthly enrollment data reported
internally to OHS. Note that the percent of programs experiencing
staffing challenges is likely higher since it was not explicitly
requested that programs report this information.
---------------------------------------------------------------------------
In other words, failure to address the current severe inequities in
pay would likely also have a negative impact on the number of children
served due to ongoing and worsening staffing shortages. The proposed
regulations in this area will promote consistent expectations in staff
pay and once implemented, will substantially increase the ability of
programs to recruit and retain qualified staff.
Even at the expense of serving more children in the absence of
additional appropriations, these changes are necessary for Head Start
programs to enable the children that are served to reach their full
potential and attain school readiness. A stable, well-qualified
workforce is fundamental to providing high-quality Head Start services
to children and families.
We recognize there will be costs associated with enacting the
proposed standards at current Head Start funded enrollment levels,
however, we note that the number of children currently served in Head
Start is well below the funded enrollment level, primarily due to
closed classrooms because programs cannot find qualified staff. While
programs may need to reduce their funded slots to better reflect their
enrollment levels, we expect that many programs will be able to
redirect portions of their budget to wage increases and other
requirements. As described in this section, we propose a 7-year ramp-up
for the full implementation of the new wage requirements. This will
allow ample time for programs to prepare for implementation. Due to the
long implementation timeline, reductions in the number of children
served would not be realized immediately or soon after the effective
date of a final rule and would only occur in future years in the
absence of additional funding. We understand funded slot loss is a
difficult trade-off to consider, but a number of programs are already
requesting and enacting slot reductions due to closed classrooms that
are a result of staffing challenges, and programs are often proposing
to reinvest these cost savings into better wage and other supports for
staff. The current staffing challenges and inequities that Head Start
is facing make it imperative to act now to establish these requirements
that are critical to set the Head Start program on the pathway to
stabilizing their workforce that can allow for continued high quality
operations of this program.
The following four sections go into more detail on the proposed
standards to establish this pathway which include requirements for: (1)
progress to pay parity for Head Start education staff with elementary
school education staff (Sec. 1302.90(e)(2); (2) pay scale for all
staff (Sec. 1302.90(e)(1)); (3) minimum pay standard Sec.
1302.90(e)(3); and (4) wage comparability across Head Start Preschool
and Early Head Start Sec. 1302.90(e)(4).
Progress To Pay Parity for Head Start Education Staff With Elementary
School Education Staff
We intentionally begin with a discussion of the proposed standards
in new paragraph Sec. 1302.90(e)(2), Progress to pay parity for
education staff with elementary school staff, as the rationale for
these standards sets the foundation for the rest of the proposed wage
standards. This set of proposed standards requires programs to make
progress towards achieving pay parity for Head Start education staff
with kindergarten through third grade teachers by providing these staff
with wages that are at least comparable to those paid to public school
preschool teachers. These proposed standards require programs to take
into account staff responsibilities, qualifications, and experience
when determining these wages. In the context of these standards, Head
Start education staff refers to those staff who work directly with
children as part of their daily job responsibilities, including lead
teachers, assistant teachers, home visitors and family child care
providers. There is a body of research evidence to indicate that
increasing compensation can help with retention of ECE teachers.
Studies of the broader ECE field indicate strategies to improve
compensation for ECE professionals can improve employment stability for
teachers and reduce turnover (and vice versa, with lower wages linked
to higher turnover).\46\ For
[[Page 80826]]
instance, a recent randomized controlled trial study in Virginia found
that financial incentives (i.e., bonuses) for early educators of up to
$1,500 reduced teacher turnover by 11 percentage points, with even
stronger impacts for educators with the lowest levels of
compensation.\47\ Other research demonstrates that programs that have
better compensated staff also have lower turnover and provide higher
quality services to children.\48\
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\46\ Bassok, D., Doromal, J., Michie, M., & Wong, V. (2021). The
Effects of Financial Incentives on Teacher Turnover in Early
Childhood Settings: Experimental Evidence from Virginia.
EdPolicyWorks at the University of Virginia.; Caven, M., Khanani,
N., Zhang, X., & Parker, C.E. (2021). Center-and program-level
factors associated with turnover in the early childhood education
workforce (REL 2021-069). U.S. Department of Education, Institute of
Education Sciences, National Center for Education Evaluation and
Regional Assistance, Regional Educational Laboratory Northeast &
Islands.
\47\ Bassok et al. (2021).
\48\ Whitebook, M., Howes, C., & Phillips, D. (2014). Worthy
Work, STILL Unlivable Wages: The Early Childhood Workforce 25 Years
after the National Child Care Staffing Study. Center for the Study
of Child Care Employment. <a href="https://cscce.berkeley.edu/wp-content/uploads/publications/ReportFINAL.pdf">https://cscce.berkeley.edu/wp-content/uploads/publications/ReportFINAL.pdf</a>.; Whitebook, M., Sakai, L.,
Gerber, E., & Howes, C. (2001). Then & Now: Changes in Child Care
Staffing, 1994-2000. Washington, DC: Center for the Child Care
Workforce and Institute of Industrial Relations, University of
California, Berkeley. <a href="https://cscce.berkeley.edu/wp-content/uploads/publications/Then-and-Now.pdf">https://cscce.berkeley.edu/wp-content/uploads/publications/Then-and-Now.pdf</a>.
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Several states, cities, and localities are implementing targeted
efforts to strengthen wages for early educators. For instance, San
Francisco is newly investing up to $60 million annually to
significantly raise wages for educators in eligible ECE programs in the
city. The investment will raise annual salaries by anywhere from $8,000
to $30,000 and by 2025, the city aims to ensure all early educators in
eligible programs are earning at least $28 per hour.\49\ Further,
through the formation of the Early Childhood Educator Equitable
Compensation Task Force, the District of Columbia recently developed a
pay scale for all early educators in DC that will promote pay parity
for early educators with elementary teachers, with gradations within
the pay scaled based on job role, credentials, and experience.\50\
Additionally, New Mexico created two programs to support the early
childhood workforce. In 2021, New Mexico created a $1,500 incentive
payment plan in recognition of pandemic recovery efforts.\51\ Later, in
2022, New Mexico began a new initiative where child care providers are
able to apply for funding to increase their staff wages $3 per hour for
all staff, and raise the wage floor to $15 per hour for new teachers
and $20 per hour for lead teachers.\52\
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\49\ Retrieved from: <a href="https://sfdec.org/mayor-breed-announces-landmark-pay-raise-initiative-for-early-educators-in-city-funded-programs/">https://sfdec.org/mayor-breed-announces-landmark-pay-raise-initiative-for-early-educators-in-city-funded-programs/</a>.
\50\ Early Educator Equitable Compensation Task Force. (March
2022). Final Report of the Early Educator Equitable Compensation
Task Force. Washington, DC. Retrieved from: <a href="https://lims.dccouncil.gov/downloads/LIMS/49122/Introduction/RC24-0154-Introduction.pdf">https://lims.dccouncil.gov/downloads/LIMS/49122/Introduction/RC24-0154-Introduction.pdf</a>.
\51\ New Mexico Early Childhood Education and Care Department.
(2021). Child Care Workers in New Mexico Eligible for $1,500
Incentive Payments. <a href="https://www.nmececd.org/2021/11/01/child-care-workers-in-new-mexico-eligible-for-1500-incentive-payments/">https://www.nmececd.org/2021/11/01/child-care-workers-in-new-mexico-eligible-for-1500-incentive-payments/</a>.
\52\ New Mexico Early Childhood Education and Care Department.
(2022) Gov. Lujan Grisham announces historic pay increase for early
childhood workforce. <a href="https://www.nmececd.org/2022/10/11/gov-lujan-grisham-announces-historic-pay-increase-for-early-childhood-workforce/">https://www.nmececd.org/2022/10/11/gov-lujan-grisham-announces-historic-pay-increase-for-early-childhood-workforce/</a>.
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There are four provisions to the proposed Sec. 1302.90(e)(2). We
begin with a proposed standard, Sec. 1302.90(e)(2)(i) that requires
programs to make progress towards pay parity for Head Start and Early
Head Start teachers with kindergarten through 3rd grade teachers by
providing wages that are at least comparable with preschool teachers in
the local public schools. The proposed standard requires a program to
make measurable progress towards pay parity for Head Start teachers
with kindergarten through third grade teachers. To demonstrate progress
to pay parity, by August 1, 2031, a program must ensure each Head Start
teacher receives an annual salary that is at least comparable to the
annual salary paid to preschool teachers in public school settings in
the program's local or neighboring school district, adjusted for
responsibilities, qualifications, and experience. A program may provide
annual salaries comparable to a neighboring school district if the
salaries are higher than a program's local school district. We
recognize there are many nuances to this proposed standard, and we
further explain our intent in the following paragraphs.
First, the standard states that a program must make measurable
progress towards pay parity for Head Start teachers with kindergarten
through 3rd grade teachers. Teachers in these elementary grades perform
similar duties and have similar responsibilities in supporting young
children's learning and development--in other words, they provide
similar services--as teachers in Head Start programs. It is widely
understood in the fields of child development and education that the
`early childhood' developmental stage encompasses birth through age
8.\53\ Indeed, a recent well-regarded report from the Institute of
Medicine and National Research Council provides a framework and
foundation for supporting the workforce that educates and works with
children from birth through age 8.\54\ The report emphasizes that this
developmental time period should be supported holistically by
supporting the diverse workforce that works with this age group across
sectors. Typically, children are 8 years old when they enter 3rd grade,
which aligns with our reference point in the proposed standard for
programs to make progress towards pay parity for Head Start teachers
with public school teachers through 3rd grade.
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\53\ American Academy of Pediatrics. (2023). Early childhood.
<a href="https://www.aap.org/en/patient-care/early-childhood/">https://www.aap.org/en/patient-care/early-childhood/</a>; Hyson, M., &
Tomlinson, H.B. (2014). The early years matter: Education, care, and
the well-being of children, birth to 8. Washington, DC: National
Association for the Education of Young Children and Teachers College
Press.
\54\ Institute of Medicine (IOM) and National Research Council
(NRC). 2015. Transforming the workforce for children birth through
age 8: A unifying foundation. Washington, DC: The National Academies
Press.
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Despite the similar roles and responsibilities of Head Start
teachers and elementary teachers both working with children in early
childhood, these educators have stark differences in average pay. For
instance, in 2022 average pay was approximately: $39,096 for Head Start
Preschool teachers and $32,373 for Early Head Start teachers,\55\ as
compared to $53,200 for preschool teachers in school-based settings and
$65,120 for public school kindergarten teachers.\56\
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\55\ Source: Head Start 2022 PIR.
\56\ U.S. Bureau of Labor Statistics. Occupational Employment
and Wages. May 2022. 25-2012 Kindergarten Teachers, Except Special
Education. <a href="https://www.bls.gov/oes/current/oes252012.htm">https://www.bls.gov/oes/current/oes252012.htm</a>; U.S.
Bureau of Labor Statistics. Occupational Employment and Wages. May
2022. 25-2011 Preschool Teachers, Except Special Education. <a href="https://www.bls.gov/oes/current/oes252011.htm">https://www.bls.gov/oes/current/oes252011.htm</a>.
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This represents alarming pay gaps for Head Start Preschool teachers
and Early Head Start teachers compared to both kindergarten teachers
and school-based preschool teachers. Furthermore, as discussed
previously, many Head Start teachers are highly skilled and
credentialed; 71 percent of Head Start Preschool teachers and 23
percent of Early Head Start teachers have at least a bachelor's degree.
Further, 94 percent of Head Start Preschool teachers and 45 percent of
Early Head Start teachers have at least an associate degree.\57\ Head
Start programs often report that they compete with public schools to
retain teachers, particularly those with bachelor's degrees, as they
are well qualified to work in elementary school settings. In fact, Head
Start programs in multiple school districts across the country have
anecdotally reported to ACF that public schools are intentionally
recruiting their most qualified Head Start teachers. Therefore, the
first part of this standard sets the goal of making progress toward pay
parity for Head Start educators with elementary school educators by
[[Page 80827]]
narrowing the pay gap between these groups. The proposed standard also
requires ``measurable progress'' towards pay parity, which is discussed
further below in the context of proposed Sec. 1302.90(e)(2)(iv).
Finally, this language also aligns with section 653(a) of the Act,
which requires that program staff are not paid in excess of the average
rate of compensation in the area where the program is carried out to a
substantial number of persons providing comparable services.
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\57\ Source: Head Start 2022 PIR.
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Next, assuming publication of a final rule in 2024, this standard
provides approximately a 7-year implementation window for programs to
meet this requirement by August 2031, aligning with the approximate
start of a new program year. We believe this 7-year window is necessary
to allow programs sufficient time to thoughtfully plan and prepare for
implementation of this standard, without impacting currently enrolled
students. We recognize it will require significant effort on the part
of programs to establish and revise their pay structures to align with
these proposed requirements (and a requirement to establish or update
an overall pay structure is discussed further in the next section). The
7-year implementation timeline also creates an opportunity for future
potential Congressional investment in Head Start.
However, we recognize that there are a range of possible options
regarding the effective dates for the proposed standards to improve
staff wages. We request public comment on our proposed effective date
for this standard for progress to pay parity for Head Start teachers.
Next, the proposed standard (Sec. 1302.90(e)(2)(i)) clarifies that
programs must demonstrate they are making progress to pay parity by
ensuring that the salary paid to Head Start Preschool and Early Head
Start teachers is at least comparable to the salary paid to preschool
teachers in public school settings. The goal of this phrasing is to
clarify that, in order to demonstrate sufficient progress on pay parity
for Head Start teachers with kindergarten through third grade teachers,
programs must ensure Head Start teachers receive wages that are, on
average, comparable with those paid to preschool teachers in elementary
and secondary schools, who are educating young children. This standard
serves as a progress marker towards ultimately achieving full pay
parity for Head Start teachers with kindergarten through third grade
teachers. As noted previously, preschool teachers in school-based
settings earn an average annual salary of $53,200,\58\ which is $14,000
more than the average salary of $39,096 for Head Start Preschool
teachers and nearly $21,000 more than the average salary of $32,373 for
Early Head Start teachers.\59\
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\58\ U.S. Bureau of Labor Statistics. Occupational Employment
and Wages. May 2022. 25-2011 Preschool Teachers, Except Special
Education. <a href="https://www.bls.gov/oes/current/oes252011.htm">https://www.bls.gov/oes/current/oes252011.htm</a>.
\59\ Source: Head Start 2022 PIR.
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The target comparison of preschool teachers in public school
settings is intended to represent substantial progress towards parity
with K-third grade public school elementary teachers. Specifically, we
intend the benchmark of preschool teacher annual salaries in public
school settings to represent about 90% of the amount of kindergarten
teacher annual salaries, for those with comparable qualifications.\60\
Achieving wages for Head start teachers that are at least comparable to
salaries for preschool teachers in school-based settings will provide a
significant boost in wages for this well-qualified but underpaid
workforce.
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\60\ This analysis uses BLS average annual salaries as wage
targets. However, since the BLS national average for kindergarten
teacher salaries ($65,120) includes all kindergarten teachers, of
which approximately half have a master's degree or higher, adjust
this annual salary to reflect the target salary for a teacher with a
bachelor's degree ($58,608) guided by salary differences observed in
National Center for Education Statistics data (<a href="https://nces.ed.gov/surveys/ntps/">https://nces.ed.gov/surveys/ntps/</a>). The BLS reported annual salary for preschool teacher
in school settings ($53,200) is therefore approximately 90% of the
annual salary for kindergarten teachers with a bachelor's degree
($58,608).
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Next, the proposed standard, Sec. 1302.90(e)(2)(i), states that
wages for Head Start teachers should be comparable to preschool
teachers in school-based settings in the program's local school
district. However, research indicates that teachers in public schools
that serve a high proportion of children living in poverty are paid
significantly lower on average compared to teachers in low-poverty
schools.\61\ To avoid unintentionally suppressing wage growth of Head
Start teachers by requiring a comparison to public school teachers in
only one school district, who may be underpaid, we include an
additional sentence in Sec. 1302.90(e)(2)(i) that allows a program to
provide annual salaries comparable to a neighboring school district if
the salaries are higher than a program's local school district. This
sentence intentionally allows a Head Start program the flexibility to
consider salaries of preschool teachers in public schools across
multiple school districts in their geographic area when determining
what benchmark to use for teacher salaries, if those school districts
offer higher salaries. We recognize some programs may be located in
geographic areas where there is not a sufficient number of preschool
teachers in public schools in their local or neighboring school
district to benchmark to, in terms of comparable wages. Below, we
discuss proposed Sec. 1302.90(e)(2)(iii) that describes what programs
should do in these instances, to develop an appropriate wage
comparison. We request comment on any barriers that Head Start programs
may face in identifying a comparable population of school-based
preschool teachers for the purposes of benchmarking wages and whether
the options described below for an alternative method to benchmark to
preschool wages are sufficient to overcome any potential challenges. We
also request comment on whether the benchmark of annual salaries paid
to public school preschool teachers is an accurate reflection of
approximately 90% of annual salaries paid to kindergarten teachers with
comparable qualifications.
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\61\ Garcia, E., & Weiss, E. (2019). Low relative pay and high
incidence of moonlighting play a role in the teacher shortage,
particularly in high-poverty schools. The third report in `The
Perfect Storm in the Teacher Labor Market' series. Washington, DC:
Economic Policy Institute.
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Finally, the proposed standard, Sec. 1302.90(e)(2)(i), requires a
program to consider responsibilities, qualifications, and experience of
the teachers when determining salaries. This aligns with
recommendations from ECE research experts, which suggest that wages for
the ECE workforce should be reflective of job role, experience, and
education.\62\ This portion of the proposed standard acknowledges that
responsibilities and expectations of a job position should be a key
factor in determining wages. In general, an individual in a given
position with a more advanced degree or credential should be
compensated more than an individual in the same position with a lower
degree or credential, all other factors being equal. However, degrees
or credentials are not the only important factor to consider when
determining salaries. Experience is also key, particularly in the field
of ECE where many teachers have years of experience, but may have never
attained a bachelor's degree, for instance.\63\ Further, research
indicates that degrees are not the only thing that matters for
[[Page 80828]]
determining teaching quality in ECE; experience and other supports such
as professional development, coaching, and training, are also
critically important for high quality teaching.\64\ Therefore, the
proposed standard elevates the importance of considering an
individual's experience when establishing wages, in addition to
qualifications.
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\62\ <a href="https://cscce.berkeley.edu/workforce-index-2020/state-policies-to-improve-early-childhood-educator-jobs/early-childhood-educator-workforce-policies/compensation-financial-relief/">https://cscce.berkeley.edu/workforce-index-2020/state-policies-to-improve-early-childhood-educator-jobs/early-childhood-educator-workforce-policies/compensation-financial-relief/</a>.
\63\ Kini, T. & Podolsky, A. (2016). Does Teaching Experience
Increase Teacher Effectiveness? A Review of the Research. Palo Alto:
Learning Policy Institute. Retrieved from: <a href="https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research">https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research</a>.
\64\ Kini, T. & Podolsky, A. (2016). Does Teaching Experience
Increase Teacher Effectiveness? A Review of the Research. Palo Alto:
Learning Policy Institute. Retrieved from: <a href="https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research">https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research</a>; Yoshikawa, H.,
Weiland, C., Brooks-Gunn, J., Burchinal, M., Espinosa, L., Gormley,
W.T., Ludwig, J., Magnuson, K., Phillips, D., & Zaslow, M. (October,
2013). Investing in our future: The evidence base on preschool.
Society for Research in Child Development.
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We recognize that qualifications and experience intersect in
complex ways when determining wages. For instance, we would expect that
a teacher with a bachelors who is new to the ECE field would likely
earn a higher wage than a teacher with an associate degree who is also
new to the field. However, we would expect that a teacher with an
associate degree and many years of experience in ECE may likely earn a
higher wage than a teacher with a bachelor's degree who is brand new to
the field. This is consistent with section 653 of the Act which
encourages programs to consider experience when determining salaries.
The phrasing of the proposed requirement provides flexibility to
programs to determine how they consider responsibilities,
qualifications and experience when determining salaries. Our goal here
is to provide programs with flexibility to determine wages that make
the most sense for their program structure, while also balancing
experience and qualifications.
Next, we turn to the second provision of Sec. 1302.90(e)(2). Here
we propose a new standard in Sec. 1302.90(e)(2)(ii) that provides a
deadline of August 1, 2031, for programs to make measurable progress
towards pay parity for all other education staff who work directly with
children as part of their daily job responsibilities. To demonstrate
this, a program must provide these staff an annual salary that is at
least comparable to salaries for Head Start teachers as described
above, but adjusted for role, responsibilities, qualifications, and
experience. This proposed standard is intended to apply to education
staff other than lead teachers whose primary job is to work in
classrooms or homes with children, including assistant teachers, home
visitors, and family child care providers. Once implemented, this
standard would significantly raise wages for these positions. We
request public comment on whether there are other education staff
positions besides these who work regularly with children to whom this
standard should apply.
To align with the prior standard on progress to pay parity that
applies to Head Start teachers, this standard will also go into effect
in August of 2031, approximately 7 years after publication of the final
rule. We request public comment on our proposed effective date for this
standard for progressing towards pay parity for Head Start education
staff.
The average salaries for these education staff are far below what
they could earn with other employers and do not reflect the
qualifications they hold or the important work they do. In 2022,
average salaries for these education staff were as follows: $25,570 for
assistant teachers; $38,510 for home visitors; and $40,902 for family
child care providers.\65\ Meanwhile, 52 percent of home visitors have a
bachelor's degree,\66\ and 88 percent of assistant teachers have at
least a Child Development Associate (CDA) or comparable credential.\67\
These education staff provide critical services in classroom- and home-
based settings in Head Start programs.
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\65\ Source: Head Start 2022 PIR.
\66\ Source: Head Start 2019 PIR; this was the last year of PIR
that collected data on the number of home visitors with a bachelor's
degree.
\67\ Source: Head Start 2022 PIR.
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Similar to lead teachers, without qualified staff in these
positions, the quality and availability of classroom- and home-based
services are impacted, which in turn negatively impacts outcomes for
children. Home-based services in particular--through home visiting or
family child care--are provided to a large share of infants and
toddlers in Early Head Start. In addition, assistant teachers play
critical roles in Head Start Preschool classrooms to support children's
learning and development alongside lead teachers. As previously noted,
all classroom staff, regardless of position, build strong relationships
with children that are crucial to healthy child development and can be
damaging when disrupted. Retaining assistant teachers is as beneficial
to the program--and to the children enrolled--as retaining lead
teachers. Further, promoting stronger wages for assistant teachers can
help support career pathways so that they eventually may become lead
teachers or take on other positions in programs. Therefore, in the
context of these proposed standards, we expect that education staff
with less experience or qualifications will still receive significant
compensation increases, and that these increases will be reflective of
the important jobs they perform.
The phrasing of proposed standard Sec. 1302.90(e)(2)(ii) requires
that a program provide an annual salary to these other education staff
positions that is comparable to salaries described in the prior
provision in proposed paragraph (e)(2)(i), but is adjusted for role,
responsibilities, qualifications, and experience. As summarized
previously, the intention of this phrasing is to acknowledge that
education staff in different positions, with different qualifications,
and/or with different experience may receive different levels of
compensation, relative to lead teachers. However, it is our intention
that salaries for these other education positions with varying
qualifications and experience are not simply compared to and set at the
same level as salaries for other potentially lower paid staff in
school-based settings, such as teacher aides or paraprofessionals.
Rather, salaries for Head Start teachers established under proposed
Sec. 1302.90(e)(2)(i) should serve as an anchor for salaries for other
education staff captured by the standard proposed in (e)(2)(ii). This
is best described with a few concrete examples.
For instance, a home visitor and a lead teacher could reasonably be
considered to hold similar important responsibilities within the
context of the Head Start program; both play a primary role in
supporting the development of enrolled children. Therefore, if a home
visitor holds a bachelor's degree and similar experience as a lead
teacher with a bachelor's degree, the program should consider
compensating this home visitor at a similar level as a lead teacher.
However, if a home visitor holds an associate degree and a few years of
experience, the program could reasonably compensate the home visitor at
an amount below an experienced teacher with a bachelor's degree, with
an expectation of salary growth as the home visitor gains experience.
As another example, an assistant teacher and a lead teacher could be
reasonably considered to hold different levels of responsibilities
within the Head Start classroom. Therefore, a program could reasonably
choose to compensate an assistant teacher with an associate degree
below that for a lead teacher with an associate degree.
Taken together, we do expect that wages will vary for education
staff across the complex intersections of role, responsibilities,
qualifications, and experience. However, it is also our
[[Page 80829]]
intention that programs ensure wage scales are not drastically
different between education staff positions based solely on degrees or
credentials held, particularly for positions that have the same or
similar responsibilities in the program. Programs must also consider
experience when determining pay for education staff.
Next, we propose a new standard Sec. 1302.90(e)(2)(iii) that
provides an allowance for programs to use an alternative method for
determining the comparable preschool salaries in specific
circumstances. More specifically, if there is not a sufficient number
of comparable public school preschool teachers in the program's local
or neighboring school district, this proposed standard allows a program
to use an alternative method to implement the requirements in clause
(i) and (ii) of Sec. 1302.90(e)(2) to determine appropriate comparison
salaries. The alternative method must be approved by ACF. This standard
acknowledges that some programs are located in areas which do not have,
or have a small number of, preschool teachers in school-based settings
in local or neighboring school districts. In these cases, we recognize
that it may not be possible to obtain a reliable estimate of comparison
salaries. Programs are still required to make measurable progress
toward pay parity in such circumstances, but this standard allows for
an alternative approach to anchor comparison salaries. The proposed
standard would require programs to use an alternative method for
determining comparison salaries, and this method must be approved by
ACF. For instance, this could include using salaries from preschool
teachers in school-based settings in a geographically and/or
socioeconomically similar area. Or programs may consider increasing
salaries to a specified percentage of kindergarten to third grade
teacher salaries in the local school district. ACF may provide guidance
on pre-approved alternative methods to facilitate implementation of
this standard where applicable. We request comment on what type of
guidance or technical assistance Head Start programs need to develop an
alternative method in areas without school-based preschool teachers in
local school districts.
Finally, as referenced previously, ACF expects that programs will
make measurable progress towards pay parity for Head Start education
staff with kindergarten to third grade teachers. The fourth and final
provision of Sec. 1302.90(e)(2) proposes a new standard that requires
programs to examine their progress to pay parity by regularly tracking
data on how wages paid to their education staff compare to wages paid
to preschool through third grade teachers in their local or neighboring
school district. The intention of this standard is for programs to
regularly track and examine pay gaps between Head Start education staff
and teachers in comparable settings. The comparison to preschool
teachers serves as a way to track in alignment with the proposed
standards on progress to pay parity as described above. Programs should
capitalize on existing data sources to implement this requirement to
track wage data. Many, if not all, programs have internal data which
they can leverage to track wages paid to their education staff.
Additionally, to track wages for preschool through third grade teachers
in the local or neighboring school district, programs can leverage
publicly available information from these settings. Programs may
already have methods for obtaining this information as part of their
wage comparability surveys, or through existing partnerships with local
education agencies and local school-based preschool programs. Regular
tracking would ideally occur on an annual basis at minimum so that
programs are aware of their progress, or lack thereof, in closing pay
gaps and can make necessary adjustments.
Pay Scale for All Staff
Here we discuss the proposed changes to the new Sec.
1302.90(e)(1), Pay scale. There has been growing interest in the field
to implement wage ladders or pay scales that promote more competitive
wages for the ECE workforce. As summarized previously, the District of
Columbia (DC) recently developed a pay scale for all early educators in
DC that will promote pay parity for early educators with elementary
teachers, with gradations within the pay scaled based on job role,
credentials, and experience.\68\ Alabama and a handful of other states
have pushed forward to require pay parity for staff across all
preschool programs in the State with K-3 elementary staff, including
the same starting salary and salary schedule.\69\ A few cities, such as
New York City and San Antonio, have also pushed forward with policies
for pay parity for preschool staff with elementary staff.\70\ We
propose three provisions to Sec. 1302.90(e)(1) to describe
requirements for pay scales in Head Start programs.
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\68\ Early Educator Equitable Compensation Task Force. (March
2022). Final Report of the Early Educator Equitable Compensation
Task Force. Washington, DC. Retrieved from: <a href="https://lims.dccouncil.gov/downloads/LIMS/49122/Introduction/RC24-0154-Introduction.pdf">https://lims.dccouncil.gov/downloads/LIMS/49122/Introduction/RC24-0154-Introduction.pdf</a>.
\69\ <a href="https://cscce.berkeley.edu/workforce-index-2020/state-policies-to-improve-early-childhood-educator-jobs/early-childhood-educator-workforce-policies/compensation-financial-relief/">https://cscce.berkeley.edu/workforce-index-2020/state-policies-to-improve-early-childhood-educator-jobs/early-childhood-educator-workforce-policies/compensation-financial-relief/</a>.
\70\ CityHealth & NIEER (n.d.); McLean, C., Dichter, H., &
Whitebook, M. (2017). Strategies in Pursuit of Pre-K Teacher
Compensation Parity: Lessons From Seven States and Cities. Berkeley,
CA: Center for the Study of Child Care Employment, University of
California, Berkeley and New Brunswick, NJ: the National Institute
for Early Education Research. Retrieved from <a href="https://cscce.berkeley.edu/wp-content/uploads/publications/Strategies-in-Pursuit-of-Pre-K.pdf">https://cscce.berkeley.edu/wp-content/uploads/publications/Strategies-in-Pursuit-of-Pre-K.pdf</a>.
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In the first provision, Sec. 1302.90(e)(1)(i), we propose a new
requirement that, by August 1, 2031, programs must implement a pay
scale, salary scale, wage ladder, or other pay structure that applies
to all staff in the program. This pay structure must incorporate the
requirements in paragraphs (2), (3), and (4) of Sec. 1302.90(e) and
promote salaries that are comparable to similar services in relevant
industries in their geographic area. The pay structure must consider,
at a minimum, responsibilities, qualifications, and experience relevant
to the position, and schedule or hours worked. The intention of this
standard is to ensure a program's pay structure promotes competitive
wages for all staff in the program, in addition to education staff. The
proposed Sec. 1302.90(e)(1)(i) contains many components; we explain
each here in further detail.
First, we intentionally structured this standard with the same
implementation timeline--August 1, 2031--as the proposed standards for
progress to pay parity for education staff, Sec. 1302.90(e)(2), that
were described previously. We recognize it is critical for program
planning and implementation purposes for these standards to go into
effect within the same timeframe. We request public comment on our
proposed effective date for this standard.
Next, we specify that a program must develop or update a pay
structure for program staff salaries. Since ACF believes the majority
of programs already have a pay structure of some kind in place for
employees, such as a pay scale, salary schedule, or wage ladder. In
cases where a program does not have a pay structure in place, a program
must establish one under this proposed requirement.
For the majority of programs that already have an established pay
structure, they must update it to reflect the requirements of the
proposed Sec. 1302.90(e)(1)(i). Next, we specify that the program's
pay structure must incorporate the requirements in newly proposed Sec.
1302.90(e)(2), (e)(3), and (e)(4), as well as wages for all other staff
[[Page 80830]]
in the program. As summarized previously, proposed Sec. 1302.90(e)(2)
outlines wage requirements for Head Start teachers and other education
staff. Newly proposed paragraphs (e)(3) and (e)(4) are discussed in
further detail in subsequent sections and encompass requirements for a
pay floor and for wage comparability across Head Start Preschool and
Early Head Start staff positions.
The proposed Sec. 1302.90(e)(1)(i) specifies that the program's
pay structure must promote salaries that are comparable to similar
services in relevant industries. This phrasing is the main thrust of
this proposed requirement. Overall, we intend for this standard to
improve wages for a variety of staff positions in the program, in
addition to improved wages for education staff specified in Sec.
1302.90(e)(2). As discussed previously, education staff are not the
only positions for which programs are struggling to recruit and retain
staff. Programs report difficulty filling other positions including
family services staff, bus drivers, janitors, cooks, mid-level
managers, and center directors. While not all these staff necessarily
leave Head Start due to low wages, many do. It is critical to retain
high-quality staff across these positions in order to maintain a high
functioning program.
Therefore, ACF expects programs will thoroughly consider wages of
comparable industries to assess whether and how wages for various
positions in their program should be improved. For instance, a family
services staff member who holds a bachelor's degree in social work or
another related field could be considered to provide comparable
services to a family outreach or engagement specialist in a public
school setting. If a health services staff member holds a nursing
degree, this staff member could be comparable to a nurse with a similar
degree providing similar services in other healthcare settings. In
addition, as programs consider how to restructure their pay scales to
provide significantly higher raises for education staff as described in
Sec. 1302.90(e)(2), we expect that wages for most other staff
positions will need to be lifted as well, to avoid the unintended
consequence of wage compression.
Finally, in establishing or updating their pay scale, proposed
Sec. 1302.90(e)(1)(i) requires that a program consider
responsibilities, qualifications, and experience relevant to the
position, as well as schedule or hours worked. We believe these factors
are important to consider when establishing or updating a pay scale,
for the same reasons as described previously for proposed Sec.
1302.90(e)(2). Here we specify that the responsibilities,
qualifications, and experience considered when establishing wages
should be relevant to the position. This specification is meant to
clarify that a program does not necessarily have to consider
qualifications that are irrelevant to a given position, when
determining wages. For instance, if a janitor holds a master's degree
and the program determines this position does not require a degree, the
program does not have to compensate that individual at a similar rate
as other staff members in the program who hold master's degrees that
are relevant to their job role and responsibilities.
Next, we turn to the second provision of Sec. 1302.90(e)(1). Here
we propose a new paragraph Sec. 1302.90(e)(1)(ii) that requires, after
August 1, 2031, programs to review their pay structure at least once
every 5 years to ensure it continues to provide competitive wages for
staff reflective of the requirements described previously, without
causing undue burden by requiring it more frequently. By requiring this
at least once every 5 years, it is our intention that grant recipients
can align this review of their pay structure with other planning and
strategic activities as part of their 5-year grant cycle, if desired.
We request public comment on our proposed effective date for this
standard.
In the third and final provision of Sec. 1302.90(e)(1), we propose
a new paragraph that requires programs to ensure that staff salaries do
not exceed the rate payable for level II of the Executive Schedule,
which aligns with 42 U.S.C. 9848(b)(1). This provision reminds programs
of the limitations on excessive compensation for the highest paid
positions and ensures that salaries at the highest end of the pay scale
are compliant with the limits described in the Act.
Finally, we recognize programs may need training and technical
assistance (TTA) support to revise their salary scale or pay structure.
Materials are available that describe key components and considerations
of a salary scale for ECE staff.\71\ Upon publication of a final rule,
ACF will also be prepared to offer TTA supports to grant recipients. We
invite public comment on what types of TTA supports programs will need
to successfully implement the standards described here.
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\71\ See for instance this resource on salary/wage scales for
the ECE workforce: <a href="https://www.teachecnationalcenter.org/wp-content/uploads/2021/11/CCSA_2021_Salary-Scale-White-Paper-FINAL.pdf">https://www.teachecnationalcenter.org/wp-content/uploads/2021/11/CCSA_2021_Salary-Scale-White-Paper-FINAL.pdf</a>.
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Minimum Pay Requirement
Here we discuss the proposed changes to the new Sec.
1302.90(e)(3), Salary floor. We propose a new standard in Sec.
1302.90(e)(3) that requires programs to establish a salary floor or
minimum pay that is sufficient to cover basic costs of living in the
geographic area. This standard is intended to ensure that all staff in
the program earn a wage sufficient to cover their basic living needs.
More specifically, the proposed standard requires that, by August 1,
2031, a program must ensure the pay scale established or updated under
Sec. 1302.90(e)(1)(i) provides all staff with a wage or salary that is
generally sufficient to cover basic needs such as food, housing,
utilities, medical costs, transportation, and taxes, or would be
sufficient if the worker's hourly rate were paid according to a full-
time, full-year schedule. It is our intention that this standard
targets those staff who currently receive the lowest wages in the
program; this requirement will raise the pay for these staff. This
could include aides, floaters, office staff, janitors, cooks, bus
monitors, or other positions. This proposed standard contains multiple
components each explained here in further detail.
First, the proposed Sec. 1302.90(e)(3) specifies the same
implementation timeline of August 1, 2031, as the other proposed wage
requirements described in this section. We believe this will make it
easier for programs to consider changes in wages holistically across
these new requirements and provides programs ample time to plan for
implementation. We request public comment on our proposed effective
date for this standard.
Next, the proposed standard specifies that the wage or salary
structure established or updated under Sec. 1302.90(e)(1)(i) must
provide all staff with a wage or salary that is generally sufficient to
cover basic needs. With this language, we intend for programs to
carefully consider costs of living in their local geographic area to
cover basic needs, and what an individual should truly be earning to
cover all of those costs. The language of the proposed standard further
provides examples of basic needs which a full-time staff member's
hourly wages or annual salary should be able to cover, no matter the
job they work for the program, including food, housing, utilities,
medical costs, transportation, and taxes. In most geographic areas of
the country, ACF expects that, at a minimum, a sufficient wage under
this provision would be equivalent to $15 per hour. We recognize that
in some communities or
[[Page 80831]]
geographic areas, this floor may not be sufficient and may need to be
adjusted to reflect higher costs of living. Further, programs would
still be required to pay higher salaries when required by other
sections of this NPRM.
Finally, the proposed Sec. 1302.90(e)(3) specifies that the
minimum pay or pay floor would be sufficient if the workers' hourly
rate were paid according to a full-time, full-year schedule (or over
2,080 hours per year). This phrasing of the proposed requirement is to
recognize that not all staff are full-time employees of the program,
and it allows the implementation of this standard for staff employed
part time. The proposed standard is intended to convey that programs
are not expected to pay wages to a part-time employee that, in total,
would cover all costs of living. Rather, this phrasing conveys that the
wage paid to a part-time employee would be sufficient to cover the
costs of living if that employee worked full time for the program. To
illustrate, consider an example of a program that has determined
$35,000 per year is the appropriate salary floor for their area. It is
not the expectation that all employees of that program earn at least
$35,000 per year, regardless of how many hours they work. Instead, the
program should calculate the hourly rate associated with their salary
floor, $35,000 in this example, according to a full-time, full year
schedule. A standard full-time employee works 2,080 hours per year
(i.e., 40 hours per week for 52 weeks per year), which in this example
corresponds to a minimum hourly rate of $16.83. As such, in our
example, all employees of the program must earn at least $16.83 per
hour.
We recognize that programs may need support or guidance to
determine what wages are necessary, at the minimum, to cover basic
costs of living for staff. Upon publication of a final rule, ACF will
provide grant recipients with TTA supports in this area. We also
acknowledge that there are several possible ways and existing resources
available to calculate and determine what wage is required to cover
basic costs of living. We offer a few examples here. It is of note that
these are examples only and should not be considered an endorsement by
ACF of these specific calculators or tools. First, there are multiple
nationally recognized tools or calculators to assist employers in
making this kind of determination. One such tool is the Living Wage
Calculator developed by experts at the Massachusetts Institute of
Technology (MIT).\72\ Another is the Self-Sufficiency Standard
developed by experts at the Center for Women's Welfare of the
University of Washington.\73\ These types of publicly available
calculators take into account a variety of costs for basic needs and
how these costs vary by geographic area, to help determine an
appropriate hourly wage sufficient to cover these costs. Some
calculators provide estimates for different family sizes and
structures, but it is not the intent of the proposed standard to
require programs to pay a wage sufficient to cover basic needs for
staff that is adjusted by family size or family structure.
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\72\ Glasmeier, A.K. Living Wage Calculator. 2020. Massachusetts
Institute of Technology. <a href="http://livingwage.mit.edu">livingwage.mit.edu</a>.
\73\ The Center for Women's Welfare. The Self-Sufficiency
Standard. University of Washington. <a href="https://selfsufficiencystandard.org/">https://selfsufficiencystandard.org/</a>.
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Alternatively, programs who wish to calculate their own minimum pay
estimates could consider looking to other reliable data sources to
determine expected costs for different types of expenditures for their
geographic area, such as the following publicly available alternatives.
Examples of publicly available data include, but are not limited to:
Housing costs could be approximated using Fair Market Rent estimates
published annually by the U.S. Department for Housing and Urban
Development (HUD); \74\ Food costs can be estimated using the USDA's
food plan national average for adult food consumption; \75\ Health care
costs can be estimated using estimates from the Bureau of Labor
Statistics' (BLS) Consumer Expenditures Survey for average consumer
costs for health insurance, medical services, drugs, and medical
supplies; \76\ Transportation expenses can also be estimated using
estimates from BLS Consumer Expenditures Survey for average consumer
costs for cars and trucks, gas and oil, other vehicle expenses, and
public transportation; \77\ Expenses for taxes can be estimated by
calculating percentages based on required Federal and State taxes.
Finally, a program could consider if they want to incorporate estimates
for other important costs such as personal care products, apparel,
basic supplies, broadband, and telephone services.
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\74\ <a href="https://www.huduser.gov/portal/datasets/fmr.html#2023">https://www.huduser.gov/portal/datasets/fmr.html#2023</a>.
\75\ <a href="https://www.fns.usda.gov/cnpp/usda-food-plans-cost-food-reports-monthly-reports">https://www.fns.usda.gov/cnpp/usda-food-plans-cost-food-reports-monthly-reports</a>.
\76\ <a href="https://www.bls.gov/cex/">https://www.bls.gov/cex/</a>.
\77\ <a href="https://www.bls.gov/cex/">https://www.bls.gov/cex/</a>.
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Wage Comparability Across Head Start Preschool and Early Head Start
Finally, now we turn to the last of the proposed changes on wages,
new paragraph Sec. 1302.90(e)(4), Wage comparability for all ages
served. Here, we propose a new standard that promotes wage
comparability across Head Start Preschool and Early Head Start staff
positions by requiring that the pay structure established or updated
under Sec. 1302.90(e)(1)(i) does not differ by age of children served
for similar program staff positions with similar qualifications and
experience. Head Start Preschool and Early Head Start staff perform
similar important roles and responsibilities to support the development
of enrolled infants, toddlers, and preschoolers. In classroom settings,
Early Head Start teachers must have at least a CDA credential or
equivalent credential, with training or coursework in infant and
toddler development (Sec. 1302.91(e)(1)). Head Start Preschool
teachers must have at least an associate or bachelor's degree in child
development or early childhood education or otherwise meet the
requirements of section 648(a)(3)(B) of the Act (Sec.
1302.91(e)(2)(ii)). The Act also requires that at least 50 percent of
Head Start Preschool teachers nationwide have a bachelor's degree. We
would expect that these differences in qualifications would result in
different salaries or wages. However, a good share of Early Head Start
teachers also hold a bachelors or higher degree (23 percent in 2022).
Nonetheless, our administrative data from Head Start programs indicates
a stark difference in average salaries between Head Start Preschool and
Early Head Start teachers, even among those teachers with similar
qualifications.
In 2022, the average Early Head Start teacher with a bachelor's
degree earned an annual salary of $37,805, compared to $40,041 for the
average Head Start Preschool teacher with a bachelor's degree, a salary
gap of just over $2,000 per year.\78\ For teachers with advanced
degrees, the disparity is even greater; in 2022, these Head Start
Preschool teachers earned on average 20 percent more in annual salary
($51,162) compared to Early Head Start teachers ($42,761), a salary gap
of over $8,000.\79\ This is a substantial gap in average salary between
professionals holding the same qualifications and performing similar
roles in supporting the learning and development of Head Start
children. These disparities are common
[[Page 80832]]
in the field and lead to increased turnover.\80\ Anecdotally, ACF has
received reports that programs find it more difficult to hire Early
Head Start teachers than Head Start Preschool teachers. The proposed
Sec. 1302.90(e)(4) will help close the wage gap between Early Head
Start and Head Start Preschool teachers with similar degrees and
promote stronger retention of Early Head Start teachers, thereby
improving quality of services for enrolled infants and toddlers.
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\78\ Source: Head Start 2021 PIR.
\79\ Ibid.
\80\ Ibid.
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Staff for Whom Wage Standards Apply
Taken together, the new standards for wage requirements proposed in
this NPRM include requirements for (1) progress to pay parity for Head
Start education staff with kindergarten through third grade elementary
teachers by providing wages comparable to preschool teachers in school-
based settings, adjusted for responsibilities, qualifications, and
experience ; (2) a pay scale that applies to all staff and promotes
competitive wages across positions; (3) a minimum pay floor sufficient
to cover basic costs of living; and (4) wage comparability across Head
Start and Early Head Start positions for staff with similar
qualifications and experience. We recognize that it must be clear for
programs to which staff these newly proposed standards apply. It is our
intention that these newly proposed standards improve wages for staff
in the program who are either employees or contractors and who provide
regular services for children and families in the program that are
integral to program quality or functioning.
First, we propose that these standards apply to staff who are
employees of the Head Start program, whose salary is paid at least in
part with Head Start funds, and whose regular job responsibilities
include activities or services to support enrolled children and
families. We invite public comment on this clarification of which staff
the wages standards apply to, including any potential unintended
consequences.
Next, we summarize our expectations for how the proposed wage
standards should apply to contracted staff. Contracted staff typically
includes individuals who are not Head Start employees, with whom the
program has contracted to provide an ongoing service (e.g.,
disabilities specialists and mental health professionals, bus drivers,
etc.). We recognize that many individuals who provide critical services
for Head Start programs do so through contracted services. We also
recognize that for Early Head Start--Child Care Partnership grant
recipients, many child care partners are funded through contracts or
other mechanisms with the grant recipients. In the context of the new
wage standards, we propose that, for contracted staff, language in the
contract must provide for wages comparable to what the recipient
organization would provide if they were the employer. Further, we
propose to require that programs strongly encourage contractors to use
the funding to increase salaries for their staff.
We invite public comment on this expectation for how the wage
standards apply to contractors or other partnership agreements,
including any potential unintended consequences.
Finally, we recognize that these proposed standards will have
different ramifications for implementation within certain
organizational structures or for certain types of agencies. For
example, grant recipients with employee bargaining agreements and those
in organizations with existing formal salary structures that extend
beyond just Head Start staff, such as in community action agencies, may
need to engage representatives of workers if they need to negotiate new
collective bargaining agreements that increase wages for Head Start
staff (or for specific groups of Head Start staff, such as teachers).
We also recognize that many Tribal grant recipients may have pay
structures already in place for Tribal employees that include staff
beyond Head Start. We encourage all programs, not solely those with
collective bargaining agreements, to engage Head Start staff as they
work to meet these new proposed standards, both for wages and other
proposed changes. ACF intends to provide TTA supports to understand
options and strategies for implementing wage increases within the
context of varied organizational structures and agency types.
ACF recognizes that the proposed wage requirements are complex, and
as discussed previously, may be experienced differently by different
communities. We seek public comment on how any of the proposed wage
requirements in this section may impact various communities. We
specifically request public comment from the special populations served
by Head Start, including American Indian and Alaska Native (AIAN) and
MSHS programs and communities. We also specifically request comment
from Head Start staff and their representatives, and other early
childhood program providers.
Workforce Supports: Staff Benefits (Sec. 1302.90)
Section 1302.90 outlines requirements for personnel policies,
including the establishment of personnel policies and procedures,
background check procedures, standards of conduct, and communication
with dual language learners. In alignment with the newly proposed
requirements in Sec. 1302.90(e) to improve wages for staff, we also
propose a new paragraph (f) in this section that outlines requirements
for grant recipients to provide benefits to staff. The proposed new
standards require grant recipients to provide or facilitate access to
health insurance for all staff; paid sick leave, and paid family leave
for full-time staff; provide short-term behavioral health services for
full-time staff for free or at minimal cost to them; and facilitate
access to Public Service Loan Forgiveness (PSLF) and child care
subsidies for eligible staff. We are also considering a requirement for
recipients to provide retirement benefits to all full-time staff and we
specifically request public comment on whether to add such a
requirement in a final rule. This request for comment on a possible
requirement for retirement benefits is discussed in further detail
below. In the context of these proposed requirements, we propose to
define ``full-time staff'' as those working 30 hours per week or more
while the program is in session. For programs operating longer than a
typical school year (e.g., year-round programs), we propose a
requirement that such programs develop a policy for vacation or
personal leave. Grant recipients are encouraged to consider and offer
other benefits that may support staff recruitment and retention.
First, we propose to add Sec. 1302.90(f)(1) as a lead in statement
to define full-time staff as it applies to several proposed benefit
requirements. Proposed (f)(1) defines full-time staff as those working
30 or more hours per week during the program year. Next, we propose to
add (f)(1)(i) which requires a program to provide or facilitate access
to high-quality, affordable health insurance. This proposed standard
would require grant recipients to either: (1) provide and contribute to
employer-sponsored health insurance coverage, or (2) educate, connect,
and facilitate the enrollment of employees in health insurance options
in the <a href="http://Healthcare.gov">Healthcare.gov</a> Marketplace (Marketplace), the appropriate State-
specific health insurance marketplace, or Medicaid, for full-time
staff. Employees are not obligated to accept employer-provided or
employer-facilitated health insurance, such as those receiving
[[Page 80833]]
insurance coverage through a spouse or another manner. Through input
from OHS regional office staff and members of the Head Start community,
we are aware that, while many Head Start staff are already offered
employer-sponsored health coverage, this coverage may still entail
considerable out-of-pocket costs for staff. Thus, if grant recipients
choose to offer employer-sponsored coverage, we encourage employers to
provide an insurance plan that offers coverage similar to that offered
by silver, gold, or platinum plans in the Marketplace.\81\ Definitions
of affordable coverage, minimum value,\82\ and minimum essential health
benefits \83\ are determined by the Affordable Care Act (ACA), and
large Head Start grant recipients are already subject to the employer
shared responsibility provisions in the ACA.\84\ Premium tax credits
\85\ subsidize the cost of health insurance coverage in the Marketplace
and are available to individuals in households with incomes up to 400
percent of the Federal Poverty Guidelines. We anticipate most Head
Start staff are currently eligible for these tax credits, and some may
be eligible for Medicaid depending on their family size, household
income, and the State in which they live. Because premium tax credit
amounts vary with household income and household compositional changes,
we also anticipate that as the wage requirements proposed in new
paragraph (e) of this section are implemented, this would affect
premium tax credit amounts or eligibility, as well as Medicaid
eligibility, for some staff.
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\81\ See the healthcare.gov website for a description of
Marketplace plans and actuarial value: <a href="https://www.healthcare.gov/choose-a-plan/plans-categories/">https://www.healthcare.gov/choose-a-plan/plans-categories/</a>.
\82\ See the Internal Revenue Service (IRS) website for more
information on minimum value and affordability: <a href="https://www.irs.gov/affordable-care-act/employers/minimum-value-and-affordability">https://www.irs.gov/affordable-care-act/employers/minimum-value-and-affordability</a>.
\83\ See healthcare.gov for a list of essential health benefits:
<a href="https://www.healthcare.gov/glossary/essential-health-benefits/">https://www.healthcare.gov/glossary/essential-health-benefits/</a>.
\84\ See the IRS website for more information on the employer
shared responsibility provisions: <a href="https://www.irs.gov/affordable-care-act/employers/employer-shared-responsibility-provisions">https://www.irs.gov/affordable-care-act/employers/employer-shared-responsibility-provisions</a>.
\85\ See the healthcare.gov website for a description of premium
tax credits and eligibility: <a href="https://www.healthcare.gov/lower-costs/save-on-monthly-premiums/">https://www.healthcare.gov/lower-costs/save-on-monthly-premiums/</a>.
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For part-time staff who work fewer than the 30 hour per week as
defined above, we propose to require programs to facilitate the
enrollment of these staff in health insurance options in the
Marketplace or through Medicaid for which they may be eligible.
Specifically, we propose to add new paragraph (f)(2) which requires a
program to facilitate access to high-quality, affordable health
insurance for each part-time staff member. That is, grant recipients
would not be required to offer nor precluded from offering employer-
sponsored health insurance to part-time staff, but the proposed
standard would require, at a minimum, that the grant recipient make
part-time staff aware of potential benefits through premium tax credits
for which they may be eligible and facilitate their connection to the
Marketplace or Medicaid.
Increasing Head Start staff access to and the quality of health
insurance benefits is key to attracting and retaining skilled staff and
to being competitive with other jobs. In March 2022, 73 percent of the
civilian workforce had access to employer-sponsored healthcare benefits
(88 percent of full-time workers and 23 percent of part-time workers),
with employers paying on average 80 percent of premiums for employee
coverage and 67 percent for family coverage.\86\ By comparison, in
2019, only 27 percent of ECE workers in center-based settings had
private health insurance through their own employer, while nearly all
K-12 educators had employer-sponsored coverage.\87\ Nearly 16 percent
of the ECE workforce lacked health insurance.\88\ As previously
described, we are also aware that, while many Head Start staff may be
offered employer-sponsored health coverage, it may not cover many
health expenses, may not cover family members and/or may entail
considerable out of pocket costs for staff. In order for Head Start
programs to compete with other sectors that could potentially employ
staff qualified for Head Start--including public schools--it is
critical that Head Start programs offer or connect staff to quality,
affordable health insurance.
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\86\ Bureau of Labor Statistics (BLS). (2022). Employee Benefits
in the United States, March 2022. <a href="https://www.bls.gov/news.release/pdf/ebs2.pdf">https://www.bls.gov/news.release/pdf/ebs2.pdf</a>.
\87\ Rudich, J., Sugar, S., Chien, N., Peters, C., & Sommers, B.
(2021, November). Assessing uninsured rates in early care and
education workers. Office of the Assistant Secretary for Planning
and Evaluation, U.S. Department of Health and Human Services.
<a href="https://www.aspe.hhs.gov/sites/default/files/documents/557aff156a2eac8dd50b489172c7eac6/early-educators-uninsured-data-point.pdf?_ga=2.163634812.2117647616.1661871770-774747381.1611252684">https://www.aspe.hhs.gov/sites/default/files/documents/557aff156a2eac8dd50b489172c7eac6/early-educators-uninsured-data-point.pdf?_ga=2.163634812.2117647616.1661871770-774747381.1611252684</a>.
\88\ Rudich et al. (2021).
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Based on our analysis of OHS administrative data from grant
recipients, we have determined that most recipients employ more than 50
workers and are therefore subject to the ACA's shared responsibility
for employers regarding health coverage, and many offer some level of
health insurance or other employee benefits.\89\ We anticipate some
implementation issues for small grant recipients with fewer than 50
employees who do not currently offer or administer employer-sponsored
benefits like health insurance. However, the proposed requirements as
written allow recipients to facilitate full-time staff members'
enrollment in health insurance options in the Marketplace, which helps
the logistical difficulties of negotiating employee benefits plans with
insurers, though we acknowledge that recipients may require technical
assistance to connect with Navigators or other resources. The American
Rescue Plan Act of 2021 and the Inflation Reduction Act of 2022 \90\
increased the subsidies for purchasing private health insurance in the
Marketplace available to those meeting income and other requirements,
and grant recipients may choose to administer or contribute to
employees' flexible spending accounts (FSAs) to defray out-of-pocket
health care costs. When employees are covered by a health savings
account (HSA)-eligible high-deductible health plan, grant recipients
may choose to administer or contribute to employees' HSAs to defray
out-of-pocket health care costs.
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\89\ See <a href="https://www.federalregister.gov/documents/2014/02/12/2014-03082/shared-responsibility-for-employers-regarding-health-coverage">https://www.federalregister.gov/documents/2014/02/12/2014-03082/shared-responsibility-for-employers-regarding-health-coverage</a>.
\90\ See <a href="https://www.cms.gov/blog/inflation-reduction-act-tax-credits-improve-coverage-affordability-middle-income-americans#_ftnref6/">https://www.cms.gov/blog/inflation-reduction-act-tax-credits-improve-coverage-affordability-middle-income-americans#_ftnref6/</a>.
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Next, we propose a new paragraph (f)(1)(ii) which requires that
programs offer paid sick leave to full-time staff, based on an accrual
system based on hours worked or by offering a number of days updated
annually. At a minimum, the accrual must meet the standards set by
State or local laws, if applicable. Paid leave due to illness or other
reasons is a typical employer-sponsored benefit in the U.S. workforce.
We do not propose a specific required number of days per year but seek
comments on whether the standard should specify a minimum number of
leave days or accrual rate.
Paid sick leave for workers allows for recovery from personal
illness or the time to care for ill family members, but employer-
provided paid sick leave is not universal and varies with worker wages.
In March 2022, 79 percent of civilian workers had access to paid sick
leave, 79 percent had paid holidays, and 77 percent had paid vacation
leave, but just 40 percent of the lowest 10 percent of earners had
access to paid sick leave compared to nearly all (96 percent) of
[[Page 80834]]
the top 10 percent of earners.\91\ Eighty-eight percent of full-time
civilian workers had access to paid sick leave compared to just about
half (51 percent) of part-time workers.\92\ Workers who lack paid sick
leave are more likely to go to work while ill and to forgo medical care
for themselves and their families,\93\ problems exacerbated by the
pandemic. Having access to sick leave is particularly important for a
workforce that directly cares for, teaches, and interacts with young
children in group settings in which the spread of communicable illness
is common.\94\
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\91\ BLS. (2022). Table 6. Selected paid leave benefits: Access,
March 2022.
\92\ BLS. (2022). Table 6. Selected paid leave benefits: Access,
March 2022. <a href="https://www.bls.gov/news.release/pdf/ebs2.pdf">https://www.bls.gov/news.release/pdf/ebs2.pdf</a>.
\93\ Schneider D. Paid sick leave in Washington State: Evidence
on employee outcomes, 2016-2018. Am J Public Health.
2020;110(4):499-504. doi:10.2105/AJPH.2019.305481; DeRigne LA,
Stoddard-Dare P, Quinn L. Workers without paid sick leave less
likely to take time off for illness or injury compared to those with
paid sick leave. Health Aff. 2016;35(3):520-527. doi:10.1377/
hlthaff.2015.0965. Schenider, D., Harknett, K., & Vivas-Portillo, E.
Olive Garden's expasion of paid sick leave during COVID-19 reduced
the share of employees workign while sick. Health Aff.
2021;40(8):1328-1336. <a href="https://www.healthaffairs.org/doi/10.1377/hlthaff.2020.02320">https://www.healthaffairs.org/doi/10.1377/hlthaff.2020.02320</a>.
\94\ Bradley, R. H. (2003). Child care and common communicable
illnesses in children aged 37 to 54 months. Archives of Pediatric
and Adolescent Medicine, 157(2), 196-200. <a href="https://pubmed.ncbi.nlm.nih.gov/12580692/">https://pubmed.ncbi.nlm.nih.gov/12580692/</a>.
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Next, we propose a new paragraph (f)(1)(iii) which requires that
programs offer job-protected periods of paid family leave to employees
consistent with eligibility for and protections in the Family and
Medical Leave Act (FMLA) of 1993 regardless of employer size. Or, if
applicable, the proposed standard clarifies that programs should comply
with requirements set by State or local laws for paid family leave.
Periods of leave that are longer than the few days per year typically
offered by paid sick leave may be needed during certain life events,
including a serious illness for a staff member or their family members,
or the birth of a child. A growing body of research shows that access
to paid family leave improves maternal and child health and family
economic well-being and increases father engagement and preventive care
receipt.\95\ We intend for this requirement to apply to all programs,
even those who are not covered by FMLA due to employer size (e.g.,
fewer than 50 employees). As such, we expect that the proposed paid
family leave policy would apply for full-time employees in all Head
Start programs, regardless of the number of employees in the program,
who have had at least 12 months of tenure with their employer. The
reason for the leave must be a qualifying reason under FMLA, regardless
of whether the employer is covered by FMLA.
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\95\ Rossin-Slater, M., & Uniat, L. (2019). Paid family leave
policies and Population Health. Health Affairs Brief. <a href="https://www.healthaffairs.org/do/10.1377/hpb20190301.484936/">https://www.healthaffairs.org/do/10.1377/hpb20190301.484936/</a> Waldfogel, J.,
Doran, E., & Pac, J. (2019). Paid family and medical leave improves
the well-being of children and families. SRCD Child Evidence Brief.
<a href="https://www.srcd.org/research/paid-family-and-medical-leave-improves-well-being-children-and-families">https://www.srcd.org/research/paid-family-and-medical-leave-improves-well-being-children-and-families</a>.
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An estimated 29 percent of Head Start staff work in one of the 11
states and the District of Columbia that have enacted paid family leave
laws as of October 2022, though the requirements in these laws
vary.\96\ In March 2022, more than one-quarter (29%) of primary and
secondary, and special education teachers had access to paid family
leave benefits through their employers,\97\ with others having access
to State-sponsored public paid family leave programs.\98\ Employer-
provided paid family leave benefits are inequitably distributed in the
workforce, with 34 percent of civilian workers in management,
professional and related occupations having access, compared to 15
percent of those in service occupations.\99\
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\96\ See: <a href="https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf">https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf</a>.
\97\ BLS. (2022). National Compensation Survey: Employee
Benefits in the United States, March 2022. Table 7: Leave benefits
by occupational category, Civilian workers, March 2022. <a href="https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm">https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm</a>.
\98\ As of October 2022, paid family leave laws were in place in
11 states and the District of Columbia. See: <a href="https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf">https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf</a>.
\99\ BLS. (2022). National Compensation Survey: Employee
Benefits in the United States, March 2022. Table 7: Leave benefits
by occupational category, Civilian workers, March 2022. <a href="https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm">https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm</a>.
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FMLA entitles eligible workers to periods of unpaid, job-protected
leave for up to 12 weeks per 12-month period for the birth, adoption,
or foster care placement of a new child within one year of birth,
adoption, or placement; to care for a spouse, child, or parent with a
serious health condition; a serious health condition that makes the
employee unable to perform the essential functions of his or her job;
or a qualifying exigency arising out of the fact that the employee's
spouse, son, daughter, or parent is a covered military member on
covered active duty. Up to 26 weeks of leave is available for an
employee to care for a covered servicemember with a serious injury or
illness if the eligible employee is the servicemember's spouse, son,
daughter, parent, or next of kin.\100\ To be eligible for FMLA, workers
must work for a covered employer at a location with 50 or more
employees within 75 miles; have worked 1,250 hours or more during the
12 months prior to the start of leave; and have worked for the employer
for 12 months or more before the start of leave.\101\ However, under
this proposed new requirement, all Head Start programs, regardless of
employer size, would be required to provide full-time staff that meet
the employee eligibility requirements (i.e., have worked 1,250 hours or
more during the 12 months prior to the start of leave; and have worked
for the employer for 12 months or more before the start of leave) with
partial or full wage replacement during qualifying periods of leave. We
request comments on whether the reasons for leave or eligibility
requirements, such as how long a staff member has been with an employer
or employer size, should be modified for this proposed standard, or if
aligning with FMLA is the best approach.
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\100\ <a href="https://www.dol.gov/agencies/whd/fmla">https://www.dol.gov/agencies/whd/fmla</a>.
\101\ U.S. Department of Labor. FMLA Frequently Asked Questions.
<a href="https://www.dol.gov/agencies/whd/fmla/faq#3">https://www.dol.gov/agencies/whd/fmla/faq#3</a>.
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Next, for programs whose program year lasts longer than a typical
school year, we propose in new paragraph (f)(1)(iv) to require such
programs offer full-time staff the accrual of paid vacation or personal
leave commensurate with experience or time working at the program. In
2022, 77 percent of civilian workers had paid vacation leave and 48
percent had paid leave designated as personal leave. That year, only 21
percent of primary and secondary teachers had paid vacation leave.\102\
But as noted by BLS,\103\ the majority of K-12 school districts
function on a school year schedule (37-38 weeks per year) with regular
breaks, as do many Head Start Preschool programs. However, most Early
Head Start programs and some Head Start Preschool programs operate
throughout the summer months as well, and these ``year-round'' program
staff are not benefitting from a summer break. We believe these staff
working on more of a year-round schedule should have the opportunity to
accrue paid vacation leave, but we do not propose a specific
[[Page 80835]]
required number of days per year or accrual rate. We request comment on
whether these requirements regarding paid vacation or personal leave
are important for attracting and retaining qualified staff. We seek
comments on whether the implementation of these requirements would lead
to unintended consequences or unpredictable expenses, particularly in
the case of paying out upon an employee leaving a program.
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\102\ BLS. (2022). National Compensation Survey: Employee
Benefits in the United States, March 2022. Table 7: Leave benefits
by occupational category, Civilian workers, March 2022. <a href="https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm">https://www.bls.gov/ebs/publications/september-2022-landing-page-employee-benefits-in-the-united-states-march-2022.htm</a>.
\103\ BLS. (2022). Employee Benefits in the United States, March
2022. <a href="https://www.bls.gov/news.release/pdf/ebs2.pdf">https://www.bls.gov/news.release/pdf/ebs2.pdf</a>.
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Next, we propose to add new paragraph (f)(1)(v) which requires that
employers offer access to short-term behavioral health services for
full-time staff that entails minimal or no out-of-pocket costs for
staff. We propose that these services include access to approximately
three to five outpatient visits per year.\104\ The Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
requires that group health plans and health insurance coverage ensure
that financial requirements and treatment limitations on mental health
and substance-use disorder services are no more restrictive than the
predominant financial requirements and treatment limitations applicable
to medical and surgical health services, and that there are no
financial requirements and treatment limitations applicable only with
respect to mental health and substance use disorder services. Mental
health and substance-use disorder services, including treatment such as
counseling and psychotherapy, are also one category of the essential
health benefits that health insurance issuers offering non-
grandfathered \105\ group or individual health insurance coverage
(including health insurance coverage offered in the Marketplace) must
cover without annual dollar caps.
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\104\ When offering access to the behavioral health services
that would be required under these proposed rules, an employer
should be aware that other provisions of law may apply to that
arrangement. In general, the provision of medical care, including
the provision of behavioral health services, could result in the
arrangement being considered a group health plan subject to the
relevant provisions of the Employee Retirement Income Security Act
(ERISA) that applies to group health plans, unless the arrangement
qualifies as an excepted benefit. For an Employee Assistance Program
(EAP) to qualify as an excepted benefit, the EAP must meet the
requirements of 26 CFR 54.9831-1(c)(3)(vi); 29 CFR
2590.732(c)(3)(vi) and 45 CFR 146.145(b)(3)(vi), including that the
program may not provide significant benefits in the nature of
medical care and that no employee premiums or contributions or cost-
sharing can be required as a condition of participation in the EAP.
To the extent the arrangement that provides the behavioral health
visits required under these proposed rules does not meet the
requirements to qualify as an excepted benefit, the arrangement may
be considered a group health plan subject to the requirements of
Part 7 of the Employee Retirement Income Security Act (ERISA).
\105\ Section 1251 of the Affordable Care Act provides that
grandfathered health plans are not subject to certain provisions of
the Code, ERISA, and the PHS Act, as added by the Affordable Care
Act, for as long as they maintain their status as grandfathered
health plans. See 26 CFR 54.9815-1251; 29 CFR 2590.715-1251 and 45
CFR 147.140. For a list of the market reform provisions applicable
to grandfathered health plans under title XXVII of the PHS Act that
the Affordable Care Act added or amended and that were incorporated
into the Code and ERISA, visit <a href="https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/laws/affordable-care-act/for-employers-andadvisers/grandfathered-health-plans-provisions-summary-chart.pdf">https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/laws/affordable-care-act/for-employers-andadvisers/grandfathered-health-plans-provisions-summary-chart.pdf</a>.
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Even with health insurance, out-of-pocket expenses like high
deductibles or copays may serve as barriers for individuals facing
mental illness or symptoms for receiving care. In 2010, only 15 percent
of private industry workers had a high deductible plan, compared to 45
percent in 2018.\106\ In a 2020 nationally representative survey, among
those reporting perceived unmet mental health care needs in the prior
year, 46 percent reported that they could not afford the cost of
treatment, 19 percent reported that their health insurance did not pay
enough for mental health services, and 29 percent reported they did not
know where to go for services.\107\
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\106\ BLS. (2023). High deductible health plans and health
savings accounts. <a href="https://www.bls.gov/ebs/factsheets/high-deductible-health-plans-and-health-savings-accounts.htm">https://www.bls.gov/ebs/factsheets/high-deductible-health-plans-and-health-savings-accounts.htm</a>.
\107\ Council of Economic Advisors. (2022, May). Reducing the
economic burden of unmet mental health needs. The White House.
<a href="https://www.whitehouse.gov/cea/written-materials/2022/05/31/reducing-the-economic-burden-of-unmet-mental-health-needs/">https://www.whitehouse.gov/cea/written-materials/2022/05/31/reducing-the-economic-burden-of-unmet-mental-health-needs/</a>.
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Research suggests that Head Start staff face a constellation of
stressors, including financial stress and challenging behaviors in the
classroom, which are in turn associated with poorer staff physical and
psychological well-being, and may benefit from increased access to
mental health care services. Head Start teachers experience high rates
of health problems and depressive symptoms, with some studies finding
that nearly one-third have depressive symptoms.\108\ A 2013 study in
Pennsylvania found that Head Start teachers showed higher rates of poor
or fair health, depressive symptoms, unhealthy days, and having three
or more health conditions compared to women with similar
backgrounds.\109\ The challenges surrounding the COVID-19 pandemic
exacerbated stress and health problems among early childhood teachers.
A study of ECE professionals conducted in summer 2020 in New York City
found that 31 percent reported doctor-diagnosed anxiety and 23 percent
reported doctor-diagnosed depressive symptoms.\110\ Another study of
over 80,000 ECE professionals found that 47.5 percent screened positive
for depression and 66.5 percent reported moderate to high stress
levels, which was a higher prevalence of both depression and stress
than among US adults overall in 2020.\111\ Further, research on Head
Start programs has linked staff job stressors and poor mental health to
lower-quality teacher-child interactions and teachers' behavioral
management skills.\112\ In a sample of Head Start programs, teachers'
depressive symptoms were associated with fewer gains in children's math
skills across the year.\113\
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\108\ Ibid.
\109\ Whitaker, R., Becker, B., Herman, A., & Gooze, R. (2013).
The physical and mental health of Head Start staff: The Pennsylvania
Head Start staff wellness survey, 2012. Preventing chronic disease,
10(1), 1-9.
\110\ Kwon, K.-Ah., Ford, T.G., Tsotsoros, J., Randall, K.,
Malek-Lasater, A., & Kim, S.G. (2021). Challenges in working
conditions and well-being of early childhood teachers by teaching
modality during the COVID-19 pandemic. International Journal of
Environmental Research and Public Health, 19, 4919.
\111\ Elharake, J.A., Shafiq, M., Cobanoglu, A., Malik, A.A.,
Klotz, M., Humphries, J.E., . . . & Gilliam, W.S. (2022). Prevalence
of Chronic Diseases, Depression, and Stress among US Child Care
Professionals during the COVID-19 Pandemic. medRxiv, 2022-03.
\112\ Li-Grining, C.L., Raver, C.C., Champion, K., Sardin, L.,
Metzger, M., & Jones, S.M. (2010). Understanding and improving
classroom emotional climate and behavior management in the ``real
world'': The role of Head Start teachers' psychosocial stressors.
Early Education and Development, 21(1), 65-94.; Roberts, A.,
LoCasale-Crouch, J., Hamre, B., & DeCoster, J. (2016). Exploring
Teachers' Depressive Symptoms, Interaction Quality, and Children's
Social-Emotional Development in Head Start. Early Education and
Development, 27(5), 642-654.; Whitaker, R.C., Dearth-Wesley, T., &
Gooze, R.A. (2015). Workplace stress and the quality of teacher-
children relationships in Head Start. Early Childhood Research
Quarterly, 30, 57-69.
\113\ Jeon, S., Jeon, L., Lang, S. & Newell, K. (2021). Teacher
depressive symptoms and child math achievement in Head Start: The
roles of family-teacher relationships and approaches to learning.
Child Development, 92(6), 2478-2495.
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Access to free or low-cost short term mental health services is key
to promoting staff well-being and children's development. Programs may
use a variety of strategies to ensure staff facing mental health
conditions or symptoms have access to short-term, affordable mental
health treatment. Employers may do so through an employer-sponsored
group health plan that provides short-term, outpatient behavioral
health care at low out-of-pocket costs, or through an Employee
Assistance Program (EAP) that qualifies as an excepted benefit and can
refer and connect employees to mental health resources and providers.
While we propose to require programs to cover approximately three to
five outpatient visits, nothing in these rules prohibit a
[[Page 80836]]
program from providing additional visits.
Next, we propose to add new paragraph (f)(3) which requires
programs to connect staff members who are parents with affordable child
care resources and information--including connections to child care
resource and referral agencies if applicable--and to facilitate the
enrollment of staff members who may be eligible in the child care
subsidy program. The early childhood workforce, including Head Start
staff, are disproportionately women of color,\114\ many of whom rely on
child care for their own children. High-quality child care is expensive
and difficult to find,\115\ particularly for infants and toddlers, but
key to both promoting labor force participation and children's
development.\116\ Child Care Resource and Referral (CCR&R)
organizations and other child care consumer education organizations
serve as resource hubs to connect families to high-quality, affordable
child care through referrals and information on licensing, subsidies,
and how to access services for children with disabilities.\117\ Head
Start programs can ensure that staff members are aware of and connected
to local CCR&Rs or other consumer education organizations in their
communities. For each staff member who may be eligible for public child
care assistance, a program should educate and facilitate application to
and enrollment in the child care subsidy program.
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\114\ Coffey, M. (2022). Still underpaid and unequal: Early
childhood educators face low pay and a worsening wage gap. Center
for American Progress. <a href="https://www.americanprogress.org/article/still-underpaid-and-unequal/">https://www.americanprogress.org/article/still-underpaid-and-unequal/</a>; Mayfield, W., & Cho, I. (2022). The
National Workforce Registry Alliance 2021 Workforce Dataset: Early
Childhood and School-age Workforce Trends, with a Focus on Racial/
Ethnic Equity. National Workforce Registry Alliance. <a href="https://www.registryalliance.org/wp-content/uploads/2022/05/NWRA-2022-ECE-workforce-data-report-final.pdf">https://www.registryalliance.org/wp-content/uploads/2022/05/NWRA-2022-ECE-workforce-data-report-final.pdf</a> ; Smith, L., McHenry, K., Morris, &
Chong, H. (2021). Characteristics of the child care workforce.
Bipartisan Policy Center. <a href="https://bipartisanpolicy.org/blog/characteristics-of-the-child-care-workforce/">https://bipartisanpolicy.org/blog/characteristics-of-the-child-care-workforce/</a>.
\115\ Child Care Aware. (2022). 2021 Child Care Affordability.
<a href="https://www.childcareaware.org/catalyzing-growth-using-data-to-change-child-care/#ChildCareAffordability">https://www.childcareaware.org/catalyzing-growth-using-data-to-change-child-care/#ChildCareAffordability</a>.
\116\ Chaudry, A., Morrissey, T.W., Weiland, C., & Yoshikawa, Y.
(2021). Cradle to Kindergarten: A New plan to combat inequality, 2nd
Edition. New York: Russell Sage Foundation.
\117\ <a href="https://www.childcareaware.org/about/child-care-resource-referral/">https://www.childcareaware.org/about/child-care-resource-referral/</a>.
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Further, we recognize that many Head Start staff members' own
children may be eligible for Head Start services. Being able to enroll
one's own child in an ECE program where that individual is also
employed could be an important benefit to support recruitment and
retention of staff. Therefore, we also propose to add a new paragraph
(5) to Sec. 1302.14(a) Selection criteria that clarifies programs can
choose to prioritize the enrollment of staff members' children through
selection criteria. Section 1302.14(a) includes requirements for
establishing selection criteria to weigh the prioritization of
selection of participants for the program. The proposed standard in new
paragraph (5) clarifies that programs can choose, as part of this
process, to prioritize staff members' children. Programs are reminded
that in order to be enrolled in a Head Start funded slot, such children
would still need to be age eligible and meet an eligibility category
described in Sec. 1302.12(c) or (d). We also note that as the wage
requirements proposed in this NPRM are implemented, this would likely
affect eligibility for some staff.
Next, we propose a new paragraph (4) in Sec. 1302.90(f) that
requires programs to facilitate access to Public Service Loan
Forgiveness (PSLF), or other applicable student loan debt relief
programs, for any Head Start staff who may have student loan debt. This
includes timely certification of employment for the staff member.
Evidence suggests that student loan debt is higher among the ECE
workforce than the overall population. When combined with relatively
low wages, this compounds economic hardship. According to a March 2022
survey of approximately 2,500 ECE providers, 19 percent reported they
had student debt, compared to 17 percent of the U.S. adult population
overall, and 17 percent reported they carried debt for others.\118\
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\118\ RAPID Survey, Student Debt in the Early Childhood
Workforce, May 2022. Retrieved from: <a href="https://rapidsurveyproject.com/our-research/student-debt-in-the-early-childhood-workforce">https://rapidsurveyproject.com/our-research/student-debt-in-the-early-childhood-workforce</a>.
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The PSLF Program, administered by the U.S. Department of Education,
is intended to encourage individuals to enter and continue in full-time
public service employment by forgiving the remaining balance of their
Direct loans after they satisfy public service and loan payment
requirements. Many Head Start programs share information with staff
about the PSLF program as well as other State or local student debt
relief opportunities they may be eligible for as a staff recruitment
and retention strategy that can reduce financial stress among staff.
Individual borrowers who are eligible for PSLF must submit with their
PSLF application a certification of qualifying employment which
requires a signature from the employer. It is important that Head Start
programs offer timely certification of employment to facilitate debt
relief for Head Start staff. This proposed standard would require
programs to facilitate access to PSLF and other available student debt
relief by providing information about debt relief opportunities and
offering timely certification of employment.
Next, recognizing that there are other benefits that may enhance
programs' ability to compete for skilled staff, we propose to require
programs, at least once every 5 years, to assess and determine if their
benefits package is adequate for recruiting and retaining full-time
staff and competitive with benefits offered by local or neighboring
school districts. The proposed standard specifies that programs may
offer additional benefits to staff, including more enhanced health
benefits, retirement savings plans, flexible savings accounts, or life,
disability, and long-term care insurance. We propose to encourage
programs to offer additional benefits to all staff based on the needs
of their workforce. Additional benefits may include but are not limited
to retirement, dental or vision benefits; subsidized health insurance
for staff members' dependents; tax-exempt health, dependent care, or
flexible spending accounts; or other benefits to staff such as life,
long-term care, and disability insurance.
Finally, ACF is considering adding retirement savings plans to the
list of required benefits to be provided to full-time Head Start staff
and specifically seeks public comment on whether to add an additional
requirement for recipients to provide retirement savings benefits to
full-time staff. Research indicates that the majority of public school
teachers are offered some type of retirement or pension plan.\119\ And
a study of ECE professionals in one State found that 80 percent were
worried about their retirement savings.\120\ Providing retirement
benefits may provide another mechanism for Head Start programs to
recruit and retain staff. However, we also recognize that such a
requirement could lead to additional slot loss in Head Start absent
additional appropriations. We seek public comment on whether retirement
savings benefits, ranging from employer assistance in establishing
retirement accounts to more comprehensive benefits with employer
matching
[[Page 80837]]
contributions, consistent with what public schools offer, should be
required as an effective mechanism for staff recruitment and retention,
especially when weighed against potential slot loss. Overall, we
believe this set of employer-provided benefits is necessary to attract
and retain a skilled, qualified workforce in Head Start programs. In
general, as Head Start programs phase in wage increases and benefits,
they should hold harmless existing benefits such that employees receive
benefits that are at least as generous as their current benefits. ACF
requests comment about the degree to which grant recipients are
currently offering a set of high-quality benefits and the
administrative difficulty or expense creating these benefits would
entail. We also seek public comment on how any of the proposed benefit
requirements in this section may impact various communities. We
specifically request public comment from the special populations served
by Head Start, including AIAN and MSHS programs and communities.
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\119\ BLS. (2022). Employee benefits in the United States. Table
1. Retirement benefits: Access, participation, and take-up rates.
\120\ Sakai, L. (2014). ``Economic Insecurity and Early
Childhood Teaching.'' In Worthy Work, Still Unlivable Wages: The
Early Childhood Workforce 25 Years after the National Child Care
Staffing Study, edited by Marcy Whitebook, Deborah Phillips, and
Carollee Howes, 41-54. Berkeley, CA: Center for the Study of Child
Care Employment.
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Workforce Supports: Staff Wellness (Sec. 1302.93)
Section 1302.93 outlines program requirements for promoting staff
health and wellness, including that staff: have regular health
examinations; do not pose a risk of exposing others in the program to
communicable diseases; are provided access to mental health and
wellness information, including opportunities to learn about these
topics. However, these current standards lack critical requirements to
promote staff physical and mental wellness on the job, including
regular breaks during the workday and access to appropriate adult-size
furniture in classrooms. We believe the proposed requirements described
in this section, together with the proposed requirements described in
the Subpart I--Human Resources Management subsection of the Mental
Health Services section of this preamble, will provide much needed
supports to reduce staff stress and burnout; improve the quality of
interactions between teachers and children; and improve staff
recruitment and retention. Importantly, improving staff retention will
also contribute to a more positive, improved working environment for
all staff.
In this section we describe newly proposed requirements for grant
recipients to provide a minimal level of regular breaks for staff as
well as brief unscheduled `wellness breaks' for staff who work directly
in classrooms with children to support stress management, improve well-
being, reduce turnover, and improve staff retention and the quality of
services. We also propose a requirement for classroom staff to have
access to appropriate adult-sized furniture in classrooms to support
ergonomic health. These newly proposed provisions are consistent with
the proposed requirements in new paragraphs (e) and (f) of Sec.
1302.90 that support improved staff wages and benefits.
First, we propose to add a new paragraph (c) to Sec. 1302.93 which
outlines requirements for break times during work shifts. In new
paragraph (c)(1)(i) we specify that a program must provide, for each
staff member working a shift lasting between four and six hours, a
minimum of one 15-minute break per shift. In new paragraph (c)(1)(ii),
we specify that a program must provide, for each staff member working a
shift lasting six hours or more, a minimum of one 30-minute break per
shift. Newly proposed paragraph (c)(2) requires programs to comply with
State laws or regulations that are more stringent for staff breaks, if
applicable. The required breaks outlined in new paragraph (c)(1) are
minimums, and programs may choose to provide staff with longer or more
frequent breaks depending on the needs of staff, children, and their
programs.
For staff members who regularly work in classrooms with children,
the breaks for staff described in (c)(1) will be subject to required
staff-child ratios. However, in newly proposed paragraph (c)(3), we
specify that during break times for classroom staff, one teaching staff
member may be replaced by one staff member who does not meet the
teaching qualifications required for the age, as long as this staff
member has the necessary training and experience to ensure safety of
children and minimal disruption to the quality of services. ACF expects
that, for classroom staff, these regular breaks will be scheduled for
periods that are least disruptive for classroom instruction or
routines, such as during nap times, meals, or outside play periods and
will be covered by staff who have completed the appropriate background
checks.
In addition, we propose to add new paragraph (c)(4), which requires
a program to design and implement a systematic approach to ensure each
staff member that works directly with children as part of their regular
job responsibilities can have access to brief unscheduled wellness
breaks of about 5 minutes as needed while ensuring child safety. ACF
expects these unscheduled breaks to be brief, of approximately 5
minutes in length. The safety of children is of the utmost importance
to ACF, and we recognize this is a key priority for programs as well.
By designing an intentional, systematic approach for brief `wellness'
breaks, we think programs will be able to better support staff members
who feel temporarily overwhelmed or stressed by the challenges of the
position in the classroom or otherwise need a very brief break (e.g.,
to use the restroom or take an emergency phone call). It will allow
staff the opportunity to briefly step away from an overwhelming
situation, calm down as needed, and think through an appropriate
approach to handling the given situation. We believe this can help
prevent or reduce child incidents in classrooms. At the same time,
careful attention should be given at the program level to allow for
these brief wellness breaks while also promoting the safety of
children. It is expected that the number of unscheduled breaks could
vary daily, and it may be the case that on any given day individuals
may not need unscheduled breaks whereas on other days they could need
more. We request public comment on the length or ideal frequency of
these brief wellness breaks.
We also propose to add a new paragraph (d) to Sec. 1302.93 which
requires programs to ensure staff have access to adult size furniture
in classrooms. This could include, for instance, adult sized chairs or
desks depending on what the classroom layout allows. This change was
motivated by the data indicating that staff in Head Start programs
experience work-related ergonomic pain. For example, a survey of Head
Start teachers in Baltimore found that 80 percent reported
musculoskeletal pain as a result of their work.\121\ In an Oklahoma
sample of Head Start teachers, more than seven in ten (73 percent) Head
Start staff reported work-related ergonomic pain, including in routine
activities like diapering or stooping to pick up children.\122\
Additionally, nearly one-third reported neck pain (31 percent), one in
four reported shoulder pain (26 percent), and over half reported back
pain (56 percent).\123\ The proposed requirement for adult size
furniture will support the physical health of teachers and aligns with
ACF's goal of improving
[[Page 80838]]
and investing in staff health and wellness.
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\121\ The Happy Teacher Project. (2020). Strengthening Health,
Wellness, and Psychosocial Environments in Head Start: Technical
Report 2020. Johns Hopkins University and Oklahoma State University
\122\ Kwon, K., Ford, T., Randall, K., Castle, S. (2021). Head
Start Teacher Paradox: Working conditions, well-being, and classroom
quality. The Happy Teacher Project: Johns Hopkins University and
Oklahoma State University.
\123\ Ibid.
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Together, regularly scheduled breaks, brief unscheduled wellness
breaks, and access to adult size furniture in classrooms will provide
staff with more of the support they need to provide high-quality
education and care to enrolled children. There are no Federal and few
State or local laws regarding employers' offering of staff breaks. The
work of ECE staff, including Head Start teachers, involves actively
educating, caring for, and supervising young children, jobs that
require the full attention of staff members and can be physically,
mentally, and emotionally demanding, particularly if done for long
shift periods. Prior research suggests that Head Start teachers have
low or inconsistent access to regular or unscheduled breaks at work.
For instance, in 2021, the Happy Teacher Project found that 62 percent
of Head Start teachers have no designated breaks, compared to 44
percent of the general ECE workforce.\124\ In another survey of Head
Start teachers in Maryland, 85 percent reported there was no designated
break time for staff (other than children's nap time) and 69 percent
reported there were no consistent bathroom breaks for staff; 55 percent
indicated that more daily breaks would improve overall well-being.\125\
In samples of ECE teachers, up to one-third have reported diseases such
as urinary tract infections and high blood pressure at higher rates
than in populations of similar sociodemographic composition.\126\ This
research suggests some Head Start staff may work full-day shifts
without adequate breaks to eat their own meals, attend to minor
personal tasks, or take care of their own mental and physical well-
being.
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\124\ Kwon, K., Ford, T., Randall, K., Castle, S. (2021). Head
Start Teacher Paradox: Working conditions, well-being, and classroom
quality. The Happy Teacher Project: Johns Hopkins University and
Oklahoma State University.
\125\ The Happy Teacher Project. (2020). Strengthening Health,
Wellness, and Psychosocial Environments in Head Start: Technical
Report 2020. Johns Hopkins University and Oklahoma State University.
\126\ Kwon, K., et al., (2022). Neglected elements of a high-
quality early childhood workforce: Whole teacher well-being and
working conditions. Early Childhood Education Journal, 50, 157-168.
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The lack of access to breaks at work may be part of a constellation
of workplace stressors faced by Head Start staff, which as described
previously, includes financial stress and the significant
responsibility entrusted to Head Start staff who are charged with
supporting the most vulnerable children and families who face a myriad
of challenges. Work climate and stressors are associated with teacher
psychological well-being,\127\ and in turn, contribute to staff
turnover.\128\ In the Baltimore survey, 43 percent of Head Start
teachers surveyed reported an intention to leave the job.\129\
Additionally, as stated earlier, Head Start staff turnover in 2022 was
the highest it has been in two decades. Staff turnover interrupts
adult-child relationships and is associated with poorer child outcomes
\130\ and increases the workloads and schedule changes for the teachers
who remain.\131\ Among staff who remain in their jobs, work
environments and physical and psychological well-being are associated
with teachers' relationships with children and children's
outcomes.\132\ In a study of ECE centers that included Head Start
programs, lead and assistant teachers' work stress was associated with
children's social and emotional outcomes, including anxiety-withdrawal
and social competence.\133\
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\127\ Jeon, L., & Ardeleau, K. (2020). Work climate in early
care and education and teachers' stress: Indirect associations
through emotion regulation. Early Education & Development, 31(7),
1031-1051; Jeon, L., Buettner, C., & Grant, A. (2018). Early
childhood teachers' psychological well-being: Exploring potential
predictors of depression, stress, and emotional exhaustion. Early
Education & Development, 29(1), 53-69.
\128\ Grant, A., Jeon, L. & Buettner, C. (2019). Relating early
childhood teachers' working conditions and wellbeing in their
turnover intentions. Educational Psychology, 39(3), 294-312.
\129\ The Happy Teacher Project. (2020). Strengthening Health,
Wellness, and Psychosocial Environments in Head Start: Technical
Report 2020. Johns Hopkins University and Oklahoma State University.
\130\ Markowitz, A., & Bassok, D. (2018). Teacher turnover and
child development in Head Start. Paper presented at the Association
for Public Policy Analysis and Management Conference. U.S.
Department of Health and Human Services & U.S. Department of
Education. (2016).
\131\ Cassidy, D.J., Lower, J.K., Kintner-Duffy, V.L., Hegde,
A.V., & Shim, J. (2011). The day-to-day reality of teacher turnover
in preschool classrooms: An analysis of classroom context and
teacher, director, and parent perspectives. Journal of Research in
Childhood Education, 25(1), 1-23.
\132\ Jeon, L., Buettner, C., Grant, A., & Lang, S. (2019).
Early childhood teachers' stress and children's social, emotional,
and behavioral functioning. Journal of Applied Developmental
Psychology, 61, 21-32.; Jeon, S., Jeon, L., Lang, S. & Newell, K.
(2021). Teacher depressive symptoms and child math achievement in
Head Start: The roles of family-teacher relationships and approaches
to learning. Child Development, 92(6), 2478-2495.; The Happy Teacher
Project (2020).; Smith, S., & Lawrence, S. (2019). Early Care and
Education Teacher Well-Being: Associations with Children's
Experience, Outcomes, and Workplace Conditions (Issue March). <a href="http://www.nccp.org/publications/pdf/text_1224.pdf">http://www.nccp.org/publications/pdf/text_1224.pdf</a>.
\133\ Jeon, L., Buettner, C., Grant, A., & Lang, S. (2019).
Early childhood teachers' stress and children's social, emotional,
and behavioral functioning. Journal of Applied Developmental
Psychology, 61, 21-32.
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Research suggests that early childhood teacher well-being was low
prior to the COVID-19 pandemic, and that the pandemic exacerbated the
workplace, financial, and other stressors among the ECE workforce,
contributing to reductions in emotional well-being, physical health,
and job commitment in the workforce.\134\ Further, research finds
evidence of racial differences, such as higher rates of stress for
Black teachers and higher rates of ergonomic pain for Latinx teachers
for those teaching in-person when compared to their White counterparts,
with implications for equity among a workforce that is
disproportionately women of color.\135\ The pandemic also exacerbated
the challenges in recruiting and retaining ECE staff.
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\134\ Hanno, E., Gardner, M., Jones, S., & Lesaux, N. (2022). An
ecological perspective on early educator well-being at the start of
the COVID-19 pandemic. Early Childhood Research Quarterly. <a href="https://doi.org/10.1016/j.ecresq.2022.02.002">https://doi.org/10.1016/j.ecresq.2022.02.002</a>; Kwon, K., Ford, T., Tsotsoros,
J., Randall, K., Malek-Lasater, A., & Kim, S. (2022). Challenges in
working conditions and well-being of early childhood teachers by
teaching modality during the COVID-19 pandemic. International
Journal of Environmental Research and Public Health, 19, 4919.;
Markowitz, A., & Bassok, D. (2022). Understanding the well-being of
early educators in the wake of the coronavirus pandemic: Lessons
from Louisiana. Early Childhood Research Quarterly. <a href="https://doi.org/10.1016/j.ecresq.2022.05.001">https://doi.org/10.1016/j.ecresq.2022.05.001</a>; Souto-Manning, M., & Melvin, S.
(2022). Early childhood teachers of color in New York City:
Heightened stress, lower quality of life, declining health, and
compromised sleep amidst COVID-19. Early Childhood Research
Quarterly, 60, 34-48.
\135\ Kwon, K., Ford, T., Tsotsoros, J., Randall, K., Malek-
Lasater, A., & Kim, S. (2022). Challenges in working conditions and
well-being of early childhood teachers by teaching modality during
the COVID-19 pandemic. International Journal of Environmental
Research and Public Health, 19, 4919.; Souto-Manning, M., & Melvin,
S. (2022). Early childhood teachers of color in New York City:
Heightened stress, lower quality of life, declining health, and
compromised sleep amidst COVID-19. Early Childhood Research
Quarterly, 60, 34-48.
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Each standard that ACF proposes in this section is responsive to
research, survey data, and Head Start administrative and internal data
which collectively demonstrate that more attention must be paid to
educator wellness and well-being. Evidence from the field shows that
early childhood educators' mental and physical health and well-being
are often neglected or overlooked. One survey administered during the
COVID-19 pandemic found that teachers ranked ``more daily breaks and
paid leave'' in the top five items needed to support their well-
being.\136\ Other research prior to the pandemic in a national sample
and one in Oklahoma
[[Page 80839]]
found that teachers rated breaks as fifth and second, respectively, as
needs for their workplaces.\137\ ACF's proposed requirements in this
section are intended to be responsive to these research findings and
support Head Start staff well-being by ensuring they have access to
regular, scheduled breaks, and to brief unscheduled breaks, which may
be useful stress management strategies in infrequent circumstances when
a teacher is feeling overwhelmed. Additionally, these proposed
standards will strengthen supports for Head Start early educators
during the on-going post-pandemic and long-term recovery of the
workforce.
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\136\ Kwon, K., Ford, T., Tsotsoros, J., Randall, K., Malek-
Lasater, A., & Kim, S. (2022). Challenges in working conditions and
well-being of early childhood teachers by teaching modality during
the COVID-19 pandemic. International Journal of Environmental
Research and Public Health, 19, 4919.
\137\ Kwon, K., Ford, T., Randall, K., Castle, S. (2021). Head
Start Teacher Paradox: Working conditions, well-being, and classroom
quality. The Happy Teacher Project: Johns Hopkins University and
Oklahoma State University.
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We seek public comment on how any of the proposed staff wellness
requirements in this section may impact various communities. We
specifically request public comment from the special populations served
by Head Start, including AIAN and MSHS programs and communities.
Workforce Supports: Employee Engagement (Sec. 1302.92, Sec. 1302.101)
Section 1302.101(a)(2) requires programs to implement a management
system that provides regular and ongoing staff supervision to support
individual professional development and continuous program quality
improvement. Disengaged staff are not as emotionally committed to or
proud of their work or organization, are less motivated, and are more
eager to leave.\138\ Disengagement negatively affects the well-being of
staff, the quality of their work, and the attitudes held toward
children.\139\ Meaningful and effective employee engagement practices
that promote clear roles and responsibilities are needed to improve the
well-being of the workforce by helping identify and address job-related
stress, burnout, and workload issues. These practices also empower the
workforce, build respect in the workplace, and improve staff retention
and overall job satisfaction. As such, we propose to revise this
requirement to discourage staff supervision approaches that are
primarily top-down by requiring programs to promote clear and
reasonable roles and responsibilities for all staff with meaningful and
effective employee engagement practices as part of their systematic
approach to staff supervision. The changes proposed in this section are
intended to be scaled to the size of the Head Start organization and
are not anticipated to incur a large cost.
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\138\ Gallup, I. State of the global workplace report.
<a href="http://Gallup.com">Gallup.com</a>. <a href="https://www.gallup.com/workplace/349484/state-of-the-global-workplace-2022-report.aspx">https://www.gallup.com/workplace/349484/state-of-the-global-workplace-2022-report.aspx</a>.
\139\ Jennings, P.A., & Greenberg, M.T. (2009). The Prosocial
Classroom: Teacher Social and Emotional Competence in Relation to
Student and Classroom Outcomes. Review of Educational Research,
79(1), 491-525. <a href="https://doi.org/10.3102/0034654308325693">https://doi.org/10.3102/0034654308325693</a>.
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Specifically, in Sec. 1302.101(a)(2) we propose to strike
``Provides regular and ongoing supervision to support individual staff
professional development and continuous program improvement'' and
replace it with ``Promotes clear and reasonable roles and
responsibilities for all staff and provides regular and ongoing staff
supervision with meaningful and effective employee engagement
practices.''
Meaningful and effective employee engagement practices will vary
among programs, but examples include discussions of explicit and
implicit expectations, recognition for high-quality work, open
communication between management and staff, conducting and responding
to workplace climate surveys, responding to feedback, working in
partnership with staff to identify and ameliorate any barriers to high-
quality job performance that may exist including workload issues,
formal and informal opportunities for discussions related to job
satisfaction and performance, and having employee engagement inform
professional development opportunities for staff. In general, these
practices should aim to understand the expectations imposed on staff,
identify and address barriers staff are experiencing in being able to
fulfill their roles and responsibilities (e.g., filling multiple roles,
job-related stressors impacting job performance, unclear roles and
responsibilities), and recognize high-quality work.
We also propose two revisions to Sec. 1302.92(b), which requires
programs to implement a systematic approach to staff training and
professional development, in order to integrate meaningful and
effective employee engagement practices and professional development.
First, in Sec. 1302.92(b) we propose to add the phrase ``and
integrated with employee engagement practices in accordance with Sec.
1302.101(a)(2).'' This revision builds on the proposed revision to
Sec. 1302.101(a)(2) and is intended to ensure programs implement an
approach to staff training and professional development that is
designed to be informed by input from staff, identified barriers to job
performance, and other employee engagement practices. Training and
professional development opportunities are more effective in
transferring to practice when staff are opting into the training and
receive support from their supervisor in the process.\140\
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\140\ Salamon, J., Blume D., Orosz G., Nagy T. (2021). The
interplay between the level of voluntary participation and
supervisor support on trainee motivation and transfer. Human
Resource Development Quarterly Volume 32, Issue 4, pages 459-481.
<a href="https://doi.org/10.1002/hrdq.21428">https://doi.org/10.1002/hrdq.21428</a>.
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Second, we propose a change to Sec. 1302.92(b)(1). Currently,
Sec. 1302.92(b)(1) requires that staff receive a minimum of 15 clock
hours of professional development per year. For teaching staff, this
professional development must meet the requirements described in
section 648A(a)(5) of the Act, which specifies that the professional
development must be high-quality, sustained, intensive, and classroom-
focused in order to have a lasting positive impact on classroom
instruction and teacher performance. The program must also regularly
evaluate the professional development for effectiveness. Section
648A(f) of the Act requires programs to create, in consultation with an
employee, a professional development plan for all full-time Head Start
employees who provide direct services to children and requires that
such plans are regularly evaluated for their impact on teacher and
staff effectiveness. The agency and staff shall implement the plan to
the extent feasible and practicable. Section 648A(f) of the Act has
been implemented in practice through technical assistance and
monitoring, but it has not been explicitly codified in the HSPPS. We
propose to add new language to Sec. 1302.92(b)(1) that codifies the
requirement in section 648A(f) of the Act for the creation of
individual professional development plans. This proposed change is
anticipated to be cost neutral and is not a policy change or a new or
modified requirement, since programs have always been held to this
statutory requirement in practice. Further, programs are currently able
to use their professional development and training and technical
assistance funds to help staff earn their credentials and degrees.
We believe this proposed change is an important clarification as
data from OHS monitoring findings show that programs are being cited
for lacking professional development plans for their education staff.
Indeed, analysis of internal data from fiscal year 2020-2022 reveals a
top cited monitoring finding in OHS oversight reviews of programs was
related to lack of appropriate
[[Page 80840]]
professional development plans for staff.\141\ Additionally, as
described previously, since the onset of the 2020 COVID-19 pandemic,
many Head Start programs have had turnover in leadership and have
suffered from on-going staffing shortages and vacancies in staff
positions. The proposed addition to Sec. 1302.92(b)(1) will remind new
program leaders of this important requirement for their program staff
to support the professional development of their workforce. It can also
help improve staff retention by leveraging an existing requirement
intended to support staff growth and professional development.
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\141\ Data from narrative responses from monitoring reviews from
fiscal years 2020-2022.
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Mental Health Services (Subpart D; Subpart H; Subpart I)
Currently, programmatic requirements related to mental health
appear in several areas of the standards, including Sec. 1302 Subpart
A, Subpart D, Subpart H, and Subpart I. In this NPRM, we propose
several changes to these sections of the HSPPS to enhance and clarify
the importance of mental health services for Head Start children,
families, and staff. Mental health and social-emotional well-being
during early childhood are foundational for family well-being and
children's healthy development and early learning and are associated
with positive long-term outcomes.\142\
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\142\ <a href="https://www.acf.hhs.gov/ecd/policy-guidance/dear-colleague-social-emotional-development-and-mental-health">https://www.acf.hhs.gov/ecd/policy-guidance/dear-colleague-social-emotional-development-and-mental-health</a>.
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We know that social-emotional difficulties impact up to 20 percent
of children under the age of 5, and that over half of mental health
disorders begin before age 14.\143\ We also know that children and
families experiencing poverty are more likely to encounter stressors
linked to mental health challenges as well as experience barriers to
accessing mental health services. Research findings specifically
indicate that children and families living in high-poverty
neighborhoods exhibit worse mental health outcomes compared to
individuals living in low-poverty neighborhoods.\144\ Therefore, a
focus on social determinants of health, or the conditions in which
individuals live, work and play, can lead to better mental health
outcomes and prevent future mental illness.\145\ Head Start programs
are well positioned to support children and families experiencing
poverty by strengthening the focus on mental health in the settings
where children spend most of their day and where families are provided
the services that they need to help their children succeed in school
and in life.
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\143\ National Research Council and Institute of Medicine
Committee. Preventing mental, emotional, and behavioral disorders
among young people: progress and possibilities. Washington, DC:
National Academies Press; 2009.
Brauner, C.B., & Stephens, C.B. (2006). Estimating the
prevalence of early childhood serious emotional/behavioral
disorders: Challenges and recommendations. Public health reports,
121(3), 303-310.
\144\ Leventhal, T., & Brooks-Gunn, J. (2003). Moving to
Opportunity: an Experimental Study of Neighborhood Effects on Mental
Health. American Journal of Public Health 93(9). 1576-1582. doi:
10.2105/ajph.93.9.1576.
\145\ <a href="https://www.nami.org/Blogs/NAMI-Blog/August-2020/Ways-We-Can-Address-the-Social-Determinants-of-Mental-Health">https://www.nami.org/Blogs/NAMI-Blog/August-2020/Ways-We-Can-Address-the-Social-Determinants-of-Mental-Health</a>.
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In addition to children, the impact of poor adult mental health has
also garnered national attention, including the importance of
addressing mental health for the ECE workforce.\146\ In 2021, 57.8
million adults (22.8 percent) were affected by mental illness and 46.3
million (16.5 percent) of people aged 12 and older had a substance use
disorder.\147\ We know that mental health of young children is
intertwined with the mental health of the adults that care for them. We
also know that early childhood experiences, like trusting relationships
with caregivers in a stable, nurturing environment, aid in the
development of skills that build resilience. Head Start is in a unique
position to provide these experiences and extend them to the home
environment. Fostering a child's relationship with adults in their life
and providing them with the best environment to grow requires an
intentional focus on both child and adult well-being. Head Start
strives to do both.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.