Notice2024-05573
Request for Information: Office of Head Start Tribal Programs
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
March 18, 2024
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
Prioritizing and directing resources to American Indian and Alaskan Native (AI/AN) programs to implement, expand, and/or enhance their Head Start services to tribal children and families is critical for meeting federal trust responsibility; preserving, and promoting Native language, culture, and traditions; and addressing the impact of historical trauma on Native Americans. As part of the Administration for Children and Families' (ACF) commitment to partnering with tribal nations to provide high-quality Head Start programming, in addition to regular tribal consultations, the Office of Head Start (OHS) invites public comment on the rules, regulations, and available training and technical assistance (TTA) supports impacting the AI/AN Head Start community. This Request for Information (RFI) seeks input on topics including eligibility; program options; quality environments; child health and safety; tribal language preservation, maintenance, revitalization, and restoration; family and community engagement; workforce; training and technical assistance; partnerships with state systems; facilities; fiscal operations; early childhood systems; and others, to improve the quality of Head Start services in areas of great need and affirm the federal government's commitment to protect Native communities.
Full Text
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[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19317-19324]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05573]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Request for Information: Office of Head Start Tribal Programs
AGENCY: Administration for Children and Families, U.S. Department of
Health and Human Services.
ACTION: Request for public comment.
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SUMMARY: Prioritizing and directing resources to American Indian and
Alaskan Native (AI/AN) programs to implement, expand, and/or enhance
their Head Start services to tribal children and families is critical
for meeting federal trust responsibility; preserving, and promoting
Native language, culture, and traditions; and addressing the impact of
historical trauma on Native Americans. As part of the Administration
for Children and Families' (ACF) commitment to partnering with tribal
nations to provide high-quality Head Start programming, in addition to
regular tribal consultations, the Office of Head Start (OHS) invites
public comment on the rules, regulations, and available training and
technical assistance (TTA) supports impacting the AI/AN Head Start
community. This Request for Information (RFI) seeks input on topics
including eligibility; program options; quality environments; child
health and safety; tribal language preservation, maintenance,
revitalization, and restoration; family and community engagement;
workforce; training and technical assistance; partnerships with state
systems; facilities; fiscal operations; early childhood systems; and
others, to improve the quality of Head Start services in areas of great
need and affirm the federal government's commitment to protect Native
communities.
DATES: To be considered, public comments must be received
electronically no later than September 16, 2024.
ADDRESSES: Submit questions, comments, and supplementary documents to
<a href="/cdn-cgi/l/email-protection#5f1e161e11173a3e3b0c2b3e2d2b1f3e3c397137372c71383029"><span class="__cf_email__" data-cfemail="b2f3fbf3fcfad7d3d6e1c6d3c0c6f2d3d1d49cdadac19cd5ddc4">[email protected]</span></a> with ``OHS Tribal RFI'' in the subject line.
All submissions received must include the Federal Register document
number, 2024-05573, for ``Request for Information: OHS Tribal
Nations''. All comments received are a part of the public record and
will be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a>,without change. That means all personal identifying
information (such as name or address) will be publicly accessible.
Please do not submit confidential information or otherwise sensitive or
protected information. We accept anonymous comments. If you wish to
remain anonymous, enter ``N/A'' in the required fields.
SUPPLEMENTARY INFORMATION:
Background
Head Start is a leader in high-quality early childhood education,
supporting children from low-income families in reaching kindergarten
healthy and ready to thrive in school and life. The program was founded
on research showing that health and well-being are pre-requisites to
maximum learning and improved short- and long-term outcomes.
The Head Start program was most recently reauthorized in 2007 (Pub.
L. 110-134 ``Improving Head Start for School Readiness Act of 2007,''
also known as, ``the Head Start Act''). The Head Start Program
Performance Standards (HSPPS), the regulations governing Head Start
programs, were originally published in 1975 and revised in 2016 to
incorporate findings from scientific research and reflect best
practices and lessons learned from program innovation. Most recently,
OHS released a Notice of Proposed Rulemaking (NPRM) titled, Supporting
the Head Start Workforce and Consistent Quality Programming, which
proposes new requirements to the HSPPS to support and stabilize the
Head Start workforce and enhances existing requirements for consistent
quality of services across programs. Currently, a final rule on the
NPRM is forthcoming. Please note, comments from tribal stakeholders
previously received on the NPRM are distinct from those we are
soliciting on this RFI.
[[Page 19318]]
Through this RFI, OHS is seeking comments that identify opportunities
to improve quality and program operations as aligned with the Head
Start Act.
The Head Start program promotes school readiness by providing
preschool and early education programs alongside comprehensive health,
education, nutrition, socialization, and other developmental services
for children from birth to age 5, pregnant women, and their families.
Region XI programs are funded by OHS to federally recognized AI/AN
tribes or consortia of tribes. In fiscal year 2022, a total of 154 AI/
AN grant recipients were funded by OHS. These AI/AN grant recipients
were funded to serve 21,871 enrollees, of which 16,627 (76 percent)
were preschool-age children (ages 3 to 5 years) served in Head Start
programs and 5,244 (24 percent) were infants, toddlers, and pregnant
women served in Early Head Start programs. AI/AN funded enrollment
accounted for 2.6 percent of the total funded enrollment in Head Start
and Early Head Start.
AI/AN Head Start programs are unique because they help fulfill the
federal government's trust and responsibility to protect the interests
of tribal nations and communities. The Head Start Act preserves and
reinforces the federal government's commitment to work with tribal
nations on a government-to-government basis. Specifically, OHS convenes
tribal consultation sessions as required by section 640(l)(4) of the
Head Start Act and in conformity with the Department of Health and
Human Services (HHS) Tribal Consultation Policy.
With this RFI, OHS seeks public comment on whether existing OHS
requirements, regulations, and TTA supports for AI/AN Head Start
programs, (1) are appropriate for tribal nations to implement in a
manner that best meets the needs of the children, families, and
programs in their communities, and (2) properly recognize the
principles of strong government-to-government relationships and tribal
sovereignty. OHS seeks feedback on whether changes to procedures,
processes, and TTA materials are needed to improve implementation of
AI/AN Head Start programs.
We recognize that any changes made to tribal regulations or other
requirements must be made with input and consultation from tribal
nations and organizations that receive OHS funding. This RFI is being
issued with ACF's Principles for Working with Federally Recognized
Tribes in mind, including the promotion and sustainability of strong
government-to-government relationships, tribal sovereignty, and
transparency in ACF's actions as public servants.
Invitation to Comment: HHS invites comments regarding this notice.
You do not need to address every question and should focus on those
where you have relevant expertise or experience. In your response,
please provide a brief description of yourself and your role or
organization before addressing the questions. To ensure that your
comments are clearly stated, please identify the questions you are
responding to when submitting your response.
Collection of Information
In accordance with the implementing regulations of the Paperwork
Reduction Act of 1995 (PRA), specifically 5 CFR 1320.3(h)(4), this
general solicitation is exempt from the PRA. Facts or opinions
submitted in response to general solicitations of comments from the
public, published in the Federal Register or other publications,
regardless of the form or format thereof, provided that no person is
required to supply specific information pertaining to the commenter,
other than that necessary for self-identification, as a condition of
the agency's full consideration, are not generally considered
information collections and therefore not subject to the PRA.
Respondents are encouraged to provide complete but concise
responses. This RFI is issued solely for information and planning
purposes; it does not constitute a Request for Proposal (RFP),
applications, proposal abstracts, or quotations. This RFI does not
commit the U.S. Government to contract for any supplies or services or
make a grant award. Further, ACF is not seeking proposals through this
RFI and will not accept unsolicited proposals. Responders are advised
that the U.S. Government will not pay for any information or
administrative costs incurred in response to this RFI; all costs
associated with responding to this RFI will be solely at the interested
party's expense. Not responding to this RFI does not preclude
participation in any future procurement, if conducted. It is the
responsibility of the potential responders to monitor this RFI
announcement for additional information pertaining to this request.
Please note that ACF will not respond to questions about the policy
issues raised in this RFI. ACF may or may not choose to contact
individual responders. Such communications would only serve to further
clarify written responses. Contractor support personnel may be used to
review RFI responses. Responses to this notice are not offers and
cannot be accepted by the U.S. Government to form a binding contract or
issue a grant. Information obtained as a result of this RFI may be used
by the U.S. Government for program planning on a non-attribution basis.
Respondents should not include any information that might be considered
proprietary or confidential. This RFI should not be construed as a
commitment or authorization to incur cost for which reimbursement would
be required or sought. All submissions become U.S. Government property
and will not be returned. ACF may publicly post the comments received,
or a summary thereof.
What We Are Looking for in Public Comments
Through this RFI, OHS is particularly seeking input that provides
specific changes to the AI/AN Head Start programs that improve program
quality and program operations for tribal nations.
This RFI seeks to solicit suggestions and feedback from those
directly impacted by the Head Start program requirements, including but
not limited to, tribal leaders and elders, AI/AN Head Start service
providers and staff, current federal and non-federal TTA providers,
national organizations, researchers, philanthropy, families, and
community members. This RFI is a federal record of comments provided by
tribal communities and can be used in the future to inform changes in
regulation, policy guidance, or delivery of TTA materials.
We ask respondents to address the questions listed below. You do
not need to address every question and should focus on those where you
have relevant expertise or experience. Commenters should identify the
question to which they are responding by indicating the corresponding
letter and/or number(s). We request commenters who identify barriers or
policies to indicate the barrier or policy with as much detail as
possible, as well as the types of program options (e.g., center-based,
family child care, home-based) that are impacted.
A. Eligibility
ACF understands and appreciates the unique challenges that tribal
programs face when determining eligibility for families who are
interested in the program. The current HSPPS (Section 1302.12) and the
Head Start Act (Sec. 645. [42 U.S.C. 9840]) describe eligibility
determination rules with specific flexibility given to Indian tribes.
Programs can use a family's income (and the federal poverty
guidelines), homeless or foster care status, or receipt
[[Page 19319]]
of certain public assistance (defined as Temporary Assistance for Needy
Families (TANF), Supplemental Nutrition Assistance Program, or
Supplemental Security Income) as indicators of eligibility.
In May 2023, OHS issued the Information Memorandum (IM), American
Indian and Alaskan Native (AI/AN) Head Start Eligibility Through Tribal
TANF, to support tribal sovereignty and expand public assistance
eligibility to tribal families. Specifically, the IM clarifies to AI/AN
Head Start programs that if families are eligible for benefits and
services funded by tribal TANF, then they also meet categorical
eligibility requirements for Head Start. While the guidance in this IM
does not create new policy, OHS believes prior guidance issued on TANF
eligibility has not explicitly addressed tribal TANF benefits and
services in addition to cash assistance as a means for Head Start
eligibility. The IM also explains that tribal governments have
flexibility in establishing tribal TANF eligibility and because they
administer AI/AN Head Start programs, they are uniquely positioned to
leverage TANF as a means for categorical eligibility under public
assistance.
One specific priority of OHS is to reduce barriers to enrollment of
children and families who are experiencing homelessness, as defined by
the McKinney-Vento Act. This is also prioritized in the Head Start Act
(Sec. 640. [42 U.S.C. 9835]). Homelessness is defined by the McKinney-
Vento Act as: individuals who lack a fixed, regular, and adequate
nighttime residence; and includes:--
i. children and youths who are sharing the housing of other persons
due to loss of housing, economic hardship, or a similar reason; are
living in motels, hotels, trailer parks, or camping grounds due to the
lack of alternative adequate accommodations; are living in emergency or
transitional shelters; or are abandoned in hospitals;
ii. children and youths who have a primary nighttime residence that
is a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings (within the meaning of
section 1103(a)(2)(C) of the McKinney-Vento Act);
iii. children and youths who are living in cars, parks, public
spaces, abandoned buildings, substandard housing, bus or train
stations, or similar settings; and
iv. migratory children (as such term is defined in section 1309 of
the Elementary and Secondary Education Act of 1965) who qualify as
homeless for the purposes of this subtitle because the children are
living in circumstances described in clauses (i) through (iii).\1\
ACF understands that the term ``homeless'' can be challenging for
many AI/AN Head Start programs to implement. Several programs have
adopted alternative nomenclature to adapt to their cultural norms
(e.g., kinship care, Indigenous mobility), and ACF welcomes these
efforts.
Tribal programs have additional flexibilities to fill more than 10
percent of their enrollment with participants who do not meet the
eligibility criteria in Section 1302.12(c) of the HSPPS, provided that
the program can demonstrate it has served all eligible individuals in
the service area, serves at least 51 percent under one of the
eligibility criteria, and that the program has the capacity to serve
additional individuals. ACF has heard consistently from tribal leaders
and program administrators that the current eligibility requirements in
statute and regulation do not provide sufficient flexibility to tribes
to determine who may receive Head Start services and that this lack of
flexibility is counter to tribal sovereignty and cultural values.
Request for Information
What are your thoughts on eligibility requirements, regulations,
and TTA supports for AI/AN Head Start programs as outlined above? See
below for more specific prompts to target feedback on eligibility
processes, public assistance, and enrolling children and families
experiencing homelessness.
A.1 Eligibility Processes
OHS seeks input on how the eligibility requirements and processes
work for tribal programs, and if there are any changes that could be
made to better support the implementation of these regulations,
acknowledging that most eligibility criteria are defined in statute.
Specifically, OHS would like to understand how tribes verify
eligibility and what culturally appropriate practices programs use to
determine eligibility and if any improvements could be made to TTA
around defining and verifying eligibility. Additionally, should there
be a change in statute, OHS solicits suggestions and recommendations
about how OHS can support implementation.
A.2 Public Assistance
We request input on the implementation of public assistance as a
means for eligibility and if any additional changes would enable a more
fair and equitable process for all tribal programs. Specifically, we
request input on the guidance issued in the tribal TANF IM to
understand if it has provided utility in addressing some of the
challenges associated with eligibility limitations. Additionally, we
request information on any other resources or information that would be
helpful to ensure that AI/AN recipients can utilize this pathway to
eligibility.
A.3 Enrolling Children and Families Experiencing Homelessness
OHS would like tribal Head Start programs to comment on how they
are implementing and prioritizing enrollment of children and families
who are experiencing homelessness, kinship care, or Indigenous
mobility. OHS seeks insights into the challenges and barriers to
enrolling children who are experiencing homelessness.
B. Program Options
Current OHS regulations provide flexibility to programs to design a
program structure that works for the community they are serving whether
that is through center-based, home-based, family child care, or an
approved locally designed option (LDO). OHS is aware that unique
cultural practices are often imbedded into AI/AN Head Start program
design, making LDOs particularly useful for some tribal communities.
Regardless of the program option, programs must deliver a range of
comprehensive services and design a program calendar that aligns with
community needs. Programs may convert slots from Head Start to Early
Head Start through re-funding applications and change in scope
applications, and AI/AN programs that operate both Head Start and Early
Head Start may reallocate funding between the programs at their
discretion and at any time during the grant period in order to address
fluctuations in client populations. Programs that use this discretion
must notify the regional office.
Request for Information
What are your thoughts on the program option requirements,
regulations, and TTA supports for AI/AN Head Start programs as outlined
above? See below for more specific prompts to target feedback on
program options and waivers.
B.1 Program Options
OHS seeks input on how these program options are working in tribal
communities. As such, OHS specifically requests comment on successful
LDOs or program design choices that are being utilized to meet the
needs of tribal children, families, and staff. OHS seeks
[[Page 19320]]
comment on how technical assistance around program design can be
improved for tribal programs and opportunities to improve the process
for approval of LDOs and change in scope applications.
B.2 Waivers
All Head Start programs are eligible to request certain waivers
related to group size, ratios, and service duration. OHS would like
input on the value of the currently available waivers as well as input
on any other culturally inclusive practices related to program design
that would help to meet tribal needs. OHS seeks comment on how the
waiver submission and approval process can be improved for tribal
programs.
C. Quality Environments
Section 1302.31 of the HSPPS discusses the teaching and learning
environment. This section of the standards includes requirements for
educators to implement well-organized learning environments that
include indoor and outdoor experiences. While the regulations do not
require a particular curriculum, Section 1302.32 of the HSPPS does
require programs to implement developmentally appropriate, research-
based early childhood curricula that are based on scientifically valid
research and aligned with the Head Start Early Learning Outcomes
Framework (ELOF). The ELOF is designed to allow early childhood
programs to connect their community's traditional cultural skills,
values, beliefs, language, and lifeways with the ELOF domains or state
and tribal early learning guidelines. The HSPPS require that curricula
have an organized developmental scope and sequence that include plans
and materials for developmentally appropriate learning experiences. A
program may choose to make significant adaptations to a curriculum to
better meet the needs of a specific population, however the program
must assess whether the adaptation adequately facilitates progress
toward meeting school readiness goals. These specifications are also
reflected in the Head Start Act, Sec. 642 [42 U.S.C. 9837]. OHS has
heard from tribal leaders and program administrators that the
requirements for a research-based curriculum inhibit them from
implementing truly culturally grounded curricula, even with the
allowances for significant adaptation.
Section 1302.21 of the HSPPS also specifies square footage
requirements for center-based programs. Specifically, Section
1302.21(d)(2) requires that center-based programs have ``At least 35
square feet of usable indoor space per child available for the care and
use of children (exclusive of bathrooms, halls, kitchen, staff rooms,
and storage places) and at least 75 square feet of usable outdoor play
space per child.''
Request for Information
What are your thoughts on the quality environment requirements,
regulations, and TTA supports for AI/AN Head Start programs as outlined
above? See below for more specific prompts to target feedback on the
ELOF, curriculum, and indoor and outdoor spaces.
C.1 ELOF
OHS recognizes that integrating traditional tribal teachings and
culture are critically important for tribal language maintenance,
revitalization, and restoration, as well as for the impact they can
have on healing generational trauma. OHS seeks input on whether the
current ELOF is appropriate for AI/AN grant recipients and specific
elements that are missing or not appropriate for tribes. OHS seeks
input on how AI/AN Head Start programs implement the ELOF and how it
fits, or does not fit, cultural practices and lifeways of tribal
communities.
C.2 Curriculum
OHS seeks input on how the requirements around curricula adequately
reflect Indigenous culture and language. While the HSPPS allow for some
flexibility in designing a curriculum that is aligned with the ELOF,
OHS seeks comment on any additional improvements that could be made and
how our training materials can better support tribes to implement the
flexibilities that exist and the options that programs have.
C.3 Indoor and Outdoor Space
OHS seeks input on the current regulations around indoor and
outdoor space, square footage requirements, and whether these
requirements have created cultural barriers or challenges for tribal
communities and AI/AN programs. We are interested to know if there are
ways that OHS can improve or enhance this standard and any policy
guidance or technical assistance that would be beneficial for programs
when designing their programs' spaces.
D. Child Health and Safety
As part of Head Start's comprehensive services, every Head Start
and Early Head Start program provides services to promote health,
behavioral health, and safety for children and families. To support
healthy environments, section 1302.40(b)of the HSPPS requires each
program to establish and maintain a Health Services Advisory Committee
(HSAC), an advisory group usually composed of local health
professionals who represent a wide variety of local health and social
services agencies to support children's healthy development. The HSAC
may include pediatricians, nurses, nurse practitioners, dentists,
dental hygienist, nutritionists, and mental health professionals, and
often includes Head Start parents and staff. OHS understands that
tribal programs have challenges creating these HSACs as most of our
tribal programs are in rural and remote areas and those local health
providers who should represent a wide variety of local social services
agencies are not available or easily accessible in their communities.
Request for Information
What are your thoughts on the child health and safety requirements,
regulations, and TTA supports for AI/AN Head Start programs as outlined
above? See below for more specific prompts to target feedback on child
health and safety.
D. Child Health and Safety
OHS seeks input on barriers to developing and maintaining HSACs, if
any, within AI/AN Head Start programs. In addition, we seek input on
whether OHS coordinating with Indian Health Service (IHS) would be a
helpful way to address some of the challenges with developing and
maintaining HSACs. Lastly, OHS welcomes any additional feedback on how
our training materials can better support tribes to maintain healthy
and safe AI/AN Head Start programs.
E. Tribal Language Preservation, Maintenance, Revitalization, and
Restoration
OHS values and respects Native language preservation, maintenance,
revitalization, and restoration, and recognizes the impact of
historical trauma and other community traumas, such as exposure to
violence, grief, and loss. Traumatic events, such as forced relocation,
genocide, and the abduction of youth to more than 350 government-funded
boarding schools have caused lasting impacts on Native American
communities.
OHS understands that tribal teaching methods for non-written
language are different from written language and can be especially
beneficial for young children who are not yet writing. As such, the
role of elders in AI/AN programs is particularly important for tribal
culture and language preservation and revitalization. Tribal early
[[Page 19321]]
childhood needs have only been exacerbated as Native communities have
been particularly hit hard by the COVID-19 pandemic, causing a
significant loss of elders that is profoundly painful given their
wisdom and status as cultural knowledge and language keepers.
In Section 1302.31 of the HSPPS, programs are required to recognize
bilingualism and biliteracy as strengths and implement research-based
teaching practices that support dual language learners' development.
For dual language learners, regulations require that programs must
support the language spoken at home and English language acquisition
for infants, toddlers, and preschoolers. Regulations also require
programs to support children's native language even when staff do not
speak the home language of all children.
Section 1302.36 of the HSPPS outlines the tribal language
preservation and revitalization section. This section allows programs
that serve AI/AN children to integrate efforts to preserve, revitalize,
restore, or maintain the tribal language for those children. Such
language preservation efforts may include full immersion in the tribal
language for the majority of hours in the classroom. Per this section,
exposure to English in the Head Start program is not required if the
child's home language is English and if the program wishes to fully
utilize the Native language in the program.
Request for Information
What are your thoughts on tribal language preservation,
maintenance, revitalization, and restoration requirements, regulations,
and TTA supports for AI/AN Head Start programs as outlined above? See
below for more specific prompts to target feedback on language
preservation, maintenance, revitalization, and restoration.
E. Language Preservation, Maintenance, Revitalization, and Restoration
OHS seeks input on how HSPSS can best support tribes in integrating
cultural and native languages, as well as any standards that are
impediments to integrating Native culture and language. OHS is
specifically interested in how the office can better support programs
implementing language preservation and revitalization practices, and
whether this section of the HSPPS should be updated or amended. OHS
seeks input on how program regulations and policies can improve how
tribal elders and other community members participate in and contribute
to language preservation efforts and how this information could be used
to inform policy guidance, technical assistance, and training
materials. OHS also understands that some programs have been
particularly creative with utilizing existing flexibilities to improve
tribal language and culture preservation efforts, integrating
traditional ways in the classroom such as harvesting, carving, fishing,
dancing, singing, and drumming. OHS requests comments on best practices
or supports needed for programs that are looking to increase language
and cultural integration into programming.
F. Family and Community Engagement
OHS recognizes the historical trauma that tribes have faced, and
the recent disproportional trauma experienced by tribes from the COVID-
19 pandemic, which has resulted in tremendous losses. Because of this,
family engagement is more important now than ever before. Family
engagement and involvement is the cornerstone of the Head Start model,
as demonstrated in several sections of the Head Start Act and the
HSPPS. Section 1302 Subpart E of the HSPPS outlines requirements for
Family and Community Engagement Program Services that programs must
follow. In Section 1302.50, programs are required to integrate parent
and family engagement strategies into all systems and program services
to support family well-being and promote children's learning and
development. Programs are encouraged to develop multi-generational
approaches that address prevalent needs of families. Family engagement
may look different in tribal communities than other communities, given
the prevalence of multi-generational families and a more communal
approach to raising and caring for children. AI/AN programs may be
utilizing tailored family engagement approaches to effectively engage
extended family and community members in addition to parents.
Many AI/AN programs are working hard to integrate families into
their programs. For example, some AI/AN programs incorporate families
into their classrooms as part of summer programming or cultural camp
experiences. In fact, the most recent 2022 Program Information Report
data show that 45 percent of staff in AI/AN programs are current or
former parents. This shows that AI/AN programs are incorporating
families into their programming and cultivating strong partnerships
that lead to parental employment.
Request for Information
What are your thoughts on the family and community engagement
requirements, regulations, and TTA supports for AI/AN Head Start
programs as outlined above? See below for more specific prompts to
target feedback on family and community engagement.
F. Family and Community Engagement
There are many ways that programs can choose to integrate families
and communities into their programming. OHS would like to understand
the barriers that programs face when engaging with parents and
families, and whether the HSPPS are clear and culturally appropriate
when explaining the expectations with respect to family engagement.
Additionally, OHS would like to understand how TTA can be improved in
this area. OHS seeks comment on any improvements that could be made in
the training materials and resources that are provided to tribal
programs.
G. Investing in the Workforce
Retention, Recruitment, Compensation, and Benefits
Like many early childhood programs, Head Start--including AI/AN
Head Start programs--report difficulty recruiting and retaining staff.
Last year, OHS issued guidance encouraging grant recipients to
sustainably increase wages and benefits, and invited grant recipients
to restructure their budget to accommodate such increases that
sometimes includes a change in scope proposal to reduce the number of
slots available. Most recently, OHS has released an NPRM with new
proposed requirements to support and stabilize the Head Start workforce
including proposed requirements for wages and benefits, and enhanced
supports for staff health and wellness. Many programs are taking bold
steps to address this workforce crisis. From providing financial
incentives to offering additional supports to staff, some programs have
found creative ways to maintain, foster, and grow their own workforce
to support their programs.
Teacher Qualifications
Teacher qualifications in Head Start are set in the Head Start Act
and then reflected through regulation in the HSPPS. Broadly, current
teacher qualifications outline different requirements for lead
teachers, assistant teachers, family child care providers, and Early
Head Start teachers (Section 1302.91 of the HSPPS). For example, lead
teachers in a Head Start center-based program must have at least an
[[Page 19322]]
associate or bachelor's degree in child development or early childhood
education, equivalent coursework or otherwise meet the alternative
credentialing requirements in section 648A(a)(3)(B) of the Act (and see
45 CFR 1302.91(e)(2)(ii)). Assistant teachers in Head Start must have,
at a minimum, a Child Development Associate (CDA) credential or a
state-awarded certificate that meets or exceeds the requirement for a
CDA credential, or are enrolled in a program that will lead to an
associate or baccalaureate degree, or are enrolled in a CDA credential
program to be completed within 2 years of the time of hire (45 CFR
1302.91(3)).
OHS provides technical assistance to programs to support their
workforce and teacher education, and provides resources for programs to
use to determine state equivalency. However, OHS understands these
standards can be difficult to meet, especially when considering the
importance of tribal elders and Native language speakers and how these
individuals may not meet teacher qualifications. OHS has heard
consistently from tribal leaders and program administrators that the
current education requirements prevent them from hiring staff,
including elders, who they feel are best suited to pass on their
cultures and languages and prepare their children to be thriving
members of their tribes.
The Tribal Colleges and Universities (TCU) Head Start Partnership
Program was developed to increase the number of qualified education
staff working in AI/AN Head Start programs. Through this unique and
successful partnership, TCUs achieve this goal by (1) building early
childhood education career pathways in AI/AN communities, (2)
addressing the employment needs of AI/AN tribes through a ``Growing Our
Own'' Approach, and (3) meeting the unique needs of individual Native
communities and supporting staff in AI/AN programs to acquire the
competencies that ensure children's academic development while also
supporting cultural identity. By 2028, there will be over 700 tribal
education staff graduating with a certification and/or degree in early
education including CDA, bachelor's degree, and master's degree
programs offered by the TCUs leading institutions.
Request for Information
What are your thoughts on the workforce requirements, regulations,
and TTA supports for AI/AN Head Start programs as outlined above? See
below for more specific prompts to target feedback on retention,
recruitment, compensation and benefits, teacher qualifications, and
training and technical assistance.
G.1. Retention, Recruitment, Compensation, and Benefits
OHS seeks input on how programs have addressed the workforce
shortage, including efforts to increase compensation and benefits, and
what additional flexibilities AI/AN programs would like to see in order
to make additional progress in this area. For example, OHS is
requesting comment on the strategies, funding mechanisms, and
approaches that programs take to recruiting and retaining teaching
staff. Additionally, OHS is requesting comment on compensation and
benefits packages that are being or could be implemented to improve
recruitment and retention.
G.2. Teacher Qualifications
Current regulations and statute are specific about the types of
education that qualify for teachers, assistant teachers, and family
child care providers in Head Start and Early Head Start. Nonetheless,
OHS seeks input on how this regulation could be improved to account for
tribal variations in degree availability.
H. Training and Technical Assistance (TTA) for AIAN Programs
OHS-funded TTA is delivered primarily through four national TTA
centers, each with their own specialty areas: (1) Early Childhood
Development, Teaching, and Learning; (2) Health Behavioral Health and
Safety; (3) Parent, Family, and Community Engagement; and (4) Program
Management and Fiscal Operations. In addition, each Head Start region
has regionally-based TTA providers that provide support to all programs
in the region free of charge. Region XI, the region for all AI/AN Head
Start programs, works collaboratively with their TTA providers to
assist programs based on specific priority areas that are co-developed
with AI/AN directors. TTA providers come on-site to programs to provide
group training and technical assistance opportunities. This
collaboration helps shape the direction of TTA that is provided in any
given year. Additionally, each Head Start program has access to funding
to use on their own TTA efforts. Programs can use these funds to
support their own needs that align with their priorities outlined in
their grant application.
Request for Information
What are your thoughts on TTA supports for AI/AN Head Start
programs as outlined above? See below for more specific prompts to
target feedback on TTA materials and resources and TTA funding for
programs.
H.1. TTA Materials and Resources
OHS seeks feedback on whether the TTA that is designed for AI/AN
programs is helpful for making programmatic decisions and crafting
program policies that improve the quality of the programs. OHS would
like input on the network of TTA resources, training, and materials.
OHS seeks feedback on whether existing TTA is effective in elevating
the voices of tribal members and their lived experiences in the OHS TTA
network structure. OHS would like to understand if there are any areas
where we can improve and be more culturally responsive and appropriate.
H.2. TTA Funding for Programs
OHS is requesting input on the structure and usage of individual
TTA dollars that programs can use for their own targeted TTA. OHS would
like to understand if more guidance or support on how best to use these
targeted TTA funds is needed for tribal programs.
I. Supporting Partnerships With State Systems
AI/AN programs operate in 26 states that each have their own
policies and relationships with tribal communities. As the needs of
children and families are becoming more complex, OHS is prioritizing
the coordination of Head Start services with state systems and national
programs to strengthen outcomes for children prenatal to age 5 and
their families. OHS utilizes Head Start collaboration offices (HSCO)
across the country to strengthen partnerships with school systems that
lead to the developmentally appropriate alignment of curricula,
assessment, and instruction through Early Head Start and Head Start and
across the early grades of the schools where Head Start children will
enter. Region XI has its own HSCO, the National AI/AN Head Start
Collaboration Office (NAIANHSCO), that works to identify potential
partners for collaboration and communicates the needs of Head Start
children and families. The NAIANHSCO forms alliances to provide
appropriate support to Head Start and Early Head Start programs.
Request for Information
What are your thoughts on supporting partnerships with state
systems through requirements, regulations, and TTA supports for AI/AN
Head Start programs as outlined above? See below for more specific
prompts to target feedback on supporting state systems.
[[Page 19323]]
I. Supporting State Systems
OHS would like input on how AI/AN programs are interfacing with
state systems and national programs and if there is additional support
that OHS can provide. Specifically, OHS requests information on
additional supports OHS can provide at the federal level to support
collaboration between tribes and states, such as tribal collaboration
with Local Education Agencies to provide services for with children
with disabilities. Additionally, OHS requests information on
suggestions to improve information sharing across HSCOs, systems
specialists on the TTA contract, and the regional office.
J. Facilities
AI/AN Head Start grant recipients have reported the need for
facility improvements that include both major and minor renovations as
well as the need for new construction. In 2020, OHS issued a report,
Report to Congress on AIAN Head Start Facilities, which details the
condition of the 155 AI/AN Head Start recipients who provide Head Start
services across 26 states. A web survey was completed for 295 (56
percent) of the 530 AI/AN Head Start facilities in use at the time and
found: 9 percent of facilities were `poor', in need of major
renovations across most areas and could potentially be decommissioned;
27 percent were `fair', with multiple areas needing major or minor
renovation; 33 percent were `average', fully operational but could use
a few minor renovations; 24 percent were `good', fully operational with
regular maintenance schedule; and only 7 percent were `excellent' like
a new facility.
Subpart E of 45 CFR 1303 implements the statutory requirements in
the Head Start Act, Section 644(c), (f), and (g) related to facilities.
It prescribes what a recipient must establish to show it is eligible to
purchase, construct, and renovate facilities and explains how a
recipient may apply for funds; details what measures a recipient must
take to protect federal interest in facilities purchased, constructed,
or renovated with grant funds; and concludes with other administrative
provisions.
In addition to facility improvements, such as minor or major
renovations and construction, Head Start facilities must be maintained
to ensure each child served in Head Start and Early Head Start programs
is properly safeguarded from environmental hazards. As outlined in the
HSPSS in section 1302.47(b)(1)(iii), all facilities where children are
served, including areas for learning, playing, sleeping, toileting, and
eating are, at a minimum free from pollutants, hazards, and toxins that
are accessible to children and could endanger children's safety. Of
specific concern, lead in water and paint are environmental hazards
that can be toxic for developing children and can have adverse effects
on physical and behavioral health. As such, OHS released an Information
Memorandum on addressing lead in water by testing, remediating, and
replacing water service lines following the Environmental Protection
Agency guidelines in Head Start facilities. This IM also provides
information on other federal funding sources that can be leveraged to
eliminate lead in facilities.
Tribal communities have been the recipients of many environmental
injustices, and are disproportionately exposed to environmental
contaminants based on where they live,\2\ \3\ highlighting the need to
mitigate toxins, pollutants, and hazards in Head Start facilities--for
children, families, and staff. Federally recognized tribes are not
subject to state mandates, therefore tribal programs are not required
to be licensed by the state. OHS understands that less than 3 percent
of tribal public water systems have been included in government-
mandated monitoring, which indicates a critical issue with expanding
safety testing. To account for this, IHS provides environmental health
and safety assessments of most tribal grant recipient facilities on an
annual basis. While there are regular assessments, OHS recognizes there
is not a steady source of OHS funds to address all health and safety
improvements and needs identified by IHS.
OHS understands that often there is a lack of alternate facilities
in rural and remote areas, forcing recipients to spend significant
portions of their budget to maintain environmentally safe facilities.
Tribes have asked OHS to create reliable recurring funding
opportunities for renovation or construction of facilities, which could
include funding for technology infrastructure and other improvements
that facilitate high-quality programs.
Currently, both Head Start and Child Care and Development Fund
(CCDF) funds can be used by tribes to construct and/or improve
facilities for early care and education services. The Office of Child
Care and OHS have different application submission, review, and
approval processes, which can be cumbersome and particularly hard to
navigate for tribes that wish to submit an application to use both
sources of funding.
Request for Information
What are your thoughts on facility requirements, regulations, and
TTA supports for AI/AN Head Start programs as outlined above? See below
for more specific prompts to target feedback on facilities.
J. Facilities
OHS understands that facility improvements are critically important
to providing quality environments. While OHS cannot increase funding
opportunities for facilities absent congressional action, OHS would
like input on current regulations, processes, and TTA supports related
to AI/AN Head Start facilities and whether there are any improvements
or changes that could be made to help further meet tribal needs. OHS
also seeks input on how AI/AN Head Start programs are creating healthy
and safe facilities free from toxins, pollutants, and hazards, such as
lead in water and paint, and what barriers they encounter, if any, to
safeguarding children. OHS recognizes that Head Start facilities are
often designed to integrate culturally relevant modalities, imagery,
and features that facilitate the preservation of traditions and culture
and invites comment on best practices in this area. Additionally, OHS
invites comment on specific challenges or barriers recipients have
experienced with facility funding requirements, including the major
renovation (also known as the 1303) application and approval process.
We also specifically seek input on barriers to building a facility that
will serve more than the Head Start program, such as facilities jointly
funded by Head Start and CCDF.
K. Fiscal Operations and Management
Part 1303, Financial and Administrative Requirements, establishes
regulations applicable to program administration and grants management
for all grants under the Head Start Act. Some of these requirements
include the 15 percent administrative cost limitation and the 20
percent non-federal match requirement.
Costs to develop and administer a program cannot be excessive or
exceed 15 percent of the total approved program costs (Sec. 644(b)(2)
of the Act). OHS understands that some tribes would like to remove the
15 percent administrative cost, as required in statute. While OHS does
not have the authority to automatically waive the administrative cost
cap requirement for tribes (which includes both federal costs and non-
federal match), OHS wants to
[[Page 19324]]
remind tribes that they can request a waiver if (1) a delay or
disruption to program services is caused by circumstances beyond the
agency's control, or, (2) if an agency is unable to administer the
program within the 15 percent limitation and if the agency can
demonstrate efforts to reduce its development and administrative costs
(1303.5 (b)(1) of HSPPS). If at any time within the grant funding
cycle, a tribe estimates development and administration costs will
exceed 15 percent of total approved costs, they must submit a waiver
request to the responsible HHS official that explains why costs exceed
the limit, that indicates the time period the waiver will cover, and
that describes what the grantee will do to reduce its development and
administrative costs to comply with the 15 percent limit after the
waiver period (1303.5 (b)(2) of HSPPS).
In accordance with Section 640(b) of the Act, federal financial
assistance to a grantee will not exceed 80 percent of the approved
total program costs. A grantee must contribute 20 percent as non-
federal match each budget period. OHS also understands that some tribes
are requesting to remove the non-federal share match requirement. While
OHS does not have the authority to institute automatic waivers for the
non-federal share requirement for tribes, OHS reminds tribes that if an
AI/AN program has been actively seeking non-federal match but is
struggling to meet its requirement, it can apply to its regional office
for a waiver. The following circumstances covered in the Head Start Act
are considered when approving waivers:
<bullet> Lack of community resources that prevent a Head Start or
Early Head Start program from providing all or a portion of the
required match
<bullet> Impact of the cost the program may incur as it starts a
new program in its initial years of operation
<bullet> Impact of an unanticipated increase in costs the program
may incur
<bullet> Impact of a major disaster in a community that prevents
the program from meeting its match
<bullet> Impact on the community that would result if the Head
Start or Early Head Start program ceased to operate
The responsible HHS official may approve a waiver of all or a
portion of the non-federal match requirement on the basis of the
grantee's written application submitted for the budget period and any
supporting evidence included.
Request for Information
What are your thoughts on fiscal operations and management
requirements, regulations, and TTA supports for AI/AN Head Start
programs as outlined above? See below for more specific prompts to
target feedback on fiscal operations.
K. Fiscal Operations
OHS invites comment on specific challenges or barriers recipients
have experienced with these fiscal requirements, and others not listed,
as well as any opportunities we can improve to better support tribes in
fiscal management and oversight.
L. Early Childhood Systems
Tribal early childhood development programs that serve young
children and their families, including Head Start, CCDF, and tribal
Maternal, Infant, and Early Childhood Home Visiting (MIECHV), have
separate funding sources, standards, regulations, and governance
structures. Some tribes have shared that they have encountered
challenges in collaborating across programs to develop a comprehensive
birth to 5 approach to early care and education, while others have had
success with collaboration and early childhood systems building.
ACF has engaged in efforts to support more coordinated and
integrated tribal early childhood programs and systems, including the
Tribal Early Learning Initiative (TELI). TELI is a partnership between
ACF and tribes to better coordinate tribal early learning programs,
create seamless systems for high-quality early childhood, raise the
quality of services, and identify and break down barriers to
collaboration and system improvement.
Request for Information
What are your thoughts on the early childhood systems requirements,
regulations, and TTA supports for AI/AN Head Start programs as outlined
above? See below for more specific prompts to target feedback on early
childhood systems.
L. Early Childhood Systems
OHS understands that AI/AN Head Start programs have experienced
both successes and barriers to collaboration with other early childhood
system partners, including child care, home visiting, and other
programs serving young children and their families. We welcome input
regarding the provisions of the HSPPS that inhibit or promote
collaboration to establishing seamless and integrated supports for
families. We also welcome input on what policy guidance or TTA would be
helpful in enabling tribes to better align and coordinate programs and
build stronger early childhood systems.
M. Other Topics
Please describe any other OHS tribal regulations and processes that
interfere with tribal nations' Head Start program implementation and/or
policies, regulations or TTA supports not yet addressed in this RFI and
proposed solution(s).
Megan Steel,
ACF Certifying Officer.
[FR Doc. 2024-05573 Filed 3-15-24; 8:45 am]
BILLING CODE 4184-40-P
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