[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Rules and Regulations]
[Pages 65012-65014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25634]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1302
[Docket No.: HHS-ACF-2019-0006]
RIN 0970-AC78
Head Start Program
AGENCY: Office of Head Start (OHS), Administration for Children and
Families (ACF), Department of Health and Human Services (HHS).
ACTIONS: Final rule; delay compliance date and request for
information.
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SUMMARY: The Office of Head Start will further delay the compliance
date for programs to meet the new comprehensive background checks
requirements and to participate in their state or local Quality Rating
and Improvement Systems (QRIS). We are delaying the compliance date for
these standards, based on concerns states still will not have systems
developed that can accommodate Head Start programs by the current
compliance date. Head Start programs are still encouraged to conduct
comprehensive background checks where state systems support Head Start
requests and are required to meet the background check requirements in
section 648A of the Head Start Act that requires them to obtain a
State, tribal, or Federal criminal record check for all staff members
prior to employment. The Office of Head Start also requests comments on
the issues set out in this final rule.
DATES: The date for programs to comply with background checks
procedures as described in 45 CFR 1302.90(b) and to participate in QRIS
as described in 45 CFR 1302.53(b)(2), delayed September 28, 2017 (82 FR
45205) and September 26, 2018 (83 FR 48558), is further delayed until
September 30, 2021. Comments are due December 26, 2019.
ADDRESSES: You may send comments, identified by HHS-ACF-2019-0006 and/
or RIN 0970-AC78, by either of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow instructions for sending comments. We prefer to receive comments
via this method.
Mail: Office of Head Start, Attention: Colleen Rathgeb,
Director, Division of Planning, Oversight and Policy, 330 C Street SW,
Washington, DC 20024.
Instructions: All submissions received must include our agency name
and the docket number or Regulatory Information Number (RIN) for this
notice. All comments will be posted without change to https://www.regulations.gov, including any personal information provided. We
accept anonymous comments. If you wish to remain anonymous, enter ``N/
A'' in the required fields.
FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Office of Head Start,
Planning, Oversight, and Policy Division Director, (202) 358-3263,
[email protected]. Deaf and hearing impaired individuals may call
the Federal Dual Party Relay Service at 1-800-877-8339 between 8 a.m.
and 7 p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
Background
Head Start programs must comply with background check requirements
and participate in their States' QRIS by September 30, 2019. We have
already delayed the compliance date for background check requirements,
through documents published in the Federal Register on September 28,
2017 (82 FR 45205) and on September 26, 2018 (83 FR 48558). We issued
the first notice to align our compliance date for background checks
with the background check requirements deadline in the Child Care
Development Block Grant (CCDBG) Act of 2014, Public Law 113-186. We
issued the second notice to accommodate and reduce burden on
[[Page 65013]]
States that received waivers to comply with CCDBG requirements.
We took that approach because States that receive CCDBG funds are
required to establish systems that implement the same set of
comprehensive background checks for all child care teachers and staff.
These systems will enable Head Start programs to meet the more
comprehensive background checks requirements in the final rule at 45
CFR XIII subpart B. We also extended the compliance date for programs
to participate in QRIS in those notices to allow States more time to
develop systems that could allow Head Start programs to participate. We
are still concerned programs will not be able to implement fully either
of these requirements by September 30, 2019, without unintended
regulatory and administrative burdens. While States and Head Start
programs are making significant progress in implementing the new
requirements, very few States are fully compliant with the CCDBG Act
requirements. In order for Head Start programs to comply with the
comprehensive background check requirement in the Head Start
regulations at 45 CFR 1302.90(b), it is necessary for the State
background check systems to be operational.
Background Check Procedures in the Regulation
Our standards at 45 CFR 1302.90(b) require that, before a person is
hired at a Head Start facility, programs must conduct comprehensive
background checks on such prospective employees that consist of (1) a
sex offender registry check, (2) State or tribal criminal history
records check (including fingerprint check), and Federal Bureau of
Investigation criminal history records check (including fingerprint
check), and (3) a child abuse and neglect State registry check, if
available. We also require programs to conduct comprehensive background
checks for each employee at least once every five years.
The Improving Head Start for School Readiness Act of 2007 (Act)
sets forth standard background checks requirements for Head Start
programs. We added more comprehensive background check requirements in
the Head Start Program Performance Standards final rule by adding
fingerprint checks and other components, which align with background
check requirements in the CCDBG. To date, only two States have
developed systems that fully meet CCDBG background check requirements.
We understand that States may request time-limited waivers, in one year
increments (i.e., potentially through September 30, 2020), to design
systems that can accommodate these background check requests. Nearly
two-thirds of States have met critical milestones in complying with
CCDBG Act background check requirements, but these States need this
additional time to fully comply.
Therefore, we will extend the compliance date for 45 CFR 1302.90(b)
to September 30, 2021. If we do not delay the compliance date for
comprehensive background checks, Head Start programs, States, tribes,
territories, and State and local law enforcement agencies would
experience unintended burden. Many States are experiencing serious
backlog in completing child care background check requests already in
the queue and Head Start background check requests would add to this
backlog. If expanded Head Start background checks went into effect
before State systems were fully operational, many programs would not be
able to complete all of the necessary components to comply with the
regulation. This would likely result in programs leaving vacancies
unfilled, not be able to provide adequate staffing for classrooms and
other critical functions, and children going unserved.
Until all Head Start programs have systems in place that fully
comply with 45 CFR 1302.90(b), we require them to continue to adhere to
the criminal record check requirements in section 648A of the Head
Start Act, as amended by the Improving Head Start for School Readiness
Act of 2007, Public Law 110-134, which states Head Start agencies must
``obtain--(A) a State, tribal, or Federal criminal record check
covering all jurisdictions where the grantee provides Head Start
services to children; (B) a State, tribal, or Federal criminal record
check as required by the law of the jurisdiction where the grantee
provides Head Start services; or (C) a criminal record check as
otherwise required by Federal law.''
QRIS Requirement in the Regulation
We require programs that meet certain conditions, except for
American Indian and Alaska Native programs, to participate in State or
local QRIS, as prescribed at 45 CFR 1302.53(b)(2). A QRIS is a
systematic approach to assess, improve, and communicate the level of
quality in early and school-age care and education programs within a
state or locality. The criteria Head Start programs must meet to enter
the QRIS and maintain participation vary greatly by State. We recognize
some Head Start programs were already participating in their State and
local quality improvement efforts before we introduced this standard in
the regulation. Now that we have included this standard in the
regulation, we understand programs have taken steps to participate in
QRIS and that many States are assessing their QRIS with new Head Start
QRIS participation policies. However, programs and States need
additional time to align these systems. We want to minimize any
unintended burden on States that choose to adapt their systems to allow
Head Start programs to participate in QRIS, as well as alleviate
programs' concerns about meeting the current compliance date. To avoid
duplication efforts between Head Start and QRIS monitoring systems, as
well as to eliminate undue burden on Head Start programs and States as
they work to align these systems, we will delay the compliance date for
this standard until September 30, 2021.
Request for Information
We are seeking comment from the public to gain more information
about the problems Head Start programs are encountering as they attempt
to come into compliance with the comprehensive background checks.
Specifically, we invite the public to share with us:
1. How feasible is it for programs and other stakeholders to
conduct comprehensive background checks by September 30, 2021?
2. What obstacles are programs facing today as they attempt to
comply with these performance standards?
3. What steps, if any, can ACF take to help programs and other
stakeholders comply with these performance standards by September 30
2021?
Conclusion
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice.
The Secretary finds good cause to waive public comment under
section 553(b) of the APA because it is unnecessary and contrary to the
public interest to provide for public comment in this instance.
State, localities, and Head Start grantees will likely be subjected
to
[[Page 65014]]
undue and unnecessary administrative burdens as they expend time trying
to find ways to implement these standards without support from local
and State law enforcement agencies and without QRIS systems that can
accommodate Head Start programs. A period for public comment would only
extend programs' concerns as they attempt to meet these standards by
the compliance dates. Head Start programs are still required to comply
with statutory background check requirements in the Improving Head
Start for School Readiness Act of 2007, Public Law 110-134, until they
can develop systems that will enable them to conduct complete
background checks with fingerprints. Therefore, if we delay compliance
dates, we will pose no harm or burden to programs or the public.
Moreover, programs that already have systems in place to meet
background check standards at 45 CFR 1302.90(b) and to participate in
their States' QRIS at 45 CFR 1302.53(b)(2) may voluntarily come into
compliance by the current compliance date. However, programs that do
not have systems in place will have until September 30, 2021, the new
compliance date, to comply.
Dated: October 8, 2019.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
Approved: November 19, 2019.
Alex M. Azar II,
Secretary.
[FR Doc. 2019-25634 Filed 11-25-19; 8:45 am]
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