The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2)(H)(i), is Pub. L. 89–10,
The Individuals with Disabilities Education Act, referred to in subsec. (d)(2)(H)(ii), (N), is title VI of Pub. L. 91–230,
Subsec. (d)(2)(H)(i). Pub. L. 114–95, § 9215(nn)(2)(A), redesignated cl. (ii) as (i), struck out “other” before “preschool programs” and substituted “the Elementary and Secondary Education Act of 1965” for “that Act”, and struck out former cl. (i) which read as follows: “programs implementing grant agreements under the Early Reading First and Even Start programs under subparts 2 and 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6371 et seq., 6381 et seq.);”.
Subsec. (d)(2)(H)(ii) to (vii). Pub. L. 114–95, § 9215(nn)(2)(A)(ii), redesignated cls. (iii) to (vii) as (ii) to (vi), respectively. Former cl. (ii) redesignated (i).
Subsec. (d)(2)(J)(iii). Pub. L. 114–95, § 9215(nn)(2)(B), struck out “, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)” after “local entities” in introductory provisions.
2007—Pub. L. 110–134 amended section generally. Prior to amendment, section related to authorization of and prerequisites for designation of Head Start agencies in subsec. (a), definition of community in subsec. (b), priority in administration of section provisions in subsec. (c), designation in community without entity entitled to priority and qualified applicants in subsec. (d), designation on interim basis in subsec. (e), involvement of parents and area residents in selection of agencies in subsec. (f), and priority for nonprofit agencies and applicants with demonstrated capacity in subsec. (g).
2004—Subsec. (d)(3). Pub. L. 108–446 substituted “U.S.C. 1431–1444” for “U.S.C 1431–1445”.
1998—Subsec. (a). Pub. L. 105–285, § 107(1), inserted “or for-profit” after “nonprofit” and “(in consultation with the chief executive officer of the State involved, if such State expends non-Federal funds to carry out Head Start programs)” after “Secretary” in cl. (2).
Subsec. (b). Pub. L. 105–285, § 107(2), substituted “off-reservation area designated by an appropriate tribal government in consultation with the Secretary” for “area designated by the Bureau of Indian Affairs as near-reservation”.
Subsec. (c)(1). Pub. L. 105–285, § 107(3)(A), inserted “, in consultation with the chief executive officer of the State involved if such State expends non-Federal funds to carry out Head Start programs,” after “Secretary shall” and “or for-profit” after “nonprofit” and substituted “determines that the agency involved fails to meet program and financial management requirements, performance standards described in section 9836a(a)(1) of this title, results-based performance measures developed by the Secretary under section 9836a(b) of this title, or other requirements established by the Secretary” for “makes a finding that the agency involved fails to meet program, financial management, and other requirements established by the Secretary”.
Subsec. (c)(2). Pub. L. 105–285, § 107(3)(B), (C), inserted “, in consultation with the chief executive officer of the State if such State expends non-Federal funds to carry out Head Start programs,” after “Secretary shall” and realigned margins.
Subsec. (c)(3). Pub. L. 105–285, § 107(3)(C), realigned margins.
Subsec. (d). Pub. L. 105–285, § 107(4)(A), inserted in introductory provisions “In selecting from among qualified applicants for designation as a Head Start agency, the Secretary shall give priority to any qualified agency that functioned as a Head Start delegate agency in the community and carried out a Head Start program that the Secretary determines met or exceeded such performance standards and such results-based performance measures.”
Subsec. (d)(3). Pub. L. 105–285, § 107(4)(B), inserted “and programs under part C and section 619 of the Individuals with Disabilities Education Act (20 U.S.C 1431–1445, 1419)” after “(20 U.S.C. 2741 et seq.)”.
Subsec. (d)(4)(A). Pub. L. 105–285, § 107(4)(C)(i), inserted “(at home and in the center involved where practicable)” after “activities”.
Subsec. (d)(4)(D). Pub. L. 105–285, § 107(4)(C)(v), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (d)(4)(D)(iii). Pub. L. 105–285, § 107(4)(C)(ii)(I), inserted “or” at end.
Subsec. (d)(4)(D)(iv), (v). Pub. L. 105–285, § 107(4)(C)(ii)(II), (III), redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows: “substance abuse counseling; or”.
Subsec. (d)(4)(E). Pub. L. 105–285, § 107(4)(C)(iv), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Pub. L. 105–285, § 107(4)(C)(iii), substituted “, (D), and (E)” for “and (D)”.
Subsec. (d)(4)(F). Pub. L. 105–285, § 107(4)(C)(iv), redesignated subpar. (E) as (F).
Subsec. (d)(7). Pub. L. 105–285, § 107(4)(D), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “the plan of such applicant to meet the needs of non-English language background children and their families in the community; and”.
Subsec. (d)(8) to (10). Pub. L. 105–285, § 107(4)(E)–(G), added pars. (8) and (10) and redesignated former par. (8) as (9).
Subsec. (e). Pub. L. 105–285, § 107(5), added subsec. (e) and struck out former subsec. (e) which read as follows: “If, in a community served by a Head Start program, there is no applicant qualified for designation as a Head Start agency to carry out such program, the Secretary may appoint an interim grantee to carry out such program until a qualified applicant is so designated.”
Subsec. (g). Pub. L. 105–285, § 107(6), added subsec. (g).
1994—Subsec. (b). Pub. L. 103–252, § 107(a), inserted “(including Indians in any area designated by the Bureau of Indian Affairs as near-reservation)” after “Indian reservation”.
Subsec. (c)(1). Pub. L. 103–252, § 107(b)(2), (3), (5), inserted “(subject to paragraph (2))” after “the provisions of this section”, struck out subpar. (A), inserted “the Secretary makes a finding that the agency involved fails to meet program, financial management, and other requirements established by the Secretary.” after “unless”, and redesignated subpar. (B) as par. (2) and concluding provisions as par. (3).
Subsec. (c)(2). Pub. L. 103–252, § 107(b)(1), (3), (4), (6), redesignated par. (1)(B) as (2) and realigned margins, substituted “If” for “except that, if” and “paragraph (1)” for “subparagraph (A)”, and struck out former par. (2) which read as follows:
“(2)(A) The Secretary shall conduct a full review of each designated Head Start agency at least once during each 3-year period, and shall determine whether each agency meets program and fiscal requirements established by the Secretary.
“(B) The Secretary shall conduct a review of each newly designated Head Start agency immediately after the completion of the first year such agency carries out a Head Start program.
“(C) The Secretary shall conduct followup reviews of Head Start agencies when appropriate.”
Subsec. (c)(3). Pub. L. 103–252, § 107(b)(1), (5), redesignated concluding provisions of par. (1) as (3), substituted “this subsection” for “this paragraph”, and struck out former par. (3) which read as follows: “In carrying out a review of each Head Start agency under paragraph (2), the Secretary shall—
“(A) to the maximum extent practicable, carry out such review by using employees of the Department of Health and Human Services who are knowledgeable about Head Start programs;
“(B) ensure that an employee of the Department of Health and Human Services who is knowledgeable about Head Start programs supervises such review at the site of such agency;
“(C) measure the compliance of the programs of such agency with the performance standards in effect under section 9846(b) of this title; and
“(D) identify the types and conditions of facilities in which such programs are located.”
Subsec. (c)(4). Pub. L. 103–252, § 107(b)(1), struck out par. (4) which read as follows: “The results of a review conducted under this subsection shall not be sufficient alone for the purpose of determining whether to continue, or to discontinue, providing funds to a particular Head Start agency.”
Subsec. (d). Pub. L. 103–252, § 107(c)(1)–(3)(A), in introductory provisions substituted “If no entity in a community is entitled to the priority specified in subsection (c) of this section,” for “If there is no Head Start agency as described in subsection (c)(2) of this section, and no existing Head Start program serving a community,” and struck out “Any such designation shall be governed by the program and fiscal requirements, criteria, and standards applicable on
Subsec. (d)(3). Pub. L. 103–252, § 107(c)(3)(B), inserted “, including Even Start programs under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.),” after “preschool programs”.
Subsec. (d)(4). Pub. L. 103–252, § 107(c)(3)(C), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the plan of such applicant to involve parents of children who will participate in the proposed Head Start program in appropriate educational services (in accordance with the performance standards in effect under section 9846(b) of this title or through referral of such parents to educational services available in the community) in order to aid their children to attain their full potential;”.
Subsec. (d)(7). Pub. L. 103–252, § 107(c)(4), substituted “non-English language background children and their families” for “non-English language children” and inserted “and” after semicolon.
Subsec. (d)(8), (9). Pub. L. 103–252, § 107(c)(5), (6), redesignated par. (9) as (8) and struck out former par. (8) which read as follows: “the plan of such applicant to provide (directly or through referral to educational services available in the community) parents of children who will participate in the proposed Head Start program with child development and literacy skills training in order to aid their children to attain their full potential; and”.
Subsecs. (f), (g). Pub. L. 103–252, § 107(d), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “The provisions of subsections (c), (d), and (e) of this section shall be applied by the Secretary in the distribution of any additional appropriations made available under this subchapter during any fiscal year as well as to initial designations of Head Start agencies.”
1992—Subsec. (c)(1). Pub. L. 102–401, § 2(e)(1), inserted at end “Notwithstanding any other provision of this paragraph, the Secretary shall not give such priority to any agency with respect to which financial assistance has been terminated, or an application for refunding has been denied, under this subchapter by the Secretary after affording such agency reasonable notice and opportunity for a full and fair hearing in accordance with section 9841(a)(3) of this title.”
Subsec. (c)(2). Pub. L. 102–401, § 2(f), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (d)(8), (9). Pub. L. 102–401, § 2(g), added pars. (8) and (9).
Subsec. (e). Pub. L. 102–401, § 2(h)(3), added subsec. (e). Former subsec. (e) redesignated (f).
Pub. L. 102–401, § 2(h)(1), substituted “(c), (d), and (e)” for “(c) and (d)”.
Subsecs. (f), (g). Pub. L. 102–401, § 2(h)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively.
1990—Subsec. (c). Pub. L. 101–501, § 107, designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A), added subpar. (B) and pars. (2) to (4), and struck out former par. (2) and last sentence which read as follows:
“(2) except that if there is no such agency because of any change in the assistance furnished to programs for economically disadvantaged persons, then the Secretary shall give priority in the designation of Head Start agencies to any successor agency which is operated in substantially the same manner as the predecessor agency which did receive funds in the fiscal year preceding the fiscal year for which the determination is made.
The provisions of clause (2) shall apply only to agencies actually operating Head Start programs.”
Subsec. (d). Pub. L. 101–501, § 108, inserted at end “In selecting from among qualified applicants for designation as a Head Start agency and subject to the preceding sentence, the Secretary shall consider the effectiveness of each such applicant to provide Head Start services, based on—” and pars. (1) to (7).
1984—Subsec. (a). Pub. L. 98–558, § 104(a), inserted “, within a community,” after “private nonprofit agency”.
Subsec. (c). Pub. L. 98–558, § 104(b)(1), substituted “unless” for “, except that” in provisions preceding cl. (1).
Subsec. (c)(1). Pub. L. 98–558, § 104(b)(2), (3), substituted “makes a finding” for “shall, before giving such priority, determine” and “fails to meet” for “meet”.
Subsec. (c)(2). Pub. L. 98–558, § 104(b)(4), inserted “except that” before “if”.
Subsecs. (d) to (f). Pub. L. 98–558, § 104(c), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress,
Amendment by Pub. L. 114–95 effective
Amendment by Pub. L. 103–252 effective
Pub. L. 102–401, § 2(e)(2),
Amendment by section 2(f)–(h) of Pub. L. 102–401 effective
Amendment by Pub. L. 101–501 effective
Pub. L. 116–159, div. D, title IV, § 4401, “Notwithstanding section 638 of the Head Start Act (42 U.S.C. 9833), if the Secretary of Health and Human Services—“(1) is required to make a determination under paragraph (6) of section 641(c) of such Act (42 U.S.C. 9836a(c) [sic, probably should be “42 U.S.C. 9836(c)”]) whether to renew the designation of a Head Start agency for which such determination under the schedule developed pursuant to paragraph (9)(C) of such section 641(c) is required to be made before “(2) cannot make such determination in accordance with such schedule because the Secretary lacks any information described in any of subparagraphs (A) through (E) of section 641(c)(1) of such Act required for the purpose of making such determination;then before