
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9832]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9832. Definitions

    For purposes of this subchapter:
        (1) The term ``child with a disability'' means--
            (A) a child with a disability, as defined in section 1401(3) 
        of title 20; and
            (B) an infant or toddler with a disability, as defined in 
        section 1432(5) of title 20.

        (2) The term ``delegate agency'' means a public, private 
    nonprofit, or for-profit organization or agency to which a grantee 
    has delegated all or part of the responsibility of the grantee for 
    operating a Head Start program.
        (3) The term ``family literacy services'' means services that 
    are of sufficient intensity in terms of hours, and of sufficient 
    duration, to make sustainable changes in a family, and that 
    integrate all of the following activities:
            (A) Interactive literacy activities between parents and 
        their children.
            (B) Training for parents regarding how to be the primary 
        teacher for their children and full partners in the education of 
        their children.
            (C) Parent literacy training that leads to economic self-
        sufficiency.
            (D) An age-appropriate education to prepare children for 
        success in school and life experiences.

        (4) The term ``financial assistance'' includes assistance 
    provided by grant, agreement, or contract, and payments may be made 
    in installments and in advance or by way of reimbursement with 
    necessary adjustments on account of overpayments or underpayments.
        (5) The term ``full calendar year'' means all days of the year 
    other than Saturday, Sunday, and a legal public holiday.
        (6) The term ``full-working-day'' means not less than 10 hours 
    per day. Nothing in this paragraph shall be construed to require an 
    agency to provide services to a child who has not reached the age of 
    compulsory school attendance for more than the number of hours per 
    day permitted by State law (including regulation) for the provision 
    of services to such a child.
        (7) The term ``Head Start classroom'' means a group of children 
    supervised and taught by two paid staff members (a teacher and a 
    teacher's aide or two teachers) and, where possible, a volunteer.
        (8) The term ``Head Start family day care'' means Head Start 
    services provided in a private residence other than the residence of 
    the child receiving such services.
        (9) The term ``home-based Head Start program'' means a Head 
    Start program that provides Head Start services in the private 
    residence of the child receiving such services.
        (10) The term ``Indian tribe'' means any tribe, band, nation, 
    pueblo, or other organized group or community of Indians, including 
    any Native village described in section 3(c) of the Alaska Native 
    Claims Settlement Act (43 U.S.C. 1602(c)) or established pursuant to 
    such Act (43 U.S.C. 1601 et seq.), that is recognized as eligible 
    for the special programs and services provided by the United States 
    to Indians because of their status as Indians.
        (11) The term ``local educational agency'' has the meaning given 
    such term in the Elementary and Secondary Education Act of 1965 [20 
    U.S.C. 6301 et seq.].
        (12) The term ``migrant and seasonal Head Start program'' 
    means--
            (A) with respect to services for migrant farmworkers, a Head 
        Start program that serves families who are engaged in 
        agricultural labor and who have changed their residence from one 
        geographic location to another in the preceding 2-year period; 
        and
            (B) with respect to services for seasonal farmworkers, a 
        Head Start program that serves families who are engaged 
        primarily in seasonal agricultural labor and who have not 
        changed their residence to another geographic location in the 
        preceding 2-year period.

        (13) The term ``mobile Head Start program'' means the provision 
    of Head Start services utilizing transportable equipment set up in 
    various community-based locations on a routine, weekly schedule, 
    operating in conjunction with home-based Head Start programs, or as 
    a Head Start classroom.
        (14) The term ``poverty line'' means the official poverty line 
    (as defined by the Office of Management and Budget)--
            (A) adjusted to reflect the percentage change in the 
        Consumer Price Index For \1\ All Urban Consumers, issued by the 
        Bureau of Labor Statistics, occurring in the 1-year period or 
        other interval immediately preceding the date such adjustment is 
        made; and
---------------------------------------------------------------------------
    \1\ So in original. Probably should not be capitalized.
---------------------------------------------------------------------------
            (B) adjusted for family size.

        (15) The term ``scientifically based reading research''--
            (A) means the application of rigorous, systematic, and 
        objective procedures to obtain valid knowledge relevant to 
        reading development, reading instruction, and reading 
        difficulties; and
            (B) shall include research that--
                (i) employs systematic, empirical methods that draw on 
            observation or experiment;
                (ii) involves rigorous data analyses that are adequate 
            to test the stated hypotheses and justify the general 
            conclusions drawn;
                (iii) relies on measurements or observational methods 
            that provide valid data across evaluators and observers and 
            across multiple measurements and observations; and
                (iv) has been accepted by a peer-reviewed journal or 
            approved by a panel of independent experts through a 
            comparably rigorous, objective, and scientific review.

        (16) The term ``Secretary'' means the Secretary of Health and 
    Human Services.
        (17) The term ``State'' means a State, the Commonwealth of 
    Puerto Rico, the District of Columbia, Guam, American Samoa, the 
    Virgin Islands of the United States, and the Commonwealth of the 
    Northern Mariana Islands, but for fiscal years ending before October 
    1, 2001 (and fiscal year 2002, if the legislation described in 
    section 9835(a)(2)(B)(iii) of this title has not been enacted before 
    September 30, 2001), also means the Federated States of Micronesia, 
    the Republic of the Marshall Islands, and the Republic of Palau.

(Pub. L. 97-35, title VI, Sec. 637, Aug. 13, 1981, 95 Stat. 499; Pub. L. 
98-558, title I, Sec. 101, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 101-
501, title I, Secs. 104(b), 116(b), 117(b), 121(b), 123(a), Nov. 3, 
1990, 104 Stat. 1228, 1232, 1233, 1237; Pub. L. 103-252, title I, 
Sec. 102, May 18, 1994, 108 Stat. 624; Pub. L. 105-285, title I, 
Sec. 103, Oct. 27, 1998, 112 Stat. 2703.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in par. (10), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.
    The Elementary and Secondary Education Act of 1965, referred to in 
par. (11), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended 
generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 
Stat. 3519, which is classified generally to chapter 70 (Sec. 6301 et 
seq.) of Title 20, Education. For complete classification of this Act to 
the Code, see Short Title note set out under section 6301 of Title 20 
and Tables.


                               Amendments

    1998--Pars. (1), (2). Pub. L. 105-285, Sec. 103(2), added pars. (1) 
and (2). Former pars. (1) and (2) redesignated (16) and (17), 
respectively.
    Pars. (3), (4). Pub. L. 105-285, Sec. 103(3)-(5), added par. (3), 
redesignated former par. (3) as (4), and struck out former par. (4) 
which read as follows: ``The term `family literacy services' means 
services and activities that include interactive literacy activities 
between parents and their children, training for parents on techniques 
for being the primary teacher of their children and full partners in the 
education of their children, parent literacy training (including 
training in English as a second language), and early childhood 
education.''
    Par. (6). Pub. L. 105-285, Sec. 103(6), inserted at end ``Nothing in 
this paragraph shall be construed to require an agency to provide 
services to a child who has not reached the age of compulsory school 
attendance for more than the number of hours per day permitted by State 
law (including regulation) for the provision of services to such a 
child.''
    Par. (12). Pub. L. 105-285, Sec. 103(7), added par. (12) and struck 
out former par. (12) which read as follows: ``The term `migrant Head 
Start program' means a Head Start program that serves families who are 
engaged in agricultural work and who have changed their residence from 
one geographical location to another in the preceding 2-year period.''
    Par. (15). Pub. L. 105-285, Sec. 103(8), added par. (15).
    Par. (16). Pub. L. 105-285, Sec. 103(1), redesignated par. (1) as 
(16) and transferred it to appear after par. (15).
    Par. (17). Pub. L. 105-285, Sec. 103(9)(B), (C), substituted 
``Virgin Islands of the United States, and the Commonwealth of the 
Northern Mariana Islands, but for fiscal years ending before October 1, 
2001 (and fiscal year 2002, if the legislation described in section 
9835(a)(2)(B)(iii) of this title has not been enacted before September 
30, 2001), also means'' for ``Virgin Islands,'' and ``and the Republic 
of Palau'' for ``Palau, and the Commonwealth of the Northern Mariana 
Islands''.
    Pub. L. 105-285, Sec. 103(9)(A), which directed substitution of 
``term'' for ``Term'', could not be executed because ``Term'' does not 
appear in par. (17).
    Pub. L. 105-285, Sec. 103(1), redesignated par. (2) as (17) and 
transferred it to appear after par. (16).
    1994--Par. (4). Pub. L. 103-252, Sec. 102(1), (4), (5)(A), 
redesignated par. (12) as (4) and struck out former par. (4) which 
defined ``adjusted appropriation''.
    Par. (5). Pub. L. 103-252, Sec. 102(1), (4), (5)(B), redesignated 
par. (10) as (5) and struck out former par. (5) which defined ``quality 
improvement funds''.
    Par. (6). Pub. L. 103-252, Sec. 102(4), (5)(B), redesignated par. 
(11) as (6). Former par. (6) redesignated (7).
    Pars. (7), (8). Pub. L. 103-252, Sec. 102(4), redesignated pars. (6) 
and (7) as (7) and (8), respectively. Former par. (8) redesignated (9).
    Par. (9). Pub. L. 103-252, Sec. 102(4), redesignated par. (8) as 
(9). Former par. (9) redesignated (14).
    Pub. L. 103-252, Sec. 102(2), added par. (9) and struck out former 
par. (9) which defined ``poverty line''.
    Par. (10). Pub. L. 103-252, Sec. 102(4), (5)(C), redesignated par. 
(13) as (10). Former par. (10) redesignated (5).
    Par. (11). Pub. L. 103-252, Sec. 102(5)(D), added par. (11). Former 
par. (11) redesignated (6).
    Par. (12). Pub. L. 103-252, Sec. 102(5)(D), added par. (12). Former 
par. (12) redesignated (4).
    Pub. L. 103-252, Sec. 102(3), (4), added par. (12) and redesignated 
it as (4).
    Par. (13). Pub. L. 103-252, Sec. 102(5)(D), added par. (13). Former 
par. (13) redesignated (10).
    Pub. L. 103-252, Sec. 102(3), (4), added par. (13) and redesignated 
it as (10).
    Par. (14). Pub. L. 103-252, Sec. 102(4), redesignated par. (9) as 
(14).
    1990--Par. (2). Pub. L. 101-501, Sec. 104(b)(1), substituted ``the 
Federated States of Micronesia, the Republic of the Marshall Islands, 
Palau'' for ``the Trust Territory of the Pacific Islands''.
    Pars. (4), (5). Pub. L. 101-501, Sec. 104(b)(2), added pars. (4) and 
(5).
    Par. (6). Pub. L. 101-501, Sec. 116(b), added par. (6).
    Pars. (7), (8). Pub. L. 101-501, Sec. 117(b), added pars. (7) and 
(8).
    Par. (9). Pub. L. 101-501, Sec. 121(b), added par. (9).
    Pars. (10), (11). Pub. L. 101-501, Sec. 123(a), added pars. (10) and 
(11).
    1984--Par. (2). Pub. L. 98-558 inserted ``the Commonwealth of'' 
before ``the Northern Mariana Islands''.


                    Effective Date of 1994 Amendment

    Section 127 of title I of Pub. L. 103-252 provided that:
    ``(a) Effective Date.--This title [see Short Title of 1994 Amendment 
note set out under section 9801 of this title], and the amendments made 
by this title, shall take effect on the date of enactment of this title 
[May 18, 1994].
    ``(b) Application.--The requirements of this title and the 
amendments made by this title shall not apply to Head Start agencies and 
other recipients of financial assistance under the Head Start Act [42 
U.S.C. 9831 et seq.] until October 1, 1994.''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 9902 of this title.
