
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9836]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9836. Designation of Head Start agencies


(a) Authorization; prerequisites

    The Secretary is authorized to designate as a Head Start agency any 
local public or private nonprofit or for-profit agency, within a 
community, which (1) has the power and authority to carry out the 
purposes of this subchapter and perform the functions set forth in 
section 9837 of this title within a community; and (2) is determined by 
the Secretary (in consultation with the chief executive officer of the 
State involved, if such State expends non-Federal funds to carry out 
Head Start programs) to be capable of planning, conducting, 
administering, and evaluating, either directly or by other arrangements, 
a Head Start program.

(b) Definition

    For purposes of this subchapter, a community may be a city, county, 
or multicity or multicounty unit within a State, an Indian reservation 
(including Indians in any off-reservation area designated by an 
appropriate tribal government in consultation with the Secretary), or a 
neighborhood or other area (irrespective of boundaries or political 
subdivisions) which provides a suitable organizational base and 
possesses the commonality of interest needed to operate a Head Start 
program.

(c) Priority

    (1) In the administration of the provisions of this section (subject 
to paragraph (2)), the Secretary shall, in consultation with the chief 
executive officer of the State involved if such State expends non-
Federal funds to carry out Head Start programs, give priority in the 
designation of Head Start agencies to any local public or private 
nonprofit or for-profit agency which is receiving funds under any Head 
Start program on August 13, 1981, unless the Secretary 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.
    (2) If there is no agency of the type referred to in paragraph (1) 
because of any change in the assistance furnished to programs for 
economically disadvantaged persons, the Secretary shall, in consultation 
with the chief executive officer of the State if such State expends non-
Federal funds to carry out Head Start programs, give priority in the 
designation of Head Start agencies to any successor agency that is 
operating a Head Start program in substantially the same manner as the 
predecessor agency that did receive funds in the fiscal year preceding 
the fiscal year for which the determination is made.
    (3) Notwithstanding any other provision of this subsection, 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.

(d) Designation; Head Start agency; qualified applicants

    If no entity in a community is entitled to the priority specified in 
subsection (c) of this section, then the Secretary may designate a Head 
Start agency from among qualified applicants in such community. 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. In selecting from among qualified applicants for designation 
as a Head Start agency, the Secretary shall consider the effectiveness 
of each such applicant to provide Head Start services, based on--
        (1) any past performance of such applicant in providing services 
    comparable to Head Start services, including how effectively such 
    applicant provided such comparable services;
        (2) the plan of such applicant to provide comprehensive health, 
    nutritional, educational, social, and other services needed to aid 
    participating children in attaining their full potential;
        (3) the plan of such applicant to coordinate the Head Start 
    program it proposes to carry out, with other preschool programs, 
    including Even Start programs under part B of chapter 1 of title I 
    of the Elementary and Secondary Education Act of 1965 \1\ (20 U.S.C. 
    2741 et seq.) and programs under part C and section 619 of the 
    Individuals with Disabilities Education Act (20 U.S.C. 1431-1445, 
    1419), and with the educational programs such children will enter at 
    the age of compulsory school attendance;
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    \1\ See References in Text note below.
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        (4) the plan of such applicant--
            (A) to seek the involvement of parents of participating 
        children in activities (at home and in the center involved where 
        practicable) designed to help such parents become full partners 
        in the education of their children;
            (B) to afford such parents the opportunity to participate in 
        the development, conduct, and overall performance of the program 
        at the local level;
            (C) to offer (directly or through referral to local 
        entities, such as entities carrying out Even Start programs 
        under part B of chapter 1 of title I of the Elementary and 
        Secondary Education Act of 1965 \1\ (20 U.S.C. 2741 et seq.), 
        public and school libraries, and family support programs) to 
        such parents--
                (i) family literacy services; and
                (ii) parenting skills training;

            (D) to offer to parents of participating children substance 
        abuse counseling (either directly or through referral to local 
        entities), including information on drug-exposed infants and 
        fetal alcohol syndrome;
            (E) at the option of such applicant, to offer (directly or 
        through referral to local entities) to such parents--
                (i) training in basic child development;
                (ii) assistance in developing communication skills;
                (iii) opportunities for parents to share experiences 
            with other parents; or
                (iv) any other activity designed to help such parents 
            become full partners in the education of their children; and

            (F) to provide, with respect to each participating family, a 
        family needs assessment that includes consultation with such 
        parents about the benefits of parent involvement and about the 
        activities described in subparagraphs (C), (D), and (E) in which 
        such parents may choose to become involved (taking into 
        consideration their specific family needs, work schedules, and 
        other responsibilities);

        (5) the ability of such applicant to carry out the plans 
    described in paragraphs (2), (3), and (4);
        (6) other factors related to the requirements of this 
    subchapter;
        (7) the plan of such applicant to meet the needs of non-English 
    background children and their families, including needs related to 
    the acquisition of the English language;
        (8) the plan of such applicant to meet the needs of children 
    with disabilities;
        (9) the plan of such applicant who chooses to assist younger 
    siblings of children who will participate in the proposed Head Start 
    program to obtain health services from other sources; and
        (10) the plan of such applicant to collaborate with other 
    entities carrying out early childhood education and child care 
    programs in the community.

(e) Designation of agency on an interim basis

    If no agency in the community receives priority designation under 
subsection (c) of this section, and there is no qualified applicant in 
the community, the Secretary shall designate a qualified agency to carry 
out the Head Start program in the community on an interim basis until a 
qualified applicant from the community is so designated.

(f) Involvement of parents and area residents in selection of agencies

    The Secretary shall require that the practice of significantly 
involving parents and area residents affected by the program in 
selection of Head Start agencies be continued.

(g) Priority for nonprofit agencies and applicants with demonstrated 
        capacity

    If the Secretary determines that a nonprofit agency and a for-profit 
agency have submitted applications for designation of equivalent quality 
under subsection (d) of this section, the Secretary may give priority to 
the nonprofit agency. In selecting from among qualified applicants for 
designation as a Head Start agency under subsection (d) of this section, 
the Secretary shall give priority to applicants that have demonstrated 
capacity in providing comprehensive early childhood services to children 
and their families.

(Pub. L. 97-35, title VI, Sec. 641, Aug. 13, 1981, 95 Stat. 501; Pub. L. 
98-558, title I, Sec. 104, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 101-
501, title I, Secs. 107, 108, Nov. 3, 1990, 104 Stat. 1229, 1230; Pub. 
L. 102-401, Sec. 2(e)(1), (f)-(h), Oct. 7, 1992, 106 Stat. 1957; Pub. L. 
103-252, title I, Sec. 107, May 18, 1994, 108 Stat. 629; Pub. L. 105-
285, title I, Sec. 107, Oct. 27, 1998, 112 Stat. 2712.)

                       References in Text

    Part B of chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965, referred to in subsec. (d)(3), (4)(C), means part 
B of chapter 1 of title I of Pub. L. 89-10 which was classified 
generally to part B (Sec. 2741 et seq.) of division 1 of subchapter I of 
chapter 47 of Title 20, Education, prior to being omitted in the general 
amendment of Pub. L. 89-10 by Pub. L. 103-382, title I, Sec. 101, Oct. 
20, 1994, 108 Stat. 3519. See section 6361 et seq. of Title 20.
    The Individuals with Disabilities Education Act, referred to in 
subsec. (d)(3), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 
175, as amended. Part C of the Act is classified generally to subchapter 
III (Sec. 1431 et seq.) of chapter 33 of Title 20, Education. Section 
619 of the Act is classified to section 1419 of Title 20. For complete 
classification of this Act to the Code, see section 1400 of Title 20 and 
Tables.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-285, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 107(3)(C), realigned margins.
    Subsec. (d). Pub. L. 105-285, Sec. 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, Sec. 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, Sec. 107(4)(C)(i), inserted 
``(at home and in the center involved where practicable)'' after 
``activities''.
    Subsec. (d)(4)(D). Pub. L. 105-285, Sec. 107(4)(C)(v), added subpar. 
(D). Former subpar. (D) redesignated (E).
    Subsec. (d)(4)(D)(iii). Pub. L. 105-285, Sec. 107(4)(C)(ii)(I), 
inserted ``or'' at end.
    Subsec. (d)(4)(D)(iv), (v). Pub. L. 105-285, Sec. 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, Sec. 107(4)(C)(iv), redesignated 
subpar. (D) as (E). Former subpar. (E) redesignated (F).
    Pub. L. 105-285, Sec. 107(4)(C)(iii), substituted ``, (D), and (E)'' 
for ``and (D)''.
    Subsec. (d)(4)(F). Pub. L. 105-285, Sec. 107(4)(C)(iv), redesignated 
subpar. (E) as (F).
    Subsec. (d)(7). Pub. L. 105-285, Sec. 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, Sec. 107(4)(E)-(G), added 
pars. (8) and (10) and redesignated former par. (8) as (9).
    Subsec. (e). Pub. L. 105-285, Sec. 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, Sec. 107(6), added subsec. (g).
    1994--Subsec. (b). Pub. L. 103-252, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 September 1, 
1983, to then existing Head Start agencies.'' after first sentence and 
``subject to the preceding sentence'' after ``as a Head Start agency''.
    Subsec. (d)(3). Pub. L. 103-252, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(f), designated existing 
provisions as subpar. (A) and added subpars. (B) and (C).
    Subsec. (d)(8), (9). Pub. L. 102-401, Sec. 2(g), added pars. (8) and 
(9).
    Subsec. (e). Pub. L. 102-401, Sec. 2(h)(3), added subsec. (e). 
Former subsec. (e) redesignated (f).
    Pub. L. 102-401, Sec. 2(h)(1), substituted ``(c), (d), and (e)'' for 
``(c) and (d)''.
    Subsecs. (f), (g). Pub. L. 102-401, Sec. 2(h)(2), redesignated 
subsecs. (e) and (f) as (f) and (g), respectively.
    1990--Subsec. (c). Pub. L. 101-501, Sec. 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, Sec. 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, Sec. 104(a), inserted ``, within 
a community,'' after ``private nonprofit agency''.
    Subsec. (c). Pub. L. 98-558, Sec. 104(b)(1), substituted ``unless'' 
for ``, except that'' in provisions preceding cl. (1).
    Subsec. (c)(1). Pub. L. 98-558, Sec. 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, Sec. 104(b)(4), inserted ``except 
that'' before ``if''.
    Subsecs. (d) to (f). Pub. L. 98-558, Sec. 104(c), added subsecs. (d) 
and (e) and redesignated former subsec. (d) as (f).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-252 effective May 18, 1994, but not 
applicable to Head Start agencies and other recipients of financial 
assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 
1, 1994, see section 127 of Pub. L. 103-252, set out as a note under 
section 9832 of this title.


                    Effective Date of 1992 Amendment

    Section 2(e)(2) of Pub. L. 102-401 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply only with 
respect to terminations of financial assistance, and denials of 
refunding, occurring after July 29, 1992.''
    Amendment by section 2(f)-(h) of Pub. L. 102-401 effective Oct. 7, 
1992, but not applicable with respect to fiscal years beginning before 
Oct. 1, 1992, and amendment by section 2(e)(1) of Pub. L. 102-401 
effective July 30, 1992, see section 4 of Pub. L. 102-401, set out as a 
note under section 9835 of this title.


                    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 sections 9833, 9836a, 9841, 9846 of 
this title; title 20 section 6312.
