
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: 42USC9837]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9837. Powers and functions of Head Start agencies


(a) Receipt, administration, and transfer of funds; sponsorship of 
        projects; delegation of authority, etc.

    In order to be designated as a Head Start agency under this 
subchapter, an agency must have authority under its charter or 
applicable law to receive and administer funds under this subchapter, 
funds and contributions from private or local public sources which may 
be used in support of a Head Start program, and funds under any Federal 
or State assistance program pursuant to which a public or private 
nonprofit or for-profit agency (as the case may be) organized in 
accordance with this subchapter, could act as grantee, contractor, or 
sponsor of projects appropriate for inclusion in a Head Start program. 
Such an agency must also be empowered to transfer funds so received, and 
to delegate powers to other agencies, subject to the powers of its 
governing board and its overall program responsibilities. The power to 
transfer funds and delegate powers must include the power to make 
transfers and delegations covering component projects in all cases where 
this will contribute to efficiency and effectiveness or otherwise 
further program objectives.

(b) Participation of parents in decisionmaking, implementation, etc.

    In order to be so designated, a Head Start agency shall also--
        (1) establish effective procedures by which parents and area 
    residents concerned will be enabled to directly participate in 
    decisions that influence the character of programs affecting their 
    interests;
        (2) provide for their regular participation in the 
    implementation of such programs;
        (3) provide technical and other support needed to enable parents 
    and area residents to secure on their own behalf available 
    assistance from public and private sources;
        (4) seek the involvement of parents of participating children in 
    activities designed to help such parents become full partners in the 
    education of their children, and to afford such parents the 
    opportunity to participate in the development, conduct, and overall 
    performance of the program at the local level;
        (5) 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.)), to parents of participating children, 
    family literacy services and parenting skills training;
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    \1\ See References in Text note below.
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        (6) 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;
        (7) at the option of such agency, offer (directly or through 
    referral to local entities), to such parents--
            (A) training in basic child development;
            (B) assistance in developing communication skills;
            (C) opportunities to share experiences with other parents;
            (D) regular in-home visitation; or
            (E) any other activity designed to help such parents become 
        full partners in the education of their children;

        (8) 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 paragraphs (4) through (7) in which such parents may 
    choose to be involved (taking into consideration their specific 
    family needs, work schedules, and other responsibilities);
        (9) consider providing services to assist younger siblings of 
    children participating in its Head Start program to obtain health 
    services from other sources;
        (10) perform community outreach to encourage individuals 
    previously unaffiliated with Head Start programs to participate in 
    its Head Start program as volunteers; and
        (11)(A) inform custodial parents in single-parent families that 
    participate in programs, activities, or services carried out or 
    provided under this subchapter about the availability of child 
    support services for purposes of establishing paternity and 
    acquiring child support; and
        (B) refer eligible parents to the child support offices of State 
    and local governments.

(c) Coordination with other agencies

    The head of each Head Start agency shall coordinate and collaborate 
with the State agency responsible for administering the State program 
carried out under subchapter II-B of this chapter, and other early 
childhood education and development 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), serving the 
children and families served by the Head Start agency to carry out the 
provisions of this subchapter.

(d) Transition coordination with schools

    (1) Each Head Start agency shall take steps to ensure, to the 
maximum extent possible, that children maintain the developmental and 
educational gains achieved in Head Start programs and build upon such 
gains in further schooling.
    (2) A Head Start agency may take steps to coordinate with the local 
educational agency serving the community involved and with schools in 
which children participating in a Head Start program operated by such 
agency will enroll following such program, including--
        (A) collaborating on the shared use of transportation and 
    facilities; and
        (B) exchanging information on the provision of noneducational 
    services to such children.

    (3) In order to promote the continued involvement of the parents of 
children that participate in Head Start programs in the education of 
their children upon transition to school, the Head Start agency shall--
        (A) provide training to the parents--
            (i) to inform the parents about their rights and 
        responsibilities concerning the education of their children; and
            (ii) to enable the parents to understand and work with 
        schools in order to communicate with teachers and other school 
        personnel, to support the school work of their children, and to 
        participate as appropriate in decisions relating to the 
        education of their children; and

        (B) take other actions, as appropriate and feasible, to support 
    the active involvement of the parents with schools, school 
    personnel, and school-related organizations.

    (4) The Secretary, in cooperation with the Secretary of Education, 
shall--
        (A) evaluate the effectiveness of the projects and activities 
    funded under section 9837a of this title;
        (B) disseminate to Head Start agencies information (including 
    information from the evaluation required by subparagraph (A)) on 
    effective policies and activities relating to the transition of 
    children from Head Start programs to public schools; and
        (C) provide technical assistance to such agencies to promote and 
    assist such agencies to adopt and implement such effective policies 
    and activities.

(e) Assessment when hiring or evaluating classroom teachers

    Head Start agencies shall adopt, in consultation with experts in 
child development and with classroom teachers, an assessment to be used 
when hiring or evaluating any classroom teacher in a center-based Head 
Start program. Such assessment shall measure whether such teacher has 
mastered the functions described in section 9843a(a)(1) of this title.

(Pub. L. 97-35, title VI, Sec. 642, Aug. 13, 1981, 95 Stat. 502; Pub. L. 
99-425, title I, Sec. 103, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101-
501, title I, Sec. 109, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102-401, 
Sec. 2(i), (k)(3), Oct. 7, 1992, 106 Stat. 1957, 1959; Pub. L. 103-252, 
title I, Sec. 109, May 18, 1994, 108 Stat. 634; Pub. L. 105-285, title 
I, Sec. 109, Oct. 27, 1998, 112 Stat. 2716.)

                       References in Text

    Part B of chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965, referred to in subsecs. (b)(5) and (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. (c), 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. 109(1), inserted ``or for-
profit'' after ``nonprofit''.
    Subsec. (b)(6). Pub. L. 105-285, Sec. 109(2)(E), added par. (6). 
Former par. (6) redesignated (7).
    Subsec. (b)(6)(D) to (F). Pub. L. 105-285, Sec. 109(2)(A), struck 
out subpar. (D) which read as follows: ``substance abuse counseling;'' 
and further directed the amendment of par. (6) ``by redesignating 
subparagraphs (E) and (F) and subparagraphs (D) and (E), respectively'', 
which was executed by redesignating subpars. (E) and (F) as (D) and (E), 
respectively, to reflect the probable intent of Congress.
    Subsec. (b)(7). Pub. L. 105-285, Sec. 109(2)(D), redesignated par. 
(6) as (7). Former par. (7) redesignated (8).
    Subsec. (b)(8). Pub. L. 105-285, Sec. 109(2)(D), (F), redesignated 
par. (7) as (8) and substituted ``paragraphs (4) through (7)'' for 
``paragraphs (4) through (6)''. Former par. (8) redesignated (9).
    Pub. L. 105-285, Sec. 109(2)(B), struck out ``and'' at end.
    Subsec. (b)(9). Pub. L. 105-285, Sec. 109(2)(D), redesignated par. 
(8) as (9). Former par. (9) redesignated (10).
    Pub. L. 105-285, Sec. 109(2)(C), substituted ``; and'' for period at 
end.
    Subsec. (b)(10). Pub. L. 105-285, Sec. 109(2)(D), redesignated par. 
(9) as (10).
    Subsec. (b)(11). Pub. L. 105-285, Sec. 109(2)(G), added par. (11).
    Subsec. (c). Pub. L. 105-285, Sec. 109(3), inserted ``and 
collaborate'' after ``shall coordinate'' and ``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.)'' and 
substituted ``the State program carried out under the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and other 
early childhood education and development'' for ``section 602(g) of this 
title, and other''.
    Subsec. (d)(1). Pub. L. 105-285, Sec. 109(4)(A), substituted ``take 
steps to ensure, to the maximum extent possible, that children 
maintain'' for ``carry out the actions specified in this subsection, to 
the extent feasible and appropriate in the circumstances (including the 
extent to which such agency is able to secure the cooperation of parents 
and schools) to enable children to maintain'' and ``build'' for ``to 
build'' and inserted ``and educational'' after ``developmental''.
    Subsec. (d)(2), (3). Pub. L. 105-285, Sec. 109(4)(B), (C), 
redesignated pars. (3) and (4) as (2) and (3), respectively, and struck 
out former par. (2) which related to coordination between Head Start 
agency and local education agency and schools.
    Subsec. (d)(4). Pub. L. 105-285, Sec. 109(4)(C), redesignated par. 
(5) as (4). Former par. (4) redesignated (3).
    Subsec. (d)(4)(A). Pub. L. 105-285, Sec. 109(4)(D), substituted 
``section 9837a of this title'' for ``the Head Start Transition Project 
Act (42 U.S.C. 9855 et seq.)''.
    Subsec. (d)(5). Pub. L. 105-285, Sec. 109(4)(C), redesignated par. 
(5) as (4).
    Subsec. (e). Pub. L. 105-285, Sec. 109(5), added subsec. (e).
    1994--Subsec. (b). Pub. L. 103-252, Sec. 109(1), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``In order 
to be so designated, a Head Start agency must also (1) establish 
effective procedures by which parents and area residents concerned will 
be enabled to directly participate in decisions that influence the 
character of programs affecting their interests; (2) provide for their 
regular participation in the implementation of such programs; (3) 
provide technical and other support needed to enable parents and area 
residents to secure on their own behalf available assistance from public 
and private sources; (4) involve parents of children participating in 
its Head Start program in appropriate educational services (in 
accordance with the performance standards in effect upon 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; (5) establish procedures to seek 
reimbursement, to the extent feasible, from other agencies for services 
for which any such other agency is responsible, which are provided to a 
Head Start participant by the Head Start agency; (6) provide (directly 
or through referral to educational services available in the community) 
parents of children participating in its Head Start program with child 
development and literacy skills training in order to aid their children 
to attain their full potential; and (7) consider providing services to 
assist younger siblings of children participating in its Head Start 
program to obtain health services from other sources.''
    Subsec. (c). Pub. L. 103-252, Sec. 109(2), struck out ``schools that 
will subsequently serve children in Head Start programs,'' after 
``coordinate with'' and 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 ``other programs''.
    Subsec. (d). Pub. L. 103-252, Sec. 109(3), added subsec. (d).
    1992--Subsec. (b)(6), (7). Pub. L. 102-401, Sec. 2(i), added cls. 
(6) and (7).
    Subsec. (c). Pub. L. 102-401, Sec. 2(k)(3), substituted 
``subchapter'' for ``subtitle''.
    1990--Subsec. (b)(4), (5). Pub. L. 101-501, Sec. 109(1), added cl. 
(4) and redesignated former cl. (4) as (5).
    Subsec. (c). Pub. L. 101-501, Sec. 109(2), substituted ``with 
schools that will subsequently serve children in Head Start programs, 
the State agency responsible for administering section 602(g) of this 
title, and other programs serving the children and families served by 
the Head Start agency to carry out the provisions of this subtitle'' for 
``with other State and local programs serving the children in the Head 
Start agency to carry out the provisions of this subsection''.
    1986--Subsec. (c). Pub. L. 99-425 inserted ``State and local'' 
before ``programs''.


                    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

    Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not 
applicable with respect to fiscal years beginning before Oct. 1, 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.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section 1001 
of Pub. L. 99-425, set out as a note under section 8621 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 9836, 9836a of this title.
