
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: 42USC9843a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9843a. Staff qualifications and development


(a) Classroom teachers

                    (1) Professional requirements

        The Secretary shall ensure that each Head Start classroom in a 
    center-based program is assigned one teacher who has demonstrated 
    competency to perform functions that include--
            (A) planning and implementing learning experiences that 
        advance the intellectual and physical development of children, 
        including improving the readiness of children for school by 
        developing their literacy and phonemic, print, and numeracy 
        awareness, their understanding and use of language, their 
        understanding and use of increasingly complex and varied 
        vocabulary, their appreciation of books, and their problem 
        solving abilities;
            (B) establishing and maintaining a safe, healthy learning 
        environment;
            (C) supporting the social and emotional development of 
        children; and
            (D) encouraging the involvement of the families of the 
        children in a Head Start program and supporting the development 
        of relationships between children and their families.

                       (2) Degree requirements

        (A) In general

            The Secretary shall ensure that not later than September 30, 
        2003, at least 50 percent of all Head Start teachers nationwide 
        in center-based programs have--
                (i) an associate, baccalaureate, or advanced degree in 
            early childhood education; or
                (ii) an associate, baccalaureate, or advanced degree in 
            a field related to early childhood education, with 
            experience in teaching preschool children.

        (B) Progress

            The Secretary shall require Head Start agencies to 
        demonstrate continuing progress each year to reach the result 
        described in subparagraph (A).

             (3) Alternative credentialing requirements

        The Secretary shall ensure that, for center-based programs, each 
    Head Start classroom that does not have a teacher that meets the 
    requirements of clause (i) or (ii) of paragraph (2)(A) is assigned 
    one teacher who has--
            (A) a child development associate credential that is 
        appropriate to the age of the children being served in center-
        based programs;
            (B) a State-awarded certificate for preschool teachers that 
        meets or exceeds the requirements for a child development 
        associate credential; or
            (C) a degree in a field related to early childhood education 
        with experience in teaching preschool children and a State-
        awarded certificate to teach in a preschool program.

                             (4) Waiver

        (A) In general

            On request, the Secretary shall grant a 180-day waiver of 
        the requirements of paragraph (3), for a Head Start agency that 
        can demonstrate that the agency has unsuccessfully attempted to 
        recruit an individual who has a credential, certificate, or 
        degree described in paragraph (3), with respect to an individual 
        who--
                (i) is enrolled in a program that grants any such 
            credential, certificate, or degree; and
                (ii) will receive such credential, certificate, or 
            degree under the terms of such program not later than 180 
            days after beginning employment as a teacher with such 
            agency.

        (B) Limitation

            The Secretary may not grant more than one such waiver with 
        respect to such individual.

(b) Mentor teachers

              (1) ``Mentor teacher'' defined; function

        For purposes of this subsection, the term ``mentor teacher'' 
    means an individual responsible for observing and assessing the 
    classroom activities of a Head Start program and providing on-the-
    job guidance and training to the Head Start program staff and 
    volunteers, in order to improve the qualifications and training of 
    classroom staff, to maintain high quality education services, and to 
    promote career development, in Head Start programs.

                           (2) Requirement

        In order to assist Head Start agencies in establishing positions 
    for mentor teachers, the Secretary shall--
            (A) provide technical assistance and training to enable Head 
        Start agencies to establish such positions;
            (B) give priority consideration, in providing assistance 
        pursuant to subparagraph (A), to Head Start programs that have 
        substantial numbers of new classroom staff or that are 
        experiencing difficulty in meeting applicable education 
        standards;
            (C) encourage Head Start programs to give priority 
        consideration for such positions to Head Start teachers at the 
        appropriate level of career advancement in such programs; and
            (D) promote the development of model curricula, designed to 
        ensure the attainment of appropriate competencies of mentor 
        teachers in Head Start programs.

(c) Family service workers

    In order to improve the quality and effectiveness of staff providing 
in-home and other services (including needs assessment, development of 
service plans, family advocacy, and coordination of service delivery) to 
families of children participating in Head Start programs, the 
Secretary, in coordination with concerned public and private agencies 
and organizations examining the issues of standards and training for 
family service workers, shall--
        (1) review and, as necessary, revise or develop new 
    qualification standards for Head Start staff providing such 
    services;
        (2) promote the development of model curricula (on subjects 
    including parenting training and family literacy) designed to ensure 
    the attainment of appropriate competencies by individuals working or 
    planning to work in the field of early childhood and family 
    services; and
        (3) promote the establishment of a credential that indicates 
    attainment of the competencies and that is accepted nationwide.

(d) Head Start Fellowships

                            (1) Authority

        The Secretary may establish a program of fellowships, to be 
    known as ``Head Start Fellowships'', in accordance with this 
    subsection. The Secretary may award the fellowships to individuals, 
    to be known as ``Head Start Fellows'', who are staff in local Head 
    Start programs or other individuals working in the field of child 
    development and family services.

                             (2) Purpose

        The fellowship program established under this subsection shall 
    be designed to enhance the ability of Head Start Fellows to make 
    significant contributions to programs authorized under this 
    subchapter, by providing opportunities to expand their knowledge and 
    experience through exposure to activities, issues, resources, and 
    new approaches, in the field of child development and family 
    services.

                     (3) Assignments of Fellows

        (A) Placement sites

            Fellowship positions under the fellowship program may be 
        located (subject to subparagraphs (B) and (C))--
                (i) in agencies of the Department of Health and Human 
            Services administering programs authorized under this 
            subchapter (in national or regional offices of such 
            agencies);
                (ii) in local Head Start agencies and programs;
                (iii) in institutions of higher education;
                (iv) in public or private entities and organizations 
            concerned with services to children and families; and
                (v) in other appropriate settings.

        (B) Limitation for Fellows other than Head Start employees

            A Head Start Fellow who is not an employee of a local Head 
        Start agency or program may be placed only in a fellowship 
        position located in an agency or program specified in clause (i) 
        or (ii) of subparagraph (A).

        (C) No placement in lobbying organizations

            Head Start Fellowship positions may not be located in any 
        agency whose primary purpose, or one of whose major purposes, is 
        to influence Federal, State, or local legislation.

                      (4) Selection of Fellows

        Head Start Fellowships shall be awarded on a competitive basis 
    to individuals (other than Federal employees) selected from among 
    applicants who are working, on the date of application, in local 
    Head Start programs or otherwise working in the field of child 
    development and children and family services.

                            (5) Duration

        Head Start Fellowships shall be for terms of 1 year, and may be 
    renewed for a term of 1 additional year.

                     (6) Authorized expenditures

        From amounts appropriated under this subchapter and allotted 
    under section 9835(a)(2)(D) of this title, the Secretary is 
    authorized to make expenditures of not to exceed $1,000,000 for any 
    fiscal year, for stipends and other reasonable expenses of the 
    fellowship program.

                        (7) Status of Fellows

        Except as otherwise provided in this paragraph, Head Start 
    Fellows shall not be considered to be employees or otherwise in the 
    service or employment of the Federal Government. Head Start Fellows 
    shall be considered to be employees for purposes of compensation for 
    injuries under chapter 81 of title 5. Head Start Fellows assigned to 
    positions located in agencies specified in paragraph (3)(A)(i) shall 
    be considered employees in the executive branch of the Federal 
    Government for the purposes of chapter 11 of title 18 and for 
    purposes of any administrative standards of conduct applicable to 
    the employees of the agency to which they are assigned.

                           (8) Regulations

        The Secretary shall promulgate regulations to carry out this 
    subsection.

(e) Model staffing plans

    Not later than 1 year after May 18, 1994, the Secretary, in 
consultation with appropriate public agencies, private agencies, and 
organizations and with individuals with expertise in the field of 
children and family services, shall develop model staffing plans to 
provide guidance to local Head Start agencies and programs on the 
numbers, types, responsibilities, and qualifications of staff required 
to operate a Head Start program.

(Pub. L. 97-35, title VI, Sec. 648A, as added Pub. L. 103-252, title I, 
Sec. 115, May 18, 1994, 108 Stat. 643; amended Pub. L. 105-285, title I, 
Sec. 115, Oct. 27, 1998, 112 Stat. 2722.)


                               Amendments

    1998--Subsec. (a). Pub. L. 105-285, Sec. 115(1), amended heading and 
text of subsec. (a) generally. Prior to amendment, subsec. (a) required 
Secretary to ensure that not later than Sept. 30, 1996, each Head Start 
classroom in a center-based program was assigned a teacher with certain 
specified credentials and gave Secretary limited authority to waive that 
requirement.
    Subsec. (b)(2)(B). Pub. L. 105-285, Sec. 115(2), substituted ``staff 
or that are'' for ``staff, that are'' and struck out ``, or that lack 
staff of a similar cultural background to that of the participating 
children and their families'' before semicolon.


                             Effective Date

    Section 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 an Effective Date of 1994 Amendment note 
under section 9832 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 9835, 9837 of this title.
