[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48558-48559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20848]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1302
RIN 0970-AC78
Head Start Program
AGENCY: Office of Head Start (OHS), Administration for Children and
Families (ACF), Department of Health and Human Services (HHS).
ACTION: Final rule; delay of compliance date.
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SUMMARY: The Office of Head Start will further delay the compliance
date for programs to meet background checks requirements and
participate in their state or local Quality Rating and Improvement
Systems (QRIS). The Department delayed the compliance dates for these
standards through a previous document in the Federal Register. Since
then, we have learned programs could benefit from more time as they
work to align with state systems to meet these federal standards.
DATES: The date for programs to comply with background checks
procedures as described in 45 CFR 1302.90(b) and to participate in QRIS
as described in 45 CFR 1302.53(b)(2), as published at 81 FR 61294 and
delayed at 81 FR 87843 and 82 FR 45205, is further delayed until
September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Office of Head Start,
Planning, Oversight, and Policy Division Director, (202) 358-3263,
[email protected]. Deaf and hearing impaired individuals may call
the Federal Dual Party Relay Service at 1-800-877-8339 between 8 a.m.
and 7 p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
Background
The Head Start Program Performance Standards (81 FR 61294) define
standards grantees and delegate agencies must implement to operate high
quality Head Start or Early Head Start programs. As part of our effort
to prioritize child safety, we strengthened our criminal background
check procedures at 45 CFR 1302.90(b) in the final rule to reflect
changes in the Improving Head Start for School Readiness Act of 2007,
Public Law 110-134, and to complement background check requirements in
the Child Care and Development Block Grant (CCDBG) Act of 2014, Public
Law 113-186.
In addition to more comprehensive background check standards, we
aim to strengthen partnerships between states and Head Start programs.
At 45 CFR 1302.53(b) in the final rule, we require Head Start programs
to actively promote coordinated early childhood systems, including
those in their state. As part of these requirements, most Head Start
programs must participate in QRIS, if they meet certain conditions.
Currently, Head Start programs must comply with background check
requirements and participate in their states' QRIS, by September 30,
2018. We have already delayed the date for programs to comply with
background check requirements in the final rule to align with the
background check requirement deadline in the Child Care Development
Block Grant Act of 2014, Public Law 113-186, through a document
published in the Federal Register (82 FR 45205) on September 28, 2017.
In the same Federal Register document, we extended the date for
programs to participate in QRIS.
Through conversations with programs and states, we are concerned
programs are still not be able to fully implement either background
check or QRIS requirements by September 30, 2018, without assuming
unintended regulatory and administrative burden.
Background Checks Procedures in the Final Rule
Generally, 45 CFR 1302.90(b)(1) requires that before a person is
hired, programs must conduct a sex offender registry check and obtain
either a state or tribal criminal history records, including
fingerprint checks, or a Federal Bureau of Investigation (FBI) criminal
history records, including fingerprint checks.
In 45 CFR 1302.90(b)(2), (4), and (5), we afford programs 90 days
to obtain whichever check they could not obtain before the person was
hired, as well as child abuse and neglect state registry check, if
available. However, programs must ensure newly hired employees do not
have unsupervised access to children until their background check
process is complete. A complete background check process consists of a
sex offender registry check, state or tribal history records, including
fingerprint check and FBI criminal history records, including
fingerprint check, as well as a child abuse and neglect state registry
check, if available. We also require programs to conduct complete
background checks for each employee at least once every five years.
We believe programs require more time to implement systems to
complete the background checks process listed at 45 CFR 1302.90(b)(2),
(4), and (5) in our final rule. We aligned our compliance date for our
background checks requirements with the background check requirement
deadline the CCDBG Act because states that receive CCDBG funds are
required to establish systems that implement the same set of
comprehensive background checks for all child care teachers and staff.
These systems will enable Head Start programs to meet background check
requirements in the final rule.
We understand, however, states may request additional time-limited
waivers of up to two years, in one year increments (i.e., potentially
through September 30, 2020) to design systems that can accommodate our
programs' background checks requests. To minimize burden on programs,
we will
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extend the compliance date for 45 CFR 1302.90(b) to September 30, 2019.
However, until Head Start programs have systems in place that fully
comply with 45 CFR 1302.90(b), we require them to continue to adhere to
the criminal record check requirements in section 648A of the Head
Start Act, as amended by the Improving Head Start for School Readiness
Act of 2007, Public Law 110-134.
QRIS Requirement in the Final Rule
We require programs that meet certain conditions, except for
American Indian and Alaska Native programs, to participate in state or
local QRIS, as prescribed at 45 CFR 1302.53(b)(2) in the final rule. A
QRIS is a systemic approach to assess, improve, and communicate the
level of quality in early and school-age care and education programs
within a state or locality. It awards quality ratings to programs that
meet a set of criteria as defined by the QRIS. Criteria Head Start
programs must meet to enter the QRIS and maintain participation greatly
vary by state. We recognize many Head Start programs were already
participating in their state and local quality improvement efforts
before we introduced this standard to the final rule. Now that we have
included this standard in the final rule, we understand programs have
taken steps to participate in QRIS and that many states are assessing
their QRIS with new Head Start QRIS participation policies. However,
programs and states need additional time to align these systems. We
want to minimize any unintentional burden on states that choose to
adapt their systems to allow Head Start programs to participate in
QRIS, as well as alleviate programs' concerns about meeting the current
compliance date. To avoid duplication efforts between Head Start and
QRIS monitoring systems as well as eliminate undue burden on Head Start
programs and states as they work to align these systems, we will delay
the compliance date for this standard for another year.
Conclusion
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons for this finding in the
notice.
We find good cause to waive public comment under section 553(b) of
the APA because it is unnecessary and contrary to the public interest
to provide for public comment in this instance. States, localities, and
Head Start grantees will likely be subjected to undue and unnecessary
administrative burden as they expend time trying to find ways to
implement these standards without support from local and state law
enforcement agencies and without QRIS systems that can accommodate Head
Start programs. A period for public comment would only extend programs'
concerns as they attempt to meet these standards by the compliance
dates. Head Start programs are still required to comply with statutory
background check requirements in the Improving Head Start for School
Readiness Act of 2007, Public Law 110-134, until they can develop
systems that will enable them to conduct complete background checks
with fingerprints. Therefore, if we delay compliance dates, we will
pose no harm or burden to programs or the public. Moreover, programs
that already have systems in place to meet background check standards
at 45 CFR 1302.90(b) and to participate in their states' QRIS at 45 CFR
1302.53(b)(2) may voluntarily come into compliance by the compliance
date. However, programs that do not have systems in place have until
September 30, 2019 to comply.
Dated: September 14, 2018.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
Approved: September 20, 2018.
Alex M. Azar II,
Secretary.
[FR Doc. 2018-20848 Filed 9-25-18; 8:45 am]
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