42 U.S.C. § 9844 — Research, demonstrations, and evaluation

**(a) In general** (1) **Requirement; general purposes** — The Secretary shall carry out a continuing program of research, demonstration, and evaluation activities, in order to— (A) foster continuous improvement in the quality of the Head Start programs under this subchapter and in their effectiveness in enabling participating children and their families to succeed in school and otherwise; and (B) use the Head Start programs to develop, test, and disseminate new ideas based on existing scientifically valid research, for addressing the needs of low-income preschool children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care) and their families and communities (including demonstrations of innovative non-center-based program models such as home-based and mobile programs), and otherwise to further the purposes of this subchapter. (2) **Plan** — The Secretary shall develop, and periodically update, a plan governing the research, demonstration, and evaluation activities under this section. **(b) Conduct of research, demonstration, and evaluation activities** The Secretary, in order to conduct research, demonstration, and evaluation activities under this section— (1) may carry out such activities directly, or through grants to, or contracts or cooperative agreements with, public or private entities; (2) shall, to the extent appropriate, undertake such activities in collaboration with other Federal agencies, and with non-Federal agencies, conducting similar activities; (3) shall ensure that evaluation of activities in a specific program or project is conducted by persons not directly involved in the operation of such program or project; (4) may require Head Start agencies to provide for independent evaluations; (5) may approve, in appropriate cases, community-based cooperative research and evaluation efforts to enable Head Start programs to collaborate with qualified researchers not directly involved in program administration or operation; and (6) may collaborate with organizations with expertise in inclusive educational strategies for preschoolers with disabilities. **(c) Consultation and collaboration** In carrying out activities under this section, the Secretary shall— (1) consult with— (A) individuals from relevant academic disciplines; (B) individuals who are involved in the operation of Head Start programs and individuals who are involved in the operation of other child and family service programs; and (C) individuals from other Federal agencies, and individuals from organizations, involved with children and families, ensuring that the individuals described in this subparagraph reflect the multicultural nature of the children and families served by the Head Start programs and the multidisciplinary nature of the Head Start programs; (2) whenever feasible and appropriate, obtain the views of persons participating in and served by programs and projects assisted under this subchapter with respect to activities under this section; and (3) establish, to the extent appropriate, working relationships with the faculties of institutions of higher education, as defined in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim), located in the area in which any evaluation under this section is being conducted, unless there is no such institution of higher education willing and able to participate in such evaluation. **(d) Specific objectives** The research, demonstration, and evaluation activities under this subchapter shall include components designed to— (1) permit ongoing assessment of the quality and effectiveness of the programs under this subchapter; (2) establish evaluation methods that measure the effectiveness and impact of family literacy services program models, including models for the integration of family literacy services with Head Start services; (3) contribute to developing knowledge concerning factors associated with the quality and effectiveness of Head Start programs and in identifying ways in which services provided under this subchapter may be improved; (4) assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of children and their families both during and following participation in a Head Start program; (5) (A) identify successful strategies that promote good oral health and provide effective linkages to quality dental services through pediatric dental referral networks, for infants and toddlers participating in Early Head Start programs and children participating in other Head Start programs; and (B) identify successful strategies that promote good vision health through vision screenings for such infants, toddlers, and children, and referrals for appropriate followup care for those identified as having a vision problem; (6) permit comparisons of children and families participating in Head Start programs with children and families receiving other child care, early childhood education and development or services 11 So in original. Probably should be “services or”. programs and with other appropriate control groups; (7) contribute to understanding the characteristics and needs of population groups eligible for services provided under this subchapter and the impact of such services on the individuals served and the communities in which such services are provided; (8) provide for disseminating and promoting the use of the findings from such research, demonstration, and evaluation activities; (9) promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this subchapter; and (10) (A) contribute to understanding the impact of Head Start services delivered in classrooms which include both children with disabilities and children without disabilities, on all of the children; and (B) disseminate promising practices for increasing the availability and quality of such services and such classrooms. **(e) Longitudinal studies** In developing priorities for research, demonstration, and evaluation activities under this section, the Secretary shall give special consideration to longitudinal studies that— (1) examine the developmental progress of children and their families both during and following participation in a Head Start program, including the examination of factors that contribute to or detract from such progress; (2) examine factors related to improving the quality of the Head Start programs and the preparation the programs provide for children and their families to function effectively in schools and other settings in the years following participation in such a program; and (3) as appropriate, permit comparison of children and families participating in Head Start programs with children and families receiving other early childhood education and development services or programs, and with other appropriate control groups. **(f) Ownership of results** The Secretary shall take necessary steps to ensure that all studies, reports, proposals, and data produced or developed with Federal funds under this subchapter shall become the property of the United States. **(g) National Head Start impact research** (1) **Expert panel** (A) *In general* — The Secretary shall appoint an independent panel consisting of experts in program evaluation and research, education, and early childhood programs— (i) to review, and make recommendations on, the design and plan for the research (whether conducted as a single assessment or as a series of assessments) described in paragraph (2), within 1 year after October 27, 1998; (ii) to maintain and advise the Secretary regarding the progress of the research; and (iii) to comment, if the panel so desires, on the interim and final research reports submitted under paragraph (7). (B) *Travel expenses* — The members of the panel shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the panel. Notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary may accept the voluntary and uncompensated services of members of the panel. (2) **General authority** — After reviewing the recommendations of the expert panel, the Secretary shall make a grant to, or enter into a contract or cooperative agreement with, an organization to conduct independent research that provides a national analysis of the impact of Head Start programs. The Secretary shall ensure that the organization shall have expertise in program evaluation, and research, education, and early childhood programs. (3) **Designs and techniques** — The Secretary shall ensure that the research uses rigorous methodological designs and techniques (based on the recommendations of the expert panel), including longitudinal designs, control groups, nationally recognized standardized measures, and random selection and assignment, as appropriate. The Secretary may provide that the research shall be conducted as a single comprehensive assessment or as a group of coordinated assessments designed to provide, when taken together, a national analysis of the impact of Head Start programs. (4) **Programs** — The Secretary shall ensure that the research focuses primarily on Head Start programs that operate in the 50 States, the Commonwealth of Puerto Rico, or the District of Columbia and that do not specifically target special populations. (5) **Analysis** — The Secretary shall ensure that the organization conducting the research— (A) (i) determines if, overall, the Head Start programs have impacts consistent with their primary goal of increasing the social competence of children, by increasing the everyday effectiveness of the children in dealing with their present environments and future responsibilities, and increasing their school readiness; (ii) considers whether the Head Start programs— (I) enhance the growth and development of children in cognitive, emotional, and physical health areas; (II) strengthen families as the primary nurturers of their children; and (III) ensure that children attain school readiness; and (iii) examines— (I) the impact of the Head Start programs on increasing access of children to such services as educational, health, and nutritional services, and linking children and families to needed community services; and (II) how receipt of services described in subclause (I) enriches the lives of children and families participating in Head Start programs; (B) examines the impact of Head Start programs on participants on the date the participants leave Head Start programs, at the end of kindergarten and at the end of first grade (whether in public or private school), by examining a variety of factors, including educational achievement, referrals for special education or remedial course work, and absenteeism; (C) makes use of random selection from the population of all Head Start programs described in paragraph (4) in selecting programs for inclusion in the research; and (D) includes comparisons of individuals who participate in Head Start programs with control groups (including comparison groups) composed of— (i) individuals who participate in other early childhood programs (such as public or private preschool programs and day care); and (ii) individuals who do not participate in any other early childhood program. (6) **Consideration of sources of variation** — In designing the research, the Secretary shall, to the extent practicable, consider addressing possible sources of variation in impact of Head Start programs, including variations in impact related to such factors as— (A) Head Start program operations; (B) Head Start program quality; (C) the length of time a child attends a Head Start program; (D) the age of the child on entering the Head Start program; (E) the type of organization (such as a local educational agency or a community action agency) providing services for the Head Start program; (F) the number of hours and days of program operation of the Head Start program (such as whether the program is a full-working-day, full calendar year program, a part-day program, or a part-year program); and (G) other characteristics and features of the Head Start program (such as geographic location, location in an urban or a rural service area, or participant characteristics), as appropriate. (7) **Reports** (A) *Submission of interim reports* — The organization shall prepare and submit to the Secretary two interim reports on the research. The first interim report shall describe the design of the research, and the rationale for the design, including a description of how potential sources of variation in impact of Head Start programs have been considered in designing the research. The second interim report shall describe the status of the research and preliminary findings of the research, as appropriate. (B) *Submission of final report* — The organization shall prepare and submit to the Secretary a final report containing the findings of the research. (C) *Transmittal of report to Congress* — Not later than September 30, 2009, the Secretary shall transmit the final report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (8) **Definition** — In this subsection, the term “impact”, used with respect to a Head Start program, means a difference in an outcome for a participant in the program that would not have occurred without the participation in the program. **(h) Limited English proficient children** (1) **Study** — Not later than 1 year after December 12, 2007, the Secretary shall conduct a study on the status of limited English proficient children and their families participating in Head Start programs (including Early Head Start programs). (2) **Report** — The Secretary shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than September 30, 2010, a report containing the results of the study, including information on— (A) the demographics of limited English proficient children from birth through age 5, including the number of such children receiving Head Start services and Early Head Start services, and the geographic distribution of children described in this subparagraph; (B) the nature of the Head Start services and of the Early Head Start services provided to limited English proficient children and their families, including the types, content, duration, intensity, and costs of family services, language assistance, and educational services; (C) procedures in Head Start programs and Early Head Start programs for the assessment of language needs and the transition of limited English proficient children to kindergarten, including the extent to which such programs meet the requirements of [section 9837a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9837a&num=0&edition=prelim) for limited English proficient children; (D) the qualifications and training provided to Head Start teachers and Early Head Start teachers who serve limited English proficient children and their families; (E) the languages in which Head Start teachers and Early Head Start teachers are fluent, in relation to the population, and instructional needs, of the children served; (F) the rate of progress made by limited English proficient children and their families in Head Start programs and in Early Head Start programs, including— (i) the rate of progress made by limited English proficient children toward meeting the additional educational standards described in [section 9836a(a)(1)(B)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9836a/a/1/B/ii&num=0&edition=prelim) while enrolled in such programs; (ii) a description of the type of assessment or assessments used to determine the rate of progress made by limited English proficient children; (iii) the correlation between such progress and the type and quality of instruction and educational programs provided to limited English proficient children; and (iv) the correlation between such progress and the health and family services provided by such programs to limited English proficient children and their families; and (G) the extent to which Head Start programs and Early Head Start programs make use of funds under [section 9835(a)(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9835/a/2/D&num=0&edition=prelim) to improve the quality of such services provided to limited English proficient children and their families. **(i) Research and evaluation activities relevant to diverse communities** For purposes of conducting the study described in subsection (h), activities described in section 9835(l)(5)(A) of this title, and other research and evaluation activities relevant to limited English proficient children and their families, migrant and seasonal farmworker families, and other families from diverse populations served by Head Start programs, the Secretary shall award, on a competitive basis, funds from amounts made available under [section 9835(a)(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9835/a/2/D&num=0&edition=prelim) to 1 or more organizations with a demonstrated capacity for serving and studying the populations involved. **(j) Review of assessments** (1) **Application of study** — When the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences is made available to the Secretary, the Secretary shall— (A) integrate the results of the study, as appropriate and in accordance with paragraphs (2) and (3), into each assessment used in Head Start programs; and (B) use the results of the study to develop, inform, and revise as appropriate the standards and measures described in [section 9836a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9836a&num=0&edition=prelim), consistent with [section 9836a(a)(2)(C)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9836a/a/2/C/ii&num=0&edition=prelim). (2) **Inform and revise** — In informing and revising any assessment used in the Head Start programs, the Secretary shall— (A) receive recommendations from the Panel on Developmental Outcomes and Assessments for Young Children of the National Academy of Sciences; and (B) with respect to the development or refinement of such assessment, ensure— (i) consistency with relevant, nationally recognized professional and technical standards; (ii) validity and reliability for all purposes for which assessments under this subchapter are designed and used; (iii) developmental and linguistic appropriateness of such assessments for children assessed, including children who are limited English proficient; and (iv) that the results can be used to improve the quality of, accountability of, and training and technical assistance in, Head Start programs. (3) **Additional requirements** — The Secretary, in carrying out the process described in paragraph (2), shall ensure that— (A) staff administering any assessments under this subchapter have received appropriate training to administer such assessments; (B) appropriate accommodations for children with disabilities and children who are limited English proficient are made; (C) the English and Spanish (and any other language, as appropriate) forms of such assessments are valid and reliable in the languages in which they are administered; and (D) such assessments are not used to exclude children from Head Start programs. (4) **Suspended implementation of national reporting system** — The Secretary shall suspend implementation and terminate further development and use of the National Reporting System. **(k) Indian Head Start study** The Secretary shall— (1) work in collaboration with the Head Start agencies that carry out Indian Head Start programs, the Indian Head Start collaboration director, and other appropriate entities, including tribal governments and the National Indian Head Start Directors Association— (A) to undertake a study or set of studies designed to focus on the American Indian and Alaska Native Head Start-eligible population, with a focus on issues such as curriculum development, availability and need for services, appropriate research methodologies and measures for these populations, and best practices for teaching and educating American Indian and Alaska Native Head Start Children; (B) to accurately determine the number of children nationwide who are eligible to participate in Indian Head Start programs each year; (C) to document how many of these children are receiving Head Start services each year; (D) to the extent practicable, to ensure that access to Indian Head Start programs for eligible children is comparable to access to other Head Start programs for other eligible children; and (E) to make the funding decisions required in [section 9835(a)(4)(D)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9835/a/4/D/ii&num=0&edition=prelim), after completion of the studies required in that section, taking into account— (i) the Federal government’s 22 So in original. Probably should be capitalized. unique trust responsibility to American Indians and Alaska Natives; (ii) limitations faced by tribal communities in accessing non-Federal sources of funding to supplement Federal funding for early childhood programs; and (iii) other factors that uniquely and adversely impact children in American Indian and Alaska Native communities such as highly elevated poverty, unemployment and violent crime rates, as well as depressed levels of educational achievement and limited access to non-Federal health, social and educational resources; (2) in carrying out paragraph (1), consult with the Secretary of Education about the Department of Education’s systems for collecting and reporting data about, and maintaining records on, American Indian and Alaska Native students; (3) not later than 9 months after the effective date of this subsection, publish in the Federal Register a notice of how the Secretary plans to carry out paragraph (1) and shall provide a period for public comment. To the extent practicable, the Secretary shall consider comments received before submitting a report to the Congress; (4) not later than 1 year after the effective date of this subsection, submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, detailing how the Department of Health and Human Services plans to carry out paragraph (1); (5) through regulation, ensure the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary, by Head Start agencies that carry out Indian Head Start programs, and by State Directors of Head Start Collaboration, by the Indian Head Start Collaboration Project Director and by other appropriate entities pursuant to this subsection (such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under [section 1232g of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim)); and (6) ensure that nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this subsection. **(l) Migrant and seasonal Head Start program study** (1) **Data** — In order to increase access to Head Start services for children of migrant and seasonal farmworkers, the Secretary shall work in collaboration with providers of migrant and seasonal Head Start programs, the Secretary of Agriculture, the Secretary of Labor, the Bureau of Migrant Health, and the Secretary of Education to— (A) collect, report, and share data, within a coordinated system, on children of migrant and seasonal farmworkers and their families, including health records and educational documents of such children, in order to adequately account for the number of children of migrant and seasonal farmworkers who are eligible for Head Start services and determine how many of such children receive the services; and (B) identify barriers that prevent children of migrant and seasonal farmworkers who are eligible for Head Start services from accessing Head Start services, and develop a plan for eliminating such barriers, including certain requirements relating to tracking, health records, and educational documents, and increasing enrollment. (2) **Publication of plan** — Not later than 1 year after December 12, 2007, the Secretary shall publish in the Federal Register a notice about how the Secretary plans to implement the activities identified in paragraph (1) and shall provide a period for public comment. To the extent practicable, the Secretary shall consider comments received before implementing any of the activities identified in paragraph (1). (3) **Report** — Not later than 18 months after December 12, 2007, and annually thereafter, the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate detailing how the Secretary plans to implement the activities identified in paragraph (1), including the progress made in reaching out to and serving eligible children of migrant and seasonal farmworkers, and information on States where such children are still underserved. (4) **Protection of confidentiality** — The Secretary shall, through regulation, ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary, by Head Start agencies that carry out migrant or seasonal Head Start programs, by the State director of Head Start Collaboration, and by the Migrant and Seasonal Farmworker Collaboration project Director (such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under [section 1232g of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim)). (5) **Rule of construction** — Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on individuals involved in studies or other collections of data under this subsection. **(m) Program emergency preparedness** (1) **Purpose** — The purpose of this subsection is to evaluate the emergency preparedness of the Head Start programs, including Early Head Start programs, and make recommendations for how Head Start shall enhance its readiness to respond to an emergency. (2) **Study** — The Secretary shall evaluate the Federal, State, and local preparedness of Head Start programs, including Early Head Start programs, to respond appropriately in the event of a large-scale emergency, such as the hurricanes Katrina, Rita, and Wilma, the terrorist attacks of September 11, 2001, or other incidents where assistance may be warranted under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.). (3) **Report to Congress** — Not later than 18 months after December 12, 2007, the Secretary shall prepare and submit to Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of the evaluation required under paragraph (2), including— (A) recommendations for improvements to Federal, State, and local preparedness and response capabilities to large-scale emergencies, including those that were developed in response to hurricanes Katrina, Rita, and Wilma, as they relate to Head Start programs, including Early Head Start programs, and the Secretary’s plan to implement such recommendations; (B) an evaluation of the procedures for informing families of children in Head Start programs about the program protocols for response to a large-scale emergency, including procedures for communicating with such families in the event of a large-scale emergency; (C) an evaluation of such procedures for staff training on State and local evacuation and emergency protocols; and (D) an evaluation of procedures for Head Start agencies and the Secretary to coordinate with appropriate Federal, State, and local emergency management agencies in the event of a large scale emergency and recommendations to improve such procedures.