42 U.S.C. § 9843a — Staff qualifications and development

Page 7891 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9843a Former pars. (5) and (6) redesignated (7) and (8), respec- tively. Subsec. (c)(7). Pub. L. 105–285, § 114(a)(2)(F), redesig- nated par. (5) as (7). Former par. (7) redesignated (9). Pub. L. 105–285, § 114(a)(2)(D), struck out ‘‘and’’ at end. Subsec. (c)(8). Pub. L. 105–285, § 114(a)(2)(F), redesig- nated par. (6) as (8). Former par. (8) redesignated (10). Pub. L. 105–285, § 114(a)(2)(E), substituted ‘‘; and’’ for period at end. Subsec. (c)(9), (10). Pub. L. 105–285, § 114(a)(2)(F), redes- ignated pars. (7) and (8) as (9) and (10), respectively. Subsec. (c)(11). Pub. L. 105–285, § 114(a)(2)(H), added par. (11). Subsec. (e). Pub. L. 105–285, § 114(b), inserted ‘‘(includ- ing services to promote the acquisition of the English language)’’ after ‘‘non-English language background children’’. 1994—Pub. L. 103–252, § 114(1), substituted ‘‘Technical assistance and training’’ for ‘‘Technical assistance, training, and staff qualifications’’ in section catchline. Subsec. (a). Pub. L. 103–252, § 114(3)(A), redesignated as subsec. (e) the last sentence which read as follows: ‘‘The Secretary shall provide, either directly or through grants or other arrangements, funds from pro- grams authorized under this subchapter to support an organization to administer a centralized child develop- ment and national assessment program leading to rec- ognized credentials for personnel working in early childhood development and child care programs, train- ing for personnel providing services to non-English lan- guage background children, training for personnel in helping children cope with community violence, and re- source access projects for personnel working with dis- abled children.’’ Pub. L. 103–252, § 114(2), substituted ‘‘(2) training for specialized or other personnel needed in connection with Head Start programs, in accordance with the proc- ess, and the provisions for allocating resources, set forth in subsections (b) and (c) of this section. The Sec- retary shall provide, either directly or through grants or other arrangements,’’ for ‘‘(2) training for special- ized or other personnel needed in connection with Head Start programs, including’’. Subsec. (b). Pub. L. 103–252, § 114(4), (5), added subsec. (b) and struck out former subsec. (b) which related to teacher qualifications and waiver of same. Subsec. (c). Pub. L. 103–252, § 114(4), (5), added subsec. (c) and struck out former subsec. (c) which related to Secretary developing systematic approach to training Head Start personnel and reporting on such approach to Congress. Subsec. (d). Pub. L. 103–252, § 114(6), inserted at end ‘‘Special consideration shall be given to entities that have demonstrated effectiveness in educational pro- gramming for preschool children that includes compo- nents for parental involvement, care provider training, and developmentally appropriate related activities.’’ Subsec. (e). Pub. L. 103–252, § 114(3), redesignated last sentence of subsec. (a) as (e). 1992—Subsec. (a)(2). Pub. L. 102–586, § 7(b)(1), sub- stituted ‘‘funds from programs authorized under this subchapter to support an organization to administer a centralized child development and national assessment program leading to recognized credentials for personnel working in early childhood development and child care programs, training for personnel providing services to non-English language background children, training for personnel in helping children cope with community vi- olence, and resource access projects for personnel working with disabled’’ for ‘‘a centralized child devel- opment training and national assessment program which may be administered at the State or local level leading to recognized credentials for such personnel, training for personnel providing services to non- English language background children, and resource access projects for personnel of handicapped’’. Subsecs. (c), (d). Pub. L. 102–586, § 7(b)(2), added sub- secs. (c) and (d). 1990—Pub. L. 101–501 substituted ‘‘Technical assist- ance, training, and staff qualifications’’ for ‘‘Technical assistance and training’’ in section catchline, des- ignated existing provisions as subsec. (a), inserted ‘‘training for personnel providing services to non- English language background children,’’ after ‘‘such personnel,’’ in cl. (2), and added subsec. (b). 1984—Pub. L. 98–558 substituted ‘‘shall’’ for ‘‘may’’ and inserted provision including a centralized child de- velopment training and national assessment program. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other re- cipients 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 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. HEAD START TRAINING IMPROVEMENT Pub. L. 102–586, § 7(a), Nov. 4, 1992, 106 Stat. 5034, pro- vided that: ‘‘It is the purpose of this section— ‘‘(1) to promote continued access for Head Start and other early childhood staff to the Child Development Associate credential; ‘‘(2) to increase the ability of Head Start staff to address the problems facing Head Start families; ‘‘(3) to create a systematic approach to training, thereby improving the quality of Head Start instruc- tion and using training funds more efficiently and ef- fectively; and ‘‘(4) to allow the use of training funds for creative approaches to learning for children.’’ § 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 1 teacher who has demonstrated com- petency to perform functions that include— (A) planning and implementing learning experiences that advance the intellectual and physical development of children, in- cluding improving the readiness of children for school by developing their literacy, pho- nemic, and print awareness, their under- standing and use of language, their under- standing and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, their problem-solving abilities, and their approaches to learning; (B) establishing and maintaining a safe, healthy learning environment; Page 7892 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9843a (C) supporting the social and emotional de- velopment of children; and (D) encouraging the involvement of the families of the children in a Head Start pro- gram and supporting the development of re- lationships between children and their fami- lies. (2) Degree requirements (A) Head Start teachers The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of Head Start teachers nationwide in center- based programs have— (i) a baccalaureate or advanced degree in early childhood education; or (ii) a baccalaureate or advanced degree and coursework equivalent to a major re- lating to early childhood education, with experience teaching preschool-age chil- dren. (B) Additional staff The Secretary shall ensure that, not later than September 30, 2013, all— (i) Head Start education coordinators, including those that serve as curriculum specialists, nationwide in center-based programs— (I) have the capacity to offer assist- ance to other teachers in the implemen- tation and adaptation of curricula to the group and individual needs of children in a Head Start classroom; and (II) have— (aa) a baccalaureate or advanced de- gree in early childhood education; or (bb) a baccalaureate or advanced de- gree and coursework equivalent to a major relating to early childhood edu- cation, with experience teaching pre- school-age children; and (ii) Head Start teaching assistants na- tionwide in center-based programs have— (I) at least a child development asso- ciate credential; (II) enrolled in a program leading to an associate or baccalaureate degree; or (III) enrolled in a child development associate credential program to be com- pleted within 2 years. (C) Progress (i) Implementation The Secretary shall— (I) require Head Start agencies to— (aa) describe continuing progress each year toward achieving the goals described in subparagraphs (A) and (B); and (bb) annually submit to the Sec- retary a report indicating the number and percentage of classroom personnel described in subparagraphs (A) and (B) in center-based programs with child development associate credentials or associate, baccalaureate, or advanced degrees; (II) compile and submit a summary of all program reports described in sub- clause (I)(bb) to the Committee on Edu- cation and Labor of the House of Rep- resentatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (III) not impose any penalties or sanc- tions on any individual Head Start agen- cy, program, or staff in the monitoring of local agencies and programs under this subchapter not meeting the require- ments of subparagraph (A) or (B). (D) Construction In this paragraph a reference to a Head Start agency, or its program, services, facil- ity, or personnel, shall not be considered to be a reference to an Early Head Start agen- cy, or its program, services, facility, or per- sonnel. (3) Alternative credentialing and degree re- quirements The Secretary shall ensure that, for center- based programs, each Head Start classroom that does not have a teacher who meets the qualifications described in clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has the following during the period specified: (A) Through September 30, 2011— (i) a child development associate creden- tial that is appropriate to the age of chil- dren being served in center-based pro- grams; (ii) a State-awarded certificate for pre- school teachers that meets or exceeds the requirements for a child development asso- ciate credential; (iii) an associate degree in early child- hood education; (iv) an associate degree in a related field and coursework equivalent to a major re- lating to early childhood education, with experience teaching preschool-age chil- dren; or (v) a baccalaureate degree and has been admitted into the Teach For America pro- gram, passed a rigorous early childhood content exam, such as the Praxis II, par- ticipated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongo- ing professional development and support from Teach For America’s professional staff. (B) As of October 1, 2011— (i) an associate degree in early childhood education; (ii) an associate degree in a related field and coursework equivalent to a major re- lating to early childhood education, with experience teaching preschool-age chil- dren; or (iii) a baccalaureate degree and has been admitted into the Teach For America pro- gram, passed a rigorous early childhood content exam, such as the Praxis II, par- ticipated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongo- ing professional development and support from Teach For America’s professional staff. Page 7893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9843a (4) Waiver On request, the Secretary shall grant— (A) through September 30, 2011, a 180-day waiver ending on or before September 30, 2011, of the requirements of paragraph (3)(A) for a Head Start agency that can dem- onstrate that the agency has attempted un- successfully to recruit an individual who has the qualifications described in any of clauses (i) through (iv) of paragraph (3)(A) with re- spect to an individual who— (i) is enrolled in a program that grants a credential, certificate, or degree described in clauses (i) through (iv) of paragraph (3)(A); and (ii) will receive such credential, certifi- cate, or degree under the terms of such program not later than 180 days after be- ginning employment as a teacher with such agency; and (B) as of October 1, 2011, a 3-year waiver of the requirements of paragraph (3)(B) for a Head Start agency that can demonstrate that— (i) the agency has attempted unsuccess- fully to recruit an individual who has the qualifications described in clause (i) or (ii) of such paragraph, with respect to an indi- vidual who is enrolled in a program that grants a degree described in clause (i) or (ii) of such paragraph and will receive such degree in a reasonable time; and (ii) each Head Start classroom has a teacher who has, at a minimum— (I) a child development associate cre- dential that is appropriate to the age of children being served in center-based programs; or (II) a State-awarded certificate for pre- school teachers that meets or exceeds the requirements for a child develop- ment associate credential. (5) Teacher in-service requirement Each Head Start teacher shall attend not less than 15 clock hours of professional devel- opment per year. Such professional develop- ment shall be high-quality, sustained, inten- sive, and classroom-focused in order to have a positive and lasting impact on classroom in- struction and the teacher’s performance in the classroom, and regularly evaluated by the pro- gram for effectiveness. (6) Service requirements The Secretary shall establish requirements to ensure that, in order to enable Head Start agencies to comply with the requirements of paragraph (2)(A), individuals who receive fi- nancial assistance under this subchapter to pursue a degree described in paragraph (2)(A) shall— (A) teach or work in a Head Start program for a minimum of 3 years after receiving the degree; or (B) repay the total or a prorated amount of the financial assistance received based on the length of service completed after receiv- ing the degree. (7) Use of funds The Secretary shall require that any Federal funds provided directly or indirectly to com- ply with paragraph (2)(A) shall be used toward degrees awarded by an institution of higher education, as defined by section 1001 or 1002 of title 20. (b) Mentor teachers (1) ‘‘Mentor teacher’’ defined; function For purposes of this subsection, the term ‘‘mentor teacher’’ means an individual respon- sible for observing and assessing the classroom activities of a Head Start program and pro- viding on-the-job guidance and training to the Head Start program staff and volunteers, in order to improve the qualifications and train- ing of classroom staff, to maintain high qual- ity education services, and to promote career development, in Head Start programs. (2) Requirement In order to assist Head Start agencies in es- tablishing positions for mentor teachers, the Secretary shall— (A) provide technical assistance and train- ing to enable Head Start agencies to estab- lish such positions; (B) give priority consideration, in pro- viding assistance pursuant to subparagraph (A), to Head Start programs that have sub- stantial 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 cur- ricula, designed to ensure the attainment of appropriate competencies of mentor teach- ers in Head Start programs. (c) Family service workers To improve the quality and effectiveness of staff providing in-home and other services (in- cluding needs assessment, development of serv- ice plans, family advocacy, and coordination of service delivery) to families of children partici- pating 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 de- velop new qualification standards for Head Start staff providing such services; (2) review, and as necessary, revise or de- velop maximum caseload requirements, as suggested by best practices; (3) promote the development of model cur- ricula (on subjects including parenting train- ing and family literacy) designed to ensure the attainment of appropriate competencies by in- dividuals working or planning to work in the field of early childhood and family services; (4) promote the establishment of a creden- tial that indicates attainment of the com- petencies and that is accepted nationwide; and (5) promote the use of appropriate strategies to meet the needs of special populations (in- cluding populations of limited English pro- ficient children). Page 7894 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9843a (d) Head Start Fellowships (1) Authority The Secretary may establish a program of fellowships, to be known as ‘‘Head Start Fel- lowships’’, in accordance with this subsection. The Secretary may award the fellowships to individuals, to be known as ‘‘Head Start Fel- lows’’, who are staff in local Head Start pro- grams 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 sig- nificant contributions to programs authorized under this subchapter, by providing opportuni- ties to expand their knowledge and experience through exposure to activities, issues, re- sources, 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 subpara- graphs (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 pro- grams; (iii) in institutions of higher education; (iv) in public or private entities and or- ganizations 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 em- ployee of a local Head Start agency or pro- gram may be placed only in a fellowship po- sition located in an agency or program spec- ified 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 (including a center) 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 ap- plicants who are working, on the date of appli- cation, in local Head Start programs or other- wise 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 ad- ditional year. (6) Authorized expenditures From amounts made available under section 9835(a)(2)(E) of this title, the Secretary is au- thorized 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 para- graph, Head Start Fellows shall not be consid- ered to be employees or otherwise in the serv- ice or employment of the Federal Government. Head Start Fellows shall be considered to be employees for purposes of compensation for in- juries under chapter 81 of title 5. Head Start Fellows assigned to positions located in agen- cies 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 applica- ble 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 pub- lic 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 num- bers, types, responsibilities, and qualifications of staff required to operate a Head Start pro- gram. (f) Professional development plans Each Head Start agency and program shall create, in consultation with an employee, a pro- fessional development plan for all full-time Head Start employees who provide direct serv- ices to children and shall ensure that such plans are regularly evaluated for their impact on teacher and staff effectiveness. The agency and the employee shall implement the plan to the extent feasible and practicable. (g) Staff recruitment and selection procedures Before a Head Start agency employs an indi- vidual, such agency shall— (1) conduct an interview of such individual; (2) verify the personal and employment ref- erences provided by such individual; and (3) obtain— (A) a State, tribal, or Federal criminal record check covering all jurisdictions where the grantee provides Head Start services to children; (B) a State, tribal, or Federal criminal record check as required by the law of the jurisdiction where the grantee provides Head Start services; or (C) a criminal record check as otherwise required by Federal law. (Pub. L. 97–35, title VI, § 648A, as added Pub. L. 103–252, title I, § 115, May 18, 1994, 108 Stat. 643; amended Pub. L. 105–285, title I, § 115, Oct. 27, 1998, 112 Stat. 2722; Pub. L. 110–134, § 19, Dec. 12, 2007, 121 Stat. 1430.) Page 7895 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9844 Editorial Notes AMENDMENTS 2007—Subsec. (a). Pub. L. 110–134, § 19(1), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) re- lated to qualification and development requirements for Head Start teachers in center-based programs and gave Secretary limited authority to waive alternative credentialing requirements. Subsec. (c). Pub. L. 110–134, § 19(2), amended subsec. (c) generally. Prior to amendment, text of subsec. (c) read as follows: ‘‘In order to improve the quality and effectiveness of staff providing in-home and other serv- ices (including needs assessment, development of serv- ice 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 organiza- tions 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 appro- priate competencies by individuals working or plan- ning to work in the field of early childhood and fam- ily services; and ‘‘(3) promote the establishment of a credential that indicates attainment of the competencies and that is accepted nationwide.’’ Subsec. (d)(3)(C). Pub. L. 110–134, § 19(3)(A), inserted ‘‘(including a center)’’ after ‘‘agency’’. Subsec. (d)(6). Pub. L. 110–134, § 19(3)(B), substituted ‘‘amounts made available under section 9835(a)(2)(E) of this title’’ for ‘‘amounts appropriated under this sub- chapter and allotted under section 9835(a)(2)(D) of this title’’. Subsecs. (f), (g). Pub. L. 110–134, § 19(4), added subsecs. (f) and (g). 1998—Subsec. (a). Pub. L. 105–285, § 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 Sec- retary limited authority to waive that requirement. Subsec. (b)(2)(B). Pub. L. 105–285, § 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 fami- lies’’ before semicolon. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. 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. § 9844. Research, demonstrations, and evaluation (a) In general (1) Requirement; general purposes The Secretary shall carry out a continuing program of research, demonstration, and eval- uation 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 de- velop, test, and disseminate new ideas based on existing scientifically valid research, for addressing the needs of low-income pre- school children (including children with dis- abilities, homeless children, children who have been abused or neglected, and children in foster care) and their families and com- munities (including demonstrations of inno- vative 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 periodi- cally 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, under- take 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 oper- ation of such program or project; (4) may require Head Start agencies to pro- vide for independent evaluations; (5) may approve, in appropriate cases, com- munity-based cooperative research and eval- uation 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 op- eration of Head Start programs and individ- uals who are involved in the operation of other child and family service programs; and (C) individuals from other Federal agen- cies, and individuals from organizations, in- volved with children and families, ensuring that the individuals described in this sub- paragraph reflect the multicultural nature of the children and families served by the Head Start programs and the multidisci- plinary nature of the Head Start programs;