§ 9835.
(b)
Federal share
Financial assistance extended under this subchapter for a Head Start program shall not exceed 80 percent of the approved costs of the assisted program or activities, except that the Secretary may approve assistance in excess of such percentage if the Secretary determines that such action is required in furtherance of the purposes of this subchapter. For the purpose of making such determination, the Secretary shall take into consideration with respect to the Head Start program involved—
(1)
the lack of resources available in the community that may prevent the Head Start agency from providing all or a portion of the non-Federal contribution that may be required under this subsection;
(2)
the impact of the cost the Head Start agency may incur in initial years it carries out such program;
(3)
the impact of an unanticipated increase in the cost the Head Start agency may incur to carry out such program;
(4)
whether the Head Start agency is located in a community adversely affected by a major disaster; and
(5)
the impact on the community that would result if the Head Start agency ceased to carry out such program.
Non-Federal contributions may be in cash or in kind, fairly evaluated, including plant, equipment, or services. The Secretary shall not require non-Federal contributions in excess of 20 percent of the approved costs of programs or activities assisted under this subchapter.
(d)
Enrollment of children with disabilities and provision of services
(1)
The Secretary shall establish policies and procedures to assure that, for fiscal year 2009 and thereafter, not less than 10 percent of the total number of children actually enrolled by each Head Start agency and each delegate agency will be children with disabilities who are determined to be eligible for special education and related services, or early intervention services, as appropriate, as determined under the Individuals with Disabilities Education Act (
20 U.S.C. 1400 et seq.), by the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (
20 U.S.C. 1419, 1431 et seq.).
(2)
Such policies and procedures shall ensure the provision of early intervening services, such as educational and behavioral services and supports, to meet the needs of children with disabilities, prior to an eligibility determination under the Individuals with Disabilities Education Act.
(3)
Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.
(4)
The Secretary shall establish policies and procedures to provide Head Start agencies with waivers of the requirements of paragraph (1) for not more than 3 years. Such policies and procedures shall require Head Start agencies, in order to receive such waivers, to provide evidence demonstrating that the Head Start agencies are making reasonable efforts on an annual basis to comply with the requirements of that paragraph.
(5)
Nothing in this subsection shall be construed to limit or create a right to a free appropriate public education under the Individuals with Disabilities Education Act.
(l)
Frequent relocation of migrant families
(1)
With funds made available under this subchapter to expand migrant and seasonal Head Start programs, the Secretary shall give priority to migrant and seasonal Head Start programs that serve eligible children of migrant or seasonal farmworker families whose work requires them to relocate most frequently.
(2)
In determining the need and demand for migrant and seasonal Head Start programs (and services provided through such programs), the Secretary shall consult with appropriate entities, including providers of services for migrant and seasonal Head Start programs. The Secretary shall, after taking into consideration the need and demand for migrant and seasonal Head Start programs (and such services), ensure that there is an adequate level of such services for eligible children of migrant farmworker families before approving an increase in the allocation of funds provided under this subchapter for unserved eligible children of seasonal farmworker families. In serving the eligible children of seasonal farmworker families, the Secretary shall ensure that services provided by migrant and seasonal Head Start programs do not duplicate or overlap with other Head Start services available to eligible children of such farmworker families.
(3)
In carrying out this subchapter, the Secretary shall continue the administrative arrangement at the national level for meeting the needs of Indian children and children of migrant and seasonal farmworker families and shall ensure—
(A)
the provision of training and technical assistance by staff with knowledge of and experience in working with such populations; and
(B)
the appointment of a national Indian Head Start collaboration director and a national migrant and seasonal Head Start collaboration director.
(4)
(A)
For the purposes of paragraph (3), the Secretary shall conduct an annual consultation in each affected Head Start region, with tribal governments operating Head Start (including Early Head Start) programs.
(B)
The consultations shall be for the purpose of better meeting the needs of Indian, including Alaska Native, children and their families, in accordance with this subchapter, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations.
(C)
The Secretary shall publish a notification of the consultations in the Federal Register before conducting the consultations.
(D)
The Secretary shall ensure that a detailed report of each consultation shall be prepared and made available, within 90 days after the consultation, to all tribal governments receiving funds under this subchapter.
(m)
Enrollment and participation of homeless children
The Secretary shall issue rules to establish policies and procedures to remove barriers to the enrollment and participation of homeless children in Head Start programs. Such rules shall require Head Start agencies—
(1)
to implement policies and procedures to ensure that homeless children are identified and prioritized for enrollment;
(2)
to allow families of homeless children to apply to, enroll in, and attend Head Start programs while required documents, such as proof of residency, immunization and other medical records, birth certificates, and other documents, are obtained within a reasonable time frame; and
(3)
to coordinate individual Head Start programs with efforts to implement subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (
42 U.S.C. 11431 et seq.).
([Pub. L. 97–35, title VI, § 640], Aug. 13, 1981, [95 Stat. 499]; [Pub. L. 98–558, title I, § 103], Oct. 30, 1984, [98 Stat. 2878]; [Pub. L. 99–425, title I, § 102], Sept. 30, 1986, [100 Stat. 966]; [Pub. L. 101–476, title IX, § 901(d)], Oct. 30, 1990, [104 Stat. 1151]; [Pub. L. 101–501, title I], §§ 104(a), 105, 123(b), Nov. 3, 1990, [104 Stat. 1224], 1228, 1237; [Pub. L. 102–119, § 26(g)], Oct. 7, 1991, [105 Stat. 607]; [Pub. L. 102–401, § 2(a)]–(d), (k)(1), Oct. 7, 1992, [106 Stat. 1956], 1958; [Pub. L. 103–252, title I, § 105], May 18, 1994, [108 Stat. 626]; [Pub. L. 104–193, title I, § 110(t)], Aug. 22, 1996, [110 Stat. 2175]; [Pub. L. 105–285, title I, § 106(a)]–(d), Oct. 27, 1998, [112 Stat. 2705–2711]; [Pub. L. 108–446, title III, § 305](l)(1), (2), Dec. 3, 2004, [118 Stat. 2806]; [Pub. L. 110–134, § 6], Dec. 12, 2007, [121 Stat. 1367]; [Pub. L. 118–42, div. G, title II, § 209(b)(6)(B)], Mar. 9, 2024, [138 Stat. 443].)