Background: Head Start Performance Standards

On June 19, 2015, the Office of Head Start (OHS) proposed a complete reorganization of the 1975 Head Start performance standards. The regulations are effective 60 days after publication as a final rule. However, OHS proposes that certain provisions, such as increases in service days and hours, curriculum, background checks, implementation of a coaching strategy, and a home visitors CDA requirement, become effective 12 months after publication. This summary focuses on provisions with an immediate impact on our members.

OHS estimates that the net programmatic cost is $1.05 billion. The President requested an additional $1.5 billion for Head Start to support these improvements and continue the Early Head Start-Child Care partnerships. If no additional resources are provided, we can expect losses in Head Start slots and jobs. See below for more detail.  

To inform AFSCME’s final comments, your feedback is critical. Please share these proposed revisions with your HS/EHS members and submit feedback on the questions below by July 27, 2015. Comments are due Friday, August 18, 2015. If you have any questions, or would like to raise other issues, please contact Sookyung Oh at soh@afscme.org or 202-429-1095.

Summary of significant changes to that will impact AFSCME members

1. Establish new service day and hour minimums (page 35532, part 1302.21): Increase minimum services days from 128 to 180 days and service hours from 3.5 to 6 hours. Consequently, propose to remove double session options as a standard option. 

ANALYSIS: Some Head Start programs may already operate at least 6 hours and at least 180 days, but many do not. If there is no new funding, OHS estimates losses of 113,320 Head Start slots and 7,912 teaching jobs. There is no mention of impact on support staff. Some members could have more work during the year due to the increased hours.

2. Early Head Start days and hours (page 35532, part 1301.21): Clarifies that “full-day and full year” in Early Head Start means to operate no less than 230 days/year and no less than 6 hours a day.

ANALYSIS: If there is no new funding, OHS estimates losses of 13,128 EHS slots and 1,520 EHS teaching jobs. There is no mention of impact on support staff. Like the longer day and hour minimums, some members could see more work.

3. Increase background checks for all staff, including contractors who transport children (pages 35542-35543, part 130290): To complement new child care block grant requirements, all staff must obtain state/tribal criminal history records, including fingerprint checks, or FBI criminal history checks, including fingerprint checks and clearance through a child abuse and neglect registry and a sex offender registry, if available. Within 90 days after an employee is hired, a program must complete the background check process by obtaining whichever background check that was not obtained prior to employment. Current regulations require only one of the two checks. A complete background check for each staff member is required once every five years.

ANALYSIS: Unsure. Could be negative for our members depending on current background check practice.

4. Staff qualification requirements (pages 35543-35544, part 1302.91): Current regulations require an Associate’s Degree for Head Start teachers and Infant and Toddler CDA credential for Early Head Start teachers. OHS is seeking comment on whether Head Start teachers and, possibly, Early Head Start teachers should have a bachelor’s degree (page 35488). OHS is also seeking comment on specific degree requirements for family service workers, disabilities services staff and health staff (page 35488)

ANALYSIS: Seems like a tall ask, especially for Early Head Start teachers. Would an Associate’s Degree be more reasonable for them? If there is no support for providers to obtain Bachelor’s degree, then we would be very concerned. If child care providers in EHS-Child Care partnerships are required to follow the EHS performance standards, many may not be able to participate.

5. Personnel policies (pages 35542-35543, part 1302.90): Retains the requirement that programs establish written personnel policies and procedures, but removes the topics that those policies and procedures must cover. Current regulations require that, at a minimum, policies should include: (1) descriptions of each staff position, addressing, as appropriate, roles and responsibilities, relevant qualifications, salary range, and employee benefits; (2) description of the procedures for recruitment, selection and termination; (3) standards of conduct; (4) descriptions of methods for providing staff and volunteers with opportunities for training, development, and advancement; (5) a description of the procedures for conducting annual staff performance appraisals; (6) assurances that the program is an equal opportunity employer and does not discriminate on the basis of gender, race, ethnicity, religion or disability; and (7) a description of employee-management relations procedures, including those for managing employee grievances and adverse actions.

ANALYSIS: A quick scan of collective bargaining agreements reveals annual performance reviews and staff’s rights to review these and their personnel files. Would not prescribing these topics mean that some employers would not have personnel policies and procedures on these topics?

6. Relationship of HS/EHS programs to family child care providers (page 35533, part 1302.23): Proposes requiring HS/EHS programs to be the employer of the family child care provider or have a legally binding agreement.

ANALYSIS: Requiring HS or EHS programs to be the employer of the family child care (FCC) provider could impact collective bargaining agreements.

7. No more parent committees (page 35526, part 1301.4): Parents instead will serve on the policy council. Proposes also lifting the exclusion that staff can’t serve on policy council or policy committees (p. 35349).

ANALYSIS: In Head Start organizing, having the support for the policy council/committees is important since those bodies must approve personnel policies, which would include a union contract.

Questions – Please respond by July 27, 2015

1. How will the new service days and hours minimums affect members?
2. OHS is seeking comments on whether 6 hours is the most appropriate new minimum. Could child care providers who provide wrap-around care be impacted?
3. Should there be a BA degree requirement for Head Start teachers?
4. Should there be a BA degree requirement for Early Head Start teachers?
5. Should there be degree requirements for family service workers, disabilities services staff, and/or health staff? If so, what do you recommend?
6. Who pays for the required background check now? For those who are already currently employed, are they required to get background checks every five years? Are there already protections, such as the right to appeal to ensure that they are not permanently penalized as the result of inaccurate information?
7. Would not prescribing specific personnel topics mean that some employers would not have personnel policies and procedures on those topics?
8. What consequences could there be ff HS/EHS programs become the employer of the family child care providers?
9. Due to the changes, would extending the 6- and 12-month implementation periods be helpful?
10. Are there any concerns with the analysis presented above?
11. What other implementation issues should we address in our comments?