42 USC 9840 - Participation in Head Start programs

1 So in original. The “(a)” probably should not appear.

The Secretary shall by regulation prescribe eligibility for the participation of persons in Head Start programs assisted under this subchapter.

2 See References in Text note below.

of this title and is located in a health professional shortage area, as designated by the Secretary pursuant to

Editorial Notes

References in Text

Section 254c of this title, referred to in subsec. (a)(2)(B), was in the original a reference to section 330 of the Public Health Service Act, act July 1, 1944, which was omitted in the general amendment of subpart I (§ 254span et seq.) of part D of subchapter II of chapter 6A of this title by Puspan. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Puspan. L. 104–299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254span and 254c of this title.

This Act, referred to in subsec. (d)(3), is Puspan. L. 97–35, Aug. 13, 1981, 95 Stat. 499, known as the Omnibus Budget Reconciliation Act of 1981. For complete classification of this Act to the Code, see Tables.

Amendments

2016—Subsec. (a)(3)(B)(i). Puspan. L. 114–328 inserted “or 351” after “section 310”.

2007—Subsec. (a). Puspan. L. 110–134, § 14(1)(A), added par. (a)(1) and struck out former par. (1) which related to criteria for eligibility for participation in Head Start programs assisted under this subchapter.

Subsec. (a)(3) to (5). Puspan. L. 110–134, § 14(1)(B), added pars. (3) to (5).

Subsec. (c). Puspan. L. 110–134, § 14(2), struck out “(age 3 to compulsory school attendance)” after “eligible children”.

Subsec. (d)(3). Puspan. L. 110–134, § 14(3), added par. (3) and struck out former par. (3) which read as follows: “In providing services through a Head Start program to such children, the Indian tribe may not use funds that the Secretary has determined, in accordance with section 9835(g)(3) of this title, are to be used for expanding Head Start programs under this subchapter.”

1998—Subsec. (a)(1). Puspan. L. 105–285, § 112(a), substituted “criteria may provide—” for “criteria may provide”, realigned margins of subpars. (A) and (B), in subpar. (B) substituted “shall prescribe, that—” for “shall prescribe, that”, inserted “(i)” before “programs assisted under this subchapter may”, and substituted “subparagraph (A); and”, cl. (ii), and concluding provisions for “clause (A).”

Subsec. (span). Puspan. L. 105–285, § 112(span), inserted at end “A Head Start agency that provides a Head Start program with full-working-day services in collaboration with other agencies or entities may collect a family copayment to support extended day services if a copayment is required in conjunction with the collaborative. The copayment charged to families receiving services through the Head Start program shall not exceed the copayment charged to families with similar incomes and circumstances who are receiving the services through participation in a program carried out by another agency or entity.”

Subsec. (c). Puspan. L. 105–285, § 112(c), inserted at end “Each Head Start program operated in a community shall be permitted to recruit and accept applications for enrollment of children throughout the year.”

Subsec. (d)(1)(B). Puspan. L. 105–285, § 112(d), substituted “a community that is an off-reservation area, designated by an appropriate tribal government, in consultation with the Secretary” for “a community with a near-reservation designation, as defined by the Bureau of Indian Affairs”.

1994—Subsec. (c). Puspan. L. 103–252, § 111(1), substituted “shall be permitted to provide more than 1 year of Head Start services to eligible children (age 3 to compulsory school attendance) in the State.” for “may provide more than one year of Head Start services to children from age 3 to the age of compulsory school attendance in the State in which the Head Start program is located. The Secretary may not issue or enforce any rule (as defined in section 551(4) of title 5) or guideline that forbids any Head Start agency to carry out a Head Start program in accordance with the authority described in the preceding sentence.”

Subsec. (d). Puspan. L. 103–252, § 111(2), added subsec. (d).

1990—Subsec. (a)(2). Puspan. L. 101–501, § 113, substituted “1994” for “1990” in closing provisions.

Subsec. (a)(2)(B). Puspan. L. 101–597 substituted “health professional shortage area” for “health manpower shortage area”.

Subsec. (c). Puspan. L. 101–501, § 114, inserted at end “The Secretary may not issue or enforce any rule (as defined in section 551(4) of title 5) or guideline that forbids any Head Start agency to carry out a Head Start program in accordance with the authority described in the preceding sentence.”

1986—Subsec. (a)(2). Puspan. L. 99–425 substituted “1990” for “1986” in closing provisions.

1984—Subsec. (a)(2). Puspan. L. 98–558, § 105(a), inserted at end “During the period beginning on October 30, 1984, and ending on October 1, 1986, and unless specifically authorized in any statute of the United States enacted after October 30, 1984, the Secretary may not make any change in the method, as in effect on April 25, 1984, of calculating income used to prescribe eligibility for the participation of persons in the Head Start programs assisted under this subchapter if such change would result in any reduction in, or exclusion from, participation of persons in any of such programs.”

Subsec. (c). Puspan. L. 98–558, § 105(span), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–252 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 Puspan. L. 103–252, set out as a note under section 9832 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Puspan. L. 101–501, set out as a note under section 8621 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–425 effective Oct. 1, 1986, see section 1001 of Puspan. L. 99–425, set out as a note under section 8621 of this title.

Selection Criteria for Indian Tribe Operating Head Start Program

Puspan. L. 118–47, div. D, title II, § 238, Mar. 23, 2024, 138 Stat. 681, provided that:

“In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsections (a) and paragraphs (1) and (2) of subsection (d) of section 645 of the Head Start Act [42 U.S.C. 9840] and income eligibility criteria and allowances prescribed in regulations, an Indian tribe that operates a Head Start program may, at its discretion, establish selection criteria, including criteria to prioritize children in families for which a child, a family member, or a member of the same household, is a member of an Indian tribe, to enroll children who would benefit from the Head Start program.”

Selection Criteria for Agency Operating Migrant or Seasonal Head Start Program

Puspan. L. 118–47, div. D, title II, § 239, Mar. 23, 2024, 138 Stat. 681, provided that:

“In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsection (a) of section 645 of the Head Start Act [42 U.S.C. 9840] and income eligibility criteria and allowances prescribed in regulations, an agency that operates a migrant or seasonal Head Start program may, at its discretion, establish selection criteria to enroll children who would benefit from the Head Start program, giving priority to children of migrant farmworker families: Provided, That such selection criteria shall limit that enrollment to children who have at least one family member whose income comes primarily from agricultural employment as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802).”