EFFECTIVE DATE: February 10, 1997. PART 1311 - HEAD START FELLOWS PROGRAM Sec. 1311.1 Head Start Fellows Program purpose. SUPPLEMENTARY INFORMATION: I. Program Purpose Public Law 103-252, the Human Services Amendments of 1994, amended the Head Start Act to authorize the creation of a Head Start Fellows Program (HSFP), which will support professional development of individuals working in Head Start or related programs. The Head Start Bureau is pleased with the opportunity to develop the HSFP. The Bureau anticipates that the HSFP will provide Head Start Fellows with a unique opportunity to be exposed to activities, issues, resources, and new approaches through placements that will include national and regional Head Start offices, academia, and other public or private nonprofit entities and organizations concerned with services to children and families. The Head Start Bureau will benefit from the valuable perspectives brought by the Fellows currently working in Head Start and other programs across America to the national policy making process. II. Summary of the Final Rule The authority for this final rule is section 1150 of Public Law 103-252, the Human Services Amendments of 1994 (the Act) which added section 648A(d) to the Head Start Act (42 U.S.C. 9843). Section 648A(d) authorizes the Secretary to establish a program of Head Start Fellowships. Section 648A(d)(6) authorizes the Secretary to make expenditures not to exceed $1,000,000 for any fiscal year for stipends and other reasonable expenses for the Fellows Program. Additional authority is found in section 648A(d)(8), which mandates that the Secretary promulgate regulations to carry out section 648A(d). The Act specifies:
III. Rulemaking History On May 15, 1996, the Department published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (61 FR 24467) proposing to establish a rule to implement the statutory provision establishing the Head Start Fellows Program, including selection, placement, duration and status of the Head Start Fellows. Interested persons were given 60 days in which to comment on the proposed rule. During the 60 day comment period the Department received comments from seven individuals in Head Start, child care, and early intervention programs. IV. Section by Section Discussion of the Comments Received No comments were received on sections 1311.1 (Head Start Fellows Purpose), 1311.2 (Definitions), and 1311.3 (Application Process). Sec. 1311.4 Qualifications, Selection, and Placement. Comment: We received one comment that a specified number of Fellows slots should be reserved for people employed in Head Start at the local level. The individual also commented that non-Head Start program staff, especially early childhood specialists and consultants, should receive a lower priority rating in the selection process. Response: It is anticipated that some local Head Start program staff will emerge as Fellows from each year's selection process. However, the purpose of the program is broader than Head Start and is aimed at a wider audience than the current Head Start community. The program's purpose is to build leadership and enhance the ability of the Fellows to make significant contributions throughout the early childhood and family services field. Establishing a quota for Head Start employees or otherwise placing eligible individuals from non-Head Start programs at a disadvantage would distort the nature of the competitive process and, we believe, is not in accordance with the intent of the legislation. Comment: One comment suggested that the final rule should identify all organizations involved in the selection process and describe the role of each. Response: This comment is in reference to the Council for Early Childhood Professional Recognition ("the Council"), a Washington, D.C.-based nonprofit organization which is assisting with the implementation of the HSFP through a Cooperative Agreement between it and the Administration on Children, Youth and Families. The Council competed successfully for this Cooperative Agreement and is providing support for the development and operation of this program in myriad ways. Also involved is the Commission on National Head Start Fellowship, which is an entity which the Council and the Head Start Bureau jointly established and consists of nationally prominent individuals in early childhood and family services. The Commission is also providing substantial support in the ongoing development of the program, including the formulation and application of selection criteria and the actual recommendation of Fellows for selection. Although we anticipate that these entities will remain involved throughout the currently legislated duration of the program, the HSFP is still in its developmental stage. It may become necessary at some point to change these relationships or establish entirely new relationships. For this reason it is our judgment that this should not be written into the regulation. Comment: One comment to this section maintained that the selection criteria for choosing the Fellows should be published and weighted. Response: There is merit to this argument in that the applicants would know with greater specificity the criteria on which they are being judged and the weight accorded each criterion and would therefore be able to respond more appropriately. Nevertheless, it is our judgment that specifying and precisely formulating the criteria and their relative weights would unduly restrict current Commissioners and future Commissioners in the selection process. However, we will be discussing this issue and the possibility of inclusion of criteria and their weights in the application package for future classes of Fellows at the next meeting of the Commission on National Head Start Fellowships. Sec. 1311.5 Duration of Fellowships and Status of Head Start Fellows. Comment: We received one comment that, although the NPRM is clear, other information regarding the Fellowship is unclear as to whether the Fellowship placement is for one or for two years. Response: We appreciate this comment and will assure that all documents to be used in the future regarding the Fellows Program specifically state that the Fellowship are for one year but may be renewed for a term of one additional year. V. Impact Analysis Executive Order 12866 This final rule implements the statutory authority to create a HSFP. Congress authorized expenditures allotted under section 640(a)(2)(D) of the Head Start Act, not to exceed $1 million in any fiscal year. This section allows for expenditures at the Secretary's discretion. Regulatory Flexibility Act of 1980 The Secretary certifies that this rule will not have a significant impact on substantial numbers of small entities. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, Public Law 104-13, all Departments are required to submit to the Office of Management and Budget (OMB) for review and approval any reporting or recordkeeping requirement inherent in a proposed rule or, if necessary, a final rule. This final rule contains an information collection requirement in section 1311.3 with regard to the application process for individuals applying for the HSFP. No comments were received on section 1311.3. The information collection remains the same as set forth in the NPRM. We submitted section 1311.3 to OMB for review and approval in accordance with the Paperwork Reduction Act. The OMB control number is 0970-0140 and has been inserted at the end of section 1311.3. The expiration date is 7/31/99. List of Subjects in 45 CFR Part 1311 Education of disadvantaged, Grant programs--social programs, Scholarships and fellowships. (Catalog of Federal Domestic Assistance Program Number 93.600, Project Head Start) Approved: December 17, 1996. For the reasons set forth in the Preamble, 45 CFR Chapter XIII is amended by adding a new Part 1311 as follows: Sec. 1311.1 Head Start Fellows Program Purpose. (a) This part establishes regulations implementing section 648A(d) of the Head Start Act, as amended, 42 U.S.C. 9801 et seq., applicable to the administration of the Head Start Fellows Program, including selection, placement, duration and status of the Head Start Fellows. (b) As provided in section 648A(d) of the Act, the Head Start Fellows Program is designed to enhance the ability of Head Start Fellows to make significant contributions to Head Start and to other child development and family services programs. As used in this part: Act means the Head Start Act, as amended, 42 U.S.C. 9801 et seq. Associate Commissioner means the Associate Commissioner of the Head Start Bureau in the Administration on Children, Youth and Families. Head Start Fellows means individuals who participate in the Head Start Fellows Program, who may be staff in local Head Start programs or other individuals working in the field of child development and family services. Sec. 1311.3 Application process. An individual who wishes to obtain a Fellowship must submit an application to the Associate Commissioner. The Administration for Children and Families will publish an annual announcement of the availability and number of Fellowships in the Federal Register. Federal employees are not eligible to apply. (The information collection requirement contained in this section is approved under OMB Control Number 0970-0140.) Sec. 1311.4 Qualifications, selection, and placement. (a) The Act specifies that an applicant must be working on the date of application in a local Head Start program or otherwise working in the field of child development and family services. The qualifications of the applicants for Head Start Fellowship positions will be competitively reviewed. The Associate Commissioner will make the final selection of the Head Start Fellows. (b) Head Start Fellows may be placed in:
(c) A Head Start Fellow who is not an employee of a local Head Start agency or program may only be placed in the national or regional offices within the Department of Health and Human Services that administer Head Start or local Head Start agencies. (d) Head Start Fellows shall not be placed in any agency whose primary purpose, or one of whose major purposes is to influence Federal, State or local legislation. Sec. 1311.5 Duration of Fellowships and status of Head Start Fellows. (a) Head Start Fellowships will be for terms of one year, and may be renewed for a term of one additional year. (b) For the purposes of compensation for injuries under chapter 81 of title 5, United States Code, Head Start Fellows shall be considered to be employees, or otherwise in the service or employment, of the Federal Government. (c) Head Start Fellows assigned to the national or regional offices within the Department of Health and Human Services shall be considered employees in the Executive Branch of the Federal Government for the purposes of chapter 11 of title 18, United States Code, and for the purposes of any administrative standards of conduct applicable to the employees of the agency to which they are assigned. |